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REISSUED
REQUEST FOR QUALIFICATIONS AND PROPOSALS
CWP RFQ/RFP # 16
Training/OJT/Job Placement
By
The Metropolitan District Commission
May 8, 2009
RESPONSES DUE:
3:00 PM, EDST June 12, 2009 Metropolitan District Commission
555 Main Street Hartford, CT
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Table of Contents
Section 1 Introduction
1.1 Intent of this Procurement .................................................................................... .4 1.2 About the District ................................................................................................... 4 1.3 Background - Clean Water Program ..................................................................... 5 1.4 Background - Program Management Unit ............................................................. 6 1.5 Additional Questions ............................................................................................ 6 1.6 Due Date for Submittals ....................................................................................... .7
1.6.1 Preliminary RFQ/RFP Schedule……………….………………… ................... 7 1.7 Selection Process…………………………………………………….……… .............. 7 1.8 Addendums………………………………………………………………. .................... 8 1.9 Not an Offer to Contract……………………………………………………………. ..... 8 Section 2 Scope of Services
2.1 Project Overview ................................................................................................... 9 2.2 Other Requirements……. .................................................................................... 10
Section 3 Statement of Qualifications
3.1 Cover Letter ......................................................................................................... 11 3.2 Company Information .......................................................................................... 11
3.3 Company Experience ......................................................................................... 12 3.4 Staff Qualifications and Team Organization…………………… .............. ………..13
3.5 Capacity and Project Management ..................................................................... 13 3.6 Financial Information………… ....................................................................... …..14 3.7 Affirmative Action Statement…………… ............................................................. 14 3.8 Disqualification Based on Submittals…. .............................................................. 15 Section 4 Proposal Requirements
4.1 Cover Letter ......................................................................................................... 16 4.2 Executive Summary ............................................................................................ 16 4.3 Proposal. ............................................................................................................. 16 4.4 Staffing and Management Plan…………………………………. ........................... 16
4.5 MBE/WBE Requirements……………………………………………… ................... 17 4.6 Insurance and Indemnification… ......................................................................... 17 Section 5 Fee Proposal
5.1 Fee Proposal… ................................................................................................... 19 5.2 Payments by the District ...................................................................................... 19 5.3 Personnel… ......................................................................................................... 20
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Section 6 Selection Process
6.1 Submission of Statement of Qualifications Proposal and Fee Proposal ............. 21 Section 7 General Terms and Conditions
7.1 Selection Panel…….. .......................................................................................... 23 7.2 Selection of Qualified Firms or Individuals. ......................................................... 23 7.3 Evaluation of Firms - Proposals… ...................................................................... .23 7.4 Award… ................................................................................... ………….………..24 7.5 Approving Authority ............................................................................................. 25 7.6 Special Considerations………………………… ......... ……………………………...25 7.7 Contract Development – Execution of a Contract ............................................... 25 7.8 Contingency of the Contract Award…………………………………… .............. …25 7.9 State of Connecticut Solicitation Statement………………. .................................. 25
Section 8 General Terms and Conditions
8.1 MDC’s Right to Reject/Binding Nature of Proposal ............................................. 27 8.2 Accurate Information, Accounting System, and Audit ......................................... 27 8.3 Errors in Bids… .................................................................................................. .28 8.4 Alternate Proposals… ............................................................. ………….………..28 8.5 Additional Services .............................................................................................. 28 8.6 Award Protest ...................................................................................................... 28
8.7 Legislative Action………………………………………………………………………28 8.8 Non-Recurring Grant(s)……………………………………………………………….29
Section 9 Special Contract Provisions
9.1 Conflict of Interest ............................................................................................... 30 9.2 Warranty Against Use of Broker .......................................................................... 30 9.3 Changes… ......................................................................................................... .30 9.4 Assignment of Contract… ....................................................... ………….………..31 9.5 Cancellation ......................................................................................................... 31 9.6 Patents ................................................................................................................ 31
9.7 Ownership……………………………………………………………………………...31 9.8 Dissemination of Data……………………………………………………….………. 32 9.9 Retention of Records………………………………………………….. …………….32 9.10 Independent Contractor Status/Personnel………………………………………….32 9.11 Disputes………………………………………………………………………………...33 9.12 Entire Agreement……………………………………………………………………...34 9.13 Immigration Reform and Control Act………………………………………………..34 9.14 Inconsistent Provisions……………………………………………………………….34 9.15 Governing Law………………………………………………………………………...34
Attachment 1 – Forms Fair Employment Practices Qualification Form…………………………………………..…37
Submission Certification……………………………………………………………………….39 Affidavit of Qualification to Bid………………………………………………………………...40 Conflict of Interest Certification……………………………………………………………….42
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SECTION 1
INTRODUCTION 1.1 INTENT OF THIS PROCUREMENT The Metropolitan District Commission (“District”) is inviting qualified individuals, firms and organizations capable of providing construction skills or other related construction training including on-the-job training in various aspects of the construction trades and administrative office functions associated with the construction trades, to submit a formal response to this Request for Qualifications and Request for Proposals (RFQ/RFP). Any program proposed must be directed to residents of the member towns of the Metropolitan District. Funding for training is provided by the District in the form of a one-time grant(s) in the aggregate amount of $200,000 as required in Special Act 08-09 as passed by the Connecticut Legislature in 2008. The funds may, in the sole discretion of the District, be awarded to one or more individuals, organizations or firms. All references to “firms” or “companies” herein shall be construed to include any and all individuals, firms and organizations eligible to respond to this RFQ/RFP. 1.2 ABOUT THE DISTRICT The Metropolitan District is a municipal corporation chartered by the State of Connecticut in 1929 and includes the municipalities of Bloomfield, East Hartford, Hartford, Newington, Rocky Hill, West Hartford, Wethersfield and Windsor. The District provides water and sewer services to approximately 400,000 people. The District is governed by a Board of twenty-nine Commissioners seventeen of whom are appointed by the legislative bodies of the eight member municipalities, eight by the Governor of the State of Connecticut, and four by the leadership of the Connecticut General Assembly. The District is managed by a Chief Executive Officer (CEO) and employs approximately 612 full-time personnel. There are four functional divisions. The Administrative Division, headed by a Chief Administrative Officer, includes: Customer Services; Engineering and Planning; Environment, Health and Safety; Human Resources; and Information Services. The Finance Division, consisting of Financial Control and Treasury is managed by a Chief Financial Officer. The Operations Division, headed by a Chief Operating Officer, includes: Maintenance; Operations; Solid Waste Processing; Water Pollution Control; and Water Treatment and Supply. The Program Management Division, headed by the Chief Program Manager, includes: Design Management; Project Control; and Construction associated with the implementation of the District’s Combined Sewer Overflow Long-Term Control Plan.
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Currently, the funding of sewer services is through taxation on member municipalities and a sewer user charge for tax exempt and high flow users. The funding of water services and related operations is principally through a direct use charge to customers. Major capital improvements in excess of $5 million for a single project must be approved by the electorate of the member municipalities and are financed through bonding. The 2006 combined budgets for all District operations total $95 million. The water distribution system consists of upland impoundments in the Farmington River watershed, two filtration plants and approximately 1500 miles of distribution mains. Flows in the system are by gravity except for some pumping of treated water to higher elevations. Average treated water use is about 55 million gallons per day. All services are metered. The sewage collection system consists of almost 1200 miles of sanitary sewers serving the member municipalities. Four water pollution control plants treat an average of about 65 million gallons per day. The District is under contract with the Connecticut Resources Recovery Authority for the operation of a major portion of the Mid-Connecticut Project including a 2000 ton per day resource recovery plant for municipal solid water and related waste transfer subsystems. The Mid-Connecticut Project serves over 70 municipalities. The District operates hydroelectric facilities at the Goodwin and Colebrook River Dams on the West Branch of the Farmington River. The District manages an award winning Geographic Information System (GIS) that supports its many activities. The database contains detailed utility and land base information for each of the member municipalities as well as natural resource information for watershed land. The system is capable of producing utility and street index maps as well as special purpose maps in-house. It is also linked to the District’s business application software, allowing users to query data and locate specific utility equipment. GIS also provides mapping services to member towns. The District is also under contract with Riverfront Recapture, Inc. to provide maintenance services at the riverfront parks in member municipalities. 1.3 BACKGROUND - CLEAN WATER PROGRAM In 2006, the District entered into a Consent Decree with the Environmental Protection Agency (EPA) and the U. S. Department of Justice to implement a Sanitary Sewer Overflow (SSO) Abatement Program. The District is required to eliminate structural SSO’s over a seven (7) year period for the communities of Rocky Hill, Wethersfield and Windsor, and over a twelve (12) year period for West Hartford and Newington. Also in 2006, the District entered into a Consent Order with the State of Connecticut Department of Environmental Protection to reduce Combined Sewer Overflows (CSO) to a one (1) year level of control, within fifteen (15) years. The District has also identified several nitrogen removal projects which are designed to protect Long Island Sound and which must be implemented to comply with the District’s General Permit for the discharge of nitrogen based on the adopted TMDL for Long Island Sound.
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The work under the CWP includes three major elements: (1) construction of new sanitary sewers, interceptors and tunnels to reduce CSOs within the District’s collection system; (2) rehabilitation of existing sanitary sewers and construction of new interceptors to eliminate structural and non-structural SSOs from the sanitary sewers of East Hartford, Bloomfield, Wethersfield, West Hartford, Windsor, Rocky Hill and Newington; and, (3) increase treatment flow capacity and reduce nitrogen levels from the discharges of the District’s water pollution control facilities. Currently there are 38 CSOs and 8 active structural SSOs within the District’s system. The District maintains four wastewater treatment plants: Hartford (140 mgd at peak capacity), East Hartford (12 mgd), Rocky Hill (21 mgd), and Poquonock (2.5 mgd). Facility improvements are planned at the Hartford, Rocky Hill and East Hartford plants. Funding for Phase I of the CWP has been approved through a referendum vote on November 7, 2006. Phase I funding is $800,000,000. Additional authorizations will be required over the fifteen (15) year life of the CWP. At this time, the total program cost is estimated at $1.6 billion (based on 2006 dollars). 1.4 BACKGROUND – PROGRAM MANAGEMENT UNIT The District has organized a special purpose entity within its organizational structure known as the Program Management Unit (PMU) and assigned day-to-day responsibility for the implementation of the CWP to the PMU. The PMU is expected to efficiently and effectively implement the CWP. The PMU generally will manage the CWP including: conceptual, preliminary and final designs; construction management; consultant and construction contractor procurement; budget and schedule management; development of financial and program management tools; coordination of the projects with local governments; and, compliance with all regulatory orders. The District intends to supplement the staff of the PMU with staff and services from a Program Management Consultant (PMC) and on-call construction management consultants. 1.5 ADDITIONAL QUESTIONS Questions regarding this RFQ/P may be submitted in writing using a letter sent via US Postal Service, or other Delivery service to Louise Guarnaccia, Program Controls Manager, The Metropolitan District, Program Management Unit, 555 Main Street, P. O. Box 800. Hartford, CT 06103-0800 or via e-mail to [email protected]. Any firm hand-delivering a document to the District is requested to obtain a stamped and signed delivery confirmation at the District’s Main Lobby Security Desk, 555 Main Street, Hartford, CT. Questions must be received no later than the date specified herein. Questions received after that date will not be answered prior to the submittal due date. All questions received by the due date and time will be answered in writing at least ten (10) calendar days prior to the submittal due date. Responses to the questions, as well as any addendums to this document, will be posted on the District’s website at www.themdc.com. Written responses will NOT be mailed to individual Respondents unless a specific written request for mail service via the United States Post Office is received by the District no later than the final date for submission of questions. Telephone calls with questions regarding this RFQ/P will NOT be accepted. Questions left on voice-mail will not be accepted or answered.
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Contact by bidders or their representatives with any person at the MDC or representing the MDC, other than the person designated above, regarding this RFQ/P is strictly prohibited. Failure to strictly adhere to this requirement shall disqualify the prospective firm from consideration. 1.6 DUE DATE FOR SUBMITTALS All Respondents to this RFQ/P must submit Qualifications, Proposals, and Fees as detailed in Sections 3,4,5, and 6 in the manner prescribed therein no later than 3:00 p.m. EDST on June 12, 2009 to the District Clerk, Metropolitan District Commission, 555 Main Street, Hartford, CT. Any proposals received after the designated time will be returned, unopened, to the Respondent. The Preliminary Schedule of Events for this RFQ/RFP is as follows:
1.6.1 Preliminary RFQ/RFP Schedule:
May 18, 2009 - Questions pertaining to this RFQ/P must be received by 5:00 p.m. EDST on this date by Louise Guarnaccia by the means specified in Section 1.5. Questions received after this date and time will not receive a response.
June 12, 2009 - All Respondents to this RFQ/P must submit Qualifications, Proposals, and Fees as detailed in Sections 3,4,5 and 6 in the manner prescribed therein no later than 3:00 p.m. EDST on this date to the District Clerk, Metropolitan District Commission, 555 Main Street, Hartford, CT. Any proposals received after the designated time will be returned unopened to the Respondent.
June/July 2009 – Interviews for consultant selection will be held by the Selection Panel.
1.7 SELECTION PROCESS A Selection Panel comprised of MDC employees will be appointed by the CEO of the MDC. The Selection Panel will be responsible for the evaluation of the Qualification and Proposal submittals received. The Selection Panel may conduct interviews with some or all of the Respondents to this RFQ/P. The Selection Panel will evaluate each submittal against the criteria established in Section 7 of this document. The Selection Panel, at its sole discretion, may determine that a submittal is non-responsive and may remove that submittal from further consideration. The Selection Panel will evaluate the proposals based upon the information submitted by each Respondent. The Selection Panel may request additional clarifying information from one or more Respondents. The Selection Panel may contact references, visit proposed training sites, or contact others listed in the submittals of the Respondent. Fee proposals will only be opened under the circumstances as described in Section 7 of this document.
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1.8 ADDENDUMS Any addendums to this RFQ/P will be posted on the District’s website at www.themdc.com. Addendums will only be mailed to those firms who have requested service via the United States Postal Service by making a written request to the District no later than the deadline for submitting questions as established herein. 1.9 NOT AN OFFER TO CONTRACT This is a RFQ/RFP and not a binding offer to contract. Nothing contained in this RFQ/RFP (including, but not limited to, the District’s use of information provided by respondents as contemplated by this RFQ/RFP) shall constitute any obligation whatsoever on the part of the District with respect to any respondent(s).
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SECTION 2
SCOPE OF SERVICES 2.1 PROGRAM REQUIREMENTS Special Act 08-09 was passed by the Connecticut Legislature and signed by the Governor in July, 2008. The Act requires, among other things, that the District make a grant in the amount of $200,000 to an entity that the District determines to be qualified for the purpose of training residents of member municipalities to qualify for employment in projects of the District. The District recognizes there have been several recent programs which have provided training designed to prepare the participants for employment in the construction trades. The District further recognizes that one impediment to completion of some training programs is the opportunity for on-the-job apprenticeship hours which are often required to become a licensed trades person. Finally, the District recognizes that certain skill areas are lacking and could benefit from further training especially in the area of construction office support. The District is requesting proposals for programs designed to not only qualify residents of the member towns for employment in District construction projects, but also to assist those who are currently qualified and employment ready with apprenticeship or other job opportunities which have the potential to result in permanent employment opportunities. The District has identified through the Diversity Office of the Clean Water Program (CWP) certain contractors which currently are under contract to the CWP and which are willing to participate in the Department of Labor’s apprenticeship/On The Job Training program by providing qualified individuals with “on the job” training/work opportunities. It is anticipated that, as other contractors begin work on CWP contracts, additional slots will be identified for this purpose. The District has also identified certain contractors who will accept trainees in their offices and for positions which do not have State-mandated apprenticeship training requirements yet would benefit from OJT. It is not known by the District if funding for these types of positions is available from the Department of Labor or some other entity. Based upon the information provided above, the stated purpose of the Special Act, and the Respondent’s knowledge of the Hartford area labor market requirements, Respondents are requested to provide to the District a proposal for a $200,000 program which incorporates all or some of the aspects discussed above. For the purposes of this RFQ/RFP, Respondents are asked to detail information about their proposed program including, but not necessarily limited to, specific information about participant recruitment; the placement of participants in training and/or OJT programs; if training programs are proposed, the curriculum proposed and the purpose of the training; if OJT programs are proposed, the proposed purpose of the OJT (i.e., apprenticeship hours or
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something else), and methods and means planned to result in permanent employment opportunities for participants in the proposed program. Your proposal should also detail any additional sources of funds which you have identified which might be available to leverage the $200,000 grant from the District to meet the purposes of the project. 2.2 OTHER REQUIREMENTS Each respondent is expected to detail the manner and means by which the following additional requirements will be met:
• Reporting – The District will expect periodic (at a minimum of monthly) written reports from the successful Respondent detailing the progress of the program.
• Meetings – The District will require the successful Respondent to attend meetings with Senior Staff, the CEO, Committee(s) of the Board of the District and the District Board itself. At least monthly meetings should be planned with Senior Staff and no less than two (2) meetings during the term of the contract for work with each of the listed groups should be contemplated in the proposal.
• Schedule – The District has an interest in having the training program carried out in an expeditious manner. The responding firms/organizations shall provide a detailed schedule which reflects, among other things, the time frame for each of the major activities included in the proposal. The submitted schedule will be included in the final contract between the District and the successful Respondent. Performance will be measured against the schedule and payments will be made based on actual performance as compared to the schedule.
• Final Report – The successful Respondent will be required to file with the District a final report detailing the successes and failures of the program. The report shall objectively review the activities of the program, evaluate the successful initiatives including an analysis of why they were successful, evaluate the less than successful initiatives including an analysis of what could have been done differently, and recommendations for any future similar programs which may be conducted. Final payment to the successful Respondent will be made upon submission and acceptance of this report.
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SECTION 3 STATEMENT OF QUALIFICATIONS Each respondent to this RFQ/P shall submit a detailed Statement of Qualifications (SOQ). The following format shall be used for the Statement of Qualifications submittal. The order and content of the SOQ defined herein shall be followed. The District seeks brief, concise, and accurate responses. Omissions and/or ambiguous or superfluous statements will be viewed unfavorably. The following items represent the materials that must be submitted as part of the SOQ submittal: 3.1 COVER LETTER The Respondent’s Cover Letter shall identify the lead (or prime) firm responding to the RFQ/RFP and designate a primary contact with the authority to submit the SOQ as well as ensure the assignment of resources to meet the needs of the District should the firm be ultimately selected for this assignment. 3.2 COMPANY INFORMATION Respondents shall provide the following information for the prime firm (the signatory to the proposal) and additionally for any proposed cooperating company, sub-consultants or sub-contractors providing more than 5% of the proposed work:
a. Name of firm and parent company, if any. b. List of Principal Officers, members of the Board of Director’s and key
stockholders (any individual who owns more than 5% of the outstanding voting stock shares).
c. List of individuals and/or firms who will participate, financially or otherwise, in
this RFQ/P.
d. Nature of firm's principal business, based upon nominal relative revenues for each business type for the past five years. This should include a general description of services provided with emphasis on those services most like those proposed in response to this RFQ/RFP.
e. Address of principal office and, if different, the addresses of the office from
which the project would be managed and of the office(s) or location(s) at which the project will be performed, including nominal services and percentage of
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services to be provided from each, if applicable.
f. Date firm was established. Include former corporate entity names, if any, major firm acquisitions in the past ten (10) years, and landmark dates in growth of firm.
g. Size of firm and status of local office(s) to provide the services required under
this RFQ/RFP(i.e. primary onsite corporate manager, number and expertise of personnel, estimate of annual revenues, nature of services provided, etc.).
h. Name, address and telephone number of the firm’s officer(s) able to act on
behalf of the corporation to receive notifications and to reply to District inquiries, and authorize contractual responsibilities and commitments.
i. List of any and all certifications which responding firm may have from the
applicable State or Federal agencies.
j. Firm’s policies on Affirmative Action, EOE and EEO. This information shall also demonstrate the firm’s compliance with funding agency and District requirements for Minority/Women’s/Disadvantaged Business Enterprise involvement.
k. Professional Liability and/or general liability insurance (types and coverage),
including a list of individual claims in excess of $250,000 related to contract work over the past 5 years.
3.3 COMPANY EXPERIENCE Each respondent should describe their qualifications to perform the proposed services in response to this RFQ/RFP. If specific prior contracts are used to demonstrate qualifications, knowledge and expertise, please supply the following information for each contract referenced: 1. Organization Name (Owner) and type of organization (i.e., corporation, limited
liability company, sole proprietorship, etc…). 2. Location of organization. 3. Owner’s representative on the contract including a recently verified phone
number; and if different from the above, name of principal contact with whom the Consultant was contracted to perform the services at the time that they were rendered.
4. List of key personnel from the Consultant that performed the primary work
relating to the referenced contract.
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5. Total contract duration, including commencement date, and contract and
actual completion dates. If you intend to use subcontractors or joint venture partners for this project, then you should provide the same information about them as is required for your firm. 3.4 STAFF QUALIFICATIONS AND TEAM ORGANIZATION Respondents shall provide a list of all personnel and key administrative staff which it intends to utilize on this project. Include a resume or curriculum vitae for each individual. For each individual identified, state the percentage of his or her time that would be devoted to this project during the duration of the project. If you intend to use subcontractors or joint venture partners for this project, then the same information about the personnel from those firms shall be provided. All key personnel assigned to the District program shall be experienced in their designated roles. The experience of the designated personnel shall be listed in a clear and concise manner to allow the District staff reviewing this RFQ/RFP a full understanding of the qualifications and experience of each identified individual.
The Respondent shall generally describe the proposed approach to Staff Resource Management and coordination with the District. The roles, responsibilities and authority of the Respondent’s team shall be clearly specified. Subject to applicable law, the District will treat any staffing or related information submitted as CONFIDENTIAL, provided each page of any such information is clearly stamped "CONFIDENTIAL.” 3.5 CAPACITY AND PROJECT MANAGEMENT Describe why the District can be confident that your organization has the resource capacity to perform a project of the nature and scope requested by this RFP. Name the three largest similar projects your organization was responsible for managing and that it successfully completed in the past. Describe the size and nature of the projects involved, including the number of entities involved, and all relevant information regarding clients and job placements. Identify all similar projects presently being managed by your firm, and for each project describe: (i) the size and location of the project; (ii) the number and qualification level of assigned staff, and the percentage of each person’s time committed to the project; (iii) the status of the projects with respect to completion timetables; (iv) the currently projected completion date; and (v) the status of personnel to be assigned to the project.
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Identify any similar projects that have not yet commenced, but which you anticipate undertaking concurrently with this project, and for each such project identify: (i) the size and location of the project; (ii) the number and qualification level of proposed assigned staff, and the percentage of each person’s time that will be committed to the project; and (iii) the proposed project time table. 3.6 FINANCIAL INFORMATION Respondents shall provide evidence of the financial condition of the company in order to adequately demonstrate financial stability. Respondents must include a list of total firm revenue for each year in the last five (5) years, of all bankruptcy filings within the last ten (10) years and a list of all pending litigation with liabilities estimated to be in excess of 1 percent of the firm’s annual revenues or $500,000, whichever is less, if any. Respondents shall also state if they are currently restricted from doing business with any governmental agencies in the United States. Respondents shall list all stockholders or principal owners with more than a 5% ownership interest, as well as any SEC or other financial statements or filings including annual reports for the past five (5) years. Respondents shall also list similar information for any parent corporate ownership. A Respondent’s inability to provide five (5) years of financial information or history shall not be a disqualifying factor although Respondent should provide as much financial information as is available. Any affirmative statements of bankruptcy, litigation or restrictions shall include a description of circumstances and ultimate resolution of the matter, including current financial situation and evidence of financial ability to successfully complete the project, if selected. Annual Reviewed Financial Statements can supplement this information as an Appendix to the SOQ, which will not be included in the total page count. Failure by Respondents to successfully demonstrate financial stability will result in the Respondent being deemed non-responsive and ineligible to be ”QUALIFIED”. Reasons for ineligibility include currently undergoing bankruptcy proceedings. Subject to applicable law, the District will treat any financial or related corporate information submitted as confidential, provided each page of any such financial information is clearly stamped "Confidential". 3.7 AFFIRMATIVE ACTION STATEMENT: “Affirmative Action” means positive steps taken to increase the representation of women and minorities in areas of employment, education, and business for which they have been historically underutilized. Respondents shall provide a statement of their Affirmative Action policy. The District's "Fair Employment Practices Qualification Form for Vendors and Bidders" attached to this
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RFQ/RFP shall be completely filled out and included with the Statement of Qualifications submittal. In addition, Respondents are required to effectively demonstrate how they embrace the concepts of “Affirmative Action” and how they currently and historically incorporate these concepts into every aspect of their business. Failure to successfully demonstrate a commitment to Affirmative Action and compliance with the District Affirmative Action standard will result in the firm being deemed non-responsive and ineligible for selection. 3.8 DISQUALIFICATION BASED ON SUBMITTALS Any Respondent who fails to provide full and complete information as required in the Statement of Qualifications may, at the sole discretion of the District, be disqualified. In the event of disqualification based on incomplete SOQ submittals, the Respondent’s proposal will not be reviewed.
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SECTION 4
PROPOSAL REQUIREMENTS
Each Respondent to this RFQ/P shall submit a Proposal which details their planned approach to meeting the Service Requirements as stated in Section 2 of this RFQ/RFP. The following are the requirements for the Proposal submittal.
4.1 COVER LETTER The Proposal must include a letter of transmittal signed by an individual authorized to execute binding legal documents on behalf of your organization. The cover letter shall provide the name, address, telephone and facsimile numbers of the Consultant along with the name, title, address, telephone and facsimile numbers of the executive that has the authority to contract with the District. 4.2 EXECUTIVE SUMMARY
Submit an executive summary outlining your organization’s Proposal. The executive summary shall, at a minimum, identify the proposed project team and highlights of the Proposal which you believe make it superior or unique in addressing the needs of the District. 4.3 PROPOSAL Provide a detailed discussion of your proposal describing how you will meet the service requirements of Section 2 of this RFQ/RFP. Provide a description of your organization’s background and experience in providing the same or similar services to those in your proposed project.
4.4 STAFFING AND MANAGEMENT PLAN Provide background information regarding the staff assigned to this project, their roles and qualifications, and the depth of personnel at the firm who are qualified to work on the proposed project.
Provide information regarding the management abilities of your firm. Include a description of the management plan for your organization’s management of staff assigned to this Project.
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4.5 MBE/WBE REQUIREMENTS The District strongly encourages all prime contractors to utilize qualified and certified MBE and WBE subcontractors on the District’s projects. The District promotes the direct purchase of goods from qualified and certified M/WBEs when such vendors are available and the price of goods sought is reasonable. For professional services contracts, the District seeks the utilization of qualified and certified M/WBEs when such M/WBE firms are available. For purposes of the RFQ/P, the District requires all respondents to include in its respective proposal a Minority Business Enterprise (MBE) and Women Business Enterprise (WBE) component that is compliant with all Connecticut Department of Environmental Protection (DEP) requirements relative to contract proportioning for MBE and WBE or other specific goals as may be determined by the District. The current District goals for MBE/WBE participation, expressed as a percentage of the total contract (project) amount, are 9.0 percent with the following makeup: MBE 6%; WBE 3.0%.
Each Proposal shall detail the services which are planned to be assigned to MBE and WBE businesses. The estimated percentage of total contract value for the services to be assigned shall be included. While there is no specific requirement as to the location of M/WBE businesses, Respondents are encouraged to utilize businesses from Towns within the District. Further, while assignment of work at 6.0% and 3.0% is a District goal, Respondents are encouraged to propose ways to increase the percentage of work assigned to qualified MBE and WBE firms during the period of this contract. These goals should not be viewed as a quota, or as a limiting constraint on the utilization of qualified M/WBE subcontractors on this project. Any project proposal which does not meet the goals of the District may be considered non-responsive. Within thirty (30) calendar days of the Respondent’s selection as the Consultant on this project, the Respondent shall submit to the District executed copies of the M/WBE subcontracts required under the provisions of this section. No authorization to proceed will be made until executed M/WBE subcontracts are received by the District. For MBE/WBE firms only, the professional liability insurance requirement is a limit of not less than $1,000,000. 4.6 INSURANCE AND INDEMNIFICATION The Consultant must have the capability of maintaining insurance and indemnification as follows to cover any claims incurred or arising from the proposed work:
• Professional Liability Insurance (not less than $1,000,000 limit).
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• Commercial General Liability including blanket contractual and
products/completed operations coverage. The limits of liability provided shall be no less than $3,000,000 each occurrence; $3,000,000 aggregate. X, C and U coverage must be provided if applicable. Per project aggregate must apply.
• Umbrella Liability in excess of Employer’s Liability, Commercial General
Liability, and Automobile Liability with a limit of not less than One Million Dollars ($1,000,000) each occurrence. Per project aggregate must apply.
• Automobile Liability with limits of not less than One Million Dollars
($1,000,000) combined single limit, including coverage for owned, non-owned, hired and/or borrowed vehicles.
• Workers’ Compensation Insurance as required by Connecticut Law and
Employer’s Liability with a limit of not less than One Hundred Thousand Dollars ($100,000) per occurrence, Five Hundred Thousand Dollars ($500,000) disease policy limit, and One Hundred Thousand Dollars ($100,000) disease each employee.
Note that insurance limits are not the limits of liability. Prior to the execution of a contract, the selected consultant shall submit to the District approved insurance certificates, including the following information on the policies listed above: Policy numbers, limits, starting and expiration dates, and the provision of thirty (30) days’ written notice to the District prior to any cancellation. If (an) insurance policy(ies) are cancelled for failure of the Consultant to make (a) premium payment(s), the District shall have the option of making the payment(s) and deducting the amount paid from any amounts due the Consultant. The District and the State of Connecticut shall be named as additional insureds on any insurance. The Consultant shall at all times indemnify, defend, and save harmless the District, any municipality included therein, the State of Connecticut, and their respective officers, agents, servants, and employees on account of any and all claims, damages, losses, litigation, expenses, counsel fees and compensation arising out of (a) injury (including death) sustained by or alleged to have been sustained by the servants, employees, or agents of the District, or of any municipality included therein, the State of Connecticut, or of the Consultant, or anyone directly or indirectly employed by them, and (b) from injuries (including death) sustained by or alleged to have been sustained by the public, or by any other person or property, real or personal (including property of the District) to the extent either of the foregoing are caused by the negligent, willful or wanton acts or omissions of the Consultant, or anyone directly or indirectly employed by them or any of them while engaged in the performance of the work.
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SECTION 5
FEE PROPOSAL
5.1 FEE PROPOSAL Fee Proposals shall be submitted in a SEPARATE AND SEALED ENVELOPE, clearly labeled as the “FEE PROPOSAL, CWP RFQ/RFP # 16.” The Fee Proposal shall be based upon the Respondent’s proposal for services as contained in this RFQ/P. Failure to submit the Fee Proposal in a separate and sealed envelope shall disqualify the Respondent from consideration. The Respondents shall provide a proposed fee that includes all of the costs associated with the staff, including sub-contractors required to meet the proposal for services. Respondent’s fee proposal shall not exceed $200,000.00. This fee shall include all office expenses, overhead expenses, per diem expenses, and fees paid, if any, to outside or third parties. The fee proposal shall include the costs and specific assignment of all sub-contractors expected to be utilized on the project. The proposed fees shall be supported by a detailed spreadsheet which outlines the number of staff hours by staff classification and the number of hours of sub-contractor time for each phase of the proposal. Any exceptions from the documents shall be clearly identified and attached to the Fee Proposal. 5.2 PAYMENTS BY THE DISTRICT
The District will make payments to the Consultant on the basis of detailed invoices which will be reviewed by the District for approval. The invoices shall specify the percentage of the work completed by phase and subcontractor costs by phase. The invoices shall list both current amounts and project-to-date information. MBE/WBE compliance information, if applicable, shall also be specified on forms provided by the District, by each category listing both current amounts and project-to-date information on each invoice. A brief narrative shall accompany the invoices describing the work provided and being invoiced. Payment will normally be made within thirty-five (35) days of District approval of invoices. No payment will be made for costs that exceed the total upper limiting fees specified to complete the work as outlined in the Fee Proposal, unless a written Amendment is signed by an authorized District Representative in advance of the work being done.
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5.3 PERSONNEL
Should the Consultant propose to use personnel on the project that were not identified in the Consultant’s Qualifications submittal, resumes shall be submitted in accordance with the requirements of Section 3.4 of the Submittal of Qualifications. The District also reserves the right to terminate a contract with a selected consultant if personnel that are proposed for performance of the services contemplated hereunder are determined, in the sole discretion of the District, to be unsuited for the project.
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SECTION 6
SUBMITTAL REQUIREMENTS 6.1 SUBMISSION OF STATEMENT OF QUALIFICATIONS PROPOSAL AND FEE PROPOSAL The District requires that all Qualifications and Proposal submittals be identical in format to facilitate comparison. Accordingly, it is important that you submit your Proposal in the format described below. All Qualifications and Proposals shall be 8 1/2" x 11" format with all standard text no smaller than 12 points. Each firm responding to this RFQ/RFP shall submit one (1) unbound original, one (1) CD-ROM, and five (5) bound copies of its proposal. The original will use one-sided copying and be bound by binder clip or some other non-permanent form of binding, with tab dividers corresponding to those topics listed in Sections 3 (Statement of Qualifications) and 4 (Proposal Requirements). Each of the copies of the proposal shall be the same as the unbound original except that it shall be spiral bound or bound with some other secure and permanent form of binding. Responding firms shall submit their respective Statement of Qualifications and Technical Proposal, and the General Fee Proposal in two separate sealed envelopes, with due date and time and the titles “QUALIFICATIONS AND PROPOSAL CWP RFQ/RFP #16,” and “FEE PROPOSAL CWP RFQ/RFP #16”, respectively, clearly marked on the outside. Failure to do so will result in disqualification.
Responding firms shall submit the Fee Proposal as described in Section 5 in the Fee Proposal envelope ONLY. Further, any reference to or indication of fees in the Qualifications and Proposal portion of the response shall result in the automatic disqualification of the submittal. All submittals under the RFQ/RFP shall be signed by the firm’s duly authorized principal. In order to be considered, one complete hard copy SIGNED original, 5 additional hard copies, plus one electronic copy of the submittal must be received by the DISTRICT CLERK, 555 Main Street, Hartford, Connecticut, by the time and date indicated on the front cover of this RFQ/RFP. The DISTRICT assumes no liability for submittals not received at the place or by the time set forth above or for submittals that are incorrectly labeled on the envelope. No submittals other than the Fee Proposal should make reference to fees, hourly rates, or costs for this assignment. Any references to fees, hourly rates or costs other than the Fee Proposal shall be deemed unresponsive and the offending Respondent shall be disqualified.
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Submittals will not be accepted after the deadline. Submittals received after the stated deadline will be deemed non-responsive and ineligible for evaluation. Submittals received after the stated deadline will be returned, unopened, to the respondent. All Proposals submitted to the District shall become District property at the due date and time indicated on the front cover of this RFQ/RFP.
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SECTION 7
SELECTION PROCESS
7.1 SELECTION PANEL The CEO of the District shall designate a Selection Panel consisting of not less than three (3) employees of the District. Other individuals, based on their experience or expertise may be designated to serve as advisors to the Selection Panel; however, they will not be eligible to participate in any votes or final decisions regarding the Selection process. 7.2 SELECTION OF QUALIFIED FIRMS OR INDIVIDUALS All responses to the Statement of Qualifications which meet the submittal requirements will be reviewed by the Selection Panel. The Panel will review and evaluate each response on the following principal criteria:
a. Qualifications of firm or individual;
b. Qualifications of the Personnel to Be Assigned;
c. Personnel Experience with, and performance related to, projects similar to the
work to be undertaken ; d. Firm Experience, and performance related to, projects similar to the work to
be undertaken ; e. Financial capabilities and status. The Panel will determine if the Respondent is qualified based on the criteria established above. The Panel will prepare a list of qualified Respondents who shall then proceed to the Proposal Evaluation phase of the selection process. 7.3 EVALUATION OF FIRMS – PROPOSALS The Proposals submitted by Respondents will be reviewed by the same Selection Panel. The District will rate those proposals which present a unified program of work designed to meet the majority of services outlined in Section 2 of this RFQ/RFP with the highest scores. The unified program of work must meet the District’s long term goal of permanent employment for residents of member towns. The panel will base its initial and final evaluation on the following principal criteria:
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Weighted Evaluation Criteria Maximum Points a. Unified Program Plan 50 points b. Permanent Placement Experience 30 points c. Participant Selection Process 10 points d. Program Management Plan 10 points TOTAL Maximum Points 100 Points
The Selection Panel will score the proposal submission of each of the qualified Respondents based upon the above evaluation criteria. Following the scoring process, the Selection Panel will prepare a ranked list of Respondents and determine how many firms will be requested to interview with the Panel. The Selection Panel will conduct interviews of the finalist firms. The Selection Panel may also verify references, conduct site inspections of projects submitted as reference, visit the offices and facilities of the firms, and take such other steps considered necessary to confirm any and all information furnished during any part of this process. Finalist Respondents shall be evaluated based on the information gathered as it relates to items (a) through (d) above. The final ranking of the Respondents shall be based upon their proposal and their interview evaluation by the Selection Panel. Once a final ranking has been prepared, Fee Proposals will be opened for the finalists. The District will retain the Respondent(s) deemed most qualified to provide services, with the proposal determined to the most effective, at the lowest responsible price. 7.4 AWARD The Selection Panel will submit to the CEO the final prioritized listing of firms and fees with a recommendation to hire one or more firms to provide services. The CEO will review and evaluate the report of the Selection Panel. The CEO, after review of the recommendations, will offer a contract to the firm or firms to provide the services as outlined in this RFQ/RFP and as proposed in the selected submittal.. The CEO reserves the right to select a firm or firms other than the recommended firm or firms if in his opinion the recommended firm does not represent the best value to the District. Thereafter, all Respondents will be notified of the final selection of the CEO.
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7.5 APPROVING AUTHORITY The Approving Authority for this RFQ/RFP is the CEO of the MDC or his designee, and the authority to approve acquisition is contingent upon availability of funds for the total amount of the Contract. Upon the successful conclusion of the process outlined under this RFQ/RFP, the District intends to award a contract to the successful Respondent(s). 7.6 SPECIAL CONSIDERATIONS The District reserves the right to reject any or all proposals solely at its sole discretion, as it may deem to be in the best interests of the District. In addition, the District reserves the right to request additional information from any and all respondents, to waive any informalities, irregularities, or omissions in any response and, prior to the response deadline, to change any portions or requirements of this document provided notice of the same shall be given to all persons or entities receiving this document. All Proposals shall be complete in all material respects and failure to provide a complete Proposal may be considered non-responsive and may result in rejection of the Proposal. 7.7 CONTRACT DEVELOPMENT-EXECUTION OF A CONTRACT Once a firm is selected, the CEO or his designee reserves the right to negotiate further with the selected firm. This RFQ/RFP and the firm's proposal shall be incorporated by reference directly into the final contract. The contract awarded, this RFQ/RFP, and the Respondent’s proposal submission in response thereto shall constitute the whole agreement between the parties. However, the RFQ/RFP and submission shall not be considered a contract. If a satisfactorily proposed contract cannot be negotiated with the selected firm, negotiation will be formally terminated. Negotiations shall then be undertaken with the firm deemed by CEO to be the second most qualified firm and so on. 7.8 CONTINGENCY OF THE CONTRACT AWARD Award of the contract to the selected firm is contingent upon: 1.) the budget and appropriation of funds (if necessary) by the District Commission; and 2.) the successful negotiation of contractual terms agreeable to both parties. Failure to achieve the foregoing will result in no award at this time. 7.9 STATE OF CONNECTICUT SOLICITATION STATEMENT The following solicitation statement is required by the State:
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“Any contract awarded under this Request for Qualifications/Proposals is expected to be funded in part by the State of Connecticut, Department of Environmental Protection. This procurement will be subject to requirements contained in Section 22a-482-4 (h), (i), and (o) of the Regulations of Connecticut State Agencies. The State of Connecticut will not be a party to this Request for Qualifications/Proposals or any resulting contract.”
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SECTION 8
GENERAL TERMS AND CONDITIONS In addition to requirements which will be included in the basic contract with the District, the following general terms and conditions shall apply: 8.1 MDC’S RIGHT TO REJECT/BINDING NATURE OF PROPOSAL The MDC reserves the right to reject any or all proposals, to waive informalities in the process (provided the informalities do not affect the price, quality, quantity or performance), and to accept or reject any item or combination of items. Each Respondent assumes all charges, costs, claims or liability for the preparation and submission of their proposal. The MDC is under no obligation to pay or reimburse any Respondent except pursuant to a written contract expressly providing for the same. In the event that the successful Respondent does not execute a contract within sixty (60) days of the notice of award, the MDC may give notice to such Respondent of the intent to award the contract to the next most qualified Respondent, or to call for new proposals and proceed accordingly. In no event will the Selection Committee permit modifications to the amount proposed. The proposal as submitted will be considered to be the last and final offer. The proposal of the Respondent shall remain binding ninety (90) calendar days after the date of the opening. Notwithstanding the foregoing, the MDC retains the right to negotiate contracts when determined to be in the MDC’s best interest. 8.2 ACCURATE INFORMATION, ACCOUNTING SYSTEM, AND AUDIT The Respondent certifies that all information the Respondent has provided or will provide to the MDC is true and correct and can be relied upon by the MDC in awarding, modifying, making payments, or taking any other action with respect to a written agreement entered into with the Respondent pursuant to this request for proposals (hereinafter "The Agreement"). Any false or misleading information is grounds for the MDC to terminate an award to the Contractor or any written agreement entered into with the Contractor and such termination shall relieve the MDC of any direct or consequential damages or costs incurred by Contractor. The Respondent certifies that the Respondent's accounting system conforms with generally accepted accounting principles and is sufficient to comply with the Contractor's budgetary and financial obligations and to produce reliable financial information. The MDC may examine the Contractor's records to determine and verify compliance with the Agreement. The Contractor must grant the MDC access to these records at all reasonable times during the Agreement term and within three years after termination of this Agreement. If the Agreement is supported by Federal, State or MDC funds, the appropriate Federal, State or MDC authorities may also examine these records.
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8.3 ERRORS IN BIDS Respondents shall thoroughly examine and be familiar with the Scope of Services for this engagement. The failure or omission of any Respondent to receive, examine, or understand all relevant documents shall in no way relieve any Respondent of obligations with respect to this proposal or the subsequent contract. The submission of a proposal shall be taken as prima facie evidence of compliance with this paragraph. Obvious error(s) in calculations may be corrected with the MDC’s consent in its sole discretion, or may be cause to reject a bid, whether or not the MDC has accepted the bid. 8.4 ALTERNATE PROPOSALS
Respondents should clearly respond to the requirements of the RFQ/RFP. Any alternate proposals which are offered should be clearly indicated as such. Alternative proposals that are offered in addition to proposals for services required under this RFQ/RFP shall be considered, but in the sole discretion of the District, may or may not be accepted. 8.5 ADDITIONAL SERVICES The MDC reserves the right to evaluate additional or new consulting services which may be in the best interest of the MDC from time to time and may, within the MDC procurement processes, negotiate the price of these services with the successful Respondent or another consultant, whichever is determined to be the most advantageous to the MDC.
8.6. AWARD PROTEST Any protest of an award made pursuant to this RFQ/RFP shall be in writing to the MDC CEO. The provisions of CGS, State Procurement Regulations, do not apply to municipalities and therefore do not apply to the MDC.
8.7 LEGISLATIVE ACTION The Respondents are advised that the Connecticut General Assembly may, in the future, enact legislation which imposes certain terms and conditions on contractors of the District. The Respondents shall be solely responsible for complying with any and all applicable laws, including, but not limited to those that may affect hiring requirements.
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8.8 NON-RECURRING GRANT(S) This is a one-time single grant(s) to be made to the successful respondent(s). Respondents to this RFQ/RFP should not anticipate that further awards will be made in addition to those which are contemplated herein.
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SECTION 9
SPECIAL CONTRACT PROVISIONS The following special contract provisions will be included in the final contract between the District and the selected Respondent (hereinafter known as “Contractor”). 9.1 CONFLICT OF INTEREST
In accordance with the MDC’s financial disclosure and ethical conduct policy and/or ordinances, a prerequisite for payment pursuant to the terms of this contract is that the Contractor shall furnish explicit statements, under oath, that the MDC Chairman, CEO, and/or any other officer, agent and/or employee of the MDC, and no member of the governing body of the MDC has received or has been promised directly or indirectly, any financial benefit by way of fee, commission, finder’s fee, or in any other manner, remuneration directly or indirectly related to this contract, and that upon request by the MDC Chief Executive Officer, or other authorized agent, as a prerequisite to payment pursuant to the terms of this contract, the Contractor will furnish to the MDC under oath, answers to any interrogatories and comply with any request to review documents related to a possible conflict of interest as herein embodied. Contractor shall also certify under oath that that no employee or agent of Contractor is a member or employee of any agency, commission, board or corporation of the MDC or is the spouse or any other relative of any of the foregoing. If Contractor is unable to so certify, the details of any such relationship with the MDC must be disclosed. 9.2 WARRANTY AGAINST USE OF BROKER The Contractor warrants that no person or selling agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except bona fide employees, or bona fide established commercial or selling agencies maintained by the Contractor for the purpose of securing business. For violation of this warranty, the MDC shall have the right to terminate or suspend this contract without liability by the MDC or its officials or employees or in its discretion to deduct from the contract price or consideration, the full amount of such commission, percentage, brokerage, or contingent fee. 9.3 CHANGES No alterations of variables in the terms of a contract awarded pursuant to this RFP shall be valid or binding upon the MDC unless made in writing and signed by the MDC Chief Executive Officer or his/her designee.
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9.4 ASSIGNMENT OF CONTRACT It is mutually understood and agreed that, once awarded a contract pursuant to this RFP, the Contractor shall not assign, transfer, convey, sublet or otherwise dispose of its contract or its right, title or interest therein, or its power to execute such contract, to any other person, consulting firm or corporation, without the previous written consent of the MDC Chief Executive Officer or his/her designee, but in no case shall such consent relieve the Contractor from its obligations, or change the terms of the contract. Unless otherwise provided in the contract, the Contractor may not contract with any other party for furnishing any of the materials or services herein contracted for without the prior written approval of the MDC Chief Executive Officer and the furnishing to the MDC of a Release of Liens by the party furnishing the materials or services other than the Contractor. 9.5 CANCELLATION The contract awarded pursuant to this RFP may be canceled or annulled by the MDC Chief Executive Officer or his/her designee by written notice of default to the Contractor, upon nonperformance or violation of contract terms. In any event, the defaulting Contractor shall be liable to the MDC for costs to the MDC, including reasonable attorney’s fees which are the proximate result of Contractor’s default. 9.6 PATENTS Whenever any article, material, appliance, process composition, means or things called for by the RFP specifications is covered by Letters of Patent, the successful bidder must secure, before using or employing such materials the assent in writing of the owner or licensee of such Letters of Patent and file the same with the MDC. The bidder will defend, at their own expense, and will pay the cost and damages awarded in any action brought against the MDC based on an allegation that the items provided by the bidder infringe on any patent, copyright, license or trade secret. In the event that an injunction shall be obtained against the MDC’s use of items by reason of infringement of any patent, copyright, license or trade secret, the bidder will, at its expense, procure for the MDC the right to continue using the items and replace or modify the same so that it becomes non-infringing. 9.7 OWNERSHIP All materials submitted in response to this RFP will become the property of the MDC and may be returned at the option of the MDC. All materials developed in accordance with the final agreement will become the property of the MDC. It is agreed that all data, information and material prepared by the Contractor as required by the final agreement, shall be delivered to and remain the property of the MDC upon completion of the final agreement. The data, information and
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material shall be put to any use the MDC sees fit without any compensation or reimbursement to the Contractor other than the fees to be paid under the terms of the Agreement. 9.8 DISSEMINATION OF DATA During the term of the contract awarded pursuant to this RFP, the successful Contractor shall not release any information related to the services or performance of the services under the Agreement nor publish any final reports or documents related to services or performance of services to the MDC without the prior written approval of the MDC. 9.9 RETENTION OF RECORDS
The Contractor shall retain and maintain all records and documents relating to the services for three (3) years after payment by the MDC of the final invoice and shall make them available for inspection and audit by the MDC, the State of Connecticut and any appropriate Federal agency. The accounting records and all supportive documentation shall be maintained in such a manner that will provide for a separation between direct and indirect costs. A similar provision shall be included in all subcontracts. 9.10 INDEPENDENT CONTRACTOR STATUS/PERSONNEL a. The selected Contractor shall perform the contract awarded pursuant to this RFP as an independent contractor and shall not be considered an agent or employee of the MDC nor shall any of the employees or agents of the Contractor be considered subagents or employees of the MDC. The MDC may elect to designate the Contractor as an agent but such designation must be made in writing by the Chief Executive Officer of the MDC. b. The Contractor shall utilize personnel listed in the final proposal package. Substitution of key personnel shall only be permitted with the written permission of the MDC. This provision, however, does not require the approval of a contract of employment between the Contractor and the personnel assigned to provide the services hereunder. c. For any project receiving funding from the MDC, the MDC may not enter into an agreement with any person who has left MDC employment, other than by reason of retirement, until the person has been out of the MDC employment for a period of one (1) year, unless excepted herein. The MDC may enter such an agreement with a person who has left MDC employment, other than by reason of retirement, for a period less than one (1) year provided that the specific project being bid upon was not under discussion or consideration in any form prior to or at the time the person left MDC’s employment. If the person has not been employed by the MDC for less than one year, a certification, under oath, must
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accompany the proposal certifying the fact that the project that is the subject of the RFP was not under discussion or consideration in any form prior to or at the time the person left MDC employment. d. No employee of the MDC, or of any department, commission or agency whose duties as such employee include matters relating or affecting the subject matter of this RFP shall, while such employee, become or be an employee, agent or representative, directly or indirectly, of the party or parties of any subsidiary thereof, thereby contracting with the MDC. e. Unless waived in writing by both the MDC and appropriate State and Federal agencies prior to award of the contract awarded pursuant to this RFP, no member officer, or employee of a local public agency, whether elected or appointed, during his tenure or for one (1) year thereafter shall have any interest, direct or indirect, in such contract or the proceeds thereof. 9.11 DISPUTES
All disputes arising under a contract awarded pursuant to this RFP, and not disposed of by agreement must be decided under procedures listed below. Pending final resolution of a dispute, the Contractor must proceed diligently with contract performance. A claim must be in writing for a sum certain, and any money requested must be fully supported by all cost and pricing information:
All disputes, claims, questions of fact or interpretations of the contract documents not disposed of by agreement or express provision of the contract arising between the MDC and the Contractor after performance of the contract has commenced but before final payment and termination of the contract, are decided by the MDC Chief Executive Officer (CEO) or his/her designee. The CEO or designee must give the selected Contractor not less than three (3) working days to submit documentation and written reasons supporting the Contractor's position in the dispute. The CEO or designee may consider any other information or written submissions from MDC employees or agents and may conduct an informal, non-record hearing for receipt of testimony, evidence, and argument. The District Counsel may participate in the hearings to protect the MDC's interest. The CEO or designee must render a decision, in writing, stating reasons for it and provide copies to the selected Contractor and the MDC Attorney. If the decision is mailed to the selected Contractor, it must be mailed "certified" and dated the date of mailing; otherwise, it must be dated the date of delivery to the selected Contractor.
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The written decision of the MDC CEO must be sent to all parties. Such decision may be appealed by either party to the Superior Court of the State of Connecticut.
9.12 ENTIRE AGREEMENT
Except to the extent that this RFQ/P may be incorporated into a contract awarded pursuant to this RFQ/P as provided herein, there are no promises, terms, conditions, or obligations other than those contained in the RFQ/P and the terms and conditions of the RFQ/P supersede all communications, representations, or agreements either verbal or written, between the MDC and the Respondent related specifically to the RFQ/P.
9.13 IMMIGRATION REFORM AND CONTROL ACT The Contractor awarded a contract pursuant to this RFP shall warrant that it does not and shall not hire, recruit or refer for a fee, for employment under the contract, an alien knowing the alien is an unauthorized alien and hire any individual without complying with the requirements of the Immigration Reform and Control Act of 1986 (the Act), including but not limited to any verification and record keeping requirements. The Contractor shall further assure the MDC that, in accordance with the Act, it does not and will not discriminate against an individual with respect to hiring, or recruitment or referral for a fee, of the individual for employment or the discharging of the individual from employment because of such individual's national origin or in the case of a citizen or intending citizen, because of such individual's citizenship status.
9.14 INCONSISTENT PROVISIONS
Notwithstanding any provisions to the contrary in any Agreement terms or conditions supplied by the Contractor, the MDC's General Conditions will supersede those terms and conditions in the event of any inconsistency.
9.15 GOVERNING LAW
Any contract awarded pursuant to this RFQ/P shall be construed in accordance with the laws and regulations of the Federal Government, State of Connecticut, and the MDC. The Contractor must, without additional cost to the MDC, pay any necessary fees and charges, obtain any necessary licenses and permits, and comply with applicable federal, state and local laws, codes and regulations. For purposes of litigation involving such contract, exclusive venue and jurisdiction shall be in the Superior Court of the State of Connecticut.
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APPENDIX A
Attachment 1 - Forms
ALL FORMS CONTAINED IN THIS ATTACHMENT
ARE TO BE COMPLETED AS PART
OF THE SUBMITTAL PROCESS AND
INCLUDED WITH THE QUALIFICATIONS
AND PROPOSAL SUBMITTAL
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FAIR EMPLOYMENT PRACTICES QUALIFICATION FORM
FOR VENDORS AND BIDDERS THE METROPOLITAN DISTRICT
________________________________________________________________ Every employer having 10 or more employees must fill out this complete Questionnaire. Firms having fewer than 10 employees are required to fill out Sections A and C only. FAILURE TO COMPLETE AND RETURN THIS FORM MAY BE SUFFICIENT CAUSE FOR REJECTION OF YOUR BIDS OR CANCELLATION OF PURCHASES. This questionnaire will be evaluated by The Metropolitan District to determine whether or not your firm is to be retained on the District's Bidding and Vendor List. SECTION A: All vendors must fill out this section and sign on page 2. Name of Firm: ____________________ Number of Employees: ______________ Address: ________________________ Telephone Number: ________________ Spokesperson for Firm:______________ Title: _____________________________ Nature of Business: _____________________________________________________ SECTION B: This section must be filled out by all employers having 10 or more employees. The employer will indicate its willingness or unwillingness to participate in the following affirmative action employment practices by circling one of the key letters. The key letters are: A This is now the practice of the Company. B The Company will adopt this affirmative action. C The Company cannot or will not adopt this affirmative action. (If ‘C’ is circled, reason must be stated.) It is understood that the Company’s willingness to participate in affirmative action employment practices will be evaluated by The Metropolitan District and this evaluation may directly influence vendor qualification. ________________________________________________________________________ 1. The Company will adopt a policy of non-discrimination on the basis of race, color,
creed, mental or physical disability, age, sex, national origin or ancestry. A B C Reason: ________________________________________________________________________ SECTION B: (Continued) 2. The Company's non-discriminatory policies are in writing and will be communicated
to the following: All employees: A B C Reason: All recruitment sources: A B C Reason: All relevant labor unions: A B C Reason:
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3. If the Company conducts any formal or informal training programs, the recruitment for these programs will be conducted so as not to discriminate against minority group persons.
A B C Reason: 4. The Company will take steps to integrate all positions, departments and plant
locations. A B C Reason: 5. The Company will review its qualifications for each job to determine whether such
standards eliminate those unemployed persons who could, if hired, perform the duties of the job adequately. The following qualifications will be reviewed:
Education A B C Reason: Experience A B C Reason: Tests A B C Reason: Arrest Record A B C Reason: 6. The Company will advise the Connecticut Commission on Human Rights and
Opportunities as to employment opportunities as they become available. A B C Reason: SECTION C: This section must be filled out by all Vendors and Bidders. Name of Firm: ___________________________________________________ Address: _____________________ Telephone Number: _______________ Signature of Officer: ______________________________________________ Title: _________________________ Date: ___________________________
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CWP RFQ/P #16 TRAINING/OJT/JOB PLACEMENT RFQ/P SUBMISSION CERTIFICATION OFFEROR MUST RETURN THIS COMPLETED FORM WITH PROPOSAL SUBMISSION PROPOSAL SUBMITTED BY: ________________________________________ FIRM: ___________________________________________________ ADDRESS: _______________________________________________ ________________________________________________________ PHONE: _________________________________________________ E-MAIL: _________________________________________________ FAX: ____________________________________________________ The proposal as submitted includes the required RFQ/P Submission Form with Conflict of Interest Certification, an Affidavit of Qualification to Bid and a Statement of Qualifications. I, the undersigned, hereby attest to the truth and completeness of the information and responses provided and certify that my firm has met the minimum selection criteria required in the Metropolitan District Commission’s Request for Qualifications and Proposals for Training, OJT, and Job Placement as described in document RFQ/P No. 16 Signature: Submitted By: Notary Attestation: State of Connecticut I hereby certify that on this ____ day of ______________________, 2009, before me the subscriber, a Notary Public in and for the State and County aforesaid, personally appeared known to me to be the person whose name is subscribed to he within instrument and acknowledged that same was executed for the purposes contained therein. Witness my hand and Notarial seal: ____________________________________ My Commission expires: Notary Public _____________________________________ (Print Name)
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CWP RFQ/P #16 TRAINING/OJT/JOB PLACEMENT AFFIDAVIT OF QUALIFICATION TO BID I HEREBY AFFIRM THAT 1) I am the _________________________________________(Title) and the duly authorized representative of the firm ______________________(Name of Corporation) and that I possess the legal authority to make this affidavit on behalf of myself and the firm for which I am acting. 2) The firm __________________________ is either a Connecticut corporation or is a foreign corporation properly registered with the Connecticut Secretary of State, in compliance with the General Statutes of the State of Connecticut. 3) Except as described in Paragraph 4 below, neither I nor the above firm, nor to the best of my knowledge, any of its officers, directors, or partners, or any of its employees directly involved in obtaining contracts with the State or any county, bi-county, or multi-county agency, or subdivision of the State have been convicted of, or have pleaded nolo contendere to a charge of, or have, during the course of an official investigation or other proceeding, admitted in writing or under oath, acts of omissions which constitute bribery, attempted bribery, or conspiracy to bribe, whether or not in furtherance of obtaining a contract with a public body, under the provisions of the laws of any state or the federal government (conduct prior to July 2, 1977 is not required to be reported). 4) List any conviction, plea, or admission described in paragraph 3 above, with the date, court, official, or administrative body; the individuals involved and their position with the firm; and the sentence or disposition, if any. Otherwise, state “none” as appropriate. 5) Neither I nor the above firm, nor to the best of my knowledge an officer, partner, controlling stockholder or principal of the bidder, or any other person substantially involved in the bidder’s contracting activities has: (1) been convicted under the laws of the State, another state or the United States of: (i) a criminal offense incident to obtaining, attempting to obtain, or performing a public or private contract; or (ii) fraud, embezzlement, theft, forgery, falsification or destruction of records, or receiving stolen property; (2) been convicted of a criminal violation of an antitrust statute of the State, another state or the United States; (3) been convicted of a violation of the Racketeer Influenced and Corrupt Organization Act, or the Mail Fraud Act, for acts in connection with the submission of bids or proposals for a public or private contract; (4) been convicted of a conspiracy to commit any act or omission that would constitute grounds for conviction under any of the laws or statutes of the State of Connecticut; (5) been found civilly liable under an antitrust statute of the State, another state or the United States for acts or omissions in connection with the submission of bids or proposals for a public or private contract. 6) Bidder hereby declares that this bid is made without any connection or collusion with any person, firm or corporation making a bid for the same work; that pursuant to this affidavit; that the attached specifications and any drawings referred to herein have been carefully examined and are understood; that careful examination has been made as is necessary to become informed as to the character and extent of the work required; and, that if this bid is accepted, this Bidder will contract to do, for the price stated in the attached cost proposal, all of the work described in the specifications, drawings and contract conditions.
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7) I acknowledge that this affidavit is to be submitted with the information submitted as part of the response to this RFQ/P and will furnished to the Chief Executive Officer of the MDC and, where appropriate, to the MDC Commission and to the District Counsel for the MDC. I acknowledge that, if the representations set forth in this affidavit are not true and correct, the MDC may terminate any contract awarded and take any other appropriate action. I do solemnly declare and affirm under the penalties of perjury that the contents of this affidavit are true and correct. ____________________ _______________________________ Witness Signature Witness Signature ______________________________ Date Notary Attestation: State of Connecticut I hereby certify that on this ____ day of ______________________, 2009, before me the subscriber, a Notary Public in and for the State and County aforesaid, personally appeared_____________________________, known to me to be the person whose name is subscribed to the within instrument and acknowledged that same was executed for the purposes contained therein. Witness my hand and Notarial seal: ____________________________________ My Commission expires: Notary Public _____________________________________
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CWP RFQ/P # 16 TRAINING/OJT/JOB PLACEMENT RFQ/P SUBMISSION FORM – CONFLICT OF INTEREST CERTIFICATION Company Name: _____________________________________ Company U.S. Treasury Department Employers’ Identification Number: ________________________ Contact Person: ______________________________________ Company Address: ______________________________________ _____________________________________ _ Phone: ___________________ Fax: _________________________ Phone: ___________________ E-mail: ______________________________ CONFLICT OF INTEREST CERTIFICATION I HEREBY CERTIFY, on behalf of _________________________ that neither the MDC Chief Executive Officer(CEO), nor any other officer, agent, or employee of the MDC, no member of the governing body of the MDC, and no member or employee of a Commission, Board, or Corporation controlled or appointed by the Chairman of MDC has received or has been promised directly or indirectly, any financial benefit by way of fee, commission, finder’s fee, or in any other manner, remuneration directly or indirectly related to this contract. Upon request by the CEO or other authorized agent, as a prerequisite to payment pursuant to the terms of a contract awarded pursuant to this bid submission, I (we) will furnish to the MDC, under oath, answers to any interrogatories and comply with any request to review documents related to a possible conflict of interest as herein embodied. I HEREBY CERTIFY, on behalf of __________________________ that no employee, representative, or agent of___________________________ is a member or employee of any agency, commission, board or corporation of the MDC or is the spouse or any other relative of any of the foregoing. If ______________________________ is unable to so certify, the details of any such relationship with the MDC are disclosed herein: ______________________________________________________________________ ______________________________________________________________________ I do solemnly declare and affirm under the penalties of perjury that the contents of this affidavit are true and correct. ______________________________ _______________________________ Signature Title Witness______________________________ Date: ________________________________
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Notary Attestation: State of Connecticut I hereby certify that on this ____ day of __________________, 2009, before me the subscriber, a Notary Public in and for the State and County aforesaid, personally appeared _____________________________, known to me to be the person whose name is subscribed to the within instrument and acknowledged that same was executed for the purposes contained therein. Witness my hand and Notarial seal: ____________________________________ My Commission expires: Notary Public _____________________________________ (Print Name)
