RFP605CO24001977_Dec_30_24_solicitation_doc.pdf

Solicitation Number: RFP605CO24001977

Jackson County Area Restoration Services

MODOT Request for Proposal (RFPR)

MoDOT - Dept of Transportation

May 14, 2024 - June 13, 2024

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General Header Information

RFP605CO24001977

No. RFP605CO24001977 Title: Jackson County Area Restoration Services Start Date: May 14, 2024 at 2:00:00 PM CDT End Date: June 13, 2024 at 2:00:00 PM CDT Vendor Q&A Start Date:

Vendor Q&A End Date:

Estimated Total Value:

Who can respond to this bid? : All Vendors Description: MoDOT is seeking Offerors to provide services to address unsheltered citizens residing on MoDOT right of ways. This would involve notifying unsheltered citizens, offering of services, delivering services, and cleaning up right of ways. The contract period is from date of fully executed Resulting Agreement through one (1) year, with up to four (4) one-year renewal option periods, or any portion therein. It is required you contact the buyer of record via email at Joshua.Yeager@modot.mo.gov five (5) business days before bid closing if you intend to submit a hard copy bid. This RFP will not accept proposal submissions via email.

Delivery Terms: Free On Board Destination Payment Terms: Net 30 Days Contact Information: MoDOT - Dept of Transportation

Joshua Yeager 830 MODOT Drive Jefferson City MO, 65101 United States Tel: 573-526-1975 Email: Joshua.Yeager@modot.mo.gov

Contact Details: If you have any questions, please contact:

Joshua Yeager 830 MODOT Drive Jefferson City MO, 65101 United States Tel: 573-526-1975 Email: Joshua.Yeager@modot.mo.gov

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RFP605CO24001977

NOTICE

Vendor Responsibility

The vendor is solely responsible for ensuring timely submission of their solicitation response. Failure to allow adequate time prior to the solicitation end date to complete and submit a response to a solicitation, particularly in the event technical support assistance is required, places the vendor and their response at risk of not being accepted on time.

The State of Missouri's Privacy Policy can be accessed here.

MODOT Section Numbering

Section Numbering All section numbering contained in this solicitation is for the convenience of reference only and is not intended to define or limit the scope of any provision of this solicitation and may not be sequential.

ADDENDUMS

Addendum 001 Below are the questions and answers received for this IFB:

Q: Will MoDOT furnish the yellow trash bags for crews to use while picking up litter?

A: Contractor to provide all supplies necessary for litter removal.

Q: Will MoDOT pick up the trash bags or do we need to factor in disposal costs.

A: Contractor will be responsible for all disposal costs.

Q: Is there an allowance for mobilization costs? For example, a vehicle to transport staff to work location.

A: There is no mobilization allowance. Costs for equipment, material, and labor for travel time to work locations should be included in the proposal.

http://www.mo.gov/privacy-policy/

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Solicitation Requirements:

RFP605CO24001977

MoDOT Instructions for Submitting a Response

Instructions for Submitting a Response

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The Missouri Department of Transportation advertises all bid solicitation documents on the

MissouriBUYS Bid Board (https://www.missouribuys.mo.gov). MissouriBUYS is the State of

Missouri’s web-based statewide eProcurement system which is powered by WebProcure, through our partner, Perfect Commerce.

IMPORTANT NOTICE TO ALL VENDORS:

The Missouri Department of Transportation prefers receipt of all bid responses as electronic submissions. Hard copy submissions may be permitted based on the circumstances and content of the relevant solicitation with the approval of the buyer five (5) business days prior to the solicitation close date.

The solicitation as it appears digitally on the MissouriBUYS website is the official document of record. It is incumbent on the Vendor to inspect and ensure any downloaded or printed version of the solicitation that it contains all information, terms and conditions contained in the solicitation as it appears digitally on the MissouriBUYS website. In the event of any dispute regarding the contents of the solicitation, the solicitation as it appears digitally on the MissouriBUYS website shall take precedence and priority over any other downloaded or printed version of the solicitation.

The vendor is solely responsible for ensuring timely submission of their solicitation response. Failure to allow adequate time prior to the solicitation end date to complete and submit a response to a solicitation, particularly in the event technical support assistance is required, places the vendor and their response at risk of not being accepted on time.

To respond electronically to a solicitation, the vendor must first register with MissouriBUYS by going to the MissouriBUYS Home Page (https://missouribuys.mo.gov), clicking the “Register” button at the top of the page, and completing the Vendor Registration. Once registered the vendor should log back into MissouriBUYS and edit their profile by selecting the organizational contact(s) that should receive an automated confirmation of the vendor’s electronic bid responses successfully submitted to the state.

To respond electronically to a solicitation, the vendor must login to MissouriBUYS and locate the desired solicitation on the Bid Board. The vendor must read and accept the current Solicitation

Documents and any subsequent addendums, as well as complete pricing and any other identified requirements. Vendors should upload their completed response to these accepted documents

(including exhibits, forms, and other information concerning the solicitation) as an attachment to the electronic solicitation response. Step-by-step instructions for how a registered vendor responds to a solicitation electronically are available on the MissouriBUYS system at:

https://missouribuys.mo.gov/sites/missouribuys/files/How_To_Respond_To_A_Solicitation.pdf https://www.missouribuys.mo.gov https://missouribuys.mo.gov https://missouribuys.mo.gov/sites/missouribuys/files/How_To_Respond_To_A_Solicitation.pdf

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Addendum Document: If an addendum document is subsequently issued, please follow these steps to accept the addendum document(s).

1. If you have not accepted the original solicitation document go to the Overview page, find the section titled, Original Solicitation Documents, review the solicitation document(s) then click on the box under Select, and then click on the Accept button.

2. To accept the addendum document, on the Overview page find the section titled Addendum

Document, review the addendum document(s) then click on the box under Select, and then click on the Accept button.

Note: If you submitted an electronic response prior to the addendum date and time, you should review your solicitation response to ensure that it is still valid by taking into consideration the revisions addressed in the addendum document. If a revision is needed to your solicitation response and/or to indicate your acceptance of the addendum document, you will need to retract your response and re-submit your response by following these steps:

1. Log into MissouriBUYS.

2. Select the Solicitations tab.

3. Select View Current Solicitations.

4. Select My List.

5. Select the correct Opportunity Number (Opportunity No); the Overview page will display.

6. Click on Review Response from the navigation bar.

7. Click on Retract if your response needs to be revised.

8. A message will come up asking, “Are you sure you want to retract the Bid”. Click on Continue to confirm.

9. Click on Respond and revise as applicable.

10. Click on Review Response from the navigation bar and then click on Submit to submit your response.

1. MODOT RFP STANDARD PROPOSAL PROVISIONS

1.1. Solicitation Authority

The solicitation for the procurement of services referenced therein, is being issued under, and governed by, the provisions of Title 7 Missouri Department of Transportation, Division 10 Missouri Highways and

Transportation Commission, Chapter 11 Procurement of Supplies, of the Code of State Regulations. The

Missouri Highways and Transportation Commission (MHTC/Commission), acting by and through its operating arm, the Missouri Department of Transportation (MoDOT), draws the Offeror's attention to said 7

CSR 10-11 for all the provisions governing solicitation and receipt of proposals and the award of the contract pursuant to this solicitation.

1.2. Proposals to be Submitted by Officer or Employee

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All proposals must be submitted by a responsible officer or employee of the firm. Obligations assumed by such submission must be fulfilled.

1.3. MHTC Rights Reserved

MHTC reserves the right to reject any and all proposals for any reason whatsoever. Time is of the essence for responding to the RFP within the submission deadlines.

1.4 Personal Privacy Protection Act Notification

MHTC and MoDOT comply with all provisions in the Personal Privacy Protection Act found in section 105.1500, RSMo, and follow practices to keep confidential and sensitive information secure. Bidders acknowledge that submission of information is voluntary and that MHTC is not asking or requiring the submission of “personal information” as defined in the act. By submitting a bid, Bidders and Contractors agree to not to bring a suit against MHTC, or any employees, under section 105.1500, RSMo.

2. MODOT RFP PROPOSAL CERTIFICATION

2.1. Fee Proposal

The Offeror shall provide a fee proposal to MHTC in accordance with the terms of this Request for Proposal

(RFP). All services shall be performed at the fees offered and in accordance with the terms of this RFP.

2.2. Offeror's Certifications

By submission of the proposal, each Offeror, and in the case of a joint proposal, each party thereto as to its own organization, under penalty of perjury, certifies to the best of its knowledge and belief:

2.2.1. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other Offeror or any competitor.

2.2.2. Unless otherwise required by law, the proposed prices have not been knowingly disclosed by the

Offeror prior to the opening, directly or indirectly, to any other Offeror or to any competitor.

2.2.3. No attempt has been made or will be made by the Offeror to induce any other person, partnership or corporation to submit or not to submit a proposal for the purpose of restricting competition.

2.2.4. The Offeror certifies this proposal is made without any connection with any other person, firm, organization or business entity making a proposal for the same purpose, and is in all respects fair and without collusion or fraud, and that no elected official or other member, officer or employee or person whose salary is payable in whole or in part from the MHTC/MoDOT is directly or indirectly interested therein, or in any portion of the profits thereof.

3. MODOT RFP GENERAL DESCRIPTION AND BACKGROUND

3.1. General Description

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This document constitutes a RFP from prospective qualified Offerors to provide services to address unsheltered citizens residing on MoDOT right of way. This would involve notifying unsheltered citizens, offering of services, delivering services, and cleaning up right of way. In addition, should MoDOT resources be available and the Offeror has the capability to provide such services, MoDOT is interested in services for litter, brush removal, graffiti removal and disposal services in the Jackson County area right of ways for the MHTC, as set forth in this RFP. It is the intent of this RFP to have the successful Offeror(s) enter into an

Agreement with MHTC (hereinafter Resulting Agreement), to supply said services as outlined herein.

3.2. Background

MoDOT operates as a customer focused and results driven, state agency under a decentralized organization structure with headquarters in Jefferson City, Missouri and is governed by the Missouri

Highway and Transportation Commission (MHTC), a six-member Commission appointed by the Governor.

The Central Office provides oversight and support to seven (7) geographical districts primarily responsible for delivery of MoDOT's mission and tangible results. Each district contains approximately fifteen percent

(15%) of the total road mileage in the state highway system. MoDOT employs approximately five thousand one hundred (5,100) full-time employees. About eighty percent (80%) of those employees work in the seven

(7) districts with the remainder working in the various divisions within the Central Office facility.

The Missouri Department of Transportation (MoDOT) is responsible for operating and maintaining 33,825 miles of highway and 10,387 bridges along with tens of thousands of signs, signals, lights, and traffic cameras. Our Mission is to provide a world-class transportation system that is safe, innovative, reliable and dedicated to a prosperous Missouri. Along with other public right of ways, unsheltered citizens reside along the thousands of acres of highway right of way that MoDOT maintains. These citizens are not authorized to camp or construct temporary housing on MoDOT Right of Way.

According to the Greater Kansas City Coalition to End Homelessness (www.gkcceh.org), in 2021 there were more than 400 unsheltered individuals in the Kansas City/Independence/Lee's Summit/Jackson County area and over 800 individuals in emergency, transitional, or safe haven facilities for the unsheltered.

People sheltering on MoDOT right of way cause great risk to themselves and the infrastructure due to combustible materials being under bridges. These citizens are also at the mercy of extreme heat and cold.

This life safety risk unfortunately became a reality in January 2022 when an unsheltered camp under an I-70 bridge caught fire tragically killing a woman and closing the interstate for some time. These shelters typically are accompanied with large unsightly amounts of debris, litter/combustible materials, and many times graffiti is in the area.

There are many entities in the region willing and able to help unsheltered citizens find their way to a better life, and in turn, keep the right of ways clean and the transportation system operational. The challenging aspect of solving this problem is that no single entity is equipped to address this issue and there is not a coordinating entity. Not addressing this problem leads to human suffering, an unattractive and unreliable highway system that limits prosperity, and safety concerns for all.

3.3. Contract Period

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The Contract Period for the performance of the services described in this RFP is from the date of the fully executed Resulting Agreement through one (1) year. The successful Offeror shall perform any and all the services listed herein as often as requested by MHTC for the entire duration of the Contract Period as defined herein at the Guaranteed-Not-To-Exceed Prices submitted by the successful Offeror in response to this RFP.

3.4. Renewal Period

The contract shall not bind, not purport to bind, the MHTC for any contractual commitment in excess of the original contract period. The Commission shall have the right, at its sole option, to extend the contract for up to four (4) additional one-year periods, or any portion thereof. In the event the Commission exercises its options to extend the contract, such extension must be accomplished by a formal contract amendment approved and signed by representatives of the Offeror and Commission, respectively, each of whom being duly authorized to execute the contract amendment on behalf of the Offeror and Commission, respectively.

3.5. Schedule of Events

Below is the schedule that will be followed. Unless otherwise specified, the time of day will be 7:30 a.m. to 4:00 p.m. Central Time. MHTC reserves the right at its sole discretion to expand this schedule, as deemed necessary, without any notification except for the deadline date for submitting a proposal.

3.5.1. May 14, 2024 - Issuance of RFP

3.5.2 June 5, 2024 - Deadline for Offerors to submit written questions and requests for clarification to the

MHTC Representative.

3.5.3. June 10, 2024 - Issuance of Amendment with resolution to any questions submitted.

3.5.4. June 13, 2024 at 2:00pm Central Time - Deadline for submission of proposals.

3.5.5. July 3, 2024 - Anticipated Notification of Award

4. MODOT RFP SCOPE OF WORK AND SPECIFIC SERVICES

4.1 Scope of Work

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The successful Offeror(s)agrees to provide to MHTC the following services, but not limited to:

4.1.1. Serve as the coordinating entity to organize partnerships and facilitate delivery of services:

4.1.1.1. The minimum geographic area to be covered is a portion of Jackson County (see attachment

Exhibit 4). It is desirable to propose adjacent urban sections of Jackson, Clay and Platte Counties.

4.1.1.2. Decommissioned camp clean-up and disposal.

4.1.1.3. General trash/debris removal and disposal. Litter removal should be coordinated with MoDOT.

MoDOT currently has a contractor that is responsible for litter pickup along I-70 from downtown to I-470, I-

435 from the Missouri River south to the Kansas state line, I-470, US71 from downtown to Three Trails

Crossing, from Three Trails Crossing south to the Cass County line. We don’t anticipate the successful offeror will pick up litter on these routes.

4.1.1.4. All engagement and delivery of services shall be on the basis of human respect and dignity.

4.1.1.5. Coordinate temporary storage personal property, if necessary .

4.1.1.6. Graffiti identification and removal (optional). Painting over graffiti with matching paint is considered removal.

4.1.1.7. Brush removal and line trimming (optional).

4.1.2. Manage direct financial and in-kind contributions from other entities, coordinate processes to manage unsheltered citizens offering of services, trash, debris, and graffiti removal.

4.1.3. Develop strategies to accomplish the project goals .

4.1.4. Develop work plans with estimated cost and provide MoDOT with a proposed work list prior to commencing work. MoDOT will provide feedback or concurrence in a timely manner. Use of a planning spreadsheet may be helpful (see Exhibit 5).

4.1.5. Coordinate monthly meetings with MoDOT to discuss the prior months progress and plans for the following months. Meeting frequency can be adjusted as necessary.

4.1.6. Provide a safe and productive work environment. The Offeror(s) shall provide their own training as they deem necessary.

4.1.7. All workers on MoDOT right of way will be required to follow MoDOT safety requirements. To supplement the offerors internal training, MoDOT will provide mandatory training to the offerors’ staff related to working in and around traffic, applicable traffic control requirements, and general highway safety.

4.1.8. Some tasks will require traffic control to be safely performed. Traffic control will be provided by the

Offeror for work not occurring in a lane of traffic such as on the shoulder. The successful respondent will not be responsible for providing control in lanes of traffic. Traffic control for temporarily closing of an active highway lane must be coordinated with MoDOT in advance.

4.1.9. Track and report performance data for, but not limited to, camp decommissioning, services provided

(unsheltered encountered daily), daily debris and trash removal and graffiti removal.

4.1.10. If MoDOT and the Offeror agree, the offeror may, if resources permit, make their services cooperatively available to Counties, Cities and other non-state of Missouri political entities in the proposed region of coverage.

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4.2 Specific Services

The Offeror agrees to perform specific services within the above stated scope of work to include, but not be limited to the following:

4.2.1. There are some improvements in the RFP area where graffiti removal is the responsibility of City of

Kansas City, Missouri, Parks and Recreation Department (City):

4.2.1.1. US Route 71 from just south of 77th St. north to Truman Road, commonly referred to as Bruce R.

Watkins Drive, is under a maintenance agreement between the Missouri Highways and Transportation

Commission (MHTC) and the City. In this section of highway, MoDOT is responsible for removing graffiti from mechanically stabilized earth retaining walls. The City is responsible for maintaining and removing graffiti from decorative walls, walk concrete, masonry surfaces including: non-standard barrier walls, brick work concrete pavers or other special surface treatment on the bridges and beyond the bridge ends;

cladding on walls, pre-cast concrete cap block, decorative pedestrian walkways, decorative metal work including bridge railings, bridge fascia girders and handrails, ornamental or pedestrian lighting, and maintenance of any other decorative and beautification items not expressly identified as accepted by the

MHTC. Graffiti mitigation in the above noted areas of City responsibility should be referred to the KCMO

Parks and Recreation Department and will not be addressed under this RFP.

4.3 Award

4.3.1. Award shall be made to the most responsive and responsible offeror whose proposal is determined to be most advantageous to MoDOT, taking into consideration all evaluation factors.

4.3.2. MHTC reserves the right to offer multiple awards for this RFP.

4.4 Traffic Control

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4.4.1. All workers within MoDOT Right of Way shall wear high-visibility safety apparel meeting Class 2 or

Class 3 requirements of ANSI/ISEA 107-2004 publication entitled, “American National Standard for High-

Visibility Safety Apparel and Headwear”. This must include: hard hat, safety toe boots and safety glasses.

4.4.2. All ride-on equipment used in the work, including but not limited to riding mowers, trucks, tractors, and small utility supply vehicles, shall be equipped with a USDOT-approved warning light in accordance with

Sec 616.5.1. All ride-on mowing equipment and non-licensed supply equipment shall have a slow-moving vehicle sign properly located on the rear of the equipment.

4.4.3. During non-working hours, the successful Offeror, also referred to as Contractor after award, shall not park vehicles or store equipment or materials closer than 30 feet from the edge of pavement unless the equipment, vehicles, or materials are located behind a roadside barrier or in some other properly protected area. The Contractor shall notify the engineer of all temporary parking / storage locations located on the right of way.

4.4.4. During working hours, the Contractor shall not park service, supply, or equipment transport vehicles within 15 feet from the edge of pavement for more than 1 hour unless behind a barrier or in a protected area.

All service and supply operations shall be conducted at least 30 feet from the edge of pavement except as necessary to repair inoperable equipment.

4.4.5. In order to ensure minimal traffic interference, the Contractor shall schedule lane closures, subject to

MHTC's approval, for the absolute minimum amount of time required to complete the work. Lanes shall not be closed until material is available for continuous construction and the Contractor is prepared to diligently pursue the work until the closed lane is opened to traffic.

4.4.6. Traffic Congestion. The Contractor shall, upon approval of the engineer, take proactive measures to reduce traffic congestion in the work zone. The Contractor shall immediately implement appropriate mitigation strategies whenever traffic congestion reaches an excess of 10 minutes to prevent congestion from escalating to 15 minute or above threshold. If disruption of the traffic flow occurs and traffic is backed up in queues of 15-minute delays or longer, then the Contractor shall immediately review the construction operations which contributed directly to disruption of the traffic flow and make adjustments to the operations to prevent the queues from reoccurring. Traffic delays may be monitored by physical presence on site or by utilizing real-time travel data through the work zone that generate text and/or email notifications where available. The engineer monitoring the work zone may also notify the Contractor of delays that require prompt mitigation. The Contractor may work with the engineer to determine what other alternative solutions or time periods would be acceptable.

4.4.7. Except for emergency work and/or long-term lane closures required by project phasing, as determinded by the engineer, all lanes shall be scheduled to be open to traffic during the six major holiday periods shown below, from 12:00 noon on the last working day preceding the holiday until 6:00 a.m. on the first working day subsequent to the holiday unless otherwise approved by the engineer.

Memorial Day

Independence Day

Labor Day

Thanksgiving

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Christmas

New Year’s Day

The Contractor shall not perform any construction operation on the (roadway, roadbed or active lanes), (including the hauling of material within the project limits), during restricted periods, holiday periods or other special events specified in the contract documents.

4.4.8. At least one lane of traffic in each direction shall be maintained at all times except for brief intervals of time required when the movement of the Contractor’s equipment will seriously hinder the safe movement of traffic. Periods during which the Contractor will be allowed to interrupt traffic will be designated by the engineer.

4.4.9. Basis of Payment. All costs for complying with these provisions for safety requirements shall be included in and be considered completely covered by the individual contract pay items included in the contract. No direct payment will be made for furnishing, installing, maintaining, safety equipment or apparel.

No direct payment will be made to the Contractor to recover the cost of equipment, labor, materials, or time required to fulfill the above provisions.

4.5 Permits, Licenses and Safety Issues

4.5.1. The contract price shall include any necessary permits and licenses required by law incidental to the work. Local ordinances requiring building permits are not applicable to state agencies.

5. MODOT RFP REQUIRED ELEMENTS OF PROPOSAL AND

SUBMISSION

5.1. Required Elements of Proposal

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Each Offeror shall provide a cover letter signed by an authorized firm representative stating he/she has read and understands all of the terms and conditions of doing business with MHTC in response to this request for proposal. The proposal must be divided into sections corresponding to the list of elements described below.

5.1.1. Experience, Expertise and Reliability - With regard to documenting its experience, expertise, and reliability in performing the requested services, the Offeror must provide information related to previous and current contractual relationships considered identical or similar in scope to the one anticipated to result between MHTC and the successful Offeror pursuant to this RFP. At a minimum, the following information must be provided:

5.1.1.1. Name, address, telephone number of contracting agency/entity, and a contact person who can verify all data submitted.

5.1.1.2. Include a listing of partners, experience and expertise of those partners, and how those partnerships will work together to accomplish the services noted in this RFP, including services taking place off NoDOT Right of Way (i.e. sheltering, transitional housing, medical, mental health, etc).

5.1.1.3. Contract dates.

5.1.1.4. A brief, written description of the specific services provided, methods used, and the results associated with the specific services provided.

5.1.1.5. List of any pending legal action(s) involving your firm that could directly or indirectly impact the services provided to MHTC.

5.1.2. Qualifications and Expertise of Key Personnel - Each Offeror must provide detailed information documenting the experience and qualifications of the key personnel who would be assigned to perform work under the Resulting Agreement between MHTC and the successful Offeror entered into pursuant to this

RFP. Acceptable information shall include, but not be limited to, resumes detailing education, qualifications, previous work assignments, training, continuing education, certifications, etc. A work assignment organizational chart should be included in this section. Staff may be changed if those personnel leave the organization, are promoted or are assigned to another office. These personnel may also be changed for other reasons at the discretion of the Offeror provided that replacements have substantially the same or better qualifications or experience. However, in all cases, MHTC retains the right to approve or reject replacements.

5.1.3. Proposed Method of Performance - Each Offeror must present a written narrative demonstrating the method and/or manner in which it proposes to satisfy the requirements of this RFP. The language of the narrative shall be straightforward and limited to facts, solutions to the problems, and plans of proposed action as well as the timeline for completion of proposed action.

5.1.3.1. By reading the proposal, MHTC must be able to gain a comfortable grasp of the services to be provided and the methods proposed by the Offeror to provide them. A detailed explanation should be included to understand how the services comply with the requirements of this RFP.

5.1.3.2. In order to show feasibility, a timetable setting forth appropriate milestones shall be included in

Offerors proposal, with sufficient detail explaining how the Offeror will meet those timelines/milestones.

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5.1.4. Proposed Fee - Offerors must complete the pricing information to this RFP as specifically directed herein.

(a) Fee points shall be determined using a scale of twenty (20) possible points and the following formula:

Lowest Responsive Price /Compared Price X 20 = Fee score points

5.1.5. References - Provide at least three (3) references for which the Offeror firm provided services which are similar in nature to the services requested in this proposal over the past three (3) calendar years. MHTC reserves the right to determine which references to call and whether or not to call all references for all

Offerors. The reference list should include:

5.1.5.1. The reference firm name, address, telephone number, and fax number.

5.1.5.2. List of reference firm owners names and addresses.

5.1.5.3. A brief description of services provided and location of work performed.

5.1.5.4. Dates of contract and/or performance of service.

5.1.5.5. A contact person familiar with the services provided including their name, address, email address and telephone number.

5.1.6. The proposals will be evaluated based on the adequacy of the Offeror's response in addressing each of the Required Elements of the Proposal listed above as well as any other evaluation methods referenced in this RFP.

5.2. Submission of Proposals

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5.2.1. Electronic Proposal Format - If a registered Offeror is responding electronically through the

MissouriBUYS System website, in addition to completing the on-line pricing, the registered Offeror should submit completed exhibits, forms, and other information concerning the proposal as an attachment to the electronic proposal. The registered Offeror is instructed to review the RFP submission provisions carefully to ensure they are providing all required pricing, including applicable renewal pricing. Instructions on how a registered Offeror responds to a bid on-line are available on the MissouriBUYS System website at: https://missouribuys.mo.gov/bidboard.html.

In the event that the Offeror is an agency of state government or other such political subdivision which is prohibited by law or court decision from complying with certain provisions of an RFP, such Offeror may submit a proposal which contains a list of statutory limitations and identification of those prohibitive clauses.

The Offeror should include a complete list of statutory references and citations for each provision of the

RFP, which is affected by this paragraph. The statutory limitations and prohibitive clauses may (1) be requested to be clarified in writing or (2) be accepted without further clarification if the statutory limitations and prohibitive clauses are deemed acceptable. If MHTC determines clarification of the statutory limitations and prohibitive clauses is necessary, the clarification must be conducted in order to agree to language that reflects the intent and compliance of such law and/or court order and the RFP.

5.2.1.1. The exhibits, forms, and Pricing Page(s) provided herein can be saved into a word processing document, completed by a registered Offeror, and then sent as an attachment to the electronic submission.

Other information requested or required may be sent as an attachment. Additional instructions for submitting electronic attachments are on the MissouriBUYS System website. Be sure to include the solicitation/opportunity (OPP) number, company name, and a contact name on any electronic attachments.

Electronic copies of the proposal and electronic attachments should be searchable.

5.2.1.2. In addition, a registered Offeror may submit the exhibits, forms, Pricing Page(s), etc., through mail or courier service. However, any such submission must be received prior to the specified end date and time.

5.2.1.3. If a registered Offeror submits an electronic and hard copy proposal response and if such responses are not identical, the Offeror should explain which response is valid. MHTC shall consider the response with the terms most favorable to MHTC.

5.2.2. Hard Copy Proposal Format - If the Offeror is submitting a proposal via the mail or a courier service or is hand delivering the proposal, the Offeror should include completed exhibits, forms, and other information concerning the proposal (including completed Pricing Page(s) with the proposal. The Offeror is instructed to review the RFP submission provisions carefully to ensure they are providing all required pricing, including applicable renewal pricing.

5.2.2.1. The proposal should be page numbered and the signed page one from the original RFP and all signed addendums should be placed at the beginning of the proposal.

5.2.2.2. The Offeror should include one (1) original proposal. The front cover of the original proposal should be labeled original.

https://missouribuys.mo.gov/bidboard.html

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5.2.2.3. In addition, the Offeror should include one (1) complete electronic copy of their proposal in

Microsoft compatible format on password protected flash drives. The electronic copy should be in a searchable format to facilitate the evaluation process. The Offeror should be sure to provide the password so MoDOT can access the documents. The Offeror should ensure all media is identical to the

Offerors hardcopy original proposal. In case of a discrepancy, the original hardcopy proposal document shall govern. Electronic copies of the proposal and electronic attachments should be searchable.

5.2.3. Signatures - Any form containing a signature line in this RFP and any amendments, pricing pages, etc., must be manually signed and returned as part of the proposal.

5.2.4. Pricing - The Offeror is required to specify the pricing associated with this RFP as a firm fixed price.

The successful Offeror shall be responsible for performing all services listed in this RFP at the prices submitted. MHTC shall not be liable for any charges beyond those detailed in the proposal.

5.2.4.1. MHTC shall not make any payment to the successful Offeror in advance of the services rendered by the successful Offeror.

5.2.4.2. Each Offeror is responsible for its own expense in preparing, delivering or presenting a proposal, and for subsequent interviews or negotiations with MHTC, if any, as provided for in this RFP.

5.2.5. Proposal Life - The Offerors must include a statement in the proposal that indicates the length of time during which MHTC may rely on all proposal commitments. All proposals made in response to this RFP and quoted pricing must remain in effect for a period of not less than 90 days after the date for proposal submission. Any proposal accepted by MHTC for the purpose of contract negotiations shall remain valid until superseded by a contract or until rejected by MHTC.

5.2.6. Submission of All Information Required - The Offerors must respond to this RFP by submitting all the information required herein for its proposal to be evaluated and considered for award. Failure to submit all the required information shall be deemed sufficient cause for disqualification of a proposal from consideration.

5.2.7. Public Inspection - The Offerors are hereby advised that all proposals and the information contained in or related thereto are subject to Missouri Open Records Act and after contract award and execution of the

Resulting Agreement shall be open to public inspection and may be viewed and copied by any member of the public; therefore, MHTC does not assume any responsibility whatsoever in the event that such information is used or copied by individual persons or organizations.

5.2.7.1. Offerors claiming a statutory exception to the Missouri Open Records Act must clearly identify any confidential documents. The Offeror must also specify which statutory exception provision applies. MHTC reserves the right to make determinations of confidentiality. If MHTC does not agree that the information designated is confidential under one of the disclosure exceptions to the Missouri Open Records Act, it may either reject the proposal or discuss its interpretation of the allowable exceptions with the Offeror. If agreement can be reached, the proposal shall be considered. If agreement cannot be reached, MHTC shall remove the proposal from consideration for award and return the proposal to the Offeror.

5.2.7.2. MHTC shall not consider prices to be confidential information.

5.2.7.3. The Offeror must submit its proposal based on the conditions contained in this paragraph without reservations.

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5.2.8. Clarification of Requirements - It shall be the Offerors responsibility to ask questions, request changes or clarification, or otherwise advise MHTC/MoDOT if any language, specifications or requirements of the RFP appear to be ambiguous, contradictory, and/or arbitrary, or appear to inadvertently restrict or limit the requirements stated in the RFP to a single source.

5.2.8.1. Any and all communication from Offerors regarding specifications, requirements, competitive proposal, etc., must be directed to the RFP Contact listed herein, unless the RFP specifically refers the

Offerors to another contact. Such communication shall be received by the date noted in the Schedule of

Events.

5.2.8.2. Every attempt shall be made to ensure that the Offeror receives an adequate and prompt response.

However, in order to maintain a fair and equitable proposal process, all Offerors shall be advised, via the issuance of an addendum to the RFP, of any relevant or pertinent information related to the procurement.

Therefore, Offerors are advised that unless specified elsewhere in the RFP, any questions received after the listed date may not be answered.

5.2.9. After an initial screening of the written proposals, any, or all of the Offerors submitting a proposal in response to this RFP may be required to give an oral presentation of their proposal. Additional technical information may be requested for clarification purposes, but in no way to change the original written proposal submitted. MHTC reserves the right, in its sole discretion, to decide to conduct interviews with any or all of the Offerors. MHTC reserves the right, in its sole discretion, to determine the interview method, format and location. If an interview is conducted, it is preferred that the interviewed Offerors personnel to be assigned to the work, as well as key representatives, be present at and participate in the interview.

5.2.10. Official Position of MHTC - Offerors are cautioned that the only official position of the MHTC and

MoDOT is that which is issued by MHTC in the RFP or an amendment thereto. No other means of communication, whether oral or written, shall be construed as a formal or official response or statement.

6. MODOT RFP EVALUATION FACTORS AND PROCESS

6.1. Evaluation Factors

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The following factors shall be considered in the evaluation of the proposals:

6.1.1. Evaluation Criteria - Any agreement for services Resulting from this RFP shall be awarded to the

Offeror providing the best proposal to MHTC. After determining responsiveness, proposals shall be evaluated in accordance with the following criteria and maximum points per each criterion:

6.1.1.1. Experience, Expertise and Reliability - 20 Maximum Points

6.1.1.2. Qualifications and Expertise of Key Personnel - 20 Maximum Points

6.1.1.3. Proposed Method of Performance - 40 Maximum Points

6.1.1.4. Proposal Fee - 20 Maximum Points

6.1.2. Historic Information - MHTC reserves the right to consider historic information and facts, whether gained from the Offeror's proposal, presentations or interviews as applicable, references, or other sources, including but not limited to the listed subcontractors, in the evaluation process.

6.1.3. Responsibility to Submit Information - Each Offeror is cautioned that it is the Offeror's sole responsibility to submit information related to the evaluation criteria and MHTC is under no obligation to solicit such information if it is not included with the Offeror's proposal. Failure of the Offeror to submit such information may cause an adverse impact on the evaluation of the Offeror's proposal.

6.2. Proposal Review/ Evaluation

MHTC will select a group of individuals to comprise the proposal review team. MHTC may, in its sole discretion, form a subgroup of the proposal review team, consisting of one or more team members, to comprise a separate proposal evaluation team that would be responsible for evaluating proposals with regard to compliance with RFP requirements. All evaluation team members will use the evaluation criteria stated above and present the evaluations to the review team for further action in the proposal evaluation and contract award process. If MHTC opts to not create a separate subgroup proposal evaluation team, the proposal review team shall also act as the proposal evaluation team.

7. MODOT RFP TERMS AND CONDITIONS

7.1. Agreement Components

The Resulting Agreement between MHTC and the successful Offeror shall incorporate by reference as its components the following: the RFP and any written amendments thereto and the proposal submitted by the successful Offeror in response to the RFP. In case of a conflict between or inconsistency in the terms contained in the RFP and the proposal submitted by the Offeror in response to the RFP, the terms of the

RFP shall govern. In the event of a conflict between or inconsistency in the terms of the RFP and the

Resulting Agreement, the terms of the Resulting Agreement shall govern. MHTC reserves the right, in its sole discretion, to clarify any relationship in writing and such written clarification shall govern in case of any conflict with or inconsistency in the applicable requirements stated in the RFP and the successful Offeror's proposal.

7.2. RFP Contact

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The Deputy Director/Chief Engineer is designated as MHTC's representative with authority to act on behalf of MHTC for the purpose of administering the Resulting Agreement. MHTC's representative may designate by written notice other persons having the authority to act on behalf of MHTC in furtherance of the performance of the Resulting Agreement. Each Offeror shall fully coordinate its activities with the designated representative and shall consult the MHTC representative regarding any problem arising out of the provision of the services to the MHTC pursuant to this RFP and the Resulting Agreement. As the work of the successful Offeror progresses, advice and information on matters covered by the Resulting

Agreement shall be made available by the successful Offeror to the designated representative throughout the effective period of the Agreement. MHTC reserves the right to limit the authority of MHTC's representative provided herein as it deems necessary in its sole discretion at any time and from time to time throughout the duration of the RFP process and the Contract Period.

7.3. Assignment

The successful Offeror shall not assign, transfer, or delegate any interest in the services to be provided under this RFP and the Resulting Agreement without the prior written consent of the MHTC representative.

The successful Offeror may at its own expense employ clerical or technical assistance in the performance of the services under this RFP and the Resulting Agreement, such clerical and technical assistance provider being as fully bound as the Offeror to all confidentiality and work product provisions of this RFP and the

Resulting Agreement.

7.4. Amendments

Any change in the Resulting Agreement, whether by modification or supplementation, must be accomplished by a formal contract amendment approved and signed by representatives of the successful Offeror and

Commission, respectively, each of whom being duly authorized to execute the contract amendment on behalf of the successful Offeror and Commission, respectively.

7.5. Disputes

Disputes Under the RFP and Resulting Agreement: The MHTC representative, as applicable, will decide all questions which may arise as to the quality, quantity, and acceptability of any Offeror's proposals submitted in response to this RFP, and of the services under this RFP and the Resulting Agreement performed by the successful Offeror and as to the rate of progress of the services; all questions which may arise as to the interpretation of the services to be performed under this RFP and the Resulting Agreement; all questions as to the acceptable fulfillment of the Resulting Agreement on the part of the successful Offeror; the proper compensation for performance or breach of the Resulting Agreement; and all claims of any character whatsoever in connection with or growing out of the services to be performed or performed by the successful

Offeror, whether claims under this RFP and the Resulting Agreement or otherwise. The decision of the

MHTC representative, as applicable, shall be conclusive, binding, and incontestable.

7.6. Successors and Assigns

The Commission and the Offerors agree that this RFP and, as applicable, the Resulting Agreement as well as all agreements entered into under the provisions of this RFP, shall be binding upon the parties thereto and their successors and assigns.

7.7. Sole Beneficiary

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The Resulting Agreement will be made for the sole benefit of the parties thereto and nothing in this RFP or the Resulting Agreement shall be construed to give any rights or benefits to anyone other than the

Commission and the successful Offeror.

7.8. Cancellation of Resulting Agreement

MHTC may cancel the Resulting Agreement at any time by providing the successful Offeror with a written notice of cancellation. Should the Commission exercise its right to cancel the Resulting Agreement, cancellation will become effective upon the date specified in the notice of cancellation.

7.9. Bankruptcy

Upon filing for any bankruptcy or insolvency proceeding by or against any Offeror or assignee, whether voluntarily, or upon the appointment of a receiver for the benefit of creditors, the Commission reserves the right and sole discretion to reject the Offeror's proposal, or, as applicable, either cancel the Resulting

Agreement or affirm the Resulting Agreement and hold the successful Offeror responsible for damages.

7.10. Status of Independent Contractor

The successful Offeror represents itself to be an independent contractor offering such services to the general public and shall not represent itself or its employees to be an employee of MHTC or MoDOT.

Therefore, the successful Offeror shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, workers compensation, employee insurance, minimum wage requirements, overtime, or other such benefits or obligations.

7.11. Subcontractor

Any Offeror's proposal must identify all subcontractors, if any, and outline the contractual relationship between the Offeror and each subcontractor. Either a copy of the executed subcontract or a letter of agreement over the official signature of the firms involved must accompany each proposal. MHTC must approve the successful Offeror's subcontracting any portion of the services to be provided under the

Resulting Agreement. The successful Offeror is responsible for the performance of any obligations that may result from this RFP and the Agreement and shall not be relieved by the non-performance of any subcontractor.

7.12. MBE/WBE Participation Encouraged

Minority Participation Encouraged: Offerors are encouraged to obtain minority business enterprise

(MBE) and women business enterprise (WBE) participation in this work through the use of subcontractors, suppliers, joint ventures, or other arrangements that afford meaningful participation for M/WBEs (i.e. 10% MBE and 5% WBE participation).

7.12.1. Affirmative Action Program - Offerors are encouraged to submit copies of their existing affirmative action programs, if any. Offerors are also encouraged to directly hire minorities and women as direct employees of the Offerors.

7.12.2. Offeror's Responsibility Unconditional - Regardless of which persons or firms, if any, that the successful Offeror may use as subcontractors or suppliers of goods or services for the services to be provided, the successful Offeror ultimately remains responsible and liable to MHTC for the complete, accurate, and professional quality/performance of these services.

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7.13. Nondiscrimination

The Offerors shall comply with all state and federal statutes applicable to the Offerors relating to nondiscrimination, including, but not limited to, Chapter 213, RSMo; Title VI and Title VII of Civil Rights Act of 1964 as amended (42 U.S.C. Sections 2000d and 2000e, et seq.); and with any provision of the

Americans with Disabilities Act (42 U.S.C.