request for qualifications n29246 kaw point wwtp biosolids...

Request for Qualifications N29246

Kaw Point WWTP Biosolids Improvement Project

Progressive Design Build

Date of Request: February 21, 2019

Response Due By: March 29, 2019 2:00 PM, CST

Written responses and requests for information should be directed to: Sharon Reed Unified Government of Wyandotte County/Kansas City, Kansas Office of Procurement & Contract Compliance Fax: 913-573-5465 [email protected]

REQUEST FOR QUALIFICATIONS

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Table of Contents 1 Background ...................................................................................................................................................1

1.1 Introduction ................................................................................................................................................1

1.2 RFQ Organization .......................................................................................................................................1

1.3 Owner’s Objectives ....................................................................................................................................2

2 Project Overview ..........................................................................................................................................3

2.1 Project Scope ..............................................................................................................................................3

2.2 Project Budget and Funding ........................................................................................................................3

2.3 Project Schedule .........................................................................................................................................3

3 Progressive Design-Build Services ..............................................................................................................5

3.1 General .......................................................................................................................................................5

3.2 Roles and Responsibilities ..........................................................................................................................6

4 Procurement Process....................................................................................................................................7

4.1 Acknowledgement of RFQ .........................................................................................................................7

4.2 Communications and Owner Contact ..........................................................................................................7

4.3 Procurement Schedule ................................................................................................................................7

4.4 Pre-Submittal Meeting and Site Tour ..........................................................................................................7

5 SOQ Submission Requirements ..................................................................................................................8

5.1 Submittal Place and Deadline......................................................................................................................8

5.2 Submission Format .....................................................................................................................................8

5.3 Submission Content ....................................................................................................................................9

5.3.1 Transmittal Letter ............................................................................................................................9

5.3.2 Part 1 – Executive Summary ..........................................................................................................9

5.3.3 Part 2 – Design-Builder Profile ....................................................................................................10

5.3.4 Part 3 – Project Team ....................................................................................................................12

5.3.5 Part 4 – Experience .......................................................................................................................12

6 SOQ Evaluation and Selection ..................................................................................................................14

6.1 General .....................................................................................................................................................14

6.2 Responsiveness .........................................................................................................................................14

6.3 Minimum Qualification Requirements .....................................................................................................14

6.4 Determination of Short List ......................................................................................................................15

7 Standard Terms and Conditions ...............................................................................................................16

7.1 Agreement with Kansas Law ....................................................................................................................16


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7.2 Kansas Cash Basis Law ............................................................................................................................16

7.3 Payment of Taxes .....................................................................................................................................16

7.4 Disclaimer of Liability .............................................................................................................................16

7.5 Anti-Discrimination Requirements...........................................................................................................16

7.6 Termination for Default ............................................................................................................................17

7.7 Termination for Convenience ...................................................................................................................18

7.8 Disputes ....................................................................................................................................................19

7.9 Representations.........................................................................................................................................19

7.10 Ownership of Materials ............................................................................................................................20

7.11 Availability of Records and Audit ............................................................................................................20

7.12 Assignment ...............................................................................................................................................20

7.13 No Limit of Liability ................................................................................................................................20

7.14 Indemnification .........................................................................................................................................20

Attachment A ..........................................................................................................................................................22

Definition of Terms ..............................................................................................................................................22

Attachment B ...........................................................................................................................................................23

Scope of Design-Builder Services ........................................................................................................................23

Attachment C ............................................................................................................................................................27

Project Background Documents ...........................................................................................................................27

Attachment D ..........................................................................................................................................................28

Forms for Affirmation of Compliance..................................................................................................................28


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1 Background

1.1 Introduction

The Unified Government of Wyandotte County/Kansas City, Kansas (UG) is seeking sealed statements of qualifications (SOQ) from qualified design-build firm(s) for the Kaw Point Biosolids Improvement Project (Project) according to the requirements set forth in this RFQ, including the format and content guidelines in Section 5. The Project is to be designed and constructed in two phases using the progressive design-build delivery method:

• Phase One: Prepare design to at least 60% complete for the development of a guaranteed maximum price (GMP) proposal as defined in Attachment B (Scope of Design-Builder Services).

• Phase Two: Complete design, construction and post-construction tasks, including performance testing, startup commissioning and operator training and support

The Unified Government of Wyandotte County/Kansas City, Kansas (UG, Owner) will conduct this Progressive Design-Build procurement pursuant to UG Ordinance Sec. 29-316 and solicit proposals in a two-stage process. Phase I shall be the solicitation of qualifications of the design-build team and prequalifying a short list of firms to advance to Phase II. The UG will evaluate the qualifications of all firms in accordance with the instructions prescribed in the request for qualifications. Phase II shall be the solicitation of a proposal including the proposed project approach and an interview with each firm to present their qualifications and answer questions.

This RFQ is subject to revision after the date of issuance via written addenda. Any such addenda will be posted on the Owner’s web site and may not distributed directly to potential Respondents. It is each Respondent’s responsibility to obtain all RFQ addenda prior to submitting its SOQ. In no event will the Owner be liable for any costs incurred by any Respondent or any other party in developing or submitting an SOQ. The capitalized terms in this RFQ have the meanings as first used in the text of this RFQ and as defined in Attachment A (Definition of Terms).

1.2 RFQ Organization

This RFQ consists of seven Sections and six Attachments: • Section 1: Background • Section 2: Project Overview • Section 3: Progressive Design-Build Services • Section 4: Procurement Process • Section 5: SOQ Submission Requirements • Section 6: SOQ Evaluation and Selection • Section 7: Standard Terms and Conditions • Attachment A: Definition of Terms


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• Attachment B: Scope of Design-Builder Services • Attachment C: Project Background Documents • Attachment D: Forms for Affirmation of Compliance

The contents of the RFQ Attachments take priority over any conflicting statements in the RFQ Sections. Certain project background documents are being made available as Attachment C (Project Background Documents) for the purpose of preparing SOQs. The Owner is providing these documents only for the purpose of obtaining SOQs for the Project and does not confer a license or grant for any other use. Specific technical design requirements will be provided to the short-listed firms as part of the Request for Proposals (RFP).

1.3 Owner’s Objectives

The Owner’s objectives for delivery of the Project are as follows: • Quality: Provide treatment facilities and equipment that will be sustainable and will reliably produce

required quantities of finished quality in full compliance with federal and state regulations. • Cost: Minimize capital and life-cycle cost • Potential Revenue Source: Produce compressed gas for revenue. • Schedule: Achieve the scheduled completion date of July 2023 for design, construction and performance

testing of the Project. • Risk: Achieve an optimal balance of risk allocation between the Owner and the Design-Builder. • Safety: Implement an effective safety program incorporating best industry practices. • Regional Partnerships: Achieve long-term partnership with Design-Build team and regional users such as

Kansas City, MO.

By selecting the progressive design-build delivery method for the Project, the Owner is committed to working in close collaboration with the Design-Builder during Phase One to develop the Project’s design, to achieve the Project objectives, and to obtain a mutually-agreeable GMP for delivery of the Project. The design-build project procurement procedures are being completed in accordance with the Code of the Unified Government of Wyandotte County/Kansas City, Kansas, Chapter 29, Section 29-316.


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2 Project Overview

2.1 Project Scope

A Digester Improvements Study was completed by Black & Veatch in 2018 to evaluate improvements to the Kaw Point Wastewater Treatment Plant (WWTP), the Study is provided in Attachment C (Project Background Documents). Alternatives were developed to convert the Digester Complex to a facility with the ability to produce a minimum of Class B Biosolids for land application, as opposed to the facility’s current operating procedure of disposing of dewatered sludge in a landfill.

The base improvements to the existing digester complex include rehabilitation and/or replacement of digester feed piping, recirculation pumps, boilers, heat exchangers, gas handling, covers, and building heating, electrical, and plumbing to process solids produced at Kaw Point WWTP, as well as solids produced at the UG’s other treatment plants, Plant 20 WWTP and the expanded Wolcott WWTP. The existing sludge storage tanks at Kaw Point WWTP would also need to be converted back to anaerobic digestion facilities for land application to occur. The base improvements will also consider a stand-alone fats, oil, and grease (FOG) receiving and storage station to accept FOG and allow for transfer directly to the digester process.

As part of the B&V 2018 Study, a regional solids facility investigation was completed to determine necessary improvements for the treatment of solids conveyed from the City of Kansas City, Missouri (KCMO) West Side Facility. The additional improvements include a solids forcemain, WAS screening, WAS holding, additional digesters, and an additional digester building.

Potential project enhancements to be considered for this Project include an evaluation of sludge conditioning to offset the rehabilitation of the existing digesters in the base improvements and construction of additional digesters if the solids from the KCMO West Side Facility are included in the Project. Additional potential project enhancements include biogas utilization as a potential revenue source, side stream treatment of nitrogen and phosphorus, and potential to produce Class A Biosolids (as compostable material) to be utilized by the UG Parks and Recreation Department.

2.2 Project Budget and Funding

The cost for design and construction of the Project is currently budgeted at $30 to $70.5 million. Such budget may not include Owner’s other Project costs, such as professional advisory services, property or access rights, site investigations, environmental studies, certain governmental approvals, or taxes. The Owner intends to use sewer revenue bonds to provide the capital funding needed for the Project.

2.3 Project Schedule

As indicated in Section 4, it is anticipated that the Progressive Design-Build Contract will be executed on or about June 2019. The design, permitting, construction and performance testing of the completed Project are expected to be completed no later than July 2023.


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Development of GMP (June 2019 to December 2020)

Design Kickoff Meeting June 2019 Pre-Design Investigations and Condition Assessment August 2019 Alternative Evaluation and BODR December 2019 30% Design Development May 2020 60% Design Development September 2020 Guaranteed Maximum Price Proposal November 2020 Execute Phase 2 Construction Contract December 2020

Final Design and Construction Services (June 2021 to July 2023)

Final Design June 2021 Construction June 2021 to May 2023 Substantial Completion May 2023 Final Completion July 2023


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3 Progressive Design-Build Services

3.1 General

As noted in Section 1 and more fully described in Attachment B (Scope of Design-Builder Services), the Design-Builder will provide services in two distinct Phases.

Phase One services generally consist of preliminary engineering, investigations such as a condition assessment, and design development, as well as preparation, in close collaboration with the Owner, of a proposed price and schedule. The proposed price and schedule includes the Project’s design (developed to the Owner’s required level of completion), a GMP, Project schedule, and supporting documentation, such as detailed open-book costing for the GMP. Phase Two services generally encompass completing the Project’s design, construction and performance testing. Permitting activities are included in each Phase. General Services:

• Prepare and maintain a Project Management Plan and Project Schedule. • Perform monthly status reports throughout the Project. • Conduct progress meetings throughout both Phases of the Project. • Coordinate with the Owner and Owner’s Representative on communications with the Kansas Department

of Health and Environment (KDHE).

Phase One services: • Develop the Project execution plan, including personnel, communication, quality management, environmental

management, and Project schedule. • Participate in project meetings and workshops with the Owner and Owner’s Representative. • Evaluate Alternatives and produce the Basis of Design report. • Identify sources of high strength waste for co-digestion with biosolids to increase gas production. • Develop the engineering design (including preparing and submitting intermediate design review packages)

and value-engineering activities in conjunction with Owner. • Prepare a project cost model and provide detailed cost estimates as the design and design alternatives are

advanced. • Submit and negotiate a GMP to complete the Phase Two services. • Perform engineering studies (such as condition assessment, raw water/wastewater analyses) to support

design and cost estimating. • Identify Project permitting requirements and initiate certain permitting activities.

Phase Two services:

• Complete the final design. • Procure equipment and subcontractors. • Secure necessary permits. • Construct the Project. • Conduct startup, commissioning and performance testing. • Provide operator training.


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• Provide warranty coverage. • Assist the UG in negotiation of contracts for treatment of high strength waste.

3.2 Roles and Responsibilities

Owner: The Owner will cooperate with the Design-Builder and will fulfill its responsibilities in a timely manner to facilitate the Design-Builder’s timely and efficient performance of services. Owner responsibilities include:

• Review submissions and provide comments to Design-Builder. • Furnish existing studies and provide complete, accurate and reliable data and information regarding the

Project, including record drawings, preliminary studies, environmental impact assessments, and any other studies as necessary.

• Provide information and provide (or engage Design-Builder to perform) additional studies that may be necessary to complete the Project.

• Provide adequate funding. • Provide access to the Project site and any necessary easements. • Obtain the governmental approvals and permits Owner is responsible for, and assist Design-Builder in

obtaining governmental approvals and permits it is responsible for. • Provide necessary data and inputs (e.g., raw water, wastewater influent or biosolids) for Project start-up and

performance testing.

Design-Builder: The Design-Builder will cooperate with the Owner and will provide in a timely manner the Phase One and Phase Two services necessary to complete the Project scope specified in this RFQ. Design-Builder responsibilities include:

• Prepare design and construction documents. • Supervise subcontractors and Design-Builder personnel. • Obtain certain governmental approvals and permits. • Maintain site security. • Conduct performance testing. • Implement quality-management procedures. • Implement Project health and safety practices.

Owner’s Representative: The Owner’s Representative will cooperate with the Owner to assist the Owner in the adherence of the design criteria to the design-build project. The Owner’s Representative’s responsibilities include:

• Assist in Procurement of Design-Build Team. • Participate in Alternative Evaluation Workshops • Review Basis of Design Report. • Review Design Submittals. • Develop parallel cost estimates. • Participate in design-builder’s GMP and Phase Two contract negotiation.


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4 Procurement Process

4.1 Acknowledgement of RFQ

Each Respondent should provide the Owner an acknowledgement that it has received the RFQ and is a potential Respondent by February 28, 2019. Such acknowledgement shall identify and provide full contact information for the Respondent Contact, who shall be the Respondent’s single point of contact for the receipt of any future documents, notices and addenda associated with this RFQ. Such acknowledgement must be sent in writing and a copy electronically transmitted to the Owner Contact.

4.2 Communications and Owner Contact

All questions and inquiries concerning this RFQ shall be directed to the UG Purchasing Manager Sharon Reed at [email protected] or at (913) 573-5465. Telephone conversations must be confirmed in writing by the interested party.

Respondents should make NO CONTACT, either written or verbal, with the Unified Government Board of Commission, legal counsel, department personnel, consultants, or other county boards beginning with the issuance of this document through approval of award.

4.3 Procurement Schedule

The current procurement schedule is as follows:

Advertise RFQ Friday, February 21, 2019 RFQ Acknowledgement Thursday, February 28, 2019 Mandatory Pre-Submittal Meeting Friday, March 8, 2019, 10:00 A.M. Deadline for questions Wednesday, March 13, 2019, 2:00 P.M. Deadline for responses to be provided Wednesday, March 20, 2019 Submit SOQ Friday, March 29, 2019, 2:00 P.M. Short-List Notification/Issue RFP Friday, April 5, 2019

4.4 Pre-Submittal Meeting and Site Tour

Owner will conduct a pre-submittal meeting for those interested in responding to the RFQ. Attendance at this meeting is mandatory. The meeting will be held at Kaw Point Wastewater Treatment Plant (WWTP) on March 8, 2019 at 10:00 AM. At this meeting, Owner will offer information about the Project and the procurement process. Those who attend the pre-submittal meeting will have the opportunity to tour the Project site following the meeting to familiarize themselves with site conditions and constraints. Respondents shall advise the Owner Contact by February 28, 2019 of the names of individuals who will attend the pre-submittal meeting.


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5 SOQ Submission Requirements

5.1 Submittal Place and Deadline

Fourteen (14) paper documents (one original and thirteen (13) copies), as well as one (1) electronic versions of the SOQ on USB drive (preferred) in PDF format, must be received no later than March 29, 2019 at 2:00 PM, and addressed to:

Unified Government of Wyandotte County/Kansas City, Kansas Department of Procurement & Contract Compliance 701 North 7th Street, Suite 649B Kansas City, KS 66101-3064 Attention: Sharon Reed

All respondents may submit a completed copy of its response on the UG’s e-procurement site, which can be accessed at: http://purchasing.wycokck.org/eprocurement/vendor_login.aspx Registration in the e-procurement system is required in order to respond to this RFQ. All questions must be submitted in writing, regarding the registration or upload process, can be sent to Sharon Reed ([email protected]). Each Respondent assumes full responsibility for timely delivery of its SOQ at the required location. Any SOQ received after the submittal deadline will be deemed nonresponsive and returned. The delivered packaging containing the SOQ documents must note “SOQ Enclosed” on its face. All requirements outlined in this and related documents must be completed. An SOQ submitted without complete minimum information requested may be considered non-responsive and excluded from consideration for contract award.

The UG will not accept nor consider a SOQ that is late. It is the respondent's responsibility to ensure proposals are received by the closing date and time. Delays in mail delivery or any other means of transmittal, including couriers or agents of the issuing entity shall not excuse late submissions. Respondents shall be responsible for actual delivery of the SOQ to the appropriate department identified in document.

The UG may delay or modify scheduled event dates if it is to the advantage of the UG to do so. The UG will notify potential Respondents of all changes in scheduled due dates by posting any change in the form of an Addendum on the UG’s website below.

5.2 Submission Format

The SOQ must not exceed thirty (30) total pages (8½ x 11 inch with 1-inch or greater margins count as one page, each one-sided 11 x 17 inch page will count as two pages), excluding the transmittal letter, index or table of contents, front and back covers, title pages/separation tabs, and appendices.

http://purchasing.wycokck.org/eprocurement/vendor_login.aspx

mailto:[email protected]


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5.3 Submission Content

The content requirements set forth in this RFQ represent the minimum content requirements for the SOQ. It is the Respondent’s responsibility to include information in its SOQ to present all relevant qualifications and other materials. The SOQ, however, should not contain standard marketing or other general materials. It is the Respondent’s responsibility to modify such materials so that only directly relevant information is included in the SOQ. The SOQ must include the following information in the order listed:

• Transmittal Letter • Part 1 – Executive Summary • Part 2 – Design-Builder Profile • Part 3 – Project Team • Part 4 – Experience • Appendix A – Forms for Affirmation of Compliance • Appendix B – Resumes • Appendix C – Financial Statements (separate sealed envelope marked CONFIDENTIAL) • Appendix D – Bonding Capacity • Appendix E – Insurance Certificate (separate sealed envelope marked CONFIDENTIAL)

5.3.1 Transmittal Letter

Respondents must submit a transmittal letter (maximum two pages) on the Respondent’s letterhead. It must be signed by a representative of the Respondent who is authorized to sign such material and to commit the Respondent to the obligations contained in the SOQ. The transmittal letter must include the name, address, phone number and email address for the Respondent’s Contact, and must specify who would be the Design-Builder’s signatory to any contract documents executed with the Owner. Such letter may include other information deemed relevant by the Respondent. The transmittal letter must refer to SOQ Appendix A (Forms for Affirmation of Compliance), based on the forms in RFQ Attachment D (Forms for Affirmation of Compliance).

5.3.2 Part 1 – Executive Summary

The executive summary (maximum three pages) must include a concise overview of the key elements of the SOQ and must summarize and refer to information in the SOQ concerning satisfaction of the Minimum Qualification Requirements. The executive summary shall not be used to convey additional information not found elsewhere in the SOQ.


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5.3.3 Part 2 – Design-Builder Profile

A detailed and complete description of the company proposed as the Design-Builder must be provided in Part 2 of the SOQ. (The term “company” can refer to either a single entity or a joint venture.) Information concerning Key Personnel and other firms that may be included on the Project Team, such as subconsultants and subcontractors, should be provided in Part 3 of the SOQ. The Design-Builder Profile must include the following information:

• General Provide general information about the Design-Builder, such as lines of business and service offerings, locations of home and other offices, number of employees (professional and non-professional), years in business, and evidence of required licenses.

• Legal structure Identify whether the Design-Builder is organized as a corporation, limited liability company (LLC), general partnership, joint venture, limited partnership, or other form of legal entity. As applicable, identify the owners of the Design-Builder (e.g., shareholders, members, partners, and the like) who hold an interest of ten percent or more.

• Project office location Identify where the Design-Builder intends to maintain its project office(s) and where the majority of the design work will be performed.

• Financial condition In SOQ Part 2 Appendix C (Financial Statements), provide audited financial statements for the Design-Builder for the past three years and quarterly financial statements, certified by the chief financial officer, for the current year. If the Design-Builder is a joint venture, LLC, or partnership, such financial statements must be provided for each partner or member. Only the UG’s Department of Procurement & Contract Compliance will be provided the financial statements for review.

• Payment and performance bonds A letter from the Design-Builder’s surety must be provided to verify the availability of a design-build bond of at least $ 70.5 million for this Project. The surety must be authorized by law to do business in Kansas and must have an A.M. Best Company Rating of “A-VII” or better. The surety must also be listed in the U.S. Department of Treasury’s Circular 570.

Firms submitting a SOQ shall also be capable of providing a public works bond in accordance with K.S.A. 60-1111, and amendments thereto, and shall present evidence of such bonding capacity to the UG with their SOQ. If a firm fails to present such evidence, such firm shall be deemed unqualified for selection under this subsection.

• Insurance In SOQ Part 2 Appendix E (Insurance Certificate) in a separate sealed envelope that will be reviewed by the the UG’s Department of Procurement & Contract Compliance, a letter or Certificate of Insurance from the Design Builder’s insurance company must be provided stating its ability to acquire and provide the following


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minimum limits for the required insurance: — Statutory workers compensation insurance (as required by state law) — Employer’s liability insurance: $1,000,000 — Commercial general liability insurance: $1,000,000 per occurrence; $2,000,000 annual aggregate — Commercial automobile liability insurance: $1,000,000 combined single limit for bodily injury and

property damage — Excess liability insurance above the employer’s, general and automobile insurance: $1,000,000 — Professional liability (errors and omissions): $1,000,000 each occurrence and in the aggregate

The required insurance must be obtained and maintained from insurance companies that have an A.M. Best Rating of “A-VII” or better and are duly licensed or authorized in Kansas.

The SOQ must provide the following additional information pertaining to factors or events that have the potential to adversely impact the Design-Builder’s ability to perform its contractual commitments.

• Material adverse changes in financial position. Describe any material historical, existing or anticipated changes in financial position, including mergers, acquisitions, takeovers, joint ventures, bankruptcies, divestitures, or any material changes in the mode of conducting business.

• Legal proceedings and judgments. List and briefly describe any pending or past (within 10 years) legal proceedings and judgments, or any contingent liability that could adversely affect the financial position or ability to perform contractual commitments to Owner. If no such proceedings or judgments are listed, provide a sworn statement to that effect from the general counsel.

• Completion of contracts. Has the Design-Builder failed to complete any contract, or has any contract been

terminated due to alleged poor performance or default within the past 10 years? If so, describe the circumstances.

• Violation of laws. Has the Design-Builder been convicted of any criminal conduct or been found in violation of any federal, state, or local statute, regulation, or court order concerning antitrust, public contracting, employment discrimination or prevailing wages within the past 10 years? If so, describe the circumstances.

• Debarred from bidding. Has the Design-Builder been debarred within the past 10 years, or is it under

consideration for debarment, on public contracts by the federal government or by any state? If so, describe the circumstances.

If any of the above questions are answered in a manner that indicates that any of these unfavorable factors or events are present, it is the Respondent’s responsibility to: (1) describe in detail the unfavorable factor or event; and (2) provide sufficient information to demonstrate that the unfavorable factor or event will not adversely impact the Design-Builder’s ability to perform its contractual commitments.

The Respondent must notify the Owner of any changes subsequent to submission of the SOQ and before the selection


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process is completed (and, in the case of the selected Respondent, before execution of the Progressive Design-Build Contract).

5.3.4 Part 3 – Project Team

The composition, organization and management of the Project Team must be described in two separate subsections. Design-Builder/other firms:

• Identify any other firms (such as subcontractors and subconsultants) included on the Project Team along with the Design-Builder and describe the scope of the Design-Builder’s and each firm’s services and responsibilities during Phase One and Phase Two of the Project. The firm(s) serving as the Designer and the Builder must be clearly identified.

o Subcontractors to be used during Phase One of the Project shall be identified, while those to be used during Phase Two are not required to be identified.

• Provide Phase One and Phase Two organizational charts showing the reporting relationships and responsibilities of the Design-Builder and any other firms, and describe the Design-Builder’s approach to the management of such firms.

Key Personnel

• Identify and provide a brief bio of all Key Personnel (and their firm affiliations) on the Project Team and describe their specific responsibilities during Phase One and Phase Two of the Project.

• Provide Phase One and Phase Two organizational charts showing the reporting relationships and responsibilities of all Key Personnel (along with their firm affiliations) and describe the Design-Builder’s approach to the management of such Key Personnel.

• Indicate the commitment of all Key Personnel in terms of an estimated percentage of time during each phase of the Project.

• Provide resumes for all Key Personnel in SOQ Appendix B (Resumes). Resumes must be limited to two pages per individual and include: —Academic and professional qualifications —Professional registration (as applicable) —Experience as it relates to the Project and to the individual’s specified role on the Project

Any change in the firms or Key Personnel included in the SOQ would require Owner approval.

5.3.5 Part 4 – Experience

The SOQ must describe the performance history and experience of the Project Team on similar projects and provide information concerning safety. Reference Projects

The Respondent shall submit descriptions of reference projects to demonstrate relevant experience.


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Each project description shall contain at least the following information:

• Name of owner • Owner reference and contact information • Role of respondent • Contract value • Year started and year completed • Description of the project showing relevance to this Project • Firms and Key Personnel that participated in project and are included in this SOQ, along with a clear

description of the project role and responsibility of each In addition, a one-page summary table should be provided to cross-reference the Project Team (firms and Key Personnel) with participation in the reference projects. Safety Provide a summary description of the Design-Builder’s corporate safety program and include safety statistics or records indicating categories of accidents and their incidence or frequency rates for the past five years. The following safety records must be provided for the Design-Builder for the current and past five years:

• The experience modification rate (EMR) calculated by the National Council on Compensation Insurance or similar rating bureau. (The EMR is also referred to as the experience modification rating, experience modification factor, experience modifier or X-mod.)

• The days-away-from-work injury incidence rate. A day-away-from-work injury is an injury that prevents an employee from returning to his or her next regularly scheduled shift. The incidence rate is calculated by multiplying the number of days-away-from-work injuries for the particular year by 200,000 and then dividing the product by the person-hours worked for that year.


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6 SOQ Evaluation and Selection

6.1 General

The SOQs will be reviewed and evaluated by the Owner’s selection committee (with assistance provided by outside advisors if desired by Owner) according to the requirements and criteria outlined in this Section 6. During the SOQ evaluation process, written questions or requests for clarifications may be submitted to one or more Respondents regarding its SOQ or related matters. Failure to respond in a timely manner to any such questions or requests may be grounds for elimination of the Respondent from further consideration. In addition, the Owner may require that all or a limited number of Respondents participate in interviews.

6.2 Responsiveness

Each SOQ will be reviewed to determine whether it is responsive to the RFQ. Failure to comply with the requirements of this RFQ may result in an SOQ being rejected as nonresponsive. At its sole discretion, however, the selection committee may waive any such failure to meet a requirement of this RFQ and may request clarification or additional information to remedy a failure.

6.3 Minimum Qualification Requirements

Each responsive SOQ will be reviewed to determine whether it meets the Minimum Qualification Requirements outlined in this subsection. At its sole discretion, the selection committee may waive any failure to satisfy such requirements and may request clarification or additional information to address any questions that may arise in this regard. Any SOQ that does not satisfy all the Minimum Qualification Requirements may be rejected.

• Performance bond. Ability of the Design-Builder to provide a design-build performance bond in the amount of $70,500,000.

• Material adverse condition. The Design-Builder must not be subject to a material adverse condition, such as pending litigation, insufficient liquidity, weak operating net income or cash flow, or excessive leverage, that gives rise to reasonable doubt concerning its ability to continue to operate as an ongoing concern, to provide performance bonds or insurance, or to maintain sufficient financial strength to undertake and successfully complete the Project and to mitigate/absorb Project risks.

• Licensing and registration. The Design-Builder and each firm must be licensed in Kansas for the type of work to be performed. The Designer must include in responsible charge an engineer registered in Kansas, and each architect must be registered in Kansas.

• Experience: Provide a maximum of 10 projects completed for municipal clients in the United States within the past 10 years similar to the base improvements described in Section 2.1 above for the following categories of experience:


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o Design experience o Construction experience o Design-build experience

Preference will be given to project experience that includes beneficial use experience within the past 10 years, including, at a minimum, brokerage of high strength waste for co-digestion and experience in gas cleaning and utilization as a revenue source.

• Safety record. The Builder must present an experience modification rate (EMR) for the current and past

two years.

6.4 Determination of Short List

The UG shall evaluate the qualifications of all firms in accordance with the instructions prescribed in this RFQ and in accordance with the Code of the Unified Government of Wyandotte County/Kansas City, Kansas, Chapter 29, Section 29-316.

A short list containing a minimum of three and maximum of five qualified firms selected by the evaluation team to have the best and most relevant qualification to perform the services required of the project and may proceed to Phase II of the selection process. If the UG receives qualifications from less than four firms, all firms shall be invited to participate in Phase II of the selection process. Firms lacking the necessary qualifications to perform the work shall be disqualified and shall not proceed to Phase II. Under no circumstances shall price or fees be considered as part of the prequalification criteria. Points assigned in the Phase I evaluation process shall not carry forward to Phase II of the process. All qualified firms shall be ranked on points given. The evaluation and scoring process shall determine the greatest value to the UG. After the evaluation process is complete, the Owner will notify Respondents of the rankings. The top-ranked Respondents will be selected for inclusion in the short-list and for receipt of the RFP.


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7 Standard Terms and Conditions The following terms and conditions must be agreed to by the selected design-builder and are hereby made a part of the contract entered into between the UG and the selected design-builder, unless specifically modified in writing:

7.1 Agreement with Kansas Law

All contractual agreements shall be subject to, governed by, and construed according to the laws of the State of Kansas.

7.2 Kansas Cash Basis Law

This Agreement is subject to the Kansas Cash Basis Law, K.S.A. 10-1101. Any automatic renewal of the terms of the Agreement shall create no legal obligation on the part of the Unified Government. The Unified Government is obligated only to pay periodic payments or monthly installments under the Agreement as may lawfully be made from (a) funds budgeted and appropriated for that purpose during the Unified Government's current budget year or (b) funds made available from any lawfully operated revenue producing source.

The UG shall not be responsible for, nor indemnify the selected firm for any federal, state, or local taxes which may be imposed or levied upon the subject matter of this Agreement. The selected firm shall pay the Unified Government occupation tax prior to execution of the Agreement.

The UG shall file an application for property tax exemption with the Board of Tax Appeals for the Argentine Recreational Community Center. Should the exemption be denied, the selected firm shall be responsible for and pay all ad valorem taxes incurred each year on a timely basis.

7.3 Payment of Taxes

The Unified Government shall not be responsible for, nor indemnify the selected firm for any federal, state, or local taxes which may be imposed or levied upon the subject matter of this Agreement. The selected firm shall pay the Unified Government occupation tax prior to execution of the Agreement.

7.4 Disclaimer of Liability

The Unified Government shall not hold harmless or indemnify the selected firm for any liability whatsoever.

7.5 Anti-Discrimination Requirements

During the performance of this Agreement, the selected firm agrees as follows:

The selected firm will not discriminate against any employee or applicant for employment because of race, religion, color, sex, disability, age, national origin, or ancestry. The selected firm will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, religion,


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color, sex, sexual orientation, gender identity, disability, age, national origin or ancestry. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer; the recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and, selection for training, including apprenticeship. The selected firm agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the Unified Government, setting forth the provisions of this nondiscrimination clause.

The selected firm will, in all solicitations or advertisements for employees placed by or on behalf of the selected firm; state that all qualified applicants will receive consideration for employment without regard to race, religion, color, sex, disability, age, national origin, or ancestry.

The selected firm will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement so that such provisions shall apply to contracts or subcontracts for standard commercial supplies or raw materials.

The selected firm shall assure that it and all subcontractors will implement the certificate of compliance in connection with this Agreement.

If the selected firm shall fail, refuse, or neglect to comply with the terms of these contractual conditions, such failure shall be deemed a total breach of the contract and such Agreement may be terminated, canceled, or suspended, in whole or in part, and the selected firm may be declared ineligible for any further Unified Government contracts for a period of up to one year. Provided that if an Agreement is terminated, canceled, or suspended for failure to comply with this section, the selected firm shall have no claims for damages against the Unified Government on account of such termination, cancellation, or suspension or declaration of ineligibility.

The selected firm shall assure that it is in compliance with and shall maintain sufficient records to document that, under all aspects of this Agreement, it has acted in a manner which is in full compliance with all applicable sections of the Equal Employment Section of this Agreement, and the following, as applicable: Title Vl of the Civil Rights Act of 1964 (as amended) (42 USCS '2000d et seq.); Title VII of the Civil Rights Act of 1964 (42 USCS '2000e et seq.); Title VIII of the Civil Rights Act of 1968 (42 USCS '3601 et seq.); the Americans with Disabilities Act of 1990, 42 U.S.C. '12101, and amendments thereto; the Kansas Act Against Discrimination, K.S.A. '44-1001 through 1004 (1992 Supp.) and amendments thereto; Chapter 11 of the Procurement Code and Regulations of the Unified Government of Wyandotte County/Kansas City, Kansas, and amendments thereto; and, '18-86 and 87 of the 1988 Code of Ordinances of the Unified Government of Wyandotte County/Kansas City, Kansas, and amendments thereto. Such records shall at all times remain open to inspection by an individual designated by the Unified Government for such purpose.

The selected firm and the Unified Government, in carrying out this Agreement, shall also comply with all other applicable existing federal, state and local laws relative to equal opportunity and nondiscrimination, all of which are incorporated by reference and made a part of this Agreement.

The selected firm will be required to conform to Equal Employment Opportunity and Affirmative Action requirements prior to the execution of this Contract.

7.6 Termination for Default

If the selected firm refuses or fails to perform any of the provisions of this Agreement with such diligence as will


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ensure its completion within the time specified in this Agreement, or any extension thereof, or commits any other substantial breach of this Agreement, the Procurement Officer may notify the selected firm in writing of the delay or nonperformance and, if not cured in ten days or any longer time specified in writing by the Procurement Officer, such officer may terminate the selected firm 's rights to proceed with the Agreement or such part of the Agreement as to which there has been delay or a failure to properly perform.

The Unified Government shall pay the selected firm the costs and expenses and reasonable profit for services performed by the selected firm prior to receipt of the notice of termination; however, the Unified Government may withhold from amounts due the selected firm such sums as the Procurement Officer deems to be necessary to protect the Unified Government against toss caused by the selected firm because of the default.

Except with respect to defaults of subcontractors, the selected firm shall not be in default by reason of any failure in performance of this Agreement in accordance with its terms if the selected firm has notified the Procurement Officer within 15 days of the cause of the delay and the failure arises out of causes such as acts of God, acts of the public enemy, act of the Unified Government and any other governmental entity in its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, or other labor disputes. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, the selected firm shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit the selected firm to meet the contract requirements Upon request of the selected firm, the Procurement Officer shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, the selected firm 's progress and performance would have met the terms of the Agreement, the time for completion of the Agreement shall be revised accordingly.

If, after notice of termination of the selected firm's right to proceed under the provisions of this clause, it is determined for any reason that the selected firm was not in default under the provisions of this clause, and both the Unified Government and the selected firm agree, the rights and obligations of the parties shall be the same as if the notice of termination had not been issued.

The following acts committed by the selected firm will constitute a substantial breach of the Agreement and may result in termination of the Agreement:

• If the selected firm is adjudged bankrupt or insolvent; • If the selected firm makes a general assignment for the benefit of his creditors; • If a trustee or receiver is appointed for the selected firm or any of his property; • If the selected firm files a petition to take advantage of any debtor's act or to reorganize under bankruptcy

or applicable laws; • If the selected firm repeatedly fails to supply sufficient services; • If the selected firm disregards the authority of the Procurement Officer; • Acts other than those specified may constitute substantial breach of this Agreement.

7.7 Termination for Convenience

The Procurement Officer may, when the interests of the Unified Government so require, terminate this contract in whole or in part, for the convenience of the Unified Government. The Procurement Officer shall give written notice


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of the termination to the selected firm specifying the part of the contract terminated and when termination becomes effective.

The selected firm shall incur no further obligations in connection with the terminated work and on the date set in the notice of termination the selected firm will stop work to the extent specified.

The Procurement Officer shall pay the selected firm the following amounts:

• All costs and expenses incurred by the selected firm for work accepted by the Unified Government prior to the selected firm 's receipt of the notice of termination, plus a reasonable profit for said work.

• All costs and expenses incurred by the selected firm for work not yet accepted by the Unified Government but performed by the selected firm prior to receipt of the notice of termination, plus a reasonable profit for said work.

• Anticipatory profit for work and services not performed by the selected firm shall not be allowed.

7.8 Disputes

All controversies between the Unified Government and the selected firm which arise under, or are by virtue of, this Agreement and which are not resolved by mutual agreement, shall be decided by the Procurement Officer in writing, within 30 days after a written request by the selected firm for a final decision concerning the controversy; provided, however, that if the Procurement Officer does not issue a written decision within 30 days after written request for a final decision, or within such longer period as may be agreed upon by the parties, then the selected firm may proceed as if an adverse decision had been received.

The Procurement Officer shall immediately furnish a copy of the decision to the selected firm by certified mail, return receipt requested, or by any other method that provides evidence of receipt. Any such decision shall be final and conclusive, unless fraudulent, or the selected firm brings an action seeking judicial review of the decision in the Wyandotte County District Court.

The selected firm shall comply with any decision of the Procurement Officer and proceed diligently with performance of this Agreement pending final resolution by the Wyandotte County District Court of any controversy arising under, or by virtue of, this Agreement, except where there has been a material breach of the Agreement by the Unified Government; provided, however, that in any event the selected firm shall proceed diligently with the performance of the Agreement where the Purchasing Director has made a written determination that continuation of work under the contract is essential to the public health and safety.

Notwithstanding any language to the contrary, no interpretation shall be allowed to find the Unified Government has agreed to binding arbitration, or the payment of damages or penalties upon the occurrence of any contingency. Further, the Unified Government shall not agree to pay attorney fees and late payment charges.

7.9 Representations

The selected firm makes the following representations:

• The price submitted is independently arrived at without collusion.


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• It has not knowingly influenced and promises that it will not knowingly influence a Unified Government employee or former Unified Government employee to breach any of the ethical standards set forth in Article 12 of the Procurement Regulations.

• It has not violated, and is not violating, and promises that it will not violate the prohibition against gratuities and kickbacks set forth in Section 29-635 (Gratuities and Kickbacks) of the Procurement Code.

It has not retained and will not retain a person to solicit or secure a Unified Government contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except for retention of bona fide employees or bona fide established commercial selling agencies for the purpose of securing business.

7.10 Ownership of Materials

All property rights, including publication rights, in all interim, draft, and final reports and other documentation, including machine-readable media, produced by the selected firm in connection with the work pursuant to this Agreement, shall be in the Unified Government.

7.11 Availability of Records and Audit

The selected firm agrees to maintain books, records, documents, and other evidence pertaining to the costs and expenses of the services provided under the Agreement (hereinafter collectively called "records") to the extent and in such detail as will properly reflect all net costs, direct and indirect, of labor, materials, equipment, supplies, and services, and other costs and expenses of whatever nature for which reimbursement is claimed under the provisions of this Agreement. The selected firm agrees to make available at the offices of the Unified Government at all times during the period set forth in the Request for Proposals any of the records for inspection, audit, or reproduction by any authorized representative of the Unified Government. Except for documentary evidence delivered to the offices of the Unified Government, the selected firm shall preserve and make available to persons designated by the Unified Government his records for a period of three years from the date of final payment under the Agreement or until all audit questions have been resolved, whichever period of time is longer.

7.12 Assignment

Neither the selected firm nor the Unified Government shall sell, transfer, assign, or otherwise dispose of any rights or obligations created by the Contract Documents or any portion thereof without the written consent of the other party.

7.13 No Limit of Liability

Nothing in this Agreement shall be construed to limit the selected firm’s liability to the Unified Government as such liability may exist by or under operation of law.

7.14 Indemnification

The selected firm shall indemnify, defend, and hold the Unified Government of Wyandotte County/Kansas City, Kansas harmless from and against all claims, losses, damages, or costs arising from or in any way related to the


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selected firm's breach of the foregoing warranties. This indemnification shall not be subject to any limitations of remedies or warranties which are contained in this or any other agreement and shall survive termination of this or any other agreement between the parties hereto or thereto.


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Attachment A

Definition of Terms

The definitions of some of the capitalized terms used in this RFQ are presented below: Builder – The Design-Builder or other firm (such as a subcontractor or joint venture partner) that will provide construction services and have responsible charge of construction of the Project.

Designer – The Design-Builder or other firm (such as a subconsultant or joint venture partner) that will provide professional design services and have responsible charge of the design, including preparation of the construction documents.

Design-Builder – The entity that will enter into the Progressive Design-Build Contract with the Owner and that will be the single point of accountability to the Owner for delivering the services and the Project.

Draft Progressive Design-Build Contract – The draft contract, including the agreement and all of its attachments

Key Personnel – The individuals, employed by Design-Builder or other firm included on the Project Team, who would fill certain key roles in delivery of the Project and related services by the Design-Builder, including the following positions: project manager, safety manager, design manager, and construction manager.

Minimum Qualification Requirements – The requirements set forth in Subsection 6.3 of this RFQ that, at a minimum, must be satisfied (or waived by the Owner) in order for the SOQ to be evaluated and ranked according to the comparative evaluation criteria.

Owner – Unified Government of Wyandotte County/Kansas City, Kansas (UG) Project – Kaw Point Biosolids Improvements Project Project Team – The Design-Builder, Key Personnel and any additional firms (such as subcontractors and subconsultants) included in the SOQ.

Respondent – The entity responding to this RFQ by submitting the SOQ.


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Attachment B

Scope of Design-Builder Services

Listed below are typical services the Design-Builder will be expected to be able to perform for the project.

General Services Included in Phase One and Phase Two (Preconstruction and Construction) Services shall include:

1. The preparation, submission and maintenance of a Project Management Plan the Design-Builder shall provide components including: Personnel Plan, Communication Plan, Project Schedule, Cost Estimate Model, Construction Execution Plan, Start-up and Commissioning Plan, Permitting Plan, Quality Management Plan, Environmental Management Plan, Safety Plan, and an Emergency Response Plan.

2. The Design-Builder shall submit a printed copy and an electronic copy (PDF format) of the Project Management Plan to Owner’s Representative.

3. A Project Schedule shall include schedule information for the first and second phases of the Project as identified in the Draft Progressive Design-Build contract.

4. Monthly Status reports and schedules shall be provided with payment applications. Status reports shall describe activities performed during reporting period, anticipated activities during the next period and any problems or anticipated issues that will impact Project scope, schedule or budget. The Project Schedule shall be cost loaded and automatically generated by a software package such as Primavera. Provide tracking graphs showing planned vs. actual Project expenditures.

5. The Design-Builder shall conduct weekly teleconferences and monthly in-person meetings with key personnel with the Owner and Owner’s Representative to update the Project participants on the design, Project Schedule, constructability review and scope conformance.

6. Coordinate with the Owner’s Representative and Owner on all communications with the Kansas Department of Health and Environment.

Phase One (Preconstruction) Services will generally include:

1. Provide Key Personnel Plan and all other associated personnel necessary to fully meet the Design-Builder obligations for Preconstruction Phase Services including but not limited to pre-construction and construction project manager(s), lead estimator, lead scheduler, procurement lead, QA/QC lead and all other associated personnel necessary to fully meet the Design-Builder’s obligations for Phase One services.

2. Project Communication Plan that defines methods of communication between all Project participants and review Project expectations.

3. Develop, implement and maintain a quality management plan that assures conformance with the project specifications and the surveillance of design and construction to ensure error-free work.

4. Participate in one Project kick off meeting for Preconstruction Phase Services including Design-Builders key personnel including the project manager, superintendent(s), quality manager, lead scheduler, safety officer lead estimator and/or procurement specialist.


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5. Develop a permitting plan that identifies all construction related permits to be obtained by Design-Builder, any other permits the Owner may desire the Design-Builder to be responsible for managing on its behalf, and other necessary permits identified in the Agreement.

6. Participate in a formal partnering session with key personnel including the project manager, superintendent(s), quality manager, lead scheduler, safety officer lead estimator and/or procurement specialist shall participate in a formal partnering session with the Owner and Owner’s Representative.

7. Develop protocol for additional investigations for review by Owner and Owner’s Representative prior to execution. Conduct investigations necessary to satisfy and complete development of design criteria and technical requirements. Additional investigations shall include, but not limited to, site survey and geotechnical investigations.

8. Complete analysis and produce the Basis of Design Report. As part of this report, include a cost evaluation options identified in this RFP, for consideration by Owner. Owner will review and direct Design-Builder for which option to move forward into design. The Owner and Design-Builder shall agree to the Project Budget based on the cost estimates prepared by the Design-Builder for this Report.

9. Design-Builder shall provide a 30% and 60% Design Package.

10. Attend review workshops at design review milestones with key personnel to provide constructability review and consult on design document clarity and consistency issues in the development of the BODR, 30%, and 60%design review plans and specifications.

11. Incorporate Owner’s Operations and Maintenance staff input into the design and construction of the Project.

12. With Owner’s Staff and Owner’s Representative, perform on-going value engineering reviews to minimize project cost and maximize operational flexibility and maintainability.

13. Identify, evaluate and propose innovative solutions/alternatives to minimize project cost and schedule.

14. The Design-Builder shall perform detailed construction cost estimates at the BODR and 30% design review milestones and reconcile the cost estimates with the cost estimates prepared by the Owner or Owner’s Representative.

15. Prepare and Update Critical Path Method (CPM) project schedules at a monthly basis (at minimum) and at the BODR and 30% design review milestones; reconcile the schedules with the schedules prepared by the Owner or Owner’s Representative.

16. Develop and maintain a project cost estimate model that will be used during Phase One services to validate conformance with the Project budget.

17. Identify gaps and provide potential adjustments and/or recommendations to resolve gaps in writing if there is a budget or schedule disagreement between the estimate prepared by the Design-Builder and the estimate prepared by the Owner or Owner’s Representative.

18. Identify long-lead equipment procurement needs.

19. Prepare the Bids/Proposals packages for the elements of the Work which must incorporate the requirements of the Contract.

20. Develop a Procurement and Buyout plan which maximizes competitive bidding by subcontractors, equipment vendors and suppliers.

21. Develop and submit recommendations for the award of the subcontracts to construct the Project.

22. Clearly identify Work packages that the Design-Builder intends to bid with the intent to self-perform the Work in the Procurement Plan.


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a. The unified government or progressive design-builder, at the unified government's discretion, shall publish a construction services bid notice as may be determined by the unified government. Each construction services bid notice shall include the request for bids and other bidding information prepared by the design-builder and the unified government. The unified government may allow the design-builder to self-perform construction services provided the construction manager or general contractor submits a bid proposal under the same conditions as all other competing firms. At the time for opening the bids, the design-builder shall evaluate the bids and shall determine the lowest responsible bidder except in the case of self-performed work for which the unified government shall determine the lowest responsible bidder. The design-builder shall enter into a contract with each firm performing the construction services for the project. All bids will be available for public view.

23. The Design-Builder must solicit and publicly conduct trade contractor or subcontractor bidding and proposals for all major elements of the construction work estimated at greater than $100,000, and for material suppliers for the Project, unless incorporated above or otherwise exempted. Design-Builder’s final selection of bids and proposals may be on the basis of best value with consideration of price. [Per the General Conditions Contract (DBIA Document No. 535) Article 2 Section 2.7.3, the Design-Builder shall employ only Subcontractors who are duly licensed and qualified to perform the Work consistent with the Contract Documents. Owner may reasonably object to Design-Builder’s selection of any Subcontractor, provided that the Contract Price and/or Contract Time(s) shall be adjusted to the extent that Owner’s decision impacts Design-Builder’s cost and/or time of performance.]

24. Prepare a detailed Guaranteed Maximum Price (GMP) proposal at 60% Design (including line item cost breakdowns for self-performed work, subcontracted work, contingency and allowances). GMP proposal shall also include a detailed CPM schedule, estimated cash flow curve, and description of assumptions, clarifications, exclusions and qualifications. The GMP proposal shall with conditions, assumptions, and contingency) to be presented and negotiated in an open book manner with the Owner and Owner’s Representative.

25. Attend a GMP negotiation and finalization meeting to present and review the completion of the GMP proposal to the Project participants, negotiation session to review the revised GMP from the original session.

Phase 2 (Construction) Services will generally include the following:

1. Prepare 90% and Final design documents to be utilized for construction of the Project.

2. Establish a project office conference room from repurposed existing or mobile facilities with space sufficient for Design-Builder, Owner, Owner’s Representative and major subcontractor personnel.

3. Develop a construction emergency response plan.

4. Prepare and submit a construction site safety plan.

5. Participate in one Project kick off meeting for Construction Phase Services.

6. Perform construction of the Work in strict accordance with all applicable Contract Documents.

7. Coordinate and manage the Work that includes all required appurtenances, necessary site improvements, and all other work required to make a complete and operable system within the Guaranteed Maximum Price and within the allowable contract time.

8. Coordinate with various local and state agencies, as necessary.


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9. Provide Performance Bond and Payment Bond (s) as required by contract.

10. Implement the construction site safety plan to provide a safe working site for the Project, maintain, update and implement as needed the emergency response plan.

11. Develop and implement performance testing for the Project.

12. Conduct a pre-construction meeting with all the contractors and sub-contractors performing major elements of the work prior to the start of work activities.

13. Construct the Project.

14. Obtain all necessary construction permits including but not limited to UG and the Kansas Department of Health and Environment.

15. Establish and implement procedures to track, expedite and process all submittals, change orders, and requests for information. Once a submittal is approved, as noted or otherwise, a copy will be provided to the Owner and Owner’s Representative.

16. Maintain, monitor and update the Critical Path Method schedule prepared during the preconstruction phase and prepare three week look-ahead work schedules consistent with the overall schedule.

17. Conduct monthly progress meetings with the Owner Staff and Owner’s Representative and provide written monthly progress report and updated schedule.

18. Maintain current hard copies of Project Submittals and record drawings, including all subcontracted work, and submit monthly in hard copy, PDF and electronic format.

19. Develop, implement and manage a commissioning, start-up and testing plan suitable for Project acceptance and use.

20. Develop and submit electronic Operation and Maintenance Manuals.

21. Supervise and manage the warranties provided to the Owner for the equipment and construction work; and perform warranty work during the warranty period.

22. Implement close out procedures.


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Attachment C

Project Background Documents

Unified Government Kaw Point Wastewater Treatment Plant, Digester Improvements Study, Black & Veatch, 2018.


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Attachment D

Forms for Affirmation of Compliance

UNIFIED GOVERNMENT OF WYANDOTTE COUNTY/KANSAS CITY, KANSAS

PROPOSAL FORM

RFQ XXXXXX, Kaw Point Wastewater Treatment Plant Biosolids Improvement Project

AUTHORIZED SIGNATURE

By submission of this proposal, the undersigned certifies that:

1.0 it has not paid or agreed to pay any fee or commission, or any other thing of value contingent upon the award of this contract, to any Unified Government employee or official or to any current consultant to the Unified Government;

2.0 it has not paid or agreed to pay any fee or commission or any other thing of value contingent upon the award of this contract, to any broker or agent or any other person;

3.0 it has not violated, is not violating and will not violate the prohibition against gratuities and kickbacks set forth in Chapter 12 of the Unified Government's Procurement Code; and,

4.0 the prices contained in this proposal have been arrived at independently and without collusion, consultation, communication or agreement intended to restrict competition.

5.0 it has the full authority of the Offeror to execute the proposal and to execute any resulting contract awarded as the result of, or on the basis of, the proposal.

I hereby certify that the attached proposal has been prepared in compliance with the specifications and that the quotations are valid for a period of 120 days.

Authorized Representative: _______________________________________________

Signature:_____________________________________________________________________________

Title:_________________________________________________________________________________

Company Name: ______________________________________________________________________

Address:______________________________________________________________________________

City,State,Zip:______________________________________________________________________

Phone Number: ________________________________________________________________________

Fax Number: __________________________________________________________________________

E-mail address: __________________________________________________________________

DEPARTMENT OF PROCUREMENT & CONTRACT COMPLIANCE

SUPPLIER CERTIFICATION REGARDING DEBARMENT AND/OR SUSPENSION

This certification needs to be completed by all Unified Government Suppliers who are fulfilling a single procurement in excess of $20,000. Please complete, sign, and submit the form to the Unified Government Procurement Department (address at the bottom):

1. The undersigned certifies, to the best of his or her knowledge and belief, that: a. The Offeror and/or any of it Principals:

i. _____ Are _____ Are not Presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency;

ii. _____ Have _____ Have not Within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, state or local) contract or subcontract: violation of Federal or state antitrust statuettes relating to the submission of offers; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and

iii. _____ Are ______ Are not Presently indicted for, or otherwise criminally or civilly charged by a government entity with, commission of any of the offenses enumerated in section (1)(a)(ii) of this provision; and

iv. ______ Have ______ Have not Within a three-year period preceding this offer, had one or more contracts terminated for default by any Federal agency.

2. “Principals,” for the purpose of this certification, means officer; directors; owners; partners; and, persons having primary management or supervisory responsibilities within a business entity (e.g., general manager; plant manager; head of a subsidiary, division, or business segment, and similar positions). This Certification concerns a matter within the jurisdiction of an agency of the United States and the making of a false, fictitious, or fraudulent certification may render the maker subject to prosecution.

3. The Offeror shall provide immediate written notice to the Procurement Department if , at any time prior to contract award, the Offeror learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances;

4. A certification that any of the items in this provision exits will not necessarily result in withholding of an award under this solicitation. However, the certification will be considered in connection with a

determination of the Offeror’s responsibility. Failure of the Offeror to furnish a certification or provide such additional information as requested by the Unified Government Procurement Department may render the Offeror non-responsive;

5. 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 provision. The knowledge and information of an Offeror is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings; and

6. The certification of this provision is a material representation of fact upon which reliance was placed when making award. If it is later determined that the Offeror knowingly rendered an erroneous certification, in addition to other remedies available to the Government, the Unified Government Procurement Department may terminate the contract resulting from this solicitation for default.

Authorized Supplier Representative

Name (typed) Signature

Title Date

Company Project

For Office Use Only: Bid RFQ P.O. #

Unified Government of Wyandotte County/Kansas City, Kansas Procurement and Contract Compliance, 701 N 7th Street, Room 649, Kansas City, Kansas 66101

Tel: (913)573-5440 Fax: (913) 573-5444 Email: [email protected]

mailto:[email protected]