Request for Bids/Proposals

Sep 4, 2024 | Bids and Proposals

REQUEST FOR BIDS/PROPOSALS FOR

Westport Sidewalk Replacement and Improvement Program

 

 PURPOSE

 

The Westport Regional Business League (“WRBL”) on behalf of the Westport Community Improvement District II seeks submittals of bids/proposals for the Westport Sidewalk Replacement and Improvement  Project. The purpose of the project is to repair and/or replace certain sidewalks within the boundaries of the Westport Community Improvement District in Kansas City, Missouri.  Project implementation must  begin on October 8, 2024 or as soon thereafter as possible and must conclude prior to November 30, 2024.

 

DUE DATE FOR PROPOSALS

 

Proposers shall submit Proposals to the WRBL Contact person (Franklin Kimbrough) listed in Section 3 by 2 (CT) on Friday, October 4, 2024.

 

PROPOSAL SUBMISSION AND QUESTIONS

 

  • Submissions and Questions

Proposers shall submit their Proposal and any questions or issues about any aspect of this RFB/P to the following WRBL Contact person (Project Manager).

 

Franklin Kimbrough, Executive Director

Westport Regional Business League

4050 Pennsylvania Avenue – Suite M100

Kansas City, MO 64111

Phone: (816) 531-4370 Ext. 2

Email: kim@wrbl.org

 

  • Question Deadline

Proposers may submit written questions, request clarifications or provide notice to the WRBL of any ambiguities, conflicts, mistakes, errors or discrepancies that Proposer has discovered in the RFB/P, Scope of Services and any other solicitation document at any time until one (1) week prior to the due date for proposals.

 

The WRBL will answer all inquiries by any Proposer in writing. If any inquiry results in a change in the RFB/P, the WRBL will issue an Addendum; and the Addendum will be posted on the WRBL’s website. It is the responsibility of Proposers to check the WRBL’s website for addenda. (westportkcmo.com/join-us)

 

  • Questions – Post Deadline

If a Proposer discovers any ambiguities, conflicts, mistakes, errors or discrepancies after the deadline for questions and clarifications or after the proposal due date, Proposer shall immediately submit the ambiguity, conflict, mistake, error or discrepancy to the WRBL Contact. The WRBL, in its sole discretion, shall determine the appropriate response to any issue raised by any Proposer.

 

DEFINITION OF “REQUEST FOR BIDS/PROPOSALS” AND “PROPOSAL”

 

This Request for Bids/Proposals (“RFB/P” or “solicitation”) is an invitation by the WRBL for Proposers to submit an offer, which may be subject to subsequent discussions and negotiations by the WRBL and the Proposer.

 

“Proposal” means any document, submittal, interview, presentation, discussion, negotiation, and everything and anything provided in response to this RFB/P regardless of whether the submission is an oral or written submission.

 

By submitting a proposal to the WRBL, Proposer agrees that the Proposer does not obtain any right in or expectation to a contract with the WRBL or a vested interest or a property right in a contract with the WRBL regardless of the amount of time, effort and expense expended by Proposer in attempting to obtain a written executed contract with the WRBL.

 

ESTIMATED SCHEDULE

 

DATE ACTIVITY
September 4, 2024 RFB/P Issued
When:

September 19, 2024 at

10:00am

       Mandatory Pre-Proposal Conference & Site Tour

Location:

Westport Regional Business League

Conference Room

4050 Pennsylvania Avenue – Suite M100

Kansas City, MO 64111

 

 

If a representative of your business does not attend the Mandatory Pre-Proposal Conference, your business cannot submit a proposal for this RFP to the WRBL, and the WRBL cannot consider your proposal.

September 27, 2024 Deadline for Questions
October 4, 2024 at 2:00pm Due Date for Proposals

 

The listed dates in the “Estimated Schedule” are tentative. The WRBL reserves the right to change or extend any and all dates including the due date for proposals for any reason at any time including after the due date for proposals.

 

 

 

EXAMINATION OF ALL RFB/P DOCUMENTS AND REQUIREMENTS

 

Each Proposer shall carefully examine all RFQ/P documents and thoroughly familiarize themselves with all RFB/P requirements prior to submitting a proposal to ensure that Proposer’s Proposal meets the intent of this RFB/P.

 

Before submitting a Proposal to the WRBL, each Proposer shall make all investigations and examinations that are necessary to ascertain any and all conditions and requirements that affect the performance and delivery of the goods and services (hereinafter “the Services”) requested by this RFB/P. Failure of a Proposer to make such investigations and examinations shall not relieve the Proposer from Proposer’s obligation to comply, in every detail, with all provisions and requirements of the RFB/P.

 

By submitting a Proposal to the WRBL, Proposer certifies that Proposer has provided the WRBL with written notice of all ambiguities, conflicts, mistakes, errors or discrepancies that Proposer has discovered in the RFB/P, the Scope of Services, and any other document. By executing a Contract with the WRBL, Proposer certifies that Proposer communicated to WRBL all ambiguities, conflicts, errors or discrepancies that it has discovered in the RFB/P, the Proposed Contract, Scope of Services and any other document and that written resolution thereof by the WRBL as embodied in the final Contract is acceptable to Proposer.

 

SUBMISSION OF PROPOSALS

 

Where: Proposers shall deliver their Proposals to the offices of the Westport Regional Business League, 4050 Pennsylvania Avenue – Suite M100, Kansas City, MO 64111, to the attention of the Executive Director. Proposers shall address their Proposal to the WRBL Contact person and shall state on the outside of the sealed Proposal envelope the following information: Project Title, Due Date and Time, and Name of the Proposer’s Business.

 

No. of Copies. Proposers shall submit one (1) signed original and two (2) copies of their Proposal, along with one (1) electronic copy in PDF format on a flash drive/USB.

 

Format. In order to assure uniformity of the Proposals and to facilitate the evaluation process, all Proposals shall be organized and their parts labeled with tabs. Proposals shall be limited to no more than twenty (20) printed pages. Each Proposal shall be presented in 12-point font, such as Times New Roman or Arial, on 8-1/2” x 11” paper, with each page numbered. Each page will count as one (1) page if printed only on one side, and two (2) pages if printed on front and back. If using (11″ x 17″) folded sheets, it will count as two (2) pages if printed on one side, and four (4) pages if printed on front and back.

 

Additional Materials. The Proposal may also contain any narrative, charts, tables, diagrams, or other materials in addition to those called for herein; to the extent such additions are useful for clarity or completeness of the Proposal. Attachments should clearly indicate on each page the paragraph in the Proposal to which they pertain.

 

CONTENT OF PROPOSAL. Your proposal should include the following:

 

Proposal Part I – Business/Firm Profile and Legal Structure

 

  • Legal Name, address, phone, fax, e-mail, Federal ID#, and website address.
  • Brief history of business/firm including date the business/firm was established under the current name.
  • List all services provided by the business/firm.
  • Number of total employees including number of total employees in Kansas City, Missouri and number of employees in Greater Kansas City Area.
  • Has the business/firm ever failed to complete work for which a contract was issued? If yes, explain the circumstances.
  • Are there any civil or criminal actions pending against the business/firm or any key personnel related in any way to contracting? If yes, explain in detail. Are there any current unresolved disputes/allegations?
  • Provide a brief history of the business/firm’s contractual litigation, arbitration, and mediation cases for the last five (5) years that are material and relevant to this contract.
  • Has the business/firm ever been disqualified from working for the City of Kansas City, Missouri or any other public entity? If yes, explain the circumstances.

 

Proposal Part II – Experience

 

  • Include a list of the three (3) most relevant or comparable jobs successfully completed by your business/firm during the past three (3) years with a short description of each project and knowledgeable contact names, emails, and phone numbers.
  • Provide a list of all public contracts entered into for the last three (3) years. Include the dollar amounts, summary of scope of services, contract terms, Public Owner’s contact person, e-mail address, cell phone number and telephone number.

 

Proposal Part III – Personnel

 

  • Please provide your staff capacity for meeting the WRBL’s requirements.
  • Identify the Key Employees who are likely to be assigned to this contract if your proposal is selected. [NOTE: Key Employee(s) must be committed to the contract duration and may not be removed or substituted without the WRBL’s prior written consent.]
  • For each of the Key Employee(s), provide a resume and/or summary with at least the following background information:
    • Description of relevant experience.
    • Years of employment with the business/firm.
    • City and State of residence.
    • State time commitment on other accounts.
    • Applicable professional registrations, education, certifications, and credentials.
  • Please comment on the ability of your business/firm to sustain the loss of Key Employee(s).
  • Provide a staffing plan for the contract including the locations of the positions.
  • Provide a listing of proposed subcontractors and work to be performed, along with a general summary of each subcontractor’s qualifications and relevant experience.
  • Please certify that you will pay all employees who will work on this Contract in the city limits of Kansas City, Missouri at least $12.30 per hour.
  • If you will not certify that you pay your employees who will work on the WRBL Contract at least $12.30 per hour, please submit the following so the WRBL can evaluate the potential quality of your personnel:
    • Turnover rate for the last three calendar years for non-exempt employees and exempt employees; and
    • Employee benefits provided to exempt and non-exempt employees; and
    • Training provided to exempt and non-exempt employees, including those that will provide services to the WRBL; and
    • Promotional opportunities for non-exempt and exempt employees; and
    • Average tenure of exempt and non-exempt employees during the immediately preceding three calendar years; and
    • Employee incentive rewards and employee recognition policies; and
    • How you provide and receive employee feedback and communication; and
    • Mentorship programs provided to employees; and
    • Education benefits provided for exempt and nonexempt employees.

 

Proposal Part IV – Project Approach

 

  • Discuss your understanding of the Project scope and objectives as described in this RFB/P and any Addendums to this RFB/P.
  • Discuss your approach to the Project with specific references to the services requested in the RFB/P and any Addendums and the Project critical success factors.
  • Describe your Quality Assurance Plan.
  • Describe any innovative practices or approaches that will be used on this Project.
  • State date your business/firm is available to begin work on the Project.
  • Fixed fee price for accomplishment of the desired sidewalk replacement and repair program work.

 

 

EVALUATION CRITERIA

 

Any evaluation criteria or weighting of criteria is used by the WRBL only as a tool to assist the WRBL in selecting the best proposal for the WRBL. Evaluation scores or ranks do not create any right in or expectation to a contract with the WRBL regardless of any score or ranking given to any Proposer by the WRBL.  In other words, even if the WRBL gives a Proposer the highest rank and highest score, the Proposer still has no expectation of a contract with the WRBL and the WRBL may choose to contract with any other Proposer regardless of the score or rank of the other Proposer.

 

The WRBL may change criteria and criteria weights at any time including after the due date for proposals.

 

INTERVIEWS

 

The WRBL, in its sole discretion, may interview none, one, some or all of the Proposers who submit proposals.

 

DISCUSSIONS AND NEGOTIATIONS

 

The WRBL, in its sole discretion, may do any or all of the following:

 

  • Evaluate proposals and award a contract with or without presentations, discussions or negotiations with any or all of the Proposers;
  • discuss and negotiate anything and everything with any Proposer or Proposers at any time;
  • request additional information from any or all Proposers;
  • request a Proposer or Proposers to submit a new Proposal;
  • request one or more best and final offers from any or all Proposers;
  • accept any Proposal in whole or in part;
  • require a Proposer to make modifications to their initial Proposals;
  • make a partial award to any or all Proposers;
  • make a multiple award to any or all Proposers;
  • terminate this RFB/P at any time and reissue an amended RFB/P or new RFB/P.

 

PROPOSAL MUST REMAIN FIRM IRREVOCABLE OFFER TO WRBL FOR 90 DAYS

 

By submitting a proposal to the WRBL, Proposer agrees that Proposer’s Proposal shall constitute a firm irrevocable offer to the WRBL that Proposer shall not withdraw or modify without the WRBL’s approval for ninety (90) days after the proposal due date. Proposer agrees that even if the WRBL negotiates or makes a counteroffer to Proposer on Proposer’s original Proposal or any subsequent Proposal submitted by Proposer to the WRBL, Proposer hereby grants to the WRBL, in the WRBL’s sole discretion, the unconditional right for the WRBL to accept Proposer’s original Proposal and the WRBL’s negotiation or counteroffer shall not be deemed to be a counteroffer.

 

After ninety (90) days, the WRBL can accept any proposal or subsequent proposals from any Proposer with the consent of the Proposer at any time and regardless of the length of time that has passed from the proposal due date.

 

SELECTION

 

The WRBL will select the proposal that in the WRBL’s sole judgment the WRBL determines to be the best Proposal. Section 432.070, RSMo requires a written executed contract signed by both parties prior to anyone performing services or providing any goods, supplies, materials, or equipment. This means that a Proposer does not have a contract with the WRBL until a written contract is executed.

 

REJECTION OF PROPOSALS

 

The WRBL reserves the unconditional right to reject any or all proposals received in response to this RFB/P at any time prior to the WRBL executing a contract that meets the requirements of Section 432.070, RSMo,

 

WAIVER OF RFB/P REQUIREMENTS

 

The WRBL, at any time, may waive any requirements imposed in this RFB/P.

 

LATE PROPOSALS

 

The WRBL, in its sole discretion, may consider proposals received by the WRBL after the proposal due date if: (1) the WRBL extends the due date after the deadline for a force majeure event that could potentially affect any or all Proposers meeting the deadline; or (2) the WRBL has not opened any of the proposals; or (3) it is in the best interest of the WRBL to accept the proposal.

 

 

 

CHANGES IN THE RFQ/P

 

After this RFB/P is issued, the WRBL, in its sole discretion, may change everything or anything contained in this RFB/P.  The WRBL will notify Proposers of all material changes.

 

If the WRBL shall amend the RFB/P after the proposal due date, the WRBL may, in its sole discretion, solicit new proposals in an amended RFB/P from anyone or everyone regardless of whether a person submitted a proposal in response to the original RFB/P.

 

CHANGES IN EXECUTED CONTRACT AND ADDITIONAL WORK

 

  • After the WRBL executes a contract in accordance with the requirements of Section 432.070, RSMo, the WRBL may, in its sole discretion, amend the contract to change anything or everything associated with the contract as long as such change is in the interest of the WRBL and as long as the Contractor agrees to the change.

 

  • The WRBL, in its sole discretion, may award additional contracts for related work or subsequent Project phases to the selected Contractor.

 

  • The WRBL, in its sole discretion, may extend the term of the contract with the selected Contractor notwithstanding the expiration of the initial term or any subsequent term or all options to renew, until the WRBL has a new contract in place with either Proposer or another provider or until the WRBL terminates the Contract.

 

PERFORMANCE BOND AND LABOR AND MATERIAL PAYMENT BOND

 

The Contractor shall furnish a Performance Bond in an amount equal to one hundred percent (100%) of the Contract Sum as security for the faithful performance of this Contract and also a Labor and Material Payment Bond in an amount not less than one hundred percent (100%) of the Contract Sum in a penal sum not less than that prescribed by State or local law, as security for the payment of all persons performing labor on the project under this Contract and furnishing materials in connection with this Contract. The Surety shall be a company licensed to do business in the State of Missouri and shall be acceptable to the WRBL. The Performance Bond and the Labor and Material Payment Bond may be in one or in separate instruments.

 

The successful bidder shall deliver the required bonds to the WRBL not later than the date of execution of the Contractor Agreement. The bidder shall require the attorney-in-fact who executes the required bonds on behalf of the Surety to affix thereto a certified and current copy of his power of attorney.

 

PROPOSER SOLELY RESPONSIBLE FOR ALL COSTS

 

Regardless of the amount of time, effort, cost, and expense incurred by a Proposer in Proposer’s attempt to win this WRBL contract, Proposer agrees that Proposer shall be solely responsible and liable for any and all costs incurred by Proposer. The WRBL shall have no liability or responsibility for any of Proposer’s costs or expenses.

 

OWNERSHIP OF PROPOSALS

 

By submitting its Proposal, Proposer hereby agrees that Proposer’s Proposal and any supplementary material submitted by the Proposer shall become property of the WRBL.

 

DISCLOSURE OF PROPRIETARY INFORMATION

 

A Proposer may attempt to restrict the disclosure of scientific and technological innovations in which the Proposer has a proprietary interest, or other information that is protected from public disclosure by law, which is contained in the Proposal by:

 

  • Marking each page of each such document prominently in at least 16-point font with the words “Proprietary Information”;
  • Printing each page of each such document on a different color paper than the paper on which the remainder of the Proposal is printed; and
  • Segregating each page of each such document in a sealed envelope, which shall prominently display, on the outside, the words “Proprietary Information” in at least 16-point font, along with the name and address of the Proposer.

 

After either a contract is executed pursuant to the RFB/P, or all submittals are rejected, if access to documents marked “Proprietary Information”, as provided above, is requested under the Missouri Sunshine Law, the WRBL will notify the Proposer of the request, and it shall be the burden of the Proposer to establish that such documents are exempt from disclosure under the law.

 

If the Proposer elects to challenge a formal request for such information made to the WRBL and if the Proposer is unsuccessful in keeping such information closed, the Proposer shall pay for any and all costs, attorney fees and fines that are a result of Proposer’s attempt to keep the information closed.

 

Notwithstanding the foregoing, in response to a formal request for information, the WRBL reserves the right to release any documents if the WRBL determines that such information is a public record pursuant to the Missouri Sunshine Law.  The WRBL shall have no liability to any Proposer or anyone else for releasing any Proprietary Information of a Proposer even if the WRBL is negligent in releasing or disclosing any Proprietary Information of any Proposer.

 

CLOSED RECORDS

 

All Proposals including interviews, presentations and documents, and meetings relating thereto may remain closed records or meetings under the Missouri Sunshine Law until a contract is executed or until all Proposals are rejected by the WRBL. If the WRBL amends this RFB/P, Proposals submitted in response to the original RFB/P may remain closed records until a contract is executed or all proposals submitted in response to the amended RFB/P are rejected.  Proposals shall remain closed records even if the WRBL mistakenly informs all Proposers that it is rejecting any and all Proposals prior to amending the RFB/P as long as the WRBL intends to amend the RFB/P and resolicit Proposals.

 

ADA STANDARDS

 

It is the policy of the City of Kansas City and required by law that any new or renovated facility meet the scoping and technical requirements of the 2010 ADA Standards for newly designed and constructed or altered local government facilities, public accommodations, and facilities. The design and construction of the project must conform to the 2010 ADA Standards, as applicable and as amended from time to time, and is readily accessible to and usable by individuals with disabilities.

 

For persons with disabilities needing reasonable accommodations please contact Franklin Kimbrough at 816-531-4370 Ext. 2.

 

ACCESS

 

Access for customers and employees to all businesses and/or residences adjacent to the sidewalk(s) being replaced or repaired must be maintained during the hours that the adjacent business is open to the public or if a residence during all hours that the replacement or repair work is occurring.

 

LIMITATION ON DAYS OF WORK

 

Work on the Westport Sidewalk Replacement and Improvement Project may only occur during Mondays, Tuesdays, and Wednesdays during the noted construction period. Any sidewalk area removed must be replaced within the same day that concrete removal occurred.

 

SAWING

 

Any sawing shall be to a safe depth necessary to avoid any damage to abutting sidewalk, pavement, curb and gutter, brick pavers, tree roots, and below ground utilities. The price of sawing concrete must be included in the overall cost identified in the proposal.BEFORE any sawing associated with this project commences, the contractor must have the site(s) marked by Missouri One Call/Missouri 811 for all public underground facilities and utilities.

 

Adjacent sidewalk stones which have been damaged through carelessness of the contractor or subcontractors shall be replaced by the contractor at their own expense. Likewise, damaged vegetation, asphalt, brick, steps, or other private property damaged  by contractors work shall be replaced or repaired by the contractor at the Contractor’s sole expense on the same day that the damage occurred.

 

REMOVAL OF MATERIALS

 

All materials removed from the sidewalks or excess materials associated with sidewalk replacement or repair must be removed from the site of each replacement or repair location on the same business day that material has been deposited on or adjacent to the sidewalk. No materials may be placed in the gutter, the curbside parking lanes, or the street at any time during the replacement or repair work. Additionally, the Contractor must keep the areas behind the curb, the area covered by brick pavers, any adjoining building, the tree pits, street light poles, or any other street furniture free from overpour and other debris. Contractor will be held responsible for cost incurred in cleaning debris from any of the areas noted herein and such costs will be deducted from the contract payments.

 

Excess concrete from finishing operations or from spillage on adjacent sidewalks, brick pavers, adjoining buildings, utility poles, or tree pits must be removed immediately and flushed with water.

 

BARRICADING

 

The Contractor shall comply with the current City of Kansas City, Missouri Work Zone Safety Guidelines for Construction, Maintenance, and Utility Operations. If the contractor needs to temporarily close a street to vehicular traffic, the appropriate City of Kanas City, Missouri permits for the same must be acquired in advance of such closure. The Contractor shall furnish all traffic control, sidewalk closed, and no parking signs as required. All necessary barricading and signing shall be included in the proposal price.

 

 

LABOR, MATERIALS AND EQUIPMENT

 

Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat utilities, transportation, and other facilities and services necessary for the proper execution and completion of the work.

 

The Contractor shall at all times enforce strict discipline and good order among its employees and shall not employ on the work site any unfit person or anyone not skilled in the task assigned to him/her. If the WRBL reasonably objects to any person employed by the Contractor, the employee shall be immediately dismissed from work on the sidewalk replacement and improvement project.

 

WARRANTY

 

The Contractor will be required to warrant to the WRBL that all materials and equipment furnished under the Contract and incorporated in the Sidewalk Replacement and Improvement Project  will be new unless otherwise specified, and that all work will be good quality, free from faults and defects and in conformance with the requirements of this RFB/P and the Contract documents.

 

INSURANCE

 

Contractor shall carry and maintain the following insurance coverages throughout the term of the work being performed on the Sidewalk Replacement and Improvement Project:

 

Commercial General Liability Insurance Policy with limits of at least $1,000,000.00 per occurrence and at least $2,000,000.00 in aggregate written on an occurrence basis.

 

Worker’s Compensation Insurance, including employee liability with limits of not less than $1,000,000.00 per accident; $100,000.00 per employee for disease; $1,000,000.00 policy limit for disease and all other insurance required by law on all of its employees working on the Sidewalk Replacement and Improvement Project.

 

All insurance policies must list the WRBL as a named additional insured on the policy and be provided by insurance companies that have an A.M. Best rating of “A” or better and are licensed or authorized by the State of Missouri to provide insurance in Missouri. Certificates of Insurance acceptable to the WRBL for all required insurance coverages must be provided to the WRBL prior to commencement of the work by the successful proposer and must stay in full effect throughout the duration of the work on the Sidewalk Replacement and Improvement Project.

 

 

PERMITS AND FEES

 

The Contractor shall be responsible for securing and paying for all permits, governmental fees, and licenses necessary for the proper execution and completion of the Sidewalk Replacement and Improvement Project.