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32 such as preconstruction services, DBE and workforce by DBE firms, and the percentage of the total work ef- utilization, safety, QC, budget control, schedule control, fort that it represented. Further documents required to and utility coordination. The firm was further required be submitted were a detailed outreach program or plan to provide the resumes of all the individuals listed in for obtaining maximum utilization of DBE firms on the the organizational chart. project, including a detailed schedule of events and Group Criterion 2: Project Approach, Safety, and steps to maximize DBE participation. It was high- Management Plan.--The proposing firms were required lighted that in no event should there be an increase in to identify how the project was planned for completion the contract price due to changes in DBE participation. within the established GMP and on time. A preliminary baseline schedule with the proposed phasing, sequenc- Key Contract Provisions ing of work, durations, and number of concurrent work zones had to be submitted by the proposing firms. They Design Review were further required to report and justify what per- The project drawings were provided by TriMet, and centage contingency the Owner had to retain, and the contractor was required to assist the team during which tasks of the project would be subcontracted. The the preconstruction period in the advancement of these proposers had to highlight the steps taken to minimize drawings into 100 percent final design and construction adverse impact to the surrounding environment of the documents. As a first priority, the contractor was re- site, and to establish good relations and productive quired to perform a detailed review of the design draw- communication with all interested parties. The propos- ings for constructability, value engineering, and cost ing firms were required to identify their plan and ap- savings opportunities, and to provide a detailed con- proach to incident-free management of public safety struction cost estimate and a take-off based on current risks and highlight their safety experience and per- market conditions and pricing. The design consultant formance on projects involving in-street construction was responsible for the development of specifications under vehicular and pedestrian traffic in central city that would govern the construction of the project. areas. Based on these subcriteria, the firms were allot- ted a maximum score of 50 for this evaluation criterion. Suspension and Termination Group Criterion 3: Price.--The proposing firms had TriMet had the right to terminate all or part of the to provide a not-to-exceed price based on the units and contract if it was determined that termination was in scope of the project as identified in the RFP. In addi- the public interest. The termination would be effective tion, the firms were required to provide their "fixed fee" upon delivery of written notice of termination to the for construction services as a firm, lump-sum price, in- contractor. The contractor would be entitled to payment clusive of all the services mentioned in the RFP. The for the contract work completed before termination, and proposed "Preconstruction Services Price," which was to payment for all reasonable contract close-out costs. inclusive of all associated costs and profit, was not in- TriMet reserved the right to terminate the project cluded in the GMP and would be paid under a profes- contract if the contractor failed to perform the services sional service contract. The fixed-fee lump-sum price for within the time specified in the contract or make pro- the construction services was included in the GMP, gress or otherwise performed in a way to endanger the which was calculated as the sum of the reimbursable performance of the project. In such a case, TriMet's costs, contractor's risk/contingency, and fixed fee. Based right to terminate the contract could only be exercised if on these subcriteria, the firms were allotted a maxi- the contractor did not rectify the failure within 10 cal- mum score of 50 for this evaluation criterion. endar days (or more if authorized in writing by the con- Group Criterion 4: DBE and Workforce Training tract administrator) after receipt of notice from the con- Program.--The proposing firms were required to take tract administrator specifying the failure. In the event all necessary and reasonable steps in accordance with of TriMet terminating the contract, the contractor federal laws to ensure that DBEs were given the maxi- would be liable to TriMet for any excess costs incurred mum opportunity to compete for and participate in the for seeking alternate supplies and services similar to performance of the project. The proposer was required those terminated. The contractor would be paid the con- to agree that the firm will not discriminate on any tract price only for completed services delivered and grounds in the award of subcontracts or in performance accepted. If later determined by TriMet that the con- of this project. The proposer had to provide a descrip- tractor had an excusable reason for not performing, tive analysis of the current utilization of minorities and TriMet could allow the contractor to continue work, or women in its workforce, the previous training and em- treat the termination as a termination for convenience. ployment opportunities provided to them, and remedial action planned to counter current underrepresentation Inclusion of DBEs of minorities and women, if existent. Each proposing firm was required to provide a nar- The DBE program required that the contractor ob- rative description of its previous experience in promot- tain a list of certified DBE firms from TriMet's online ing participation of DBEs as contractors, consultants, or DBE directory or the state certification list and appoint suppliers, along with supporting data identifying the a DBE coordinator to manage all DBE matters on the level of activity by task in man-hours to be performed project. The contractor was required to solicit the inter-