PART II INSTRUCTIONS TO PROPOSERS Minnesota Department of Transportation SP 7408-29 TH 14/218 DESIGN-BUILD REQUEST FOR PROPOSALS
1 INTRODUCTION RFP and ITP. This Request for Proposals (RFP) is issued by the Minnesota Department of Transportation (Department) to solicit competitive bids for the design-build contract for the Trunk Highway (TH) 14/218 Design-Build Project (State Project 7408-29), as specified in Part I (Scope of Work) of this RFP. Bidders are invited to submit proposals to design and construct the project in accordance with the requirements and procedures set forth in these Instructions to Proposers (ITP) and in other parts of this RFP. Bidders should not rely on the limited information contained in the ITP, but should also refer to the other appropriate parts of the RFP documents for specific information and requirements. RFP Media. The RFP documents are provided both as hard copy and electronically, in read-only memory on a compact disk CD-ROM. They contain all technical requirements and contractual terms and stipulations pertaining to the project. Bid Submittal Deadline. Bids will be considered any time up to: 9:30 a.m. (CDT) on May 25, 2001 Bid Submittal Location Before Due Date. Bids submitted on any day before the due date must be mailed or delivered to: Gary Ericksen Minnesota Department of Transportation Office of Construction and Contract Administration, Room 120, M.S. 650 395 John Ireland Boulevard, St. Paul, MN 55104 Bid Submittal Location on Due Date. Bids submitted on the due date must be delivered to: The cafeteria in the Transportation Building of the Department at the above address Department Contact. The Department contact person and addressee for the receipt of requests for clarification and other written communications regarding this project and RFP is: Mike Kempinger, P.E., Resident Engineer Minnesota Department of Transportation 2900 48 th Street NW, Rochester, MN 55903-6177 Fax number: (507) 285-7465 E-mail address: mike.kempinger@dot.state.mn.us Definition. The terms bid and proposal are synonymous in this RFP. Contract Award Criteria. Notwithstanding Section 1303 of Mn/DOT s Standard Specifications for Construction (2000), the Department will award the design-build contract to the lowest responsible bidder that complies with all of the prescribed requirements of this RFP and the contract provisions. PART II INSTRUCTIONS TO PROPOSERS Page 1 of 8
2 PROCUREMENT SCHEDULE The Department intends that the TH 14/218 Design-Build procurement will proceed on the following schedule, but may at its discretion amend this schedule by issuing an addendum or a supplement to an addendum to this RFP. All dates are in 2001, and all times are Central Daylight Savings Time (CDT). Published announcement of RFP by the Department: RFP issuance by the Department: Deadline for submittal by bidders of questions for prebid meeting: Mandatory prebid meeting for bidders: Deadline for submittal of requests for clarification by bidders: Deadline for bid submittal by bidders and Public opening of bids by the Department: April April April 27, 4:00 p.m. May, 1, 10:00 a.m. May 15, 4:00 p.m. May 25, 9:30 a.m. Anticipated latest date for contract award and Notice to Proceed by Department: June 29 3 PROCUREMENT PROCESS 3.1 Prequalification for Bridge Design At the time the bid is submitted, the bidder s structural design consultant responsible for the bridge design portion of this project must be on the Department s biannual bridge design consultant list, which is available from Jeff Southward at the Office of Bridges and Structures, (651) 747-2214. 3.2 Examination of RFP and Requests for Clarification Bidder Responsibility. The bidder will be solely responsible for: Reviewing and examining, with appropriate care, all RFP documents, including any addenda issued PART II INSTRUCTIONS TO PROPOSERS Page 2 of 8
Requesting clarification or interpretation of any material discrepancy, deficiency, ambiguity, error, or omission in the RFP documents, or of any provision the bidder otherwise fails to understand Informing itself with respect to any and all conditions that may in any way affect the amount or nature of the bid, or the performance of the work in the event of contract award Failure of the bidder to inform itself as noted in this section will be at its sole risk, and no relief for error or omission will be provided by the Department. Third-Party Communications. If the bidder has meetings or discussions with other agencies or entities during the procurement phase, the bidder will be responsible for verifying with the Department any project-related information it so receives. Requests for Clarification. Any request by a bidder for clarification or interpretation of this RFP will be submitted only in writing to the Department as specified in Section 1 (Introduction) and by the deadline specified in Section 2 (Procurement Schedule). No oral requests for clarification or interpretation, whether in person or by telephone, will be accepted or responded to by the Department. 3.3 RFP Addenda and Clarification Notices Revisions to RFP. If the Department determines, at its sole and absolute discretion, that interpretation or clarification of the RFP or any other consideration requires a change in the RFP documents, the Department will prepare and issue a written revision (as an RFP addendum or supplement to an addendum). The Department reserves the right to revise the RFP documents up to five working days prior to the bid submittal deadline. Copies of such RFP revisions will be provided, without additional charge, by certified mail to all bidders that purchased the RFP documents. Revision of Deadline. If any addendum or addendum supplement significantly changes this RFP, the Department (at its sole and absolute discretion) may set a new bid deadline. The announcement of such new deadline will be included in the addendum. In any event, the revised deadline for receipt of bids will not be at less than five working days after the issuance of the latest addendum. Clarification Notices. For matters not requiring an addendum, the Department may publish periodic clarification notices listing questions received from bidders and the answers given by the Department. Such written clarification notices will be sent to all the bidders by certified mail. Acknowledgment by Bidder. The bidder will acknowledge in its bid package (on Form 21126D, Signature Page) receipt of all RFP addenda, RFP addendum supplements, and clarification notices. Failure to acknowledge receipt of any of these documents may be cause for rejection. Oral Communications. The Department will not be bound by, and the bidders will not rely on, any oral communication regarding the project or RFP documents; and the bidder will not rely on any Department communication except the RFP documents, addenda, addendum supplements, and written notices of clarification. PART II INSTRUCTIONS TO PROPOSERS Page 3 of 8
3.4 Prebid Meeting Purpose. Each bidder is encouraged to attend a prebid meeting at which the Department will address and respond to the bidders concerns and questions regarding details of the project scope, administrative procedures, outstanding issues for the remainder of the bid process, and any other related matters. Attendees. Each bidder should be represented at the meeting by at least one person from its construction contractor and one person from its lead design firm, who should attend the meeting in its entirety. Each representative of a bidder should sign the attendance sign-in sheet. Time and Place. The prebid meeting will be held at the Mn/DOT District 6 Office on West Highway 14 located in Owatonna, Minnesota, at 10:00 a.m. on May 1, 2001. Advance Submittal of Topics. Bidders are encouraged to submit one written copy of any questions and issues that they want to be addressed at the meeting to the Department (as specified in Section 3.2, Examination of RFP and Conditions), no later than the deadline specified in Section 2 (Procurement Schedule). 3.5 Contents of Bid Package 3.5.1 General Requirements Completeness. The bidder will provide complete responses to all information specified in this ITP and elsewhere in the RFP. Failure to respond or to provide the requested information may result in the Department s, at its sole discretion, determining that a bid is nonresponsive. No Waiver. Regardless of the content of the bid, the successful bidder will remain responsible for ensuring that the project meets the performance requirements of the RFP documents. Acceptance of a bid by the Department will not constitute waiver of the mandatory requirements. 3.5.2 Bid Package Elements General. The bid package (bid) is the bidder s complete response to this RFP, and generally comprises an offer letter, completed bid forms, and other required documentation, as specified below. Specific Items. The specific items in the bid package, and the order in which they will be presented in the bid, are as follows. (The asterisked items are the bid forms, which are provided by Mn/DOT as Attachment 1 to this RFP.) Title Page Signature Page* Offer Letter (with resumes attached) Price Form* Certification to the Commissioner of Transportation* Certificate of Good Faith for Design-Build Contracts* Noncollusion Declaration* Proposal Guaranty (Surety Bond* or a certified check) Sealed escrow bid documents to be held by Department PART II INSTRUCTIONS TO PROPOSERS Page 4 of 8
These items are described in detail below, as appropriate. 3.5.2.1 Offer Letter Items in Letter. The bidder will prepare and submit an offer letter that reflects the bidder s interest in the project and includes, at a minimum, the following items: Full company or joint venture name and address Name of the contact person to whom the Department will address all communications regarding the RFP and project (and his/her telephone numbers, fax numbers, and/or e- mail addresses) An organizational chart for the proposed design-build team A basic project schedule for the work that reflects the major elements of the work, milestone dates for each element, and the overall project completion date Attached Resumes. Resumes of the following key personnel will be attached to the letter:: Design Build Manager (overall manager) Design Manager (engineer of record) Lead Bridge Engineer Construction Quality Manager Chief Construction Inspector Traffic Control Supervisor Format and Page Limits. The offer letter will be submitted on 8.5 -by-11 paper. Charts, exhibits, and other illustrative and graphical information may be on 11 -by-17 paper, but must be folded to 8.5 X 11. The type font of all text will be 12-point Times New Roman. The offer letter must not exceed four single -sided pages; each of the attached six resumes may not exceed one single-sided page. 3.5.2.2 Price Form The Price Form will provide bid prices for project items in each of three categories: management (including quality), engineering, and construction. The total bid price will be the sum of the bid prices for these three categories. 3.5.3 Bid Package Packaging Sealing and Labeling. The bid package will be sealed. The outside of the package must be clearly identified as a bid, and labeled and addressed as follows: Return Address: Bidder s name and address Contents labeled as: Bid for TH 14/218 Design-Build Project SP 7408-29 Recipient (the Department) and Address: As specified in Section 1 (Introduction) Disqualification. Failure to use a sealed package or to properly identify and label the bid package may result in an inadvertent opening prior to the appointed time and place and the subsequent disqualification of the bid. The bidder will be entirely responsible for any consequences, including disqualification of the bid, that result from such inadvertent opening if the Department determines that the bidder did not follow the instructions in this section. PART II INSTRUCTIONS TO PROPOSERS Page 5 of 8
Rejection of Bids. It is the bidder s sole responsibility to ensure that the bid is received as prescribed herein. Bids received after the time due will be rejected without opening, i.e., without consideration or evaluation. 3.6 Withdrawal of Bid Written Request. After submitting a bid, the responder may withdraw the bid at any time prior to the bid submittal deadline by means of a written request signed by the responder or its properly authorized representative, mailed or delivered to the Department as specified in Section 1. No bid may be withdrawn after the bid submittal deadline. New Proposal. Withdrawal of a bid will not prejudice the right of a responder to file a new bid, provided that the new bid is received before the bid deadline. 3.7 Selection of Bidder The Department will select the bidder who has the lowest lump-sum total bid price, and who has complied with all the prescribed requirements of the RFP. 3.8 Contract Award Requirements 3.8.1 General Requirements To be awarded the contract, the selected bidder must satisfy the Department s contract award requirements by signing (executing) the contract (including the contract special provisions in Part III of the RFP), contract forms (Attachment 2 to Part II of the RFP), and other supporting documents, as described and specified herein, and delivering them to the Department by the deadline specified herein. 3.8.2 Acceptance of Bid and Contract Award Package Upon selection of a bidder and verification that the bidder has complied with all of the prescribed requirements of the RFP, the Department will provide (via courier) the selected bidder with a contract award package that contains an award letter and four copies each of the following items: Contract form Payment/Performance bond document Warranty bond document. 3.8.3 Contract Execution by Selected Bidder Deadline. The selected bidder will execute and mail or deliver three copies of each of the contract items for receipt by the Department within ten calendar days of receipt of the contract award package. PART II INSTRUCTIONS TO PROPOSERS Page 6 of 8
Contract Items. Execution of the following items will constitute acceptance of the contract by the selected bidder. (The asterisked items are those that are provided to the bidder in this RFP, and so are not included in the contract award package.) Contract Contract Provisions* Payment/Performance Bond Warranty Bond or letter of commitment from a bidder s bonding agent guaranteeing that a warranty bond will be provided in accordance with Section 1306 of the Mn/DOT Standard Specification for Construction, 2000 Target Group Business (TGB)/Good Faith Effort forms: Accepted Quotations from Non-TGB and TGB Subcontractors and Suppliers TGB Description of Work and Field Monitoring Reports (Exhibit A) (one per TGB) Good Faith Effort Affidavit Schedule of Values 3.8.4 Insurance Requirements Certificates of Insurance. Within thirty calendar days of execution of the contract by the selected bidder and prior to commencement of any project work, the selected bidder must submit to the Department s Project Manager a certificate of insurance for each of the following types of insurance coverage: Loss of Data Workers Compensation Commercial General Liability Commercial Automobile Liability Professional and Technical Errors and Omissions and/or Miscellaneous Liability Continuance of Coverage. The design-builder must maintain and furnish satisfactory evidence of the above coverages throughout the duration of the contract, until completion of the work and acceptance by the Department. Each policy must contain a ten-day notice of cancellation, nonrenewal, or material change to all named and additional insureds, when required. 3.9 Approval of Contract 3.9.1 Contract Execution by Department The Department, after it receives the properly executed contract provisions from the selected bidder and reviews them, will sign and deliver one fully executed copy to the selected designbuilder. PART II INSTRUCTIONS TO PROPOSERS Page 7 of 8
3.9.2 Notice To Proceed The Department will provide the design-builder with the Notice to Proceed with the notice of final contract approval in accordance with Section 1306 of the Mn/DOT Standard Specification for Construction, 2000 3.10 Protests Any protest concerning this procurement must be directed to the Chief Engineer. Each bidder, by submission of the bid, agrees not to contest the Department s authority to enter into a contract under the terms set forth in this RFP. 4 DEPARTMENT RIGHTS The Department may investigate the qualifications of any bidder under consideration, require confirmation of information furnished by a bidder, and require additional evidence of qualifications to perform the work described in this RFP. The Department reserves the right, at its sole and absolute discretion, to: Reject any or all of the bids. Issue a new RFP. Cancel, modify, or withdraw the entire RFP. Modify the RFP process. Waive deficiencies and minor irregularities in bids. PART II INSTRUCTIONS TO PROPOSERS Page 8 of 8