Apr 8, 2022
FOR DESIGN PROFESSIONAL SERVICES CONTRACT FOR
Westport Stormwater Management Alternatives Assessment Project
WESTPORT REGIONAL BUSINESS LEAGUE
The Westport Regional Business League (“WRBL”) invites you to submit a proposal for the Westport Stormwater Management Alternatives Assessment Project. The purpose of the project is to conduct preliminary engineering evaluations and alleviate stormwater flooding along Mill Street between the entrance to Manor Square parking garage south to 43rd Street. This project will develop a recommended stormwater management solution and a design basis memorandum of the recommended solution which will be used to perform design and implementation in the next project phase. Project efforts will be conducted consistently and collaboratively with the City of Kansas City’s other ongoing projects within the downstream combined sewer system.
Professional services are required for conducting preliminary evaluations: data collection; conducting hydrologic and hydraulic analysis; developing alternatives; stakeholder engagement; final design concept selection; developing a design basis memorandum; recommending phasing and funding opportunities; and completing preliminary design documents. Services are to be completed by December 31, 2022.
Critical Project success factors are:
- Engaging professionals with proven experience in planning, hydrologic and hydraulic modeling, designing, and construction of flood solution projects in historical urban commercial districts.
- Incorporating a solution that effectively reduces local flooding with consideration to downstream combined sewer system constraints.
- Integrating cost effective green infrastructure.
- Coordinating with KC Water, the Westport Regional Business League, and other project stakeholders.
- Funding and phasing of design and implementation steps.
2. DUE DATE FOR PROPOSALS
Proposers shall submit Proposals to the WRBL Contact person (Franklin Kimbrough) listed in Section 3 by 4:00 p.m. (CT) on Monday, May 9, 2022.
3. PROPOSAL SUBMISSION AND QUESTIONS
a. Submissions and Questions. Proposers shall submit their Proposal and any questions or issues about any aspect of this RFQ/P to the following WRBL Contact person (Project Manager) and Contract Administrator.
Franklin Kimbrough, Executive Director Amy Schonhoff, Contract Administrator
Westport Regional Business League Westport Regional Business League
4050 Pennsylvania Avenue – Suite M100 4050 Pennsylvania Avenue – Suite M100
Kansas City, MO 64111 Kansas City, MO 64111
Phone: (816) 531-4370 Ext. 2 Phone: (816) 384-2405
Email: email@example.com Email: firstname.lastname@example.org
b. 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 RFQ/P, the Standard City of Kansas City, Missouri (CITY) Contract, 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 RFQ/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/Westport-kansascity-news/RFQP)
- 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.
4. DEFINITION OF “REQUEST FOR QUALIFICATIONS/PROPOSALS” AND “PROPOSAL”
- This Request for Qualifications/Proposals (“RFQ/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. It is not a request for a competitive bid.
- “Proposal” means any document, submittal, interview, presentation, discussion, negotiation, and everything and anything provided in response to this RFQ/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 that complies with Section 432.070, RSMo, of the City of Kansas City, Missouri (CITY) Charter and CITY ordinances.
5. ESTIMATED SCHEDULE
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.
6. RFQ/P DOCUMENTS
This RFQ/P consists of the following documents:
a. Request for Qualifications/Proposals for Design Professional Services Contract
b. Westport Stormwater Management Plan 2015 as Exhibit A
c. Preliminary Scope of Services attached as Exhibit B
d. CREO KC Form 06: CREO KC Instructions for Request for Qualifications/Proposals
e. CREO KC Form 13: Affidavit of Intended Utilization
f. 00410.01 Experience and Reference Form
g. Standard CITY Contract Format Part 1 and 2
Attachment A – Preliminary Scope of Services (See Exhibit B)
Attachment B – Electronic Format Requirements
Attachment C – Engineering Fee Summary and Schedule of Position Classifications
Attachment D – Licensed Geographical Information System Data
Attachment E – CREO KC Documents
- 00450 CREO KC Form 08: Contractor Utilization Plan/Request for Waiver
- 00450.01: Letter of Intent to Subcontract
- 00460 CREO KC Form 10: Timetable for MBE/WBE Utilization
- 00470 CREO KC Form 11: Request for Modification or Substitution
- 01290.14: Contractor Affidavit for Final Payment
- 01290.15: Subcontractor Affidavit for Final Payment
Attachment F – Employee Eligibility Verification Affidavit
Attachment G – Non-Construction Subcontractors Listing
Attachment H – Non-Construction Application for Payment
7. PROPOSAL REQUIREMENTS
a. Key personnel qualifications and skills required are:
1) Civil/Water Resource/Environmental Engineering
2) Hydrologic and Hydraulic Modeling
3) Stakeholder Engagement and Consensus Building
b. Design Professional’s must have demonstrated experience and expertise in the following areas, including but not limited to:
1) Developing models and performing hydrologic and hydraulic analysis/assessments, including two-dimensional urban stormwater flood simulations
2) Flood risk assessments
3) Green infrastructure design within urban environments
4) Alternative analysis
5) Early identification of issues/constraints and implementation of alternative solutions
8. EXAMINATION OF ALL RFQ/P DOCUMENTS AND REQUIREMENTS
a. Each Proposer shall carefully examine all RFQ/P documents and thoroughly familiarize themselves with all RFQ/P requirements prior to submitting a proposal to ensure that Proposer’s Proposal meets the intent of this RFQ/P.
b. 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 RFQ/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 RFQ/P.
c. 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 RFQ/P, the Standard Contract, 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 RFQ/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.
9. SUBMISSION OF PROPOSALS
All proposal documents should be submitted in the exact order as listed in the RFQ/P.
a. 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 Project Manager listed in Section 3. Proposers shall address their Proposal to the WRBL Contact person and shall state on the outside of the sealed Proposal envelope the following information: the Contract No. (CN#458) and Project Title, Due Date and Time, and Name of the Proposer’s Business/Firm.
b. No. of Copies. Proposers shall submit one (1) signed original and nine (9) copies of their Proposal, along with one (1) electronic copy in PDF format on a flash drive/USB.
c. 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, as shown in Section 9. Proposals shall be limited to no more than fifty (50) 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. As part of the CITY’s green initiatives, Proposers shall limit all excess paper, division tabs, folders, etc., so the Proposals are as eco-friendly as possible.
c. 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.
10. CONTENT OF PROPOSAL. Your proposal should include the following:
10.1 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 or any other public entity? If yes, explain the circumstances.
10.2 Proposal Part II – Experience
- Complete 00410.01 Experience and Reference Form (Required)
- Include a list of three (3) most relevant or comparable contracts completed by your business/firm during the past three (3) years.
- Provide a list of all City of Kansas City, Missouri 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.
10.3 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 an organizational chart for the assigned staff.
- 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 $13.75 per hour in compliance with the CITY’s Quality Services Assurance Act, Section 3-66, Code of Ordinances.
- If you will not certify that you pay your employees who will work on the WRBL Contract at least $13.75 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.
10.4 Proposal Part IV – Project Approach
- Discuss your understanding of the Project scope and objectives.
- Discuss your approach to the Project with specific references to the services requested in the RFQ/P and the Project critical success factors.
- Describe your Quality Assurance Plan.
- Describe any innovative practices or approaches that will be used on this Project.
- Include a Gantt chart schedule and brief summary, based on your project approach, indicating start and finish times and total duration of the work proposed as part of this Project.
- State approximate date your business/firm is available to begin work on the Project.
10.5 Proposal Part V – Sustainability
Include a concise summary of your company’s policies, strategies, and actions that demonstrate your philosophy and commitment to sustainability. The CITY has adopted an overall policy supporting a greater use of “green solutions” or enhanced sustainability measures that consider environmental quality, social equity, and economic vitality. In order to minimize waste, enhance efficiencies, and achieve multiple benefits and project synergies, all CITY projects must identify opportunities for sustainability improvements and implement those improvements when financially reasonable and operationally practical.
The EnvisionTM rating system is used by the CITY’s Water Services Department to promote sustainability in a variety of infrastructure projects and to encourage sustainable approaches as an important part of project design. EnvisionTM will also be used to evaluate and grade the sustainability of project components as they are developed.
- Describe how your Proposal will address the established CITY policies referenced in this RFQ/P specific to the project or service on which you are proposing.
- Describe any practices or strategies that will be used on this Project to increase its sustainability and your team’s overall approach to meet Envision™ credits as outlined in the KC Water Sustainability Playbook.
- Incorporate sustainability and efficiency into the planning, design, construction, operation, and maintenance of the project. Highlight each component of the project that you feel deserves consideration in this context and demonstrate how sustainability and efficiency are integrated into the project.
- If it is not possible to comprehensively integrate significant sustainability measures, then highlight elements you feel deserve consideration in this context.
10.6 Proposal Part VI – Other Required Documents
Complete and submit with your proposal the following documents to the WRBL:
11. EVALUATION CRITERIA
a. 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.
b. The WRBL may change criteria and criteria weights at any time including after the due date for proposals.
The WRBL, in its sole discretion, may interview none, one, some or all of the Proposers who submit proposals.
13. DISCUSSIONS AND NEGOTIATIONS
The WRBL, in its sole discretion, may do any or all of the following:
a. evaluate Proposals and award a contract with or without presentations, discussions or negotiations with any or all of the Proposers;
b. discuss and negotiate anything and everything with any Proposer or Proposers at any time;
c. request additional information from any or all Proposers;
d. request a Proposer or Proposers to submit a new Proposal;
e. request one or more best and final offers from any or all Proposers;
f. accept any Proposal in whole or in part;
g. require a Proposer to make modifications to their initial Proposals;
h. make a partial award to any or all Proposers;
i. make a multiple award to any or all Proposers;
j. terminate this RFQ/P at any time and reissue an amended RFQ/P or new RFQ/P.
14. PROPOSAL MUST REMAIN FIRM IRREVOCABLE OFFER TO WRBL FOR 90 DAYS
a. 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.
b. 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.
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. The written executed contract must also comply with the CITY Charter and CITY Ordinances. This means that a Proposer does not have a contract with the WRBL until a written contract is executed.
16. REJECTION OF PROPOSALS
The WRBL reserves the unconditional right to reject any or all proposals received in response to this RFQ/P at any time prior to the WRBL executing a contract that meets the requirements of Section 432.070, RSMo, the CITY Charter and all applicable CITY Ordinances.
17. WAIVER OF ORDINANCES, REGULATIONS AND RFQ/P REQUIREMENTS
Pursuant to Section 3-35, CITY Code of Ordinances, the WRBL, at any time, may waive any requirements imposed in this RFQ/P or by any CITY ordinance or regulation.
18. LATE PROPOSALS
The WRBL, in its sole discretion, may consider proposals received by the WRBL after the proposal due date if: (1) the proposal is sent via the U.S. Postal Service, common carrier or contract carrier, by a delivery method that guarantees the proposal will be delivered to the WRBL prior to the proposal due date; or (2) if the proposal is submitted by mail, common carrier or contract carrier it is determined by the WRBL that the late receipt was due to the U.S. Postal Service, common carrier or contract carrier; or (3) the proposal is timely delivered to the WRBL, but the proposal is at a different WRBL location than that specified in this RFQ/P; or (4) 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 (5) the WRBL has not opened any of the proposals; or (6) it is in the best interest of the WRBL to accept the proposal.
19. CHANGES IN THE RFQ/P
a. After this RFQ/P is issued, the WRBL, in its sole discretion, may change everything or anything contained in this RFQ/P. The WRBL will notify Proposers of all material changes.
a. If the WRBL shall amend the RFQ/P after the proposal due date, the WRBL may, in its sole discretion, solicit new proposals in an amended RFQ/P from anyone or everyone regardless of whether a person submitted a proposal in response to the original RFQ/P.
20. CHANGES IN EXECUTED CONTRACT AND ADDITIONAL WORK
a. After the WRBL executes a contract in accordance with the requirements of Section 432.070, RSMo, the CITY Charter and CITY Ordinances, 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.
b. The WRBL, in its sole discretion, may award additional contracts for related work or subsequent Project phases to the selected Contractor.
c. 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.
21. 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.
22. 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.
23. DISCLOSURE OF PROPRIETARY INFORMATION
a. 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:
1. marking each page of each such document prominently in at least 16-point font with the words “Proprietary Information”;
2. 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
3. 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.
b. After either a contract is executed pursuant to the RFQ/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.
c. 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.
d. 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.
24. 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 RFQ/P, Proposals submitted in response to the original RFQ/P may remain closed records until a contract is executed or all proposals submitted in response to the amended RFQ/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 RFQ/P as long as the WRBL intends to amend the RFQ/P and resolicit Proposals.
25. MBE/WBE GOALS
a. The WRBL desires that CITY certified Minority Business Enterprises (MBEs) and CITY certified Women Business Enterprises (WBEs) have a maximum opportunity to participate in the performance of WRBL contracts. The MBE/WBE participation goals for this Project are 14% MBE participation and 14% WBE participation.
b. The CITY’s CREO KC Forms and Instructions are incorporated into this Request for Proposals and the Contract Documents.
c. Please complete CREO KC Form 13: Affidavit of Intended Utilization and return with your Proposal. The City of Kansas City, Missouri has an online directory of CITY Certified MBEs/WBEs. Click on the below link or copy/paste the link into your internet browser: https://kcmohrd.mwdbe.com/FrontEnd/SearchCertifiedDirectory.asp?XID=6348&TN=kcmohrd.
Please contact the CITY’s Human Relations Department at 816-513-1836 for assistance on any aspect of the MBE/WBE program.
26. WAIVER OF MBE/WBE REQUIREMENTS
The WRBL, in its sole discretion, may waive any and all MBE/WBE requirements imposed by this solicitation and any Proposal Documents or the MBE/WBE Ordinance, and award the contract to the best Proposer if the WRBL determines a waiver is in the best interests of the WRBL.
27. ADA STANDARDS
It is the policy of the 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 selected Design Professional shall design the project so it conforms 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. The City will make available to the selected Design Professional the CITY’s ADA Compliance Manager, who can facilitate interaction with advocates in the disability community.
For persons with disabilities needing reasonable accommodations please contact Franklin Kimbrough at 816-531-4370 Ext. 2.