RFP_Study-Predesign_15804.pdf

MINNESOTA DEPARTMENT OF ADMINISTRATION

REQUEST FOR PROPOSAL FOR

Study and Predesign for Repairs to Tunnel and Concrete

Minnesota’s Commitment to Diversity and Inclusion

The State of Minnesota is committed to diversity and inclusion in its public procurement process. The goal is to ensure that those providing goods and services to the State are representative of our Minnesota communities and include businesses owned by minorities, women, veterans, and those with substantial physical disabilities. Creating broader opportunities for historically under-represented groups provides for additional options and greater competition in the marketplace, creates stronger relationships and engagement within our communities, and fosters economic development and equality.

To further this commitment, the Department of Administration operates a program for Minnesota-based small businesses owned by minorities, women, veterans, and those with substantial physical disabilities. For additional information on this program, or to determine eligibility, please call 651-296- 2600 or go to http://www.mmd.admin.state.mn.us/mn02001.htm http://www.mmd.admin.state.mn.us/mn02001.htm

Revised 09/21

REQUEST FOR PROPOSALS (RFP)

Minnesota Department of Administration

Real Estate and Construction Services (RECS)

Project Overview

Study and Predesign for Repairs to Tunnel and Concrete, MCF-Red Wing RECS Project Number: 78RW0050 SWIFT Event ID: 2000015804

Supplier Portal Security Changes

There are new security measures that MMB implemented on October 16. It is a new multi-factor authentication (MFA) to enhance the security of the State of Minnesota Supplier Portal. MFA is an authentication method that requires bidders and suppliers provide two verification factors to log into the SWIFT Supplier Portal.

For information about these changes, please refer to the SWIFT Supplier Portal Multi-Factor Authentication FAQ document.

If you have not done so already, please make sure to log into the SWIFT Supplier Portal as soon as possible to get this authentication set up early so there are no issues when submitting a response to an RFP.

The State of Minnesota is requesting proposal(s) for Architectural and Civil Engineering services for a study/pre-design to determine services required and estimate costs for tunnel repair, office envelope and roof repair, retaining walls, stairs, and French drains, MCF-Red Wing, Red Wing, MN.

Responders should only rely on information in this solicitation when responding to this RFP.

Pre-registration for Mandatory Site Visit Meeting deadline: Friday, June 7, 2024. Contact Stephen Geyen at stephen.g.geyen@state.mn.us.

Mandatory Site Visit Meeting Date, Time and Location: Tuesday, June 11, 2024 at 1:00 p.m. at MCF-Red Wing, 1079 Hwy 292, Red Wing, MN 55066

The site visit meeting is mandatory. Only interested firms or persons attending the site visit meeting will be considered for selection.

Questions are due: Thursday, June 13, 2024 at 3:00 p.m. CT

RECS will provide answers by: Tuesday, June 18, 2024 by 3:00 p.m. CT

RFP response due date and time: Tuesday, June 25, 2024 by 12:00 Noon CT https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMjEwMjAuNjU0MDU5NTEiLCJ1cmwiOiJodHRwczovL2d1ZXN0LnN1cHBsaWVyLnN5c3RlbXMuc3RhdGUubW4udXMvcHNjL2Ztc3N1cGFwL1NVUFBMSUVSL0VSUC9jL05VSV9GUkFNRVdPUksuUFRfTEFORElOR1BBR0UuR0JMPyYifQ.i-HI1goSFhyukO6-tDKJ950RA0248ccp4eK29Xzz01Y/s/349718272/br/146252762755-l https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDEsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMjEwMjAuNjU0MDU5NTEiLCJ1cmwiOiJodHRwczovL21uLmdvdi9tbWItc3RhdC9kb2N1bWVudHMvc3dpZnQvdmVuZG9yL3N1cHBsaWVyLXBvcnRhbC1tZmEtZmFxLnBkZiJ9.41iCmHmLgNYmjuYv_8gxQmzIZ2cj_AeEa9u3PBiMXkk/s/349718272/br/146252762755-l https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDEsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMjEwMjAuNjU0MDU5NTEiLCJ1cmwiOiJodHRwczovL21uLmdvdi9tbWItc3RhdC9kb2N1bWVudHMvc3dpZnQvdmVuZG9yL3N1cHBsaWVyLXBvcnRhbC1tZmEtZmFxLnBkZiJ9.41iCmHmLgNYmjuYv_8gxQmzIZ2cj_AeEa9u3PBiMXkk/s/349718272/br/146252762755-l mailto:stephen.g.geyen@state.mn.us

Goals

The goal of this RFP is to enter into a contract to obtain services with the best value responder. The State has the right to cancel this solicitation if it is considered to be in its best interest.

Sample Tasks

1. See Exhibit A and attachments for detailed scope of work.

2. In addition to Exhibit A, Scope of Work, and the attachments, the following documents are considered to be part of this RFP and may be found at http://mn.gov/admin/government/construction-projects/manuals-guidelines-forms/forms/index.jsp

• Exhibit D o D1, State Insurance Requirements o D2, Consultant Certificate of Insurance (to be provided by the Responder if awarded a contract)

• Exhibit E & E1, Workforce and Equal Pay Declaration Page (to be completed by Responder)

(attached)

• Exhibit F, Certification Regarding Lobbying (to be completed by Responder) (attached)

• Exhibit G, State’s Designer Procedures Manual

• Exhibit H, AIA 201 General Conditions (1997 Edition) as modified by the state. (Available from the Real Estate and Construction Services and incorporated by reference)

• Exhibit I, Affidavit of Noncollusion (to be completed by Responder) (attached)

• Exhibit J, Not Used

• Exhibit K, Consultant Performance Evaluation

• Exhibit L, Project Energy/Utility Savings

• Exhibit M, Veteran-Owned Preference Form (if applicable) (attached)

• Exhibit O, Resident Vendor Form (if applicable) (attached)

3. The term of this contract is anticipated to run from July 8, 2024 to July 7, 2026, with the option to extend an additional 3 years in increments determined by the State.

4. This request for proposal does not obligate the state to award a contract or complete the project, and the state has the right to cancel the solicitation if it is considered to be in its best interest.

5. Prospective responders who have any questions regarding this request for proposal should email the questions no later than the date identified on page 1 of this RFP to:

Talia Landucci Owen, Contracts Specialist Real Estate and Construction Services talia.landucci-owen@state.mn.us

Other personnel are NOT authorized to discuss this request for proposal with responders, before the proposal submission deadline. Contact regarding this RFP with any personnel not listed above could result in disqualification.

Answers will be provided in an addendum to the RFP. All addenda will be posted in the SWIFT system with this RFP and its attachments.

http://mn.gov/admin/government/construction-projects/manuals-guidelines-forms/forms/index.jsp mailto:talia.landucci-owen@state.mn.us

6. Unless otherwise notified in writing by the State, services are to begin immediately only upon complete execution of the Contract and receipt of a Notice to Proceed.

What to Include in Your Proposal

By submission of a proposal, the Responder affirms its willingness to abide by the terms and conditions of the State’s contract documents. By submission of a proposal, Responder assures 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 the award and may subject the responder to suspension or debarment proceedings as well as other remedies available by law. The proposal must contain the following documents:

1. Exhibit B, Fee Proposal, (For purposes of completing the fee proposal, the State does not make regular payments based upon the passage of time, it only pays for services performed or work delivered after it is accomplished and accepted by the state.)

2. Exhibit C, Responder’s Qualifications (see “Scoring Criteria” section for specific details to include.)

3. Submit the following forms (available at http://mn.gov/admin/government/construction-projects/manuals-guidelines-forms/forms/index.jsp ):

• Exhibit E & E1, Workforce and Equal Pay Declaration Page

• Exhibit F, Certification Regarding Lobbying

• Exhibit I, Affidavit of Non Collusion

• Exhibit M, Veterans Preference Form (if applicable)

• Exhibit O, Resident Vendor Form (if applicable)

How to Submit Your Proposal

All responses to this RFP (termed an “Event” within SWIFT) must be submitted through SWIFT using the State of Minnesota Supplier Portal. Training and documentation on how to submit your response is available through the Supplier portal link above.

All responses to this RFP must be submitted and received in SWIFT no later than the Event End Date and time as set forth in the SWIFT Event Details applicable to this RFP.

All responses must include the following separately attached documents, unless otherwise specified:

1. a Fee Proposal (Exhibit B);

2. a Qualifications Proposal (to include Exhibit C);

Electronic submissions to the state will be accepted beginning on the SWIFT Start Date for this RFP. Fee information must be loaded into the system as a separate document(s) from your technical response.

All proposals will be automatically time and date stamped internal to the SWIFT system when they are received. Proposals received after End Date above will not be considered. The State shall not be responsible for any errors or delays caused by technology-related issues, even if they are caused by the State.

NOTE: If you are reviewing this RFP in the SWIFT system or downloaded the RFP from the SWIFT system, you are likely already a registered vendor with the State. If you are reviewing this RFP in paper http://mn.gov/admin/government/construction-projects/manuals-guidelines-forms/forms/index.jsp https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMjEwMjAuNjU0MDU5NTEiLCJ1cmwiOiJodHRwczovL2d1ZXN0LnN1cHBsaWVyLnN5c3RlbXMuc3RhdGUubW4udXMvcHNjL2Ztc3N1cGFwL1NVUFBMSUVSL0VSUC9jL05VSV9GUkFNRVdPUksuUFRfTEFORElOR1BBR0UuR0JMPyYifQ.i-HI1goSFhyukO6-tDKJ950RA0248ccp4eK29Xzz01Y/s/349718272/br/146252762755-l form, you may need to register as a vendor by going to https://mn.gov/mmb/accounting/swift/vendor-resources/. For new vendors, please note that approval of your registration may take 3 – 4 business days. If you need assistance obtaining a vendor ID or completing the registration process, please call 651- 201-8100, Option 1.

Late proposals will not be accepted.

All costs incurred in responding to this RFP will be borne by the responder.

Fax, e-mail, and printed proposals will not be accepted or considered.

Proposals will be evaluated on “best value” as specified below.

Fee information must be loaded into the system as a separate document(s) from your technical response.

Fee proposals will not be reviewed by the evaluation team prior to the qualification scores being finalized.

Proposal Evaluation

All responses received by the End Date and time will be reviewed by the State. Proposals will first be reviewed for responsiveness to determine if the minimum mandatory requirements have been met.

Proposals that fail to meet minimum mandatory requirements will not advance to the next phase of the evaluation. The State has the right, based on the scores of the proposals, to create a short-listing of vendors who have received the highest scores to interview, or conduct demonstrations/presentations. The state has the right to seek best and final offers from one or more responders. A 100-point scale will be used to create the final evaluation recommendation.

Mandatory Requirements (Scored as Pass/Fail)

The following will be considered on a pass/fail basis:

1. Prime Firm must attend the Mandatory Site Visit Meeting specified in this solicitation

2. Proposals must be received in SWIFT on or before the due date and time specified in this solicitation.

3. Proposals must include Exhibit B (as a separately attached document).

4. Proposals must include Exhibit C (as a separately attached document).

Evaluation Factors (Scored based on points as indicated)

The factors and weighting on which proposals will be judged are:

SCORING CRITERIA MAX POINTS AVAILABLE

1. Key Persons and Specialists assigned to this project 20

2. Work which best illustrates qualifications 20

3. Approach, methodology, work plan and schedule 20

4. Unique qualifications 10

5. Fee Proposal 30 https://mn.gov/mmb/accounting/swift/vendor-resources/ https://mn.gov/mmb/accounting/swift/vendor-resources/

General Requirements

Affidavit of Noncollusion

Each responder must complete the attached Exhibit I, Affidavit of Noncollusion and include it with the response.

Conflicts of Interest

Responder 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 request for proposals. The list should indicate the name of the entity, the relationship, and a discussion of the conflict.

Proposal Contents

By submission of a proposal, Responder warrants 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 the award as well as subject the responder to suspension or debarment proceedings as well as other remedies available by law.

Licensure Requirements

Based upon the scope of work attached, the successful responder is required to be an Architect, Engineer, Landscape Architect, or Land Surveyor registered in the State of Minnesota under Minn. Stat. 326.02-14. A copy of Minnesota Statutes and Minnesota Rules is available at www.revisor.leg.state.mn.us.

Disposition of Responses

All materials submitted in response to this RFP will become property of the State and will become public record in accordance with Minnesota Statutes, section 13.591, after the evaluation process is completed.

Pursuant to the statute, completion of the evaluation process occurs when the government entity has completed negotiating the contract with the selected vendor.

Notwithstanding the above, if the State contracting party is part of the judicial branch, the release of data shall be in accordance with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time.

Contingency Fees Prohibited

Pursuant to Minnesota Statutes Section 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.

Sample Contract

You should be aware of the State’s standard contract terms and conditions in preparing your response. Real Estate and Construction Services sample Basic Services Agreement (BSA) and Professional/Technical Services (PTSC) Contracts are available at http://mn.gov/admin/government/construction-projects/manuals-guidelines-forms/forms/index.jsp. 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 the RFP; certain exceptions may result in your proposal being disqualified from further review and evaluation. Only those exceptions indicated in your response to the RFP will be available for discussion or negotiation.

Reimbursements

Reimbursement for travel and subsistence expenses actually and necessarily incurred by the contractor as a result of the contract will be in no greater amount than provided in the current "Commissioner’s Plan” promulgated by the commissioner of Employee Relations. Reimbursements will not be made for travel and http://www.revisor.leg.state.mn.us/ subsistence expenses incurred outside Minnesota unless it has received the State’s prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state.

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 the State, or the vendor’s objectivity in performing the contract work is or might be otherwise impaired, or the vendor 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 the Assistant Director of the Department of Administration’s Office of State Procurement (“OSP”) which must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. If an organization conflict of interest is determined to exist, the State 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 OSP, the State 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 the State’s rights.

Preference to Targeted Group and Economically Disadvantaged Business and Individuals In accordance with Minnesota Rules, part 1230.1810, subpart B, certified Targeted Group (TG) businesses and individuals submitting proposals as prime contractors will receive a twelve percent preference in the evaluation of their proposal, and certified Economically Disadvantaged (ED) businesses and individuals submitting proposals as prime contractors will receive a twelve percent preference in the evaluation of their proposal. Eligible TG businesses and ED businesses must be currently certified by the Office of Equity in Procurement (OEP) prior to the solicitation opening date and time. For information regarding certification, contact OEP at 651-201-2402 or procurement.equity@state.mn.us. For TTY/TDD communications, contact the Helpline through the Minnesota Relay Services at 1.800.627.3529.

Veteran-Owned Small Business Preference

Unless a greater preference is applicable and allowed by law, in accordance with Minn. Stat. § 16C.16, subd. 6a, the Commissioner of Administration will award a 12% preference in the amount bid on state procurement to certified small businesses that are majority owned and operated by veterans.

A small business qualifies for the veteran-owned preference when it meets one of the following requirements. 1) The business has been certified by the Office of Equity in Procurement as being a veteran-owned or service-disabled veteran-owned small business. 2) The principal place of business is in Minnesota AND the U.S. Small Business Administration verifies the business as being a veteran-owned or service-disabled veteran-owned small business under Public Law 109-461 and Code of Federal Regulations, title 13, part 128 (Supported By Documentation). See Minn. Stat. § 16C.19(d).

Submit the appropriate documentation with the solicitation response to claim the veteran-owned preference. Statutory requirements and documentation must be met by the solicitation response due date and time to be awarded the preference.

Foreign Outsourcing of Work Prohibited

All services under this contract shall be performed within the borders of the United States. All storage and processing of information shall be performed within the borders of the United States. This provision also applies to work performed by subcontractors at all tiers.

mailto:procurement.equity@state.mn.us

Work Force Certification For all contracts estimated to be in excess of $100,000, responders are required to complete the attached Affirmative Action Data page and return it with the response. As required by Minnesota Rule 5000.3600, “It is hereby agreed between the parties that Minnesota Statute § 363A.36 and Minnesota Rule 5000.3400 -

5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minnesota Statute § 363A.36 and Minnesota Rule 5000.3400 - 5000.3600 are available upon request from the contracting agency.”

Equal Pay Certification If the Response to this solicitation could be in excess of $500,000, the Responder must obtain an Equal Pay Certificate from the Minnesota Department of Human Rights (MDHR) or claim an exemption prior to contract execution. A responder is exempt if it has not employed more than 40 full-time employees on any single working day in one state during the previous 12 months. Please contact MDHR with questions at:

651-539-1095 (metro), 1-800-657-3704 (toll free), 711 or 1-800-627-3529 (MN Relay) or at compliance.MDHR@state.mn.us.

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 Proposer must complete the attached Certification Regarding Lobbying and submit it as part of its 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 the Proposer must certify the following, as required by the regulations implementing Executive Order 12549.

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 shall 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 12549. 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 shall 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 shall 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.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions

1. 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.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Insurance Requirements

A. Contractor shall not commence work under the contract until they have obtained all the insurance described below and the State of Minnesota has approved such insurance. Contractor shall maintain such insurance in force and effect throughout the term of the contract.

B. Contractor is required to maintain and furnish satisfactory evidence of the following insurance policies:

1. Workers’ Compensation Insurance: Except as provided below, Contractor must provide

Workers’ Compensation insurance for all its employees and, in case any work is subcontracted, Contractor will require the subcontractor 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:

$100,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $100,000 – Bodily Injury by Accident

If Minnesota Statute 176.041 exempts Contractor from Workers’ Compensation insurance or if the Contractor has no employees in the State of Minnesota, Contractor must provide a written statement, signed by an authorized representative, indicating the qualifying exemption that excludes Contractor from the Minnesota Workers’ Compensation requirements.

If during the course of the contract the Contractor becomes eligible for Workers’ Compensation, the Contractor must comply with the Workers’ Compensation Insurance requirements herein and provide the State of Minnesota with a certificate of insurance.

2. Commercial General Liability Insurance: Contractor is 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 the Contractor or by a subcontractor or by anyone directly or indirectly employed by the Contractor under the contract.

Insurance minimum limits are as follows:

$2,000,000 – per occurrence $2,000,000 – annual aggregate $2,000,000 – annual aggregate – Products/Completed Operations

The following coverages shall be included:

Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Other; if applicable, please list__________________________________ State of Minnesota named as an Additional Insured, to the extent permitted by law

3. Commercial Automobile Liability Insurance: Contractor is required to maintain insurance protecting it 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 this contract, and in case any work is subcontracted the contractor will require the subcontractor to maintain Commercial Automobile Liability insurance.

Insurance minimum limits are as follows:

$2,000,000 – 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

4. Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability Insurance

This policy will provide coverage for all claims the contractor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Contractor’s professional services required under the contract.

Contractor is required to carry the following minimum limits:

$2,000,000 – per claim or event $2,000,000 – annual aggregate

Any deductible will be the sole responsibility of the Contractor and may not exceed $50,000 without the written approval of the State. If the Contractor desires authority from the State to have a deductible in a higher amount, the Contractor shall so request in writing, specifying the amount of the desired deductible and providing financial documentation by submitting the most current audited financial statements so that the State can ascertain the ability of the Contractor to cover the deductible from its own resources.

The retroactive or prior acts date of such coverage shall not be after the effective date of this Contract and Contractor shall maintain such insurance for a period of at least three (3) years, following completion of the work. If such insurance is discontinued, extended reporting period coverage must be obtained by Contractor to fulfill this requirement.

C. Additional Insurance Conditions:

• Contractor’s policy(ies) shall be primary insurance to any other valid and collectible insurance available to the State of Minnesota with respect to any claim arising out of Contractor’s performance under this contract;

• If Contractor receives a cancellation notice from an insurance carrier affording coverage herein, Contractor agrees to notify the State of Minnesota within five (5) business days with a copy of the cancellation notice, unless Contractor’s policy(ies) contain a provision that coverage afforded under the policy(ies) will not be cancelled without at least thirty (30) days advance written notice to the State of Minnesota;

• Contractor is responsible for payment of Contract related insurance premiums and deductibles;

• If Contractor is self-insured, a Certificate of Self-Insurance must be attached;

• Contractor’s policy(ies) shall include legal defense fees in addition to its liability policy limits, with the exception of B.4 above;

• Contractor shall obtain insurance policy(ies) from insurance company(ies) having an “AM BEST” rating of A- (minus); Financial Size Category (FSC) VII or better, and authorized to do business in the State of Minnesota; and

• An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor’s policy limits to satisfy the full policy limits required by the Contract.

D. The State reserves the right to immediately terminate the contract if the contractor is not in compliance with the insurance requirements and retains all rights to pursue any legal remedies against the contractor. All insurance policies must be open to inspection by the State, and copies of policies must be submitted to the State’s authorized representative upon written request.

E. The successful responder is required to submit Certificates of Insurance acceptable to the State of MN as evidence of insurance coverage requirements prior to commencing work under the contract.

Consultant Performance Evaluation

Using Exhibit K, the State will evaluate the Consultant’s and/or subconsultants’ performance for work provided under this contract.

Project Energy/Utility Savings

The Consultant shall provide designs and specifications that result in maximizing energy savings.

Consultant shall complete and submit Exhibit L to the State when applicable to the work under this contract.

E-Verify Certification (In accordance with Minn. Stat. §16C.075) By submission of a proposal for services in excess of $50,000, Contractor certifies that as of the date of services performed on behalf of the State, Contractor 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 the State. In the event of contract award, Contractor shall be responsible for collecting all subcontractor certifications and may do so utilizing the E-Verify Subcontractor Certification Form available at http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc. All subcontractor certifications must be kept on file with Contractor and made available to the State upon request.

Certification of Nondiscrimination (In accordance with Minn. Stat. § 16C.053)

The following term applies to any contract for which the value, including all extensions, is $50,000 or more:

Contractor certifies it does not engage in and has no present plans to engage in discrimination against Israel, or against persons or entities doing business in Israel, when making decisions related to the operation of the vendor's business. For purposes of this section, "discrimination" includes but is not limited to engaging in refusals to deal, terminating business activities, or other actions that are intended to limit commercial relations with Israel, or persons or entities doing business in Israel, when such actions are taken in a manner that in any way discriminates on the basis of nationality or national origin and is not based on a valid business reason.

http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc

Exhibit A Real Estate and Construction Services

Department of Administration Scope of Services for

Study and Predesign for Repairs to Tunnel and Concrete at MCF-Red Wing, Red Wing, MN RECS Project No. 78RW0050

The State of Minnesota is requesting proposal(s) for Architectural and Civil Engineering services for a study/pre-design to determine services required and estimate costs for tunnel repair, office envelope and roof repair, retaining walls, stairs, and French drains, MCF-Red Wing, Red Wing, MN.

1.0 Project Overview:

Project Scope

• Evaluate a damaged section of tunnel roof, required repairs, and waterproofing to prevent further damage. Structurally the tunnel seems intact; however, a thorough evaluation is required. Provide pre-design of work required for the tunnel repairs utilizing a structural evaluation of the tunnel, code analysis, and geotechnical evaluation.

• As part of the tunnel roof replacement, sidewalks in the adjacent area will need to be replaced due to a tripping hazard.

• Due to water infiltration the green house office has incurred severe damage to the building envelop exterior masonry walls and roofing. The repairs may include the replacement of a portion of the hollow core block walls and building roof system to prevent further damage.

Include in the study a complete evaluation of the roof system, including structural evaluation of roof, and the hallow core block walls of the building.

• LaSalle entrance sidewalk, retaining wall, and French drain all need to be replaced.

Complete a pre-design of the retaining wall and drain.

• Administration Wellness outside access stairwell and retaining walls will need to be rebuilt due to erosion of the limestone subsurface. Concrete stairwells of Building #6 and #10 will need to be replaced. The stairwell’s French drain will need to be replaced. Complete a pre-design of retaining walls, stairwells, and drains.

• Each area of the project scope described above requires a separate estimate of completed repairs.

• The initial consultant awarded the contract will conduct a study/pre-design only. The State reserves the option to include additional design phases through a supplemental agreement if deemed necessary, including schematic design, design development, construction documents, bidding, construction administration and post construction services.

1.1 Project Budgeted/Cost of Construction $750,000

1.2 Project Schedule:

• Notice to Proceed July 2024

• Study/Pre-design to be completed by August 2024.

1.3 Required design disciplines: Architectural, Civil, Structural, Electrical

1.4 Anticipated Consultant Fees Submit Exhibit B- Fee Proposal

1.5 Project Delivery Mode: Document of Final Study and Agency Meeting

2.0 Responsibilities and Instruments of Service/Deliverables

Basic Services include, but are not limited to, schematic design, design development, construction documents, bidding, construction administration, and post construction. For required Responsibilities and Instruments of Service/Deliverables see Attachments 1 through 6. All services shall be provided in accordance with the Attachments 1-6 and Section I of this Exhibit.

3.0 Qualifications Proposal

Summarize submittal information using Exhibit C – Qualifications Proposal.

4.0 Reference Documents:

Services are to be provided in compliance with policies and guidelines identified below.

Design Guidelines:

Consultant designers shall provide designs that are in accordance with State’s “Design Guidelines” available at the State web site: http://mn.gov/admin/business/vendor-info/construction-projects/manuals-guidelines-forms/guidelines/index.jsp

Consultant shall submit a signed checklist of the design guidelines and shall request approval from the State for any exceptions or changes to a guideline.

Space Guidelines:

Space planning and office designs shall be in accordance with the State’s “Space Guidelines” available at the State web site: http://mn.gov/admin/business/vendor-info/construction-projects/manuals-guidelines-forms/guidelines/index.jsp

Commissioning:

The consultant shall include requirements in specifications for State’s 3rd party Envelope Commissioning Agent and HVAC/Electrical/Boiler Commissioning Agent. Specify that no work shall be covered until inspected. Specify pre-installation and mock-up conferences on site. Coordinate with the State on scope of services and schedules, preparation of RFPs, and selection of 3rd party services.

The mechanical engineer of record, shall coordinate with owner’s commissioning agent who will prepare a written system operations and maintenance manual that includes clear instruction and schematics of affected system components and a summary ready checklist of routine maintenance. This manual will be separate from manufacturer’s technical information but will extract essential information from it.

For all new mechanical and electrical equipment, specify that the contractor shall provide mechanical and electrical equipment model numbers and room locations in format prescribed by the owner.

Telecommunications:

Consultant designers shall provide data/communications designs (and costs into their Predesign) in accordance with “Technology Guidelines, Building Infrastructure Best Practices For State-Owned Buildings” (as contained in the State of Minnesota’s Design Guidelines; the technology guidelines are also available at State web site: http://mn.gov/admin/assets/RECS-CS-AppendixB_tcm36-208263.pdf.

http://mn.gov/admin/business/vendor-info/construction-projects/manuals-guidelines-forms/guidelines/index.jsp http://mn.gov/admin/business/vendor-info/construction-projects/manuals-guidelines-forms/guidelines/index.jsp http://mn.gov/admin/business/vendor-info/construction-projects/manuals-guidelines-forms/guidelines/index.jsp http://mn.gov/admin/business/vendor-info/construction-projects/manuals-guidelines-forms/guidelines/index.jsp http://mn.gov/admin/assets/RECS-CS-AppendixB_tcm36-208263.pdf

MINNCOR Industries:

In accordance with MN Statute 16B.335 Subdivision 3c.: “All predesign, design, and construction projects shall include consideration of the state of Minnesota’s correctional industries program, MINNCOR Industries, consistent with section 16B.181, subdivision 2, paragraph (c), in predesign planning and product specifications”. Consultants shall include MINNCOR in their planning efforts.

MINNCOR’s web site can be found at http://www.minncor.com.

CAD (Computer Aided Drafting) and BIM (Building Information Modeling):

Consultant shall provide electronic (CAD) drawings in accordance with the State’s “CAD Guidelines” available at the State web site: http://mn.gov/admin/business/vendor-info/construction-projects/manuals-guidelines-forms/guidelines/index.jsp. Consultant shall provide BIM for all new buildings, additions and major remodelings in accordance with the State’s BIM Guidelines available at the State web site: http://mn.gov/admin/government/construction-projects/manuals-guidelines-forms/guidelines/.

Basic Services Agreement:

Consultant shall provide services and instruments of service/deliverables in accordance with the State’s Basic Services Agreement – Design and Construction (BSA-DC). The State’s BSA-DC is enclosed with this Request For Proposal; the associated services and instruments of service/deliverables have been edited to be project specific. The “boiler-plate” BSA-DC can also be viewed online at http://mn.gov/admin/business/vendor-info/construction-projects/manuals-guidelines-forms/forms/index.jsp The State reserves the right to add or exclude services, see BSA-DC section 1.14

Sustainability, Energy Conservation/High Performance Buildings and Systems:

In accordance with MN Statute 16B.325, all new buildings and substantial renovations must be designed using The State of Minnesota Sustainable Building Guidelines (also known as the B3 Guidelines), available at the State web site: http://mn.gov/admin/business/vendor-info/construction-projects/ (or see http://www.b3mn.org/guidelines/index.html).

ALL Minnesota State bonded projects — new and substantially renovated will be required to meet the Minnesota Sustainable Building 2030 (SB 2030) energy standards. In lieu of the current B3 energy requirements of 30% less than current state energy code, the SB 2030 energy standard will be incorporated into the Minnesota Sustainable Building Guidelines (B3) which are also required for all state bonded projects.

Program support will be offered to design teams in their efforts to meet SB 2030 energy standards for all state bonded projects.

SB 2030 may require either energy modeling or prescriptive energy reduction strategies on new and substantially renovated buildings to attain cost effective energy reduction standards. This may require additional design services to ensure compliance with these energy standards. In conjunction with SB 2030, it is anticipated that utility’s energy conservation program incentives will be offered to help cost effectively meet SB 2030 energy standards.

In accordance with MN Statute 16B.32 Subdivision 1: Plans for a new building or for a renovation of 50% or more of an existing building or its energy systems, must include designs which use active and passive solar energy systems, earth sheltered construction, and other alternative energy sources where feasible.

In accordance with MN Statute 16B.32 Subdivision 2: Onsite energy generation from renewable sources: Designs for a new building and/or substantial renovation, must consider meeting at least two percent of the energy needs of the building from renewable sources located on the http://www.minncor.com/ http://mn.gov/admin/business/vendor-info/construction-projects/manuals-guidelines-forms/guidelines/index.jsp http://mn.gov/admin/business/vendor-info/construction-projects/manuals-guidelines-forms/guidelines/index.jsp http://mn.gov/admin/government/construction-projects/manuals-guidelines-forms/guidelines/ http://mn.gov/admin/government/construction-projects/manuals-guidelines-forms/guidelines/ http://mn.gov/admin/business/vendor-info/construction-projects/manuals-guidelines-forms/forms/index.jsp http://mn.gov/admin/business/vendor-info/construction-projects/manuals-guidelines-forms/forms/index.jsp http://mn.gov/admin/business/vendor-info/construction-projects/ http://mn.gov/admin/business/vendor-info/construction-projects/ http://www.b3mn.org/guidelines/index.html building site. "Renewable sources" are limited to wind and the sun. The design must include an explicit cost and price analysis of complying with the two-percent requirement compared with the present and future costs of energy supplied by a public utility from a location away from the building site and the present and future costs of controlling carbon emissions. If the analysis concludes that the building should not meet at least two percent of its energy needs from renewable sources located on the building site, the analysis must provide explicit reasons why not. Reasons given for not meeting the two-percent requirement must be supported by evidence in the project record.

During the performance of services, schedule and coordinate with the facility staff to identify all viable utility rebate opportunities. Specify equipment that meets or exceeds efficiency standards and qualifications for utility rebate programs. Upgraded equipment specifications that have incremental costs covered by project budget are to be pursued. Specifications are to require that the contractor(s) shall provide necessary documentation, including invoices, required by the utility(s) for the purpose of processing and approving rebate applications, and that the contractor(s) shall work with the State’s facility staff to assist the State in obtaining all possible utility rebates on the project.

Predesign Manual When the contract includes services to produce a predesign document, the Consultant shall utilize and prepare the predesign in accordance with the State’s Predesign Manual for Capital Budget Project.

Consultant Performance Evaluation The State will evaluate the Consultant’s and/or subconsultants’ performance for work provided.

Project Energy/Utility Savings The Consultant shall provide designs and specifications that result in maximizing energy savings.

Consultant shall complete and submit the “Project Energy/Utility Savings Form” to the State. This form is available online at http://mn.gov/admin/business/vendor-info/construction-projects/manuals-guidelines-forms/forms/index.jsp

Impacts to systems/facilities/site:

The Consultant will develop in cooperation with the Contractor and designated Owner/Agency personnel a Method of Procedure (MOP) plan. The MOP will be required in the event of any impact or shutdown to plumbing systems, water distribution, electrical, HVAC, life safety systems, building automation systems, elevators or any other system that could hinder the daily operations of a facility or site. The MOP plan will be developed by the consultant and contractor and approved by the Agency before work is to begin.

http://mn.gov/admin/business/vendor-info/construction-projects/manuals-guidelines-forms/forms/index.jsp http://mn.gov/admin/business/vendor-info/construction-projects/manuals-guidelines-forms/forms/index.jsp

Attachment 1 – Exhibit A Consultant Responsibilities and Instruments of Service Page 1 of 2

Attachment 1 to Exhibit A: Schematic Design (SD) Phase (See Article 2) Consultant Responsibilities and Instruments of Service Responsibilities & Services

1.0.1. Coordinate design activities with State and subconsultants.

Establish communications hierarchy.

1.0.2. Attend and document meetings with State to review progress of project. Request Approvals when appropriate.

1.0.3. Obtain manuals and guidelines from the State’s Project Manager. Manuals, guidelines and forms are available online at http://mn.gov/admin/business/vendor-info/construction-projects/manuals-guidelines-forms/index.jsp. Review and Incorporate requirements into the project.

1.0.4. Provide BIM (Building Information Modeling) services per the State’s BIM Protocol on all new buildings, additions and major renovations. Coordinate and work with building operators to transfer information to the State’s Archibus software following completion of construction.

1.0.5. Obtain the State’s Predesign, preliminary study and/or scope of work. Review, analyze and evaluate State’s program, budget, Estimated Cost of Construction and schedule. Meet and coordinate State & user agency to confirm the program of spaces, square footage requirements and scope of work. Value engineers a revised estimate to align with the program and obtain approval sign-off from the State.

1.0.6. Review Project Delivery methods with the user agency or Facility and State’s Project Manager.

1.0.7. Verify if building is on register of historic places (federal or state). Verify requirements and approval process.

1.0.8. Work with State to establish site criteria and to review, analyze, evaluate and select site(s).

1.0.9. Review requirements and request State to initiate a site survey and geotechnical investigations. Recommend the extent of site survey and soil boring locations.

1.0.10. Verify existing utility infrastructure for adequate capacity and cost upgrades needed to support the proposed building/facility or renovation.

1.0.11. Investigate Sewer Assessment Charges (SAC) and Water

Assessment…