1.0 2.0 3.0 4.0 5.0 6.0 7.0 8.0 Preliminary Design 1.11 Environmental Documentation—Class I 1.12 Environmental Documentation—Class II 1.13 Environmental Documentation—Class III 1.21 Geometric Layouts—Level 1 1.22 Geometric Layouts—Level 2 1.23 Geometric Layouts—Level 3 Highway Design 2.1 Highway Design—Level 1 2.2 Highway Design—Level 2 2.3 Highway Design—Level 3 Bridge Design 3.1 Bridge Design—Level 1 3.2 Bridge Design—Level 2 3.3 Bridge Design—Level 3 3.4 Bridge Design—Level 4 Bridge Inspection 4.1 Structural Metals Inspection 4.4 High Mast Light Towers Environmental Studies 5.2 Air Quality Analysis 5.3 Noise Analysis & Abatement 5.41 Contaminated Property Investigation–Level I 5.42 Contaminated Property Investigation–Level II 5.51 Wetland Services–Level 1 5.52 Wetland Services–Level 2 5.53 Wetland Services–Level 3 5.6 Rare, Endangered & Threatened Species _____Mammals _____Birds _____Fish _____Reptiles _____Insects _____Mollusks _____Plants Materials Testing 6.1 Geotechnical Studies 6.2 Highway Materials Testing 6.31 Geotechnical Laboratory Testing–Level 1 6.32 Geotechnical Laboratory Testing–Level 2 6.4 Vibration Analysis and Monitoring 6.5 Pile Load Testing 6.6 Standard Penetration Test & Rock Coring 6.7 Cone Penetration Test 6.8 Solid Stem Auger Drilling 6.9 Soils Analysis and Recommendations 6.10 Ground Penetrating Radar (GPR) Survey Transportation Planning 7.11 Planning–Class I (Statewide) 7.12 Planning–Class II (Regional & Corridor) 7.13 Planning–Class III (Transportation Data & Stats) Right of Way Assistance 8.1 Direct Purchase 8.2 Relocation Assistance 8.3 Field Title Investigation 8.4 Title Services 8.51 R/W Appraisals–Level 1 8.52 R/W Appraisals–Level 2 8.53 R/W Appraisals–Level 3 8.54 R/W Appraisals–Level 4 9.0 10.0 11.0 12.0 13.0 14.0 15.0 16.0 17.0 18.0 -1– (CSS/CM Reviewed 3/4/2011) Land Surveys 9.11 Geodetic Surveying–Level 1 9.12 Geodetic Surveying–Level 2 9.13 Geodetic Surveying–Level 3 9.14 Geodetic Surveying–Level 4 9.2 Legal Descriptions 9.3 Right of Way Plats 9.4 Design/Location Surveys 9.5 Right-of-Way Surveys 9.6 Land Surveys Photogrammetry & Remote Sensing 10.1 Photogrammetric Mapping 10.21 Aerial Photography–Level 1 10.22 Aerial Photography–Level 2 10.23 Remote Sensing–Level 1 10.24 Remote Sensing–Level 2 CEI/Contract Administration 11.1 CI–Grading & Base, Bituminous & Concrete 11.2 Construction Inspection–Bridge Construction 11.3 Construction Surveying 11.4 Materials Sampling & Testing–Field Sampling 11.5 Materials Samp. & Test – Plant Insp./Bituminous 11.6 Materials Samp. & Test – Plant Insp./Concrete 11.7 Construction Contract Administration & Mgmt. 11.8 Construction Project Scheduling Cultural Resources 12.11 Archaeology Studies – Level I 12.12 Archaeology Studies – Level II 12.3 Geomorphology Studies 12.4 Architectural/History Studies 12.5 Historic Architect Services Storm Water System Inspection 13.1 Storm Water System Inspection–Level 1 13.2 Storm Water System Inspection–Level 2 13.3 Storm Water System Inspection–Level 3 Traffic Engineering 14.1 Traffic Signal Design 14.2 Traffic Signal Operations 14.3 Roadway Lighting Design 14.4 Temporary Traffic Control Plan Design 14.61 Signing Plan Design & SP–Level 1 14.62 Signing Plan Design & SP–Level 2 14.63 Signing Plan Design & SP–Level 3 14.7 Traffic Engineering Special Studies 14.81 Freeway Modeling–Level 1 14.82 Freeway Modeling–Level 2 14.83 Freeway Modeling–Level 3 14.84 Freeway Modeling–Level 4 Subsurface Utility Engineering (SUE) 15.0 Subsurface Utility Engineering (SUE) Value Engineering (VE) Study/Workshop 16.1 Value Engineering (VE) Study/Workshop Roundabouts 17.11 Low Demand–Level 1 17.12 Low Demand–Level 2 17.21 High Demand–Level 1 17.22 High Demand–Level 2 Transportation Landscape Architecture 18.1 Transportation Landscape Architecture PRE-QUALIFICATION ANNOUNCEMENT Minnesota Department of Transportation (MnDOT) 1955-1970 Additional Historic Bridge Evaluations Project Description: This project will build off MnDOT’s previously completed 1955-1970 Historic Bridge studies and consist of completing the evaluation of selected bridges from the era. The study will include: - An evaluation of approximately 102 bridges that were inadvertently missed in the original study pool (identified as “not evaluated” on the attached list). These bridges will be evaluated using the evaluation criteria established in the report Final Evaluation Report and Historic Context, Minnesota Bridges, 1955-1970, by Mead and Hunt 2011. - An expansion of the context on the development of the state highway system in Minnesota during this era and development of criteria for registration criteria and integrity requirements for state highways. The successful responder will conduct research, write a historic narrative and a perform a preliminary evaluation (including identification of potential features and corridor termini) of the following highway corridors and associated bridges: o Highway 5/100 and Highway 55 near Fort Snelling in Hennepin County o Highway 10 from the Twin Cities to the North Dakota border o Highway 52 from St. Paul to Rochester o Highway 61 from Duluth to Two Harbors o Highway 61 from St. Paul south to the Iowa border o Highway 62 (Crosstown) in Hennepin County from Hwy 494 in Eden Prairie to Highway 55 near the metropolitan airport o Highway 169 from the Iowa border to Virginia. The successful responder will expand the existing context on the state highway system to incorporate the trends and developments identified during the research on these individual segments. If any of the corridors meet the initial integrity assessment, the successful responder will apply the criteria for eligibility to one of the corridors, unless none are found to be potentially significant or have sufficient integrity to warrant further work. - Evaluation of five bridges identified in the previous study as requiring further research. These include: o Association with Crane Creek Watershed Project in Steele County – Bridges 74549, 74547 and 74546 carrying field entrance roads over Crane Creek (Judicial Ditch #24) o Association with Middle Fork Two Rivers Watershed Project in Kittson County – Bridge 92841 carrying Township Road 267 over the Middle Branch Two Rivers o Association with Hoyt Lake Taconite Plant in St. Louis County – Bridge 7771 carrying CSAH 110 over a channel Meetings with MnDOT’s Cultural Resources Unit (CRU), the Minnesota State Historic Preservation Office (SHPO), the MnDOT Bridge Office and others will be required. The final product will include a final report, inventory forms for all evaluated properties, and GIS data. Project Overview: MnDOT is requesting responses for completion of select bridges built from 1955-1970, in order to effectively manage the Federal Highway Administration (FHWA)-delegated reviews of projects. The first phase of the 1955-1970 bridge study, completed in June 2008, included preparation of a historic context report for bridges constructed in this era and the development of evaluation criteria and integrity considerations to be applied to bridges. MnDOT identified 2,335 bridges from the subject period, and during second phase, hired a consultant to evaluate the eligibility of those structures (completed 2011). The 1,076 culverts built during this period have already been determined as not eligible for listing in the National Register. The study found that 32 bridges were eligible and that 35 required additional work for their possible association with highway corridor development. In addition, during the previous study, it was determined that 102 bridges were inadvertently missed from the study pool, so this current project will include evaluation of those missed structures. Project Goal: The project outcome is to provide recommendations of eligibility for bridges not previously studied from the 1955-1970 era. -2(CSS/CM Reviewed 8/2/2011) Scope of Work and Deliverables: Task 1: Project Management and Kick-off Meeting Correspondence and communication for this project will be directed to State’s Project Manager. The successful responder will communicate with MnDOT, as needed, to obtain information, address concerns, respond to inquiries, review project status or discuss recommendations. The successful responder will submit monthly progress reports and invoices to MnDOT. The successful responder will develop a Project Specific Quality Assurance and Quality Control (QA/QC) Plan and submit it to MnDOT within two days of contract authorization. The successful responder and MnDOT will participate in periodic conference calls and meetings, as needed to review progress, share information and coordinate activities and deliverables. During this task, the successful responder will participate in a kick-off meeting with the Minnesota SHPO, MnDOT and others, as needed. It is assumed that five in-person meetings will be required. Task 2: Evaluation of 102 Bridges During the previous evaluation study, 102 bridges were inadvertently missed from the study pool. The successful responder will prepare a determination of eligibility for these 102 bridges, which are included as “not evaluated” on the attached table. Many of the bridges in this group are skyways or pedestrian bridges over trunk highways or interstates. The successful responder will perform additional research as needed to expand the existing context to help in the evaluation of these types of bridges. Information on each structure will be entered into MnDOT’s Historic Bridge Access Database, which MnDOT will provide to the successful responder, and an inventory form will be completed for each bridge. The successful responder will update the existing Final Evaluation Report and Historic Context, Minnesota Bridges, 1955-1970, by Mead and Hunt 2011 to reflect the results of their study. The successful responder will coordinate with the Minnesota SHPO to obtain inventory numbers for each property. The draft inventory forms will be submitted to MnDOT’s CRU for review and approval, and CRU will submit to the Minnesota SHPO for their review and concurrence. Once MnDOT’s CRU has made a determination regarding the eligibility of the bridges and the Minnesota SHPO has concurred, the successful responder can update the report. The work for this task must be completed by June 30, 2012. The successful responder will complete a Geographic Information System (GIS) shape file and attribute table for these bridges. Task 3: Evaluation of 5 Bridges – Components of a Project or Development During the previously completed study, five bridges were identified that had the potential to be associated with a larger component of a development or project. These bridges are not individually eligible for their engineering under Criterion C. The bridges are: - Association with Crane Creek Watershed Project in Steele County – Bridges 74549, 74547, and 74546 carrying field entrance roads over Crane Creek (Judicial Ditch #24) - Association with Middle Fork Two Rivers Watershed Project in Kittson County – Bridge 92841 carrying Township Road 267 over the Middle Branch Two Rivers - Association with Hoyt Lake Taconite Plant in St. Louis County – Bridge 7771 carrying CSAH 110 over a channel The successful responder will perform a full Phase II evaluation of eligibility on each of these potential districts. Work will include archival research, context development, field investigation and evaluation of eligibility using National Register Criteria. The successful responder will identify preliminary boundaries, major contributing elements, and if the study bridges are contributing elements. An inventory form will be completed for each district and for the study bridges listed above. Information on each structure will be entered into MnDOT’s Historic Bridge Access Database, an inventory form will be completed for each bridge and the successful responder will update the existing Final Evaluation Report and Historic Context, Minnesota Bridges, 1955-1970, by Mead and Hunt 2011 to reflect the results of their study. The successful responder will coordinate with the Minnesota SHPO to obtain inventory numbers for each property. The draft inventory forms will be submitted to MnDOT’s CRU for review and approval and CRU will submit it to the Minnesota SHPO for their review and concurrence. Once MnDOT’s CRU has made a determination regarding the eligibility of the bridges and the Minnesota SHPO has concurred, the successful responder can update the report. -3(CSS/CM Reviewed 8/2/2011) The successful responder will complete a GIS shape file and attribute table for these bridges and/or the larger district. Task 4: Highway Corridors The successful responder will expand the historic context on the development of the state highway system in Minnesota during this era and develop registration criteria and integrity requirements for highways developed during this era. The successful responder will conduct research, write a historic narrative and a perform a preliminary evaluation (including identification of potential features and corridor termini) of the following highway corridors and associated bridges: o Highway 5/100 and Highway 55 near Fort Snelling in Hennepin County o Highway 10 from the Twin Cities to the North Dakota border o Highway 52 from St. Paul to Rochester o Highway 61 from Duluth to Two Harbors o Highway 61 from St. Paul south to the Iowa border o Highway 62 (Crosstown) in Hennepin County from Hwy 494 in Eden Prairie to Highway 55 near the metropolitan airport o Highway 169 from the Iowa border to Virginia. The successful responder will expand the existing context on the state highway system to incorporate the trends and developments identified during the research on these individual segments. The expanded context and narratives, draft criteria and integrity requirements will be submitted to MnDOT’s CRU for review and approval, and MnDOT’s CRU will forward it to the Minnesota SHPO for their review and concurrence. The successful responder will incorporate any changes or comments from MnDOT’s CRU or the Minnesota SHPO. If any of the corridors meet the initial integrity assessment, the successful respondent will apply the criteria for eligibility to one of the corridors, unless none are found to be potentially significant or have sufficient integrity to warrant further work. Information on each bridge structure evaluated within these corridors will be entered into MnDOT’s Historic Bridge Access Database, an inventory form will be completed for each bridge and the successful responder will update the existing Final Evaluation Report and Historic Context, Minnesota Bridges, 1955-1970, by Mead and Hunt 2011 to reflect the results of their study. The successful responder will coordinate with the Minnesota SHPO to obtain inventory numbers for each property. The draft inventory forms will be submitted to MnDOT’s CRU for review and approval, and CRU will submit it to the Minnesota SHPO for their review and concurrence. Once MnDOT’s CRU has made a determination regarding the eligibility of the bridges and the Minnesota SHPO has concurred, the successful responder can update the report. The successful responder will complete a GIS shape file and attribute table for the corridor and each bridge. Task 5: Updating Historic Context Based on the research and context and criteria development performed under Tasks 2, 3 and 4, The successful responder will update the existing Final Evaluation Report and Historic Context, Minnesota Bridges, 1955-1970, by Mead and Hunt 2011 to include the expanded narrative context and criteria. A draft of the updated context will be submitted to MnDOT’s CRU for review and approval. MnDOT’s CRU will submit to the Minnesota SHPO for their review and concurrence. The successful responder will incorporate MnDOT’s CRU and the Minnesota SHPO’s concerns in the final report. Task 6: Completion of Not Eligible Bridge Forms from Previous Survey The successful responder will print out MnDOT’s Bridge Office’s Structure Inventory Forms for bridges determine not eligible in the previous study. These forms will be labeled with the Minnesota SHPO inventory number (to be provided by the MnDOT), the words “Not Eligible” and the citation to the study report. One set of forms will be submitted to MnDOT’s CRU, who will forward it on to the Minnesota SHPO. This task must be completed by February 28, 2012. -4(CSS/CM Reviewed 8/2/2011) Task 7: Draft and Final Evaluation Report The report will include the evaluation of bridges identified in Tasks 2, 3 and 4. The successful responder will update Final Evaluation Report and Historic Context, Minnesota Bridges, 1955-1970, by Mead and Hunt 2011 to include updated historic contexts and results, including the table of eligibility results. The successful responder will submit two copies of the draft report, along with a Word file of the report, to MnDOT’s CRU, who will forward a copy to the Minnesota SHPO for their review and concurrence. MnDOT and the Minnesota SHPO will provide comments within 30 days of receipt. MnDOT and the Minnesota SHPO comments will be addressed in the final report. Up to 20 copies of the final report will be prepared and submitted to MnDOT, along with the Word file and the PDF of the final report. The Access Database and GIS data will also be submitted. Desired Skills: Responder’s must be on MnDOT’s prequalified list for architecture/history and must be able to demonstrate experience researching, evaluating and applying National Register criteria to bridges. Selection Criteria: Representatives of the MnDOT will evaluate all Letters of Interest received by the deadline. In some instances, an interview may be part of the evaluation process. A 100-point scale will be used to create the final evaluation recommendation. The factors and weighting on which Letters of Interest will be judged are: Expressed understanding of project objective and capability to meet project schedule Work plan outline and Project Approach Qualification and Experience of personnel working on the project Qualifications and Experience of company 25% 30% 35% 10% Interested Responders: In order to submit a Letter of Interest, responders must be pre-qualified at the time this Announcement is made available. This project has its own “Official Pre-Qualified Consultant List” that indicates the responders that are eligible to submit for this specific project.** **Please note: If responders are not pre-qualified for all work types needed for a project, they must make arrangements to subcontract with firms that are pre-qualified for those work types. If applicable, the responder must identify, in the letter of interest, their subcontractor and which work type the subcontractor will be completing. If there are no firms listed on the “Official Pre-Qualified Consultant List” for an identified work type(s), the responder may provide the work themselves or they may subcontract with any firm they choose. All Letters of Interest must be mailed (United States Postal Service), expressed (UPS, FedEx or other similar express carrier) or dropped off to the attention of: Ashley Duran, Contract Administrator Minnesota Department of Transportation Consultant Services Section, Mail Stop 680 395 John Ireland Boulevard St. Paul, Minnesota 55155-1800 All responses must be received no later 2:00 p.m. Central Daylight Time on Monday, October 24, 2011. Please note that MnDOT Offices do not allow non-MnDOT employees to have access to the elevators or the stairs. You should plan enough time and follow these instructions for drop-off: Enter through the Rice Street side of the Central Office building (1st Floor). Once you enter through the doors, you should walk straight ahead to the Information Desk. Letters of Interest are accepted at the Information Desk only. The receptionist will call the Contract Administrator to come down and to time stamp the response. -5(CSS/CM Reviewed 8/2/2011) Questions Pre-qualified prospective responders who have any questions regarding this request for Letter of Interest must submit questions by e-mail to: Ashley Duran, Contract Administrator ashley.duran@state.mn.us All questions and answers will be posted on MnDOT’s Consultant Services Web Page at www.dot.state.mn.us/consult under the “P/T Notices” Section. All pre-qualified responders are responsible for checking the web page for any addendums to this Announcement and any questions that have been answered. Questions regarding this Announcement must be received by MnDOT no later than 2:00 p.m. Central Daylight Time on Tuesday, October 18, 2011. MnDOT anticipates posting answers to all questions received by 2:00 p.m. Central Daylight Time on Wednesday, October 19, 2011. No other MnDOT personnel are allowed to discuss this Announcement, before the Letter of Interest submission deadline. Contact regarding this Announcement with any personnel not listed above could result in disqualification. Late Letters of Interest will not be considered. Fax and e-mail responses will not be considered. Responses to this Announcement will be open for public review only in accordance with Minnesota Statutes §13.591. MnDOT Not Obligated To Complete Project This request for Letters of Interest does not obligate MnDOT to award a Contract or complete the project, and MnDOT reserves the right to cancel the solicitation if it is considered to be in its best interest. Disposition of Responses The Letter of Interest will become property of MnDOT and will become public record after the evaluation process is completed and the Contract is executed. Organizational Conflicts of Interest Responders must complete the attached “Conflict of Interest Checklist and Disclosure Form” and submit it along with the response. Soliciting proposals by Disadvantaged Business Enterprises (DBE) The MnDOT Office of Civil Rights has assigned a Race/Gender Neutral Goal to this project. Responders are directed to read the DBE Special Provisions, as posted along with this announcement at www.dot.state.mn.us/consult/ under the “P/T Notices” section. The DBE Special Provisions explains how to comply with the DBE requirements. In particular, see pages one and two regarding documents that a responder must submit with its response. The form required in the response can be found on page 3 of the Special Provisions. To view a listing of certified DBE’s, please contact the MnDOT Office of Civil Rights at 651-366-3073, TTY 651-282-5799, or visit their website at www.dot.state.mn.us/eeocm. E-Verify Certification (In accordance with Minn. Stat. §16C.075) By submission of a proposal for services in excess of $50,000, The successful responder certifies that as of the date of services performed on behalf of the State, The successful responder and all its subcontractors will have implemented or be in the process of implementing the federal E-Verify program for all newly hired employees in the United States who will perform work on behalf of the State. In the event of contract award, The successful responder shall be responsible for collecting all subcontractor certifications and may do so utilizing the E-Verify Subcontractor Certification Form available at http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc. All subcontractor certifications must be kept on file with The successful responder and made available to the State upon request. -6(CSS/CM Reviewed 8/2/2011) Early Retirement Incentive Reemployment Prohibition Laws of Minnesota 2010, Chapter 337, Subdivision 5, provided an early retirement incentive to some State of Minnesota employees. The law provides that an individual who received an early retirement incentive payment may not be hired as a consultant by any agency or entity that participates in the State Employee Group Insurance Program for a period of three years after termination of service. By submitting a response under this announcement, the responder certifies that it will not utilize any former state employee in the performance of a contract who received an retirement incentive payment under Laws of Minnesota 2010, Chapter 337, unless three years have passed from the date of the employee’s separation from state service. Letter of Interest Format The Letter of Interest must follow the format below and must not exceed five, single-sided pages, with no smaller than 11 point font. If a responders Letter of Interest exceeds five pages, any pages following the fifth (regardless of what content those pages include) will be removed from the Letter of Interest (Note: the “Location of Service Disclosure and Certification Form”, the “Conflict of Interest Checklist and Disclosure Form” and the “Immigration Status Certification Form” will not be included as part of the five page limit): 1. Responder’s company name, business address, the contact person’s name, telephone number, fax number and e-mail address. 2. Confirm that the responder, and if applicable, its subcontractors are pre-qualified for the above listed work type(s). 3. List the key personnel that would be assigned to the project and what roles and responsibilities they will have. 4. List the current projects/workload for the proposed key personnel and the expected completion dates of those projects. For each key personnel, indicate the percentage of their time allocated to those current projects and the percentage of their time available to work on this project. 5. Provide a statement that demonstrates responders understanding of project. 6. Provide a work plan outline and Project Approach and affirm the responder’s ability to provide the services within the identified time frame. 7. Provide any other information, not included in the submitted Pre-Qualification Packet, which would be relevant to this project and assist MnDOT in making a selection. 8. Submit all required forms. 9. Provide the following statement and signature: I hereby certify that I am a duly authorized representative of the Company and that the information contained within this Letter of Interest is current, true and correct to the best of my knowledge. I hereby authorize and request any person, agency or firm to furnish any pertinent information requested by MnDOT deemed necessary to verify the statements made in this application. (Signature) (Title) (Date) -7(CSS/CM Reviewed 8/2/2011) CONFLICT OF INTEREST CHECKLIST AND DISCLOSURE FORM Purpose of this Checklist. This checklist is provided to assist proposers in screening for potential organizational conflicts of interest. The checklist is for the internal use of proposers and does not need to be submitted to MnDOT, however, the Disclosure of Potential Conflict of Interest form should be submitted in a separate envelope along with your response. Definition of “Proposer”. As used herein, the word “Proposer” includes both the prime the successful responder and all proposed subcontractors. Checklist is Not Exclusive. Please note that this checklist serves as a guide only, and that there may be additional potential conflict situations not covered by this checklist. If a proposer determines a potential conflict of interest exists that is not covered by this checklist, that potential conflict must still be disclosed. Use of the Disclosure Form. A proposer must complete the attached disclosure form and submit it with their Response (or separately as directed by MnDOT for projects not awarded through a competitive solicitation). If a proposer determines a potential conflict of interest exists, it must disclose the potential conflict to MnDOT; however, such a disclosure will not necessarily disqualify a proposer from being awarded a Contract. To avoid any unfair “taint” of the selection process, the disclosure form should be provided separate from the bound response, and it will not be provided to selection committee members. MnDOT Contract Management personnel will review the disclosure and the appropriateness of the proposed mitigation measures to determine if the proposer may be awarded the contract notwithstanding the potential conflict. MnDOT Contract Management personnel may consult with MnDOT’s Project Manager and Department of Administration personnel. By statute, resolution of conflict of interest issues is ultimately at the sole discretion of the Commissioner of Administration. Material Representation. The proposer is required to submit the attached disclosure form either declaring, to the best of its knowledge and belief, either that no potential conflict exists, or identifying potential conflicts and proposing remedial measures to ameliorate such conflict. The proposer must also update conflict information if such information changes after the submission of the response. Information provided on the form will constitute a material representation as to the award of this Contract. MnDOT reserves the right to cancel or amend the resulting contract if the successful proposer failed to disclose a potential conflict, which it knew or should have known about, or if the proposer provided information on the disclosure form that is materially false or misleading. Approach to Reviewing Potential Conflicts. MnDOT recognizes that proposer’s must maintain business relations with other public and private sector entities in order to continue as viable businesses. MnDOT will take this reality into account as it evaluates the appropriateness of proposed measures to mitigate potential conflicts. It is not MnDOT’s intent to disqualify proposers based merely on the existence of a business relationship with another entity, but rather only when such relationship causes a conflict that potentially impairs the proposer’s ability to provide objective advice to MnDOT. MnDOT would seek to disqualify proposers only in those cases where a potential conflict cannot be adequately mitigated. Nevertheless, MnDOT must follow statutory guidance on Organizational Conflicts of Interest. Statutory Guidance. Minnesota Statutes §16C.02, subd. 10 (a) places limits on state agencies ability to contract with entities having an “Organizational Conflict of Interest”. For purposes of this checklist and disclosure requirement, the term “Vendor” includes “Proposer” as defined above. Pursuant to such statute, “Organizational Conflict of Interest” means that because of existing or planned activities or because of relationships with other persons: (1) the vendor is unable or potentially unable to render impartial assistance or advice to the state; (2) the vendor’s objectivity in performing the contract work is or might otherwise be impaired; or (3) the vendor has an unfair advantage. Additional Guidance for Professionals Licensed by the Minnesota Board of Engineering. The Minnesota Board of Engineering has established conflict of interest rules applicable to those professionals licensed by the Board (see Minnesota Rules part 1805.0300) Subpart 1 of the rule provides “A licensee shall avoid accepting a commission where duty to the client or the public would conflict with the personal interest of the licensee or the interest of another client. Prior to accepting such employment the licensee shall disclose to a prospective client such facts as may give rise to a conflict of interest”. -8(CSS/CM Reviewed 8/2/2011) An organizational conflict of interest may exist in any of the following cases: The proposer, or its principals, own real property in a location where there may be a positive or adverse impact on the value of such property based on the recommendations, designs, appraisals, or other deliverables required by this Contract. The proposer is providing services to another governmental or private entity and the proposer knows or has reason to believe, that entity’s interests are, or may be, adverse to the state’s interests with respect to the specific project covered by this contract. Comment: the mere existence of a business relationship with another entity would not ordinarily need to be disclosed. Rather, this focuses on the nature of services commissioned by the other entity. For example, it would not be appropriate to propose on a MnDOT project if a local government has also retained the proposer for the purpose of persuading MnDOT to stop or alter the project plans. The Contract is for right-of-way acquisition services or related services (e.g. geotechnical exploration) and the proposer has an existing business relationship with a governmental or private entity that owns property to be acquired pursuant to the Contract. The proposer is providing real estate or design services to a private entity, including but not limited to developers, whom the proposer knows or has good reason to believe, own or are planning to purchase property affected by the project covered by this Contract, when the value or potential uses of such property may be affected by the proposer’s performance of work pursuant to this Contract. “Property affected by the project” includes property that is in, adjacent to, or in reasonable proximity to current or potential right-of-way for the project. The value or potential uses of the private entity’s property may be affected by the proposer’s work pursuant to the Contract when such work involves providing recommendations for right-of-way acquisition, access control, and the design or location of frontage roads and interchanges. Comment: this provision does not presume proposers know or have a duty to inquire as to all of the business objectives of their clients. Rather, it seeks the disclosure of information regarding cases where the proposer has reason to believe that its performance of work under this contract may materially affect the value or viability of a project it is performing for the other entity. The proposer has a business arrangement with a current MnDOT employee or immediate family member of such employee, including promised future employment of such person, or a subcontracting arrangement with such person, when such arrangement is contingent on the proposer being awarded this Contract. This item does not apply to preexisting employment of current or former MnDOT employees, or their immediate family members. Comment: this provision is not intended to supercede any MnDOT policies applicable to its own employees accepting outside employment. This provision is intended to focus on identifying situations where promises of employment have been made contingent on the outcome of this particular procurement. It is intended to avoid a situation where a proposer may have unfair access to “inside” information. The proposer has, in previous work for the state, been given access to “data” relevant to this procurement or this project that is classified as “private” or “nonpublic” under the Minnesota Government Data Practices Act, and such data potentially provides the proposer with an unfair advantage in preparing a response for this project. Comment: this provision will not, for example, necessarily disqualify a proposer who performed some preliminary work from obtaining a final design Contract, especially when the results of such previous work are public data available to all other proposers. Rather, it attempts to avoid an “unfair advantage” when such information cannot be provided to other potential proposers. Definitions of “government data”, “public data”, “non-public data” and “private data” can be found in Minnesota Statutes Chapter 13. The proposer has, in previous work for the state, helped create the “ground rules” for this solicitation by performing work such as: writing this solicitation, or preparing evaluation criteria or evaluation guides for this solicitation. The proposer, or any of its principals, because of any current or planned business arrangement, investment interest, or ownership interest in any other business, may be unable to provide objective advice to the state. -9(CSS/CM Reviewed 8/2/2011) DISCLOSURE OF POTENTIAL CONFLICT OF INTEREST Having had the opportunity to review the Organizational Conflict of Interest Checklist, the proposer hereby indicates that it has, to the best of its knowledge and belief: ____ Determined that no potential organizational conflict of interest exists. ____ Determined a potential organizational conflict of interest as follows: Describe nature of potential conflict: Describe measures proposed to mitigate the potential conflict: ______________ Date Signature If a potential conflict has been identified, please provide name and phone number for a contact person authorized to discuss this disclosure form with MnDOT contract personnel. ______________ Phone Name - 10 (CSS/CM Reviewed 8/2/2011)