Lansing BWL: Kramer Management Group RFP

Page 1 of
Lansing Board of Water and Light PO Box 13007 Lansing MI 48901-3007 Purchase Order 4500027973
401545 KRAMER MANAGEMENT GROUP, INC. Attn: PETE KRAMER 1701 NOTTINGHAM ROAD LANSING MI 48911 Phone: Mobile: Fax: E-Mail: 517-719-4006 Incoterms: Payment Terms:
01/04/2011
FOB Destination and Prepaid Net due within 30 days
Show BWL purchase order number on all shipping documents, invoices and other related correspondence. Vendor must acknowledge this purchase order using the attached form.
PETE.KRAMER@KRAMERMG.COM
Purchase order line items to follow on the next page
Additional terms and conditions governing this transaction are attached to and made a part of this purchase order. Contact: Miller, Tad Phone: 517-702-6380 Mobile: Fax: 517-702-6042 E-Mail: tdm@lbwl.com
Authorized by Daniel S. MacLennan, C.P.M. Purchasing Manager
Send Invoices to: Lansing Board of Water and Light Attn: Accounts Payable PO Box 13007 Lansing, MI 48901-3007 Phone: 517-702-6188 Fax: 517-702-6183 E-Mail: BWLInvoices@lbwl.com Federal ID: 38-6005774
Page 2 of
01/04/2011
_____________________________________________________________________________________________ Ship to: Deliveries Mon-Fri 8:00 a.m.- 3:00 p.m. Lansing Board of Water and Light Receiving Phone: 517-702-6287 Purchasing and Warehousing Special Instructions: Call 1 hour in advance of delivery 1110 S. Pennsylvania Ave Lansing, MI 48912-1635 _____________________________________________________________________________________________ _____________________________________________________________________________________________
10 1,744,414 EA Furnish Owners Representative Services for the new Reo Town Plant. BWL concurs with request for Kramer Management Group to contract with Quinn Evens Architects and their legal expert Dykema PLLC exclusively for the purposes of Tax Evaluation for the Depot. All Terms and Conditions per CONSENSUSDOCS 810 Standard Form Agreement Between Owner and Owner#s Representative appended to the Request for Proposal. Delivery Date: 06/30/2014 1.00 1,744,414.00 Item Qty Unit BWL Item Description Unit Price Total Price
This Purchase Order is issued persuant to the Request for Proposal for the Reo Town Owners Representative Services, Project Number 07-031-04, dated 08/06/10.
_____________________________________________________________________________________________ _____________________________________________________________________________________________
PO Total 1,744,414.00
_____________________________________________________________________________________________
Page 3 of
01/04/2011
The Purchase Order incorporates the following documents: 1. This Purchase Order Cover Document; 2. Consensusdocs 810 (included in RFP); 3. Specification for Owner#s Representative Services dated 08/06/10; 4. RFP Addendum No. 1 dated 08/16/10; 5. RFP Addendum No. 2 dated 08/20/10; 4. Kramer Management Group Proposal dated 08/27/10. 5. CONTRACTORS Insurance Certifications; 6. Completed Purchase Order Acknowledgement.
Prior to start of Work the CONTRACTOR shall provide the following Documents to: Board of Water & Light Attn: Daniel MacLennan 1110 S. Pennsylvania PO BOX 13007 Lansing, MI 48901 Certificates of Insurance; Completed Purchase Order Acknowledgement
Send Invoices and Supporting Documents to: Board of Water & Light Attn: Dan Flynn P.O. BOX 13007 Lansing, MI 48912 The BWL Project Manager for this Project is: Dan Flynn 517-702-6510 DJF@LBWL.COM All Terms and Conditions per BWL Owners Representative Request for Proposal, dated 8/6/10. Prices per Kramers Proposal, dated 8/27/10. ALL WORK TO BE PER BWL SPECIFICATION. INSPECTION AND APPROVAL MUST OCCUR PRIOR TO PAYMENT.
August 6, 2010 NOTICE TO OFFERORS Sealed proposals will be received by the Board of Water & Light (BWL) at the office of Tad D. Miller, Senior Buyer, Material & Services Management, 1110 S. Pennsylvania Avenue, Lansing, Michigan 48912, up to 2:00 P.M. local time, Friday August 27, 2010, for furnishing: REQUEST FOR PROPOSAL OWNERS REPRESENTATIVES SERVICES MOORES PARK COGENERATION REPLACEMENT PLANT in full accordance with the enclosed Specification. Submit one (1) original signed BWL Proposal Form and four (4) copies with attachments and supplemental information. The proposal shall be marked on the outside of the cover with: a. b. c. The offerors name, The title of the Specification Attention: Tad D. Miller, Board of Water and Light, Lansing, Michigan 48912,
and delivered to the office of Tad D. Miller, Material & Services Management, Board of Water & Light, 1110 S. Pennsylvania Avenue, Bldg E, Lansing, Michigan 48912. Tad D. Miller, Senior Buyer is the designated Buyer for this Work. The BWL reserves the right to reject any or all proposals, waive irregularities or technicalities in any proposal, and accept any proposal in whole or in part, which in the opinion of the BWL, is in its best interest. All proposals will be evaluated in accordance with the BWLs Purchasing Policies and Procedures. The BWL does not limit the methods or factors to be used for evaluation. Direct all administrative questions concerning this Request for Proposal to Tad D. Miller. Direct all technical questions to: Dan Flynn 517-702-6510 djf@lbwl.com Dan Flynn is the designated BWL REPRESENTATIVE for this Work. Sincerely, BOARD OF WATER AND LIGHT Tad D. Miller Purchasing Department 517-702-6380 517-702-6042 Fax tdm@lbwl.com
INSTRUCTIONS TO OFFERORS Owners Representative Services for Moores Park Cogeneration Replacement Plant 1. THE REQUEST FOR PROPOSAL CONSISTS OF THE FOLLOWING: (a) Notice to Offerors; (b) Instructions to Offerors; (c) Specification Owners Representative Services for Moores Park Cogeneration Replacement Plant (d) Offeror Qualification Questionnaire (e) Proposal Form (f) Standard Form of Agreement Between Owner and Owners Representative; 2. GENERAL REQUIREMENTS
OFFEROR shall submit their proposal based upon the attached General Requirements. OFFEROR may request clarifications or tender exceptions to the General Requirements, however OFFEROR SHALL NOT SUBMIT ITS OWN CONTRACT TERMS AND CONDITIONS. Exceptions to the General Requirements shall be noted on the Proposal Form in the space provided. 3. OFFERORS RESPONSIBILITY
It shall be the OFFERORS responsibility to be familiar with the Proposal Documents and with the BWL, scope of work, and conditions that are likely to be encountered. OFFEROR shall visit the site and specific areas on the site wherein the Work will be performed. Any failure by the successful OFFEROR to familiarize itself with conditions likely to be encountered, to acquaint itself with the available information, or to attend any meeting of OFFERORS shall not relieve the OFFEROR from responsibility for providing the specified equipment, materials, and service. A failure to comply with this requirement does not constitute grounds for extra compensation over the pricing stated in the OFFERORS proposal. OFFEROR shall be prepared to make a presentation at the BWLs request on its proposal and to answer questions. 4. AVAILABILITY OF LABOR AND MATERIALS
The BWL will not furnish any labor, facilities, services, utilities, materials, equipment or supplies unless specifically stated in the Proposal Documents. OFFEROR shall assess and determine the availability of necessary labor and the prevailing wages applicable to that workforce. In addition, OFFEROR shall assess and determine the availability of materials and equipment necessary to fulfill the contract in a complete and timely manner. The BWL will not honor any claim for additional cost premised on the unavailability of materials or equipment, shortage of labor, or unexpected wage rates. 5. ADDENDA
The BWL will clarify any questions or correct the Request for Proposal by the issuance of an Addendum to all OFFERORS. Each OFFEROR shall acknowledge receipt of each Addendum by filling in the blank space provided on the Proposal Form. 6. PREPARATION OF PROPOSAL FORM
The Proposal Form is included in the Proposal Documents. OFFEROR shall prepare proposals and submit them as stated in the Notice to Offerors. Proposals must be prepared in full accordance with the Proposal Documents. The proposal price(s) stated on the Proposal Form must include all cost provisions of the complete Scope of Work. If the OFFEROR chooses to
Offeror Instructions 3/4/2010 Page 1 of 4
submit an alternate or take an exception to any provision contained in the Proposal Documents, the alternate or exception must be specifically stated in OFFERORS proposal, must reference the objectionable article of the Proposal Documents, and must propose alternate language or alternate Work. Any exception to the Proposal Documents, including any exception to the Supplemental Requirements or General Requirements must be raised in OFFERORS proposal, or it will not be considered. Once a purchase order has been issued, and the Acknowledgement returned, a binding contract exists between the parties and further negotiation of terms is not permitted. Proposals received after the time and date for receipt of proposals will not be accepted. The OFFEROR is responsible for timely delivery of the Proposal at the designated location and time for receipt of Proposals. The Proposal must be signed with the full name and address of the OFFEROR. Proposals received without signature will not be accepted. If the OFFEROR is a co-partnership, the firm name and signature of all parties are required. If the OFFEROR is a corporation, full corporate name, signature of authorized official is required. OFFEROR shall certify that the person who signs the proposal is empowered to do so by the corporation. Such certificate shall be up-to-date and current at time of the Proposal Form submittal. A proposal may not be modified, withdrawn or canceled unilaterally by the OFFEROR for a period of sixty (60) days following the time and date designated for the receipt of Proposals, and OFFEROR so agrees in submitting the Proposal. A proposal submission is a confirmation by the OFFEROR that it is prepared to commence and complete the various stages of the Work as described in the Proposal Documents. Expenses for developing and presenting proposals shall be the responsibility of the OFFEROR. It is the OFFERORS responsibility to ensure that no conflict of interest or other ethical concern precludes the BWL from considering OFFERORS proposal. 7. SUBSTITUTION
Under certain circumstances, the Proposal Documents may permit substitution of products. Those areas where substitution is permitted will be designated with the qualifying phrase or equal as may be approved by the BWL REPRESENTATIVE. If OFFEROR would like to substitute a product, OFFEROR must make a proposal including the products specified in the Proposal Documents AND an alternate proposal including the proposed substitution, specifically referencing any price change based on the substitution. OFFERORS proposal shall contain data to substantiate that the substitution is, in fact, equal to the products specified. Substantiating data may consist of drawings or other documents necessary or helpful to indicate any modifications resulting from use of proposed substitutions. OFFEROR bears the burden of proving that the proposed substitutions meet the quality standards established in the Proposal Documents. If OFFEROR is eventually awarded a Purchase Order, the Purchase Order will indicate whether the substitution was acceptable or whether the original product must be used. The acceptance of a substitution does not alleviate OFFEROR of any contractual responsibility. 8. INSURANCE
The certificates of insurance required by the Contract Documents must also accompany the Acknowledgment of Award. All these documents should be directed to the attention of the BWL Buyer listed on the Notice to Offerors with a copy to the person designated as BWL REPRESENTATIVE.. The purchase order number must be indicated on the Acknowledgement, bonds, and certificates of insurance. 9. EVALUATION OF PROPOSALS
All proposals will be sealed until the time and place designated on the Proposal Form. At the opening, the names of all OFFERORS will be made public. To evaluate the proposals, the BWL will consider such factors as responsiveness of proposal, price, time of completion, exceptions to the Proposal Documents, financial stability, recent and past experience and similar factors in determining which proposal it deems to be in its best interest. The BWL does not herein limit the methods or factors to be used for evaluation. The intent of the evaluation process is to choose the best-evaluated proposal. The BWL reserves the right to enter into private negotiations with the selected OFFEROR(S), for further scrutiny, even though these negotiations may result in changes to the BWL specifications or to the OFFEROR(S) services, price quotations, etc.
Offeror Instructions 3/4/2010
Page 2 of 4
The BWL may reject any Proposal, waive irregularities or technicalities in any Proposal, and accept any Proposal in whole or in part. The BWL may cancel, in whole or in part, the entire Request for Proposal at any time prior to full execution of a contract between both parties. 10. QUESTIONS, MEETING OF OFFERORS, AND ADDENDA In the beginning of the bid preparation period, the BWL REPRESENTATIVE may notify each OFFEROR of a Meeting of OFFERORS to be held at a later date, usually during the second week of the proposal preparation time. If a meeting is held, OFFERORS are required to attend the meeting to present their questions about the Proposal Documents, to receive answers to questions, to receive copies of Addenda, to participate in open discussion of the Project, and to participate in the only conducted tour of the Site. The Notice of Meeting will give complete details about the meeting and instructions regarding preparation for the meeting Changes, revisions, and corrections that may result from the discussions that occur during the Meeting of OFFERORS will be confirmed by the issuance of an Addendum. Suggestions of topics for the Meeting agenda should be directed to the person designated on the Notice to Offerors. 11. CONTRACT PRICE The contract price shall be equal to the proposal price adjusted to any price changes as agreed upon in writing by the OFFEROR and the BWL. The contract price may be modified via a change order upon mutual agreement of both parties. 12. EXECUTION OF ACKNOWLEDGMENT OF AWARD The successful OFFEROR shall, within twenty-four hours after issuance of the Purchase Order, return the properly executed Acknowledgment of Award to the person designated on the Notice to Offerors. OFFEROR shall certify that the person who signs the Acknowledgment is empowered to do so. Upon execution, an agreement will be deemed consummated and the Contract Documents, as specified in the Supplemental and General Requirements shall constitute the full and binding agreement between the parties. If the properly executed Acknowledgement, along with any required bonds and insurance certificates, are not returned within five (5) calendar days, the BWL may deem the Purchase Order rejected and offer the Purchase Order to another OFFEROR without penalty. 13. CONFIDENTIALITY All complete, in-process or conceptual work are the sole property of the BWL and may not be used without the consent of the BWL. Any product used, such as, drawings and specifications, photos, campaigns, drafts, etc. are the sole property of the BWL. All BWL information will be kept confidential at all times. The OFFEROR shall not disclose to others, without the written consent of the BWL, any information concerning the service provided, the organization, its personnel, or its activities, which the OFFEROR may obtain as a result of, or in connection with the performance of the services. 14. FREEDOM OF INFORMATION ACT (FOIA) The BWL is subject to the Freedom of Information Act (MCL 15.231 et seq.). The BWL may be required to make available certain information submitted with your bid or proposal available to the public if requested. This information may include comparative pricing and other data which the OFFEROR may normally consider to be proprietary or confidential. If the OFFEROR submits any information it deems to be exempt from FOIA requirements, the OFFEROR shall clearly mark it as such. 15. LOCAL PREFERENCE Businesses with an office in the BWL service area shall be given the following advantage when the BWL receives a sealed proposal: (a) After the proposals are evaluated and the best-evaluated proposal is selected, the BWL shall determine whether the best-evaluated OFFEROR is a Local business. (b) If a Local business was not selected as the best-evaluated OFFEROR due entirely to its proposal price being higher than the price of the best-evaluated proposal, the BWL shall determine whether the bestevaluated Local businesss proposal was within 5% of the proposal price of the best evaluated proposal. If so, this Local business shall then have the opportunity to reduce its price to match the price of the
Page 3 of 4
original best-evaluated OFFEROR, and upon such agreement, shall be deemed the best-evaluated proposal. (c) If more than one Local business is within 5% of the price of the best-evaluated proposal and is otherwise equal to the best-evaluated proposal, and the Local business identified in (b) refuses to lower its proposal price, the same opportunity shall be afforded to the other qualifying Lansing-based businesses, in order of ascending price. If no Lansing-based business agrees to the conditions described above, the contract shall be awarded to the person or business originally deemed the best-evaluated OFFEROR. 16. SAFETY Unless excepted in the Proposal, and accepted by the BWL, all OFFERORS will be required to comply with the BWLs Safety Manual. All OFFERORS should read and understand the BWL Safety Manual before submitting a Proposal. The BWL Safety Manual can be found on the BWLs website, http://www.lbwl.com by selecting first Business Services and then Doing Business with BWL. END OF INSTRUCTIONS TO OFFERORS
Page 4 of 4
Lansing Board of Water and Light
REQUEST FOR PROPOSAL (RFP) FOR OWNERS REPRESENTATIVE SERVICES For
Moores Park Cogeneration Replacement Plant

August 6, 2010
BWLO.R.RFPRev.8/05/10 Page1of18
TABLE OF CONTENTS
Section I Section II Section III Section IV Section V
Introduction Proposal Preparation Scope of Services Proposal Evaluation General Requirements
Attachments: 1. Standard Agreement ConsensusDOCS 810
Section I: Introduction The Lansing Board of Water and Light (BWL or Owner) is the largest municipally owned utility company in Michigan. Unlike most utilities, the BWL was created by Lansing citizens in 1885 because the Citys residents decided that the benefits of electricity and safe public drinking water were too important to be trusted to anyone except the citizens themselves. So they created a publicly owned utility to provide these services. As a public power utility the BWL is owned by its customers. While many utilities are investor-owned and managed to deliver profits into the pockets of stockholders, the BWL is managed to return value and benefits to the people it serves. With a focus on providing our customers with reliable and affordable electricity, water, steam and chilled water, we take our mission seriously. The BWL has approximately 100,000 electric customers, owns seven coal fired electric generating units capable of 500 megawatts (MW) of generating capacity, and is a leader in renewable energy and energy efficiency programs. The BWL has 55,000 drinking water customers throughout the Lansing metropolitan area. In order to meet the needs of theses customers, the BWL pumps, treats, and distributes approximately 8 billion gallons of award winning water annually through two treatment facilities. Downtown Lansing is served by the BWLs central steam loop and has approximately 225 customers who consume approximately 800,000 Mbls of steam annually. The BWL also maintains a downtown Lansing chilled water loop and a chilled water facility capable of producing 8,000 tons of chilled water per hour. The BWLs facilities consistently rate high in industry reliability and availability statistics. This reliability enables the BWL to efficiently deliver utility services and provides competitive economic development advantages to our community. Our continued ability to provide reliability and affordability is the basis for this project. Much of the BWLs electric generation and all of its steam production come from its Eckert/Moores Park facility. Eckert consists of six pulverized coal electric generating units and Moores Park consists of four coal fuel stoker boilers. Three of the Eckert generating units and three of the Moores Park units are over half a century old and face new environmental requirements, as well as increased operational and maintenance costs. The BWL anticipates that it will need to commence retirement of the Moores Park units in 2014 and some of the Eckert units shortly thereafter. Based upon the condition of the Moores Park units, the investment needed to keep the units operational, and new environmental regulations, the BWL has decided to replace Moores Park with a new gas fired combined cycle cogeneration plant. The BWL has internal resources capable of performing selected design and project management responsibilities, but is interested in retaining the services of a professional owner's representative to assist in bringing industry standard practices to the development of this new plant. The BWL intends to enter into a contract with the selected Respondent. The contract will consist of this Request for Proposal, Consensus Construction Agreement (which is attached), the selected Respondents proposal and any additional terms and conditions negotiated between the BWL and the selected Respondent.
1.1
Summary
Proposals must be received via sealed envelope prior to bid opening
Due Date Location:
ATTN:
2:00 PM EST, August 27, 2010. Lansing Board of Water and Light 1110 S. Pennsylvania Avenue, Bldg E Lansing. MI 48912 Tad D. Miller
Late responses will not be considered. Bid opening will occur shortly after 2:00 PM EST, on August 27, 2010. Bidders should check-in at the information desk at the above address.
1.2
Purpose of this Request for Proposal
The purpose of this Request for Proposal (RFP) is to evaluate and select an Owners Representative (OR) to assist the Owner in the performance of its obligations and enforcement of its rights during the construction of the: Project: Location: Moores Park Cogeneration Replacement Plant 1203 South Washington Avenue, Lansing, Michigan
The Owners Representative shall work with the Owners Project Manager, the Architect/Engineer (A/E) design team(s), related consultants and vendors, and the construction contractor(s) to administer the design and/or construction contract(s) on behalf of the Owner to assure that the Project is designed and constructed in accordance with the BWL Program Requirements and the Contract Documents and that the Project is completed on schedule, on budget and to a level of quality commensurate with the Owners requirements. OR services shall be provided more specifically as described in Section II, and also as referenced in the Standard Form of Agreement between Owner and Owner's Representative (ConsensusDOCS 810). 1.3 General Description of Project
The Board maintains a central steam distribution system that serves approximately 225 customers in approximately 80 square blocks of downtown Lansing. Annual steam consumption by the Boards customers is approximately 800,000 pounds of steam, with a peak demand of approximately 300,000 pounds per hour. The Board supplies steam from its Moores Park facility, which consists of four coal fired boilers. Three of the units entered service in 1955 and the third went into service in 1967. The Moores Park Cogeneration Replacement Plant will replace the steam production capability of the current Moores Park facility with a new natural gas combined cycle cogeneration facility. The new facility will consist of two combined cycle sets, each set consisting of a combustion turbine of approximately 44
megawatts, a heat recovery steam generator, and a steam turbine of approximately 10 megawatts. The new facility will also consist of an auxiliary boiler to provide backup steam service in the event that one of the combined cycle units is out of service. In addition to replacing the steam production from Moores Park, the new facility will supply approximately 108 megawatts (gross generating capability) of natural gas electric generating capability to the Boards electric system. The electric plant will include a substation interconnected to the BWLs 138 Kv system. The project will also include a 40,000 square foot office complex integrated into the combined heat and power facility and renovation of a 4,200 square foot railroad station constructed in 1904. Upon successful startup of the new facility, the project will include demolition of the existing Moores Park facility. 1.4 Project Budget and Fees
The estimated total Project cost is $182,000,000. This cost includes: all professional consultants, Architect/Engineer and Owners Representative fees and reimbursable expenses, site investigations and surveys, hazardous materials removals design and abatement, building and site construction, project management and fees, construction inspection and testing, furniture, fixtures and equipment, contingencies, and inflation factors. 1.5 Schedule
The Owners Representative services are anticipated to begin in September 2010, and be completed within approximately 24 months. Construction is planned to begin in the 2nd qtr 2011 with completion anticipated within 18 months. This schedule; however, is dependent on timely receipt of all necessary approvals and regulatory permits. 1.6 Procurement Timetable:
The following is the BWL's intended schedule for the Owners Representative RFP procurement process. The BWL reserves the right to modify this schedule as necessary. . RFP Release Date RFP Response Submission Deadline & Bid Opening 2:00PM EST. Evaluation of submitted proposals by Owner Evaluation Committee Anticipated Owners Representative Contract Award Date August 6, 2010 August 27, 2010 September 3, 2010 September 10, 2010
Section II: Proposal Preparation 2.1 General Information
Proposals must be clear, concise, and clearly follow the format detailed in this RFP. Proposals that are difficult to follow or that do not conform to the RFP format or binding specifications may be rejected. Respondents must include required information called for in this RFP. The Owner reserves the right to reject a proposal if required information is not provided or is not organized as directed. The Owner reserves the right to change the evaluation criteria or any other provision in this RFP provided all vendors are notified of the change. This request for proposal does not obligate the Owner to award a contract or complete the project, and the Owner reserves the right to cancel the solicitation if it is considered to be in its best interest. 2.1.1 This document, including attachments, constitutes a formal Request for Proposal (RFP) and is a competitive procurement. Therefore the Respondent shall carefully follow the instructions herein in order to be considered fully responsive to the RFP. The Owner reserves the right to reject a proposal that is determined to be incomplete or which does not follow the required structure and format. However, when such statements, omissions or deviations are innocent or inadvertent in the opinion of the Owner, the Owner further reserves the right to waive them as informalities. 2.1.2 Proposals are to be sealed in mailing envelopes or packages with the Responders name and address clearly written on the outside. The proposal must be signed in ink by an authorized member of the company. Proof of authority of the person signing shall be furnished upon request. Prices and terms of the proposal as stated must be valid for the length of any resulting contract. All costs incurred by a Responder in replying to this RFP shall be borne by the Responder. Proposals made in pencil shall be rejected. Alterations in cost figures used to determine the lowest priced proposal shall be rejected unless initialed in ink by the person responsible for or authorized to make decisions as to the price quoted. Proof of authorization shall be provided upon request. The use of white out is considered an alteration. 2.1.3 Not withstanding anything to the contrary, the Owner reserves its right to: 1. Reject any and all proposals received in response to this RFP. 2. Select, for contract negotiation, a proposal other than the one with the lowest cost. 3. Waive or modify any informalities, irregularities, or inconsistencies in proposals received and/or accept a late written modification requested by the Owner if the proposal itself was submitted on time and if the modified proposal is more favorable to the Owner. 4. Approve sub-consultant(s) used by a Respondent. 5. Negotiate any aspect of the proposal with any Respondent. 6. If negotiations fail to result in an agreement, terminate negotiations and select the next most responsive Respondent, prepare and release a new RFP, or take such other action as the Owner deems appropriate. 7. The Owners evaluation process may include interviews with one or more Respondents who have been short listed after review of proposal documents. 2.1.4 Any verbal explanations of instructions or discussion of any aspect of this RFP provided the Respondent before the award of a contract shall not be binding. Respondents with questions
regarding this Request for Proposal must submit them in writing by regular or electronic mail (do not fax) to: Name: Tad D. Miller Title: Senior Buyer Post Office Address (for US Mail): P.O. Box 13007, Lansing, MI 48901 Physical Address (for UPS or FED-EX): 1110 S. Pennsylvania Avenue, Lansing, MI 48912 Email: tdm@lbwl.com Phone: 517-702-6380 2.1.5 Responders may propose additional tasks, activities, or alternative suggestions if they will substantially improve the results of the project. 2.2 Contacts Requests for information or clarification by Respondents must be received no later than August 20, 2010. Written questions or communications with the Owner regarding this RFP must be submitted in sealed envelopes or via email. Questions must include the name of the questioner, as well as a phone number, mailing address, and e-mail address for confirmation. Note that both questions and answers will be distributed to all Respondents on the Owners official Respondent list and anonymous questions will not be answered. All communication must clearly state the appropriate RFP reference (i.e. subject plus page and section numbers) and must generally state the contents of the communication (for example, RFP Questions) on the outside of the envelope or at the top of the email. Any envelope or email not carrying this designation will be assumed to be general mail, and may not receive priority attention. If appropriate, a change responding to such a request may be issued by the Owner in the form of an addendum to the RFP. No other communications shall be of any effect in changing or amending this RFP. From the date of release of this RFP until a Respondent is selected and a contract executed, Respondents must not communicate with the Owners staff concerning the RFP except through the Owner Contact pursuant to the procedure described in the RFP. If any Respondent attempts any unauthorized communication, the Owner may reject that Respondents proposal.
2.3
Proposal Delivery
All proposals must be sent to and received by: Location: Lansing Board of Water and Light 1110 S. Pennsylvania Avenue, Bldg E Lansing. MI 48912 Tad D. Miller
ATTN:
In order to be considered for selection, sealed proposals must be received at the address identified above and time stamped by the Owner no later than 2:00 PM EST, August 27, 2010. Submission by fax, email or other electronic transmission is unacceptable and proposals submitted by these means will not be considered. The Owner assumes no responsibility for delays in the US mail or courier systems, or because of weather. A Respondent's response received after the deadline will not be accepted or considered. Receipt by the Owner of a proposal received after the closing date and time as stated herein shall not be construed as acceptance of the proposal. Late proposals will be logged as to date/time received and thereafter returned to the late Respondent. If delivery of the proposal is not made by courier or in person, the use of certified or registered mail is suggested. Note: Use of certified or registered mail does not relieve the Respondent of the responsibility ensure the proposal is date/time stamped as specified above.
2.4
Quantities
Each Respondent shall provide, on 8 x 11 inch paper, one (1) signed original copy of its entire submission including all attachments. In addition, all Respondents shall submit five (5) identical copies of its proposal with duplicate signatures and all attachments. 2.5 Duration of Offer
Proposals submitted in response to this solicitation are irrevocable for 60 days following the due date of the proposals. This period may be extended by written agreement between Responder and the Owner. 2.6 Transmittal Letter
The Transmittal Letter for each Respondents proposal must be submitted on its official business letterhead. The letter shall transmit the proposal, identify all materials and enclosures being forwarded collectively as a response to this RFP, and must be signed by an individual authorized to commit the Respondent to the scope of work proposed.
2.7
Proposal Content
The following is considered minimum contents of the proposal: 2.7.1 A restatement of the objectives, goals, and tasks to show or demonstrate the Responders view of the nature of the project. 2.7.2 Identification and description of the services to be provided by the Responder. 2.7.3 An outline of the Responders background and experience with particular emphasis on demonstrating relevant experience with projects similar in location, size, complexity, and type.
Identification of personnel to conduct the project, with details on their relevant experience. No change in personnel assigned to the project will be permitted without the approval of the Owner. 2.7.4 A detailed cost and work plan that will identify the major tasks to be accomplished and be used as a scheduling and managing tool, as well as the basis for invoicing. Include in the proposal your anticipated staff commitments and billing structure for each of the phases outlined in section 3 of this RFP. Use an easily interpreted method for identification of estimated costs for proposed services. 2.7.5 Any requested modifications to the terms and conditions of the Agreement. 2.7.6 Responder must acknowledge that upon award of this contract, and to preserve objectivity in representing the Owner, the Owners Representative, its affiliates, and subsidiaries agree not to be allowed to directly bid on or perform any construction trade work, or subcontract construction trade work related to the Project, and shall not have any financial interest in the performance of such work by others. Section III: Scope of Services 3.1 The Owner's Representative's services shall be provided in accordance with the Standard Agreement between Owner and Owner's Representative, ConsensusDOCS form 810 provided in this RFP as Attachment 1, portions of which are included below. 3.2 The standard of care for Services performed under this Agreement shall be the care and skill ordinarily used by owner's representatives, or project administrators, practicing under similar conditions at the same time and locality. 3.3 The Owner's Representative's Services may be provided in one or more phases as outlined below. Portions of each phase may commence before the previous phase is completed, in which case both phases may proceed concurrently. The Phases of the Owner's Representative's Services shall include: 3.3.1 Project Initiation Phase: The Project Initiation Phase includes the development of the Owner's Program and the review of the Project's feasibility based on the Owner's Program and other relevant information, as further detailed in Paragraph 3.5. 3.3.2 Project Design Phase: The Project Design Phase includes Services during the development of the Project design and specifications through the preparation of construction documents for the Project, as further detailed in Paragraph 3.6. 3.3.3 Project Construction Phase: The Project Construction Phase commences upon the issuance of a written notice to proceed to the Owner's Contractor(s) to proceed with the construction of the Project, and includes Services as further detailed in Paragraph 3.7. 3.3.4 Project Close-Out Phase: The Project Close-Out Phase commences when the Project, or a designated portion, achieves Substantial Completion, and continues through Final Completion, and includes Services as further detailed in Paragraph 3.8.
3.4 Owners Representative's General Responsibilities The Owner's Representative shall: 3.4.1 Serve as the contact for all communications between the Owner and its Architect/Engineer, Contractor(s) and consultant(s) including requests for information from or for actions by the Owner; 3.4.2 Maintain a copy of all Project documents and contract documents, including change orders and interim directed changes, for each of Owner's Contractor(s) on the Project, as well as meeting minutes, shop drawings, submittals, drawings and specifications, product data and applications for payment. 3.4.3 Perform on-site observations of the progress and quality of the Project so as to be able to report to the Owner on the progress and quality of the Work being performed and the services provided by all Project participants; 3.4.4 Attend Project meetings and report to the Owner on the proceedings. 3.5 Project Initiation Phase Services During the Project Initiation Phase, the Owner's Representative shall provide the following Services: 3.5.1 Review with the Owner the Project goals, objectives, constraints and relationships. 3.5.2 Assist the Owner in refining and clarifying the Owner's Program and Budget Requirements. 3.5.3 Assist the Owner in site selection and/or use of existing facilities. 3.5.4 Prepare cost estimates and/or review cost estimates prepared by others, provide a recommendation regarding such to the Owner and act upon any directive received from the Owner concerning such cost estimates. 3.5.5 Prepare preliminary Project schedule and/or review the preliminary Project schedule prepared by others, provide a recommendation regarding such to the Owner and act upon any directive received from the Owner concerning such preliminary Project schedule. 3.5.6 Assist the Owner in the procurement of the Architect/Engineer, Contractor, and other consultants retained by the Owner and types of agreements to be used between the Parties. Provide advice regarding overall delivery model for the Project. 3.5.7 Review with the Architect/Engineer, Contractor and other consultants their understanding of the Owner's Program and other relevant data, assist them in determining the requirements of their services under their Agreements with the Owner and report to the Owner any outstanding issues. Assist the Owner with all negotiations related to the Agreements entered into by their consultants and contractors. 3.5.8 Assist as requested by the Owner with filing required documents with governmental authorities having jurisdiction over the Project, including necessary permits.
3.5.9 Review and assist in the development of Project quality level guidelines. 3.5.10 Review and assist in the development of Project management information systems and reporting procedures attend meetings and monitor the compliance and completion of assigned responsibilities. 3.5.11 Assist the Owner in the development of a Labor Management Cooperation Plan. 3.6 Project Design Phase Services provide the following Services: During the Project Design Phase, the Owner's Representative shall
Project Delivery System & Document Review 3.6.1 Assist the Owner in the selection of the type(s) of project delivery system(s) to be used for the Project including any phasing requirements and separate bid packages. 3.6.2 Receive and review the Architect/Engineer's schematic design, design development and construction documents, provide recommendations to the Owner and act upon any directive received from the Owner concerning these documents, including communicating Owner's approval to the Architect/Engineer. 3.6.3 Monitor quality level guidelines during the design process 3.6.4 Review errors or omissions discovered in the drawings and specifications, review such with the Architect/Engineer and provide recommendations to the Owner and act upon any directive received from the Owner. 3.6.5 Review recommendations concerning constructability issues, material availability or value engineering, review with the Architect/Engineer and Contractor and provide recommendations to the Owner and act upon any directive received from the Owner. 3.6.6 Review the general and/or supplementary conditions for the Project, provide recommendations to the Owner and act upon any directive received from the Owner including communicating Owner's approval. Budget and Schedule 3.6.7 Prepare updated budget and schedule and/or review any updated budget and schedule prepared by others upon the completion of schematic design, design development and construction documents, provide recommendations to the Owner and act upon any directive received from the Owner concerning such updated budget and schedule, including communicating Owner's approval to the Architect/Engineer and others. 3.6.8 Prepare budgets for changes including alternate costs and/or review budgets for changes including alternate costs prepared by others, provide recommendations to the Owner and act upon any directive received from the Owner including communicating Owner's approval. 3.6.9 Prepare schedule for procurement of long-lead time items and/or review schedule(s) for procurement of long-lead time items prepared by others which will constitute part of the Work as required to meet the Schedule of the Work provide recommendations to the Owner and act upon
any directive received from the Owner including communicating Owner's approval. Assist in the negotiations of Owner direct purchases during design phase. Bidding and Award 3.6.10 Assist the Owner in the development of bid strategies and prequalification criteria and the selection process for contracting with the Contractor(s), Subcontractors and Material Suppliers. 3.6.11 Receive from the Contractor(s) a list of possible Subcontractors and Material Suppliers from whom proposals may be requested for each principal portion of the Work, provide recommendations to the Owner and act upon any directive received from the Owner including communicating Owner's approval of or objection to a specific Subcontractor. 3.6.12 Work with the Architect/Engineer and/or others to obtain bids or negotiate proposals from Contractor(s), attend pre-bid or pre-award meetings and review bids or negotiated proposals including proposed subcontractors and material suppliers, provide recommendations to the Owner and act upon any directive received from the Owner. 3.6.13 Receive and review Contractor's(s') proposed superintendent(s) and project managers, engineers, and start up personnel. Provide a recommendation to the Owner and act upon any directive received from the Owner. 3.6.14 Work with the Architect/Engineer and others to make necessary modifications to construction documents in the event the Owner elects not to accept the lowest bona fide bid or negotiated proposal, provide recommendations to the Owner and act upon any directive received from the Owner. 3.6.15 Review Contractor's(s') compliance with insurance and bonding requirements. 3.6.16 Consult with the Contractor(s) regarding equal employment opportunity and affirmative action programs. 3.6.17 Assist the Owner in the preparation and award of the Owner and Contractor's agreement(s). 3.6.18 Review Project management information systems and reporting procedures. 3.7 Project Construction Phase Services During the Project Construction Phase, the Owner's Representative shall provide the following Services: Commencement and Progress of the Work 3.7.1 Issue written notices to the Contractor(s) to proceed with the Work. 3.7.2 With the Architect/Engineer and others, review the Contractor's(s') schedule of values to determine its accuracy and sufficiency. 3.7.3 Work with Contractor(s) to coordinate work performed by the Owner with the activities of all forces at the Worksite and agree upon fair and reasonable schedules and operational procedures, and monitor and review progress reports.
3.7.4 Receive and review the Architect/Engineer's and others' recommendations regarding Contractor(s) submittals, including shop drawings, product data and samples, provide recommendations to the Owner, and act upon any directive received from the Owner, and continues through Final Completion, and includes Services as further detailed in Paragraph 3.8 3.7.5 Accompany the Architect/Engineer and others on visits to the Worksite as required by agreement with the Owner, review the Architect/Engineer's Worksite visit reports, and, as needed, provide Owner with recommendations in response to such reports. 3.7.6 Review and monitor the Schedule of the Work. 3.7.7 Receive and review Contractor's(s') notice of delays in the progress of the Work and Contractor's(s') delay claims, provide recommendations to Owner and act upon any directive received from the Owner. Defective Work, Correction and Testing 3.7.8 Receive and review all notices of defects in the Work, provide recommendations to the Owner and act upon any directive received from the Owner. 3.7.9 With the Architect/Engineer and others, advise Contractor(s) of Defective Work to be corrected. 3.7.10 Advise and provide a recommendation to the Owner regarding Work that may need to be uncovered for inspection, and act upon any directive received from the Owner including directing Contractor(s) to uncover Work for inspection. 3.7.11 Receive and review Architect/Engineer's and others' recommendations regarding needed testing or inspection procedures for the Work, provide recommendations to the Owner and act upon any directive received from the Owner including communicating Owner's approval to the Architect/Engineer. Changes and Claims 3.7.12 Receive and review Contractor's(s') request for changes in the Work or claims related to the Project. 3.7.13 Work with the Architect/Engineer and others to review and process Contractor's(s') requests for changes in the Work or claims related to the Project, advise the Owner of the Architect/Engineer's and others' recommendations, provide recommendations to the Owner and act upon any directive received from the Owner, including communicating Owner's approval to the Architect/Engineer and others and Contractor's(s'). Safety 3.7.14 Receive and review any reports of safety violations on the Worksite, provide recommendations to the Owner and act upon any directive received from the Owner including directing Contractor(s) to stop performance of the Work or take corrective measures. 3.7.15 Receive and review Contractor's(s') reports of recordable accidents and injuries occurring at the Worksite.
Hazardous Materials 3.7.16 Receive and review Contractor's(s') reports of hazardous material discovered at the Worksite, provide a recommendation to the Owner regarding such and act upon any directive received from the Owner. 3.7.17 Assist Owner in retaining an independent testing laboratory to determine the nature of suspected hazardous materials encountered at the Worksite. Payment 3.7.18 Receive and review applications for payment and forward same to Owner with a recommendation for action, including amount due, adjustments to the payment application and any bases for withholding payment. 3.7.19 Receive and retain all Contractor's(s') partial lien and claim waivers for each progress payment as required in the Contractor's(s') agreement with the Owner. 3.7.20 Notify Owner and responsible Contractor(s) of liens filed against the Project and ensure that Contractor(s) cause the removal of any liens as required by their agreement with the Owner. Substantial Completion 3.7.21 Participate in inspections to determine whether Substantial Completion has been achieved by Contractor(s) and assist in preparation of list of items to be completed or corrected in order to achieve Final Completion. 3.7.22 Receive and review Contractor's(s') proposed certificate of Substantial Completion, provide recommendation to Owner and act upon any directive received from the Owner including communicating Owner's approval. 3.8 Project Close-Out Phase Services During the Project Close-Out Phase, the Owner's Representative shall provide the following Services: 3.8.1 Receive and review all documentation required of Owner's Architect/Engineer, and Contractor(s) in order to achieve Final Completion and receive final payment. 3.8.2 Participate in any dispute resolution proceedings instituted by the Architect/Engineer, Contractor(s) or consultants. 3.9 Historical Building and Site The Owners Representative shall provide the following services: 3.9.1 Describe the process required to qualify the building and proposed work for state and federal historical preservation tax credits. 3.9.2 Owners Representative shall tour the historical depot and site; provide an analysis describing the expected impact of designing the project incompliance with the Secretary of the Interiors Standards for Rehabilitation, so that the completed project can qualify for state and federal historic preservation standards.
3.9.3 Owners Representative shall propose alternative ownership structures to facilitate the use of state and/or federal historic preservation tax credits by the owner. 3.9.4 Owners Representative shall describe the potential economic benefit to the project of state and federal historic preservation tax credits.
Section IV: Proposal Evaluation Selection 4.1 General
All proposals received by the deadline noted above will be evaluated by an Evaluation Committee. It is anticipated that the evaluation and selection will be completed by September 10, 2010. Factors on which proposals will be judged include, but are not limited to: 4.1.1 Completeness, detail, and thoughtfulness of response as reflected by proposal coverage of all elements of work listed in Section III. 4.1.2 4.1.3 4.1.4 Experience of the proposing Respondent. Approach and special services, benefits, or advantages to the Owner. Cost in relation to level of service to be provided.
Section V: General Requirements 5.1 Owner's Right to Amend RFP
The Owner reserves the right to amend any segment of the RFP prior to its announcement of a successful Respondent and award of contract. If a change occurs in Owners requirements resulting in a decision to modify the RFP scope of work or statement of requirements, such change will be communicated in writing as an addendum to the RFP provided to all prospective Responders on the official Respondent list. In such an event of a change, all Respondents will be afforded the opportunity to revise their proposals to accommodate the RFP amendment. Any addenda to this RFP will be sent by the Owner to Respondents by mail or email. Respondents will be responsible for meeting the requirements of all addenda and will be required to acknowledge receipt of all addenda on the RFP proposal form. To receive addenda and other information pertaining to this RFP, all Respondents must ensure they are on the Owners official lists of Respondents and must designate a single mailing and / or email address for all such mailings. 5.2 Disposition of Responses
All materials submitted in response to this RFP will become property of the BWL and will become public
record after the evaluation process is completed and an award decision is made. 5.3 Form of Contract between Owner and Owners Representative
As noted above, the Contract between the Owner and Owners Representative will consist of the following: this RFP, Selected Proposal, the ConsensusDOCS Standard Form of Agreement between Owner and Owner's Representative Form 810 as attached to this RFP, and any additionally negotiated terms and conditions. 5.4 Preference to Local Businesses and Personnel
In accordance with the BWL procurement policy's, preference may be granted to businesses located within the service area of the BWL. Such preference shall be at the sole discretion of the BWL. 5.5 Insurance Requirements
Listed below are the insurance requirements of the BWL. Owners Representative shall not commence Work under the Contract until it has obtained all insurance required herein and such insurance has been approved by the Owner. Owners Representative shall procure and maintain, for the life of the Contract, and for as long as required herein, insurance policies, including any amendments or additional insurance required, which meet or exceed the requirements as follows: 5.5.1 Commercial General Liability Insurance on an occurrence basis. This coverage shall include Personal Injury, Contractual Liability, and Products/Completed Operations insurance. The limit of liability shall be at least $1,000,000 combined single limit for bodily injury and property damage, with a $2,000,000 general aggregate and $2,000,000 limit for Products/Completed Operations. There shall be no exclusion for work within any distance of railroad property. There shall be coverage for explosion, collapse, and underground hazards (x, c, & u coverage). 5.5.2 Automobile liability insurance that complies with the requirements of the Michigan Nofault law and with a residual liability limit of at least $1,000,000 combined single limit for bodily injury and property damage. There shall be coverage for owned, hired, and non-owned vehicles. 5.5.3 Workers compensation insurance that meets the statutory requirements for the State of Michigan. The insurance shall also include Employers Liability Insurance with a limit of $1,000,000 each accident, $1,000,000 bodily injury by disease per employee, and $1,000,000 bodily injury by disease policy aggregate. 5.5.4 Excess or umbrella liability insurance with a limit of at least $5,000,000. 5.5.5 Professional Liability Insurance with a limit of at least $1,000,000. Owners Representative shall name the the Owner, the Owner's officers, directors, members, consultants, agents and employees and the Owners Architect/Engineer, as additional insureds on all liability coverage other than the workers compensation coverage and professional liability coverage.
In addition, the following coverage and conditions are included: Owners Representatives policy(ies) shall be primary insurance to any other valid and collectible insurance available to the BWL with respect to any claim arising out of Owners Representative 's performance under this Contract; Owners Representative will provide the BWL with thirty (30) days advance notice of cancellation, non-renewal, or reduction in limits of coverage or other material change; Owners Representative is responsible for payment of contract related insurance premiums and deductibles; and If Owners Representative is self-insured, a Certificate of Self-Insurance and evidence of State of Michigan approval must be attached; Obtain insurance policies from an insurance company having an AM BEST rating of A- (minus); Financial Size Category (FSC) VII or better and must be authorized to do business in the State of Michigan. In the event that the Owner elects to go with an Owner Controlled Insurance Plan for workers compensation insurance or Owners and Contractors Protective (OCP) Liability insurance for this project, OR shall modify its coverage and fees appropriately. In case any work is subcontracted, the OR shall require the Subcontractor to provide workers compensation insurance and all other insurance to be provided on the same basis and limits as cited in this section. 5.6 COMPLIANCE WITH LAWS
In performing these services, OWNERS REPRESENTIVE shall comply with all applicable laws, rules, and regulations, including but not limited to, the Michigan Workers Compensation Act, federal and state tax laws, and the City of Lansings Ethics Ordinance. OWNERS REPRESENTIVE IS NOT ENTITLED TO UNEMPLOYMENT INSURANCE OR WORKERS COMPENSATION BENEFITS. OWNERS REPRESENTIVE IS SOLELY LIABLE TO PAY FEDERAL AND STATE INCOME AND WITHHOLDING TAXES ON ANY MONEYS EARNED FOR SERVICES RENDERED TO THE OWNER. OWNERS REPRESENTIVE certifies that it has complied, and during the term of this agreement will comply, with the Immigration Reform and Control Act of 1986. The OWNER is exempt from state sales tax and federal excise tax, unless otherwise indicated in the bid or proposal documents. Federal ID# 38-6005774. 5.7 NONDISCRIMINATION
OWNERS REPRESENTIVE agrees not to discriminate against an employee or applicant for employment with respect to hire, tenure, terms, conditions, or privileges of employment, or a matter directly or indirectly
related to employment, because of race, color, religion, national origin, age, sex, height, weight, or marital status. A breach of this covenant may be considered a material breach of contract. 5.8 SITE SECURITY AND SAFETY COMPLIANCE
While on OWNER property, OWNERS REPRESENTIVE, its agents, employees or subcontractors shall conform in all respects with all OWNER physical, fire, or other security policies or regulations. In addition, in performing all services pursuant to this agreement, OWNERS REPRESENTIVE agrees to comply with all federal, state, local, and OWNER safety rules and regulations (www.lbwl.com/SafMan/default.htm), including MIOSHA Right to Know obligations, MCL 408.1001 et seq. 5.9 RIGHT TO AUDIT RECORDS AND INSPECT WORKSITE
The OWNER may, at reasonable times, inspect the place of business or worksite of an OWNERS REPRESENTIVE or subcontractor, which is pertinent to the performance of any contract awarded or to be awarded by the OWNER. The OWNER shall be entitled to audit the books and records of an OWNERS REPRESENTIVE or subcontractor under any OWNER contract or subcontract to the extent that such books, documents, papers and records are pertinent to the performance of such contract or subcontract. The OWNERS REPRESENTIVE shall maintain such books and records for a period of three years from the date of final payment under the prime contract and by the subcontractor for a period of three years from the date of final payment under the subcontract.
OFFEROR QUALIFICATION QUESTIONNAIRE
Provide responses to the following questions: How many years has your firm been in business under the present ownership? Have you done business with the Board of Water and Light? If so, furnish specifics. Have you done business with the City of Lansing? If so, furnish specifics. Have you ever defaulted on a contract or been involved in litigation with the Board of Water and Light or the City of Lansing? If so, furnish specifics. Have you ever defaulted on a contract or been involved in litigation with any other client in the past five years? If so, furnish specifics. List any relationships between your firms staff and any current BWL employee. Specify your background, training, experience, credentials and other factors which qualify you to perform the work described in the Scope of Work included in this Request for Proposal. List at least three (3) references for similar work you have performed for other clients. Include Client name, contact name, title and phone number. List subcontractors that you plan to use on this project. Indicate any exceptions to the enclosed General Requirements. Include any additional information you may deem helpful in evaluating your proposal.
BOARD OF WATER AND LIGHT LANSING, MICHIGAN PROPOSAL FORM DATE: NAME OF RESPONDER: NAME OF PERSON PREPARING PROPOSAL: The following pricing is submitted in accordance with the Owners
REQUEST FOR PROPOSAL OWNERS REPRESENTATIVES SERVICES MOORES PARK COGENERATION REPLACEMENT PLANT
dated August 6, 2010, including Addenda No. _________, _________, _________, _________. All questions must be answered and the data given must be clear and comprehensive. This statement must be notarized. Questions may be answered on separate attached sheets if space requires, each containing responders name. 1. Additional Information The Respondent shall attach separate pages addressing each of the following requirements. The separate sheets shall be deemed to be an integral part of the proposal form and information contained shall be under the signature of person signing the Proposal From. a. b. c. A restatement of the objectives, goals, and tasks to show or demonstrate the Responders view of the nature of the project. Identification and description of the services to be provided by the Responder. An outline of the Responders background and experience with particular emphasis on demonstrating relevant experience with projects similar in location, size, complexity, and type. Identification of personnel to conduct the project, with details on their relevant experience. No change in personnel assigned to the project will be permitted without the approval of the Owner. A detailed cost and work plan that will identify the major tasks to be accomplished and be used as a scheduling and managing tool, as well as the basis for invoicing. Include in the proposal your anticipated staff commitments and billing structure for each of the phases outlined in section 3 of this RFP. Use an easily interpreted method for identification of estimated costs for proposed services. Any requested modifications to the terms and conditions of the Agreement. Responder must acknowledge that upon award of this contract, and to preserve objectivity in representing the Owner, the Owners Representative, its affiliates, and subsidiaries agree not to be allowed to directly bid on or perform any construction trade work, or subcontract construction trade work related to the Project, and shall not have any financial interest in the performance of such work by others. List of Subcontractors and Subconsultants that the Responder is proposing to perform any of the tasks. The Contractor shall state what Tasks the subcontractor shall be performing and shall provide the same information as requested in items a through e above.
d.
e. f.
g.
2. Signatures The undersigned Responder certifies that this Proposal Form is made in good faith, without collusion or connection with any other person or persons offering Proposal Forms for the work. The undersigned Responder states that all Proposals for specific items of work will be made in conformity with the Specification and agrees that the General Requirements For Professional Services included in the Specification shall govern all specific Proposals and Contracts. Verbal or written agreements or understandings considered or entered into prior to the issuance and execution of any Contract shall not be binding after the execution of the Contract unless incorporated in writing into the Contract. In submitting the Proposal Form, it is understood and agreed that the Board of Water and Light reserves the right to reject any and all Proposals for specific items of work, or to accept any Proposal, in whole or in part which the Board of Water and Light deems to be in its best interest. It is further agreed that Proposals for specific items of work will not be withdrawn for a period of 60 calendar days beginning on the appointed date and time for submittal of Proposals.
If a Proposal for specific items of work is accepted by the Board of Water and Light, Lansing, Michigan, and the undersigned fails to execute the Contract as aforesaid within 10 days, not including Sundays, from the date of receipt of the Contract, then the undersigned shall be considered to have abandoned the Contract. The undersigned hereby authorizes and requests any person, firm, or corporation to furnish any information requested by the Board of Water and Light, Lansing, Michigan in verification of the recitals comprising this Proposal Form.
NAME OF RESPONDER: Street Address Post Office Box Number City, State, & Zip Code State in which Incorporated Signed and sealed this day of 2003.
By: _______________________________________ Corporate Seal Title: ______________________________________ NOTARY State of __________________________________ County of _________________________________
SS
_______________________________________________ being duly sworn deposed and says that he is ________________________________________________ (TITLE) of __________________________________________________________________________________ (COMPANY) and that the answers to the foregoing questions and all statements therein contained are true and correct. Subscribed and sworn to before me this ________ day of __________________, 20 ______ Name of Notary ____________________________________, County _________________________ Commission Expiration _______________________________
DRAFT COPY AUG 06, 2010
CONSENSUSDOCS 810
STANDARD FORM OF AGREEMENT BETWEEN OWNER AND OWNER'S REPRESENTATIVE

This document was developed through a collaborative effort of entities representing a wide cross-section of the construction industry. The organizations endorsing this document believe it represents a fair and reasonable consensus among the collaborating parties of allocation of risk and responsibilities in an effort to appropriately balance the critical interests and concerns of all project participants. These endorsing organizations recognize and understand that users of this document must review and adapt this document to meet their particular needs, the specific requirements of the project, and applicable laws. Users are encouraged to consult legal, insurance and surety advisors before modifying or completing this document. Further information on this document and the perspectives of endorsing organizations is available in the ConsensusDOCS Guidebook.
TABLE OF ARTICLES
1. AGREEMENT 2. RELATIONSHIP OF THE PARTIES 3. OWNER'S REPRESENTATIVE'S SERVICES 4. OWNER'S RESPONSIBILITIES 5. TIME AND COMPENSATION 6. INDEMNIFICATION AND INSURANCE 7. TERMINATION 8. DISPUTE RESOLUTION
1 ConsensusDOCS 810 STANDARD FORM OF AGREEMENT BETWEEN OWNER AND OWNER'S REPRESENTATIVE Copyright 2007, ConsensusDOCS LLC. YOU ARE ALLOWED TO USE THIS DOCUMENT FOR ONE CONTRACT ONLY. YOU MAY MAKE 9 COPIES OF THE COMPLETED DOCUMENT FOR DISTRIBUTION TO THE CONTRACT'S PARTIES. ANY OTHER USES, INCLUDING COPYING THE FORM DOCUMENT, ARE STRICTLY PROHIBITED.

9. MISCELLANEOUS PROVISIONS This Agreement has important legal consequences. Consultation with an attorney and an insurance consultant is encouraged with respect to its completion or modification.
ARTICLE 1 AGREEMENT
This Agreement is made this _______________ Day of ____________________, in the year ______, by and between the OWNER
and the OWNER'S REPRESENTATIVE
for services in connection with the following PROJECT
Notice to the Parties shall be given at the above addresses.
ARTICLE 2 RELATIONSHIP OF THE PARTIES

2.1 The Owner and the Owner's Representative agree to proceed on the basis of mutual trust, good faith and fair dealing and shall endeavor to promote harmony and cooperation among all Project participants. 2.2 The Owner's Representative represents that it is, whether a person or entity, an independent contractor and that in its performance of its Services it shall act as an independent contractor. 2.3 DEFINITIONS 2.3.1 The Architect/Engineer means the licensed Architect, Architect/Engineer or Engineer and its consultants, retained by Owner to perform design services for the Project. 2.3.2 The Contractor is a person or entity retained by the Owner to perform construction work in connection with the Project. 2.3.3 The term Day shall mean calendar day, unless otherwise specifically defined. 2.3.4 Final Completion occurs on the date when a Contractor's obligations under its agreement with the Owner are complete and accepted by the Owner and final payment becomes due and payable. 2.3.5 A Material Supplier is a person or entity retained by a Contractor to provide material and/or equipment for the Work. 2.3.6 The Owner is the person or entity identified in Article 1. 2.3.7 The Owner's Program is an initial description of the Owner's objectives that shall include budgetary and time criteria, space requirements and relationships, flexibility and expandability requirements, special equipment and systems, and site requirements.

2.3.8 The Owner's Representative is the person or entity identified in Article 1. The Owner shall in its agreements with the Architect/Engineer and the Contractor (s) identify the Owner's Representative and include a definition of Owner's Representative. 2.3.9 The Project is the building, facility and/or other improvements for which a Contractor is to perform Work under its agreement with the Owner. It may also include construction by the Owner or others. 2.3.10 The Schedule of the Work is the document prepared by a Contractor that specifies the dates on which the Contractor plans to begin and complete various parts of the Work, including dates on which information and approvals are required from the Owner. 2.3.11 A Subcontractor is a person or entity retained by a Contractor as an independent contractor to provide the labor, materials, equipment and/or services necessary to complete a specific portion of the Work. 2.3.12 Substantial Completion of the Work, or of a designated portion, occurs on the date when the Work is sufficiently complete in accordance with the Contract Documents so that the Owner may occupy or utilize the Project, or a designated portion, for the use for which it is intended. The issuance of a certificate of occupancy is not a prerequisite for Substantial Completion if the certificate of occupancy cannot be obtained due to factors beyond the Contractor's control. This date shall be confirmed by a Certificate of Substantial Completion signed by the Owner and Contractor. 2.3.13 A Subsubcontractor is a person or entity who has an agreement with a Subcontractor to perform any portion of the Subcontractor's Work. 2.3.14 Work means the construction and services necessary or incidental to fulfill the Contractor's obligations for the Project in conformance with this Agreement and the other Contract Documents. The Work may refer to the whole Project or only a part of the Project if work is also being performed by the Owner or Others. 2.3.14.1 Changed Work means work that is different from the original scope of Work; or work that changes the Contract Price or Contract Time. 2.3.14.2 Defective Work is any portion of the Work that is not in conformance with the Contract Documents. 2.3.15 Worksite means the geographical area at the location of the Project where the Work is to be performed.
ARTICLE 3 OWNER'S REPRESENTATIVE'S SERVICES

3.1 The Owner's Representative shall serve as Owner's authorized representative on the Project and at the Worksite and shall be fully acquainted with the Project. The Owner's Representative shall have the authority to bind the Owner without the Owner's prior approval in all Project matters requiring the Owner's approval, authorization or written notice, to the extent such matters do not exceed the limit of $_____________ on a per item basis (indicate dollar amount limit of Owner's Representative's authority), and the Owner's Representative shall notify the Owner of such approvals within a reasonable time. For all matters exceeding the indicated limit, the Owner's Representative shall not have the authority to bind the Owner absent the Owner's prior written approval. 3.2 The standard of care for Services performed under this Agreement shall be the care and skill ordinarily used by owner's representatives, or project administrators, practicing under similar conditions at

the same time and locality. 3.3 The Owner's Representative's Services may be provided in one or more phases as outlined below. Portions of each phase may commence before the previous phase is completed, in which case both phases may proceed concurrently. The Phases of the Owner's Representative's Services shall include: (Strike services not required). 3.3.1 PROJECT INITIATION PHASE The Project Initiation Phase includes the development of the Owner's Program and the review of the Project's feasibility based on the Owner's Program and other relevant information, as further detailed in Paragraph 3.5. 3.3.2 PROJECT DESIGN PHASE The Project Design Phase includes Services during the development of the Project design and specifications through the preparation of construction documents for the Project, as further detailed in Paragraph 3.6. 3.3.3 PROJECT CONSTRUCTION PHASE The Project Construction Phase commences upon the issuance of a written notice to proceed to the Owner's Contractor(s) to proceed with the construction of the Project, and includes Services as further detailed in Paragraph 3.7. 3.3.4 PROJECT CLOSE-OUT PHASE The Project Close-Out Phase commences when the Project, or a designated portion, achieves Substantial Completion, and continues through Final Completion, and includes Services as further detailed in Paragraph 3.8. 3.4 OWNER'S REPRESENTATIVE'S GENERAL RESPONSIBILITIES The Owner's Representative shall: 3.4.1 Serve as the contact for all communications between the Owner and its Architect/Engineer, Contractor(s) and consultant(s) including requests for information from or for actions by the Owner; 3.4.2 Maintain a copy of all Project documents and contract documents, including change orders and interim directed changes, for each of Owner's Contractor(s) on the Project, as well as meeting minutes, shop drawings, submittals, drawings and specifications, product data and applications for payment. 3.4.3 Perform on-site observations of the progress and quality of the Project so as to be able to report to the Owner on the progress and quality of the Work being performed and the services provided by all Project participants; 3.4.4 Attend Project meetings and report to the Owner on the proceedings. 3.5 PROJECT INITIATION PHASE SERVICES During the Project Initiation Phase, the Owner's Representative shall provide the following Services: (Strike services not required). 3.5.1 Review with the Owner the Project goals, objectives, constraints and relationships. 3.5.2 Assist the Owner in refining and clarifying the Owner's Program. 3.5.3 Assist the Owner in site selection and/or use of existing facilities. 3.5.4 Prepare cost estimates and/or review cost estimates prepared by others, provide a recommendation regarding such to the Owner and act upon any directive received from the Owner concerning such cost estimates. 3.5.5 Prepare preliminary Project schedule and/or review the preliminary Project schedule prepared by others, provide a recommendation regarding such to the Owner and act upon any directive received from the Owner concerning such preliminary Project schedule. 3.5.6 Assist the Owner in the selection of the Architect/Engineer and other consultants retained

by the Owner and types of agreements to be used between the Parties. 3.5.7 Review with the Architect/Engineer its understanding of the Owner's Program and other relevant data, assist the Architect/Engineer in determining the requirements of its services under the Owner-Architect/Engineer agreement and report to the Owner any outstanding issues. 3.5.8 Assist the Owner with filing required documents with governmental authorities having jurisdiction over the Project, including necessary permits. 3.5.9 Review Project quality level guidelines. 3.5.10 Review Project management information systems and reporting procedures, attend meetings and monitor the compliance and completion of assigned responsibilities. 3.5.11 The Owner's Representative shall provide the following other Services, if any, during the Project Initiation Phase:
3.6 PROJECT DESIGN PHASE SERVICES During the Project Design Phase, the Owner's Representative shall provide the following Services: (Strike services not required). Project Delivery System & Document Review 3.6.1 Assist the Owner in the selection of the type(s) of project delivery system(s) to be used for the Project including any phasing requirements and separate bid packages. 3.6.2 Receive and review the Architect/Engineer's schematic design, design development and construction documents, provide recommendations to the Owner and act upon any directive received from the Owner concerning these documents, including communicating Owner's approval to the Architect/Engineer. 3.6.3 Monitor quality level guidelines during the design process. 3.6.4 Review errors or omissions discovered in the drawings and specifications, review such with the Architect/Engineer and provide recommendations to the Owner and act upon any directive received from the Owner. 3.6.5 Review recommendations concerning constructibility issues, material availability or value engineering, review with the Architect/Engineer and provide recommendations to the Owner and act upon any directive received from the Owner. 3.6.6 Review the general and/or supplementary conditions for the Project, provide recommendations to the Owner and act upon any directive received from the Owner including communicating Owner's approval. Budget and Schedule 3.6.7 Prepare updated budget and schedule and/or review any updated budget and schedule prepared by others upon the completion of schematic design, design development and construction documents, provide recommendations to the Owner and act upon any directive received from the Owner concerning such updated budget and schedule, including communicating Owner's approval to the Architect/Engineer and others. 3.6.8 Prepare budgets for changes including alternate costs and/or review budgets for changes including alternate costs prepared by others, provide recommendations to the Owner and act upon any directive received from the Owner including communicating Owner's approval. 3.6.9 Prepare schedule for procurement of long-lead time items and/or review schedule(s) for

procurement of long-lead time items prepared by others which will constitute part of the Work as required to meet the Schedule of the Work provide recommendations to the Owner and act upon any directive received from the Owner including communicating Owner's approval. Bidding and Award 3.6.10 Assist the Owner in the development of bid strategies and prequalification criteria and the selection process for contracting with the Contractor(s), Subcontractors and Material Suppliers. 3.6.11 Receive from the Contractor(s) a list of possible Subcontractors and Material Suppliers from whom proposals may be requested for each principal portion of the Work, provide recommendations to the Owner and act upon any directive received from the Owner including communicating Owner's approval of or objection to a specific Subcontractor. 3.6.12 Work with the Architect/Engineer and/or others to obtain bids or negotiate proposals from Contractor(s), attend pre-bid or pre-award meetings and review bids or negotiated proposals including proposed subcontractors and material suppliers, provide recommendations to the Owner and act upon any directive received from the Owner. 3.6.13 Receive and review Contractor's(s') proposed superintendent(s) and project manager, provide a recommendation to the Owner and act upon any directive received from the Owner. 3.6.14 Work with the Architect/Engineer and others to make necessary modifications to construction documents in the event the Owner elects not to accept the lowest bona fide bid or negotiated proposal, provide recommendations to the Owner and act upon any directive received from the Owner. 3.6.15 Review Contractor's(s') compliance with insurance and bonding requirements. 3.6.16 Consult with the Contractor(s) regarding equal employment opportunity and affirmative action programs. 3.6.17 Assist the Owner in the preparation and award of the Owner and Contractor's(s') agreement(s). 3.6.18 Review Project management information systems and reporting procedures. 3.6.19 The Owner's Representative shall provide the following other Services, if any, during the Project Design Phase:
3.7 PROJECT CONSTRUCTION PHASE SERVICES During the Project Construction Phase, the Owner's Representative shall provide the following Services: (Strike services not required). Commencement and Progress of the Work 3.7.1 Issue written notices to the Contractor(s) to proceed with the Work. 3.7.2 With the Architect/Engineer and others, review the Contractor's(s') schedule of values to determine its accuracy and sufficiency. 3.7.3 Work with Contractor(s) to coordinate work performed by the Owner with the activities of all forces at the Worksite and agree upon fair and reasonable schedules and operational procedures, and monitor and review progress reports. 3.7.4 Receive and review the Architect/Engineer's and others' recommendations regarding Contractor(s) submittals, including shop drawings, product data and samples, provide recommendations to the Owner, and act upon any directive received from the Owner.

3.7.5 Accompany the Architect/Engineer and others on visits to the Worksite as required by agreement with the Owner, review the Architect/Engineer's Worksite visit reports, and, as needed, provide Owner with recommendations in response to such reports. 3.7.6 Review and monitor the Schedule of the Work. 3.7.7 Receive and review Contractor's(s') notice of delays in the progress of the Work and Contractor's(s') delay claims, provide recommendations to Owner and act upon any directive received from the Owner. Defective Work, Correction and Testing 3.7.8 Receive and review all notices of defects in the Work, provide recommendations to the Owner and act upon any directive received from the Owner. 3.7.9 With the Architect/Engineer and others, advise Contractor(s) of Defective Work to be corrected. 3.7.10 Advise and provide a recommendation to the Owner regarding Work that may need to be uncovered for inspection, and act upon any directive received from the Owner including directing Contractor(s) to uncover Work for inspection. 3.7.11 Receive and review Architect/Engineer's and others' recommendations regarding needed testing or inspection procedures for the Work, provide recommendations to the Owner and act upon any directive received from the Owner including communicating Owner's approval to the Architect/Engineer. Changes and Claims 3.7.12 Receive and review Contractor's(s') request for changes in the Work or claims related to the Project. 3.7.13 Work with the Architect/Engineer and others to review and process Contractor's(s') requests for changes in the Work or claims related to the Project, advise the Owner of the Architect/Engineer's and others' recommendations, provide recommendations to the Owner and act upon any directive received from the Owner, including communicating Owner's approval to the Architect/Engineer and others and Contractor's(s'). Safety 3.7.14 Receive and review any reports of safety violations on the Worksite, provide recommendations to the Owner and act upon any directive received from the Owner including directing Contractor(s) to stop performance of the Work or take corrective measures. 3.7.15 Receive and review Contractor's(s') reports of recordable accidents and injuries occurring at the Worksite. Hazardous Materials 3.7.16 Receive and review Contractor's(s') reports of hazardous material discovered at the Worksite, provide a recommendation to the Owner regarding such and act upon any directive received from the Owner. 3.7.17 Assist Owner in retaining an independent testing laboratory to determine the nature of suspected hazardous materials encountered at the Worksite. Payment 3.7.18 Receive and review applications for payment and forward same to Owner with a

recommendation for action, including amount due, adjustments to the payment application and any bases for withholding payment. 3.7.19 Receive and retain all Contractor's(s') partial lien and claim waivers for each progress payment as required in the Contractor's(s') agreement with the Owner. 3.7.20 Notify Owner and responsible Contractor(s) of liens filed against the Project and ensure that Contractor(s) cause the removal of any liens as required by their agreement with the Owner. Substantial Completion 3.7.21 Participate in inspections to determine whether Substantial Completion has been achieved by Contractor(s) and assist in preparation of list of items to be completed or corrected in order to achieve Final Completion. 3.7.22 Receive and review Contractor's(s') proposed certificate of Substantial Completion, provide recommendation to Owner and act upon any directive received from the Owner including communicating Owner's approval. Miscellaneous 3.7.23 The Owner's Representative shall provide the following other Services, if any, during the Project Construction Phase:
3.8 PROJECT CLOSE-OUT PHASE SERVICES During the Project Close-Out Phase, the Owner's Representative shall provide the following Services: (Strike services not required). 3.8.1 Receive and review all documentation required of Owner's Contractor(s) in order to achieve Final Completion and receive final payment. 3.8.2 Participate in any dispute resolution proceedings instituted by the Architect/Engineer, Contractor(s) or consultants. 3.8.3 The Owner's Representative shall provide the following other Services, if any, during the Project Close-Out Phase:
3.9 The Owner's Representative shall not exceed the authority granted to it pursuant to this Agreement. 3.10 The Owner's Representative shall not be responsible for, nor liable to the Owner for, any damages arising out of, the failure of other persons providing services, work or goods to the Owner to carry out the performance of their contracts with the Owner. 3.11 The Owner's Representative makes no warranties relating to schedules or completion dates, budgets, the cost of the Work or the Project, the Work performed by Contractor (s), or any other warranties, express or implied, that are not expressly set forth herein. The Owner's Representative shall have no liability for any errors or omissions in the construction documents or any defects in the Services attributable to the Owner's Representative's use of and/or good faith reliance upon the construction documents or any other information furnished by or on behalf of Owner or Architect/Engineer. 3.12 CONFIDENTIALITY The Owner's Representative shall treat as confidential and not disclose to third persons, except the Contractor(s), Subcontractors, Subsubcontractors and Material Suppliers as is necessary for the performance of the Work, or use for its own benefit, any of the Owner's confidential information, know how, discoveries, production methods and the like that may be disclosed to the Owner's Representative or which the Owner's Representative may acquire in connection with the Work.

ARTICLE 4 OWNER'S RESPONSIBILITIES
4.1 Any information or services to be provided by the Owner shall be provided in a timely manner so as not to delay the Owner's Representative in the performance of its Services under this Agreement. 4.2 The Owner's Representative's contact with the Owner shall be: (indicate name and telephone number)
ARTICLE 5 TIME AND COMPENSATION

5.1 Except as otherwise provided herein, the Owner's Representative shall provide the Services required by this Agreement from the date of this Agreement until completion of the Project and no later than _______________. Should the completion of the Project be delayed through no fault of the Owner's Representative, the Owner's Representative's compensation shall be equitably adjusted. 5.2 The Owner's Representative shall be compensated on the following basis: (State whether a stipulated sum, actual cost or other basis. If a stipulated sum, state what portion of the sum shall be payable each month. If the Owner's Representative's compensation is by phases of the Project, so indicate).
5.3 Reimbursable expenses under this Agreement shall include: (List here all expenses that are to be reimbursed.)
5.4 Adjustments in the Owner's Representative's Compensation shall be made as follows:
5.5 The Owner shall pay the amount otherwise due on any payment application, no later than _________________ (_______) Days after the Owner's Representative has submitted a complete and accurate payment application. 5.6 PAYMENT DELAY If for any reason not the fault of the Owner's Representative, the Owner's Representative does not receive payment from the Owner within _______________ (_______) Days after the time such payment is due, then the Owner's Representative, upon giving ___________________ (_______) Days' written notice to the Owner, and without prejudice to and in addition to any other legal remedies, may stop providing services until payment of the full amount owing to the Owner's Representative has been received.
ARTICLE 6 INDEMNIFICATION AND INSURANCE

6.1 To the fullest extent permitted by law, the Owner's Representative shall indemnify and hold the Owner, the Owner's officers, directors, members, consultants, agents and employees harmless from all claims for bodily injury and property damage that may arise from the Owner's Representative's services, but only to the extent of the negligent acts or omissions of the Owner's Representative. 6.2 To the fullest extent permitted by law, the Owner shall indemnify and hold the Owner's Representative, the Owner's Representative's officers, directors, members, consultants, agents and

employees harmless from all claims for bodily injury and property damage that may arise from the Owner's services, but only to the extent of the negligent acts or omissions of the Owner. 6.3 All contracts let by or on behalf of the Owner in connection with the Project shall contain a provision providing that the Owner and the other Party to the agreement agree to indemnify and hold the Owner's Representative harmless from all claims for bodily injury and property damage (other than to the Work itself) to the extent of the negligence attributed to such acts or omissions by the Owner or the other Party to the agreement or anyone employed directly or indirectly by them or by anyone for whose acts they may be liable. In addition, all such agreements shall contain a provision requiring the other Party to include the Owner and the Owner's Representative as additional insureds on their Commercial General Liability insurance policies for the Project. 6.4 The Owner's primary liability coverage shall name the Owner's Representative as an additional insured under the policy. The Owner shall provide the Owner's Representative with proof of the insurance coverages required. 6.5 If required in writing by the Owner, the Owner's Representative shall, before commencing its Services and as a condition of payment, purchase and maintain such insurance as will protect it from claims arising out of the performance of its Services under this Agreement.
ARTICLE 7 TERMINATION
7.1 Upon written notice to the Owner's Representative, the Owner may, without cause, suspend and/or terminate this Agreement. The Owner's Representative shall immediately cease providing Services under this Agreement. If the Owner terminates this Agreement pursuant to this Paragraph, the Owner's Representative shall be paid for all Services provided together with any reimbursable expenses incurred until the date of termination. 7.2 Upon seven (7) Days' written notice either Party may terminate this Agreement should the other Party breach this Agreement through no fault of the Party initiating the termination.
ARTICLE 8 DISPUTE RESOLUTION

8.1 INITIAL DISPUTE RESOLUTION If a dispute arises out of or relates to this Agreement or its breach, the Parties shall endeavor to settle the dispute first through direct discussions. 8.2 MEDIATION If the dispute cannot be settled through direct discussions, the Parties shall endeavor to settle the dispute by mediation under the current Construction Industry Mediation Rules of the American Arbitration Association before recourse to any binding dispute resolution procedures. 8.3 OTHER DISPUTE PROCESSES If neither direct discussions nor mediation successfully resolve the dispute, the Parties agree that the following shall be used to resolve the dispute. (Check one selection only) __ Arbitration Arbitration shall be pursuant to the Construction Industry Rules of the American Arbitration Association unless the Parties mutually agree otherwise. A written demand for arbitration by either Party shall be filed with the American Arbitration Association and the other Party to the Agreement within a reasonable time after the dispute or claim has arisen, but in no event after the applicable statute of limitations for a legal or equitable proceeding has run. The arbitration award shall be final. This agreement to arbitrate shall be governed by the Federal Arbitration Act and judgment upon the award may be confirmed in any court having jurisdiction.

__ Litigation Action may be filed in the appropriate state or federal court located in the jurisdiction in which the Project is located. 8.4 Progress of the Project The Parties shall not permit any dispute resolution process to affect or threaten the progress and completion of the Project.
ARTICLE 9 MISCELLANEOUS PROVISIONS

9.1 ASSIGNMENT Neither the Owner nor the Owner's Representative shall assign their interest in this Agreement without the written consent of the other except as to the assignment of proceeds. The terms and conditions of this Agreement shall be binding upon both Parties, their partners, successors, assigns and legal representatives. Neither Party to this Agreement shall assign the Agreement as a whole without written consent of the other except that the Owner may assign the Agreement to a wholly owned subsidiary of Owner when Owner has fully indemnified Owner's Representative or to an institutional lender providing construction financing for the Project as long as the assignment is no less favorable to the Owner's Representative than this Agreement. In the event of such assignment, the Owner's Representative shall execute any consents reasonably required. In such event, the wholly-owned subsidiary or lender shall assume the Owner's rights and obligations under the Agreement. If either Party attempts to make such an assignment, that Party shall nevertheless remain legally responsible for all obligations under this Agreement, unless otherwise agreed by the other Party. 9.2 GOVERNING LAW This Agreement shall be governed by the law in effect at the location of the Project. 9.3 SEVERABILITY The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. 9.4 NO WAIVER OF PERFORMANCE The failure of either Party to insist, in any one or more instances, on the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any of its rights, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right with respect to further performance or any other term, covenant, condition or right. 9.5 TITLES AND GROUPINGS The titles given to the articles of this Agreement are for ease of reference only and shall not be relied upon or cited for any other purpose. The grouping of the articles in this Agreement is solely for the purpose of convenient organization and in no event shall the grouping of provisions, the use of paragraphs or the use of headings be construed to limit or alter the meaning of any provisions. 9.6 JOINT DRAFTING The Parties expressly agree that this Agreement was jointly drafted, and that both had opportunity to negotiate its terms and to obtain the assistance of counsel in reviewing its terms prior to execution. Therefore, this Agreement shall be construed neither against nor in favor of either Party, but shall be construed in a neutral manner. 9.7 RIGHTS AND REMEDIES The Parties' rights, liabilities, responsibilities and remedies with respect to this Agreement, whether in contract, tort, negligence or otherwise, shall be exclusively those expressly set forth in this Agreement. 9.8 OTHER PROVISIONS (Insert here other provisions, if any, that pertain to this Agreement.)
WITNESS: .............................................................................

OWNER: ______________________________________ BY: ......................................................................................... PRINT NAME: __________________________________ PRINT TITLE: __________________________________
WITNESS: ............................................................................. OWNER'S REPRESENTATIVE: ____________________ BY: ......................................................................................... PRINT NAME: __________________________________ PRINT TITLE: __________________________________
ADDENDUM NO. 1 AUGUST 16, 2010 REQUEST FOR PROPOSAL (RFP) OWNERS REPRESENTATIVE SERVICES FOR MOORES PARK COGENERATION REPLACEMENT PLANT The following documents are issued for your information; to assist you in preparation of your bid, to revise the Request for Proposal under the title captioned above, dated August 6, 2010; and shall be included in the Bid Documents. Please acknowledge receipt of this Addendum by filling in the blank space provided on the Proposal Form for that purpose.
ANSWERS TO SELSECTED QUESTIONS 1. Question: By providing a proposal for and being selected for the Owner's Representative (OR) role, is the Owners Representatives participation in the detailed engineering or CM roles be precluded? Paragraph 2.7.6 states that the OR agrees to "not be allowed to directly bid on or perform any construction trade work"...........but does not appear to preclude engineering or CM services. Answer: Yes. The chosen Owners Representative will not be able to participate in the project as the Architect/Engineer, or the Construction Manager, or have any affiliation with their companies, nor partner with them. Refer to page 9 of 18, Section II, Article 2.7.6 and the addendum. 2. Question: Will the Construction Manager (CM) be allowed to self perform work? Answer: That needs to be further be clarified. However, in the past, the BWL has allowed the CM to bid on self perform work as if he were an independent contractor. His sealed bids were received, opened, and evaluated as if he were an independent contractor. 3. Question: One initial request is for LBWL to make available to responders a copy of the selected project documents such as the technical narrative description of the project as well as site plan, general arrangement (GA) and electrical one line drawings; cost estimates, etc. This information could help responders better understand the level of effort for OR services. Answer: The BWL feels the project is well described in the specification and the addenda below which include added project description. We are in the process of developing the site plan, general arrangement drawings, and electrical one-line drawing. Refer to the drawings attached to the addendum for the Conceptual Site Plan and the West Elevation of the office and power block. Studies and cost estimates will be provided after award. 4. Question: Please provide the Word Document file for the part of the RFP that lists the OR's Scope of Work. This would make it easier for responders to use for developing their man-hour estimates for the various tasks. Answer: The BWL since the Specification and all attachments are in Portable Document File (.pdf) format if any of the responders require the use of parts of the documents to aid in the preparation of their bidding process they can copy and paste using Adobe Reader 9, or similar software.
Refer to the Specification: TABLE OF CONTENTS Page 2 of 18, Attachments, Add: 2. Conceptual Site Plan 3. West Elevation
SECTION I INTRODUCTION: Page 3 of 18, 5th paragraph, 1st sentence, Delete Mbls and replace with Mlbs. Page 4 of 18, Article 1.3 General Description of Project, 1st paragraph, 2nd sentence, Delete pounds and replace with Mlbs. Page 5 of 18, Article 1.3 General Description of Project, 1st full paragraph, Delete last sentence that begins with The electric plant and replace with the following: The preliminary design for the substation is a ring bus configuration with 13.2kV/138kV transformers and two (2) 138kV exits to the existing BWL 138kV transmission system. Page 5 of 18, Article 1.3 General Description of Project, 3rd paragraph that begins with Upon successful Add the following: The demolition work includes removal of the existing coal pile and out stock conveyor including restoration and seeding of the coal pile, all external tanks, asbestos removal and demolition of the 4 existing stoker boilers, and equipment, removal of all external breeching to the stack and roof repairs, and steam distribution modifications internal to the structure. Page 5 of 18, Article 1.5 Schedule, 1st sentence, Delete 24 months and replace with 39 months. Page 5 of 18, Article 1.5 Schedule, 2nd sentence, Delete 18 months and replace with 27 months. SECTION II: PROPOSAL PREPARATION Page 8 of 18, Article 2.4 Quantities, 2nd sentence, Delete five (5) and replace with four (4). Page 9 of 18, Article 2.7 Proposal Content, Paragraph 2.7.6 Delete and replace with the following: 2.7.6 Responder must acknowledge that upon award of this contract, and to preserve objectivity in representing the Owner, the Owners Representative, its affiliates, and subsidiaries agree not to be allowed to directly bid on or perform any Architect/Engineering work, construction trade work, or subcontract construction trade work related to the Project, and shall not have any financial interest in the performance of such work by others.
CONCEPTUAL SITE PLAN
ADDENDUM NO. 2 AUGUST 20, 2010 REQUEST FOR PROPOSAL (RFP) OWNERS REPRESENTATIVE SERVICES FOR MOORES PARK COGENERATION REPLACEMENT PLANT The following documents are issued for your information; to assist you in preparation of your bid, to revise the Request for Proposal under the title captioned above, dated August 6, 2010; and shall be included in the Bid Documents. Please acknowledge receipt of this Addendum by filling in the blank space provided on the Proposal Form for that purpose.
ANSWERS TO SELSECTED QUESTIONS 1. Question: What will be the involvement of the Owners Representative concerning the Environmental Assessments of the site? Answer: The BWL will coordinate both the Phase I and II Environmental Assessments. The Phase I assessment is complete. The Owners Representative will assist as necessary to support as directed. 2. Question: Is the Owners Representative responsible to write the major equipment specifications before the Architect/Engineer is chosen? Answer: No. It will be the responsibility of the Architect/Engineer to write the equipment and construction specifications. The Owners Representative will review the specifications from both technical and commercial standpoints. 3. Question: Can the Proposal be e-mailed? Answer: No. Proposals are to be provided in printed form. Refer to NOTICE TO OFFERS and the Specification Page 8 of 18, Section II: Proposal Preparation, Article 2.4 Quantities. 4. Question: Does the Owners Representative need to include the services of an Environmental Consultant? Answer: Refer to Question 1. The BWL has submitted the Permit to Install Application for the plant to the MDNRE-Air Quality Division with the assistance of an outside consultant. 5. Question: Is a copy of the West Elevation attached to Addendum No. 1 available in a JPG image format? Answer: Yes. File: <<27 WestElev 7-14-10.jpg (73KB)>>will be forwarded to the Bidders of Record with this addendum. If you are not a Bidder of Record and you are preparing a proposal for this described work, please contact Tad Miller via e-mail at tdm@lbwl.com or Dan Flynn at djf@lbwl.com and the file will be sent via return e-mail. 6. Question: Can the combustion turbine be operated in a simple cycle mode? Answer: Yes. 7. Question: Specification, Page 5 of 19, Section I, Introduction, Article 1.5 Schedule, does the 39 month time period for the Owners Representative include the Moores Park Demolition? Answer: Yes. 8. Question: Can the Owners Representative participate in the project as a sub consultant to the Architect/Engineer? Answer: No. END OF ANSWERS TO SELECTED QUESTIONS END OF ADDENDUM NO. 2

Lansing BWL: Kramer Management Group RFP

Uploaded by

Document Information

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Lansing BWL: Kramer Management Group RFP

Uploaded by

Copyright:

Available Formats

Page 1 of

FOB Destination and Prepaid Net due within 30 days

Purchase order line items to follow on the next page

Offeror Instructions 3/4/2010

Offeror Instructions 3/4/2010

Offeror Instructions 3/4/2010

Lansing Board of Water and Light

REQUEST FOR PROPOSAL (RFP) FOR OWNERS REPRESENTATIVE SERVICES For

Moores Park Cogeneration Replacement Plant

Section I Section II Section III Section IV Section V

Introduction Proposal Preparation Scope of Services Proposal Evaluation General Requirements

Attachments: 1. Standard Agreement ConsensusDOCS 810

Proposals must be received via sealed envelope prior to bid opening

Due Date Location:

Purpose of this Request for Proposal

Section II: Proposal Preparation 2.1 General Information

Section IV: Proposal Evaluation Selection 4.1 General

Section V: General Requirements 5.1 Owner's Right to Amend RFP

OFFEROR QUALIFICATION QUESTIONNAIRE

DRAFT COPY AUG 06, 2010

STANDARD FORM OF AGREEMENT BETWEEN OWNER AND OWNER'S REPRESENTATIVE

DRAFT COPY AUG 06, 2010

DRAFT COPY AUG 06, 2010

and the OWNER'S REPRESENTATIVE

for services in connection with the following PROJECT

Notice to the Parties shall be given at the above addresses.

ARTICLE 2 RELATIONSHIP OF THE PARTIES

DRAFT COPY AUG 06, 2010

DRAFT COPY AUG 06, 2010

ARTICLE 3 OWNER'S REPRESENTATIVE'S SERVICES

DRAFT COPY AUG 06, 2010

DRAFT COPY AUG 06, 2010

DRAFT COPY AUG 06, 2010

DRAFT COPY AUG 06, 2010

DRAFT COPY AUG 06, 2010

DRAFT COPY AUG 06, 2010

DRAFT COPY AUG 06, 2010

DRAFT COPY AUG 06, 2010

DRAFT COPY AUG 06, 2010

DRAFT COPY AUG 06, 2010

DRAFT COPY AUG 06, 2010

DRAFT COPY AUG 06, 2010

ARTICLE 5 TIME AND COMPENSATION

5.4 Adjustments in the Owner's Representative's Compensation shall be made as follows:

ARTICLE 6 INDEMNIFICATION AND INSURANCE

DRAFT COPY AUG 06, 2010

DRAFT COPY AUG 06, 2010

ARTICLE 8 DISPUTE RESOLUTION

DRAFT COPY AUG 06, 2010

DRAFT COPY AUG 06, 2010

ARTICLE 9 MISCELLANEOUS PROVISIONS

DRAFT COPY AUG 06, 2010

DRAFT COPY AUG 06, 2010

DRAFT COPY AUG 06, 2010

CONCEPTUAL SITE PLAN

You might also like