REQUEST FOR PROPOSALS (RFP) Minnesota Department of Transportation (MnDOT) Maintenance Services Certified List Program

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1 REQUEST FOR PROPOSALS (RFP) Minnesota Department of Transportation (MnDOT) Maintenance Services Certified List Program Note: This document is available in alternative formats for persons with disabilities by calling Kelly Arneson at or for persons who are hearing or speech impaired by calling the Minnesota Relay Service at This RFP does not obligate MnDOT to award a Contract or complete the project, and MnDOT reserves the right to cancel the solicitation if it is considered to be in its best interest. **Due to low response in the Categories below MnDOT is reopening only Categories 8 and 9 for proposal submission. Program Overview The State of Minnesota through its Department of Transportation requests proposals to provide services by licensed professionals in the following categories: 1. Architectural 2. Structural Engineering 3. Civil Engineering 4. Mechanical Engineering 5. Electrical Engineering 6. Building Automation Systems (BAS) & Heating, Ventilation, Air-Conditioning (HVAC) Commissioning Services 7. Water/Wastewater Engineering and Subsurface Sewage Treatment Systems 8. Geotechnical Studies 9. Materials Testing and Special Inspections This program will be a Certified List Program consisting of firms that have been pre-approved to perform the above work for small specialty Maintenance and Construction projects. This Program will be utilized for MnDOT facilities only. Firms may apply for any or all of the work categories. The term of this program is two years with three one-year extension options. At each one year interval, MnDOT will evaluate the need for adding additional consultants to the Certified List. MnDOT reserves the right to solicit new responders, via the RFP process, at the one year extension intervals. Firms currently on the list would remain on the list and would not need to respond. New firms may then be added after a formal review of the responses and added to the existing Certified List Program, at the sole discretion of MnDOT. MnDOT will use these services on an as-needed basis, and not all successful responders will be authorized for all the services described above. The Certified List Program is not a guarantee of an assignment since the use of services will depend upon the availability of funding for the program at the time the work is required. Responders must be licensed in the State of Minnesota for the work required under each category. Program Information and Operation Once the Program is established, MnDOT may directly select firms from the Certified List for specific projects with costs up to $100, Also, MnDOT may advertise individual projects to the firms approved for the work required. Selection and award of the advertised projects will be based on the Best Value process. Final negotiations between the selected firm and MnDOT will occur before the project is awarded. For projects with fees exceeding $100,000.00, Consultants will be selected from the Department of Administration Real Estate and Construction Services Master Roster or by the State Designer Selection Board. Those projects are not a part of this Certified List Program. If you are on the Department of Administration Real Estate and Construction Services Master Roster, you must still submit a proposal to be considered for this MnDOT Certified List Program

2 Scope of Work and Deliverables 1. Architectural: The ability to perform the architectural design for a building including programming, design, construction documents and construction administration. 2. Structural Engineering: The ability to do the design and construction documents for the structural components of the building. 3. Civil Engineering: The ability to do design and construction drawings for maintenance and repair of site components (sidewalk repairs, lot paving and grading and other building related items) Work may include survey and wetland delineation. It is not required that responders have survey and wetland delineation capabilities on staff as this work may be performed by a qualified sub consultant for contracts under this program. Provide a list of sub consultants if applicable. 4. Mechanical Engineering: The ability to provide the design and construction documents for building mechanical systems and components, including Geothermal Heating and Cooling Systems. This also includes the ability to provide construction observation. 5. Electrical Engineering: The ability to perform the design and construction documents for building electrical systems and components. This also includes the ability to provide construction observation. 6. Building Automation Systems (BAS) & Heating, Ventilation, Air- Conditioning (HVAC) Commissioning Services: Commissioning, re-commissioning and retro-commissioning is a quality assurance service to ensure that building systems work as intended and provides reduced operation and maintenance costs, energy savings, and improved indoor air quality. The ability to analyze existing HVAC and BAS Systems for original design intent and provide/direct modifications to increase efficiency and effectiveness to the systems and energy savings. Required Qualifications: Leadership in Energy and Environmental Design (LEED) Certified Engineers Mechanical and Electrical Engineers and Software Engineer/Technician. Software Engineer/tech must be able to operate, read, interpret and direct corrections to the programming of either ALC WebCtrl and/or NiagaraAX/Distech BAS System Firm must have a 3 year history of successfully completed recommissioning projects and custom efficiency studies. Systems to be Commissioned: HVAC Systems Building Automation Systems o Automated Logic Corporation (ALC)-Webctrl/Supervision o Or/AND o NiagaraAX/frontend with a Distech Backend 7. Water/Wastewater Engineering and Subsurface Sewage Treatment Systems: The ability to do design and construction drawings for water wells, lift stations, and subsurface sewage treatment systems. This also includes the ability to provide construction observation. Required Qualifications: Water/Wastewater Engineering: Professional Engineer Subsurface Sewage Treatment Systems: Advanced Designer 8. Geotechnical Studies: includes preparation of final boring logs and an analysis of subsurface conditions and materials, submitted in the form of a report. The report includes, but is not limited to; the following information. Logs of test borings, including N-values and laboratory test results. Provide a description of drilling, sampling, test and classification methods. Review of soil/groundwater conditions encountered and of pertinent soil properties. Recommendations for foundation types, depths, allowable bearing capacity and tolerable settlement values; grading procedures below structure; suitability of on-site soils for reuse; interior floor slab support, estimate of modulus of subgrade reaction, and slab moisture protection; foundation backfilling and pavement designs. The company performing the geotechnical study must also be qualified to perform work under - 2 -

3 Materials Testing. Standards and specifications required for a project under this work type may include the following: All tasks will be performed in accordance with current ASTM, AASHTO, and MnDOT standards and specifications. The current Specifications for Subsurface Investigation & Geotechnical Analysis and Design Recommendations can be found at: Information to be supplied by MnDOT for a project may include the following: Plans showing existing topography, locations of the existing and proposed structures and locations of borings. American Society for Testing and Materials (ASTM), American Association of State Highway & Transportation Officials (AASHTO), and MnDOT Standard Specifications. Deliverables to be supplied by the consultant for a project may include the following: Final Geotechnical Report Materials Design Recommendation (if required). Provide preliminary design results regarding allowable bearing capacity, foundation types and suitability of on site soils. Final report summarizing the results of the testing along with recommendations and conclusions signed by a qualified professional engineer licensed in the state of Minnesota. 9. Materials Testing and Special Inspections: requires testing various materials in accordance with the proper procedure, reporting results compared to the corresponding specifications, and making recommendations for materials disposition (if required). This work type is to provide Construction Materials Testing and Special Inspection during the construction of new or remodeled buildings per the MN State Building Code. The testing may include, but are not limited to the following items based on the type of construction present. Earthwork observation and testing, foundation and sub-grade observation, rebar placement inspection, cast-in-place concrete testing and cylinder testing, masonry inspection testing, and structural bolt inspection. In addition, inspection of field welding for structural steel or metal deck may be required. The company performing the materials testing shall also be prequalified to perform work under material testing. Standards and specifications required for a project under this work type may include the following: Reporting must meet requirements of MN State Building Code, International Building Code and recommendations as outlined in the specifications. Trained personnel with calibrated equipment will perform all test procedures in accordance with the requested standard. Test data and results shall be provided to MNDOT weekly or as determined by the project manager if greater or less frequency is required. The laboratory, not the company, performing the testing must be accredited by a recognized laboratory accreditation program. Deliverables to be supplied by the consultant for a project may include the following: Final Materials Test Report meeting the requirements of the Minnesota State Building Code. Periodic test reports shall be submitted as construction progresses. Final Materials Test Report (both paper and electronic) submitted to requestor upon completion and in conformance with the negotiated time requirements and frequency. The following applies to all categories of work under this Program and details what work will be performed when specific projects are identified under this Program (the term Contractor is utilized in this section to identify the selected responder assigned to a specific project): 1.0 Design Phase: 1.1 The Architectural Design Projects will develop the designs of maintenance and repair projects such as re-roofing, exterior and interior renovation project; and small new buildings, additions and remodels. 1.2 The Structural Design Project will develop the designs for new or remodeled buildings, including but not limited to truck stations, salt storage buildings and unheated storage buildings. The design will include all items necessary to provide construction documents for the foundation to the framing systems. Structural calculations shall be submitted to MnDOT. 1.3 The Civil Design Projects will develop the designs for resurfacing parking lots and maintenance storage yards, - 3 -

4 replacement of sidewalks, curb and gutters at rest areas and site improvement projects. 1.4 The Mechanical Design Projects will develop the design for replacement of Heating Ventilating and Air Conditioning (HVAC) and plumbing system including but not limited to furnace and air conditioning ventilations system, installation of building energy management systems, boiler replacement and repairs, plumbing replacement at rest area building and small building remodels and additions. To study the feasibility of the use of geothermal heating systems as part of the HVAC replacement work. If feasible, provide the design, construction documents and construction administration for the project. 1.5 The Electrical Design Projects will develop the designs for lighting upgrades, power distribution system upgrades and small building additions and remodels. 1.6 BAS & HVAC Commissioning Services must include developing and/or implement commissioning plan(s) for selected new and existing buildings. Provide reports on existing conditions of both BAS and the HVAC systems. Provide study/analysis of the BAS & HVAC systems including programming, conditions, operations, interface, test & balancing and sequence of control. Provide HVAC and BAS measures to produce energy savings and/or increase operational/ equipment effectiveness and reliability. Implement and direct BAS and HVAC changes/modifications. 1.7 The Water /Wastewater Design and Subsurface Sewage Treatment Systems Design projects will develop designs for new or replacement drinking water or wastewater systems including but not limited to determining well locations and depths, potable water collection systems, water treatment systems, wastewater collection and pumping systems, and subsurface sewage treatment and dispersal systems. Subsurface Sewage Treatment Systems Designers must have an Advanced Designers License. As a part of the design phase provide preliminary engineering report that focuses on development of design concepts that include options investigated (with life cycle and capital costs), risk, contractual liability, system reliability, hydraulic estimates, flows, loads and other important design criteria. The designs will include preparation of permits and required supporting documents. 1.8 An outline specification using the Construction Specifications Institute (CSI) Format will be provided for architectural, structural, civil, mechanical, BAS, electrical, and water and wastewater. 1.9 A cost estimate using CSI Specification Format will be provided The Contractor will attend all design review meeting, keep minutes of meeting and distribute to all attendees Soil Boring and testing: MnDOT will coordinate any soil borings and any testing required. 2.0 Construction Documents Phase 2.1 The Construction Document Phase of the project will begin with written approval of the design documents. 2.2 Construction / Working Drawings: All drawings will be done on CADD using a system compatible with Bentley Systems MicroStation V8i and able to easily be converted to AutoCAD, unless otherwise approved by MnDOT. All drawings to be in a *.DGN format with all items bound within the drawing. 2.3 All drawings (Architectural, Structural, Civil, Mechanical, Electrical, BAS, and Water and Wastewater) will be done on 22" x 34" sheets. Contractor may use their standard sheet layout providing that the sheet number is located in the lower right hand corner. For smaller projects 11" x 17" sheets may be used when approved by MnDOT. 2.4 Drafting and lettering on all drawings will be such a size and quality to permit reduction to one half size. Lettering will be no smaller than 14 point (approximately 1/8"). Graphic scales and north arrows will be provided on all plans, elevations, sections and details. 2.5 Building Code Information or other applicable codes will appear on the title page or sheet one of the drawings such as: Building Occupancy Classifications Occupant Loads Construction Type Snow Load Allowable Floor Areas vs. Actual Frost Depth Occupancy Separations Uniform Building Code (UBC) Edition Used for Building Mechanical and Electrical Codes used for the project Septic System Code Used Minimum Depth of pipe bury per region 2.6 Specifications/Project Manual: The Building Section will provide the bulk of Division 0 & 1 of the specifications in the CSI Three Part Format. These sections will be copy ready to be included with the Contractor's Divisions 2 thru 16 or

5 2.7 The Contractor may use their Standard Master Specifications using CSI 16 or 48 Divisions Format. 2.8 On most projects MnDOT will provide specification sections and/or a list of products and materials to be incorporated into Contractor s specification sections 2 thru 16 or 48. Where specification sections are provided, no additional products or materials will be added without the approval of the Building Section. 2.9 Review by MnDOT: When scope of work requests preliminary engineering reports and when the construction documents are 75% and 95% complete, the Contractor will submit a minimum of three sets of reports or plans for review (plans may be 11 x 17 plans provided all text is legible. Illegible plans will be rejected. ). One to two weeks after receiving the drawings a meeting will be scheduled with all Contractors working on the project to review the documents. The Contractor will also submit a cost estimate by specification sections to be used to determine the bidding requirement (Division 0) for the projects. Contractor will compile a master list of MnDOT comments with the Contractor s responses and will update on a regular basis. MnDOT may supply a format for the list When the documents are approximately 75% complete, the Contractor will submit the Initial Application for Plan Review form to the Department of Labor and Industry (DoLI Building Codes) The Contractor shall submit the Application for Plan Review form with two complete full size sets of construction documents, signed by the licensed professional responsible for the documents, to DoLI Building Codes, if they are performing the plan review, or to the Local Jurisdiction as directed by DoLI. 3.0 Bidding Procedures 3.1 MnDOT will prepare and arrange for the Solicitation Advertisement to be placed on-line with the Department of Administration for the week the documents will be issued for bidding. 3.2 Contractor will arrange for the reproduction of all documents required for MnDOT s plan reviews and the Contractor s use for the project. The cost of reproduction will be reimbursed at the amount stated in the Contractor s contract with an actual invoice from the reproduction company. 3.3 Two sets of full size plans, one set of half size plans and three specifications will be sent to MnDOT s Project Manager. 3.4 Two sets of full size plans, one set of half size plans and three specifications will be sent for the MnDOT Building User, Names and locations where to send these plans will be provides by MnDOT. 4.0 Instructions to Contractor: Digital Web Based Distribution System 4.1 Once the project documents are ready to be assembled, the Contractor must use Adobe Acrobat to create one document in pdf format that includes all the specifications and plans for the project (everything that is normally included in a paper plan set). If Contractor does not have digital files to incorporate into assembly, Contractor will need to make arrangements to have them scanned into a pdf format. The plans and specifications must be on one pdf file. If Contractor cannot combine them together into one file, then the separate files must be put together into one zip file for submission. 4.2 Set MN ADMIN Named Destinations and set Bookmarks (use Codes provided by MnDOT) in the completed pdf file in accordance with the requirements of the MnDOT s Project Manager. Improper bookmarks will be cause for rejection. It is imperative that Named Destinations are inserted exactly as shown in Codes including use of upper and lower case letters. Contractor must ensure that the pdf files are secured so they cannot be changed. Quest CD/DVD suggests that Contractor modify the pdf document properties to display the page and bookmarks when opened. 4.3 Once the Contractor has created the plan set as a pdf or zip file, Contractor must copy it onto a compact disk (CD/DVD) or Digital Versatile Disc (DVD). 4.4 After copying to a CD/DVD, Contractor must take some time to view the CD/DVD to make sure it is readable and bookmarked as instructed by the MnDOT s Project Manager. After the initial copy has been made, Contractor must make an additional copy on a CD/DVD. 4.5 Plans and specifications must be submitted to MnDOT as a single pdf file or zip file on a CD/DVD. Contractor must label the delivery envelope and the CD/DVD with the following information: Digital Solicitation Documents for: Project Name Project Facility & Location MnDOT Project Number 4.6 MnDOT will upload the CD/DVD onto the web based plan and specification distribution site. The plans and specifications will then be available for immediate download by interested parties. If the CD/DVD won t upload because there is a problem with the files the Contractor will be notified and a corrected CD/DVD will have to be - 5 -

6 resubmitted to MnDOT. 4.7 The Contractor cannot distribute the plans and specifications to any parties other than MMD, MnDOT, Contractor s subconsultants, DoLI Building Codes and DoLI Plumbing. 4.8 Contractor will prepare all necessary addendums using the format provided by MnDOT. Addendum may be sent out up until 5 working days before the bid opening. The Addendums will be posted MnDOT on the Digital Web Based Distribution System. 4.9 When issuing addenda during the bidding process, Contractor must convert native addenda files into a single pdf file just as Contractor did for the plans and specifications. The MnDOT s Project Manager may request that Contractor bookmark the file if it is extensive and set the document properties to display both page and bookmarks when opening Deliver the addenda as an attachment to MnDOT for posting. The Contractor cannot distribute the addenda to any parties other than MMD, MnDOT, DoLI Building Codes and DoLI Plumbing The Contractor, if requested, will provide to the Prime Construction Contractor that is awarded the project a complete digital project plan set and any ongoing changes in a pdf digital file format for their construction use. The Prime Construction Contractor will provide to their Construction Sub contractors, etc. all printed paper project plan specifications and drawings required for the construction for the project. All printing and distribution costs incurred will be at the Prime Construction Contractor s expense Interested parties may view the plans and specifications at no cost on the website or download the digital documents at a cost of established by the State. Please contact QuestCD/DVDN.com at or info@questcd/dvdn.com for assistance with downloading or working with this digital project information The bids will be received and opened in public by MnDOT at the location, date and time listed in the Solicitation Advertisement. Bid results will be posted on the Digital Web Based Distribution System Contractor is not required to attend the bid opening. MnDOT will send a representative to the bid opening After reviewing the bid results Contractor will send a letter to MnDOT either recommending the award of the contract or rejecting the bids. If recommending to reject a bid or all of the bids, the reason should be stated as to why the recommendation to reject (does not meet qualifications, not bidding as specified, etc.) The Construction Contract will be prepared and sent to the Construction Contractor by MnDOT. 5.0 Construction Administration 5.1 The Contractor will schedule the preconstruction meeting with the Construction Contractor and MnDOT. MnDOT will run the meeting, and the Contractor will take minutes and distribute them to all attendees. A separate Labor Compliance meeting will be held, and run, by MnDOT directly after the preconstruction meeting. 5.2 The Construction Contractor will submit their Request for Payment to the Contractor on the State of Minnesota Request For Payment Construction Contract Form, which will be provided at the preconstruction. The Contractor will review the job progress and sign on the back of the form. 5.3 At the preconstruction meeting construction progress meetings will be scheduled. The Contractor will attend these meeting as per the contract, take minutes and submit copies to MnDOT, Building Users and the Construction Contractor. 5.4 The Contractor will keep two (2) copies of each shop drawing for MnDOT. 5.5 The Contractor and their sub-contractor will schedule a pre-substantial completion inspection to prepare a punch list with the Construction Contractor and their major subcontractors. 5.6 The Contractor will schedule the substantial completion inspection with MnDOT, all subcontractors, and the Construction Contractor and their major subcontractors to review the punch list and determine the final completion date. 5.7 The Contractor will prepare and distribute the punch list to all parties. 5.8 The Contractor will prepare the Certificate of Substantial Completion and send to MnDOT and the Construction Contractor for their signature. 5.9 At the completion of the project, the Contractor will transfer the Construction Contractors marked up drawings from the job site to their CADD drawings and furnish MnDOT a Hard Copy and Disk Copy of all construction drawings (as built). The Contractor will collect all closeout required documents from the Construction Contractor and forward these to the MnDOT Project Manager The Contractor will schedule the 10 Month Inspection, if required by the contract, at approximately 10 months after the Date of Substantial Completion with MnDOT and the Construction Contractor, prepare and distribute a final punch list to all parties as necessary The Contractor will prepare a draft of all Construction Contract Supplements

7 Proposal Content The following will be considered minimum contents of the proposal and must be submitted in the order listed: 1. Responder s name, business address, the contact person s name, telephone and fax number, and address (if available). 2. Specify the service category (ies) for which Responder is applying, and the contact name/project Manager for each category. 3. Provide a detailed description of the Responder s experience as it relates to the scope of work for each category for which the Responder is applying. 4. Provide a list of personnel that will be performing work in each category for which the Responder is applying. Provide resumes of all key personnel the Responder anticipates using on projects under this Program. Should personnel change during the course of this program, a resume of the proposed new personnel must be sent to MnDOT s Project Manager and Contract Administrator for approval. No change in personnel assigned to the project will be permitted without the written approval of MnDOT s Project Manager. 5. Provide a list up to five (5) of the Responder s current and past clients, including the public sector, within the last three years applicable for each category of work for which the responder is applying. Include contact names, phone numbers and a brief description of services that were provided. 6. Provide three examples of Responder s work for each of the applicable categories, total not to exceed five sheets per category. The principal personnel who will be assigned to work under this Program must have completed the representative samples. 7. All Forms and Documents required in any section of this RFP. 8. Cost Proposal: Provide, in a separate envelope, one copy of the cost proposal, clearly marked on the outside Cost Proposal, along with the responder s official business name and address. Provide an hourly billing rate (including overhead, profit, and salary) and classification for all employees who would be working in each service category for which your firm is applying. This includes all required personnel listed in this RFP and any additional personnel your firm may require to complete all tasks within each service category for which you are applying. Make sure that all required personnel for each service category that you are applying for are included in your cost information. You may be disqualified from a service category if the required personnel and their hourly rates are not included in your cost information. Also, supply an itemized list of all other Direct Expenses that are typically charged to the category of work that is being applied for. The cost information is required to be signed in ink by a corporate officer. All rates will be used in determining the cost portion of the proposal evaluation. Do not include any cost information within the body of the technical response to the Request for Proposal. 9. Pre-Award Audit Package: Please be aware that selected responders will be required to submit the Pre-Award Audit Package which can be found at: MnDOT realizes that this information is sensitive and considers the financial statements/tax returns, stockholder information and overhead rate information to be extremely confidential. Questions Responders who have any questions regarding this RFP must submit questions by only to: Kelly Arneson Kelly.Arneson@state.mn.us. All questions and answers will be posted on MnDOT s Consultant Services Web Page at

8 under the P/T Notices section. All prospective responders will be responsible for checking the web page for any addendums to this RFP and any questions that have been answered. Note that questions will be posted verbatim as submitted. Questions regarding this RFP must be received by MnDOT no later than 2:00 p.m. Central Daylight Time August 8, MnDOT anticipates posting answers to such questions no later than 2:00 p.m. Central Daylight Time on August 9, No other MnDOT personnel are allowed to discuss the RFP before the proposal submission deadline. Contact regarding this RFP with any personnel not listed above may result in disqualification. Proposal Submittal All proposals must be mailed (United States Postal Service), expressed (UPS, FedEx or other similar express carrier) or dropped off to the attention of: Kelly Arneson, Contract Administrator Minnesota Department of Transportation 395 John Ireland Boulevard Consultant Services Section, Mail Stop 680 Saint Paul, Minnesota All proposals must be received no later 2:00 p.m. Central Daylight Time on August 16, Please note that MnDOT procedures do not allow non-mndot employees to have access to the elevators or the stairs. You should plan enough time and follow these instructions for drop-off: Enter through the Rice Street side of the Central Office building (1 st Floor). Once you enter through the doors, you should walk straight ahead to the Information Desk. Proposals are accepted at the Information Desk only. The receptionist will call the Contract Administrator to come down and to time stamp the proposal. Submit 5 hard copies and one (1) electronic copy of the proposal. Proposals are to be submitted in a sealed mailing envelope or package, clearly marked Proposal on the outside. An authorized member of the firm must sign each copy of the proposal in ink. Proposal Evaluation Representatives of MnDOT will evaluate all responses received by the deadline. In some instances, an interview may be part of the evaluation process. A 100-point scale will be used to create the final evaluation recommendation. The factors and weighting on which proposals will be judged are: Evaluation Step One The factors and weighting on which proposals will be judged for Step One are: MnDOT will review proposals according to the following criteria: 1. Qualifications and Experience of the Responder (firm) 20% 2. Qualifications and Experience of the Key Personnel 20% 3. Comparable Complexity and Applicability of Work for Past and Current Clients 10% 4. Work Examples 30% 5. Cost 20% Evaluation Step Two - MnDOT will establish a technical ranking of the responders prior to opening Cost Information based upon the scores in Step One. Once the technical scores are complete, MnDOT will add points for cost. A short- list of vendors eligible for award will be determined based on the combination of the technical and cost scores. Proposals will be evaluated on a best value basis with 80% qualifications and 20% cost considerations. The review committee will not open the cost proposal until after the qualifications points are awarded

9 Responders must adhere to all terms of this RFP. General Information Late responses will not be considered. Fax and responses will not be considered. All costs incurred in responding to this RFP will be borne by the responder. MnDOT Not Obligated To Complete Project This RFP does not obligate MnDOT to award a Contract or complete the project, and MnDOT reserves the right to cancel the solicitation if it is considered to be in its best interest. Proposal Certifications By submitting a Proposal, responders warrant that the information provided is true, correct and reliable for purposes of evaluation for potential Contract award. The submission of inaccurate or misleading information may be grounds for disqualification from Contract award and may subject the responder to suspension or debarment proceedings, as well as other remedies available to MnDOT, by law. Disposition of Responses All materials submitted in response to this RFP will become property of MnDOT and will become public record, in accordance with Minnesota Statutes , after the evaluation process is completed. Pursuant to the Statute, completion of the evaluation process occurs when MnDOT has completed negotiating the Contract with the successful responder. If the responder submits information in response to this RFP that it believes to be trade secret materials, as defined by the Minnesota Government Data Practices Act, Minnesota Statutes 13.37, the responder must: Clearly mark all trade secret materials in its response at the time the response is submitted, Include a statement with its response justifying the trade secret designation for each item, and Defend any action seeking release of the materials it believes to be trade secret, and indemnify and hold harmless the State, its agents and employees, from any judgments or damages awarded against the State in favor of the party requesting the materials, and any and all costs connected with that defense. This indemnification survives the State s award of a contract. In submitting a response to this RFP, the responder agrees that this indemnification survives as long as the trade secret materials are in possession of the State. The State is required to keep all the basic documents related to its contracts, including responses to RFPs for a minimum of seven years. MnDOT will not consider the prices submitted by the responder to be proprietary or trade secret materials. Contingency Fees Prohibited Pursuant to Minnesota Statutes 10A.06, no person may act as or employ a lobbyist for compensation that is dependent upon the result or outcome of any legislation or administrative action. Affidavit of Noncollusion Responders must complete the attached Affidavit of Noncollusion and submit it as part of the proposal. Worker s Compensation Insurance The successful responder will be required to submit acceptable evidence of compliance with workers compensation insurance coverage requirements prior to execution of the Contract. Pre-Award Audit Requirement The successful responder will be required to submit pre-award audit information and comply with audit standards and failure to do so may result in disqualification. Conflicts of Interest - 9 -

10 Responders must provide a list of all entities with which it has relationships that create, or appear to create, a conflict of interest with the work that is contemplated in this RFP. This list should indicate the name of the entity, the relationship and a discussion of the conflict. Responders must complete the attached Conflict of Interest Checklist and Disclosure Form and submit it as part of the proposal. Organizational Conflicts of Interest The responder warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances, which could give rise to organizational conflicts of interest. An organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons, a vendor is unable or potentially unable to render impartial assistance or advice to MnDOT, or the successful responder s objectivity in performing the Contract work is or might be otherwise impaired, or the successful responder has an unfair competitive advantage. The responder agrees that, if after award, an organizational conflict of interest is discovered, an immediate and full disclosure in writing must be made to MnDOT, which must include a description of the action, which the successful responder has taken or proposes to take to avoid or mitigate such conflicts. If an organizational conflict of interest is determined to exist, MnDOT may, at its discretion, cancel the Contract. In the event the responder was aware of an organizational conflict of interest prior to the award of the Contract and did not disclose the conflict to MnDOT, MnDOT may terminate the Contract for default. The provisions of this clause must be included in all subcontracts for work to be performed similar to the service provided by the prime contractor, and the terms contract, contractor, and contracting officer modified appropriately to preserve MnDOT s rights. E-Verify Certification (In accordance with Minnesota Statutes 16C.075) By submission of a proposal for services in excess of $50,000, responders certify that as of the date of services performed on behalf of MnDOT, responder and all its subcontractors will have implemented or be in the process of implementing the federal E-Verify program for all newly hired employees in the United States who will perform work on behalf of MnDOT. In the event of Contract award, the successful responder will be responsible for collecting all subcontractor certifications and may do so utilizing the E-Verify Subcontractor Certification Form available at All subcontractor certifications must be kept on file with the successful responder and made available to MnDOT upon request. Veteran-Owned Preference In accordance with Minnesota Statutes 16C.16 (subdivision 6a) and 16C.19, eligible certified veteran-owned small businesses will receive a 6 percent preference in the evaluation of their proposal. To be eligible for the preference, a business must have its principal place of business in Minnesota and must be certified by the Unites States Department of Veterans Affairs as either a veteran-owned small business or a service-disabled veteran-owned small business. To claim the preference, the responder must complete the Veteran-Owned Business Preference form and submit it with its proposal. Only eligible, certified, veteran-owned/service disabled small businesses that provide the required documentation, per the form, will be given the preference. Eligible veteran-owned and eligible service-disabled veteran-owned small businesses must be currently certified by the United States Department of Veterans Affairs prior to the solicitation opening date and time to receive the preference. Information regarding certification by the United States Department of Veterans Affairs may be found at Early Retirement Incentive Reemployment Prohibition Laws of Minnesota 2010, Chapter 337, Subdivision 5, provided an early retirement incentive to some State of Minnesota employees. The law provides that an individual who received an early retirement incentive payment may not be hired as a consultant by any agency or entity that participates in the State Employee Group Insurance Program for a period of three years after termination of service. By submitting a proposal under this RFP, the responder certifies that it will not utilize any former state employee in the performance of a contract who received an retirement incentive payment under Laws of Minnesota 2010, Chapter 337, unless three years have passed from the date of the employee s separation from state service

11 Certification Regarding Lobbying Federal money will be used (or may potentially be used) to pay for all or part of the work under the Contract, therefore the responder must complete the attached Certification Regarding Lobbying and submit is as part of the proposal. Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion Federal money will be used (or may potentially be used) to pay for all or part of the work under the Contract; therefore responders must certify the following, as required by the regulations implementing Executive Order Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions Instructions for Certification: 1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below. 2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 3. The prospective lower tier participant will provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances. 4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverages sections of rules implementing Executive Order You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations. 5. The prospective lower tier participant agrees by submitting this response that, should the proposed covered transaction be entered into, it will not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated. 6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transaction, without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs. 8. Nothing contained in the foregoing will be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 C.F.R. 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment. 10. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. 11. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant will attach an explanation to this proposal. Affirmative Action Certification For all Contracts estimated to be in excess of $100,000.00, responders are required to complete the attached Affirmative Action Certification page and submit it as part of the proposal

12 As required by Minnesota Rules Part Minnesota Statutes 363A.36 and Minnesota Rules will be incorporated into any Contract resulting from this RFP. A copy of Minnesota Statutes 363A.36 and Minnesota Rules are available upon request from MnDOT. Sample Contract You should be aware of MnDOT s standard Contract terms and conditions in preparing your response. A sample State of Minnesota Professional/Technical Contract is attached for your reference. Much of the language reflected in the Contract is required by statute. If you take exception to any of the terms, conditions or language in the Contract, you must indicate those exceptions in your response to this RFP; certain exceptions may result in your response being disqualified from further review and evaluation. Only those exceptions indicated in your response to this RFP will be available for discussion or negotiation. Travel Reimbursements Reimbursements for travel and subsistence expenses actually and necessarily incurred by the successful responder, as a result of the Contract, will not exceed the amounts provided in the current MnDOT Travel Regulations. Reimbursements will not be allowed for travel and subsistence expenses incurred outside of Minnesota, unless the successful responder has received MnDOT s written approval for out-of-state travel. Minnesota will be considered the home base for determining whether travel is out-of-state. Insurance Requirements 1. Insurance Certificates and Continuity of Coverage Required. The successful responder must provide a certificate of insurance showing that they have each type of insurance coverage and limits required under this Contract. The certificate must be filed with MnDOT s Authorized Representative within 30 days of execution of this Contract. Each policy and Certificate of Insurance must contain a 30 day notice of cancellation, nonrenewal or changes in coverage or limits to all named and additional insured. The successful responder must maintain such insurance in full force and effect throughout the term of this Contract. 2. Required Insurance. The following insurance coverages are required: a. Workers Compensation Insurance: Except as provided below, the successful responder will be required to provide Workers Compensation insurance for all its employees and, in case any work is subcontracted, will require its subcontractor(s) to provide Workers Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Coverage B, Employer s Liability. Insurance minimum limits are as follows: $100, Bodily Injury by Disease per employee $500, Bodily Injury by Disease aggregate $100, Bodily Injury by Accident If Minnesota Statutes exempts the successful responder from Workers Compensation insurance requirements, or if such responder has no employees in the State of Minnesota, they will be required to provide a written statement, signed by an authorized representative, indicating the qualifying exemption. If, during the course of the Contract, the successful responder becomes subject to the workers compensation insurance requirements, they will then be required to comply with such requirements and to provide MnDOT with a Certification of Insurance evidencing such coverage. b. Commercial General Liability Insurance: The successful responder will be required to maintain insurance protecting it from claims for damages for bodily injury, including sickness or disease, death and for care and loss of services as well as from claims for property damage, including loss of use which may arise from operations under the Contract whether the operations are by it or by a subcontractor or by anyone directly or indirectly employed by the successful responder pursuant to the Contract. Insurance minimum limits are as follows: $2,000, per occurrence $2,000, annual aggregate $2,000, annual aggregate Products/Completed Operations The following coverages must be included: Premises and Operations Bodily Injury and Property Damage

13 Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability State of Minnesota named as an Additional Insured c. Commercial Automobile Liability Insurance: The successful responder will be required to maintain insurance protecting the responder from claims for damages for bodily injury as well as from claims for property damage resulting from the ownership, operation, maintenance or use of all owned, hired, and non-owned autos which may arise from operations under the Contract, and in case any work is subcontracted the responder must require the subcontractor to provide Commercial Automobile Liability. Insurance minimum limits are as follows: $2,000, per occurrence Combined Single limit for Bodily Injury and Property Damage In addition, the following coverages should be included: Owned, Hired and Non-owned Automobile d. Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability Insurance. The successful responder will be required provide coverage for all claims the successful responder is legally obligated to pay resulting from any actual or alleged negligent act, error or omission related to the successful responders professional services performed under this Contract. Unless otherwise specified within this Contract, the successful responder s professional liability insurance minimum limits are as follows: $2,000, per claim $2,000, annual aggregate On request, the successful responder must allow MnDOT to view reviewed or audited financial statements signed by a Certified Public Accountant which provides evidence that the successful responder has adequate assets to cover any deductible in excess of $50, that applies to this policy. MnDOT will treat such financial statements as non-public data to the extent permitted by the Minnesota Government Data Practices Act. The retroactive or prior acts date of coverage must not be later than the effective date of this Contract and the successful responder must maintain such coverage for a period of at least three years following the completion of work. If such insurance is discontinued, then extended reporting period coverage must be purchased to fulfill this requirement. e. Additional Insurance Conditions: i. The successful responder policies will be primary insurance to any other valid and collectible insurance available to MnDOT with respect to any claim arising out of the successful responder performance under this Contract; ii. If the successful responder receives a cancellation notice from an insurance carrier affording coverage herein, the successful responder agrees to notify the State of Minnesota within five business days with a copy of the cancellation notice, unless the successful responder s policy(ies) contain a provision that coverage afforded under the policy(ies) will not be cancelled without at least 30 days advance written notice to the State of Minnesota. iii. The successful responder policies and Certificates of Insurance will contain a provision that coverage afforded under the policies will not be canceled without at least 30 days advance written notice to MnDOT; iv. The successful responder is responsible for payment of Contract related insurance premiums and deductibles; v. If the successful responder is self insured, a Certificate of Self-Insurance must be attached; vi. The successful responder policies will include legal defense fees in addition to its liability policy limits, with the exception of part d above; and vii. The successful responder will obtain insurance policies from insurance companies having an AM BEST rating of A minus, a Financial Size Category VII, or better, and authorized to do business in the state of Minnesota. 3. Right to Terminate. MnDOT will reserve the right to immediately terminate the Contract if the successful responder is not in compliance with the insurance requirements and retains all rights to pursue any legal remedies against the successful responder. All insurance policies must be open to inspection by MnDOT and copies of policies must be submitted to MnDOT s Contract Administrator upon written request