ADDENDUM

covering

CHANGE IN SPECIFICATIONS AND/OR PLANS

Date Issued:March 28, 2007 Addendum No.: 1

RFP Number No.:XP07-08 (DBE, Contract & LaborCompliance Services)

Contracting Officer: Gregory Moore, Procurement Manager

INTENT

1.This addendum is issued to provide for modifications in the specifications and/or plans associated with RFP No. XP07-08. Acknowledgment of this addendum shall be made in the Proposal Letter (see Part V, page 23 of the RFP), which is required as a part of each proposer’s submittal. Any lost or missing documents are the sole responsibility of the proposer.

2.Amend RFP No. XP07-08, Attachment A, Part IIScope of Work,paragraph ALabor Compliance & Monitoring Services, part (2)(b), page 3. (underline denotes addition & strikethrough denotes deletion):

b)Audit Certified Payroll records and related documentation to assure compliance with prevailing wage laws. Calculate penalties and back wages associated withactual and potential labor compliance violations, as directed by the designated Expo Project Manager.Monitor and audit contractor payroll to ensure compliance with labor wage requirements.

3.Amend RFP No. XP07-08, Attachment B, Terms and Conditions, Services Contract, Article V, Insurance, page 4, as follows:

Add:

Errors and Omissions InsuranceMinimum $1,000,000 per claim

4.Amend RFP No. XP07-08, Attachment “B”, Terms and Conditions, Services Contract, Paragraph 20, Insurance, page 13, as follows:

Delete and Replace:

Delete Paragraph 20 Insurance, Terms and Conditions included in Attachment “B” of the RFP, and replace with the language included hereunder as Attachment C (Insurance Requirements – Rev. 1).

5.The meeting minutes/summary for the scheduled pre-proposal conference held on Thursday, March 22, 2007 in support of RFP No. XP07-08 are included herein as Attachment “A”.

6.Expo’s formal responses to questions and requests for clarifications received from prospective proposers are included herein as Attachment “B”.

7. The proposal deadline remains Monday, April 16, 2007 at 3:00 p.m. PST.

8. All other terms and conditions of the RFP shall remain the same.

Issued by:Gregory Moore______

Gregory Moore

Procurement Manager

Attachment(s):

Attachment A- Pre-Proposal Conference Minutes/Summary

Attachment B- Answers to Proposers’ Questions, Set No. 1

Attachment C- Insurance Requirements (Rev. 1)

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RFP No. XP07-08Addendum No. 1

ATTACHMENT “A”

Pre-Proposal Conference Minutes/Summary

Thursday, March 22, 2007

Expo Headquarters Small Conference Room

707 Wilshire Blvd., Ste. 3400, Los Angeles, CAat 2:00 PM

The following is a summary of the issues and policies that were discussed at the above-referenced pre-proposal meeting in support of RFP No. XP07-08for the provision ofDBE, Contract and Labor Compliance services associated with the Exposition Light Rail Transit Project, Phase 1. The meeting was called to order at approximately 2:00 p.m. by Gregory Moore, the designated Contracting Officer, who welcomed the prospective Proposers andrequested that all attendees sign the attendance roster provided by Exposition Metro Line Construction Authority (Expo or Authority) staff. Attendees were made aware that a summary of the meeting would be provided by Expo in the minutes issued by Expo staff under Addendum No. 1. That item would be forwarded to all interested parties. The Contracting Officer then described the format and objective of the meeting [A copy of the meeting agenda, and a list of attendees, are provided as Exhibits 1 and 2, respectively.].

The purpose of the pre-proposal meeting is to provide potential Proposers with an overview of the procurement process and to offer clarifications and/or explanations regarding any issues that may have arisen during that process. Formal written responses to all questions submitted by potential Proposers during the procurement process will be issued by Expo staff, including anymodifications to the RFP package, in the form of an addendum to the RFP. Expo staff provided the following information regarding selected requirements set forth in the RFP package.

1. Administrative Issues

The pre-proposal conference is not mandatory and is intended to clarify ambiguities in the RFP package and provide preliminary responses to questions from potential Proposers regarding the RFP and, more generally, the procurement process itself. Expo staff is recording the conference and will generate meeting minutes as part of Addendum No. 1. Discussions held during this meeting neither qualifynor modify the terms of the RFP, unless a formal addendum is issued by Expo staff. The procurement selection and award schedule is as follows:

EVENT / Date
Issuance of RFP / March 14, 2007
Pre-Proposal Meeting: 2:00 p.m.@ ExpoHeadquartersBuilding / March 22, 2007
Requests for addenda and clarifications due / March 27, 2007
Authority deadline for issuance of clarifications and/or addenda / April 3, 2007
Proposal due date / April 16, 2007
Consultant Interviews / April 17 – 20, 2007 (TBD)
Negotiations (if necessary) / April 23 – 26, 2007 (TBD)
Recommendation for Contract Award (Authority Board) / May 3, 2007
Kick-off Meeting and Final Contract Execution / May 10, 2007 (TBD)

2.Project DBE Goal

Expo strongly encourages the use and participation of DBE firms, however, a DBE goal was not recommended for this particular project.

3. Project Summary

This Request for Proposals is issued by the Authority to seek proposals from qualified consultant(s) to provide Disadvantaged Business Enterprise (DBE), Contract and Labor Compliance Services. In March 2006, the Authority entered into a contract for the design and construction of Phase 1 of the Exposition Light Rail Transit (LRT) Project, following a competitive procurement process, and design and construction work on Phase1 has commenced under that contract with the successful design-build team, FCI/Flour/Parsons, A Joint Venture (FFP). Under the terms of the design-build contract, FFP is responsible for meeting a 20% DBE goal established by the Authority and satisfying all applicable labor compliance regulations, guidelines and laws associated with the work. Accordingly, the Authority requires the services of a qualified firm to provide contractor oversight and compliance services.

Any contract resulting from this RFP may be awarded to the responsive and responsible Proposer earning the highest total evaluation score under the terms of the evaluation criteria set forth under Section 305. The Authority may invite Proposers within the competitive range for interviews to discuss the merits and/or deficiencies of their respective proposals; however, the Authority is under no obligation to enter into discussions or conduct negotiations with a Proposer, and reserves the right to award a contract on the basis of the offers received.

If awarded, the contract period of performance will commence on or about May 10, 2007 and continue through May 9, 2009, with an option to extend the agreement, at the Authority’s sole discretion, for two (2) additional years, until no later than May 9, 2011. It is anticipated that the Contract resulting from this RFP, if awarded, will be a firm fixed price agreement. The Terms and Conditions to be included in the Contract are set forth in Attachment“B”.

4. Insurance Requirements

The successful proposer will be required to satisfy therevised Insurance Requirements detailed herein under Attachment “C”, Insurance Requirements (Rev. 1).

5.Procurement Department – RFP Summary

Proposers should review the entire RFP document in detail and provide all of the information requested, in order to be considered responsive. Any questions that arise during the procurement process must be directed to Gregory Moore at (213) 243-5505 or via e-mail at . Procurement Manager, Gregory Moore, concluded the meeting with a summary of selected RFP requirements included in the RFP package. Gregory highlighted the following areas:

  • Section 105: Project Description.
  • Section 107: Basis for Award. An award will be made to the responsive and responsible proposer earning the highest total evaluation score under the terms of the evaluation criteria set forth in Section 305.
  • Section 108: Contract Type. A firm fixed price contract will be awarded to the successful proposer.
  • Section 201: Schedule of key procurement-related events.
  • Section 203: Requests for addenda or amendments to, or clarifications of the RFP must be submitted, in writing, to Expo’s designated Contracting Officer.
  • Section 205: Format and Structure of the Proposal. Three separate elements (i.e., Packages A, B & C) must be submitted by each proposer, however, the items may be incorporated intoa single binder.
  • Section 207: Any exceptions to the RFP language, including the draft Contract Terms and Conditions included in RFP Attachment B, must be submitted under the Proposal Letter included in the RFP.
  • Section 208: Work Plan (Tab B-3). Each proposer must submit a detailed work plan that includes a tentative list and schedule of proposed meetings, data gathered and deliverables (e.g., reports) that would be developed by the proposer during the term of the agreement.
  • Section 210: All communications regarding this procurement must be directed to the designated Contracting Officer, Gregory Moore, and any and all communications outside of these channels is strictly prohibited until the notice of intent to award is issued by Expo.
  • Sections 219 & 220: In the interest of maintaining the integrity of the Expo procurement process, Proposers contravening the terms of Sections 219, Improper Conduct and/or Section 220, Prohibitions of Lobbying and Contacts, may be immediately disqualified from the competitive process. Similarly, any potential Proposer, or his agent, engaging in discussions concerning the award of the contract with any Member of the Governing Board of the Authority (or his or her personal staff) during the period beginning on the date of issuance of this RFP and ending on the date of the Contract Award may result in immediate disqualification.
  • Part III Evaluation Process and Award: The Authority will establish an Evaluation Committee with responsibility for reviewing and scoring all proposals based upon the criteria set forth in Section 305.
  • Part IV: Authority Protest Procedures are listed under Sections 401-410.
  • Part V: All forms and certifications included in Part V of the RFP must be submitted under the appropriate tab in Package A of each Proposer’s submittal. Each RFP addendum issued by Expo must be acknowledged on the Form of Proposal Letter included in the RFP.
  • RFP Attachment“A”: Scope of Work.
  • RFP Attachment“B”: Draft Contract Terms and Condition.
  • RFP Attachment“C”: Federal Requirements and Contract Clauses.
  • RFP Attachment“D”: Schedule of Quantities and Prices.
Question/Answer: Open Forum

Oral inquiries and written questions received during and after the pre-proposal meeting from Proposers, and Expo’s formal responses, are provided herein as Attachment “B”. At approximately 3:08PM the meeting adjourned and the group was dismissed.

If you have any addition or corrections to these minutes, please contact the undersigned by e-mail at or via fax at (213) 243-5553.

Respectfully submitted,

/s/

Gregory Moore

Procurement Manager

Exhibit(s):(1) Agenda

(2) Attendance List

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RFP No. XP07-08Addendum No. 1

AGENDA

PRE-PROPOSAL CONFERENCE

REQUEST FOR PROPOSALS NO. XP07-08

DBE, contract & labor compliance services

Thursday, March 22, 2007 @ 2:00 p.m.

Expo Headquarters Small Conference Room

Sign-inAll

Welcome/IntroductionsGregory Moore

Procurement Manager

  • Expo & Metro Staff & AttendeesOffice of Procurement

Administrative IssuesStaff

  • Purpose of Pre-Proposal Meeting
  • Recording
  • Disclaimer
  • Addenda/Minutes Issued
  • Schedule
  • Communications
  • DBE Compliance (Post Western States)

Exposition Corridor Transit Project DescriptionStaff

  • Phase 1
  • FCI/Flour/Parsons, A Joint Venture
  • Separate Work Packages

Statement of Work Overview/SummaryStaff

  • Goals and Objectives (Oversight & Compliance)
  • Deliverables
  • Work Plan

RFP ReviewGregory Moore/Staff

  • Evaluation, Selection & Contract Award Process
  • Proposal Submissions

Questions/Answers Open Forum

Proposers are invited to submit questions on the forms provided. All questions will be received by the Procurement Manager who will redirect the questions to the Expo representative(s) best qualified to answer. All Proposers are advised that any exchange between Expo in response to a Proposer’s questions or inquiries during this meeting are for clarification purposes only and do not qualify or amend the solicitation document. The RFP document shall govern if there are any conflicts between the information provided at the Pre-Proposal Conference and the RFP documents.

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RFP No. XP07-08Addendum No. 1

Pre-Proposal Conference: List of Attendees (In no particular order)
Name / Company / Phone / Fax / E-Mail
1 / Joe Garcia / The Solis Group / (626) 255-2957 / (626) 685-6985 /
2 / Dalia Sabaliauskas / Perceptive Enterprises / (323) 254-5000 / (323) 254-5111 /
3 / Patricia Padilla / Padilla & Associates / (714) 577-5340 / (714) 577-5345 /
4 / Cecilia Cardenas / Padilla & Associates / (714) 577-5340 / (714) 577-5345 /
5
6
7
8
9
10
11
12
Staff as noted in minutes

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RFP No. XP07-08Addendum No. 1

ATTACHMENT “B”

March 28, 2007

Subject: REQUEST FOR PROPOSALS (RFP) NO. XP07-08

DBE, CONTRACT & LABOR COMPLIANCE SERVICES

ANSWERS TO PROPOSERS’ QUESTIONS, SET NO. 1

To:All Proposers

Reference: (a) Pre-Proposal Conference held on March 22, 2007 in the SmallConference Room of the Expo headquarters building, located at 707 Wilshire Blvd., Ste. 3400, Los Angeles, CA90017.

(b) Subject RFP issued March 14, 2007.

The following questions and associated responses were submitted to the Procurement Manager by potential proposers both during and after the above-referenced pre-proposal meeting, or are being offered by Expo staff to clarify the requirements set forth in the RFP package.

Set No. 1

Q1. What is the period of performance for the contract?

A1. The Authority will award a contract to the successful proposer for a period of two (2) base years with two single year options, exercised at the Authority’s sole discretion, to extend the contract for a total period of performance of up to four (4) years.

Q2. Is there a page limit for proposal submissions?

A2. No. However, the Authority requests that proposers use their discretion in developing and submitting only requested and/orpertinent information.

Q3. As part of the “audit” services anticipated in the Scope of Work, will the successful proposer be required to calculate penalties and back wages associated with labor compliance violations.

Reference: Attachment A, Scope of Work, Part II.A, Labor Compliance Services, subpart b, page 3.

A3. Yes. See Item No. 2 (page 1) above.

Q4. Will the successful consultant be required to work from the Authority offices or at its home office?

A4. The successful firm will be headquartered at its home office. Expo will host scheduled meetings, upon request, but will not provide the successful consultant with office spaceat Expo headquarters.

Q5. Is Professional Liability insurance required?

Reference: Attachment B, Terms and Conditions, paragraph 20, Insurance, pages 13-15.

A5. Yes. See Item No. 4 (page 2) above.

Q6. How many copies of the proposal are required, and where should they be delivered?

A6. An original andfour(4) copies of the proposal must be received at the address below, by no later than 3:00 p.m. on April 16, 2007. Proposals received after that time will not be considered. The only acceptable evidence to establish the time of receipt is the date/time stamp imprinted upon the proposal package by the date/time recorder at the 34th floor procurement reception desk located at:

Attn: Gregory Moore, Contracting Officer

Reference No.: RFP No. XP07-08

Exposition Metro Line Construction Authority

707 Wilshire Blvd., 34th Floor

Los Angeles, CA90017

End of Attachment “B”

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RFP No. XP07-08Addendum No. 1

ATTACHMENT “C”

RFP No. XP07-08 (DBE, Contract & Labor Compliance Services)

INSURANCE REQUIREMENTS FOR CONSULTING AND

PROFESSIONALSERVICES CONTRACTS

Consultant shall procure and maintain for the duration of the contract insurance against claims for injuries to persons, or damages in property which may arise from or in connection with the performance of the work hereunder by the Consultant, his agents, representatives, or employees. As respects Professional Liability, coverage must be maintained, and evidence provided, for two years following the expiration of this contract.

MINIMUM SCOPE OF INSURANCE

Coverage shall be at least as broad as:

  1. Insurance Services Office Commercial General Liability coverage (occurrence form CG0001)
  2. Insurance Services Office form number CA0001 covering Automobile Liability.
  3. Workers’ Compensation insurance as required by the State of California and Employer’s Liability Insurance.
  4. Professional Liability (Errors and Omissions) insurance.

MINIMUM LIMITS OF INSURANCE

Consultant shall maintain limits no less than:

  1. Commercial General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, the general aggregate limit shall be twice the required occurrence limit or $2,000,000. Products/Completed Operations aggregate shall apply separately to this contract/agreement or the aggregate limit shall be twice the required per occurrence limit.
  2. Commercial Automobile Liability: $1,000,000 per accident for bodily injury and property damage.
  3. Workers’ Compensation to comply with California’s statutory requirements.
  4. Professional Liability: $1,000,000 per occurrence.

OTHER INSURANCE PROVISIONS

The insurance policies required per the terms of the contract are to contain, or be endorsed to contain, the following provisions:

  1. The AUTHORITY, its subsidiaries, officials and employees are to be covered as additional insureds as respects liability arising out of the activities performed by or on behalf of the Consultant; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; or automobiles owned leased, hired or borrowed by the Consultant. The coverage shall contain no special limitations on the scope of protection afforded to the AUTHORITY, its subsidiaries, officials and employees.
  2. For any claims related to this project, the Consultant’s insurance coverage shall be primary insurance as respects the AUTHORITY, its subsidiaries, officials and employees. Any insurance or self-insurance maintained by the AUTHORITY shall be excess of the Consultant’s insurance and shall not contribute with it.
  3. Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the AUTHORITY, its subsidiaries, officials and employees.
  4. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability.
  5. Each Accord Certificate of insurance required by this contract shall be worded

to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days prior written has been given to the AUTHORITY. Cancellation provision should also delete the words, “endeavor to”.

  1. Workers’ Compensation and Employer’s Liability policies shall provide a waiver of subrogation in favor of the AUTHORITY.
  2. Professional Liability insurance shall be continued, and evidence provided to the AUTHORITY, for two years following the expiration of the contract or, tail coverage provided for two years in the event of cancellation or non-renewal.

DEDUCTIBLES AND SELF-INSURED RETENTIONS