REQUEST FOR INFORMATION (RFI)

Minnesota Department of Transportation (MnDOT)

Alternative Contracting General Engineering Consultant

The following document is a preliminary draft of a Request for Proposals (RFP) that may or may not be issued by MnDOT in the future.

This Request for Information has been published for the sole purpose of inviting industry input on the contents of the RFP. This input may be used by MnDOT in determining the final contents of the RFP, including, without limitation, RFP sections relating to responder qualifications and rating criteria.

This RFI is not for procurement – no contract will result from this RFI. If MnDOT decides to proceed with procurement for these services, it will do so via the RFP process as required by law. You should not prepare a response to the attached draft RFP. Rather, MnDOT invites your comments concerning the content of the attached draft RFP. Comments must be submitted in writing, but may be submitted in any format. You will not receive compensation or reimbursement for responding to this RFI, and commenting on this RFI will not provide you with any preference in responding to the RFP.

Submit written comments on the draft RFP no later than 2:00 p.m. Central Standard Time on 7/15/11 unless MnDOT experiences an interruption of its operations due to the lack of appropriates for fiscal year 2012. In that event, and without further notice from the Department, this announcement will automatically be suspended and responses will not be due on this date. When operations resume, an addendum will be issued to identify the revised due date. Comments must be sent to: Jay Hietpas via email at .

Firms should not rely on the attached draft RFP to begin preparing a response to the RFP, as the final RFP may differ significantly from the attached draft.

DATA PRACTICES NOTICE: Persons and firms submitting comments in response to this RFI should assume those comments will be “Public Data” under the Minnesota Government Data Practices Act.

REQUEST FOR PROPOSALS (RFP)

Minnesota Department of Transportation (MnDOT)

Alternative Contracting General Engineering Consultant

Note: This document is available in alternative formats for persons with disabilities by calling Kelly Arneson at 651-366-4774 or for persons who are hearing or speech impaired by calling the Minnesota Relay Service at 1-800-627-3529.

A “Qualification Based Selection” method will be used to review proposals submitted in response to this RFP.

Responses to this RFP will be public information under the Minnesota Data Practices Act, Minnesota Statutes Chapter 13.

This RFP does not obligate MnDOT to award a Contract or complete the project and MnDOT reserves the right to cancel the solicitation if it is considered to be in its best interest.

Project Specific Information

Project Overview

MnDOT requests responses for general engineering consultant (“GEC”) services that would support the MnDOT’s alternative contracting initiatives, primarily with respect to design-build.

MnDOT has used a programmatic approach to delivering design-build projects. With the increased use of design-build during the past three years and additional transportation funding anticipated, MnDOT intends to supplement its staff with the GEC to deliver new design-build projects. The selected GEC will assist MnDOT Central Office and Districts with developing and administering design-build projects. These services include work at both the program and project levels including pre-design activities (e.g. layouts, environmental documents, procurement support, and contract administration oversight support.)

In addition to design-build, the GEC will assist MnDOT with the research, development and implementation of other alternative contracting initiatives. These include A+B (cost plus time) contracting, lane rental, incentives, best-value contracting, indefinite delivery / indefinite quantity (ID/IQ), construction manager / general contractor (CM/GC), and public-private partnerships (PPP) such as design-build-finance-operate-maintain and associated combinations. The GEC will also assist with risk management and implementing tasks consistent with MnDOT’s strategic direction.

As specific work items are identified for the GEC, MnDOT will write work order agreements to clearly define tasks, schedules, deliverables, staffing, and costs necessary to deliver the project tasks. The overall GEC Master Contract will be administered by the MnDOT Design-Build Program Manager within the MnDOT Office of Construction and Innovative Contracting (OCIC). Work Order Contracts related to specific projects, will be administered by other offices within MnDOT which fund the Work Orders Contracts, with oversight from MnDOT’s OCIC.

The GEC will be expected to work cooperatively with other consultants that may be under contract with MnDOT to perform preliminary engineering or other services for the department.

MnDOT has estimated that the cost of this Master Contract should not exceed $15,000,000. 00. This Master Contract is not a guarantee of an assignment or assignments since the use of the GEC’s services will depend upon the availability of funding for this program at the time the work is required. A description of required work will be included in each Work Order Contract that is issued.

Project Goal

The goal of this project is to have the selected GEC function as an extension of the Department’s staff for the purposes of delivering design-build and other alternative contracting approaches. The GEC is also to provide alternative contracting technical expertise.

Scope of Work and Deliverables

The scope of work for work orders to be issued under this agreement could include specific tasks within any or all of these categories:

1.)  Pre-award project development of design-build projects. This includes, but is not limited to:

·  preparation of environmental documents,

·  geometric layout preparation,

·  preliminary roadway design,

·  preliminary bridge design,

·  public involvement,

·  project estimating,

·  risk assessments,

·  visual quality guidance,

·  utility coordination.

2.)  Contract documents and procurement process for design-build projects. This includes, but is not limited to:

·  Drafting Requests for Proposals (RFP) and addendums,

·  Preparation of contract documents.

3.)  Post-Award contract administration of design-build projects. This includes, but is not limited to:

·  Design verification/oversight support,

·  Construction oversight support (inspection, testing and quality management),

·  Critical Path Method (CPM) Schedule Management,

·  Office Support (e.g. labor compliance, change order preparation, administrative support, project controls).

4.)  Support of the Department’s design-build program management. This includes, but is not limited to:

·  Updates to contract documents,

·  Updates to MnDOT Manuals and Standards (design-build compatible),

·  Process improvements.

5.)  Indefinite Delivery / Indefinite Quantity (ID/IQ) development. This includes, but is not limited to:

·  Evaluating and/or developing ID/IQ contracting strategies.

6.)  Construction Manager /General Contractor (CM/GC) development. This includes, but is not limited to:

·  Evaluating and/or developing CM/GC contracting strategies,

·  Facilitating workshops with industry stakeholders,

·  Coordinating and collaborating with existing MnDOT research contracts related to CM/GC contracting.

7.)  Assist with researching, developing, reporting, and training related to other alternative/innovative contracting strategies such as PPPs, best-value and other identified by MnDOT.

8.)  Assist with the development and implementation of innovative initiatives consistent with MnDOT’s strategic direction.

9.)  Assist with risk management on project, program and enterprise levels.

Appendix A identifies a list of more specific tasks from which Work Order Contracts may be written. The amount of work and number of tasks assigned to the GEC will be used at the discretion of MnDOT. Although the intent is to have the GEC perform these tasks as an extension of MnDOT staff on specific projects, MnDOT reserves the right to select other consultants (under separate contracts) to help deliver specific projects and tasks. MnDOT’s determination will be based upon the complexity of the project, skills that the GEC does or does not have, and workload of the GEC.

At the time of issuing this RFP, the Department has identified a list of potential projects and support tasks related to MnDOT’s design-build program. It is anticipated that the majority of design-build projects work will involve drafting RFPs and addendums.

Potential Design-Build Projects

·  St. Croix River Bridge – Bridge Replacement Project on TH 36 in Stillwater (Metro District) *

·  I-35E- MnPass Lanes from Little Canada Road to St. Paul

·  Baudette Bridge Replacement - Replace international bridge on TH 72 (District 2)

·  TH 610 – Expansion of TH 610 from CR 81 to I-94 (Metro District)

·  TH 100/TH 7 Interchange – Reconstruction of TH 7 and TH 100 interchange (Metro District)

·  TH 1 over Red River – Replace existing bridge (District 2)

·  TH 43 Winona Bridge - Replace / rehabilitate existing TH 43 Mississippi River Bridge

·  Other projects identified by MnDOT through the life of this GEC.

* Note: MnDOT has retained (or will be retaining) through separate Request for Proposals, consultants to perform preliminary bridge engineering and develop bridge RFP language for these projects. The selected design-build GEC consultant will be required to integrate work performed by these consultants into any contract documents.

Known Program Tasks

·  Convert design-build procurement documents (RFQ/RFP/Special Provisions) to active voice

·  Update design-build Book 3

·  Update warranty requirements

·  Development of Enterprise Risk Management Framework (ERM) that is a cohesive guide that includes Operations, Project (including P3 financial analysis), Capital Program and Corporate Risk Processes.

Potential Program Tasks

·  Peer review of design-build procurement process

·  Develop lump sum plan preparation and contract administration processes

·  Refine/expand best-value design-bid-build procurement options

·  Collect and report lessons learned on design-build projects

·  Develop CM/GC white papers

·  Develop CM/GC contract documents

·  Develop CM/GC manual(s)

·  Develop ID/IQ contract documents

·  Develop ID/IQ manual(s)

·  PPP risk assessments at the operations, program, project and corporate levels

·  Development of flexible “Value for Money” criteria assessment tools to communicate justification of P3 contracts

·  Development of P3 risk transfer models

·  Support the identification and measurement of all sources of financial risk

·  Management of deal flow for P3 negotiation, which includes risk of conflict of interest, RFI/RPP processes, and mitigation of risk through development of contract section language.

·  Identify new methodology or follow through with current practices by collaboratively establishing models for risk responses in operations, corporate, project and program level initiatives.

Other transportation projects and program support tasks would be identified during the term of the Master Contract. If the selected GEC does not have the experience or skill sets necessary to perform specialized tasks, MnDOT may allow the addition of specialized sub-consultants to perform these tasks after the contract is executed.

Responders are encouraged to propose additional tasks or activities if they will substantially improve the results of the project.

Project Constraints

The GEC contract would serve as a master agreement with MnDOT for a period of three years, with the potential for two one-year extensions (for a total of up to five years). MnDOT will have the sole discretion over the two-one year extensions.

See Organizational Conflicts of Interest for additional constraints.

Proposal Content

The following will be considered minimum contents of the proposal and must be submitted in the order listed:

1.  Responder’s company name, business address, the contact person’s name, telephone number, fax number and email address (as available).

2.  Project Understanding. Responders should provide an understanding of:

·  MnDOT’s design-build procurement process

·  MnDOT’s design-build contract administration (oversight) process

·  MnDOT’s best-value authority

·  ID/IQ contracting

·  CM/GC contracting

·  PPP contracting

·  Risk Management

3.  Key Personnel –Responders should provide statements and resumes for each of the key personnel detailing their work experience, expertise, and technical qualifications relevant to the proposed work. Include resumes as an Appendix Resumes for Key Personnel shall be limited to two pages each.

For pre-award and oversight activity staff, describe experience with delivering projects on the Minnesota Trunk Highway System, contract administration, cost estimating, risk management and other functions that are related to the tasks identified in Appendix A. No change in personnel assigned to the project will be permitted without written approval of MnDOT’s Project Manager

Describe the administrative and operational structure that would be used to perform the proposed work, including:

·  Organization Structure or chain of command in organizational chart format, clearing identifying the Program Managers, and staff who will be assigned to the various tasks assigned in the RFP. Clearly identify sub-consultants. The organization structure needs to include at a minimum:

§  Alternative Contracting Program Manager – The Alternative Contracting Program Manager’s basic responsibility to is be the GEC’s primary manager and point of contact for MnDOT. This person should have extensive knowledge of MnDOT’s design-build program and knowledge of other alternative contracting approaches.

§  Risk Management Program Manager – The Risk Management Program Manger’s basic responsibility is to be assisting of current MnDOT risk management staff. This person should have extensive knowledge in Enterprise Risk Management frameworks, organizational development, group facilitation, conflict resolution, and the development of various risk management models and processes. Program manager should facilitate confident choices in policy, regulation, programs and projects, technology, and financing while being accountable to MnDOT and the state’s taxpayers, voters, users, lenders, and partners.

§  Alternative Contracting Experts

·  Design-Build Contracting

·  ID/IQ Contracting

·  CM/GC Contracting

§  PPP Experts

·  Lease Consultant

·  Financial Advisor

·  Lease Counsel

·  Bond Counsel

·  Financing Staff

·  Risk Management

§  Pre-Award Activity Staff

·  Project Managers

·  Design Engineers

·  Bridge/Structural Engineers

·  Environmental Document Specialists

§  Contract Experts

·  Request for Proposal Managers

·  Technical Writers

§  Oversight Activity Staff

·  Construction Engineers

·  Design Engineers

·  Bridge/Structural Engineers

·  Bridge and Roadway Inspectors

·  Critical Path Method (CPM) Schedulers

Appendix A provides additional information on the qualifications required for these above listed individuals. These individuals may be needed at various times to perform the work. Other personnel shown would be called upon to implement specific project or program activities.