Minutes -Pre-Proposal Conference RFP PS84203243 MINUTES OF THE PRE-PROPOSAL CONFERENCE RFP NO. PS84203243– SUSTAINABILITY PROGRAM ASSISTANCE SERVICES OCTOBER 1, 2014 9:30AM TO 10:30AM

RFP No. PS84203243/T:mw 1

MINUTES OF THE PRE-PROPOSAL CONFERENCERFP NO. PS84203243– SUSTAINABILITY PROGRAM ASSISTANCE SERVICES

OCTOBER 1, 20149:30AM TO 10:30AM

To: All Pre-Proposal Attendees and Plan Holders

The meeting began at 9:30 a.m. and adjourned approximately one hour later.

I. PROCUREMENT

Good Morning and welcome to the Pre-Proposal Conference for RFP No. PS84203243,SUSTAINABILITY PROGRAM ASSISTANCE SERVICES.

My name is Alan Leung. I am a Contract Administration Consultant with Metro’s ProcurementDepartment and I am responsible for this solicitation.

This Pre-Proposal Conference will consist of two parts:• First, an information session in which Metro personnel will summarize the major features

of this RFP package• Second, a question and answer session.

Please note that, due to Organizational Conflict of Interest issues that will arise from participationon the awarded Contract, the successful Consultant and subconsultants for RFP PS84203243 will beunable to participate on any other Metro procurements released during the performance of this Contractand that this restriction will continue for one year after all work under Contract PS84203243 has beencomplete.

I ask that you hold all questions you may have until the question and answer session. Allquestions must be submitted in writing using the form provided. For all verbal questions, please waituntil the microphone is handed to you. Any questions that we are not able to answer today, for whateverreason, will be answered later, and the answer provided in writing to all attendees and planholders.

Any other questions regarding the proposal documents must be received by me, in writing, nolater than ten (10) working days prior to the scheduled Proposal due date, to provide Metro sufficient timeto respond, and provide the responses to all planholders. Metro strongly suggests that you formalize yourquestions as soon as possible.

NOTHING SAID HERE TODAY SHOULD BE CONSTRUED AS CHANGING THE RFPDOCUMENTS. ONLY A WRITTEN AMENDMENT ISSUED BY METRO CAN CHANGE THERFP DOCUMENTS, OR WILL BE CONSIDERED BINDING.

If there are any firms here today that have not obtained or reviewed a set of the RFP Documents,they are available for download on the Metro website.

Metro will send out copies of any Amendments only to firms that have obtained a set of the RFPDocuments.


INSTRUCTIONS TO PROPOSERS

An original and 4 copies of all proposals must be submitted in a sealed package and delivered byhand or mail. Please note that although every Proposal will be evaluated against all Phases and Optionsdetailed in the Proposal Documents, Proposers shall submit, under separate cover, one (1) original CostProposal for only the following portions of work:

• Base Year 1 Services;• Base Year 2 Services;• Base Year 3 Services;• Option Year 1 Services;• Option Year 2 Services

See Section 1.3 of Submittal Requirements for additional information regarding the Cost ProposalContent requirements.

Proposals shall be received by Metro at the address shown in the Request for Proposal Letter, upto the date and time indicated. As mentioned, Metro will evaluate each proposal per the requirements inthe Proposal documents for all Phases and Options in the Technical Scope of Services.

II. RISK MANAGEMENT

The following insurance requirements have been established in support of Sustainability ProgramAssistant Services. Note that this is an overview of your requirements and all Proposers are encouraged toconsult with their in-house risk professionals and insurance brokers to ensure clarity and complianceability as you prepare your proposals.

Throughout the term of the contract the Contractor will be required to provide CommercialGeneral Liability, Commercial Auto Liability, Workers’ Compensation and Professional Liability.

Commercial General Liability

The Commercial General Liability is in the amount of $1 Million per occurrence. The policy, asstated in your documents is to afford products completed operations coverage and various protectionsincluding blanket contractual.

Commercial Auto Liability

Commercial Auto coverage is to be afforded in the amount of $1 Million Dollars combined singlelimit and shall cover all owned leased and hired automobiles. Coverage is to be maintained until finalacceptance of the project and throughout the maintenance period.

Workers’ Compensation

Workers’ Compensation shall meet the statutory requirements of the State of California. Inaddition, employer’s liability in the amounts of $1 Million Dollars for accidents and/or disease is to beafforded by the policy.


Professional Liability

Professional Liability to protect against errors and omissions is required in the amount on $2million and is to be evidenced to LACMTA for two (2) years after the work has been completed.

General Requirements

LACTMA and related entities are to be named as additional insured per the language contained inyour documents.

Waiver of Subrogation is to be afforded in favor of LACMTA and any related entities as requiredby contract for Workers’ Compensation coverage.

Any deductibles in excess of $25k are to be declared to and approved by LACMTA. In additionthe contractor is responsible for all deductibles related to the project. All insurance carriers are to be A.M.Best rated A-VII or better.

LACMTA reserves the right to request copies of all policies. In any event the contractor mustsubmit copies of any binders and/or certificates evidencing the aforementioned requirements prior to thecommencement of any work.

Subcontractors

The contractor is solely responsible to ensure that all subcontractors are appropriately insured. Inany event where the subcontractors is not covered by the program of insurance provided by thecontractor, the contractor is responsible for the establishment of coverage limits for subcontractors andany deficiencies resulting from insufficient coverage.

Conclusion

As stated earlier, this is an overview of the insurance coverage required in support ofSustainability Program Assistant Services. In order to fully ensure compliance with the terms andconditions of this agreement a careful review by your in-house risk staff and consultations with yourinsurance broker will ensure compliance.

It is inappropriate to contact Risk Management directly, however any and all inquiries forwardedto Mr. Leung will be responded to.

Thank you for your attention and good luck to all participants.

III. ETHICS

Hello, my name is Eric Geier. I’m in the Ethics Department here at Metro.

We have strict rules regarding communication between Metro and prospective contractors duringthe procurement period, which can be summed up in one sentence: Don’t talk to anyone at Metro otherthan the Contract Administrator concerning this procurement during the evaluation phase. The ContractAdministrator for this procurement is Alan, and nobody knows more about this project than he does.

The purpose of directing all communication through the Contract Administrator is twofold: itallows us to ensure that all information on this procurement comes from a single source, which is


important to ensuring that all bids are evaluated in a fair and neutral manner. Further, directing allcommunication through the Contract Administrator will help keep your bid competitive. Whileconventional wisdom may suggest that you, or your attorney, or your lobbyist, or any other person youmay know may call a board member concerning this contract, don’t do it. Doing so could actually getyour bid disqualified. In fact, talking to anyone here at Metro other than the Contract Administrator canget your bid disqualified.

Of course, there are exceptions to this rule:

You may contact the pre-qualification department about completing the forms in your packet thatthey require.

You may contact the Diversity and Economic Opportunity Department with any questions aboutwhether your company satisfies their requirements.

You may contact the Ethics department with any questions about lobbying.

State law requires that Metro maintain a Lobby Registration Program, requiring all lobbyists,lobbying firms, and lobbyist employers to register with Metro prior to any lobbying contact with BoardMembers, alternates, or staff. While most people don’t consider themselves lobbyists, Metro defines aLobbyist as any person who receives compensation other than reimbursement for reasonable travelexpenses to influence any Metro action. Regardless of your job title or job description, if part of your jobduties is to communicate with Metro officials to influence a Metro decision or action, you could beconsidered a lobbyist, and would have to register prior to this communication.

If you lobby Metro without being a registered lobbyist, under State law Metro cannot award youthe contract. Therefore, since the definition of lobbying is very broad, the safest approach is to registerwith Metro as a lobbyist. You may register online at the Metro website and clicking on the lobbyregistration link. There is a small fee associated with registration.

Please, do not spend your money on gifts for Alan, for any of the board members, or any Metrostaff member. Don’t buy them tickets to a game or show, don’t buy them dinner, don’t even buy them acoke. Metro staff and board members will not accept such gifts, and more importantly, making the offercould result in your disqualification from the procurement process.

You’ll notice on our website a list of our board of directors, most of which are local electedofficials. State law requires that those seeking to do business with Metro not make campaigncontributions to Metro Board Members. This prohibition extends to you, your family, employees of yourcompany, and their families. Further, if you have given a campaign contribution to a Metro BoardMember within the last four years, now is not the time to call in a favor. Metro rules forbid any boardmember from voting on any contract decision which affects any campaign donor from the past four years.

Do not make offers of employment to Metro employees associated with the selection of a bidderduring the procurement process. Many Metro employees are under a one or three year prohibition fromcertain employment, and perhaps more importantly, such offers could result in the disqualification of yourbid.

Now if you decide to move forward and bid on this procurement, you will have to fill out anEthics Declaration Form. I can’t stress how important it is that when doing so, you provide fulldisclosure. Don’t think that just because you disclose that you made a campaign contribution to a Boardmember that you will not be awarded the contract. To the contrary, failing to do so can be problematic,because if it was a lawful contribution when it was made, it won’t have a disqualifying affect. Just behonest; it makes the procurement process smoother and easier for all parties involved.


Finally, I want to thank everyone for participating in the procurement process. Your participationand respect for the procurement process is integral to fulfilling the mission of Metro, because a fair andcompetitive procurement process helps ensure that our tax dollars are being spent effectively andefficiently, to make Los Angeles a better place. Thank you again, and if we can be of any help to you asfar as ethics questions, lobbying, or lobbyist registration, please feel free to contact me at (213) 922-2979,or via email at [email protected]

IV. PRE-QUALIFICATION

MTA’s pre-qualification process is required by Metro’s Ordnance and has been in place here atthe MTA since July 1997.

(1) The Pre-Qual application is included in the solicitation package to get all of the informationout to you in one neat package. Please pull the application form this package, and once completed submitthe original application (no copies) directly to the pre-qualification office.

(2) Pre-qualification uses the information gathered in the application and from public databases toensure that the firms we do business with are financially responsible and trustworthy.

(3) All information submitted in connection with the pre-qualification application is consideredconfidential and not part of the public information act. We do not release information to anyone outside ofthe department.

To safeguard your firm’s information:

Please do not put your pre-qualification documentation in with your bid/proposal or pricingpaperwork. Although we try our best to review all bids/proposals, we cannot guarantee protection frompublic disclosure if the application is submitted in the bid/proposal.

When possible, applications and supplemental documents may be sent electronically via e-mail,however, the original certification page with the appropriate signature and notary seal must be mailed.Most asked questions

Who must submit a pre-qualification application?

All prime contractors and first tier subcontractors whose portion of work is expected to exceed$100,000 must complete the pre-qual process before the recommendation for the award can be made.Due Dates

The prime contractor’s application is due the same day as the bid/proposal is due which currentlyis 10/31/2014 . However, should that date be extended, pre-qualification due date is also extended tothe new date.

Sub Contractor Applications

Once the bid/proposals have been reviewed and the low bid / responsive responsible proposer hasbeen identified, the Contract Administrator will email the prime contractor requesting you have your SubContractor submit their applications directly to the pre-qualification office within 72 hours of notification.


If your firm is already pre-qualified are you required to do anything else?

Firms are pre-qualified for a period of two years. Pre-Qualified firms need only submit the onepage validation form, together with the latest financial statements and any other updating information asappropriate. If the firm’s pre-qualification status is due to expire within 30 days of the proposed awarddate of a contract, a new application will be required.

Your firm may be requested to provide additional information or clarify submitted information.Firms failing to submit a complete application or respond to follow-up requests for information (e.g.clarifications, financial statements), etc. may be declared non-responsive and ineligible for award.Where can you obtain an application? The application can be downloaded from the MTA website(www.metro.net), click on About Us, then Basics for Vendors, then For Contractors and Small Businessthen Contractor Pre-Qualification program or you can call and requesting one be e-mailed to you.

Please feel free to call Sherie Ayers if you have any questions:

She can be reached at: 213-922-5631 or by FAX 213-922-4150 or Email [email protected]

V. DEOD

Metro completed a disparity study in March 2013 that revealed significant statistical disparityexisted in the following groups: African American, Asian-Pacific American, Hispanic American, NativeAmerican, and Subcontinent Asian. No statistical disparity was found in the Non-Minority Women DBEgroup. However, Metro underscores its policy to ensure equal opportunity for all DBE groups. As such,Non-Minority Women can and will be counted towards Metro's Race Neutral (RN) overall DBE goal asdefined in 49 CFR Part 26.

A. ESTABLISHED RC DBE

PS-8420-3242 is a federally-funded contract. A Race Conscious DBE (RC DBE) goal of twentyfive percent (25%) was established. Meeting the goal is a requirement under Metro’s Race ConsciousDBE Program. To be considered responsive at time of award, Offerors shall document enough DBEparticipation to meet the goal, or document that it made adequate Good Faith Efforts (GFE). In thesolicitation document, DBE Forms are provided along with a complete list of potential subcontractors,which includes both RC and RN DBEs. Metro encourages teams to continue engaging with DBE firmsfor RC and RN opportunities.

B. COUNTING AND CALCULATING DBE PARTICIPATION

There are several ways to meet the established goals, and they are:• The prime is a DBE• Joint venture with a DBE• Subcontract to various DBEs

If you plan to respond as a DBE Prime, your firm must perform at least 30% of the contract workwith its own workforce; and only the work performed by the DBE’s own workforce will be creditedtowards the goal. The Proposer’s DBE commitment shall become their contractual commitment throughout the term of contract with Metro.

mailto:[email protected]


C. GOOD FAITH EFFORTSBidders are expected to actively and aggressively seek to obtain DBE sufficient to meeting the

established goals. In determining whether a bidder made GFE, Metro will consider the quality, quantityand the intensity of the different kinds of efforts that the bidder made to meet the established DBE goals.

Only those efforts made prior to bid due date will be considered for GFE evaluation. GFE isscored on a pass/fail basis. Bidders must score a minimum of 75 out of a possible 100 points.Offerors shall provide Metro, as part of their bid for this project, a complete listing of all subcontractors(DBE and non-DBE) firms that will perform any portion of the required scope of work. Submittal shallalso include names and addresses, description of work and dollar commitments.

1. DBE Instructions to Bidders/Proposers provide further guidelines on how DBE participation willbe counted toward the goal and DBE forms must be completed by all Offerors by the bid/proposal duedate.

2. All DBE firms must be certified under the California Unified Certification Program (CUCP) bythe bid/proposal due date. An online CUCP database is an additional resource that includes DBE from allcertifying agencies participating in the CUCP.

Access the CUCP database from the Department of Transportation, Civil Rights, BusinessEnterprise Program website at: http://www.dot.ca.gov/hq/bep and the Caltrans DBE Directory may beobtained from the Department of Transportation, Materiel Operations Branch, Publication DistributionUnit, 1990 Royal Oaks Drive, Sacramento, CA 95815, (916) 445-3520.

D. RC DBE COMMITMENT FORMS

The Bidders List (Form 132) and RC DBE Forms (068) must be submitted with your bid/proposal.DBE Commitment Forms 1 through 5 are included in the DBE Instructions To Bidders. Please be sure tolist all subcontractors and subs at any tier. All forms must be completed in their entirety and be sure toinclude them with your bids.

It is Metro’s policy to provide equal opportunity to all DBEs on Metro contracts and to ensure that ourcontractors do the same. I wish you all much success.

If you have any questions about the RC DBE requirements, please contact Violeta Aguilos at (213) 922-2639 or by e-mail at [email protected]

For questions about Certification, please call the Certification Hotline at (213) 922-2600 or [email protected]

VI. REVIEW OF RFP

*The slides will be attached in a separate document.

Slide 1. Pre-bid title slide.

Slide 2. Presentation Cover slide. Good morning. This is the pre-bid conference for the contract MetroSustainability Program Assistance Services (SPAS). We will provide you today with some informationthat supplements the general scope of the contract.

Slide 3. This slide shows all of the responsibilities of the Environmental Compliance and Services

mailto:[email protected]


Department (ECSD). Under the umbrella of environment and sustainability, ECSD performs fourfundamental environmental functions that is shown on the second row of boxes. The fourth row ofboxes show operational support activities of the department. The boxes encircled in red dashed line arethe sustainability related responsibilities of ECSD. Last May 2014, the Metro Board gave authority toECSD to administer the sale and use of Metro’s low carbon fuel standards. ECSD will use these revenuesfor many of Metro’s sustainability initiatives.

Slide 4. Shown here are the various documents and initiatives that Metro’s ECSD has developed to run arobust sustainability program. Detailed information on these can be read or downloaded atwww.metro.net/ecsd.

Slide 5. Covers of some of the reports that can be downloaded from www.metro.net/ecsd. There is a2014 Metro Energy and Resource Report.

Slide 6. This slide shows the relationship between the SPAS contract and the other contracts that arealready out: Energy/Conservation Management, Resource Management (cover under the PolicyImplementation and Part in the Sustainability Capital Program). SPAS will include assistance to Metro ofthe Environmental Management System (EMS) and will also be drawn into Construction Support role inparticular in the implementation of each capital project’s Sustainability Plan. The Climate ChangeManagement contract will not be out until summer of 2015 at the earliest.

Slide 7. This slide shows how LA Metro implements its ISO 14001 Certified Environmental ManagementSystem. Unlike typical EMS’ implemented at other agencies, Metro’s EMS addresses energy and climatechange issues along with environment. Since inception in 2008, LA Metro’s EMS has brought in about1700% return on investment for all of the results of related projects.

Slide 8. This slide shows all the green infrastructure that have been built in the last five years. LA Metrowill continue to build LEED-NC certified buildings if they are over 10,000 square foot or more in area.ECSD is also greening all of Metro’s existing divisions, with the intent of achieving LEED-EBOMcertification for all of them by 2017. On October 2, 2014, the Metro Board has authorized ECSD to beginlooking at sustainability-related infrastructure under a life cycle framework. Pls refer to the October 2,2014 Board agenda to download a copy of the report outlining details of this new authority.

Slide 9. This slide shows the different solar panel installations at Metro, except for Division 13. Division13 solar panels are due for installation in the next few months.

Slide 10. This slide shows two flywheel technology projects at LA Metro. The Red Line installation hasbeen completed while the Gold Line installation will be completed around summer 2015. The SPAScontract will assist Metro achieve its renewable energy goal of 33% renewable energy use by 2020.

Slide 11. This slide shows an example of a very innovative policy that Metro has developed to reduceconstruction air emissions impacts at all construction sites. The SPAS consultant will assist Metro in theimplementation of this and similar policies. The US EPA has characterized the Metro’s GreenConstruction Policy as one of the most innovative market based/non-regulatory mechanisms to reduceair quality impacts.

Slide 12. The Metro Board has authorized staff to explore fuel use shift from fossil natural gas torenewable natural gas (biomethane). The SPAS consultant will assist Metro in the implementation ofthis program.

Slide 13. This slide shows the numerous awards and recognitions LA Metro’s Sustainability and


Environmental program has received in the last five years. We are very proud of all of the staff andsupport who have been working with us to achieve continual improvement in all of our activites.

Slide 14. End of Presentation.

Metro Sustainability ProgramAssistance Services Pre-Proposal Conference

Metro Sustainability ProgramAssistance Services Scope Overview

Cris B. Liban, D.Env., P.E.Los Angeles County Metropolitan Transportation Authority

October 1, 2014

An Integrated Approach

Carbon Credits Administration(Green Fund) (05/2014)

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Foundations of Change

> Environmental/Sustainability Policies

> Energy Conservation and Management Plan

> Annual Sustainability Reports

> Environmental Management System (EMS)

> Environmental Training Institute

> Partnerships with Colleges and Universities

> Carbon Credit Initiatives

> Design Criteria and Specifications

> Pilot Program Funding

> Climate Action and Adaptation Plan

4

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SPAS: An Oversight Contract

SPAS

Energy/Conservation

Mgt

PolicyImplementation

EMS andSustainability

Capital Program

6

Climate ChangeManagement

ConstructionSupport:

Sustainability Plan

Compliance: ISO 14001Certified Environmental MgtSystem Multi-Site Structure

EMS AdminTeam

EMS CoreTeam,

Division 10

EMS CoreTeam, RedLine Yard

EMS CoreTeam, etc.

• Environment

• Energy

• Climate Change

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1700% Return on Investment

Green Infrastructure

> LEED Requirements

> Five LEED-NC and Two LEED-EBOM

> Future LEED-NC: Division 13/Expo

> Future LEED-EBOM: D20/D7

Metro Gateway HQ,LA

Division 13, Downtown LA

Bauchet Street, LADivision 9, El Monte

El Monte Bus Station, El Monte

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On October 2, 2014: Metro Board Will ConsiderLife Cycle Framework for Sustainability Capital

Los Angeles County

VenturaCounty

Orange County

SanBernardino

County

Los Angeles CountyMetropolitan Transportation Authority

Solar Panel InstallationsSolar Panel Installations

213KW

Chatsworth Sun Valley

213KW

Carson

417KW

Downtown LA: CMF

1000KW

500KW

El Monte Station

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Downtown LA: Div 13

~1000KW

Los Angeles County

VenturaCounty

Orange County

SanBernardino

County

Los Angeles CountyMetropolitan Transportation Authority

Red Line: StorageFlywheel TechnologyJunction of Red/Purple Line

Wayside Energy Storage SystemsWayside Energy Storage Systems

Gold Line: Voltage RegulatorFlywheel Technology

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Goal: 33% Renewable Energy Useby 2020

Metro's Green Construction Policy Implementation

Aug Sep Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep Oct Nov Dec 1st Qtr2nd Qtr3rd Qtr4th Qtr

2011 2012 2013

GCP Board AdoptedGCP, ARBTraining

Developed GCP Construction SpecificationsandIncorporated Requirements into Metro's Design Criteria

3/7/12

GCP TWG Meeting

11/13/11

GCP Construction Specs

5/1/128/4/11

GCP TWG Meeting

1/24/12

GCP TWG Meeting

4/26/12

GCP TWG Meeting

8/2/12

GCP TWG Meeting

12/5/12

GCP, ARB Training

11/8/12

GCP, ARB Training

6/27 & 28/12

VICA Meeting

9/13/11

WCC Meeting

12/12/12

Metro Technical AdvisoryCommittee (TAC)Standing Monthly Agenda Item

GCP Websiteand Tool BoxDevelopment

Metro Projects -Cost of ComplianceAnalysis

5/17/12

CCEAMeeting

1/10/13

Board Report

Metro Projects - ConformanceReviews

CA Transit Assoc Meeting

11/9/12

Metro Projects - Quantification& Reportiing of Emissions

Caltrans PolicyAnalysis

12/19/11

Metro Call forProjects & LocalReturn ProgramAnalysis

11/14/11

Metro Projects -ARBComplianceReviews

9/25/12

GCP TWG Meeting

3/6/13

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One of the most innovative market based/non-regulatory mechanisms to reduce air quality impacts.- US EPA Region IX

Air Emissions Compliance and Mitigation

Biomethane Strategy

• Significantly increase renewableenergy source

• Environmental benefits

• Reduced carbon footprint

• No operational changes

• Monetize carbon credits

• O/M and sustainability capitalfunding

• At par cost

• Development incentives

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A Series of Firsts

> First and Largest Clean Fuel Fleet: CNG Buses

> First Transit Solar Panels to Exceed 1 MW

> First Nationally Recognized Sustainability Awareness Training: NTI

> West Basin Municipal Water District Award: Visionary Water Management

> USDOT/AASHTO Recognition for Sustainability Vision and Leadership

> One of the First LEED Gold Transit Headquarters

> First ISO 14001 Certified Rail Maintenance Facility

> First ISO 14001 Muti-Site Program for A Transit Agency

> “Best” Transit EMS in the US: Columbia University

> First Electric Vehicle-Transit Integration

> APTA Sustainability Commitment Platinum Recognition

> First Transit Green Construction Equipment Policy

> Highest Energy Program Award: Alliance to Save Energy

> Transit Industry Environment/Sustainability Benchmark

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