REQUEST FOR PROPOSAL #44380 FOR REPLACEMENT OF THE STAIRS No.1 & No.5 AND THE ENTRY DOOR NEAR STAIR NO.1 IN THE DEWATERING COMPLEX II OF THE WWTP

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1 CITY OF DETROIT WATER AND SEWERAGE DEPARTMENT OFFICE OF PURCHASING DIVISION 9300 W. JEFFERSON AVE. DETROIT, MICHIGAN PHONE: FAX: REQUEST FOR PROPOSAL #44380 FOR REPLACEMENT OF THE STAIRS No.1 & No.5 AND THE ENTRY DOOR NEAR STAIR NO.1 IN THE DEWATERING COMPLEX II OF THE WWTP ADVERTISE DATE: April 4, 2013 Mandatory Site Visit: PROPOSAL DUE DATE All vendors are strongly encouraged to attend the site tour 10:00 a.m., April 22, 2013, 9300 West Jefferson, 2 nd Floor Conference Room, Detroit, MI Please be advised that all referenced documents can be reviewed at this time. Bids from Proposers that have not attended a mandatory site tour will be rejected. Please Contact Parvez for any questions regarding the site visit. May 13, :00 p.m. local time Water & Sewerage Purchasing Department 9300 W. Jefferson, Suite 213 Detroit, Michigan Attn: Tina Clinkscales, CPPB QUESTIONS: All questions must be received in writing no later than April 24, All questions should be sent to the attention of Tina Clinkscales, CPPB, 9300 W. Jefferson, Suite 213, Detroit, MI 48209, or ed to clinksca@dwsd.org. No phone calls will be accepted. All inquiries must be in writing. Note: Due to increased security measures please allow ample time to pass through security in order to submit your sealed proposal in accordance with the proposal due date referenced above. PUBLIC RECORDING May 13, 2013 at 3:00 p.m. To be held in Water & Sewerage -Purchasing Department Proposals must be in the actual possession of the Purchasing Division at the location indicated on or prior to the exact date and time indicated above. Late proposals will not be accepted. 1

2 CITY OF DETROIT DETROIT WATER AND SEWERAGE DEPARTMENT REQUEST FOR PROPOSALS #44380 REPLACEMENT OF THE STAIRS No.1 & No.5 AND THE ENTRY DOOR NEAR STAIR NO.1 IN THE DEWATERING COMPLEX II OF THE WWTP 2

3 DETROIT WATER AND SEWERAGE DEPARTMENT REPLACEMENT OF THE STAIRS No.1 & No.5 AND THE ENTRY DOOR NEAR STAIR NO.1 IN THE DEWATERING COMPLEX II OF THE WWTP TABLE OF CONTENTS Item Description Page I. General Instructions 4 II. Scope of Project 6 III. Project Schedule 12 IV. Proposal Submission 12 V. Evaluation Criteria 14 VI Modification of Services After Contract Approval 19 VII. Changes in Fact 19 VIII. Confidentiality of Proposals 19 IX. News Release 20 X. Changes in Proposal Requirements 20 XI. Payment 20 XII. Clearances 20 XIII. Responsibility 20 XIV. Contract/Subcontracts for Portions of Work 20 XV. Sub contractual Relations 21 XVI Terminate for Convenience the Performance of work 22 XVII. Indemnification 25 XVIII. Bond Requirements 25 XIX. Conflict of Interest 26 RFP Attachments Signature Page Cost Information Sheet(s) Evaluation Response Sheet Summary of Proposer Involvement with Other DWSD and Non DWSD Projects Staff Experience Matrix Clearance Package Human Rights Announcement & Forms Detroit City Code (Section Standards of Conduct) Reference Form DWSD Special Conditions Equalization Eligibility/Affidavit Forms Statement of No Bid Local Economic Development Summary Prevailing Wage Ordinance & Form DWSD General Conditions 3

4 DETROIT WATER AND SEWERAGE DEPARTMENT REPLACEMENT OF THE STAIRS No.1 & No.5 AND THE ENTRY DOOR NEAR STAIR NO.1 IN THE DEWATERING COMPLEX II OF THE WWTP I. GENERAL INSTRUCTIONS A. Project Overview The Detroit Water and Sewerage Department (DWSD) requests written proposals to provide complete demolition and installation of new Stairs (Stair No.1 & Stair No.5) and a new entry door (near Stair No.1) of the Sludge Dewatering Complex II of the Wastewater Treatment Plant located at 9300 W. Jefferson Avenue, Detroit, Michigan B. Minimum Qualifications Proposals w ill only be accepted by DWSD from firms or project teams demonstrating a minimum one (1) year experience in furnishing and installation of stairs similar to the one described above. C. Proposal Submission Proposals must be received no later than 2:00 p.m., Detroit time May 13, 2013 All proposals received w ill be 3:00 p.m. May 13, There w ill be no public opening of the bids. The technical proposal shall be submitted in a sealed container clearly entitled " Proposal for DWSD RFP# The costing proposal shall be submitted in a separate sealed envelope clearly marked " Costing Proposal for DWSD RFP # The proposal shall be submitted to the follow ing address: D. Clarifications Water & Sewerage Department Office of Purchasing 9300 W. Jefferson, Suite 213 Detroit, Michigan Attention: Tina Clinkscales, CPPB, Manager II Questions regarding the procedures for submitting a proposal should be directed to Tina Clinkscales at (313) Questions regarding the technical nature of the w ork should be submitted to Ms. Tina Clinkscales in w riting via clinksca@dw sd.org, cc Daniel Schechter" < dschecht@dw sd.org> ; by April 24, Proposers shall provide w ritten notice of intent in the proposal to take exception to any requirement of the Request for Proposals (RFP). 4

5 E. Site Tour Should proposers be in doubt as to the true meaning of any portion of this Request for Proposals, or find any patent ambiguity, inconsistency, or omission herein, please make a w ritten request for an official interpretation or correction no later than ten (10) calendar days prior to the date set for submittal of the proposals. The firm making the request for an official interpretation or correction shall be held responsible for its prompt delivery to DWSD. Each interpretation or correction, as w ell as any additional RFP provision that DWSD may decide to include, w ill be made only as a Notice to RFP holders or as a Rider, w hich w ill be transmitted via to each firm on record as having received a copy of the RFP. Any Notice to RFP holders or Riders issued by DWSD shall become a part of the Request for Proposals and shall be taken into account by each firm in preparation of its proposal. Only w ritten Notices to RFP holders or Riders duly issued by DWSD shall be binding revisions to this Request for Proposals. Proposers are advised that no oral interpretation, information or instruction by any officer or employee of the City of Detroit (City) and/or DWSD shall be binding upon the City of Detroit. All vendors are strongly encouraged to attend the mandatory site visit held April 22, 10:00 a.m. at the Waste Water Treatment Plant, 9300 West Jefferson, 2 nd Floor Conference Room, Detroit, MI Please be advised that all referenced documents in the RFP can be reviewed at this time. Bids from Proposers that have not attended the mandatory site tour will be rejected. Proposers planning to attend the site tour shall comply w ith all Michigan Occupational Safety and Health Administration (MIOSHA ) regulations, and shall be responsible for furnishing their ow n personal protective gear such as hard hats and safety glasses. Please Contact Parvez for any questions regarding the site visit. 5

6 II. SCOPE OF PROJECT A. Background Dew atering Complex II houses belt filter presses, centrifuges & belt conveyors at different levels of the building. The Sludge Dew atering Complex II w as constructed in the seventies. DWSD decided to replace the existing stairs due to their deteriorating physical condition and the age. B. Scope of Work 1. General The task to be performed under this contract w ill involve the replacement of existing Stair No.1 & Stair No.5 including treads, stair stringers, railings, handrails, landings, any associated supporting structure and concrete excluding the first level of Stair No.1. The w ork also includes the replacement of one exterior door w ith its frame near Stair No.1, as listed under preliminary scope of w ork. 2. Available Reference Documents Reference documents pertaining to this project include PC-246 documents. All the documents stated above are available at the Wastew ater Treatment Plant, Document control for contractor s use. The contractor shall verify the completeness and accuracy of the documents. 3. Technical Requirements The contract resulting from the Request for Proposal (RFP) shall require the successful proposer to perform; all services to provide a complete replacement of Stair No.1 & Stair No.5 and the exterior door with the frame near Stair No. 1 to the expectations of the DWSD. Review available information as it pertains to this project, which includes available existing as-built/design drawings and /or specifications. Perform site visit(s) to understand the scope and complexity of the work. Fully and pro-actively coordinate with all applicable projects. 4. The preliminary scope of work (Work) involves the following: 1. Demolish, remove and dispose of Stair No.1, Stair No.5 and the exterior door with the frame near Stair No.1. a. Complete removal and disposal of concrete filled steel pan stairs, concrete filled landings, stair stringers, railings and handrails of Stair No.1 and Stair No. 5 excluding the first level of Stair No.1 at the Sludge Dewatering Complex II, without damaging the existing lights, conduits or pipes etc. 6

7 b. Demolish, remove and dispose of one exterior door with its frame near the Stair No. 1 at the Sludge Dewatering Complex II. c. The scope shall include all necessary finishing work to ensure that the final product is acceptable by the Owner. The Contractor shall visit the site to determine the full scope of demolition work by inspection at the site and facilities. If there are differences in the stated scope of work from the field conditions, the contractor shall advice DWSD immediately. 2. Furnishing and installation of the following : a. Prior to procurement and installation, the contractor shall review the drawings attached with this RFP and submit necessary installation drawings per the space constraint of the site, for DWSD review. b. Provide installation of concrete filled hot-dip galvanized steel pan stairs, concrete filled hot-dip galvanized steel pan landings, and hotdip galvanized steel handrails for Stair No.1 and Stair No.5 excluding the first level of Stair No.1 at the Sludge Dewatering Complex II, without damaging the existing lights, conduits or pipes etc. d. Repair the chipped concrete on the first level of Stair No.5. e. Sandblast and repaint all existing landing structural beams for Stair No.1 and Stair No.5. e. Provide installation of one exterior hollow metal door with frame including painting to match the existing ones near the Stair No.1 at the Sludge Dewatering Complex II. f. Drawings and specification sections that are directly related to the scope of work of this contract are attached to this RFP. 3. The Waste Water Treatment Plant (WWTP), at which the Work is to be performed, must be maintained as operational throughout the completion of the Work. 4. The contractor shall apply for and obtain all necessary permits for the replacement of the stairs. The contractor is also responsible for obtaining the necessary permits for the proper containment, removal and disposal of all contaminated materials that may be encountered during and in association with the construction activities related to this contract in accordance with local, state and federal requirements. Copies of the permits shall be furnished upon request. 5. The contractor shall comply with all applicable local, state and federal regulations. The contactor shall comply with all current applicable codes and acceptable industry standards. In the event of a conflict 7

8 between applicable regulations, codes and standards, the contractor shall comply with most stringent requirement. 6. The contractor may use any means or methods for proper demolition and disposal that comply with local, state and federal requirements and protect all existing underground and aboveground facilities at the site that will be retained. 7. For any system, or equipment item slated for demolition or removal, DWSD shall have first right of refusal on any salvageable equipment or part. 8. Progress meetings shall be required to review project progress, to ensure correct interpretation of these documents and to maintain general coordination between DWSD s and contractor s project personnel. 9. The contractor s approach to prosecution of the work shall be disclosed to the DWSD by the submission of a progress schedule. The contractor shall promptly take appropriate action to recover schedule whenever the contractor anticipates and required CPM activity to slip, due to acts or omission within the control of the contractor, by five (5) or more days beyond the contract time. If the contractor is not responsible for such schedule slippage, the contractor shall give prompt written notice of delay justifying contract extension and follow such notice by taking prompt appropriate action. The contactor s failure, refusal or neglect to take appropriate schedule recovery action or, in the alternative, give written notice of delay, and, in either case, to follow up with timely proposal schedule shall be reasonable evidence that the contractor is not prosecuting the work in due diligence. Any such contractor failure, refusal or neglect shall give sufficient basis to the DWSD to elect any of the following: (a) withhold liquidate damages of $500 per day and (b) in the DWSD s discretion, direct alternative schedule recovery action. 10. The contractor shall schedule and administer a Quality Assurance Program to ensure an acceptable level of quality for all products and services provided. The quality assurance program shall include plans, procedures and organization necessary to produce an end product which complies with the contract requirements. The project QC office shall be held responsible for the quality of work on the job and subject to removal by DWSD for non-compliance with quality requirements specified in the contract. The project QC officer in this context shall mean an individual with responsibility for the overall management of the project quality. 11. The contractor shall furnish personnel and equipment that will be efficient, appropriate and sufficient to secure a satisfactory quality of work and a rate of progress that will ensure the completion of the work within the time stipulated in the contract document. If at any time, such personnel appear to the DWSD to be inefficient, inappropriate or 8

9 insufficient for securing the required quality or rate of progress of work, it may order the contractor to increase the efficiency, change the character, or increase the personnel and equipment, and the contractor shall conform to such order. Failure of DWSD to give such order shall in no way the contractor of its obligation to secure the required quality or rate of progress of work. 12. The contractor shall protect all finished surfaces against damage, including jambs and soffits of all openings used as passageways or through which materials are handled. 13. All finished surfaces, both factory-finished and job finished, shall be clean and undamaged at the time of handling the equipment to DWSD. The contractor shall refinish all marred or damaged surfaces before DWSD s acceptance date. 14. The contractor shall be responsible for implementing a security program during construction for protection against unauthorized entry into work areas, prevention of theft of small tools, equipment and materials and willful destruction of property. The contractor shall coordinate security activities with DWSD s existing security program. 15. The contractor shall furnish on-site a covered, weather protected storage structure providing a clean, dry, non-corrosive environment for mechanical, electrical, instrumentation equipment for which work is in progress. All materials and equipment to be incorporated in the work shall be handled and stored by the contractor before, during and after shipment in a manner to prevent warping, twisting, bending, breaking, chipping, rusting and any injury, theft or damage of any kind to the material or equipment. 16. All material or equipment which, in the opinion of DWSD, have become so damaged as to be unfit for the use intended or specified shall be promptly removed from the site of the work, and the contractor shall receive no compensation for the damaged material or its removal. 17. The contractor shall arrange storage in a manner to provide easy access for inspection and make periodic inspection of stored products to assure that products are maintained under specified conditions, free from damage or deterioration. 18. The manufacturers of equipment and parts shall furnish two (2) sets of any special tools (including grease guns or other lubricating devices) required for normal adjustment, operation and maintenance, and disassembly, together with instructions for their use. The contractor shall preserve and deliver to DWSD these tools and instructions in good order before the completion of the contract. Tools shall be highgrade, smooth, forged, alloy, tool steel. Grease guns shall be levertype. 9

10 19. When contractor considers work is complete, submit written certification of: (a) work has been inspected for compliance with contract documents and deficiencies have been corrected, (b) work is complete and ready for final inspection. When DWSD finds work is complete, it will consider close-out submittals. 20. The contactor is required to keep the work area clean on a daily basis. Any debris, wastes, foreign matter, surplus material shall be removed from the work site on a daily basis. 21. For all parts of equipment supplied under this contract, submit a warranty from the equipment manufacturer. The manufacturer s warranty period shall be concurrent with the contractor s for one (1) year, unless otherwise specified. The equipment shall be warranted to be free from defects in workmanship, design, and material. If any part of the equipment shall fail during warranty period, it shall be replaced in the machine and unit restored to the service. The contractor shall guarantee to remove and replace, or repair in a manner satisfactory to the DWSD, at no cost to DWSD, all parts of work, including equipment, which, in opinion of the DWSD, proved defective either in material, workmanship or operation within one (1) year from the date of final acceptance of the contract work. The contractor shall supply without charge any service, material, or equipment required because of such defect. The warranty documents shall be provided to DWSD within 10 days after acceptance. 22. Insurance Requirements: a. Prior to the start of the contract, the contractor shall furnish Insurance to the City for the follow ing types and amounts: (i) Worker s Compensation & Employer s Liability: $500,000 Each Accident. $500,000 Disease Policy Limit. $500,000 Disease Each Employee. (ii) Commercial General Liability: $2,000,000 General Aggregate. $2,000,000 Products & Completed Operations Aggregate. $1,000,000 Personal & Advertising injury. $1,000,000 Bodily Injury and Property Damage (Each Occurrence). (iii) Automobile Liability: 10

11 $1,000,000 Combined single limit. $5,000,000 All contractors or contractors w ho either transport hazardous w aste or hazardous material but do treat, store, or dispose of hazardous w aste either on or off City property. (iv) Excess Liability Insurance: (Umbrella Form) $2,000,000 Each Occurrence. $2,000,000 Aggregate. b. City of Detroit shall be named as additionally insurance coverage (ii), (iii) and (iv) as show n above. 23. DWSD s Contractor Performance Evaluation program w ill be implemented under this contract, w hereby performance of the contractor w ill be evaluated periodically at any time during this contract as determined by DWSD. The evaluation w ill be conducted during a meeting w ith the contractor, w here the evaluation elements w ill be discussed and the contractor w ill be afforded the opportunity to review the scores and provide input to DWSD. The contractor performance evaluation information may be used by DWSD to help evaluate the contractor s capabilities to perform other w ork for DWSD in the future. 24. All information about DWSD s past, present and future activities disclosed by the DWSD to the contractor shall be considered by the contractor as confidential and proprietary and shall not be disclosed to any entity or individual (outside of legal action) w ithout the prior w ritten consent of the DWSD. With respect t o a subpoena, court order or other legal process, the contractor shall notify the DWSD of the demand for information before responding, and the contractor shall comply w ith this provision to the extent practicable. The contractor shall inform the contractor s personnel (including personnel of all sub-contractors) that any such DWSD information is not to be disclosed to any entity or individual except as permitted by this provision. The contractor shall take appropriate action to ensure that these obligations are fully satisfied. 25. Before the City can aw ard a contract to a successful proposer, that proposer must be eligible for clearance certificates from the City of Detroit Human Rights Department, Income Tax Division and the Revenue Collection Division. Clearance certificates are statements of proposer compliance w ith applicable City of Detroit Ordinances. Clearances are not required at the time the proposal is submitted. How ever, proposers are encouraged to obtain preapproval utilizing the Clearance Request Forms attached for your convenience. 11

12 III. PROJECT SCHEDULE The follow ing target dates have been adopted for this procurement: A. Contractor Selection and Contract Negotiations B. Proposed - Issue Notice to Start Work C. Completion of Construction (6 months) Note: The contractor shall pay the City the sum of five hundred dollars per day ($500.00/day) for each day that expires after the final completion date set in the construction schedule submitted by the contractor follow ing the reception of the Notice to Start Work and approved by the Ow ner. IV. PROPOSAL SUBMISSION A. Preparation of Proposal The proposal shall be in the format and w ith attachments and completed forms as specified in these instructions. Each proposal shall show the full legal name and business address of the prospective contractor, including street address if different from mailing address and shall be signed and dated by the person or persons authorized to bind the prospective contractor. Proposals by a partnership or joint venture shall list the full names and address of all partners or joint ventures. The state of incorporation shall be show n for each corporation that is a party to the proposed joint venture. The name of each signatory shall be typed below each signature. If requested by DWSD, satisfactory evidence of the authority of a signatory on behalf of the prospective contractor shall be furnished. The preparation of a proposal shall be at the expense of the prospective contractor. It is the sole responsibility of the prospective contractor to fully examine this RFP, Notices to RFP Holders and Riders (if any) and referenced documents. Questions shall be addressed as provided in Section I, General Instructions. Bound proposals in accordance w ith the follow ing Item B (Proposal Format and Contents) shall be submitted. All proposals submitted become the property of DWSD and w ill be subject to applicable Public Record law s. B. Proposal Format and Contents 1. Letter of Transmittal 12

13 The prospective contractor s proposal shall include a letter of transmittal not to exceed three (3) pages, signed by an individual, or individuals, authorized to bind the prospective contractor contractually. The letter must state that the proposal w ill remain valid for a period of four (4) calendar months from its due date and thereafter until the prospective contractor w ithdraw s it, or a contract is executed, or the procurement is terminated by DWSD, w hichever occurs first. 2. Proposal Format All information pertaining to the prospective contractor s approach in meeting the requirements of the RFP shall be organized and presented in prospective contractor s proposal. The instructions contained in these requirements must be strictly followed. The proposal shall be provided as described in the follow ing sections. The proposal shall be clearly marked and delivered in sealed boxes or envelopes. Accuracy and completeness are essential. Omissions are ambiguous or equivocal statements w ill be view ed unfavorably and w ill be considered in the evaluation. Since all or a portion of the successful proposal may be incorporated into any ensuing contract, all prospective contractors are further cautioned not to make any claims or statements that cannot be subsequently included in a legally binding agreement. One (1) Original, three (3) copies and a copy on a flash drive or disc, of the proposal shall be submitted and the information included therein should be concise as possible. Each copy shall not be more than fifty (50) pages in length, excluding any appendices, on 8-1/2 x 11 size paper w ith material printed on one side only and using double spaced typing. Charts and tables may be on 11 x 17 paper folded to 8-1/2 x 11 and bound w ithin the proposal package. DWSD reserves the right to reject any or all proposals and to waive any informality in proposals received, if it is in the best interest of the City of Detroit to do so. 3. Proposal Contents The prospective contractor s proposal shall contain the information identified in Section V. EVALUATION CRITERIA (below ) in the sequence presented and under the headings given. Prospective contractors w ho do not comply w ith this restriction may be considered non-conforming and summarily eliminated at the discretion of DWSD s Contractor Evaluation Committee. 13

14 The follow ing items and forms must be completed by prospective contractors and returned w ith their proposals: Detailed Work Plan Supporting Documentation Demonstrating Ability to Perform Work Separately bound Detailed Fee Proposal. Clarification of Proposals V. EVALUATION CRITERIA If clarification of the contents of any proposal is required, DWSD w ill request clarification by either w ritten or in-person response of the involved prospective contractor. Prospective contractors must be prepared at any time to visit DWSD s offices to clarify their proposals. DWSD uses a structured qualifications based selection process to evaluate proposals. Each proposal w ill be evaluated on its responsiveness to the technical and administrative criteria identified below. DWSD reserves the right to verify any and all material submitted, including contacting references. Please note that failure to supply any of the data or forms indicated may result in elimination of your proposal from further consideration in the evaluation process. In addition, DWSD reserves the right to w aive any non-conformances in proposals. Follow ing review of technical proposals, cost proposals w ill be opened and evaluated. Based on a review of the proposals against the technical and cost criteria, DWSD w ill rank the proposers. DWSD w ill enter into negotiations w ith a selected proposer w ith the objective of reaching agreement as necessary to enter into DWSD Contract for RFP No# If a contract cannot be negotiated w ith the proposer w ithin a reasonable time after the start of negotiations, or should DWSD determine, in its sole judgment, that negotiations are non-productive, DWSD reserves the right to cease negotiations and instead negotiate w ith, and aw ard a contract to, any of the other proposers. The Proposal evaluation w ill consider the overall value, quality, capabilities and cost of the offering to DWSD, the ability of the offering to satisfy DWSD needs and objectives, the Proposer s abilities, and the demonstrated likelihood that the Proposer w ill provide superior performance. Proposals w ill be evaluated using the evaluation criteria below and on the follow ing: PROPOSAL ELEMENT WEIGHT 1. Price (Cost proposal) Ability to Perform Work(Direct Experience) Work Plan and Organization Staff Experience 10 Total

15 If you have any questions regarding the evaluation procedure, please call Ms. Tina Clinkscales at A. Price/Cost Proposal 1. Submit total estimated w ork hours for completion of each Task, broken dow n by job category for each task as given in the Work Plan. Include a summary of the w ork hours for each Task as part of the Work Plan. Do not list your cost in the Work Plan. The cost should be submitted in a separate sealed envelope. 2. Include a job description for each job category, the hourly rate for each job category and an estimate of total costs by task. Each task is to include all administrative/management functions as w ell as all other overhead costs. DWSD w ill pay the actual hourly rate received by the employee. DWSD reserves the right to request an independent payroll audit for those performing services under this contract. Break dow n the total project cost and the cost for each phase of the w ork into direct labor, indirect costs, other direct costs, sub contractor costs and markups, profit, and escalation. The proposal should be developed for a fixed price contract. Refer to the RFP Section III (Project Schedule) for the target dates adopted for this procurement. 3. The contractor w ill be reimbursed only for costs allow able under the Code of Federal Regulations, 48 CFR Part 31. Indirect costs shall be slated as a percent of direct costs, and shall not exceed (a) one personnel residing full-time at site facilities provided by DWSD or provided by the contractor for w hich the contractor is reimbursed by the City as other direct costs. DWSD w ill not accept an overhead rate higher than one hundred sixty percent (160%) for home office personnel and one hundred forty-five percent (145%) for site facilities. Mark-ups shall not exceed (a) fifteen percent (15%) for direct costs (b) nine percent (9%) for indirect costs, and (c) five percent (5%) for sub contractor services. A mark-up for other direct costs w ill not be allow ed. As verification of the proposed overhead rate(s), the proposer may be asked to provide an audited overhead for the previous tw o (2) years as an appendix to the proposal. The audited overhead verification may be requested from each subcontractor or joint venture. 4. USE THE Cost Information Sheet AS PART OF YOUR COSTING DATA SUBMITTAL. Note that hourly rates are to be quoted at current pay levels. 5. You may substitute your ow n computer spreadsheet for the forms so long as all the data is included and displayed in the required format. 15

16 6. Please submit one (1) original, three (3) copies and a copy on a flash drive or disk, of your costing proposal in a separate; sealed envelope marked COSTING PROPOSAL FOR RFP NO As verification of the proposed overhead rate(s), the proposer may be asked to provide an audited overhead for the previous tw o (2) years as an appendix to the proposal. The submitted material w ill be review ed by DWSD and returned to the proposer. DWSD reserves the right to request certified payroll rates as determined by an independent auditor. The contractor w ill be expected to require the same maximum overhead and mark-ups, as provided above, in all Subcontractor agreements for this project. B Ability to Perform the Work 1. List at least one (1) but no more than tw o (2) similar projects completed during the preceding ten (10) years along w ith client name and telephone number, w hich best represent your capabilities relative to this project. The number of listed projects shall represent the proposing team' s collective experience (i.e., the prime contractor and subcontractors as a w hole). In the event that more than tw o (2) projects are listed for the entire proposing team, DWSD w ill exclude all listed projects past the first tw o (2). DWSD' s proposal evaluation w ill be based on the extent to w hich these projects demonstrate your ability to fulfill DWSD requirements and not on the number of projects listed. The contractor should give a brief description of each project according to the w ork as described above. The description should include the original contractor services contract budget, your firm' s budget as a percentage of contract budget, a brief statement on your firm' s involvement in the project, final contractor services contract budget and any additional information w hich you believe w ill assist DWSD in evaluating past performance. Regardless of their inclusion on the listed projects, the Contractors performance on DWSD projects may be taken into consideration by the Proposal Evaluation Committee. 2 Explain how your experience on the listed projects demonstrates: a) that you meet the minimum qualifications described in Section I.B; b) your ability to perform the tasks itemized in Section II; c) your ability to identify and implement DWSD s requirements; d) evidence of past performance and ability to complete tasks on time and w ithin budget; 16

17 e) your know ledge of local conditions, DWSD requirements and procedures; f) your ability to w ork w ith regulatory agencies; and i) your know ledge of MDEQ, OSHA, MIOSHA, U.S. EPA, and MDOT requirements regarding environmental compliance. 3. Provide the names and telephone numbers of at least three (3) persons representing clients for w hom the proposer has performed w ork similar to that proposed, and w ho may be contacted as references. Preferably, these references should include DWSD or municipal agencies similar to DWSD, and should include the types of recent projects cited above. 4. List descriptions of any contracts w hich have been terminated, including the circumstances surrounding the termination. Provide the name and telephone number of your client' s representatives of any such contracts. 5. List descriptions of all legal proceedings, law suits, or claims w hich have been filed against any firm w ithin the proposing team or any of the firm' s past or present employees w ithin the past five (5) years. Indicate circumstance w here you actually paid all or part of the claim. C. Work Plan and Organization Submit a detailed w ork plan w hich describes your approach to all tasks you have determined to be necessary to complete the entire scope of w ork for this contract. Indicate w hen your firm w ill be ready to start w ork on this contract, if aw arded. Describe the proposer' s team composition by indicating how it intends to perform the w ork, i.e., as an independent company, a partnership, a joint venture, or a combination involving a prime and subcontractors. The role of each participating entity shall be fully described. Indicate the intent of the proposer relative to office location, functions and w ork to be performed there, the anticipated resident staff, and anticipated percentage of w ork to be performed in the City of Detroit. Final details are not required at this time. Any firm listed as providing services to the project must be assigned a corresponding percentage of the contract on the Local Economic Development Summary form. 17

18 D. Staff Experience Provide a detailed table of organization, show ing the names of each team member to be assigned to this project, their functions, and total w ork hours for each phase in the " SCOPE OF WORK". Indicate w hether the person is employed by the prime contractor or a subcontractor. You must include as appendices to your technical proposal for (i) your project manager and key personnel, (ii) key personnel of each proposed subcontractor, and (iii) the staff nominated for the positions described in the Staff Experience Matrix. Using the Staffing Response Sheets (attached) indicate (as an appendix to your technical proposal) w hether the proposed project manager, key personnel, or any member of the staff nominated for the positions described under Staff Experience Matrix are currently w orking on other DWSD and non-dwsd contracts. If so, please indicate how their involvement on this project w ill impact timely performance of previous contracted services to DWSD, and indicate how their involvement w ith non-dwsd contracts w ill impact their performance on this project. Additionally, indicate the percent of time the project manager w ill be assigned to this project. You may substitute your own computer spreadsheet for this form as long as all the information is included and displayed in the required format. Using the Staff Experience Matrix (to be included as an appendix to your technical proposal), and based on the staff nominated under the Evaluation Criteria section V, Item B (Staff Experience), list for each staff member (prime contractors and subcontractors) the current employer name, the staff position/responsibility listed under your table of organization for this project, and total years of experience. Using the projects listed under the Evaluation Criteria item A (Ability to Perform the Work), indicate in w hich of the listed project(s) each staff member participated, the position on each listed project, and tenure at that position (in parentheses). You may substitute your own computer spreadsheet for this form as long as all the information is included and displayed in the required format. To the extent w ithin the proposer' s control, key personnel proposed for the project shall not be removed or replaced w ithout obtaining the DWSD' s w ritten consent at least thirty (30) days in advance. If any named key personnel shall be replaced for any reason, the proposer shall promptly assign an acceptable replacement that is not less qualified. DWSD shall have the right to interview and consent to any replacement of key personnel. E. Equalization Criteria (Attached) In evaluating competing cost proposals, Price Equalization Credits w ill be used to reduce the relatively cost of the price component for scoring purposes in accordance w ith the percentages outlined in the table below. A Proposer may not claim to be both a Customer Based Business (CBB) and a Detroit Based Business (DBB). All proposers must include in their Non- Economic Proposals completed Local Economic Development Summaries 18

19 using the Questionnaire and Equalization Eligibility Forms provided w ith this package. Proposers claiming DBB or CBB participation must complete and submit the Detroit Based Business Questionnaire and/or the Customer Based Business Questionnaire. F. Financial Capability DWSD is obligated to ensure that the financial strength of each proposer is adequate to carry out the services proposed. During the course of proposal evaluations, DWSD may ask any proposer to provide proof of financial capability. Such proof must be provided to the Department w ithin 48 hours of the proposer' s receipt of DWSD' s request. The submitted material w ill be review ed by DWSD and returned to the proposer. Acceptable proof of financial capability includes, but is not limited to, a current Dun and Bradstreet " Business Information Report" w ith financial rating or Income Statements for the previous three (3) fiscal years, audited by a Certified Public Accountant. The successful proposer for this project, if not previously asked to do so, w ill be required to present proof of financial capability at the time of contract negotiations. The submitted information w ill be review ed by DWSD and returned to the contractor. VI. MODIFICATION OF SERVICES AFTER CONTRACT APPROVAL The City reserves the right to modify the services provided by the vendor aw arded a contract. Any modification and resulting changes in pricing shall be made by amendment to the contract by the Vendor and the City. VII. CHANGES IN FACTS Proposers shall advise the City during the time the Proposal is open for consideration of any changes in the principal officers, organization, financial ability of, or any other facts presented in the proposal w ith respect to the proposer or the proposal immediately upon occurrence. VIII. CONFIDENTIALITY OF PROPOSALS Proposals shall be opened w ith reasonable precautions to avoid disclosure of contents to competing offers during the process of evaluation. Once proposals have been publicly recorded they are subject disclosure as per the requirements of the Michigan Freedom of Information Act. 19

20 IX. NEWS RELEASE New s releases pertaining to these proposal specifications or the provisions to w hich they relate shall not be made w ithout prior approval of the City and then only in coordination w ith the City. X. CHANGES IN PROPOSAL REQUIREMENTS The City may make changes to the requirements of this RFP, as it deems necessary. Such changes, if made, w ill be in w riting, issued through the Finance-Purchasing Department and w ill be sent to each Vendor w ho is on record as having requested a copy of the RFP. If changes are made, the City may, at its discretion, extend the time allow ed for submission of proposals XI. PAYMENT All properly executed invoices submitted by the successful vendor w ill be paid in accordance w ith the City of Detroit Prompt Payment Ordinance. XII. XIII. CLEARANCES The successful vendor w ill be required to obtain approved clearances from the Income Tax Division, Revenue Collections Division and Human Rights Department prior to City Council approval of the professional services contract. Clearance forms for these agencies have been attached to this RFP. Please fill them out completely and return them to the respective agencies by mail, fax, or dropping them off to the individual offices. It is the vendor s responsibility to obtain clearances. Approved clearances are not required to submit a response to the RFP but w ill be required of the successful vendor prior to City Council approval (if required). RESPONSIBILITY It shall be the responsibility of the Respondent to thoroughly review the provisions of this RFP. After executing the contract, no consideration w ill be give to any claim of misunderstanding. Respondents must state in their submission any clauses to w hich they take exception in the RFP. This w ill be factored in to the evaluation decision. Respondents are encouraged to review the entire RFP, including, but not limited to the Compliance w ith Law s, Insurance, Subcontracting, Indemnity, and Equalization Ordinance and Affidavit. XIV. CONTRACT/SUBCONTRACTS FOR PORTIONS OF THE WORK One aw ard of contract w ill be made to the highest ranked proposer in accordance to the terms and conditions listed w ithin the RFP. 20

21 1 Unless otherw ise required by the Cont ract Documents, the Contractor, as soon as practicable after the aw ard of the Contract, shall submit a separate w ritten request to the Director or his designee for approval of each proposed Subcontractor. Each request shall be on forms provided by the Director or his designee and shall provide the name and address of each proposed Subcontractor, the portion and the approximate cost of the Work to be sublet and evidence of insurance coverage secured by the proposed Subcontractor. As the Director or his designee may request, the Contractor shall promptly furnish and provide such additional information and evidence to demonstrate that the proposed Subcontractor has the necessary facilities, skill, integrity, experience, w ork force and financial resources to perform the Work. 2 The Contractor shall not contract w ith any such proposed Subcontractor to perform any portion of the Work w ithout the prior w ritten approval of the Director or his designee. The Detroit Water and Sew erage reserves the right to w ithhold approval of subcontracting portions of the Work w hich are deemed to not be in the Detroit Water and Sew erage' s best interest. 3 If the Director or his designee determines that the proposed Subcontractor is acceptable, approval w ill be indicated by signing and returning one copy of the submitted form to the Contractor. If the Director or his designee determines that the proposed Subcontractor is not acceptable, the Director or his designee w ill so notify the Contractor w ho, unless he determines to perform the Work previously designated for the proposed but not accepted Subcontractor, shall submit a substitute proposed Subcontractor acceptable to the Director or his designee. The Contract amount shall not be increased or decreased by the difference of cost occasioned by such substitution. 4 The Contractor shall make no substitution for any Subcontractor previously proposed and approved unless approved by the Director or his designee. XV. SUBCONTRACTUAL RELATIONS 1 By an appropriate agreement, the Contractor shall require each subcontractor, to the extent of the Work to be performed by the Subcontractor, to be bound to the Contractor by the terms of this Contract in all respects as if the Subcontractor w as the employee of the Contractor, and to assume tow ard the Contractor all the obligations and responsibilities w hich the Contractor, by this Contract, assumes tow ard the Detroit Water and Sew erage. 2 Such agreement shall preserve and protect the rights of the Detroit Water and Sew erage under the Contract w ith respect to the Work to be performed by the Subcontractor so that the subcontracting thereof w ill not prejudice such rights, and shall allow to the Subcontractor, unless specifically provided otherw ise in this Contract, the benefit of all rights, remedies and redress against the Contractor w hich the Contractor, by the Contract, has against the Detroit Water and Sew erage. Where appropriate, the Contractor shall require each Subcontractor to enter into similar agreements w ith his Sub-subcontractors. 21

22 3 The Contractor shall make available to each proposed Subcontractor, prior to the execution of the Subcontract, copies of this Contract to w hich the Subcontractor w ill be bound by this Paragraph, and identify to the Subcontractor any terms and conditions of the proposed Subcontract w hich may be at variance w ith the Contract. Each Subcontractor shall similarly make copies of this Contract available to his Sub-subcontractor. 4 The Director' s or his designee s approval of any Subcontractor shall not relieve the Contractor of any of his responsibilities, duties, and liabilities under this Contract. The Contractor shall be responsible to Detroit Water and Sew erage for the acts or defaults of his Subcontractor and such Subcontractor' s officers, agents and employees, each of w hom shall be deemed to be the agent or employee of the Contractor to the extent of his subcontract. 5 No approval by the Director or his designee of any proposed Subcontractor, nor any subcontract, nor any provision contained in this Contract shall create, or be deemed to create, any rights or relationship in favor of a Subcontractor and against Detroit Water and Sew erage, nor shall be deemed or construed to impose upon Detroit Water and Sew erage any obligation, liability or duty to a Subcontractor, or to create any contractual relationship w hatsoever betw een a Subcontractor and the Detroit Water and Sew erage. XVI. TERMINATE FOR CONVENIENCE THE PERFORMANCE OF WORK 1. In addition to the other conditions, provisions and terms provided in this Contract, the Detroit Water and Sew erage shall have the right to terminate for convenience the performance of Work and the Contract, in w hole or in part, w henever the Detroit Water and Sew erage shall determine that such termination is in the best interests of the Detroit Water and Sew erage. Any such termination shall be effected by delivery to the Contractor of a Notice of Termination specifying the extent to w hich performance of Work under the Contract is terminated, and the date upon w hich such termination becomes effective. 2. After receipt of a Notice of Termination and, except as otherw ise directed by the Detroit Water and Sew erage, the Contractor shall: a. Stop Work under the Contract on the date and to the extent specified in the Notice of Termination; b. Place no further orders or subcontracts for materials, services, or facilities except as may be necessary for completion of such portion of the Work under the Contract as w as not terminated; c. Terminate all orders and subcontracts to the extent that they relate to the performance of Work terminated by the Notice of Termination; d. Assign to the Detroit Water and Sew erage, in the manner, at the times, and to the extent directed by the Detroit Water and Sew erage, all of the right, title, and interest of the Contractor under the orders and subcontracts so terminated. In w hich case the Detroit Water and Sew erage shall have the right, in its discretion, to settle or pay any or all claims arising out of the termination of such orders and subcontracts; 22

23 e. Settle all outstanding liabilities and all claims arising out of such termination of orders and subcontracts, w ith the approval or ratification of the Detroit Water and Sew erage. Such approval or ratification shall be final and conclusive; f. Use his best efforts to sell, in the manner, at the times, to the extent, and at the price or prices directed or authorized by the Detroit Water and Sew erage, any materials, supplies or equipment provided, how ever, that the Contractor (a) shall not be required to extend credit to any purchaser, and (b) may acquire any such property under the conditions prescribed and at a price or prices approved by the Detroit Water and Sew erage and provided further, that the proceeds of any such transfer of disposition shall be applied In reduction of any payments to be made by the Detroit Water and Sew erage to the Contractor under the Contract or shall otherw ise be credited to the price or cost of the Work covered by the Contract or paid in such other manner as the Detroit Water and Sew erage may direct; g. Complete performance of such part of the Work as shall not have been terminated by the Notice of Termination; h. Take such action as may be necessary, or as the Detroit Water and Sew erage may direct, for the protection and preservation of the property related to the Contract that is in the possession of the Contractor and in w hich the Detroit Water and Sew erage has or may acquire an interest. 3. After receipt of a Notice of Termination, the Contractor shall submit to the Detroit Water and Sew erage his termination claim, in the form and w ith the certification prescribed by the Detroit Water and Sew erage. Such claim shall be submitted promptly, but in no event later than one (1) year from the effective date of termination, unless one or more extensions in w riting are granted by the Detroit Water and Sew erage upon request of the Contractor made in w riting w ithin such one (1) year period or authorized extension thereof. If the Detroit Water and Sew erage determines that the facts justify such action, it may receive and act upon any such termination claim at any time after such one (1) year period or extension thereof. Upon failure of the Contractor to submit his termination claim w ithin the time allow ed, the Detroit Water and Sew erage may determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall thereupon pay to the Contractor the amount so determined. 4. Subject to paragraph 3, the Contractor and the Detroit Water and Sew erage may agree upon the w hole or any part of the amount or amounts to be paid to the Contractor by reason of the total or partial termination of Work, w hich amount or amounts may include a reasonable allow ance for profit on Work completed, provided that such agreed amount or amounts, exclusive of settlement costs, shall not exceed the total Contract amount as reduced by the amount of payments otherw ise made and as further reduced by the Contract price for Work not terminated. The Contract shall be modified accordingly, and the Contractor shall be paid the agreed amount. Nothing in this Article shall be deemed to limit, restrict, or otherw ise determine or affect the amount or amounts w hich may be agreed upon to be paid to the Contractor pursuant to this paragraph. 23