Exhibit A – Scope of Work and Deliverables

Introduction

Contractor will work with State as the Design Build Verification Consultant (DBVC) for two Design Build projects: SP 6280-353 TH 35E Maryland Bridge, and SP 2722-81 TH 55. Contractor will provide environmental compliance, and contract administration for the Project. The goal of the Design Build Verification Team is to provide oversight of the design and construction of the project by verifying the Contractor’s compliance with Contract documents.

This Contract will be paid with two different sources of funds, e.g. one funding source for each of the two projects. The Contractor’s proposal and invoices shall itemize the amount spent on each project.

The DBVC will augment MnDOT’s staff to accomplish this goal. Specific tasks included in this Scope of Work are summarized below:

Task 1 – Contract Administration

The work described under Task 1 Contract Administration will apply to both projects SP 2722-81, and SP 6280-353. It is estimated that the Contractor will divide their time between these projects as follows:

  • SP 2722-81: 1/3 time
  • SP 6280-353: 2/3 time

All record keeping and documentation will be in accordance with standard State procedures, formats and content.

Contractor will provide the following position:

  • Administrative Support/Document Management

Contractor will assist in the performance of Contract Administration services necessary to assure that proper coordination of the activities of all parties involved in accomplishing completion of the project; to maintain complete, accurate records of all activities and events relating to the projects; to properly document all significant changes to the projects; and to maintain an adequate level of surveillance of the Design-Build Contractor’s activities.

Specific Administration Support / Document Management tasks include:

This position will assist the MnDOT Project Manager with the document management and administrative support. MnDOT will use TRACS to manage document control on the project. Responsibilities include, but are not limited to the following:

  • maintaining the MnDOT document management system in TRACS
  • provide miscellaneous administration support activities (e.g. drafting and reviewing letters, filing, copying)
  • coordinating document control items with the contractor’s document control manager
  • Serve as Compliance Officer to ensure Contactor’s compliance with Contract requirements, including Equal Employment Opportunity (EEO) Affirmative Action plans and Disadvantaged Business Enterprise (DBE) requirements.
  • Proper documentation of significant changes to a project.
  • Processing Change Order documents.
  • Assist MnDOT in preparing for dispute resolution or litigation regarding the Project.
  • Monitor the Design-Build Contractor’s compliance with contract provisions in regard to payment of predetermined wage rates in accordance with MnDOTprocedures. This includes Design-Build Contractorcompliance.

The Administration Support / Document Manager will be co-located with the MnDOT Project Manager’s. They will be located atMnDOT’s Mendota Heights Office, 2229 Pilot Knob Road, Mendota Heights, MN 55120. MnDOT will provide office space and a computer. It is predicted that this person will need to attend weekly project coordination meetings for SP 2722-81 at MnDOT’s Golden Valley Office located at 2055 N. Lilac Drive, Golden Valley, MN 55422.

The time commitment is expected to be as follows, give or take 2 weeks, and which may be adjusted according to the Flexible Workforce requirements under Task 4 Project Management:

April 15, 2012 to Nov.16, 2012: Full time.

Task 2 – Environmental Compliance

The work described under Task 2 Environmental Compliance will apply to both projects SP 2722-81, and SP 6280-353. It is estimated that the Contractor will divide their time between these projects as follows:

  • SP 2722-81: 1/5 time
  • SP 6280-353: 4/5 time

Contractor will provide the following position:

  • Environmental Compliance Manager

The Environmental Compliance Manager will be co-located with the MnDOT Project Manager’s. They will be located at MnDOT’s Mendota Heights Office, 2229 Pilot Knob Road, Mendota Heights, MN 55120. MnDOT will provide office space and a computer. It is predicted that this person will need to attend weekly project coordination meetings for SP 2722-81 at MnDOT’s Golden Valley Office located at 2055 N. Lilac Drive, Golden Valley, MN 55422.

The time commitment is expected to be as follows, give or take 2 weeks, and which may be adjusted according to the Flexible Workforce requirements under Task 4 Project Management:

April 15, 2012 to June 1, 2012: Full Time.

June 6 to Nov. 15, 2012: Part Time.

Specific Environmental Compliance Manager tasks include (full time during design, half-time during construction):

This position will serve as liaison between Mn/DOT project staff, Mn/DOT’s Office of Environmental Services, the Contractor’s Environmental Team, and other agency stakeholders for the environmental matters on the project. This position will collaborate with the Contractor and review/verify that all required environmental permits have been obtained by the Contractor for the performance of work, and that obligations of permits/approvals are being met. This position will review and provide comments to the Contractor’s Environmental Protection Training Program. Included in this task will be as-needed participation in the training program to provide clarification and understanding of Mn/DOT’s environmental goals and policies. This position will review and provide comments to the Contractor’s proposed mitigative measures for all areas of environmental concern impacted by the Project. This position will review and provide comments to the Contractor submittals, including but not limited to:

  • Contaminated materials management plans
  • Contaminated groundwater dewatering plans
  • Spill containment plans
  • Wetland and floodplain mitigation plans
  • Storm water pollution prevention plans
  • Cultural resource surveys
  • Contaminated soil and groundwater documentation reports
  • NPDES inspections and reports
  • Weekly/monthly environmental monitoring

Other Services

The State reserves the right to amend this contract to include the following services, if deemed necessary.

Contractor, upon written authorization from State’s Project Manager, will perform additional Design-Build verification related services as may be required by State. The following items may be required by State to supplement the Contractor’s services for the Project. Fees for such services will be negotiated and a contract amendment executed.

  • Contractor will, upon written request, assist State in preparing documents for arbitration hearings or litigation that occur after the basic Contract Administration services are complete, in connection with the Project.
  • Contractor will, upon written request from State, provide qualified professionals to serve as engineering witnesses, provides exhibits, and otherwise assist State in any litigation or hearing in connection with the Design-Build Contract.
  • The DBVC will, upon written request by MnDOT, provide on/off site project related inspection services, above those specified in this Scope of Work.
  • Design and Construction Claims

Claim resolution and/or containment of exposure are most efficient at the time of occurrence. It is prudent policy that all discrepancies that have an impact on the Project and that are incurred by the Design-Build Contractor be dealt with immediately.

On an as-needed basis, Contractor will perform discovery of documentation involved in any claim filed by the Design-Build Contractor providing claim defense strategy for State to use in resolution of the claim.

If a discrepancy cannot be resolved and the Design-Build Contractor files a claim, Contractor will provide complete documentation and schedule and planning data conclusive for counsel’s use and defense procedures. If necessary, Contractor will act as an expert witness in defense of claims for State.

  • Post-Construction Claims Review

In the event the Design-Build Contractor for the Project submits a claim for additional compensation and/or time after Contractor has completed its contract, Contractor will, upon written request from State, analyze the claim, prepare a recommendation to State’s Project Manager covering validity and reasonableness of charges and/or assist in negotiations leading to settlement of the claim.

Task 3 – Project Management

The DBVC will report to the State Project Manager so that all procedures and practices are being executed uniformly and consistently between both Design Build projects.

Both Design-Build projects have a Design-Build Project Manager (DBPM) for that project. The DBVC will report to each DBPM of each project to carry out the duties required for that specific project.

In addition to formal and informal communication with the rest of the Design Build staff, Contractor’s Team Project Manager will hold separate weekly meetings for each Design-Build project with each DBPM, the Project Manager, and Contractor staff to discuss work in progress, upcoming activity, staff and other resource needs, and any other issues that may exist.

Contractor will continuously look ahead to fully understand what type of staff are needed and in what numbers. Contractor will provide a flexible work force so that only those staff that can be fully utilized during any given project activity are present and “on the clock”.

Contractor will continuously monitor all activity to ensure that all work carried out is within the agreed scope and completed with resources that can complete the work as budgeted. In the event it becomes necessary to complete work outside the original scope of work, the Contractor’sProject Manager will notify State’s Project Manager immediately before proceeding. No work outside the original scope will be done without a fully executed contract amendment.

Contractor will submit budget and progress reports to State’s Project Manager each month. These reports will include estimated percent complete as well as comparisons of actual hours and costs versus the budget. The monthly budget and progress reports will clearly separate the hours worked on each of the Design-Build projects, so that MnDOT can pay for the hours expended on each project from different funding sources.

In addition to the monthly progress reports, we will use a project s-curve to graphically depict a summary of the budget status. The project s-curve shows how the project budget is projected to be used over the life of the project and compares actual expenditure versus the budget.

Contractor’s work schedule will be dictated by the Design Builder’s schedule for design and construction. Contractor will monitor their schedule by attending their monthly schedule meetings and reviewing the monthly schedule updates.

Contractor will periodically perform quality audits and solicit feedback from State’s Project Manager and members of the Executive Team to assess whether all services meet or exceed the requirements of the project. If needed, Contractor will direct changes to personnel and/or procedures to correct identified deficiencies and implement opportunities for improvements.

The DBVC will provide coordination of all activities, correspondence, reports and other communications related to its responsibilities for this Project.

The DBVC will be advised of the official notice of award of the Design-Build Contract and will be ready to fully staff all personnel except bridge and roadway inspectors for the project within one week after notification. No personnel will be assigned until written notification by the MnDOT Project Manager has been issued.

If the Design-Build Contract is suspended for any reason, the DBVC’s forces will be adjusted to correspond with the type of cessation, either complete or partial suspension.

Cooperation and Performance of the DBVC: During the life of the Project, the MnDOT Project Manager will conduct reviews of the various phases of the DBVC’soperations.

Reviews will be conducted in accordance with established MnDOTpolicy on work phases to determine compliance and the sufficiency with which procedures are being effectively applied to assure that the design reviews, construction work and administrative activities are being performed in substantial conformity with MnDOT policies, plans, specifications, and contract provisions. The DBVCwill cooperate and assist the MnDOT Project Manager, or his representative(s), in the conduct of the reviews.

When deficiencies are indicated in a review, remedial action will be immediately implemented by the DBVC in conformance with the MnDOT Project Manager’s recommendations. The MnDOT Project Manager’s remedial recommendations and the DBVC’s actions will be properly documented by the MnDOT Project Manager. In general, remedial action will be required commensurate with the degree and nature of the deficiencies cited. Additional compensation will not be allowed for remedial action taken to correct deficiencies by the DBVC.Remedial actions may include any or all of, but are not necessarily limited to, the following actions:

  • Further subdivide assigned design review or construction verification responsibilities, reassign design review or construction verification personnel or assign additional personnel. The DBVC will comply with this action within 24 hours of notification by the MnDOT Project Manager.
  • Replace personnel whose performance has been determined by the MnDOT Project Manager to be inadequate. When directed by the MnDOT Project Manager, any person whose performance has been determined to be unsatisfactory will be immediately removed.

Summary of Services to be performed by the DBVC

  1. Attend any conferences or meetings necessary for close coordination during day-to-day progress of the work or as required to carry out the Project.
  2. Become familiar with the standard design and construction practices of MnDOT, the Design-Build RFP, and the Design-Build Contractor’s proposed schedule of operations prior to beginning design review services under the Project.
  3. Assign a sufficient number of technically qualified and experienced personnel to the Project to perform the services described in this RFP in a timely manner to avoid delay to the Design-Build Contractor.
  4. Notify the MnDOT Project Manager immediately of any unanticipated project conditions.
  5. Withdraw any personnel or halt any services no longer required, at the request of MnDOT, or within a reasonable time after the lack of need becomes apparent to the DBVC.
  6. Provide for DBVC personnel transportation, supplies, materials and incidentals as are needed to accomplish the services described in this RFP.
  7. Provide design and environmental review services as needed during all pertinent construction activities. The DBVC staff will be required to co-house with MnDOT staff and the Design-Build Contractor’s staff.
  8. Maintain a record of design submittals, approvals, changes, and modifications using TRACS.
  9. Prepare and submit such periodic, intermediate and final data and records as may be required by MnDOTand as are applicable to the Project.
  10. Collect, properly label or identify, and deliver to MnDOT all original calculations, drawing and sketches, electronic design files, records, reports, and other documents prepared by the DBVC in the performance of the work as described in this RFP upon completion or termination of the Project.
  11. Analyze changes to the plans, specifications or contract provisions and extra work, which appear to be necessary to carry out the intent of the Project. When it is determined that a change or extra work is necessary, the DBVC will make recommendations to the MnDOT Project Manager for approval.
  12. Assist appropriate MnDOT offices in preparing for arbitration hearings or litigation that may occur during the DBVC’s contract time in connection with the Project.
  13. Perform systematic and independent examinations to determine whether the Design-Build Contractor’s quality activities and related results comply with planned arrangements, including the Design-Build RFP, are implemented effectively, and are suitable to achieve the project objectives.
  14. Assist in reviewing, coordinating and processing contractor Partial Estimate pay vouchers.
  15. Maintain a complete log of all submittals of shop drawings, noting the dates of first submittal and subsequent reviews and re-submittals, approvals, etc. The DBVCwill actively encourage all reviewers to accomplish reviews promptly. Shop drawings will also include any manuals or similar documents outlining proposed construction procedures submitted by the Design-Build Contractor.
  16. To prevent delays in the Design-Build Contractor’s operations, promptly check and review plans, calculations, and specifications, produce reports, and/or write communications.
  17. When requested: assist the MnDOT Project Manager with preparing contract Change Orders. Analyze the extent of the change and prepare an estimate of the cost and time change; negotiate the contract change with the Design-Build Contractor and draft the Change Order.
  18. In the event that the Design-Build Contractor for the Project submits a claim for additional compensation, analyze the submittal and prepare a recommendation to the MnDOT Project Managercovering validity and reasonableness of charges and conduct negotiations leading to recommendations for settlement of the claim. Maintain complete and accurate records of work involved in claims.
  19. In the event that the Design-Build Contractor gives notice, either written or verbal, that it deems certain work to be performed is beyond the scope of the Design-Build Contract and it intends to claim additional compensation, the DBVC will maintain accurate records of the costs involved in such work. These records will include manpower and equipment times and materials installed (temporary or permanent) in the portion of the work in dispute.
  20. In the event that the Design-Build Contractor for the project submits a request for extension of the allowable contract time, analyze the request and prepare a recommendation to the MnDOT Project Manager covering accuracy of statements and the actual effect of delaying factors on completion of controlling work items when requested by MnDOT.
  21. Monitor the Project to the extent necessary to determine whether construction activities violate the requirements of any permits or environmental requirements. Notify the Design-Build Contractor of any violations or potential violations and require its immediate resolution of the problem. Violations must be reported to the MnDOT Project Manager immediately.
  22. Perform field operations in accordance with OSHA regulations and accepted safety practices.
  23. To prevent delays in the Design-Build Contractor’s operations, promptly produce reports, verify quantity calculations and/or written communications.
  24. Collect, properly label or identify, and deliver to MnDOT all original diaries, logs, notebooks, accounts, records, reports, and other documents prepared by the DBVC in the performance of the work described in this RFP.
  25. Record all dairies, logs, material testing results and records in MnDOT’s TRACS system.
  26. All testing equipment used by the DBVC will be calibrated at least once per year, or at the specified intervals, in accordance with MnDOT’s Laboratory, Bituminous, Concrete and Grading and Base Manuals.
  27. No provisional certifications will be allowed for testing procedures.
  28. Videotape the pre-construction conditions throughout the project limits. Provide a digital photo log of Project activities, with heavy emphasis on potential claim items/issues and on areas of real/potential public controversy.
  29. All services will be coordinated through the MnDOT Project Manager.

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