Request for Proposal (RFP) : Engineering Services Sprinkle Road from Cork Street to Comstock Avenue & Storm Sewer Mapping on Sprinkle Road

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1 Request for Proposal (RFP) Sealed proposals will be received by the Kalamazoo County Road Commission (KCRC), at its offices at 3801 East Kilgore Road, Kalamazoo, Michigan 49001, until Monday July 25, 2012 at 11:00 am at which time they will be publicly opened and read for the following: : Engineering Services Sprinkle Road from Cork Street to Comstock Avenue & Storm Sewer Mapping on Sprinkle Road Proposals (three copies) must be presented in a sealed container, with the item and date of opening clearly marked. Services to be provided include the preliminary engineering, surveying, recommendations for design, acquisition of right-of-way, conducting public meetings, design engineering and furnishing all material necessary to implement bidding by the Michigan Department of Transportation (MDOT) for construction of the project. The project services are to be in accordance with the standards established by MDOT for Federal Aid projects. The KCRC reserves the right to reject any or all bids and to waive irregularities in any document and to accept the proposal they deem in the best interest of the KCRC. The RFP document is available online at click on the Purchasing tab to view all current bidding opportunities, or by visiting KCRC offices. If there are questions about the specifications, please call Tom Hohm, Chief Engineer, x221. If there are questions about the bid process, please call Tracy Stull, Finance Director, at x201. Kalamazoo County Road Commission, Tracy Stull Finance Director 1

2 INSTRUCTIONS TO PARTICIPANTS This proposal shall be legibly prepared in ink or typed on the bidding blank furnished. Bid or proposal prices must have specific dollar values unless otherwise requested on the bid document. Any bid or proposal not stated in dollar value will be disqualified as non-responsive. If any price already entered by the vendor is to be altered, it shall be crossed out with ink, the new price entered above it with ink and initialed by the vendor, also in ink. Proposals or bids prepared with pencil will be rejected. All proposals must be submitted in enclosed sealed envelopes bearing the name of the vendor and a notation in the lower left corner indicating item for which the bid or proposal is submitted. Bids or proposals must be received in the business office by the time specified on the cover documents. Invoices will be processed for payment within thirty (30) days after receipt and authorization of invoice. Cash discounts, if any, shall be based on a period of 30 days or more after the delivery of the purchase item or service, following invoice delivery. Lesser periods will not be considered in the awarding. Material Safety Data Sheets (MSDS) must be submitted with any bid or quote for a product or service that requires the use of a product that must have a MSDS. MSDS are kept on file at the KCRC, and Contractors can review for material housed or used by the KCRC. Compliance with Federal Civil Rights Act of 1964 The parties hereto agree, when applicable, that they will comply with the Federal Civil Rights Act of 1964, the Federal, State and Local Fiscal Assistance Act of 1972, and all rules and regulations issued there under, as well as the applicable portions of the Elliott-Larsen Civil Rights Act and the Michigan Handicappers' Civil Rights Act being Article 2, Act No. 220, Public Acts of 1976, as amended. Specifically, contractors and subcontractors are required not to discriminate against any employee or applicant for employment with respect to such person's hire, tenure, terms, conditions or privileges or employment or any matter directly or indirectly related to employment because of such person's race, color, religion, national origin, ancestry, age or sex or protected classes as defined by law. Breach of this covenant may be regarded as a material break of the contract or purchasing agreement and may be processed as provided under the State of Michigan laws. The Kalamazoo County Road Commission in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 USC 2000d to 2000d-4 and Title 49, Code of Federal Regulations, Department of Federally-assisted programs of the Department of Transportation issued pursuant to such Act, hereby notifies all bidders that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit bids in response to this invitation and will not be discriminated against on the grounds of gender, disability, race, color, or national origin in consideration for an award. 2

3 GENERAL INFORMATION A. INTRODUCTION The Kalamazoo County Road Commission (KCRC) invites qualified bidders to submit proposals for the purpose of providing services for the KCRC engineering services for design surveying, preparing construction plans and specifications, and construction engineering for Sprinkle Road from Cork Street to Comstock Avenue roadway project. The Commission is scheduled to utilize $1,350,000 Federal Surface Transportation Program (STP) and KCRC funds for the resurface of this roadway project in The project will be advertised in the MDOT February 2013 letting. The Commission is also scheduled to utilize $350,000 Federal/State Local Bridge Program funds for the Bridge project in 2013/2014. A detailed description of the project is given in the Scope of Work. B. ISSUING OFFICE This bid/request for Proposal (RFP) is issued by the KCRC, which is the primary point of contact. All technical questions regarding this bid/rfp are to be directed to Tom Hohm, Chief Engineer, (269) ext C. TYPE OF CONTRACT The contract will consist of this RFP document in combination with a purchase order from the KCRC. Before submitting a proposal, please understand that the KCRC does not intend to sign any contract drafted by the selected firm. The purchase order will be based upon the Firm s response to this RFP. The purchase order will be based on hourly salary times overhead multiplier, plus profit, plus non-salaried expense with a specified maximum, not to be exceeded. D. REJECTION OF PROPOSALS The KCRC reserves the right to reject any and all proposals received as a result of this RFP, or to negotiate separately with any source whatsoever, in any manner necessary, to serve the best interests of the KCRC. The KCRC does not intend to award a purchase order solely on the basis of any response made to this request, or otherwise pay for the information solicited or obtained. E. INCURRING COSTS The KCRC is not liable for any costs incurred by consultants prior to issuance of a purchase order. F. ADDENDA TO THE RFP In the event it becomes necessary to revise any part of this RFP, addenda will be provided to all consultants who have received copies of this RFP. G. PROPOSALS To be considered, Consultant must submit a completed response to the RFP using the format provided in Part II. Each proposal must be submitted in three (3) copies to the KCRC Finance Director. An official authorized to bind the Consultant to its provisions must sign the proposal. The proposal for this RFP must remain valid for at least ninety (90) days. Consultants must submit three copies of the general consulting firm information. 3

4 H. ECONOMY OF PREPARATION Proposal should be prepared simply and economically, providing a concise description of the consultant's ability to meet the requirements of the RFP. I. PROFESSIONAL SERVICES REQUIREMENTS The Consultant to whom the work is awarded will be required to have a State of Michigan registered professional engineer seal. All work by the various disciplines shall be performed under supervision of a registered professional, fully qualified for that discipline. No change in staff will be permitted without a written request followed by affirmative response by the KCRC Chief Engineer. J. CONSULTANT INTERVIEW The KCRC may select one - three Consultant Firms to interview. We may ask for additional information regarding the firm s qualifications, capabilities, and experience with road design and construction management. 4

5 PART II PROPOSAL AND AWARD The undersigned, having become thoroughly familiar with and understanding all of the proposal/contract documents incorporated herein, agrees to provide services as specified herein as proposed below: The Consultant shall provide all of the information as requested herein with their proposal. Failure to do so and/or failure to provide post-proposal requested information may be cause for rejecting the proposal as nonresponsive. The project will be divided into phases; design engineering storm sewer mapping, right-of-way acquisition, and construction engineering. Price Design Engineering Services Road Project $ Design Engineering Services Bridge Project $ Storm Sewer Mapping Sprinkle Road $ Hourly Rate Right-of-Way (ROW) Services (est. 100 Hours) $ $ ROW Title Search and Review, Environmental DEQ Fee, NOC Fee $ 5, Road Construction Engineering (minimum 950 Hours) $ Bridge Construction Engineering (minimum 300 Hours) $ TOTAL NOT TO EXCEED $ Note: Design Engineering Services Road Project: The price for the project includes soil borings and preliminary surveying, video imaging of storm sewer, in addition to the items noted in the following sections. 5

6 Construction Engineering: The price includes construction staking, materials sampling and testing and certified stormwater inspections. The hourly estimate does not include time for construction staking and materials sampling and testing add those to your Construction Engineering price. In addition to this price proposal page, please provide a detailed cost estimate for each phase of the project. For information, please state the overhead multiplier and the profit factor to be applied Overhead Multiplier Profit Factor Consultant payment will be based upon hourly rate and the number of hours worked. The hourly rate will be multiplied by an overhead multiplier. That amount will be multiplied by the profit factor. Then direct nonsalaried expense will be added. The price noted above for ROW Services includes all associated costs of hourly rate with overhead, profit, benefits, insurance, and vehicle and fuel costs included in the hourly rate. All clerical and other administrative costs are also included in the Hourly Rate. Occasionally, additional work beyond the scope of work identified herein might be necessary. Please provide the hourly rates to apply to the following classes of employees: Owner/Partner $ / hour Professionals $ / hour Technicians $ / hour Clericals $ / hour Others (please specify) $ / hour 6

7 QUALIFICATIONS QUESTIONNAIRE Please answer the following questions completely. You are not required to submit answers on this form and additional information (brochures, illustrations, etc.) will be used in determining qualifications. If not using this form, please follow its format. 1. Firm name: Website: 2. Established: Year State 3. Type of organization: a. Individual: b. Partnership: c. Corporation: d. Other. 4. Former firm name(s) if any, and year(s) in business: 5. Home office business address and telephone number where work will be performed: 6. Branch office(s) if work will be performed there: 7

8 7. Personnel of firm (and subconsultants if applicable) who will be working on this project. Attach resumes of key personnel: NAME AND TITLE SPECIALTY YEARS EXPERIENCE Provide a brief description of your firm s operational structure. 8. Total personnel of firm: a. Professional: b. Non-professional: 9. Attach a list of Road and Bridge design performed over the last five (5) years. Include project name, owner, contact person and phone number, description of project, and professional services. State weather the project was delivered within the required timeframe, and if not why. 10. Provide your understanding of the project and any special qualifications that your firm brings to the project. Include a detailed price breakdown to indicate hour estimates for each classification of employee. Also indicate any subconsultant work and costs, soil boring, and materials analysis cost. 11. Prepare a project schedule to show the key project tasks and the time allocated to each task for this project. 8

9 12. Identify any additional professional consulting service(s) you will utilize to work on this project and their expected role(s) list all subconsultants. 13. Does your firm, or employees of your firm (if selected) require any additional accommodation? If yes, then describe the accommodation. I hereby certify that all of the information provided is true and answered to the best of my ability. Signed: Name: Type or Print Title: Date: 9

10 A. PROJECT BACKGROUND SCOPE OF WORK The Kalamazoo County Road Commission (KCRC) is seeking engineering services for the following projects: Sprinkle Road from 100 feet north of Cork Street to Comstock Avenue (Road Project) Sprinkle Road from Comstock Avenue to Michigan Avenue (Bridge Project) This Request for Proposals is for design services, mapping services, right-of-way (ROW) services, and construction engineering for the entire portion of this project. The Road Project is to mill and resurface Sprinkle Road. The existing curb line will be spot repaired. Review all existing ADA sidewalk ramps. Design new ADA sidewalk ramps for the non-compliant locations. The storm sewer system will be video imaged, and will be analyzed for defects and needed repairs. Each storm sewer structure will also be video imaged and any necessary repairs noted. The existing storm structure covers will be reviewed and covers will be replaced. The culvert at the Gilbert Drain is to be replaced. Design a replacement culvert and apply for the required MDEQ and Drain Commission permits. Funding for the Road Project is Federal Surface Transportation Program and KCRC funds. The Road Project is programmed for construction in The construction project budget is $1,350,000 Significant permanent new ROW is not anticipated, but some small acquisitions are anticipated. Some grading permits will also be required. ROW personnel must possess the qualifications required by the Michigan Department of Transportation for Federal Aid type of projects. Provide a statement of qualifications. The Bridge Project is to place an epoxy overlay on the bridge decks and approach slabs of the Sprinkle Road Bridge over the Kalamazoo River and over the Norfolk Southern Railroad (Amtrak). The bridge project is programmed for 2014, but MDOT has indicated that it may allow the project to proceed in 2013 to fully allocate the annual program. The KCRC is planning to bid both projects separately, but may choose to combine them into one project if there is a technical reason to do so. The Consultant should consider both possibilities in the pricing. Funding for the Bridge Project is State and Federal Local Bridge Program and KCRC funds. The construction project budget is $350,000. The Storm Sewer Mapping (Sprinkle Road) work is described below under Preliminary Engineering. B. RESPONSIBILITIES OF THE KCRC The KCRC'S Chief Engineer will closely follow progress of the work and will provide the following: 1. Transmit instructions, receive information, interpret and define the KCRC's policies and provide decisions in a timely manner. Generally, will be used to accomplish this. 10

11 2. Furnish pertinent records and/or information for use by the Consultant. 3. The KCRC Chief Engineer will be the Project Engineer, and will be responsible for overall project decision making, including reviewing all pay estimates, signing contract modifications, and approving all work orders for extra work. 4. Review progress submittals and respond in writing regarding necessary changes. 5. Notify the Consultant when the KCRC observes any defect in the product. C. PROJECT TIMELINE The following tentative timeline has been established for the project: Anticipated Project Start: August 5, 2012 Complete Preliminary Project Concepts: August 20, 2012 Complete Soil Boring and Survey Work: August 25, 2012 Complete Proposed Right-of-Way Plan: August 30, 2012 Start ROW Acquisition: September 1, 2012 Apply for Environmental Clearances: September 1, 2012 Apply for SHPO Clearance: September 15, 2012 Program Application to KCRC: September 15, 2012 Grade Inspection Plans to KCRC: September 15, 2012 Submit Stormwater Calculations to KCRC: September 15, 2012 Conduct Informational Meeting: September 15, 2012 Conduct a Utility Coordination Meeting: September 15, 2012 Grade Inspection Package to MDOT September 15, 2012 Complete ROW Acquisition: September 25, 2012 Grade Inspection: October 15, 2012 Start Final Design: October 16, 2012 Certify ROW to MDOT: November 1, 2012 Submit Storm Sewer Arcview File November 1, 2012 Complete Final Design: November 1,

12 Road Project Submit Final Design Package to MDOT: November 7, 2012 Project Letting: February 2013 Preconstruction Meeting: March 2013 Conduct Informational Meeting: April 5, 2013 Project Construction Start (Road): April 25, 2013 Project Completion (Road): July 2013 Project Punchlist and File Review (Road): August April 2014 Bridge Project Project Letting: March 2013* Preconstruction Meeting: April 2013 Project Construction Start (Bridge): August 1, 2013 Project Completion (Bridge): September 15, 2013 Project Punch list and File Review (Bridge): October April 2014 D. DELIVERABLES *Apply 2014 dates if the project is not advanced. 1. Submit a project schedule for all phases of design, ROW, and utility coordination. 2. Furnish a monthly report to the Chief Engineer stating the status of the tasks, and the status of permits and clearances. Mail this information to the Project Manager on CD. 3. Furnish visual displays for public informational meetings. 4. Submit design calculations and material quantity calculations for major items. 5. Project Plans, Specification and Estimate as noted. 6. Final Plans on Mylar, and CD in PDF and Autocad Drawing (design file). 7. Arcview file of the storm sewer system as a GIS layer of county map and aerial 12

13 E. SCOPE OF SERVICES 1. Design Phase: RFP Engineering Services for Sprinkle Road from Cork Street to Comstock Avenue Early Preliminary Engineering Establish a CD file for internal documentation including correspondence, permits, specifications, plans and estimate. Maintain this CD through the design and construction process. Update the CD immediately for all of the required items. Bring an updated CD to each of the monthly progress meetings. The CD must include a scan copy of all environmental / permitting documents that are sent and received. Alternatively, the Consultant may establish a web based FTP site. During this stage confirm the design standard and concept. Identify existing right-of-way limits, and any necessary ROW acquisitions. The last step in this stage is to develop a tentative project construction schedule and a preliminary engineer s estimate. The typical cross sections and other images will be developed as visual aids for the informational meetings. During this stage the Consultant must submit a progress schedule to the KCRC which identifies all key tasks, and the dates which they will be completed by. It also must include all targets such as receipt of any required permits and environmental clearances. The Consultant must update this project management plan at all times and must supply it to the KCRC at any time requested, and must maintain it on the project CD (in a spread sheet format). Identify the soil investigation that is required, and submit the request to the KCRC. Obtain soil borings. Evaluate the existing soils to confirm the pavement design. A minimum soil investigation will be 12 soil borings 4 feet deep. A minimum of 10 of the soil borings must be through the existing pavement to provide a pavement layer characterization. Conduct site surveying, and review of as-built plans. Consultants must utilize existing aerial photography to develop concepts and may use these services for the necessary contour map for vertical control. Existing as built plans are also available to establish the base survey for the project. Conduct a video imaging survey of the existing storm sewer. Video image all storm sewer pipe, laterals, and manholes. Review the video footage and provide a copy with an analytical report to KCRC. Field inspects existing manhole structures and covers to determine condition, and recommend any necessary replacements. Provide this in a report format. Analyze stormwater and develop a plan to manage the stormwater. The existing stormwater system was constructed in 1978 and KCRC plans are available. The system may need to be modified to be compliant with current best management practices. Two existing outfall points exist for the storm sewer system. One system exits Sprinkle Road corridor at Miller Drive where it enters the City of Kalamazoo system. The second system has an outfall point just north of Wynn Road on the west side of Sprinkle Road. The culvert at the Gilbert Drain is to be replaced. Design a replacement culvert and apply for the required MDEQ and Drain Commission permits. HEC-RAS analysis is required. The resulting stormwater system will be modified to utilizate pretreatment in the existing stormwater drainage system. Note that a calculation will be made by the consultant to indicate the existing stormwater drainage patterns and the existing drainage volumes. A portion of the drainage resulting 13

14 from this project will be directed to manholes within the site that provides pretreatment (minimum of 4 drainage structures). The existing (Wynn Road) outfall must be improved with a 10 foot by 50 foot stepped outfall basin. The basin must be surrounded by riprap with two internal check dams. Submit the stormwater calculation and the stormwater plan to the KCRC. Recommend a treatment to minimize reflective hot mix asphalt (HMA) cracking. Attend two public project informational meetings with all business owners and neighbors on this project location to review and coordinate the construction plan. Develop a project preliminary cost estimate. Submit 2 copies of the early preliminary engineering plan to the KCRC. Submit a recommendation for Preliminary Engineering. Environmental Design The Consultant must develop the stormwater management plan as noted above. Additionally, the Consultant must provide an environmental review of the project to certify that no threatened or endangered species are impacted by the project. This will require coordination with the Michigan Department of Transportation to review the State s Natural Features Inventory. A site visit by a qualified biologist will be required to assess the Natural Features Inventory as it pertains to the site and to make a determination regarding the site. If any additional design or coordination is necessary due to the presence of a threatened or endangered species, the Consultant must immediately notify the KCRC Chief Engineer, and will track additional coordination/ mitigation/ remediation time separately. Preliminary Engineering The consultant will complete plans to the Grade Inspection submittal during this design stage, and the Consultant will submit the project plans to MDOT for the Grade Inspection Meeting. The submittal to KCRC must include major item quantity calculations. During this stage of design, present the preliminary engineer s estimate to the KCRC. Based on the available funds, recommend the best approach to the project to constrain it to the available funds. This may include a modification of auxiliary lanes. The paved portion of the shoulder may be widened. This stage includes the following tasks: Develop a maintaining traffic plan (Maintain traffic) Conduct final site surveying Develop of a utility coordination plan and conduct a meeting with Utilities Acquire title work and develop a proposed right-of-way plan Acquire the required appraisals (if necessary) Acquire right-of-way as necessary Obtain permits Submit all design materials to KCRC Conduct informational meeting with property owners Develop a preliminary engineer s cost estimate 14

15 Furnish all materials necessary for MDOT Grade Inspection Meeting During this stage the Consultant will propose the acquisition of any necessary grading permits or permanent easements. Upon approval, obtain grading permits. Assist the KCRC in the required environmental clearance process, and apply for required permits. A Notice of Coverage Application (MDEQ) is required for this project. The Consultant will complete all permit forms for KCRC signature. The Consultant will supply all supporting documentation that is required with the permit application. The Consultant will be required to submit the required checks for permit fees. Identify all trees to be removed on the plans. Complete a tree permit form in compliance with the KCRC Tree Removal Policy. Coordinate with the property owner to determine if they want to keep the removed wood. Develop a utility relocation plan that states which utilities must relocate and by which date. The Consultant must correspond with utilities to develop this plan. Develop a construction staging plan that indicates when the Contractor s key work operations will occur. Identify all utility relocation activities that must occur, and include them in the plan. Identify all critical utilities on the plan, and indicate the clear zones in which the Contractor may not operate. Finalize and submit the stormwater management plan to KCRC. Stormwater must utilize existing facilities as feasible. A 10 foot by 50 foot drainage basin BMPs must be designed as part of this stormwater plan. Additionally, 4 pretreatment basins will be required. A stormwater plan (sketch) must be developed to indicate the surface flows at each drainage structure. Provide the stormwater calculations and sketch to the KCRC. Review all driveways. Recommend any driveway modifications. Coordinate the driveway changes with KCRC staff. The masonry wall just north of Cork Street is to be repaired and coated with a sanded epoxy paint/ sealer. The fence on top of the wall is to be replaced with an aesthetic/ decorative fence. Storm Sewer GIS Develop a map of the storm sewer that is compatible with the Kalamazoo County GIS system (ArcView). The map must be in a format that can be modified by KCRC in the future to add other storm sewer systems, or to modify the storm sewer on Sprinkle Road. This map must be for the entire length of Sprinkle Road from V Avenue to D Avenue. Asbuilt plans will be provided by KCRC. This mapping project will require some field verification. The file must be updated to reflect the 2013 construction on Sprinkle Road. The mapping must provide coordinate and elevation of the inlets. Provide invert elevations and pipe type and size. Note: This GIS project starts at V Avenue in Vicksburg and extends north to D Avenue in Cooper Township. 15

16 Bridge Project RFP Engineering Services for Sprinkle Road from Cork Street to Comstock Avenue Specific Construction Work Items include: repair end block, bridge railing, and guardrail, repair concrete slab, shot / sand blast the bridge decks and approach slabs, apply epoxy overlay (decks and approach slab), and place pavement markings. Project Coordination The Michigan Department of Transportation has jurisdiction of Sprinkle Road Bridge over M-96. MDOT indicates that they would be interested in utilizing the lane closures to have their own forces apply an epoxy overlay or epoxy sealer on the deck of the MDOT bridge. The Consultant will develop the necessary coordination clause. Right-of-Way Develop a right-of-way plan. Submit this plan to the KCRC for review and comment. Upon approval obtain title work and appraisals (if required). Develop a ROW budget for the project. The ROW budget will anticipate the necessary cost of the ROW acquisitions. Preliminary plan approval is required prior to continuing to full design and right-of-way acquisition. Upon KCRC approval, obtain the necessary right-of-way. The invoice must clearly indicate the hours spent on each individual parcel. Submit a request for checks for actual ROW acquisitions to the KCRC. Final Design During this phase, the Consultant will develop the final design documents for submittal to KCRC (submit two copies of the proposed final design). After meeting with KCRC and receiving Final Approval, submit the final package to MDOT for project advertisement. The final design package must include plans, specifications, and the final engineer s estimate. Place all final design items on the project CD. The final design submittal must include a quantity calculation for all major items. Design Criteria and Features The Consultant will prepare plans and specifications that are consistent with standard design practices, and will preserve the integrity of the environment. The road design will be in accordance with applicable AASHTO, MDOT 3R, MDOT Bridge Design Guidelines, and KCRC standards. KCRC intends to apply the MDOT 3R Design Standard. Indicate any other guidelines that you will apply. Construction plans will indicate existing roads, drives, curbs, sidewalks, fences, gates, trees, and existing structures in the vicinity. Utilities will be located and shown on the plans. Site drainage will follow current flow-lines as closely as possible. 16

17 Drawing Requirements The Final Design will be submitted on 24 by 36 Mylar. Plans used on site are to be formatted to 12 by 18 size sheets. The Final Design will also be submitted in electronic format on CD (in a format approved by the KCRC). Lettering and dimensions will be large enough to allow half size copies to be generated. Lettering on half size plans must be at minimum nine foot. All plans will be submitted with a common north arrow (generally north is directed up or to the right if necessary). 2. Construction Phase: The Construction Phase begins with project advertisement for MDOT letting. The construction phase includes the following tasks: Conduct project public informational meeting Attend preconstruction meeting Project inspection Act as KCRC project representative Facilitate monthly progress meetings Maintain pay item and material documentation in FieldManager Software Construction surveying/ staking Materials sampling and testing (as required by MDOT) Construction file documentation File review and project final estimate Environmental coordination and stormwater inspection (Certified Stormwater Operator) The Consultant will provide one qualified inspector to provide adequate on site construction inspection with workdays starting at approximately 7 A.M. The project will involve on site work requiring inspection on some Saturdays. The inspector must be on site during all major work operations and all operations involving concrete and HMA placement. Note that some evening or night operations may occur. If the Contractor elects to mill and pave at night then the consultant inspector will be expected to be available accordingly. The Consultant will review the concrete mix design, and HMA mix designs. The Consultant will act as the Certified Stormwater operator for the project, and will maintain a stormwater inspection file on site. The Consultant will be responsible for organization of the Construction File, and to coordinate the File Review with MDOT (and/ or FHWA). Submit a final estimate package to the KCRC. The Construction Engineering is estimated to require a minimum of 950 road and 300 bridge hours of field inspection and office technician time plus a separate amount for Construction Staking Surveying and the Materials Sampling and Testing. Consultant must include a statement which indicates that the hours are met or exceeded. The Construction Engineering phase includes the Construction Staking Surveying and the Materials Sampling and Testing. 17

18 3. General: Experience Requirements: Road Design Engineer must have a minimum of 7 years of road design experience Road Construction Inspector must have a minimum of 5 years of HMA inspection experience, and must have MDOT Placement of Hot Mix Asphalt Technician Certification Office Technician must have MDOT Office Technician Certification Bridge Design Engineer must have a minimum of 7 years of bridge design experience Meetings: During all stages of the Design Phase and Construction Phase, the Consultant will meet with the KCRC Chief Engineer and other agency staff monthly to review project scope and work plans. Scheduling: The Consultant will be responsible for the scheduling of the personnel necessary to meet the overall project schedule. The Consultant is responsible for submitting a monthly progress report to indicate current status of all tasks including at minimum all items included in the project timeline. The progress report must also include a checklist of all clearances necessary for this project. Invoicing: Submit invoices monthly which must include the KCRC assigned purchase order number on the invoice. State the staff person working on project by date, number of hours, and by task. Submit a right-of-way services invoice separately. Submit subconsultant invoice with the prime consultant s invoice. Payment will be made on the current bi-weekly KCRC schedule following authorization of the invoice. F. EXPENSES Meals, mileage for travel, lodging, or fuel for travel will not be considered for separate payment but must be considered included in the stated overhead rate that will be applied to the hourly professional service rate. The use of rental vehicles or company vehicles will not be considered for separate payment but must also be considered included in the stated overhead rate that will be applied to the hourly professional service rate. Only expenses for copying and mail will be considered for separate payment. 18

19 A. Price EVALUATION CRITERIA KCRC is looking for efficiency of costs thus distance and travel time will be considered. The Chief Engineer reserves the right to negotiate a total price and scope with the consultants. In the final selection, award will be made to the Consultant whose proposal is the most advantageous to the KCRC, price and other factors considered. B. Qualifications The KCRC will review past history and experience with applications of Design Engineering principles. Demonstrated ability to deliver projects on time is mandatory. C. Interview The KCRC may conduct an interview with two to four of the finalist Firms before a selection is made. The interview will last approximately one hour. 19

20 By my signature, I hereby certify that all drivers supplied under the terms and conditions of this bid document hold valid CDL licenses and are covered by an approved drug testing program. I hereby state that all of the information I have provided is true, accurate, and complete, and that I have read and I agree to be bound by the requirements/terms and conditions. I hereby state that I have the authority to submit this proposal, which will become a binding contract if accepted by the KCRC. I hereby state that I have not communicated with, nor otherwise colluded with any other bidder, nor have I made any agreement with, or offered/accepted anything of value to/from an official or employee of the KCRC that would tend to destroy or hinder free competition. This page must be submitted with vendor bid. Failure to do so may disqualify vendor bid. Company Name Your Name Title Taxpayer ID Street Address City, State, Zip Telephone/Cell Fax Number Address Date Signature The KCRC will use the firm s identification information provided for purchase orders, payment and other contractual purposes. If the contractual relationship is with, or the payment made to another firm, please provide a complete explanation on your letterhead and attach to your proposal. Please provide for accounts payable purposes: Remittance Address: 20

21 GENERAL REQUIREMENTS A. PROPOSAL ELEMENTS All consultants shall complete all elements in the proposal requirements. In the event additional space is needed, attach extra sheets and identify the information by corresponding question numbers. FAILURE TO DO SO MAY BE CAUSE FOR REJECTING YOUR PROPOSAL AS NON-RESPONSIVE. B. NO THIRD-PARTY RIGHTS It is agreed and understood that the contract is made solely for the benefit of the KCRC and Contractor, that it is not made for the benefit of any third party and that no action or defense may be founded upon this contract except by the parties signatory hereto. C. POST PROPOSAL INFORMATION After proposals are opened, the KCRC may request further proposal information or clarification in selected areas. Requested information shall be provided by the Consultant either in writing or by oral presentations. All costs incurred in connection with responding to this RFQ/RFP shall be borne by the respondent. D. MERGER The contract shall contain the entire agreement between the parties relating to the transactions contemplated hereby and all prior or contemporaneous agreements, understandings, representations and statements, oral or written, shall be merged. E. COUNTERPARTS The contract may be executed in two or more counterparts, but all of which together shall constitute one and the same instrument. F. PARTIAL INVALIDITY The KCRC and Contractor intend and believe that each provision in the contract complies with all applicable local, state and federal laws and judicial decisions. However, if any provision or provisions in the contract are found by a court of law to be in violation of any applicable local, state or federal ordinance, statute, law, administrative or judicial decision or public policy, and, if such court should declare such portion, provision or provisions unlawful, then the remainder of the contract shall be construed as if such illegal, invalid, unlawful, void or unenforceable portion, provision or provisions were not contained therein and that the rights, obligations and interest of the KCRC and Contractor under the remainder of the contract shall continue in full force and effect. G. OWNERSHIP OF DOCUMENTS All tracings, plans and specifications prepared under the terms of this proposal/contract shall be delivered to and become the property of the KCRC. All charts, sketches or any other data prepared shall be delivered to the KCRC upon request with no restriction or limitation on their future use. H. PROPOSAL PRICE AND EXPENSE The total fees proposed shall include all the services as requested herein including, but not limited to, the services requested for providing reports, project monitoring and all expenses incidental to providing these services including telephone, photocopying, etc. 21

22 TERMS AND CONDITIONS A. AWARD OF CONTRACT 1. The contract will be awarded to the responsible Consultant whose proposal, conforming to this solicitation; will be most advantageous to the KCRC according to the criteria outlined herein. The KCRC reserves the right to accept or reject any or all proposals and waive informalities and minor irregularities in proposals received. 2. Notification of award will be in writing by the KCRC Finance Director. Upon notification, the Consultant/ Professional Firm (hereinafter Firm) shall submit to the KCRC Finance Director all required insurance certificates and such other documentation as may be requested or required hereunder. Upon their receipt and subsequent approval by the KCRC, the Finance Director will forward to the Firm a Purchase Order. Work shall NOT be started until such Purchase Order is received by the Firm. 3. Unilateral changes in proposal prices by the Consultant shall not be allowed. However, the KCRC at its sole option, reserves the right to negotiate with Consultant. B. DISCLOSURE OF PRICE DETERMINATION After contract award, a summary of total price information for all submissions will be available for review by those consultants participating in the RFP. C. REQUEST FOR PROPOSAL AS CONTRACT Should modifications (after proposal opening) NOT be necessary; this Request for Proposal (RFP) will be executed as the contract. D. SUBCONTRACTORS - NON-ASSIGNMENT Consultant shall state in writing any and all sub-contractors to be associated with this proposal, including the type of work to be performed. The Firm shall cooperate with the KCRC in meeting its commitments and goals with regard to maximum utilization of minority and women-owned business enterprises. The Firm hereby agrees and understands that the contract resulting from this proposal shall not be transferred, assigned or sublet without prior written consent of the KCRC. E. TAXES The KCRC is exempt from all federal excise tax and state sales and use taxes. However, depending upon the situation, the vendor or firm may not be exempt from said taxes and the KCRC is making no representation as to any such exemption. F. INVOICING AND PAYMENTS Consultant must submit an invoice monthly for the work completed during the month. Payment for a contract entered into as a result of this RFP will be made monthly in the next billing cycle following receipt of the Consultant's billing statement and processing by the KCRC Chief Engineer. The Consultant's billing statement must include detailed information regarding person-hours expended by classification and by task, as well as information regarding such items as materials and other eligible non-overhead costs. G. CHANGES AND/OR CONTRACT MODIFICATIONS The KCRC reserves the right to increase or decrease services or requirements, or make any changes necessary at any time during the term of this contract, or any negotiated extension thereof. Price 22

23 adjustments due to any of the foregoing changes shall be negotiated and mutually agreed upon by the Firm and the KCRC. Changes of any nature, after contract award, that reflect an increase or decrease in requirements or costs shall not be permitted without prior approval by the KCRC business manager. H. LAWS, ORDINANCES AND REGULATIONS This agreement shall be governed by the laws of the State of Michigan. The Firm shall keep themselves fully informed of all local, state and federal laws, ordinances and regulations in any manner affecting those engaged or employed in the work and the equipment used. The Firm and/or employees shall, at all times, serve and comply with such laws, ordinances and regulations. Any permits, licenses, certificates or fees required for the performance of the work shall be obtained and paid for by the Firm. I. INDEPENDENT PRICE DETERMINATION 1. By submission of a proposal, the Consultant certifies as to its own organization that in connection with this proposal: a. The prices in the proposal have been arrived at independently without consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Consultant or with any competitor; and b. Unless otherwise required by law, the prices which have been quoted in the proposal have not been knowingly disclosed by the Consultant, and will not knowingly be disclosed by the Consultant, prior to award, directly or indirectly to any other Consultant, or to any competitor; and c. No attempt has been made or will be made by the Consultant to entice any other person or firm to submit, or not to submit, a proposal for the purpose of restricting competition. 2. Each person signing the proposal certifies that either: a. They are the person(s) in the Consultant's organization responsible within the organization for the decision as to the prices being offered in the proposal, and that they have not participated, and will not participate, in any action to A. 1, 2 and 3, above; or b. They are not the person(s) in the Consultant's organization responsible within that organization for the decision as to the prices being offered in the proposal, but that they have been authorized in writing to act as agent for the persons responsible for such decision in certifying that such persons have not participated, and will not participate in any action contrary to A. 1, 2, and 3 above, and, as their agent, do hereby so certify, and that they have not participated, and will not participate, in any action contradictory to A. 1, 2, and 3, above. 3. A proposal will not be considered for award if the statement required in the Cost and Price Analysis portion of the proposal has been altered so as to delete or modify A. 1, 2, or B., above. If A. 2 has been modified or deleted, the proposal will not be considered for award unless the Consultant furnishes, with the proposal, a signed statement that sets forth in detail the circumstances of the 23

24 disclosure, and the Business Office determines that such disclosure was not made for the purpose of restricting competition. J. RIGHT TO AUDIT The KCRC or its designee shall be entitled to audit all of the Firm's records, and shall be allowed to interview any of the Firm's employees, throughout the term of this contract and for a period of three years after final payment or longer if required by law to the extent necessary to adequately permit evaluation and verification of: 1. Firm's compliance with contract requirements, 2. Compliance with provisions for pricing change orders, invoices or claims submitted by the Firm or any of their payees. K. HOLD HARMLESS If the acts or omissions of the Contractor/Vendor or its employees, agents or officers, cause injury to person or property, the Contractor/Vendor shall defend, indemnify and save harmless the KCRC, its agents, officials, and employees against all claims, judgments, Iosses, damages, demands, and payments of any kind to persons or property to the extent occasioned from any claim or demand arising there from. L. DEFAULT The KCRC may at any time, by written notice to the Firm, terminate this contract and the Firm's right to proceed with the work, for just cause, which shall include, but is not limited to the following: 1. Failure to provide insurance and bonds (when called for), in the exact amounts and within the time specified or any extension thereof. 2. Failure to perform the services within the time specified herein, or any extension thereof. 3. Failure to make progress if such failure endangers performance of the contract in accordance with its terms. 4. Failure to perform in compliance with any provision of the contract. 5. Standard of Performance - Firm guarantees to provide the services rendered herein in accordance with the accepted standards of the industry or industries concerned herein, except that if the specifications call for higher standards, then such higher standards shall be provided. Upon notice by the KCRC of the Firm's failure to comply with such standards or to otherwise be in default of this contract in any manner following the Notice to Proceed, the Firm shall immediately remedy said defective performance in a manner acceptable to the KCRC. Should the Firm fail to immediately correct said defective performance, said failure shall be considered a breach of this contract and grounds for termination of the same by the KCRC. In the event of any breach of this contract by the Firm, the Firm shall pay any cost to the KCRC caused by said breach including but not limited to the replacement cost of such services with another Firm. 24

25 The KCRC reserves the right to withhold any or all payments until any defects in performance have been satisfactorily corrected. In the event the Firm is in breach of this contract in any manner, and such breach has not been satisfactorily corrected, the KCRC may bar the Firm from being awarded any future KCRC or City contracts. M. INDEPENDENT CONTRACTOR At all times the Firm, any of its employees, or its sub-contractors, and their subsequent employees shall be considered independent contractors and not as KCRC employees. The Contractor shall exercise all supervisory control and general control over all workers' duties, payment of wages to Contractor's employees and the right to hire, fire and discipline their employees and workers. N. PROJECT CONTROL 1. The Consultant will perform the work under the direction and control of the Chief Engineer for the KCRC. 2. The Consultant will submit, along with the billing statement, written summary reports of progress which outline the work accomplished during the reporting period, work to be accomplished during the subsequent reporting period, and any problems which have arisen or may arise which should be brought to the attention of the KCRC Chief Engineer and may need approval for significant deviation from work previously agreed upon. O. RESPONSIBILITIES The KCRC agrees to provide full, reliable information regarding its requirements for the Project and, at its expense, shall furnish the information, surveys and reports, if any, as described in the specifications. In addition, the KCRC agree to provide, at its expense and in a timely manner, the cooperation of its personnel and such additional information with respect to the Project as may be required from time to time. P. TERMINATION The KCRC may terminate this Agreement by giving written notice at least thirty (30) days prior to the date of termination. 1. In the event of such termination by the Firm, the KCRC, together with any other remedies that are legally available, may withhold any subsequent payment due under this agreement until such time as the services required to be performed under this Agreement have been completed by the KCRC or another firm. In the event that the KCRC incurs additional expenses caused directly or indirectly by the termination of this Agreement, together with such other remedies as are legally available, the KCRC shall be entitled to deduct such expenses from any unpaid amount due to the Firm wider this agreement. 2. In the event of such termination by the KCRC, the KCRC shall pay the Firm for services and reimbursable expenses performed or incurred prior to the termination date plus all costs and expenses directly attributable to such termination for which the Firm is not otherwise compensated. Q. USE OF DOCUMENTS Provided to the KCRC: All plans, drawings and specifications provided to the KCRC under this Agreement shall become property of the KCRC and shall be deemed public records as required by Michigan law. The KCRC shall be entitled to use such documents for its own municipal purposes only, 25