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CITY AND COUNTY OF SAN FRANCISCO AIRPORT COMMISSION REQUEST FOR QUALIFICATIONS/REQUEST FOR PROPOSAL No. 8427C.A Design Build Services For Mel Leong Treatment Plant Industrial Wastewater Treatment Plant At San Francisco International Airport ADDENDUM 1 April 11, 2013

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Page 1: CITY AND COUNTY OF SAN FRANCISCO AIRPORT COMMISSIONmission.sfgov.org/OCA_BID_ATTACHMENTS/FA28747.pdf · 2013. 4. 11. · will be used as the basis for design service labor rates when

CITY AND COUNTY OF SAN FRANCISCO AIRPORT COMMISSION

REQUEST FOR QUALIFICATIONS/REQUEST FOR PROPOSAL No. 8427C.A

Design Build Services For

Mel Leong Treatment Plant Industrial Wastewater Treatment Plant At

San Francisco International Airport

ADDENDUM 1

April 11, 2013

Page 2: CITY AND COUNTY OF SAN FRANCISCO AIRPORT COMMISSIONmission.sfgov.org/OCA_BID_ATTACHMENTS/FA28747.pdf · 2013. 4. 11. · will be used as the basis for design service labor rates when

REQUEST FOR QUALIFICATIONS/REQUEST FOR PROPOSAL NO. 8427C.A

Design Build Services For

Mel Leong Treatment Plant Industrial Wastewater Treatment Plant At

San Francisco International Airport

ADDENDUM 1

Page 2 of 5 RFQ/RFP #8427C.A – Addendum 1 April 11, 2013

This Addendum is being issued to modify the requirements in the above-referenced Request for Qualifications (RFQ)/Request for Proposal (RFP) and to respond to questions and comments received regarding the RFQ/RFP. Please review the terms of the RFQ/RFP and this Addendum carefully. If there are any inconsistencies between the RFQ/RFP and the terms of this Addendum, then the terms of this Addendum shall prevail. Section references below are to the RFQ/RFP and are provided for convenience of reference only, and are not necessarily correct or complete. A. Modifications to RFQ/RFP:

1. RFQ/RFP is deleted in its entirety and replaced with revised RFQ/RFP attached to this addendum 1.

2. Section 00 42 53.02, Price Proposal Sheet is deleted in its entirety and replaced with revised Section 00 42 53.02 attached to this addendum 1.

B. Questions and Answers:

1. Q: Page 7 of 26 of the RFQ document, Item B2, states the contents of Envelope 2 should be one unbound copy; page 8 of 26, Item B7, says the contents of Envelopes 1 and 2 should be spiral bound. Page 7 of 26 of the RFQ document, Item B4, states the contents of Envelope 4 should be six bound copies; page 8 of 26, Item B7, says the contents of Envelopes 3, 4 and 5 should be unbound – please clarify.

A: This has been clarified – see revised RFQ/RFP in item A.1 above.

2. Q: Pg. 11 (f). “The successful proposer cannot self-perform construction, other than project management, supervision, administration, and clean-up tasks.” Please consider clarifying or changing this requirement to allow for the self-performance by the successful proposer of areas that they are qualified for and can therefore achieve efficiencies and cost savings (e.g. civil/site, concrete, mechanical, etc.).

A: In accordance with San Francisco Administrative Code, Section 6.61, Design Build, 92.5% of the contract must be competitively bid by the design/build contractor. The other 7.5% can be negotiated with a sub-contractor or self-performed.

3. Q: Pg. 12 (g). “The design builder shall not procure major equipment directly where that equipment is normally procured through trade subcontracts unless specifically authorized by the Airport.” Please consider allowing the design builder the option of providing/procuring major equipment directly. This allows for significant advantages to the Airport in terms of: reduction of a “double mark-up” on equipment; selection of equipment; the ability to expedite the purchase and delivery of major equipment;

Page 3: CITY AND COUNTY OF SAN FRANCISCO AIRPORT COMMISSIONmission.sfgov.org/OCA_BID_ATTACHMENTS/FA28747.pdf · 2013. 4. 11. · will be used as the basis for design service labor rates when

REQUEST FOR QUALIFICATIONS/REQUEST FOR PROPOSAL NO. 8427C.A

Design Build Services For

Mel Leong Treatment Plant Industrial Wastewater Treatment Plant At

San Francisco International Airport

ADDENDUM 1

Page 3 of 5 RFQ/RFP #8427C.A – Addendum 1 April 11, 2013

reduces cash-flow issues for the Airport; and puts the responsibility for protection of the equipment on the successful bidder (sole source responsibility).

A: The Airport will allow the design/build contractor to procure major equipment on this

project.

4. Q: Pg. 12 (k). “The lowest price proposal will receive one hundred percent (100%) of the points…”. Please clarify the sentence “Note: the design labor rate sheet will not be used in determining price proposal points.”

A: Refer to Section 00 42 53.01 – Price Proposal Instructions, Articles 1.01.E and 1.04: Section 00 42 53.03 is the Proposed Design Services Hourly Labor Rate Sheet which will be used as the basis for design service labor rates when additional and authorized design or professional services are contracted during the life of the design build Agreement. The Airport will utilize these rates to negotiate design or professional services on a lump sum basis.

This labor rate sheet is subject to negotiation prior to contract award and will only be

used during the life of the contract, when, and if, additional and authorized design or professional services are requested. The will form the professional services labor basis of any cost proposal requested by the Airport.

5. Q: Section 00 42 53.02 –PRICE PROPOSAL SHEET. Please consider changing the

scoring for the award of this project to include item (A) – Presumptive Direct Cost of Construction in the Price Proposal Total for Evaluation ($). This will have the effect of putting increased weight on the technical and qualifications sections of the proposal, and the ability of good design/ideas to save substantially more money than the design fee, with the net benefit to the Airport reducing the total project cost.

A: Revision made – see item A.2 above.

6. Q: RFQ/RFP Section I A.7 states “The design builder shall design the mechanical, electrical, plumbing, seismic/structural, and fire protection (MEPF) systems to design development level and prepare 100% complete technical specifications for the system to allow these trades to be competitively bid. The selected trade subcontractors will become the Engineers of Record for these systems and prepare construction documents for Airport review…”

RFQ/RFP Section III D.7.f states “The successful Proposer cannot self-perform construction, other than project management, supervision, administrative and clean-up tasks.

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REQUEST FOR QUALIFICATIONS/REQUEST FOR PROPOSAL NO. 8427C.A

Design Build Services For

Mel Leong Treatment Plant Industrial Wastewater Treatment Plant At

San Francisco International Airport

ADDENDUM 1

Page 4 of 5 RFQ/RFP #8427C.A – Addendum 1 April 11, 2013

These two clauses indicate that the Airport is looking for a Construction Manager for this project and not an Engineering General Contractor as the design builder. The majority of this project as described above would be subcontracted to design build subcontractors. This is more typical for commercial construction projects and not treatment plant work. Treatment plant contractors most often self-perform mechanical and structural work. In most cases, contract requirements specify a minimum self- perform percentage on engineering type projects. Please clarify your intent.

A: The Design Build contractor will bid out the construction trade work to three pre-

qualified bidders per the San Francisco Administration Code Section 6.61 after the design is complete. The only exception is the mechanical, electrical, plumbing and fire protection (MEPF) for the new building 908 and remodel of building 918 where the design/builder will bid to sub design/builders of those trades.

7. Q: RFQ/RFP Section III.C.6 states “If proposing as a joint venture, the project requirements must be met by the joint venture and not by each member of the joint venture.” Please clarify that this statement does not mean that the Joint Venture must have the prior project experience as the Joint Venture entity. We interpret this to apply to the member companies of the joint venture. As long as one member meets the requirements, the Joint Venture does.

A: Your interpretation is correct; as long as one member company of the joint venture

meets the requirements, the joint venture meets the requirements.

8. Q1: In Division 0, 00 22 17, page 1 state 15% LBE goal for design phase. However, Page 2 shows a breakdown of 7.7% MBE, 2.8% WBE, and 4.6% OBE which is 15.10%. In the RFP document, page 21, #2 Form 2B section C states “The good faith outreach form also is used to verify whether the proposer’s LBE participation meets or exceeds 20.25%.” Is this correct or based on above calculation of 15.10%, it would need to be 20.39% to qualify for the good faith outreach exception.

A1: The goal breakdown is based on 15% not 15.1% as the availability numbers show. In

order to qualify for the good faith outreach exception bidders must meet 35% of the 15% goal, which is 20.25%. Thus, bidders must have a 20.25% LBE goal in order to be exempt from doing the good faith outreach.

Q2: At the pre-proposal meeting, Kelly Dwyer handed out the contract information for

the CMD for the project. The percentages were different than the RFP. Please clarify. A2: See Item C.2 below and attached to this addendum 1. The LBE goals are: 23% goal

for construction and 15% goal for pre-construction/design.

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REQUEST FOR QUALIFICATIONS/REQUEST FOR PROPOSAL NO. 8427C.A

Design Build Services For

Mel Leong Treatment Plant Industrial Wastewater Treatment Plant At

San Francisco International Airport

ADDENDUM 1

Page 5 of 5 RFQ/RFP #8427C.A – Addendum 1 April 11, 2013

C. General: 1. Attached to this addendum 1 is the pre-proposal meeting sign-in sheet.

2. Attached to this addendum 1 is the corrected CMD handout from the pre-proposal

meeting.

3. Attached to this addendum 1 if the Office of Labor Standards Enforcement (OLSE) handouts: a) Pre-Bid and Pre-Construction Information, Labor Standards Requirements and b) Educational Presentations & Materials, Elation System Trainings for Electronic Certified Payroll

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Airport Commission of the

City and County of San Francisco

Request for Qualifications and Proposals No. 8427C.A

DESIGN-BUILD SERVICES For the

Mel Leong Treatment Plant Industrial Wastewater Treatment Plant

At the San Francisco International Airport

Date RFQ/RFP Issued: April 1, 2013, Monday Pre-Proposal Conference: April 9, 2013, Tuesday Deadline for Submission of Written Questions: April 17, 2013, Wednesday MQA/Proposals due: April 30, 2013, Tuesday Oral Interview: TBD

ADDENDUM 1

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AIR-590 (11-07) Page 2 of 26 Addendum 1

TABLE OF CONTENTS

I. INTRODUCTION, PROJECT MANAGER & KEY PERSONNEL SCHEDULE AND BUDGET ………………………………………..… 4

A. Introduction …………………………………………………………. 4 B. Project Manager and Key Personnel ……………………………….. 5 C. Selection Schedule ………………………………………………….. 6 D. Budget and Schedule…………………………………………………. 6 II. SCOPE OF WORK ……………………………………………………. 6 III. SUBMISSION REQUIREMENTS …………………………………… 6 A. Time and Place for Submission …………………………………….. 6 B. Format and Content of Proposal Package……………………………. 7 C. Content of Minimum Qualifications Application (MQA) ………….. 8 D. Content of Technical Proposal ……………………………………… 9 IV EVALUATION APPROACH AND CRITERIA …………………….. 13 A. Evaluation Process ………………………………………………... 13 B. Allocation of Points ………………………………………………….. 14 V. PRE-PROPOSAL CONFERENCE AND CONTRACT AWARD …. 14 A. Pre-proposal Conference ……………………………………………. 15 B. Contract Award ……………………………………………………… 15 VI. TERMS AND CONDITIONS FOR RECEIPT OF PROPOSALS …. 15 A. Errors and Omissions in RFP …………………………………. 15 B. Inquiries Regarding RFP ……………………………………… 15 C. Objections to RFP …………………………………………….. 15 D. Addenda to RFP ………………………………………………. 16 E. Term of Proposal …………………………………………………… 16 F. Revision of Response ………………………………………………. 16 G. Errors and Omissions in Responses ………………………………… 16 H. Financial Responsibility …………………………………………….. 16 I. Proposer’s Obligations under the Campaign Reform Ordinance …… 16 J. Sunshine Ordinance ………………………………………………… 17 K. Public Access to Meetings and Records ……………………………. 18 L. Reservations of Rights by the City …………………………………. 18 M. No Waiver …………………………………………………………... 18 N. Local Business Enterprise Goals and Outreach …………………….. 20 VII. CITY AND AIRPORT CONTRACT REQUIREMENTS ………….. 23 A. Standard Contract Provisions ………………………………………. 23 B. Non-Discrimination in Contracts and Benefits …………………….. 23 C. Minimum Compensation Ordinance (MCO) ………………………. 23

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AIR-590 (11-07) Page 3 of 26 Addendum 1

D. Health Care Accountability Ordinance (HCAO) ………………….. 23 E. First Source Hiring Program (FSHP) ………………………………. 24 F. Conflicts of Interest ………………………………………………… 24 G. Airport Intellectual Property ……………………………………….. 24 H. Labor Peace/Card Check Rule ……………………………………... 24 VIII. PROTEST PROCEDURES …………………………………………… 25 A. Protest of Non-Responsiveness Determination ……………………... 25 B. Protest of Establishment of Apparent Highest Ranked Proposer and Contract Award ………………………………………. 25 C. Delivery of Protests …………………………………………………. 25 APPENDICES: A. Minimum Qualifications Application (MQA) B. Standard Forms: Listing and internet addresses of Forms related to Taxpayer Identification

Number and Certification, to Business Tax Declaration, and to Chapters 12B and 12C C. Contract Monitoring Division Forms - Link D. Division 0 Documents E. Division 1 Specifications F. Division 40 Specifications G. Drawings H. Technical Memorandum 5 I. SFO Tenant Improvement Guide J. Reference Documents (J.1 through J.7) K. Project Labor Agreement

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AIR-590 (11-07) Page 4 of 26 Addendum 1

SECTION I INTRODUCTION, PROJECT MANAGER & KEY PERSONNEL, SCHEDULE, AND BUDGET

A. Introduction

1. The City and County of San Francisco, acting by and through its Airport Commission (“Commission”), is soliciting Statements of Qualifications (“SOQs”) and Technical Proposals (“Proposals”) from qualified Design build Contractors, teams, joint ventures, joint associations, or LLCs (hereinafter “Proposer,” “Team,” or “Design Builder”) to provide design-build services for the Mel Leong Treatment Plant, Industrial Wastewater Treatment Plant Project ("Project") at the San Francisco International Airport (“SFO" or the "Airport”). Proposers with relevant experience and qualifications for the scope of work set forth in Appendix E, Section 01 11 00, Summary of Work and Section 01 11 13, Scope of Work, of this Request for Qualifications (RFQ)/Request for Proposal (RFP) and meeting the minimum qualifications (MQA) set forth in Appendix A of this RFQ/RFP are encouraged to submit a Minimum Qualifications Application (“MQA”) and a Technical Proposal.

2. The DESIGN BUILDER is to design and build the Mel Leong Industrial Wastewater Treatment Plant (MLTP IWTP) Project. The Project base scope is design and construction of the replacement and rehabilitation of industrial wastewater treatment facilities (including equalization, primary and secondary treatment facilities), a new tertiary treatment plant (TTP), a new laboratory building (Building 908), remodel and roof replacement of the existing Building 918, a plant-wide security fence, replacement/rehabilitation of Pump Station F, and replacement of the drying beds. Included are landscape improvements, utilities infrastructure, foundations, superstructure, envelope, security, special systems, mechanical, electrical, plumbing, fire protection, fire alarm and telecommunications building systems, and Instrumentation and Controls (I&C) and Supervisory Control and Data Acquisition (SCADA) services.

3. Services include the design, preparation of design drawings and bid packages, and construction necessary for a complete, tested, commissioned, operable, reliable, and sustainable turn-key design-build facility to meet all of the requirements of the City and County of San Francisco at the San Francisco International Airport. Contractor is also responsible for the required demolition and recycling or discarding of the materials of the existing facilities including all hazardous material abatement and any site remediation.

4. Three (3) sustainability evaluation reports are also to be completed, including 1) a work plan defining the evaluation of the flow and quality of United Airline’s discharge to the IWTP, 2) a work plan defining the proposed implementation of a pilot program to test the discharge of IWTP DAF effluent to the Sequencing Batch Reactors, and 3) a report documenting the findings of an operational efficiency evaluation of the MLTP sanitary sewer and IWTP operations.

5. Also included is one additive item under the SWTP Improvements portion of the project. This includes Headworks improvements. This item is not to be included in the lump sum design fee.

6. Design builder shall produce schematic design documents, design development documents, 50% construction documents, and 100% "Issued for Permit" construction documents for Airport approval, and followed by 100% "Issued for Construction" construction documents. The design builder will be the Architect/Engineer (A/E) of Record for the Project. See Section 01 11 14, “Design Requirements."

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7. The design builder shall design the mechanical, electrical, plumbing, seismic/structural, and fire protection (MEPF) systems to the design development level and prepare 100% complete technical specifications for the systems to allow these trades to be competitively bid. The selected trade subcontractors will become the Engineers of Record for these systems and prepare construction documents for Airport review and approval and permits. See Section 01 11 14, “Design Requirements."

8. The design builder shall implement the Project using trade bid packages based on an accepted Project phasing plan that will be based on phasing constraints established by the Airport.

9. The design builder must plan and coordinate all construction activities with the Airport to ensure that construction does not impact Airport operations, passenger convenience or safety.

10. The design builder shall provide preconstruction and design services as defined in this RFQ/RFP and the Contract Documents including cost estimating, scheduling preparation of construction documents and bidding of trade packages.

11. This Project is subject to the Project Labor Agreement ("PLA") between the City and County of San Francisco, acting through its San Francisco Airport Commission and the signatories to the PLA, including contractors, subcontractors, Building and Construction Trades Council of San Mateo County, and signatory craft unions. A copy of the PLA is attached hereto as Appendix K.

12. Based upon qualifications and experience, the Commission seeks the best design builder to provide design-build services for the Project as described in the scope of services detailed in Part II of this RFP. The design builder shall have a current California “A” or “B” contractor’s license. Construction documents must be stamped by a California licensed Architect or Engineer in their respective disciplines and documents must be approved by the Airport Bureau of Inspection and Code Enforcement (BICE).

13. As used in this RFQ/RFP, the term “Proposer,” “Team,” or “Design Builder” refers to any entity submitting a response to this RFQ/RFP and may be comprised of any combination of a prime, joint venture, and individual team member firms. Also, “Prime” refers to the lead Proposer firm, and “team member” shall mean one of the individual firms who have joined with the Prime to become the Proposer or Team. Experience and qualifications shall be evaluated based on the combined experience and qualifications of the Proposer or Team.

B. Project Manager and Key Personnel

1. By submitting a Proposal and signing the cover letter described below, the Proposer affirms the following:

a) The Proposer agrees to commit and assign the Project Manager and all key personnel

identified in the Proposal. Those individuals identified in the Proposal are deemed the Proposers “team,” and the Proposer, after having been awarded the contract is the “design builder.” The successful Proposer is hereinafter referred to as the “design builder."

b) The Proposer acknowledges that if it is selected as the design builder, its selection was based,

in part, on the team the Proposer submitted in the response to this RFQ/RFP. Therefore, the Commission will not approve any requests for substitution of key personnel within nine (9) months of the date of the notice to proceed, except for extenuating circumstances (e.g., illness or departure from the design builder’s company). If any substitution of key personnel as

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AIR-590 (11-07) Page 6 of 26 Addendum 1

submitted with the Proposal is required, the design builder shall propose a replacement in writing to the Airport Project Manager for approval.

2. If necessary, and after following the appropriate procedure, the design builder shall replace any key personnel departing from the Project or departing from his/her assigned role in the Project with an individual of comparable experience on a non-temporary basis within thirty (30) calendar days of their departure. Failure to replace key personnel shall not relieve the design builder of its obligation for full performance of design-build services for this Project.

C. Selection Schedule

The anticipated schedule for selecting a qualified design builder is as follows:

RFQ/RFP Phase Date

RFQ/RFP is issued by the City: April 1, 2013, Monday

Pre-Proposal Conference: April 9, 2013, Tuesday, 10:00 AM

Deadline for submission of written questions or requests for clarification: April 17, 2013, Wednesday, 4:00 PM

Proposal Package due: April 30, 2013, Tuesday, 2:00 PM Oral Interviews: TBD

D. Budget and Schedule

The estimated direct construction cost for the Base Scope is Twenty Million Eight Hundred Thousand Dollars ($20,800,000). This number is used for evaluation purposes only. The duration of the base scope for Project substantial completion is seven hundred thirty (730) consecutive calendar days.

SECTION II

SCOPE OF WORK The scope of work is described in Section 01 11 00, “Summary of Work” and Section 01 11 13, “Scope of Work” (Appendix E) of this RFQ/RFP. The successful design builder will be responsible for signing an Agreement between the City and County of San Francisco in substantially the form of Section 00 52 00, “Agreement” found in Appendix D of this RFQ/RFP.

SECTION III

SUBMISSION REQUIREMENTS A. Time and Place for Submission

The Proposal Package must be received by 2:00 PM (PST), on Tuesday, April 30, 2013, at the following address: Mark Costanzo C/O Geri Rayca

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Jason Yuen Architecture & Engineering Building San Francisco International Airport 676 McDonnell Road San Francisco, CA 94128 Please be advised that U.S. Mail does not make deliveries to the above address. POSTMARKS WILL NOT BE CONSIDERED IN JUDGING TIMELINESS OF SUBMISSIONS. While not advised, MQAs and proposals could be mailed to the following P.O. Box address for general deliveries to the Airport: Mark Costanzo C/O Geri Rayca San Francisco International Airport Design and Construction Division P.O. Box 8097 San Francisco, CA 94128

PROPOSERS ARE ADVISED THAT DELIVERY OF MQAs AND PROPOSAL PACKAGES MAILED TO THE ABOVE ADDRESS MAY BE DELAYED BY INTERNAL HANDLING OF INCOMING MAIL AT SFO. PROPOSAL PACKAGES MAILED, THEREFORE, MAY NOT REACH THE PROJECT MANAGER BEFORE THE STIPULATED DEADLINE EVEN IF POSTMARKED WELL IN ADVANCE. NEITHER POSTMARKS NOR ARRIVAL AT THE AIRPORT WILL BE CONSIDERED IN JUDGING TIMELINESS. MQA’s/PROPOSALS MUST REACH THE PROJECT MANAGER AT THE AIRPORT BY THE TIME SPECIFIED IN THIS RFP.

B. Format and Content of Proposal Package The Proposal package is made up of six (6) envelopes listed in this subsection.

1. Envelope 1: Proposers shall submit one (1) spiral bound Minimum Qualification Application

(MQA) (Appendix A). The MQA shall be submitted for the prime design builder and one MQA for each subcontractor or subconsultant on the proposed team. MQA applications shall be placed in an envelope or box clearly marked “Minimum Qualification Application - Request for Qualifications/Proposal Contract 8427C.A, Mel Leong Treatment Plant, Industrial Wastewater Treatment Plant Project."

2. Envelope 2: One unbound (1) copy in a separate envelope of the required CMD forms (Appendix

C – CMD Attachment 2, Architecture, Engineering & Professional Services Contract in sealed envelope clearly marked "CMD DOCUMENTS for Request for Qualifications/Proposal Contract 8427C.A, Mel Leong Treatment Plant, Industrial Wastewater Treatment Plant Project."

3. Envelope 3: One unbound (1) copy in a separate envelope of the required Appendix D documents (see item III.D.8 below) clearly marked "Appendix D Forms for Request for Qualifications/Proposal Contract 8427C.A, Mel Leong Treatment Plant, Industrial Wastewater Treatment Plant Project."

4. Envelope 4: Proposers shall submit six (6) spiral bound copies of the Technical Proposal in an envelope or box clearly marked “Technical Proposal - Request for Qualifications/Proposal Contract 8427C.A, Mel Leong Treatment Plant, Industrial Wastewater Treatment Plant Project.”

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5. Envelope 5: Proposers shall submit two (2) unbound copies of the price proposal in a separate

envelope clearly marked “Price Proposal for Request for Qualifications/Proposal Contract 8427C.A, Mel Leong Treatment Plant, Industrial Wastewater Treatment Plant Project.”

6. Envelope 6: Submit one electronic version of the entire submittal including the MQA, Technical Proposal, Price Proposal, Appendix D documents (Section III.D.11) and CMD documentation on a single CD or USB flash drive. Put each section in an individual folder in the electronic submission.

7. Print Proposal double-sided to the maximum extent practical; spiral bind the contents of

Envelopes 1 and 42. Do not bind documents in Envelopes 2, 3, 4, and 5. Do not use any glued bindings.

8. For word processed documents, the Commission prefers that text be a justified, 10 point, serif font (e.g., Times New Roman, not Arial), and that pages have margins of at least 1” on all sides (excluding headers and footers). Provide a Table of Contents and tabs which follow the format of this RFQ/RFP.

9. Pages shall be no larger than letter size (8 ½ by 11 inches) or, if folded to that dimension, twice letter size (11 by 17 inches). Attachment pages shall also be no larger than letter size (8 ½ by 11 inches) or, if folded to that dimension, twice letter size (11 by 17 inches).

C. Content of the Minimum Qualifications Application (MQA)

Minimum Qualifications Application (MQA): Proposers shall complete and submit the MQA (Appendix A). The MQA has two (2) parts: one for contractor-related information and experience and another for designer-related information and experience. The MQA contains instructions for completing the MQA application. Each contractor and/or designer proposed on the Team must complete and submit an MQA application. Each member of the Team must achieve a passing score on the MQA in order for the Team to be eligible for further consideration.

1. Proposers and their participating team members must meet the minimum qualifications and

project experience requirements as stated in the MQA and this RFQ/RFP. 2. Proposers are required to submit a current California contractor’s class “A," or “B” license

number to be awarded this Contract.

3. Proposers are required to include specific design professionals on their team. For design professionals that are required to be licensed, a current California license shall be provided to be awarded this contract.

4. Any Proposer that does not demonstrate that it meets these minimum requirements by the

deadline for submittal of the Proposal will be considered non-responsive and will not be eligible for further consideration in the process.

5. If proposing as a joint venture, only the joint venture needs to complete the contractor’s portion

of the MQA. 6. If proposing as a joint venture, the project requirements must be met by the joint venture and not

by each member of the joint venture.

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D. Content of the Technical Proposal

The selected Proposer will be responsible for accomplishing all of the Work detailed in Section 01 11 00, “Summary of Work” and Section 01 11 13, “Scope of Work” (Appendix E) of this RFP necessary to implement the Project. Proposers must respond specifically to the items set forth below in the order specified; use tabs to help organize the proposal in the same format as this RFP. While all of the requested information must be submitted, it is recommended that the Technical Proposal be concise to limit the Proposer’s preparation effort. Do not include generic marketing materials.

1. Cover letter and Executive Summary (Maximum 3 Pages)

a. Provide a cover letter containing an introduction and executive summary of the Proposer’s

team. The executive summary portion of the letter should set forth the Proposer’s vision for delivering this Project and any comments or suggestions to the Airport for establishing coordination, synergy, and teamwork to run this Project wisely and efficiently. The letter must be signed by a person authorized by the Proposer to obligate the Proposer to perform the commitments contained in the Proposal. Submission of the letter will constitute a representation by the Proposer that the Proposer is willing and able to perform the commitments contained in the Proposal.

b. Indicate whether the lead Proposer is a single entity, partnership, or corporation. Describe the business structure of the Lead Proposer and the services available from the Lead Proposer relative to this Project. Identify the office location from which the Lead Proposer will work directly with the Commission.

c. Describe the business structure for each proposed team member firm and the services available from each proposed team member firm that are relevant to this Project. Identify the office location from which each proposed team member firm will work directly with the Commission.

d. Identify whether the Proposed team is a joint venture, or other legal entity recognized in the State of California. If the Proposer is a joint venture, provide a copy of the joint venture agreement.

e. Identify the name of the contact person, his or her title, telephone number, facsimile number, email address, and a brief description of his or her role on the Project. The contract person must be one of the Proposer's key personnel.

2. Design-builder’s Proposed Staffing Plan and Organization (Maximum 2 pages)

Provide a proposed staffing plan matrix and organization chart for the proposed Project team. Describe each position on the staffing plan and organization chart and include the duties and responsibilities for each position. Describe the reporting structure for the proposed Team.

3. Statement of Project Approach (Maximum 10 pages)

The selected Proposer will assume the responsibilities of design builder and must possess a full range of technical, construction and managerial disciplines and capabilities associated with design and construction of the Mel Leong Treatment Plant, Industrial Wastewater Treatment Plant Project. The selected Proposer must have successfully demonstrated its ability to provide design-

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build services on large, complex facilities projects comparable to this Project by providing the following:

a. A project matrix of the Proposer's relevant experience by using the scope of work set forth in

Section 01 11 00, “Summary of Work” and Section 01 11 13, “Scope of Work” (Appendix E) of this RFQ/RFP. The matrix should include either on-going and/or completed projects within the last seven (7) years. This matrix should also include the Proposers’ subconsultants’ relevant projects and be comprehensive. The matrix should also identify which subconsultant was responsible for each project.

b. Describe your understanding of the major issues involved in designing and building the Mel Leong Treatment Plant, Industrial Wastewater Treatment Plant Project, and how you would manage them.

c. Describe your approach to managing design and construction of the Project. The approach should discuss the following at a minimum:

1) Approach to project design and approach to obtaining and developing the design and

construction documents while incorporating Airport and Airline stakeholder input and design review without increasing costs and extending the completion schedule.

2) Approach to completing the design and construction of the Mel Leong Treatment Plant, Industrial Wastewater Treatment Plant Project in accordance with the Airport schedule taking into account the need to operate this portion of the Airport on a 24 hour per day, 7 day a week basis.

3) Approach to developing the design to 100% construction documents while incorporating

Airport input and design review comments without increasing costs.

4) Approach to coordination of design with adjoining projects.

5) Approach to maintaining scope, schedule and cost. Describe your approach to providing cost, and schedule management of construction in an operating facility. Provide an example schedule from a completed project, including modifications made during the project.

6) Approach to planning and executing a design build project.

7) Approach to developing, advertising, bidding and awarding trade bid packages.

8) Approach to coordination between trade bid packages.

9) Approach to physical coordination of the Work.

10) Approach to project communication and record keeping.

11) Approach to testing, project start-up, and commissioning building and airport systems.

12) Approach to meeting LBE goals.

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13) Approach to quality control of design and construction.

14) Discuss any other project approaches that set your Team apart and explain why your

Team should be selected for this design-build Project.

4. Schedule and Phasing Plan (Maximum 2 pages)

Prepare a 60-to-90 activity, preliminary Project schedule and phasing plan based on the information contained in this RFQ/RFP; see Section 00 54 39, “Contract Time and Liquidated Damages,” and Section 01 11 13, “Summary of Work” for information. Section 01 32 00, “Work Schedules and Reports” includes constraints which must be used in developing a preliminary phasing plan. Describe the relationship of each phase to other phases that are dependent on each other, the location of active work area(s) in each phase, the length of time of each phase and the total Project. Provide the schedule and phasing plan as part of the technical proposal.

5. Site Logistics Plan (Maximum 2 pages) Prepare a preliminary Site Logistics Plan which shows the location of construction barricades, access points, crane location(s), lay down areas and active work areas for each phase of the Project.

7. Price Proposal and Design Labor Rate Proposal Requirements

a. The City intends to award this contract to the Proposer that it considers will provide the best

overall value of design-build services. The City reserves the right to accept other than the lowest priced offer and to reject any proposals that are not responsive to this request. The Proposer shall submit its price proposal on Section 00 42 53.02, Price Proposal Sheet and its Design Services Rate Sheet on Section 00 42 53.03 both found in Appendix D of this RFQ/RFP. Instructions for completing the price proposal and design services rate sheet can be found in Section 00 42 53.01 of Appendix D.

b. The City reserves the right to reject any or all proposal prices and to waive any minor irregularity in a proposal price. In case of discrepancy between the sum of proposal price amounts and the total proposal price, the sum shall prevail. In the case of discrepancy between words and figures, the words shall prevail. In case of discrepancy between unit prices proposed and extensions thereof, unit prices shall prevail.

c. The City reserves the right to negotiate any or all proposal prices on specific line items and/or delete line items from the pricing spreadsheets (Section 00 42 53.02 and Section 00 42 53.03 in Appendix D).

d. The Proposer shall not utilize subcontractor default insurance (SDI) for any trade subcontractor work.

e. The Proposer shall not utilize a Contractor’s Controlled Insurance Program (CCIP) for any trade subcontractor work.

f. The successful Proposer cannot self-perform construction, other than project management, supervision, administrative and clean-up tasks.

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g. The design builder may shall not procure major equipment directly on this Project where that

equipment is normally procured through trade subcontracts unless specifically authorized by the Airport.

h. The Final Contract Price shall include all of the following: design fees (including the cost to

design alternates, general conditions (including mobilization), equipment costs, the direct cost of construction and overhead and profit (fee).

i. The Proposer is not required to submit a guaranteed maximum price (GMP) at the time of submission of its proposal. The design builder shall provide a GMP proposal once all Trade Bid Packages have been bid.

j. Technical proposals, price proposals and oral interviews will be scored as part of the evaluation process. The final highest ranked score will be determined by adding all of the points together (technical, oral, and price) to determine the apparent highest ranked Proposer. For example, a high technical proposal/oral interview score will be supplemented by low price proposal score and thus become a “highest ranked Proposal” score.

k. The lowest price proposal will receive one hundred percent (100%) of the points assigned to price proposal. Note: the design labor rate sheet will not be used in determining price proposal points. Remaining Proposers will receive a deduction of the percentage difference between their proposal price extension and the price extension of the lowest proposal. Example:

Proposer Rate Extension Percent Difference Percent of Points Awarded 1 $600,000 11.0% 89% 2 $560,000 3.4% 96.6% 3 $541,750 0.0% 100%

8. Execute and complete the following forms and sections provided in Appendix D and submit

in Envelope 5: a. Acknowledgment of Receipt of Addenda (Section 00 42 54) b. Contract Monitoring Division (CMD) Commitment Certification Form (Section 00 43 10)

c. Subcontractor/Subconsultant List (Section 00 43 36) d. Highest General Prevailing Rate Certification (Section 00 43 43) e. Certificate of Proposer Regarding Apprenticeship Training Program (Section 00 43 44) f. Non-collusion Affidavit (Section 00 45 19) g. Certificate of Proposer Regarding Nondiscrimination in Contracts and Benefits (Section 00

45 36) h. Certification of Proposer Regarding Debarment and Suspension (Section 00 45 14)

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i. Security Certificate (Section 00 45 86)

SECTION IV EVALUATION APPROACH AND CRITERIA

A. Evaluation Process

1. Evaluation of Proposal Packages will be a three-step process.

a. Step One:

1) Airport staff will screen Minimum Qualification Applications (Appendix A) to ensure that the Proposers meet the minimum required qualifications.

2) Airport staff will screen the CMD document submittal to ensure that all required documents have been submitted.

3) Airport staff will screen the Section III.D.8 documents to ensure that all required documents have been submitted and are completed.

4) Airport staff will download the electronic submission to ensure that all folders are included and populated with the documents.

5) Upon completion of this step in the process, non-responsive Proposers, if any, will be notified in writing and their technical proposals will not be submitted to the Evaluation Panel for review. The Technical Proposals of the pre-qualified Proposers will be distributed to the Evaluation Panel for review. Any non-responsive Proposers will have five-days to submit a protest in accordance with Article VIII of this RFQ/RFP.

b. Step Two: Technical Proposals from Proposers that meet all of the minimum qualification

requirements will be distributed to the Evaluation Panel for an independent technical evaluation. Following the evaluation of the written Technical Proposals, up to five (5) Proposers receiving the highest scores for the Technical Proposal may be invited to an oral interview. In the event of a tie for the fifth place position, the Airport may invite all tied proposals even if it results in more than five proposers being invited to interview.

c. Step Three: Airport staff will review and score the price proposals. Price proposal scores will

not be provided to the evaluation panel. The price proposal score will be added to the technical score and oral interview score provided by the evaluation panel in order to determine the final ranking of the proposals.

2. Evaluation Panel Review: The Commission will establish an Evaluation Panel to evaluate

technical Proposals. The Evaluation Panel will score the Technical Proposals taking into account thoroughness, demonstrated competence, and experience. This same Panel will evaluate oral presentations during the oral interview phase (if held) of the selection process. Members of the panel will be impartial, have technical knowledge and experience in the subject matter of the Project, and reflect the diversity of the City and County of San Francisco.

3. The Airport Commission requires that the Proposers demonstrate expertise in all Section 01 11

00, “Summary of Work” and Section 01 11 13, “Scope of Work” areas identified in this RFP.

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4. The Airport reserves the right to verify from any other available sources (including past

performance record at SFO), the information provided by the Proposer and to rely upon such information gathered during the verification process. The Airport reserves the right to adjust, increase, limit, suspend, or rescind any or all determination(s) based on subsequently learned information.

5. Airport reserves the right to select a design builder without conducting oral interviews.

Interviews, if held, will be conducted by the Evaluation Panel and will be one-hour in length. The Proposer will have 35 minutes for their opening statement and presentation and 10 minutes to provide a wrap-up; the Airport will have 15-minutes to ask questions during a question and answer period. The interview will consist of standard questions asked of each Proposer. The descriptions following are provided as a general guide to assist proposers in preparing for the interview:

a) Experience: Offer relevance of the team experience as demonstrated by types and complexity

of previous work presented and evidence of the expertise the team brings to SFO for design-build construction services.

b) Approach to Implementation: Present understanding of the key issues that may affect the Project and quality insight or conceptualization of issues relevant to the proposed tasks at hand.

c) Communication: Communicate with quality written and graphic materials and oral exposition that are clearly organized to represent the skills of the team.

d) Breadth: Present the depth of the team's technical expertise, showing that it has the capacity

to perform the anticipated scope of work and is structured for a comprehensive approach. e) Management: Present evidence that previous work was well managed, within budget, and on-

time. Present documentation of relevant problems and how they were resolved.

B. Allocation of Points

Allocation of Points: Each evaluation panel member will individually evaluate and assign rating points to the technical proposals and oral interview (if held) as follows below. All Evaluation Panel member scores for each Proposal and oral interview will be added to the price proposal score and together will create the overall Proposal score and determine the final ranking.

1. Cover Letter and Executive Summary Maximum of 6 points 2. Design-builders Staff & Key Personnel Qualifications and Experience Maximum of 30 points 6. Statement of Project Approach Maximum of 115 points 7. Statement of Design Approach Maximum of 20 points 8. Schedule and Phasing Plan Maximum of 20 points 9. Site Logistics Plan Maximum of 10 points 10 Price Proposal Maximum of 436 points 11. Oral Interview Maximum of 100 points

TOTAL POSSIBLE POINTS (with interviews) 737 Points

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SECTION V

PRE-PROPOSAL CONFERENCE AND CONTRACT AWARD

A. Pre-Proposal Conference

A pre-proposal conference will be held on Tuesday, April 9, 2013, starting at 10:00 AM at the San Francisco International Airport, Airport Commission/Singapore Building located at 710 N. McDonnell Road, 2nd Floor, Conference Room B, San Francisco, California 94128 to answer questions or requests for clarification on any items in the RFQ/RFP. A jobsite tour is planned after the pre-proposal conference. Personal Protective Equipment (PPE) is required for the jobsite tour – please provide your own PPE. All additional written questions must be received by Wednesday, April 17, 2013, at 4:00 PM, and written responses will be available as an addendum to this RFQ/RFP at the Airport’s website www.sfoconstruction.com.

B. Contract Award 1. Following the completion of the evaluation process and determination by Airport staff of the

highest ranked Proposer, Airport staff will issue a notice of ranking and will begin negotiations with the highest ranked Proposer. Upon successful contract negotiations, Airport staff will submit to the Commission for award the negotiated design-build contract. Once the contract is certified, Airport staff will issue a Notice to Proceed.

2. The selection of any Proposal shall not imply acceptance by the City of all terms of the Proposal,

which may be subject to further negotiations and approvals before the City may be legally bound thereby. If a satisfactory contract cannot be negotiated in a reasonable time, Design & Construction, in its sole discretion, may terminate negotiations with the highest ranked Proposer and begin contract negotiations with the next highest ranked Proposer.

VI. TERMS AND CONDITIONS FOR RECEIPT OF PROPOSALS

A. Errors and Omissions in RFQ/RFP

Proposers are responsible for reviewing all portions of this RFQ/RFP. Proposers are to promptly notify the Airport Project Manager, in writing via email, if the Proposer discovers any ambiguity, discrepancy, omission, or other error in the RFQ/RFP. Any such notification should be directed to the Airport Project Manager promptly after discovery, but in no event later than five (5) working days prior to the date for receipt of Proposals. Modifications and clarifications will be made by addenda as provided below.

B. Inquiries Regarding RFP

Inquiries regarding the RFQ/RFP and all oral notifications of the intent to request written modifications or clarifications of the RFQ/RFP must be directed via email to:

Mark Costanzo Airport Project Manager Email: [email protected]

C. Objections to RFP Terms

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Should a Proposer object on any ground to any provision or legal requirement set forth in this RFQ/RFP, the Proposer must, not more than ten calendar (10) days after the RFQ/RFP is issued, provide written notice to the Airport Project Manager setting forth with specificity the grounds for the objection. The failure of a Proposer to object in the manner set forth in this paragraph shall constitute a complete and irrevocable waiver of any such objection.

D. Addenda to RFP

Commission staff may modify the RFQ/RFP, prior to the response due date, by issuing written addenda, which will be posted on the San Francisco International Airport website www.sfoconstruction.com. Proposers shall be responsible for ensuring that its Proposal reflects any and all addenda issued by the Commission prior to the response due date regardless of when the response is submitted. Therefore, the Commission recommends that the Proposer check the San Francisco International Airport website before submitting its response to determine if the firm has downloaded all addenda.

E. Term of Proposal

Submission of a Proposal signifies that the proposed services and prices are valid for 120 calendar days from the Proposal due date and that the quoted experience and services are genuine and not the result of collusion or any other anti-competitive activity.

F. Revision of Response

1. Proposers may revise a response on Proposer’s own initiative at any time before the deadline for

submission of responses. The Proposer must submit the revised response in the same manner as the original. A revised response must be received on or before the response due date.

2. In no case will a statement of intent to submit a revised response, or commencement of a revision process, extend the response due date for any Proposer.

3. At any time during the RFQ/RFP evaluation process, the Commission may require a Proposer to

provide oral or written clarification of its response. The Commission reserves the right to make an award without further clarifications of responses received.

G. Errors and Omissions in Responses

Failure by the City to object to an error, omission, or deviation in the responses will in no way modify the RFQ/RFP or excuse the Proposer from full compliance with the specifications of the RFQ/RFP.

H. Financial Responsibility

The City accepts no financial responsibility for any costs incurred by a Proposer in responding to this RFQ/RFP. Submissions of the responses will become the property of the City and may be used by the City in any way deemed appropriate.

I. Proposer’s Obligations under the Campaign Reform Ordinance

Proposers must comply with Section 1.126 of the San Francisco Campaign and Governmental Conduct Code, which states:

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1. No person who contracts with the City and County of San Francisco for the rendition of personal services, for the furnishing of any material, supplies or equipment to the City, or for selling any land or building to the City, whenever such transaction would require approval by a City elective officer, or the board on which that City elective officer serves, shall make any contribution to such an officer, or candidates for such an office, or committee controlled by such officer or candidate at any time between commencement of negotiations and the later of either (i) the termination of negotiations for such contract, or (ii) three months have elapsed from the date the contract is approved by the City elective officer or the board on which that City elective officer serves.

2. If a Proposer is negotiating for a contract that must be approved by an elected local officer or the board on which that officer serves, during the negotiation period the Proposer is prohibited from making contributions to:

a) The officer’s re-election campaign

b) A candidate for that officer’s office c) A committee controlled by the officer or candidate.

3. The negotiation period begins with the first point of contact, either by telephone, in person, or in

writing, when a contractor approaches any city officer or employee about a particular contract, or a city officer or employee initiates communication with a potential contractor about a contract. The negotiation period ends when a contract is awarded or not awarded to the contractor. Examples of initial contacts include: (i) a Proposer contacts a city officer or employee to promote himself or herself as a candidate for a contract; and (ii) a city officer or employee contacts a contractor to propose that the contractor apply for a contract. Inquiries for information about a particular contract, requests for documents relating to a Request for Qualifications or Request for Proposal, and requests to be placed on a mailing list do not constitute negotiations.

4. Violation of Section 1.126 may result in the following criminal, civil, or administrative penalties:

a) Criminal: Any person who knowingly or willfully violates section 1.126 is subject to a fine of up to $5,000 and a jail term of not more than six months, or both.

b) Civil: Any person who intentionally or negligently violates section 1.126 may be held liable in a civil action brought by the civil prosecutor for an amount up to $5,000.

c) Administrative: Any person who intentionally or negligently violates section 1.126 may be

held liable in an administrative proceeding before the Ethics Commission held pursuant to the Charter for an amount up to $5,000 for each violation.

For further information, Proposers should contact the San Francisco Ethics Commission at (415) 581-2300.

J. Sunshine Ordinance

In accordance with San Francisco Administrative Code Section 67.24(e), contractors’ bids, responses to RFPs and all other records of communications between the City and persons or Proposers seeking contracts shall be open to inspection immediately after a contract has been awarded. Nothing in this

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provision requires the disclosure of a private person or organization’s net worth or other proprietary financial data submitted for qualification for a contract or other benefits until and unless that person or organization is awarded the contract or benefit. Information provided which is covered by this paragraph will be made available to the public upon request.

K. Public Access to Meetings and Records

If a Proposer is a non-profit entity that receives a cumulative total per year of at least $250,000 in City funds or City-administered funds and is a non-profit organization as defined in Chapter 12L of the S.F. Administrative Code, the Proposer must comply with Chapter 12L. The Proposer must include in its Proposal (i) a statement describing its efforts to comply with the Chapter 12L provisions regarding public access to Proposer’s meetings and records, and (ii) a summary of all complaints concerning the Proposer’s compliance with Chapter 12L that were filed with the City in the last two years and deemed by the City to be substantiated. The summary shall also describe the disposition of each complaint. If no such complaints were filed, the Proposer shall include a statement to that effect. Failure to comply with the reporting requirements of Chapter 12L or material misrepresentation in Proposer’s Chapter 12L submissions shall be grounds for rejection of the Proposal and/or termination of any subsequent Agreement reached on the basis of the RFP.

L. Reservations of Rights by the City

The issuance of this RFQ/RFP does not constitute an agreement by the City that any contract will actually be entered into by the City. The City expressly reserves the right at any time to do any or all of the following:

1. Waive or correct any defect or informality in any response, SOQ, proposal, or proposal

procedure;

2. Reject any or all MQAs or Proposals;

3. Reissue a Request for Qualifications and/or Request for Proposal;

4. Prior to submission deadline for Proposals, modify all or any portion of the selection procedures, including deadlines for accepting responses, the specifications or requirements for any materials, equipment or services to be provided under this RFP, or the requirements for contents or format of the MQAs and Proposals;

5. Procure any materials, equipment or services specified in this RFP by any other means; or

6. Determine that no project will be pursued. M. No Waiver

No waiver by the City of any provision of this RFQ/RFP shall be implied from any failure by the City to recognize or take action on account of any failure by a proposer to observe any provision of this RFP.

N. Local Business Enterprise Goals and Outreach

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The requirements of the Local Business Enterprise and Non-Discrimination in Contracting Ordinance set forth in Chapter 14B of the San Francisco Administrative Code as it now exists or as it may be amended in the future (collectively the “LBE Ordinance”) shall apply to this RFQ/RFP. Please note that the 14B program is now administered by the new Contract Monitoring Division (“CMD”) under the City Administrator’s Office. The LBE program remains the same, but is no longer under the jurisdiction of the Human Rights Commission. The new Contract Monitoring Division website is: http://sfgov.org/cmd . There you will find all forms and attachments as well as the LBE directory. If you have any questions regarding this change please contact the CMD contract administrator, Kelly Dwyer, 650-821-7723. There are two separate LBE goals for this project:

1. A 15% LBE subconsultant goal applies to the design phase of the project. CMD Attachment 2

sets the rules and regulations for architecture, engineering and professional service contracts.

2. A 23% LBE subcontractor goal applies to the construction phase of the project, post-award. CMD Attachment 7 sets for the rules and regulations for this type of design build contract.

DESIGN PHASE

1. LBE Subconsultant Participation Goal and Good Faith Requirements for the Design Phase

Only a. The LBE subconsultant goal for design portion of this project is 15% of the total value of

the design goods and/or services to be procured for this Project. The LBE subcontracting goal can only be met with CMD certified small or Micro-LBEs. Pursuant to Section 14B.9 of the Administrative Code, proposers are hereby advised that the subconsultant goal is based on data indicating availability of 7.7% Minority Business Enterprises (“MBE”), 2.8% Woman Business Enterprises (“WBE”) and 4.6% Other Business Enterprises (“OBE”) to perform subconsultant work on this Project. Proposers are further advised that they may not discriminate in the selection of subconsultants on the basis of race, gender, or other basis prohibited by law, and that they shall undertake all required good faith outreach steps in such a manner as to ensure that neither MBEs nor OBEs are unfairly or arbitrarily excluded from the required outreach.

b. SBA LBEs cannot be used for LBE subcontractor participation credit in any phase unless otherwise authorized in the Project-specific bid documents or request for proposals. A bidder/proposer must identify any small or Micro-LBE subcontractors that it will use during the design services phase in its bid or proposal as instructed below.

c. Each firm responding to this solicitation shall demonstrate in its response that it has used

good-faith outreach to select LBE subcontractors as set forth in San Francisco Administrative Code 14B.8 and 14B.9, and shall identify the particular LBE subcontractors solicited and selected to be used in performing the contract. For each LBE identified as a subcontractor, the response must specify the value of the participation as a percentage of the total value of the goods and/or services to be procured, the type of work to be performed, and such information as may reasonably be required to determine the responsiveness of the proposal. LBEs identified as subcontractors must be certified with the San Francisco Contract Monitoring Division at the time the proposal is submitted, and must be contacted by the proposer (prime

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contractor) prior to listing them as subcontractors in the proposal. Any proposal that does not meet the requirements of this paragraph will be non-responsive.

f. In addition to demonstrating that it will achieve the level of subconsultant participation required by the contract, a proposer shall also undertake and document in its submittal the good faith efforts required by Chapter 14B.8 (D)&(E) and CMD Attachment 2, Requirements for Architecture, Engineering and Professional Services Contracts. Please be advised that under the recently amended 14B Ordinance it is no longer sufficient to just meet the subconsultant goal. Under the amended 14B Ordinance: 1) The Prime Proposer must meet the subcontracting goal and must also submit CMD

Form 2B, the Good Faith Outreach Requirements Form, along with all supporting documentation. A proposer must achieve at least 80 points, as determined by CMD, to be deemed compliant with the “good faith outreach” requirements. Of particular importance, the Prime Proposer must advertise and contact the requisite number of subcontractors at least 10 days prior to proposal due date. In addition, there must be verification that initial contact has been made.

or 2) The Prime Proposer must exceed the project’s stated LBE participation goal by 35%. In

this case, to qualify for the good faith outreach exemption the prime contractor’s LBE participation must meet or exceed 20.25%. Note: A small or Micro-LBE Prime Proposer may count its own contract work toward the 35% good faith outreach exception. The Prime Proposer must complete section A of the CMD Form 2B-Good Faith Outreach Requirements.

g. Thus, pursuant to 14B.8 (B), if a proposer submits a proposal that demonstrates LBE participation that exceeds by 35% of the established LBE subcontracting participation goal for the project, the proposer will not be required to conduct good faith efforts or to file evidence of good faith efforts as required in Sections 14B.8 (D) & (E). A Small and/or Micro LBE prime proposer may count its participation towards meeting the good faith outreach exception set forth in 14B.8(B).

h. Proposals which fail to comply with the material requirements of San Francisco Administrative Code 14B.8 and 14B.9, CMD Attachment 2 and this RFP will be deemed non-responsive and will be rejected. During the term of the contract, any failure to comply with the level of LBE subcontractor participation specified in the contract shall be deemed a material breach of contract. Sub consulting goals can only be met with CMD-certified LBEs located in San Francisco.

FORMS TO BE SUBMITTED WITH PROPOSAL (in envelope 2) (For Design Phase Only)

1. Form 2A – Contract Participation Form

a. All prime bidders/proposer must submit Form 2A (from CMD Attachment 2) with their

proposals.

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b. The awarded design build prime in its Proposal shall submit all required CMD forms for the design services phase and identify on CMD Form 2A (from CMD Attachment 2) the certified small and Micro LBE subcontractors including their individual amount, scope of work, and the sum it represents as a percentage of the entire bid/contract amount, and such information as may reasonably be required to determine the responsiveness of the proposal. The total amount of all LBE subcontractors for the design phase will be fixed at the amount indicated on Form 2A.

2. Form 2B - Good Faith Outreach Form

a. The good faith outreach form along with the required supporting documentation must be submitted even if the goal has been met.

b. The good faith outreach form documents the points achieved by each proposer in order to be compliant with the good faith outreach requirements.

c. The good faith outreach form also is used to verify whether the proposer’s LBE participation

meets or exceeds 20.25%.

3. Form 3-CMD Non-Discrimination Affidavit

a. The non-discrimination affidavit verifies that the firm will comply with Chapter 14B of the Administrative Code and its Rules and Regulations.

b. Form 3 also acts as a verification as to the truthfulness of the proposer’s application.

4. CMD LBE Commitment Certification Form (Section 00 43 10)

5. The Proposer will additionally include in its proposal a fully executed CMD Form titled “CMD LBE Commitment Certification Form,” Section 00 43 10 which can be found in Appendix D to this RFP. By signing this form the Bidder agrees to meet the 15% design phase goal and the 23% construction phase goal.

6. Form 4 “CMD Joint Venture Form” - All Proposals submitted must include Form 4, CMD Joint Venture Form, found in CMD Attachment 2 [Appendix C] (if applicable.)

POST-AWARD

CONSTRUCTION PHASE-TRADE PACKAGES 1. LBE Subconsultant Participation Goal and Good Faith Requirements for Construction Services

Phase Only a. The LBE subconsultant goal for construction portion of this project is 23% of the total

value of the goods and/or services to be procured for this Project. The LBE subcontracting goal can only be met with CMD certified small or Micro-LBEs. Pursuant to Sec. 14B.9 of the Administrative Code, proposers are hereby advised that the subconsultant goal is based on data indicating availability of 11.5% Minority Business Enterprises (“MBE”), 1.8% Woman Business Enterprises (“WBE”) and 9.7% Other Business Enterprises (“OBE”) to perform subconsultant work on this Project. Proposers are further advised that they may not discriminate in the selection of subconsultants on the basis of race, gender, or other basis

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prohibited by law, and that they shall undertake all required good faith outreach steps in such a manner as to ensure that neither MBEs nor OBEs are unfairly or arbitrarily excluded from the required outreach.

b. During the construction services phase, the design builder will select trade subcontractors

through a pre-qualification and competitive bid process. As part of the trade package bidding process, the design builder will work with CMD to develop LBE subcontracting goals for each trade package so that the design builder can meet the LBE subcontracting goal set for the construction phase of the project. The awarded prime must submit schedules and plans to the CMD to show how the 23% goal will be met. Upon receipt of bids from trade package bidders, the CMD will evaluate whether or not the trade package low bidder has met the stated LBE goal. The CMD will make the final determination of responsiveness for each trade package.

c. After contract award, CMD will assign a subcontracting goal to each trade package during the construction phase so that the Proposer can fulfill its commitment to meet the construction phase goal of 23% LBE subconsultant/subcontracting goal established for the construction phase of the Project. For each trade package, the trade package bidder(s) will identify on CMD Form 2A/TP (from CMD Attachment 7) the certified small and Micro LBE construction-related services and equipment and material supply subcontractors that will be utilized in order to meet the subcontracting goal set for each trade package. Additionally, CMD will use the CMD Form 2A/TPs from each trade package to verify/monitor that the Proposer is in line to meet the percentage of the 23% subcontracting/subconsultant goal set for the construction phase of the Project. The CMD Form 2A/TP for each trade package must be reviewed and approved by CMD. At the time each trade package is due, the trade package bidder(s) will be required to submit the following forms from CMD Attachment 7: Form 2A/TP, Form 6TP, and Form 6A/TP.

d. Under Section 14B.19(C)(2) of the Administrative Code, the design build prime shall undertake the good faith outreach required by Section 14B.8(D) for all trade packages. The design build prime shall document its good faith outreach efforts for each trade package and shall, upon request, provide copies of such documentation to the CMD.

2. Certification Requirements Applicable to Both Design and Construction Phases

a. All small and Micro LBEs identified as subcontractors for the design services phase must be certified with the Contract Monitoring Division by the proposal due date, and must be contacted by the Proposer prior to listing them as Subcontractors in the proposal.

b. Additionally, all small and micro LBEs identified as subcontractors for each trade package

during the construction phase must be certified with the Contract Monitoring Division by the trade package due date, and must be contacted by the trade package bidder prior to listing them as Subcontractors in the bid. All small and micro LBE’s must also be certified in the discipline in which they are listed to perform.

3. Failure to Comply

Proposals which fail to comply with the material requirements of San Francisco Administrative Code 14B.8 and 14B.9, CMD Attachment 2 and CMD Attachment 7 and this RFQ/RFP may be deemed non-responsive and will be rejected. During the term of the contract, any failure to

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comply with the level of LBE subcontractor participation specified in the contract shall be deemed a material breach of contract.

4. LBE Bid Discount /Rating Bonus not applicable.

The bid discount/rating bonus for small or micro-LBEs or JVs does not apply for contracts estimated by the Contract Awarding Authority to exceed $10 million. The bid discount/rating bonus for SBA-LBEs does not apply for contracts estimated by the Contract Awarding Authority to exceed $20 million.

If you have any questions concerning the CMD Forms, you may call Kelly Dwyer, the Contract Monitoring Division Contract Compliance Officer for the Airport Commission at (650) 821-7723 or via email at [email protected].

SECTION VII

CITY AND AIRPORT CONTRACT REQUIREMENTS A. Standard Contract Provisions 1. The successful Proposer will be required to enter into a contract substantially in the form of the

Agreement, attached hereto as Section 00 52 00 contained in Appendix D of this RFP. Failure to timely execute the contract, or to furnish any and all insurance certificates and policy endorsement, surety bonds or other materials required in the contract, shall be deemed an abandonment of a contract offer. The City, in its sole discretion, may select another firm and may proceed against the original selectee for damages.

2. Proposers are urged to pay special attention to the requirements of Administrative Code Chapters

12B and 12C, Nondiscrimination in Contracts and Benefits; the Minimum Compensation Ordinance; the Health Care Accountability Ordinance; the First Source Hiring Program; and applicable conflict of interest laws, as set forth in paragraphs B, C, D, E and F below.

B. Nondiscrimination in Contracts and Benefits

The successful Proposer will be required to agree to comply fully with and be bound by the provisions of Chapters 12B and 12C of the San Francisco Administrative Code. Generally, Chapter 12B prohibits the City and County of San Francisco from entering into contracts or leases with any entity that discriminates in the provision of benefits between employees with domestic partners and employees with spouses, and/or between the domestic partners and spouses of employees. The Chapter 12C requires nondiscrimination in contracts in public accommodation. Additional information on Chapters 12B and 12C is available on the CMD’s website at: http://sfgsa.org/index.aspx?page=5356

C. Minimum Compensation Ordinance (MCO) 1. The successful Proposer will be required to agree to comply fully with and be bound by the

provisions of the Minimum Compensation Ordinance (MCO), as set forth in San Francisco Administrative Code Chapter 12P. Generally, this Ordinance requires contractors to provide employees covered by the Ordinance who do work funded under the contract with hourly gross compensation and paid and unpaid time off that meet certain minimum requirements.

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2. For the amount of hourly gross compensation currently required under the MCO, see www.sfgov.org/olse/mco. Note that this hourly rate may increase on January 1 of each year and that contractors will be required to pay any such increases to covered employees during the term of the contract.

D. Health Care Accountability Ordinance (HCAO)

The successful Proposer will be required to agree to comply fully with and be bound by the provisions of the Health Care Accountability Ordinance (HCAO), as set forth in San Francisco Administrative Code Chapter 12Q. Contractors should consult the San Francisco Administrative Code to determine their compliance obligations under this chapter. Additional information regarding the HCAO is available on the web at www.sfgov.org/olse/hcao.

E. First Source Hiring Program (FSHP)

If the contract is for more than $50,000, then the First Source Hiring Program (Admin. Code Chapter 83) may apply. Generally, this ordinance requires contractors to notify the First Source Hiring Program of available entry-level jobs and provide the Workforce Development System with the first opportunity to refer qualified individuals for employment. Contractors should consult the San Francisco Administrative Code to determine their compliance obligations under this chapter. Additional information regarding the FSHP is available on the web at http://www.workforcedevelopmentsf.org/jobseekerservices/index.php?option=com_content&view=article&id=63&Itemid=27 and from the Airport’s First Source Hiring Administrator, (650) 821-5244.

F. Conflicts of Interest 1. The successful Proposer will be required to agree to comply fully with and be bound by the

applicable provisions of state and local laws related to conflicts of interest, including Section 15.103 of the City's Charter, Article III, Chapter 2 of City’s Campaign and Governmental Conduct Code, and Section 87100 et seq. and Section 1090 et seq. of the Government Code of the State of California. The successful proposer will be required to acknowledge that it is familiar with these laws; certify that it does not know of any facts that constitute a violation of said provisions; and agree to immediately notify the City if it becomes aware of any such fact during the term of the Agreement.

2. Individuals who will perform work for the City on behalf of the successful Proposer might be

deemed consultants under state and local conflict of interest laws. If so, such individuals will be required to submit a Statement of Economic Interests, California Fair Political Practices Commission Form 700, to the City within ten calendar days of the City notifying the successful proposer that the City has selected the proposer.

G. Airport Intellectual Property

Pursuant to Resolution No. 01-0118, adopted by the Airport Commission on April 18, 2001, the Airport Commission affirmed that it will not tolerate the unauthorized use of its intellectual property, including the SFO logo, CADD designs, and copyrighted publications. All proposers, bidders, contractors, tenants, permittees, and others doing business with or at the Airport (including subcontractors and subtenants) may not use the Airport intellectual property, or any intellectual

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property confusingly similar to the Airport intellectual property, without the Airport Director’s prior consent.

H. Labor Peace / Card Check Rule

Without limiting the generality of other provisions herein requiring Contractor to comply with all Airport Rules, Contractor shall comply with the Airport’s Labor Peace/Card Check Rule, adopted on February 1, 2000, pursuant to Airport Commission Resolution No.00-0049 (the “Labor Peace/Card Check Rule”). Capitalized terms not defined in this provision are defined in the Labor Peace/Card Check Rule. To comply with the Labor Peace Card Check Rule, Contractor shall, among other actions: (a) Enter into a Labor Peace/Card Check Agreement with any Labor Organization which requests such an agreement and which has registered with the Airport Director or his/her designee, within thirty (30) days after the Labor Peace/Card Check Agreement has been requested; (b) Not less than thirty (30) days prior to the modification of this Agreement, Contractor shall provide notice by mail to any Labor Organization or federation of labor organizations which have registered with the Director or his/her designee (“registered labor organization”), that Contractor is seeking to modify or extend this Agreement; (c) Upon issuing any request for proposals, invitations to bid, or similar notice, or in any event not less than thirty (30) days prior to entering into any Subcontract, Contractor shall provide notice to all registered Labor Organizations that Contractor is seeking to enter into such Subcontract; and (d) Contractor shall include in any subcontract with a Subcontractor performing services pursuant to any covered Contract, a provision requiring the Subcontractor to comply with the requirements of the Labor/Peace/Card Check Rule. If Airport Director determines that Contractor shall have violated the Labor/Peace/Card Check Rule, Airport Director shall have the option to terminate this Agreement, in additional exercising all other remedies available to him / her.

SECTION VIII

PROTEST PROCEDURES A. Protest of Non-Responsiveness Determination

Within five (5) working days of the City's issuance of a notice of non-responsiveness, any Proposer that has submitted a response to this RFQ/RFP and believes that the City has incorrectly determined that its response is non-responsive may submit a written notice of protest. Such notice of protest must be received by the City on or before the fifth working day following the City's issuance of the notice of non-responsiveness. The notice of protest must include a written statement specifying in detail each and every one of the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the Proposer, and must cite the law, rule, local ordinance, procedure or RFQ/RFP provision on which the protest is based. In addition, the protestor must specify facts and evidence sufficient for the City to determine the validity of the protest.

B. Protest of Establishment of Apparent Highest Ranked Proposer and Contract Award

1. Within five (5) working days of the City's issuance of a notice of the highest ranked proposer, any

Proposer that has submitted a responsive response and believes that the City has incorrectly selected another Proposer for highest ranking or award may submit a written notice of protest. Such notice of protest must be received by the City on or before the fifth working day after the City's issuance of the highest ranked proposer or notice of intent to award.

2. The notice of protest must include a written statement specifying in detail each and every one of

the grounds asserted for the protest. The protest must be signed by an individual authorized to represent the Proposer and must cite the law, rule, local ordinance, procedure or RFP provision on

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which the protest is based. In addition, the protestor must specify facts and evidence sufficient for the City to determine the validity of the protest.

C. Delivery of Protests

All protests must be received by the due dates specified above. If a protest is mailed, the protestor bears the risk of non-delivery within the deadlines specified herein. Protests should be transmitted by a means that will objectively establish the date the City received the protest. Protests or notice of protests made orally (e.g., by telephone) will not be considered. Protests must be mailed or faxed to:

Ivar Satero Deputy Airport Director San Francisco International Airport Airport Development & Technology Division P.O. Box 8097 San Francisco, CA 94128 FAX: (650) 821-7799

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Pre-Proposal Meeting Attendance Roster Date of Meeting: April 9, 2013 Time: 10:00 a.m. Subject: Airport Contract 8427C.A

DESIGN BUILD SERVICES FOR MEL LEONG TREATMENT PLANT INDUSTRIAL WASTEWATER TREATMENT PLANT

PLEASE LEAVE A BUSINESS CARD WITH GERI

Page 1 of 3

NAME COMPANY NAME Prime or Sub (Insert P or S)

Certified LBE (Insert Y or N)

Certified Micro-LBE (Insert Y or N)

PHONE EMAIL

Mark Costanzo SFO – AD&T N/A N/A N/A (650) 821-7809 [email protected]

Geri Rayca SFO – AD&T N/A N/A N/A (650) 821-5317 [email protected]

Victor Madrigal SFO – AD&T N/A N/A N/A 650-821-5324 [email protected]

Kelly Dwyer SF - CMD N/A N/A N/A (650) 821-7723 [email protected]

Lisa Randall SFO – CAU N/A N/A N/A (650) 821-2012 [email protected]

Christina Chiong SFO – CAU N/A N/A N/A 650-821-2030 [email protected]

Bill Wong SFO – Employment Quality Standards N/A N/A N/A 650-821-1005 [email protected]

Brian Ciappara City & County of San Francisco N/A N/A N/A 650-583-8353 [email protected]

Shirley Trevino OLSE N/A N/A N/A 415-534-6277 [email protected]

Summer Bundy CH2M Hill N/A N/A N/A 415-894-2242 [email protected]

Natalie Alavi NBA Engineering N/A N/A N/A 415-202-9840 [email protected]

Bahram Khamenehpour AGS Sub Yes Yes 415-777-2166 x 21 [email protected]

Mike Burns Anderson Pacific Engineering Construction, Inc.

Prime No 408-970-9900 [email protected] [email protected]

Kenn Conner Brown and Caldwell Prime No No 925-705-5320 [email protected]

Matthew Gerhardt Brown and Caldwell Prime No No 925-210-2275 [email protected]

Norm Settle Brown and Caldwell Prime No No 925-210-2401 [email protected]

Jill Teplin Brown and Caldwell Prime No No 415-806-4534 [email protected]

Jim Hagstrom Carollo Sub 415-238-5157 [email protected]

Jean-Marc Petit Carollo Sub 415-238-5157 [email protected]

Ken Brown Fast Wrap Sub No No 916-943-8115 [email protected]

Jim Howard Fast Wrap Sub No No 510-501-9223 [email protected]

Jeff Wells Flatiron West Prime No No 707-742-6000 [email protected]

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Pre-Proposal Meeting Attendance Roster Date of Meeting: April 9, 2013 Time: 10:00 a.m. Subject: Airport Contract 8427C.A

DESIGN BUILD SERVICES FOR MEL LEONG TREATMENT PLANT INDUSTRIAL WASTEWATER TREATMENT PLANT

PLEASE LEAVE A BUSINESS CARD WITH GERI

Page 2 of 3

NAME COMPANY NAME Prime or Sub (Insert P or S)

Certified LBE (Insert Y or N)

Certified Micro-LBE (Insert Y or N)

PHONE EMAIL

W. Andrew Herlache Fugro Consultants, Inc. Sub 510-267-4422 [email protected]

Michael Wong Kennedy/Jenks Consultants Sub Yes 415-243-2150 [email protected]

Joe Lawrence W. M. Lyles Co. Prime No No 916-375-1833 [email protected]

James Hackenkamp Monterey Mechanical Prime No No 510-632-3173 [email protected]

James Troup Monterey Mechanical Prime No No 510-632-3173 [email protected]

Steve Haslam Mountain Cascade, Inc. Prime No No 925-373-8370 [email protected]

Jeffrey McGraw MWA Architects Sub 415-957-2750 [email protected]

Greg Robley MWA Architects Sub 415-957-2750 [email protected]

Martha Castaneda C. Overaa & Co. Prime No No 510-234-0926 [email protected]

Nick Kebbas C. Overaa & Co. Prime No No 510-234-0926 [email protected]

Carl Overaa C. Overaa & Co. Prime No 510-234-0926 [email protected]

Rich Pappas C. Overaa & Co. Prime No No 510-234-0926 [email protected]

John Rodriguez PCL Construction, Inc. Prime No No 480-829-6333 [email protected]

Jimmy Duffy Ranger Pipelines, Inc. Prime No No 415-822-3700 [email protected]

William Johnson III Shimmick Construction Prime 510-777-5000 [email protected]

Steven Beck Stantec Consulting Prime 916-773-8100 [email protected]

Scott Mattson Synergy Project Management, Inc. Prime Yes 925-222-9983 [email protected]

Javad Mirsaidi Synergy Project Management, Inc. Both Yes 415-467-3000 [email protected]

Stephen Chan Telamon Engineering Consultants, Inc. Sub Yes Yes 415-837-1336 [email protected]

Trisha Marie Marco Telamon Engineering Consultants, Inc. Sub Yes Yes 415-837-1336 [email protected]

Nicole Franklin Turner Construction Company Prime No No 510-381-6019 [email protected]

Gregory Ow URS Corporation Sub 415-281-2618 [email protected]

Joseph Kim USS Cal Builders 468-505-5639 [email protected] [email protected]

John Reynolds Webcor Prime No No 415-278-2024 [email protected]

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Pre-Proposal Meeting Attendance Roster Date of Meeting: April 9, 2013 Time: 10:00 a.m. Subject: Airport Contract 8427C.A

DESIGN BUILD SERVICES FOR MEL LEONG TREATMENT PLANT INDUSTRIAL WASTEWATER TREATMENT PLANT

PLEASE LEAVE A BUSINESS CARD WITH GERI

Page 3 of 3

NAME COMPANY NAME Prime or Sub (Insert P or S)

Certified LBE (Insert Y or N)

Certified Micro-LBE (Insert Y or N)

PHONE EMAIL

Frank Lammar Westech Roofing Inc. Sub No No 415-342-9061 [email protected]

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City & County of San Francisco Contract No. 8427C.A

MLTP IWTP Project 00 42 53.02 - Page 1 of 1 Price Proposal Sheet Issued for Proposal - April 1, 2013

Issued for Addendum 1

SECTION 00 42 53.02 PRICE PROPOSAL SHEET

PROPOSER: DATE: Item Proposal Formula

(A) Presumptive Direct Cost of Construction $20,800,000.00 (B) Overhead and Profit (%) % (C) Overhead and Profit ($)

(A) X (B)

(D) Lump Sum Design Services Fee ($) (E) Lump Sum General Conditions ($)

(F) Price Proposal Total for Evaluation ($)

(A) + (C) + (D) + (E)

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Edwin M. Lee, Mayor Naomi M. Kelly, City Administrator

Maria Cordero, Director

30 Van Ness Avenue, Suite 200, San Francisco, CA 94102 Telephone (415) 581-2310; Fax (415) 581-2351

OFFICE OF THE CITY ADMINISTRATOR

CONTRACT MONITORING DIVISION

8427C.A-Design Build Wastewater Treatment Plant Pre-Bid Meeting

April 9, 2013

Contact Information

o Kelly Dwyer, Human Rights Commission, (650) 821-7723 o I strongly encourage prime proposers for this project to contact me if you

have any questions regarding any of the HRC requirements or forms. HRC Attachment 7.

o Please read Attachment 7 carefully. Chapter 14B requirements are included in Attachment 7, which can be found:

Contract Monitoring Division’s (CMD) website: http://sfgsa.org/index.aspx?page=5356 HRC Forms and Attachments: Click on HRC Forms and Attachments for Prime Bidding on City Contracts or http://sfgsa.org/index.aspx?page=5365 HRC Directory of Certified LBE’s

• Click on “Search Our Online Directory for Certified Firms” or http://sfgsa.org/index.aspx?page=5368, to search for Small and Micro LBE’s

• Then click “Option A” to search for Small or Micro LBE’s • Do not use “PUC-LBE’s” or “SBA-LBE’s” to meet the goal • Next, search by vendor criteria to find the category of subcontractors

you require and confirm their certification.

LBE Rating Bonus- Not Applicable

o The bid discount/rating bonus for small or micro LBE’s or JV’s does not apply for contracts estimated by the Contract Awarding Authority to exceed $10 million. The bid discount/rating bonus for SBA-LBE’s does not apply for contracts estimated by the Contract Awarding Authority to exceed $20 million

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LBE Subcontracting Goal

o There are 2 separate overall LBE subcontracting goals. One is for construction which is 23% of the total value of the goods and/or services to be procured. For professional services the goal is 15% LBE of the professional design fee. The stated goal can only be met with HRC certified Small or Micro-LBEs. If the pre-construction goals are not met on the 2A form then the proposer will be deemed non-responsive.

Form 2A for Pre-Construction Phase (15%)

o Due to the extended time anticipated between the submission of the Proposal and the bidding of the various construction bid packages, the bidder/proposer in its Proposal shall submit all required HRC forms for the Pre-Construction Services phase and identify on HRC Form 2A, the certified Small and Micro LBE subcontractors including their individual amount, scope of work, and the sum it represents as a percentage of the entire bid/contract amount, and such information as may reasonably be required to determine the responsiveness of the proposal. The total amount of all LBE subcontractors for the Pre-Construction Services phase will be fixed at the amount indicated on Form 2A.

Construction Phase (23%)

o During the construction services phase, the bidder/proposer will select trade contractors through a pre-qualification and competitive bid process. As part of the trade package bidding process, the Design Build Prime will work with CMD to develop LBE subcontracting goals for each trade package so that the Design Build Prime can meet the overall LBE subcontracting goal set for the Project. Upon receipt of bids from trade package bidders, the CMD will evaluate whether or not the trade package low bidder has met the stated LBE goal.

o Forms required for the construction phase are not due until after the award and are listed below.

LBE Certification o All Small and Micro LBEs identified as subcontractors for the Pre-

Construction Services phase must be certified with CMD by the bid/proposal due date, and must be contacted by bidder/proposer prior to listing them as subcontractors in the bid/proposal. Bidders/Proposers are responsible for verifying the LBE status of a subcontractor or supplier immediately prior to submitting a bid or proposal.

o The CMD will not honor firms who are “pending” certification or have not renewed their certification. Primes must check that the firms listed are

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currently certified and certified in the discipline they are listed to perform.

o SBA LBEs cannot be used for LBE subcontractor participation credit in either phase unless otherwise authorized in the Project-specific bid documents or request for proposals.

o If you are interested in becoming certified for this project, you must get in touch with our certification unit as soon as possible. Let the certification unit know you are bidding on a project (including the proposal due date) and they will try to get you certified quickly, provided a reasonable amount of time and that all supporting documentation are submitted. However, please be aware that CMD may not able to complete the certification of new firms by the proposal due date.

Good Faith Outreach

o Under Section 14B.19(C)(2) of the Administrative Code, the design build prime shall undertake the good faith outreach required by Section 14B.8(D) for all trade packages. The prime proposer shall document its good faith outreach efforts for each trade package and shall, upon request, proved copies of such documentation to the CMD.

Other Requirements

o Bids which fail to comply with the material requirements of San Francisco Administrative Code 14B.8 and 14B.9, HRC Attachment 7, Requirements for Integrated Project Delivery Construction, and this RFP may be deemed non-responsive and may be rejected. During the term of the contract, any failure to comply with the level of LBE subconsultant/subcontractor participation specified in the contract shall be deemed a material breach of contract.

CMD Forms to be Submitted with Proposal

• Form 2A/TP - HRC Contract Participation • Form 2A/TP ALT-HRC Contract Participation Form/Trade Package

(Alternate Work • Form 3 – HRC Non-Discrimination Affidavit

*If these forms are not returned with the proposal, the proposal may be determined to be non-responsive and may be rejected.

CMD Forms to be Submitted After Award • Form 6/TP-HRC LBE Subcontractor Participation Affidavit/Trade

Package • Form 6A/TP-HRC LBE Trucking Form/Trade Package • Form 7-HRC Progress Payment Form • Form 9-HRC Payment Affidavit • Form 8-HRC Exit Report and Affidavit • Form 10-HRC Contract Modification Form

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