department of - request · first deputy commissioner nicholas mendoza agency chief contracting...

Lorraine Grillo Commissioner

Justin Walter Chief Administrative Officer

Stephen Malusa Deputy ACCO

Department of Design and Construction Administration Professional Service Contracts

Jamie Torres-Springer First Deputy Commissioner Nicholas Mendoza

Agency Chief Contracting Officer

March 19, 2019

ADDENDUM NO. 5

PROJECT: HWDCRW07, Requirements Contracts for Project Management and Construction Management Services for CoastalResiliency Projects, Citywide.

PIN: 8502019HW0020P

THE ADDENDUM IS ISSUED FOR THE PURPOSE OF AMENDING THE REQUIREMENTS OF THE REQUEST FOR PROPOSALS AND IS HEREBY MADE A PART OF SAID REQUEST FOR PROPOSALS TO THE SAME EXTENT AS THOUH IT WERE ORIGINALLY THEREIN.

QUESTIONS AND ANSWERS

• Questions and Answers from consultants are attached to this addendum.

Contact: Peter Cabrera and Hemwattie Roopnarine Email: [email protected]. gov and [email protected]. gov Phone: 718-391-1632 and 718-391-1375

By signing in the space provided below, the Proposer acknowledges receipt of this Addendum. THIS ADDENDUM MUST BE SIGNED BY THE PROPOSER FOR THE CONTRACT AND ATTACHED TO THE TECHNICAL PROPOSAL. ------~

11 .... ,.........-"!:lmmock Director of Professional Contract

Name of Proposer

By: ______________________________ ___

Title -----------------------------------

30-30 Thomson Avenue, Long Island City, NY 11101 (718) 391-2439 nyc.gov/ddc @nycddc

Project: HWDCRW07, Requirements Contracts for Project Management and Construction Management Services for Coastal Resiliency Projects, Citywide PIN: 8502019HW0020P

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Questions and Answers from Consultants

Question 1: In addition to subcontractor payment information, will the chosen PM be required to utilize the City’s web-based system for any compliance reporting (i.e. uploading certified payroll, M/WBE participation, Section 3 reporting, workforce breakdowns, etc.)? In Section 3.02 of Exhibit H, it is noted that subcontractors with a contract equal to or more than $5,000.00 must be approved by NYC DDC.

Answer: As noted, the chosen PM must utilize the City's Payee Information Portal (PIP)

to be in compliance with the subcontracting reporting requirement. See Attachment 14 of the RFP for further information. M/WBE participation, Section 3 reporting, workforce breakdowns are not part of the PIP reporting requirement.

Question 2: Since the RFP requires 2-page resumes for included staff, can we then exclude the

resumes from the SF 330, Part 1 - Section E, as DDC has allowed in the past? Answer: Both are needed. Question 3: Can an extension of the RFP due date be granted? Recommend 4-12-19 to allow

for the project teams to produce better quality proposals for this large and important infrastructure project. Additionally, it should be noted that there is only one week from questions to RFI’s being answered until the due date.

Answer: No, there will be no extensions due to the aggressive nature of all of the

schedules for this project.

Question 4: RFP, 3, B. 6. “The Proposer must submit a completed Standard Form 330 for itself and each of

its subconsultants. The proposer and subconsultants must complete all sections of the form and must include … Please note that Standard Form 330 must be completed by the proposer and its subconsultants even if the proposer or its subconsultants will not be directly providing any design services.).”

Please clarify the requirement for a SF-330 for the proposer and its

subconsultants. Is it the intent that the DDC receive:

a. One complete and compiled SF-330 from the Prime Proposer to include their subconsultants or


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b. Multiple complete SF-330 Forms (Part I - Sections A thru I and Part II) from the Prime and each of its subconsultants. If so, are original signatures required on each?

c. SF-330 Part I Sections, split out as called for in the individual sections (ie – RFP page 23, #5 calls for SF-330 Part 1, Section H)

Answer: The proposer and each of its subconsultants must complete Part I, Section A through Section I, and Part II.

Question 5: What Volume and Section is Attachment 1, Proposal Checklist intended to be a

part of? Answer: Attachment 1, Proposal Checklist, should be placed as the 2nd item in the

proposal after the Table of Content. Question 6: Will each, individual Contractor be required to attend a Pre-Award Meeting

between NYC DDC as part of this approval process?

Answer: Yes, it will be required. Question 7: Is this approval (from Question 6) separate from the Executive Order 50 approval

process conducted by NYC DSBS? Answer: Yes, this approval is separate. Question 8: In “Section III. Scope of Work and Contract Conditions”, Section J states that

“Proposers should anticipate, generally, that goals will be set at 30%, subject to the scope and availability of MWBEs to form such work”. However, in Attachment 10 of “Schedule B: M/WBE Utilization Plan for Independently Registered Task Order”, there reflects a 35% M/WBE participation goal. Will this be the official participation goal under the NYC requirements?

Answer: As per RFP-16, proposers should anticipate, generally, that goals will be set at

30%, subject to the scope and availability of MWBEs to perform work for the task orders issued against this RFP. However, DDC has determined that the goal for the first task order to be issued for the East Side Coastal Resiliency Project

will be 35%.


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Question 9: Page RFP-19: The Table of Contents must include the items set forth in this sub-section B (Please clarify Sub-Section B) as there are a few section B’s in the RFP.

Answer: Sub-Section B is referring to Section IV .B Question 10: Appendix 3 is mentioned twice in the RFP but is not included as part of the RFP.

Please advise. Answer: Appendix 3 can be found as a separate file to be downloaded in our website. Question 11: If we are unable to obtain a reference letter on agency letterhead can one still be

provided a reference letter from a former agency contact. Answer: The reference should be from a current authorized employee at the agency. Question 12: Are we allowed to use 11” x 17” paper for the organizational charts? Answer: Yes Question 13: Please confirm the ESCR construction contract will be procured as single

construction contract (G, E, P, H under Wicks Law) (estimated value $1.1B) Answer: Yes, it will be procured as single construction contract. Question 14: Will the chosen PM be required to report directly to any other government

agencies, in addition to NYC DDC (i.e. NYS DHSES, NYC DSBS, NYC DOT, NYC DPR etc.)?

Answer: No, the chosen PM will report directly to DDC only. Question 15: Will there be a specific form that must be supplied by each subcontractor, and

submitted to DDC, reflecting the requested information (i.e. max contract value, description of work, start/end dates, etc.)?

Answer: Proposer should be guided by Attachment 1 in the RFP to determine the forms

needed in their proposal.


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Question 16: In Addendum 3, it is said that: “….. However, because this is a task order contract, such firm would be permitted

to be a sub consultant for any project that the firm was not previously involved in. In other words, the same firm may be precluded as a sub consultant on some task orders and not others.”

In light of the above, please indicate which firms will be precluded from

participation in the remaining Task Orders so that they can possibly be considered as potential sub consultants at the time that this proposal is due.”

Answer: Please refer to Addendum # 2, for the revised RFP-3, for the Precluded as Prime

Proposer” list. Question 17: Aside from the monthly Reconstruction Newsletter, will the Community Liaison(s)

on the Project be required to create any project-specific marketing paraphernalia to distribute (i.e. informational pamphlets, project website, etc.)?

Answer: Yes, as needed for the project. Question 18: Are there any additional drawings or sketches available for the ESCR project? Answer: No Question 19: How far has the ESCR redesign developed? When will those progress drawings be

publicly available? Answer: Fall 2019 Question 20: Reference Page RFP-2: If one of the sub-consultants of the PM/CM consultant is

awarded design for the Red Hook project can the PM/CM Consultant recuse that sub-consultant from the Red Hook PM/CM scope and still perform the scope for that project rather than DDC providing those services through alternate methods?

Answer: No, as per RFP-2, If the same consultant is awarded both the Red Hook Project

design task order and this PM/CM Contract, PM/CM services for the Red Hook Project will be procured by DDC through alternative means other than this PM/CM Contract.


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Question 21: Reference Attachment 7 ESCR Staffing Plan Form and Attachment 8 Fee Proposal Form, are proposers restricted to just these positions or can we add /modify. For example, the positions for Sr. & Jr. Archeologist / Historian / Conservator will surely be different persons for the hours indicated. How should the proposer indicate the rates for different positions with different qualifications? Another example would be the Inspector position, the proposal calls for 263,355 hours which obviously means numerous individuals how do we propose different/multiple rates for this position?

Answer: For the ESCR Staffing Plan, Attachment 7, the proposer shall identify other

Personnel, including Key Personnel, for the ESCR Project who possess the minimum requirements set forth in the RFP.

For the Fee Proposal, Attachment 8, the proposer will only use the titles and

hours listed on the form. This information will be used to calculate the “price per technical point”.

For the Fee Proposal, Attachment 8, proposers should provide one hourly rate

that applies to all the titles listed in that row. It is up to each proposer to determine what that rate shall be.

Question 22: Reference RFP-Attachment 8 Fee Proposal Form. The RFP states the Hourly Rates

must be all inclusive. Its further states that the titles, quantity of each title hours…. will be determined for each task order per article 3 of the sample contract. Article 3 only addresses titles and rates. There is no provision for direct expenses / general conditions i.e. field offices, or other DDC directed general conditions. Since there is no project schedule or site-specific plan as of yet will the awarded consultant be entitled to direct reimbursement for site / project specific general conditions separate from the “all-inclusive Hourly Rates”.

Answer: As per Article 3 of the Contract, The PM must submit a list of anticipated

Reimbursable Services for the Project. Such submission is for budgeting purposes only and will not be binding on the PM or the City. The finalized Task Order will set an Allowance for Reimbursable Services.

Question 23: Are resumes required for all of the Resident Engineering staff (approximately 90

personnel), or just a selection of the Resident Engineering staff? Answer: Yes, for all.


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Question 24: Page B19, Section 5 calls out various PM/CM supplemental testing requirements (soils, steel, concrete). Does this also include any special inspections that may be required?

Answer: Yes Question 25: Are we able to amend the roles/responsibilities that are listed by the DDC? There

may be some roles created or eliminated depending on the strategy/experience of the CM Team.

Answer: Yes Question 26: What level of involvement will the selected proposer have in management of the

grants from the various funding sources? How much weight will be given to experience with these funding sources in the selection process?

Answer: The selected proposer will be responsible for grant compliance and document

management. The required services are described in Article 6 and Exhibit B of the Contract.

In addition to compliance with all local laws, State and Federal laws, rules and

regulations, the PM/CM will be tasked with ensuring Project compliance with various grant criteria.

Also, proposers must demonstrate their strategic approach to ensure

compliance with federal grant rules. Question 27: How will Special Inspections be managed? Will the selected proposer be required

to hire a Special Inspections Agency? Answer: Yes Question 28: Will office or trailer space be provided or reimbursed by DDC for these projects? Answer: No.


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Question 29: If a firm acquires or enters into a merger with one of the precluded firms would the acquiring firm also be precluded from being a prime on the project?

Answer: Affiliates of the precluded firms are not generally precluded so long as (1) the

affiliate did not work on the project that is the basis of preclusion AND (2) the entities maintain separate corporate, legal, and financial departments and separate offices, such that there is no sharing of files or employees. The agency reserves the right to carefully review the corporate and legal structure of proposers and their subconsultants for potential and apparent conflicts of interest.

Question 30: The RFP states that there are both Labor Law 220 and Davis Bacon Prevailing Wage

Requirements on the Project. Will either of these wage requirements supersede the other?

Answer: The federal wage rates are a federally mandated minimum only and will be

superseded by any State or City requirement mandating higher wages. Question 31: For Article 7.7 (regarding Liquidated Damages), normally such penalties are not

imposed on Professional Engineering & CM Services Contracts. Under what circumstances would Liquidated Damages apply, and who would decide the applicability, to this PM/CM Contract?

Answer: In the event that the Task Order issued to the PM is HUD funded, the Task Order

will include liquidated damages for failure to meet deadlines and/or key performance indicators. The PM and the Commissioner will negotiate the amount of liquidated damages to be assessed against the PM in the event the PM fails to perform the duties specified in the Agreement and the Task Order. If the parties cannot agree, the amount of liquidated damages will be set by the Commissioner and such amounts will be final and binding.

Question 32: For Article 7.7 -regarding Liquidated Damages- Under what circumstances would

Liquidated Damages and who would decide the applicability to this PM/CM Contract where normally such penalties are not imposed on Professional Engineering & CM Services Contracts?

Answer: Same as the answer to Question 31.

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