1.1 Purpose
This Request for Proposals (RFP) is issued by the Department of Transportation and Development (herein referred to as DOTD) for the purpose of providing GIS, database design, document conversion, and other related services for cultural resources data.
1.2 Background
The project calls for the development of a GIS for cultural resources data using the latest version of ESRI software. The project consists of 1) digitizing data; 2) designing the database and web interface; and 3) document conversion (scanning existing documents into electronic format or converting existing electronic documents). Each task will undergo quality control. The project will be divided into two Phases. Phase I will consist of tasks 1 and 2 above. Phase II will consist of task 3 above and will begin after completion of Phase I. The system will be modeled and designed to store and access cultural resources data remotely. Most of the data that is to be converted into a GIS is mapped on topographic maps. This data will be digitized and put into databases. The users will be remote; therefore, the system will be accessible through web interfaces. Once the system is operational, control will be turned over to the Department of Culture, Recreation, and Tourism. They will be responsible for maintaining the databases and its security. Security must be designed into the system, as archaeological data is protected to prevent looting of archaeological sites. The State Historic Preservation Officer (SHPO) will be the person responsible for approving access to the databases. Potential users will request access annually to the system from the SHPO. The system must be able to generate a report that lists the approved users that accessed the system for that year. Also, the system must be able to report the number of times each user accessed the system that year. Due to the volume of documents that need to be scanned, document conversion will occur as additional funding becomes available. Essentially, text reports and other documents will be linked with the appropriate site. The user will be able to click on the site and access a list of available documents. The user then clicks on the document of interest and accesses the document in a format that can be read on the screen or downloaded. One Prime-Consultant (Consultant/Team) will be selected for this contract.
1.3 Scope of Services
Attachment I details the scope of services and the Functional and Technical Requirements of the Consultant. 1.4 Project Manager The Project Manager is Ms. Noel Ardoin, she may be reached at (225) 242-4504.
2.0 ADMINISTRATIVE INFORMATION
2.1 Expected Time Period for Contract
The period of any contract resulting from this RFP is tentatively scheduled to begin on or about July 01, 2005 and to continue through June 30, 2008. Phase I is anticipated to be completed in 6 months and the Contract Time for Phase II will be established at a later date and will be dependent upon funding availability.
2.2 RFP Coordinator
Requests for copies of the RFP and written questions must be directed to the RFP Coordinator listed below: Dr. Babak Naghavi, P.E., P.H. Consultant Contract Services Administrator 1201 Capitol Access Road, Room 405-T Baton Rouge, LA 70802-4438 or Post Office Box 94245 Baton Rouge, Louisiana 70804-9245 Telephone: (225) 379-1989 Fax: (225) 379-1859 This RFP is available in electronic form at www.dotd.lousisana.gov in Microsoft Word format or in printed form by submitting a written request to the RFP Coordinator.
2.3 Consultant Inquiries
DOTD will consider written consultant inquiries regarding RFP requirements or Scope of Services before the date specified in the Calendar of Events. DOTD reserves the right to modify the RFP should a change be identified that is in the best interest of DOTD. To be considered, written inquiries and requests for clarifi-cation of the content of this RFP must be received at the above address or via fax by 2:00 p.m. on the date specified in the Calendar of Events. Any and all questions directed to the RFP Coordinator will be deemed to require an official response. Official responses to each of the questions presented by the consultant will be sent to all potential Consultants who have submitted a letter of intent to submit by the deadline shown in the Calendar of Events.
2.4 Notice of Intent to Submit
A written Notification of Intent to Submit must be received by the RFP Coordinator by the submission deadline shown in the Calendar of Events.
2.5 Calendar of Events
Event Date Advertise RFP and mail public announcements April 15, 2005 Deadline for written notification of Intent to Submit April 21, 2005 Deadline for receiving Consultant inquiries April 27, 2005 Issue responses to Consultant inquiries May 06, 2005 Proposal submission deadline May 23, 2005 Announce Award of "Successful Consultant" June 06, 2005 Contract execution July 01, 2005 NOTE: DOTD reserves the right to amend and/or change this schedule of RFP activities, as it deems necessary.
3.0 PROPOSAL INFORMATION
3.1 Proposal Response Location
Consultants who are interested in providing consulting services under this RFP must submit all proposals containing the information specified in Section 4.0. The fully completed original proposal with original signatures by an authorized representative and all copies must be received in hard copy (printed) version by the RFP Coordinator designated above by the deadline date specified in the Calendar of Events. Fax or e-mail submissions are not acceptable.
3.2 Determination of Responsibility
Determination of the Consultant’s responsibility relating to this RFP shall be made according to the standards set forth in LAC 34: 136. DOTD must find that the Consultant: ü Has adequate financial resources for performance, or has the ability to obtain such resources as required during performance; ü Has the necessary experience, organization, technical qualifications, skills, and facilities, or has the ability to obtain them’ ü Is able to comply with the proposed or required time of delivery or performance schedule; ü Has a satisfactory record of integrity, judgment, and performance; and ü Is otherwise qualified and eligible to receive an award under applicable laws and regulations. Consultants should ensure that their proposals contain sufficient information for DOTD to make its determination by presenting acceptable evidence of the above to perform the services called for by the contract.
3.3 Minimum Qualifications of Consultant
Consultants of this RFP must meet the following minimum qualifications: · The Prime Consultant must have at least five years experience with digitizing data for GIS, with a support staff with at least two years experience with digitizing polygon, point, and line data. · The Prime Consultant must also have at least five years experience with database design with ESRI software and at least five years experience with designing and developing a WEB interface. · The Prime Consultant must also employ on a full-time basis, or through the use of a sub-consultant(s): o One individual with at least three years experience with document conversion, indexing, and quality control with a support staff for the document conversion (scanning). Although not mandatory, staff with the knowledge of the use of cultural resources data (i.e., Section 106 of the National Historic Preservation Act) will be helpful in efficiently designing the databases. If questions or issues arise regarding field names or definitions, DOTD’s IT Section must be consulted and will provide a resolution. Consultants should ensure that their proposals contain sufficient information for DOTD to make its determination by presenting acceptable evidence of the above to perform the services called for by the contract.
3.4 Revisions to the RFP
DOTD reserves the right to change the calendar of events or revise any part of the RFP by issuing an addendum to the RFP at any time.
3.5 Waiver of Administrative Informalities
DOTD reserves the right, at its sole discretion, to waive administrative informalities contained in any proposal.
3.6 Proposal Rejection
Issuance of this RFP in no way constitutes a commitment by DOTD to award a contract. DOTD reserves the right to accept or reject, in whole or part, all proposals submitted and/or cancel this announcement if it is determined to be in DOTD’s best interest.
3.7 Withdrawal and Re-submission of Proposal
A Consultant may withdraw a proposal that has been submitted at any time up to the date and time the proposal is due. To accomplish this, a written request signed by the authorized representative of the Consultant must be submitted to the RFP Coordinator.
3.8 Subcontracting Information
DOTD shall have a single Prime-Consultant as the result of any contract negotiation, and that Prime-Consultant shall be responsible for all deliverables referenced in the RFP or proposal. This general requirement notwithstanding, Consultants may enter into Sub-Consultant arrangements, however the Prime-Consultant should acknowledge in their proposal total responsibility for the entire contract. If the Consultant intends to subcontract for portions of the work, the Consultant should include specific designations of the tasks to be performed by the sub-consultant. Information required of the Consultant under the terms of this RFP is also required for each Sub-Consultant. Unless provided for in the contract with DOTD, the Prime-Consultant shall not contract with any other party for furnishing any of the work and professional services herein contracted for without the express written approval of DOTD.
3.9 Ownership of Proposal
All materials submitted in response to this request become the property of DOTD. Selection or rejection of a proposal does not affect this right.
3.10 Proprietary Information
Only information, which is in the nature of legitimate trade secrets or non-published financial data, may be deemed proprietary or confidential. Any material within a proposal identified as such must be clearly marked in the proposal and will be handled in accordance with the Louisiana Public Record Act, R.S. 44: 1-44 and applicable rules and regulations. Any proposal marked as confidential or proprietary in its entirety may be rejected without further consideration or recourse.
3.11 Cost of Preparing Proposals
DOTD is not liable for any costs incurred by prospective Consultants prior to issuance of or entering into a contract. Costs associated with developing the proposal, preparing for oral presentations, and any other expenses incurred by the Consultant in responding to this RFP are entirely the responsibility of the Consultant, and shall not be reimbursed in any manner by DOTD.
3.12 Errors and Omissions in Proposal
DOTD will not be liable for any errors in proposals. DOTD reserves the right to make corrections or amendments due to errors identified in proposals by DOTD or the Consultant. DOTD, at its option, has the right to request clarification or additional information from the Consultants.
3.13 Contract Award and Execution
DOTD reserves the right to enter into a Contract without further discussion of the proposal submitted based on the initial offer received. DOTD reserves the right to contract for all or a partial list of services offered in the proposal. The RFP and proposal of the selected Consultant will become part of any contract initiated by DOTD. See Attachment V. The selected Consultant will be expected to enter into a contract which is substantially the same as the sample contract included in Attachment V. In no event is a Consultant to submit its own standard contract terms and conditions as a response to this RFP. The Consultant should submit with their proposal any exceptions or exact contract deviations that their firm wishes to negotiate. Negotiations may begin with the announcement of the selected Consultant. If the contract negotiation period exceeds ten working days or if the selected Consultant fails to sign the final contract within ten working days of delivery of it, DOTD may elect to cancel the award and award the contract to the next-highest-ranked Consultant.
3.14 Code of Ethics
Consultants are responsible for determining that there will be no conflict or violation of the Ethics Code if their company is awarded the contract. Ethics issues are interpreted by the Louisiana Board of Ethics.
4.0 RESPONSE INSTRUCTIONS
4.1 Proposal Submission
One original (stamped original) and four copies of the proposal must be submitted to DOTD. Any Consultant/Team failing to submit any of the information required in this RFP will be considered non-responsive. Name(s) of the Consultant/Team listed, must precisely match the name(s) filed with the Louisiana Secretary of State, Corporation Division. The proposal will be identified with the State Project No. 700-99-0357 and will be submitted prior to 3:00 p.m. on May 23, 2005, by hand delivery or mail addressed to: Dr. Babak Naghavi, P.E., P.H. Consultant Contract Services Administrator 1201 Capitol Access Road, Room 405-T Baton Rouge, LA 70802-4438 or Post Office Box 94245 Baton Rouge, Louisiana 70804-9245 Telephone: (225) 379-1989 Fax: (225) 379-1859 The proposal must be signed by those company officials or agents duly authorized to sign proposals or contracts on behalf of the organization. A certified copy of a board resolution granting such authority should be submitted. It is solely the responsibility of each Consultant to assure that their proposal is delivered at the specified place and prior to the deadline for submission. Proposals, which for any reason are not received timely, will not be considered.
4.2 Cover Letter
A cover letter should be submitted on the Consultant's official business letterhead explaining the intent of the Consultant.
4.3 Proposal Format
The Consultant should submit a proposal as specified in Attachment II (S.F. DOTD 24-102) which shall include adequate information that the Consultant has the appropriate experience and qualifications to perform the scope of services as described herein. In Section 14 of the S.F. DOTD 24-102, the Consultant should submit a work plan reflecting their understanding of the project. The Consultant should respond to all areas requested.
4.4 Price Proposal
The Consultant should submit a Price Proposal (included in Section 14 of the SF 24-102) to perform the services shown in the Scope of Services. The proposal shall quote a Lump Sum for Phase I of the project and hourly rates for each of the Work Classifications listed in Attachment III for Phase II in the Price Proposal.
4.5 Certification Statement
The Consultant must sign and submit the Certification Statement shown in Attachment V.
5.0 EVALUATION AND SELECTION
5.1 Evaluation Team
The evaluation of proposals will be accomplished by DOTD's Consultant Evaluation Committee, which will determine the proposal most responsive and advantageous to DOTD.
5.2 Administrative and Mandatory Screening
All proposals will be reviewed to determine compliance with administrative and mandatory requirements as specified in the RFP. Proposals found not to be in compliance will be rejected from further consideration.
5.3 Evaluation and Review
Evaluation of proposals will be performed by the DOTD Consultant Evaluation Committee. Each proposal is rated from 0 to 4 in all four (4) of the criteria. For reference, the ratings are based on the following: 0 - Unsatisfactory 1 - Poor 2 - Fair 3 - Good 4 - Excellent Each criteria also has a weight factor that is applied to place them in the proper relationship with each other. These weighting factors vary from 4 to 6.
5.4 Announcement of Consultant
DOTD will notify the successful Consultant and proceed to negotiate terms for final contract. Unsuccessful Consultants will be notified in writing accordingly.
6.0 CONSULTANT REQUIREMENTS
6.1 Corporation Requirements
Upon the award of the contract, if the Consultant is a corporation not incorporated under the laws of the State of Louisiana, the Consultant shall have obtained a certificate of authority pursuant to R. S. 12:301-302 from the Secretary of State of Louisiana prior to the execution of the contract. Upon the award of the contract, if the Consultant is a for-profit corporation whose stock is not publicly traded, the Consultant shall ensure that a disclosure of ownership form has been properly filed with the Secretary of State of Louisiana.
6.2 Compensation
Phase I of the contract will be a non-negotiated lump sum. The contract may be supplemented by DOTD to include Phase II, Task 3, Document Conversion, as funding becomes available.
6.3 Billing and Payment
For payment purposes, DOTD will use an estimate for task 1 of Phase I as 90% and for task 2 of Phase I as 10%. The Consultant will invoice using DOTD standard invoice for lump sum and billable rate contracts. Lump Sum - Payments to the Consultant for Phase I services rendered shall be made monthly based on a certified invoice directly proportional to the percentage of completed work as shown in the monthly progress schedule. The monthly progress schedule shall: a) show in detail the status of the work; b) be subdivided into appropriate Phases with estimated percentages for each Phase, and c) be of a form and with a division of items as approved by DOTD. The allowable costs shall be in accordance with the cost principles and procedures set forth in 48 CFR 31, as appropriate.
The monthly invoice, reflecting the amount and value of work accomplished to the date of such submission less five percent for retainage, shall be submitted directly to the Project Manager. The retainage shall be released following completion of the work for each Phase, or upon written authorization by the DOTD Consultant Contract Services Administrator. The invoice shall also show the total of previous payments-on-account to this Contract, and the amount due and payable as of the date of the current invoice. Upon receipt of each invoice, DOTD shall pay the amount due within 30 calendar days, according to Louisiana R.S. 251.5. Billable Rates - Payments to the Consultant for Phase II services rendered shall be made monthly based on a certified and itemized invoice showing line item costs incurred. Any labor charges for other approved services shall include the names of the employees, their classification, and the time worked. These shall be reimbursed at the approved billable rate for that classification. Any charges to approved services other than labor shall be detailed to include vender name, cost, and description. Final payment for these costs shall be adjusted after project completion, or at the request of the Project Manager, to reflect the actual costs experienced by the Consultant during the course of this contract as determined by DOTD's Audit Section following the post audit of this contract. However, in no event shall such an adjustment allow the contract cost to exceed the maximum limitation imposed thereon. The allowable costs shall be in accordance with the cost principles and procedures set forth in 48 CFR 31 of the (FAR) as appropriate. The invoice shall be directly related to the Monthly Progress Schedule. DOTD shall not approve any invoice in which the proportional amount of the total contract compensation exceeds the percentage of project completion for that phase by more than five percent. Payments shall also be made monthly for direct expenses chargeable and identifiable to this specific contract; provided such charges are substantiated by documentation subject to audit. Direct expenses shall be disallowed if subsequent audits reveal that adequate bookkeeping has not been maintained. It is understood that the firm's entire books must segregate these items out of general overhead figures. The invoice shall show the total amount earned to the date of submission, and the amount due and payable as of the invoice including the direct expenses. The invoice shall reflect a five percent deduction on the total sum exclusive of direct expenses as an amount to be retained by DOTD until satisfactory completion of the work required or upon written authorization of the DOTD Consultant Contract Services Administrator for the release of the retainage. The original and five copies of the invoice shall be submitted to the Project Manager. The invoice must be signed, dated, and sealed, as covered under the “Contract Identification” section of this contract, by a principal member of the Consultant’s firm. Upon receipt of each invoice, DOTD shall pay the amount due within 30 calendar days, according to Louisiana R.S. 251.5.
6.4 Contract Terms & Conditions
The Consultant will be required to enter into a Contract with DOTD that is basically the same as Attachment V. Any changes to those terms will be negotiated if state law allows such negotiation.
6.5 Indemnification
Neither party shall be liable for any delay or failure in performance beyond its control resulting from acts of God or force majeure. The parties shall use reasonable efforts to eliminate or minimize the effect of such events upon performance of their respective duties under Contract. Consultant shall be fully liable for the actions of its agents, employees, partners or sub-consultants and shall fully indemnify and hold harmless DOTD and its Authorized Users from suits, actions, damages and costs of every name and description relating to personal injury and damage to real or personal tangible property caused by Consultant, its agents, employees, partners or sub-consultants, without limitation; provided, however, that the Consultant shall not indemnify for that portion of any claim, loss or damage arising hereunder due to the negligent act or failure to act of DOTD. Consultant will indemnify, defend and hold DOTD and its Authorized Users harmless, without limitation, from and against any and all damages, expenses (including reasonable attorneys' fees), claims, judgments, liabilities and costs which may be finally assessed against DOTD in any action for infringement of a United States Letter Patent with respect to the Products furnished, or of any copyright, trademark, trade secret or intellectual property right, provided that DOTD shall give the Consultant: (i) prompt written notice of any action, claim or threat of infringement suit, or other suit, (ii) the opportunity to take over, settle or defend such action, claim or suit at Consultant's sole expense, and (iii) assistance in the defense of any such action at the expense of Consultant. Where a dispute or claim arises relative to a real or anticipated infringement, DOTD or its Authorized Users may require Consultant, at its sole expense, to submit such information and documentation, including formal patent attorney opinions, as the Commissioner of Administration shall require. The Consultant shall not be obligated to indemnify that portion of a claim or dispute based upon: i) Authorized User's unauthorized modification or alteration of a Product; ii) Authorized User's use of the Product in combination with other products not furnished by Consultant; iii) Authorized User's use in other than the specified operating conditions and environment. In addition to the foregoing, if the use of any item(s) or part(s) thereof shall be enjoined for any reason or if Consultant believes that it may be enjoined, Consultant shall have the right, at its own expense and sole discretion as the Authorized User's exclusive remedy to take action in the following order of precedence: (i) to procure for DOTD the right to continue using such item(s) or part (s) thereof, as applicable; (ii) to modify the component so that it becomes non-infringing equipment of at least equal quality and performance; or (iii) to replace said item(s) or part(s) thereof, as applicable, with non-infringing components of at least equal quality and performance, or (iv) if none of the foregoing is commercially reasonable, then provide monetary compensation to DOTD up to the dollar amount of the Contract. For all other claims against the Consultant where liability is not otherwise set forth in the Contract as being "without limitation", and regardless of the basis on which the claim is made, Consultant's liability for direct damages, shall be the greater of $100,000, the dollar amount of the Contract, or two (2) times the charges rendered by the Consultant under the Contract. Unless otherwise specifically enumerated herein or in the work order mutually agreed between the parties, neither party shall be liable to the other for special, indirect or consequential damages, including lost data or records (unless the Consultant is required to back-up the data or records as part of the work plan), even if the party has been advised of the possibility of such damages. Neither party shall be liable for lost profits, lost revenue or lost institutional operating savings. DOTD and Authorized User may, in addition to other remedies available to them at law or equity and upon notice to the Consultant, retain such monies from amounts due Consultant, or may proceed against the performance and payment bond, if any, as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them.
6.6 Confidentiality
All financial, statistical, personal, technical and other data and information relating to DOTD’s operation which are designated confidential by DOTD and made available to the consultant in order to carry out this contract, or which become available to the consultant in carrying out this contract, will be protected by the consultant from unauthorized use and disclosure through the observance of the same or more effective procedural requirements as are applicable to DOTD. The identification of all such confidential data and information as well as DOTD’s procedural requirements for protection of such data and information from unauthorized use and disclosure will be provided by DOTD in writing to the consultant. If the methods and procedures employed by the consultant for the protection of the consultant’s data and information are deemed by DOTD to be adequate for the protection of DOTD’s confidential information, such methods and procedures may be used, with the written consent of DOTD, to carry out the intent of this paragraph. The consultant will not be required under the provisions of the paragraph to keep confidential any data or information, which is or becomes publicly available, is already rightfully in the consultant’s possession, is independently developed by the consultant outside the scope of the contract, or is rightfully obtained from third parties. Under no circumstance is the consultant to discuss and/or release information to the media concerning this project without prior express written approval of the DOTD.
ATTACHMENT I
SCOPE OF SERVICES FUNCTIONAL AND TECHNICAL REQUIREMENTS Phase I of the Project
1. Tasks and Services
Phase I will be divided into two tasks, digitizing and database design with web interface. Task 1, Digitizing Data The Division of Archaeology (DOA) has about 5,400 sites marked on topographic maps. These sites are mostly polygons. The Division of Historic Preservation (DHP) has about 54,000 sites marked on topographic and other type maps. These sites are mostly points. The following is a rough estimate of surveys recorded on to USGS and non USGS maps. The non USGS maps consist of DOTD street maps, tax parcel maps, hand drawn and computer program generated maps, USGS section printed on to the survey forms, and photocopies of USGS sections. The photocopied USGS sections will have to be matched to the USGS quads. Current estimated number of survey forms - 53,759 USGS Maps - 429 Surveys Plotted- 24,140 Non USGS Maps - 459 Surveys Plotted - 29,619 All sites will be indexed to a unique number once digitized. Quality control will be performed by the DOA and DHP throughout the process. Task 1 will take place at the office of the DOA and DHP. The consultant will supply their own equipment (digitizing table and computer) and software and set-up a workstation at DOA and DHP. Task 2, Database Design and Web Interface This task will include the database design or feature modeling for the GIS. The design will be closely coordinated with staff from the Department of Transportation and Development (DOTD) and the DOA and DHP. The design must be approved by both agencies. The consultant will design the web interface. The consultant will ensure proper implementation of the system and web interface. The security, access and control of access will be tested at this phase. Phase II of Project The project is being conducted in Phases due to the cost associated with document conversion. Phase II, Task 3, may be implemented as funding becomes available. Task 3, Document Conversion The consultant will convert electronic files and paper documents such as site forms, maps, reports, etc. into an electronic format, most likely a “tiff” file. The consultant will supply their own equipment (scanners and computers) and software and set-up a workstation at the DOA and DHP. The scanned documents will be indexed and linked to sites in the GIS database. The consultant is responsible for ensuring that the document conversion is of a quality acceptable to the DOTD and DOA and DHP. DOA and DHP are responsible for monitoring quality control.
3. Deliverables
Proposed Schedule This is a proposed schedule only. The consultant will submit a schedule for approval at the beginning of the contract.
4. Technical Requirements
Archaeological data that will be put into the system is protected. The consultant will be required to enter into an agreement with the State Historic Preservation Officer regarding the security of the data. The system must be able to generate a report that lists the approved users that accessed the system for that year. Also, the system must be able to report the number of times each user accessed the system that year.
Project Managers – Ms. Noel Ardoin will be the Project Manager; she may be reached at (225) 242-4504. Mr. Neil Hohmann will be the GIS Project Manager; he may be reached at (225) 379-1874. Ms. Rachel Watson will be the contact person for the Department of Culture, Recreation and Tourism, Division of Archaeology; she may be reached at (225) 342-8170. The documents must remain in the custody of the Division of Archaeology and the Division of Historic Preservation; therefore, the Consultant will be required to set-up work station at the offices of the Division of Archaeology and Historic Preservation. The Consultant will submit a schedule of work for approval upon beginning the project. The schedule will be updated biweekly (every two weeks) to reflect the project’s progress. These biweekly progress reports must be submitted to the Project Manager. ATTACHMENT II PROPOSAL FORMAT Consultants should submit their proposal to the RFP Coordinator using either the Standard Form DOTD 24-102 (S.F. 24-102) or a similar proposal format that includes all applicable information (in the same order) as the S.F. 24-102. Firms are not required to be registered with the Louisiana Secretary of State prior to selection. Questions regarding the S.F. 24-102 may be directed to the RFP Coordinator. The S.F. 24-102 and the Instructions for Completing the S.F. 24-102 may be downloaded from DOTD’s Website. The DOTD Website address is http://www.dotd.louisiana.gov and Consultant Contract Services is listed under Doing Business with DOTD, and/or Pre-Construction. The S.F. 24-102 and the Instructions for Completing the S.F. 24-102 are listed under “Forms” on the Consultant Contract Services Website. ATTACHMENT III - PRICE PROPOSAL
ATTACHMENT IV
CERTIFICATION STATEMENT The undersigned hereby acknowledges she/he has read and understands all requirements and specifications of the Request for Proposals (RFP), including attachments. OFFICIAL CONTACT. DOTD requires that the Consultant designate one person to receive all documents and the method in which the documents are best delivered. Identify the Contact name and fill in the information below: (Print Clearly): Date: ______________________ Official Contact Name:______________________________________ A. E-mail Address: _____________________________________________ B. Facsimile Number with area code: (_____)______________________ C. US Mail Address: ____________________________________________ D. Telephone Number: ___________________________________________ Consultant certifies that the above information is true and grants permission to DOTD or Agencies to contact the above named person or otherwise verify the information I have provided. By its submission of this proposal and authorized signature below, Consultant certifies that: (1) The information contained in its response to this RFP is accurate; (2) Consultant complies with each of the mandatory requirements listed in the RFP and will meet or exceed the functional and technical requirements specified therein; (3) Consultant accepts the procedures, evaluation criteria, contract terms and conditions, and all other administrative requirements set forth in this RFP. (4) Consultant's quote is valid for at least one year from the date of Consultant’s signature below; (5) Consultant understands that if selected as the successful Consultant, he/she will have (#) business days from the date of delivery of final contract in which to complete contract negotiations, if any, and execute the final contract document. Authorized Signature: ________________________________________________ Typed or Printed Name: ________________________________________________ Title: ___________________________________________________________________________ Company Name: __________________________________________________________________ Address:_________________________________________________________________________ City: ____________________________________ State:_________ Zip: ________________
ATTACHMENT V
SAMPLE CONTRACT FOR INFORMATIONAL PURPOSES ONLY AND SUBJECT TO CHANGE CONSULTING SERVICES CONTRACT
Phase B No work for Phase B shall be performed or invoiced prior to receipt of authorization from the DOTD Project Manager to proceed with Phase B. The Consultant shall be responsible for any costs or expenses incurred if the Consultant performs any work without such authorization. Compensation for Phase B shall be based on an hourly rate of $XXX. This hourly rate is inclusive of all labor, materials, equipment, travel, incidentals, etc. necessary to provide the scope of services outlined in Phase B. The Consultant must submit monthly invoices directly to the DOTD Project Manager. Each invoice shall reflect the actual work (hours) performed on each task. Each invoice shall provide the total amount paid-on-account for services rendered, and the amount due and payable as of the date of the current invoice. Monthly payments are conditioned upon the approval of the DOTD Project Manager. Ten-percent (10%) of each invoice shall be retained by DOTD and shall be payable upon satisfactory completion of Phase B. Upon completion of Phase B, a final report describing all activities and achievements must be submitted to the DOTD Project Manager and accepted prior to final payment for Phase B.
4.0 TERMINATION 4.1 TERMINATION FOR CAUSE DOTD may terminate this Contract for cause based upon the failure of Consultant to comply with the terms and/or conditions of the Contract; provided that the DOTD shall give the Consultant written notice specifying the Consultant’s failure. If within thirty (30) days after receipt of such notice, the Consultant shall not have either corrected such failure or, in the case of failure which cannot be corrected in thirty (30) days, begun in good faith to correct said failure and thereafter proceeded diligently to complete such correction, then the DOTD may, at its option, place the Consultant in default and the Contract shall terminate on the date specified in such notice. Failure to perform within the time specified in the solicitation shall constitute a default and may cause cancellation of the contract. Where the DOTD has determined the Consultant to be in default, the DOTD reserves the right to obtain any or all products or services covered by the contract on the open market and to charge the consultant with cost in excess of the contract price. Until such assessed charges have been paid, no subsequent proposal from the defaulting consultant shall be considered. Consultant may exercise any rights available to it under Louisiana law to terminate for cause upon the failure of the DOTD to comply with the terms and conditions of this contract provided that the Consultant shall give the DOTD written notice specifying the DOTD’s failure and a reasonable opportunity for the DOTD to cure the defect. 4.2 TERMINATION FOR CONVENIENCE DOTD may terminate the Contract at any time without penalty by giving thirty (30) days written notice to the Consultant of such termination or negotiating with the Consultant an effective date. Consultant shall be entitled to payment for deliverables in progress, to the extent work has been performed satisfactorily. 4.3 TERMINATION FOR NON-APPROPRIATION OF FUNDS The continuation of this contract is contingent upon the appropriation of funds by the legislature to fulfill the requirements of the contract. If the legislature fails to appropriate sufficient monies to provide for the continuation of the contract, or if such appropriation is reduced by the veto of the Governor or by any means provided in the appropriations act of Title 39 of the Louisiana Revised Statutes of 1950 to prevent the total appropriation for the year from exceeding revenues for that year, or for any other lawful purpose, and the effect of such reduction is to provide insufficient monies for the continuation of the contract, the contract shall terminate on the date of the beginning of the first fiscal year for which funds have not been appropriated. 5.0 INDEMNIFICATION & LIMITATION OF LIABILITY Neither party shall be liable for any delay or failure in performance beyond its control resulting from acts of God or force majeure. The parties shall use reasonable efforts to eliminate or minimize the effect of such events upon performance of their respective duties under Contract. Consultant shall be fully liable for the actions of its agents, employees, partners or sub-consultants and shall fully indemnify and hold harmless the DOTD and its authorized users from suits, actions, damages and costs of every name and description relating to personal injury and damage to real or personal tangible property caused by Consultant, its agents, employees, partners or sub-consultants, without limitation; provided, however, that the Consultant shall not indemnify for that portion of any claim, loss or damage arising hereunder due to the negligent act or failure to act of the DOTD. Consultant shall indemnify, defend and hold the DOTD and its authorized users harmless, without limitation, from and against any and all damages, expenses (including reasonable attorneys’ fees), claims, judgments, liabilities and costs which may be finally assessed against the DOTD in any action for infringement of a United States Letter Patent with respect to the Products furnished, or of any copyright, trademark, trade secret or intellectual property right, provided that the DOTD shall give the Consultant: (i) prompt written notice of any action, claim or threat of infringement suit, or other suit, (ii) the opportunity to take over, settle or defend such action, claim or suit at Consultant’s sole expense, and (iii) assistance in the defense of any such action at the expense of Consultant. Where a dispute or claim arises relative to a real or anticipated infringement, the DOTD or its authorized users may require Consultant, at its sole expense, to submit such information and documentation, including formal patent attorney opinions, as the Commissioner of Administration shall require. The Consultant shall not be obligated to indemnify that portion of a claim or dispute based upon: i) authorized user’s unauthorized modification or alteration of a Product; ii) authorized user’s use of the Product in combination with other products not furnished by Consultant; iii) authorized user’s use in other than the specified operating conditions and environment. In addition to the foregoing, if the use of any item(s) or part(s) thereof shall be enjoined for any reason or if Consultant believes that it may be enjoined, Consultant shall have the right, at its own expense and sole discretion as the authorized user’s exclusive remedy to take action in the following order of precedence: (i) to procure for the DOTD the right to continue using such item(s) or part (s) thereof, as applicable; (ii) to modify the component so that it becomes non-infringing equipment of at least equal quality and performance; or (iii) to replace said item(s) or part(s) thereof, as applicable, with non-infringing components of at least equal quality and performance, or (iv) if none of the foregoing is commercially reasonable, then provide monetary compensation to the DOTD up to the dollar amount of the Contract. For all other claims against the Consultant where liability is not otherwise set forth in the Contract as being “without limitation”, and regardless of the basis on which the claim is made, Consultant’s liability for direct damages, shall be the greater of $100,000, the dollar amount of the Contract, or two (2) times the charges rendered by the Consultant under the Contract. Unless otherwise specifically enumerated herein or in the work order mutually agreed between the parties, neither party shall be liable to the other for special, indirect or consequential damages, including lost data or records (unless the Consultant is required to back-up the data or records as part of the work plan), even if the party has been advised of the possibility of such damages. Neither party shall be liable for lost profits, lost revenue or lost institutional operating savings. The DOTD and authorized user may, in addition to other remedies available to them at law or equity and upon notice to the Consultant, retain such monies from amounts due Consultant, or may proceed against the performance and payment bond, if any, as may be necessary to satisfy any claim for damages, penalties, costs and the like asserted by or against them. 6.0 CONTRACT CONTROVERSIES Any claim or controversy arising out of the contract shall be resolved by the provisions of Louisiana Revised Statute 39:1524-26. 7.0 FUND USE Consultant agrees not to use contract proceeds to urge any elector to vote for or against any candidate or proposition on an election ballot nor shall such funds be used to lobby for or against any proposition or matter having the effect of law being considered by the Louisiana Legislature or any local governing authority. This provision shall not prevent the normal dissemination of factual information relative to a proposition on any election ballot or a proposition or matter having the effect of law being considered by the Louisiana Legislature or any local governing authority. 8.0 ASSIGNMENT No consultant shall assign any interest in this contract by assignment, transfer, or novation, without prior written consent of the DOTD. This provision shall not be construed to prohibit the consultant from assigning to a bank, trust company, or other financial institution any money due or to become due from approved contracts without such prior written consent. Notice of any such assignment or transfer shall be furnished promptly to the DOTD. 9.0 RIGHT TO AUDIT The DOTD Auditor, State Legislative auditor, federal auditors and internal auditors of the Division of Administration, or others so designated by the DOA, shall have the option to audit all accounts directly pertaining to the contract for a period of five (5) years from the date of the last payment made under this contract. Records shall be made available during normal working hours for this purpose. 10.0 CONTRACT MODIFICATION No amendment or variation of the terms of this contract shall be valid unless made in writing, signed by the parties and approved as required by law. No oral understanding or agreement not incorporated in the contract is binding on any of the parties. 11.0 CONFIDENTIALITY OF DATA All financial, statistical, personal, technical and other data and information relating to the DOTD’s operation which are designated confidential by the DOTD and made available to the consultant in order to carry out this contract, or which become available to the consultant in carrying out this contract, shall be protected by the consultant from unauthorized use and disclosure through the observance of the same or more effective procedural requirements as are applicable to the DOTD. The identification of all such confidential data and information as well as the DOTD’s procedural requirements for protection of such data and information from unauthorized use and disclosure shall be provided by the DOTD in writing to the consultant. If the methods and procedures employed by the consultant for the protection of the consultant’s data and information are deemed by the DOTD to be adequate for the protection of the DOTD’s confidential information, such methods and procedures may be used, with the written consent of the DOTD, to carry out the intent of this paragraph. The consultant shall not be required under the provisions of the paragraph to keep confidential any data or information which is or becomes publicly available, is already rightfully in the consultant’s possession, is independently developed by the consultant outside the scope of the contract, or is rightfully obtained from third parties. 12.0 SUB-CONSULTANTS The Consultant may, with prior written permission from the DOTD, enter into subcontracts with third parties for the performance of any part of the Consultants duties and obligations. In no event shall the existence of a subcontract operate to release or reduce the liability of the Consultant to the DOTD for any breach in the performance of the Consultant’s duties. 13.0 COMPLIANCE WITH CIVIL RIGHTS LAWS The consultant agrees to abide by the requirements of the following as applicable: Title VI and Title VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran’s Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Act of 1975, and consultant agrees to abide by the requirements of the Americans with Disabilities Act of 1990. Consultant agrees not to discriminate in its employment practices, and shall render services under this contract without regard to race, color, religion, sex, national origin, veteran status, political affiliation, or disabilities. Any act of discrimination committed by Consultant, or failure to comply with these statutory obligations when applicable shall be g rounds for termination of this contract. 14.0 INSURANCE Insurance shall be placed with insurers with an A.M. Best’s rating of no less than A-:VI. This rating requirement shall be waived for Worker’s Compensation coverage only. Consultant’s Insurance: The Consultant shall not commence work under this contract until he has obtained all insurance required herein. Certificates of Insurance, fully executed by officers of the Insurance Company written or countersigned by an authorized Louisiana state agency, shall be filed with the State of Louisiana for approval. The Consultant shall not allow any sub-consultant to commence work on his subcontract until all similar insurance required for the sub-consultant has been obtained and approved. If so requested, the Consultant shall also submit copies of insurance policies for inspection and approval of the State of Louisiana before work is commenced. Said policies shall not hereafter be canceled, permitted to expire, or be changed without thirty (30) days notice in advance to the State of Louisiana and consented to by the State of Louisiana in writing and the policies shall so provide. Compensation Insurance: Before any work is commenced, the Consultant shall maintain during the life of the contract, Workers’ Compensation Insurance for all of the Consultant’s employees employed at the site of the project. In case any work is sublet, the Consultant shall require the sub-consultant similarly to provide Workers’ Compensation Insurance for all the latter’s employees, unless such employees are covered by the protection afforded by the Consultant. In case any class of employees engaged in work under the contract at the site of the project is not protected under the Workers’ Compensation Statute, the Consultant shall provide for any such employees, and shall further provide or cause any and all sub-consultants to provide Employer’s Liability Insurance for the protection of such employees not protected by the Workers’ Compensation Statute. Commercial General Liability Insurance: The Consultant shall maintain during the life of the contract such Commercial General Liability Insurance which shall protect him, the DOTD, and any sub-consultant during the performance of work covered by the contract from claims or damages for personal injury, including accidental death, as well as for claims for property damages, which may arise from operations under the contract, whether such operations be by himself or by a sub-consultant, or by anyone directly or indirectly employed by either or them, or in such a manner as to impose liability to the DOTD. Such insurance shall name the DOTD as additional insured for claims arising from or as the result of the operations of the Contactor or his sub-consultants. In the absence of specific regulations, the amount of coverage shall be as follows: Commercial General Liability Insurance, including bodily injury, property damage and contractual liability, with combined single limits of $1,000,000. Insurance Covering Special Hazards: Special hazards as determined by the DOTD shall be covered by rider or riders in the Commercial General Liability Insurance Policy or policies herein elsewhere required to be furnished by the Consultant, or by separate policies of insurance in the amounts as defined in any Special Conditions of the contract included therewith. Licensed and Non-Licensed Motor Vehicles: The Consultant shall maintain during the life of the contract, Automobile Liability Insurance in an amount not less than combined single limits of $1,000,000 per occurrence for bodily injury/property damage. Such insurance shall cover the use of any non-licensed motor vehicles engaged in operations within the terms of the contract on the site of the work to be performed there under, unless such coverage is included in insurance elsewhere specified. Sub-consultant’s Insurance: The Consultant shall require that any and all sub-consultants, which are not protected under the Consultant’s own insurance policies, take and maintain insurance of the same nature and in the same amounts as required of the Consultant. 15.0 APPLICABLE LAW This contract shall be governed by and interpreted in accordance with the laws of the State of Louisiana. Venue of any action brought with regard to this contract shall be in the Nineteenth Judicial District Court, parish of East Baton Rouge, State of Louisiana. 16.0 CODE OF ETHICS The consultant acknowledges that Chapter 15 of Title 42 of the Louisiana Revised Statutes (R.S. 42:1101 et. seq., Code of Governmental Ethics) applies to the Contracting Party in the Performance of services called for in this contract. The consultant agrees to immediately notify the DOTD if potential violations of the Code of Governmental Ethics arise at any time during the term of this contract. 17.0 SEVERABILITY If any term or condition of this Contract or the application thereof is held invalid, such invalidity shall not affect other terms, conditions, or applications which can be given effect without the invalid term, condition, or application; to this end the terms and conditions of this Contract are declared severable. 18.0 COMPLETE CONTRACT This is the complete Contract between the parties with respect to the subject matter and all prior discussions and negotiations are merged into this contract. This Contract is entered into with neither party relying on any statement or representation made by the other party not embodied in this Contract and there are no other agreements or understanding changing or modifying the terms. This Contract shall become effective upon final statutory approval. 19.0 ORDER OF PRECEDENCE This contract shall, to the extent possible, be construed to give effect to all of its provisions; however, where provisions are in conflict, first priority shall be given to the provisions of the contract, excluding the Request for Proposals, its amendments and the Proposal; second priority shall be given to the provisions of the Request for Proposals and its amendments; and third priority shall be given to the provisions of the Proposal. IN WITNESS WHEREOF, the parties hereto have caused these presents to be executed by their respective officers thereunto duly authorized as of the day and year first above written. WITNESSES: Consultant, Inc. BY: Witness for First Party XXX Witness for First Party Typed or Printed Name TITLE: Federal Identification Number STATE OF LOUISIANA DEPARTMENT OF TRANSPORTATION AND DEVELOPMENT ____________________________________ BY:________________________________ Witness for Second Party Johnny B. Bradberry Secretary RECOMMENDED FOR ____________________________________ APPROVAL BY:_____________________ Witness for Second Party Undersecretary ATTACHMENT “A”
Expected Time Period for Contract