Request for Qualifications: Enforcement Awareness ProgramRequest for Qualifications: Enforcement Awareness Program

Request for Qualifications: Enforcement Awareness Program

Addendum #1 to Transit for Livable Communities Bike Walk Twin Cities Program Request for Qualifications for Enforcement Awareness Program - Posted January 13, 2011

Dated:  December 27, 2010

A qualified respondent should review the attached specifications and submit five (5) copies, plus one unbound original and one electronic copy of its proposal no later than 12:00 p.m. Central Daylight Time (noon) on January  28, 2011 to:


Steve Clark

Walking and Bicycling Program Manager

Transit for Livable Communities

626 Selby Avenue

St. Paul, MN 55104



Questions regarding this proposal must be in writing and addressed to Steve Clark at the above address or via email at stevec@tlcminnesota.org or fax at 651-767-9831 no later than January 11, 2011 at 2:00 p.m.



I.            Introduction

  1. Description of Issuing Agency.

Transit for Livable Communities is the issuing agency for the Request for Qualifications (RFQ). Transit for Livable Communities is a non-profit organization that works to improve the quality of life in Minnesota communities through a balanced transportation system that encourages transit, walking, biking, and transit-oriented development.

  1. Questions:  All questions regarding this proposal must be in writing (by letter, e-mail or fax) and received by Steve Clark, TLC, 626 Selby Avenue, St. Paul, MN 55104, 651-767-9831(fax) or e-mail address stevec@tlcminnesota.org no later than January 11, 2011  at 2:00 p.m. Any TLC changes or clarifications to this RFQ will be made by written addendum and posted at www.bikewalktwincities.org. Proposers are responsible for consulting the website for addenda. No verbal modification or clarification will be binding.
  2. Term of Contract.

The term of the contract to be awarded under this RFQ is anticipated to be February 21, 2011 through February 28, 2012.

  1. RFQ Contents.

The RFQ contains the following sections:

I.           Introduction

II.         Project Background

III.       Scope of Services

IV.       Instructions to Proposers

V.         Evaluation of Proposals

VI.       Contract Terms and Conditions


Attachment 1:      MnDOT Pre-award Audit Information Request (completed by successful proposer after selection and prior to contract execution)

Attachment 2:      Insurance Requirements

Attachment 3:      Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion

Attachment 4:      Affidavit of Non-collusion

Attachment 5:      Conflict of Interest Disclosure Form

Attachment 6:      Race Gender Neutral Goal

II.            Project Background

  1. Non-Motorized Transportation Pilot Project (NTP) Federal Program Overview.

The federal transportation bill (SAFETEA-LU) enacted in the summer of 2005 authorized a Non-Motorized Transportation Pilot Program in four communities - Minneapolis/adjoining communities in Minnesota; Sheboygan County, Wisconsin; Marin County, California, and Columbia, Missouri.

The program funds are being used to build a network of non-motorized transportation facilities, including sidewalks, bicycle lanes, and pedestrian and bicycle trails, that directly connect  with transit stops, schools, residences, businesses, recreation areas, and other community activity centers. The program will evaluate how these infrastructure improvements, combined with planning, public education, and promotion, can increase the number of people bicycling and walking and reduce driving. 

The four communities will also study the impact of these investments on traffic congestion, energy use, health, and the environment. Results will provide information to other communities and provide information for future federal transportation bills.


  1. Minnesota Program Overview.

In the 2005 federal transportation bill, the United States Congress designated Transit for Livable Communities as the administrator of the NTP program in Minnesota.

Transit for Livable Communities is using a number of different strategies to implement the NTP program in the pilot area. These strategies include providing grants to municipalities for infrastructure improvements and implementing an education and promotional effort. The Enforcement Awareness Program work described in this RFQ is part of the educational and promotional efforts. TLC has branded its NTP program as Bike Walk Twin Cities. More information on Bike Walk Twin Cities can be found at www.bikewalktwincities.org.


  1. Project  Background and Goal

The scope of service for this RFQ is to work in cooperation with Transit for Livable Communities and the City of St. Paul to develop and implement a model enforcement and safety awareness program. This will be implemented initially in the City of St. Paul to better protect pedestrians and bicyclists, especially at intersections, in a way that can be replicated in other communities in the area. The desired outcome of this initiative is to reduce the number of pedestrians and bicycle related crashes.


The program and program components developed through this contract will be well documented, measured, and piloted and therefore transferrable to other jurisdictions throughout the nation.


It is the goal of the NTP project to increase walking and bicycling in Minneapolis and surrounding communities, including the City of St. Paul.  Studies indicate that a major barrier to increased walking and bicycling is the perception that these activities are often unsafe due to 1) the number of motor vehicles, and/or, 2) the behavior of vehicle operators.  The project seeks to develop a model enforcement and education program that would increase awareness and observance of traffic laws and better protect the rights of pedestrians and bicyclists through the following strategies:

1)      Presentations delivered to city employees and other employers' fleet vehicle drivers to encourage model travel behavior.

2)      Training of law enforcement personnel on bicycle and pedestrian traffic law and causes of crashes.

3)      Selective enforcement campaign focusing on crosswalk safety; cyclists and motorists ticketed for violating the rights of pedestrians.

4)      Selective enforcement campaign aimed at reducing the major causes of crashes between cyclists/motor vehicles and pedestrians/motor vehicles.

5)      Development of an incentive program aimed at encouraging law-abiding behavior.

6)      Media events and campaigns to further increase awareness among general public.


Activities to achieve these goals will be implemented by TLC, its partners and its vendors.  Proposers should refer to the scope of work in Section III for the specific work activities sought through this Request for Qualifications.


  1. Project Funding and Budget

The requested Contractor services in this RFQ will be funded through Federal Highway Administration's Non-Motorized Transportation Pilot Program funds. The administration of these funds also involves the Minnesota Department of Transportation and the City of Minneapolis as fiscal agent to TLC. Federal and state funding guidelines require that among other requirements, the Proposer who is selected for the project complete a pre-award audit that is used to negotiate the contractor's compensation as described in Attachment 1.  Additionally, there are specific insurance requirements as described in Attachment 2.

TLC has budgeted $49,500 for this Project. This RFQ does not obligate TLC to expend the budgeted amount.

III.            Scope of Services

TLC anticipates contracting with a single firm or individual to assist with the development and implementation of the Enforcement Awareness Program.  Proposers wishing to team should do so as described in Section IV g. Joint Offers.


The general scope of work for the chosen consultant includes:

1.         Work with TLC and TLC's communications staff and consultants to advise and assist in the development and implementation of internal communications and strategies aimed at City employees with emphasis for those who regularly drive city vehicles, including but not limited to Police, Fire, Department of Safety and Inspections, Public Works, and Parks and Recreation.


2.         Work with TLC and TLC's communications staff and consultants to advise and assist in the development and implementation of external communications and strategies aimed at residents and businesses to increase awareness of pedestrian safety as a priority within the city of St. Paul.


3.         Work with TLC to create a program and/or strategies that can serve as a model for other communities.


The specific scope of work for the chosen consultant includes:

  1. Participate in at least three meetings that will include representatives from the police department, public works, city council and mayor's office to determine time line, communication, training and enforcement strategies;
  2. Deliver at least one presentation to city employees;
  3. Advise on the development of a training video that can be used in lieu of "live" presentations; (video production will be procured outside of this RFQ)
  4. Review and analyze most recent St. Paul crash data and develop talking points for city officials involved in media and public relations;
  5. Develop or modify videos, PSAs and other communication tools customized for City of St. Paul staff, visitors and residents;
  6. Help shape and participate in at least one media event and be accessible to media representatives as a topic matter expert regarding safety and enforcement.
  7. Develop materials for and deliver a training course for law enforcement personnel (St. Paul and neighboring police departments);
  8. Suggest and help implement selective enforcement program at key intersections for a specific period of time.
  9. Determine best parameters for program evaluation and participate in initial data collection efforts;
  10. Provide a final report documenting the program activities and results and written documentation as needed for program transferability.


IV.            Instructions to Proposers

a.      Submittal of Proposals.

Submit all proposals to Steve Clark, at Transit for Livable Communities, Attention: Mr. Steve Clark, 626 Selby Avenue, Saint Paul, MN 55104. All proposals must be received no later than noon central daylight time on January 28, 2011. Proposals received after this time may be rejected. Transit for Livable Communities, in its sole discretion reserves the right to accept or reject any or all proposals. Proposers shall submit the proposal in a sealed package addressed as noted above, bearing Proposer's name, address, and clearly marked as follows: Response to RFQ for Enforcement Awareness Program.

TLC plans to select a consultant in accordance with the following schedule:

Issue Request for Qualifications                                             December 27, 2010

Questions due, 2:00 p.m.                                                        January 11, 2011

Proposals due, 12:00 p.m. Central Time (noon)                     January 28, 2011

Interviews, if needed                                                              Week of February 7, 2011

TLC selection of proposer                                                       February 15, 2011

Pre-award audit and contract execution target date                        February 28, 2011

b.      Examination of Proposal Documents.

By submitting a proposal, the Proposer represents that it has thoroughly examined and become familiar with the work required under this RFQ and that the Proposer is capable of performing quality work to achieve the TLC's objectives.

e.      Addenda/Clarifications

        Any TLC changes or clarifications to this RFQ will be posted on www.bikewalktwincities.org, and at TLC's discretion, made by written addendum by letter, email or fax.  Proposers are responsible for regularly checking the website for addenda or modifications. No verbal modification or clarification will be binding.

  1. Pre-Contractual Expenses

        Pre-contractual expenses are defined as expenses incurred by the Proposer in: (1) preparing its proposal in response to this RFQ; (2) submitting that proposal to TLC; (3) negotiating with the TLC any matter related to this proposal; or (4) any other expenses incurred by the Proposer prior to the date of execution of the proposed Agreement, including the completion of a pre-award audit for the successful proposer.


        TLC shall not, in any event, be liable for any pre-contractual expenses incurred by the Proposers in the preparation of their proposals.  Proposers shall not include any such expenses as part of their proposals.


  1. Joint Offers

Where two or more consultants desire to submit a single proposal in response to this RFQ, they should do so on a prime-subcontractor basis rather than as a joint venture.  The TLC intends to contract with a single firm and not with multiple firms doing business as a joint venture.

  1. Contact Person.

The Contractor's sole point of contact for this proposal is Steve Clark, Walking and Bicycling Program Manager, Transit for Livable Communities. No contact regarding this RFQ is to be made with other staff or board members of Transit for Livable Communities or with the City of St. Paul.  Steve Clark can be reached via email at stevec@tlcminnesota.org, via phone at 651-767-0298 ext. 119, via fax at 651-221-9831, and via U.S. mail at 626 Selby Avenue, St. Paul, MN 55104. Questions about this proposal should be submitted in writing.

i.        Proposal format

Proposals shall be prepared two-sided on 8-1/2" X 11" paper.  Five copies plus one unbound original are to be submitted and an electronic copy.  Index the proposal and sequentially number all pages throughout or by section.  Binders and covers will be at the Proposer's discretion.  The proposal should be clear and understandable when reproduced in black and white.  Examples of the Proposers' work products need not conform to the 8-1/2" X 11" paper requirement.  If the Proposer does not have five copies of their example work products available, the Proposer should clearly state that the examples are attached to the original unbound proposal.  All text and exhibits should be succinct and relevant to the RFQ requirements.  Proposal length shall be at the Proposer's discretion.

  1. Proposal Organization and Contents

        The proposal must be a concise and well-organized description of the Proposer's qualifications and be responsive to the requirements of this RFQ.  The response must address each topic in the order listed in the Section IV.l. 1- 12:  Consultant's Proposal of the RFQ.

k.      TLC's Rights

TLC may investigate the qualifications of any Proposer under consideration, require confirmation of information furnished by Proposer, and require additional evidence of qualifications to perform the work described in this RFQ.  TLC reserves the right to:

  • Reject any or all proposals
  • Cancel the entire Request for Qualifications.
  • Issue a subsequent Request for Qualifications.
  • Remedy technical errors in the Request for Qualifications process.
  • Waive any defects or technicalities in the proposal.
  • Appoint evaluation committees to review proposals.
  • Establish a short list of Proposers eligible for interview after evaluation of written proposals.
  • Negotiate with the Proposer that TLC determines is most qualified. Failing agreement on price, negotiate with the next most qualified Proposer until a contract award can be made to the most qualified Proposer whose price is fair and reasonable to TLC.
  • Reject and replace one or more subcontractors.


This RFQ does not commit TLC to enter into a contract, nor does it obligate TLC to pay for any costs incurred in preparation and submission of proposals or in anticipation of a contract.

l.        Consultant's Proposal

The Consultant's proposal must contain and clearly identify the following elements.

1.      Letter of Transmittal.

Address the letter of transmittal to Transit for Livable Communities, Attention: Mr. Steve Clark, 626 Selby Avenue, Saint Paul, MN 55104. Include, at a minimum, the following:

  • Identification of the offering consultant and/or firm(s), including name, address, and telephone number of each firm;
  • Name, title, address, telephone, fax numbers, and email address of contact person during period of proposal evaluation;
  • A statement to the effect that the proposal shall remain valid for a period of not less than 120 days from the date of submittal; and
  • Signature of a person authorized to bind the offering firm to the terms of the proposal.


2.      Key Personnel

For each of the key personnel identified, provide a one-to-two page resume and indicate whether the key personnel identified will be able to commit the time necessary to complete the work. Please indicate the project manager proposed for the project. Resumes may be submitted as an attachment to the proposal.

3.      Qualifications and Experience and Project Approach

Describe similar projects undertaken by the Contractor within the last five years. For each project, provide the client's name, address, telephone number, and email address for a contact person currently available who is familiar with the consultant and/or firm's performance on each project listed.

4.      References

Provide three (3) references of clients that you have represented in a similar capacity in the last five years. Provide the client's name, address and telephone number for a contact person currently available who is familiar with the Proposer's performance. 


5.      Work Plan for Scope of Services.

Generally describe how your firm will approach this project and how your firm will work to advance the successful implementation of the Enforcement Awareness Program.  TLC will work with the selected vendor to develop a specific scope of services for the project prior to contract execution.

6.      Budget

The Proposer should provide the following detailed budget information:

    1. Professional fees, including the name, title and hourly rates for each person. 
    2. Direct Expenses (copying, mileage, training or presentation materials, etc)
    3. Travel and lodging (TLC shall consider travel and lodging  a direct expense);
    4. Total proposed dollar amount and subtotals for professional fees and direct expenses; and
    5. Other as appropriate.


Proposers should note that the proposed hourly rate will be negotiated with TLC. Upon selection as the top rated proposer and before the contract is awarded, the proposer shall be required to submit the financial information referenced in Attachment 1: Mn/DOT Pre-award Audit Information Request.

7.      Conflict of Interest.

Please identify any potential conflicts of interest, real or apparent, for the Proposer and subcontractors.  See Attachment 5 for the conflict of interest form.

8.      Successful Proposer

Indicate your agreement to comply with the following requirements if selected by the TLC.

Mn/DOT's office of Civil Rights has assigned a Race/Gender Neutral Goal to this project.  The successful Proposer(s) shall comply with the Mn/DOT's race gender neutral goals.  The successful Proposers must submit forms found in Attachment 6 of this RFQ prior to execution of a contract.  (There is no specific Disadvantaged Business Enterprise Goal (DBE) assigned to this Project.  While no specific DBE goal is assigned to this contract, Proposer should make every reasonable effort to solicit DBE firms to participate as subcontractors, service providers and suppliers on this project.  See Attachment 6 for Race Gender Neutral information.)

Pre-award Audit - The successful Proposer (The Proposer selected by TLC) at its own expense and in a timely manner shall provide pre-award audit information to Mn/DOT on itself and any subcontractors performing work of $10,000 or more in accordance with the pre-award audit forms, attached hereto as Attachment 1.  The successful proposer(s) will be required to incorporate into the TLC contract and its subcontracts provisions required by Mn/DOT in order to receive pre-award audit approval. Please note that this information is not required as part of your submittal, but is required prior to the execution of a contract. 

10.       Certification Requirements

Please review, complete and submit the forms in the following attachments certifying your firm's compliance with the provisions below.  Any exceptions or deviations should be noted under the Exceptions and Deviations section of your proposal.


Attachment 3:      Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion (by submitting a proposal; Proposer agrees to these terms.  No additional form is required at this time.)

Attachment 4:      Affidavit of Non-collusion

Attachment 5:      Conflict of Interest Disclosure Form

Attachment 6:      Race Gender Neutral Forms (Proposer shall note agreement with race/gender neutral goals in its proposal.   No additional form is required until the successful proposer is selected by TLC.)


11.       Contract Terms and Conditions

TLC will negotiate a contract with the successful Proposer that incorporates all federal and state requirements attached to the use of these funds. Attachment 2 contains the insurance provisions for the resulting contract.  Any request for waivers to the insurance requirements must be set forth and explained in Exceptions and Deviations.


12.       Exceptions and Deviations

Any exceptions to the requirements in this RFQ must be included in the proposal. Segregate such exceptions as a separate element of the proposal under the heading "Exceptions and Deviations."  Any request for waivers to the insurance requirements must be set forth and explained in this section.  TLC reserves the right to reject any exception or deviation that TLC determines is not in its interest.


VII. Evaluation of Proposals.

Each proposal will be assessed as to how well it responds to the RFQ and if it has made a good faith effort to achieve Mn/DOT's race gender neutral provisions in this RFQ. Specifically, the following will be taken into account.


      a.         Experience and competence of Personnel (s) (70 points)

  • The comprehensiveness, appropriateness, and quality of experience of the applicant(s)
  • Experience, education, and qualifications of key personnel with similar roles and projects
  • Knowledge of bicycling and walking for transportation
  • Knowledge of traffic law and principles as they relate to walking and bicycling
  • Demonstrated ability to successfully lead the project
  • Demonstrated ability to work with law enforcement agencies and personnel
  • Response of references


b.         Work Plan for Scope of Services (15 points)

  • Ability to work within proposed time frame
  • Demonstrated ideas for innovative and creative strategies
  • Understanding the project objective and work tasks
  • Ability to complete the project in a timely manner


c.         Cost Allocation (10 points)

  • Cost relative to proposed level of effort
  • Ability to perform project within budget
  • Reasonableness of costs


d.         Other Factors (5 points)

  • Any other factors deemed relevant by Transit for Livable Communities




V.            Contract Terms and Conditions

a.      Transit for Livable Communities intends to enter into a contract with the selected proposer. The terms and conditions will be based on the requirements related to the use of federal funds. They will include the Federal Highway Administration, Minnesota Department of Transportation, and City of Minneapolis contracting requirements.

b.      Any exceptions to the requirements in this RFQ, including the insurance requirements, must be included as a separate element of the proposal under the heading "Exceptions and Deviations." Transit for Livable Communities retains the right, in its sole discretion, to reject these requests for exception.




Attachment 1

  MnDOT Pre-award audit Information Request (to be completed by successful proposer prior to contract execution)


Minnesota Department of Transportation


 Office of Audit

Mail Stop 190                                                                                     Telephone:         651-366-4130

 395 John Ireland Blvd.                                                                           Fax:                        651-366-4155

                        St. Paul, MN 55155-1899                                                                                            



To Responders                                                                                                                        Dated: July 1, 2009                    


In reply refer to:

                Pre-award Audit Information Request Response


                Dear Responder:


When responding to a Mn/DOT Request for Proposal or to a request for Pre-Award Information after selection, you are required to provide the information requested in the attachments to this correspondence.

                Items attached are:


1.       A listing of twelve items with brief descriptions that must be provided in their most current form for the purposes of the pre-award audit.

2.       A check list to be used as a cover sheet to the pre-award response package.  The form shall be signed by the preparer.

3.       A work sheet for development of the overhead rate.  This worksheet is a simplified format and is not intended to be all inclusive.  It only provides a procedural guide.

4.       A listing of disallowed costs for overhead calculations.  These are either explanations of the interpretation of FAR regulations or Mn/DOT policy related modifications.

5.   A certification of overhead rate development.


                Items 3-5 not required for Contracts using fixed hourly rates, unit prices or a fee schedule.

The pre-award requirements are incumbent upon all subconsultants in your proposal. It is the prime consultant's responsibility to coordinate their submittals.  All submittals shall be submitted through the Mn/DOT designated proposal receiver identified in the RFP.



                Bruce Kalland, CPA, CGFM, External Audit Manager


The minimum amount of information that the Audit Section must have for pre-award audit evaluations of a Consultant is as follows:

1.       Business address of the firm with name and phone number of appropriate contact person(s) for accounting and auditing related issues.

2.       Description of company's accounting system.  Submit a brief summary of company's accounting system (i.e., cash vs. accrual, manual vs. computerized, etc.).

3.       Explanation of how direct expenses identifiable to a specific project are handled (e.g. purchased services, travel, etc.). Are they:

a.        Included in overhead accounts?

b.       Segregated into direct expense accounts and not included in overhead.


4.       A list of the firm's general ledger accounts (Chart of Accounts).

5.       Examples of the company's completed timesheet(s) and expense report(s).

6.       Current actual hourly labor rate ranges for the various employee classifications. If fixed hourly rates are used, list the billing rates that are inclusive of labor, overhead and profit. In addition, documentation justifying/supporting the fixed hourly rates.

7.       A copy of the audited financial statements shall be submitted or tax return for a sole proprietorship. If not available, submit financial statements prepared by or for the company.

8.       A list of the firm's shareholders and the percentage of stock owned by each shareholder.

9.       State the company's fiscal year.

The following information is necessary for the establishment of a Mn/DOT Overhead Rate. Overhead rate developments must be in accordance with the Code of Federal Regulations, Title 48, Subpart 1-31, Contract Cost Principles and Procedures.


10.    All overhead rate developments must include dollar amounts for each line item. Calculate a percentage of total indirect expenses to direct labor. Use the company's most current fiscal year figures.

11.    Accounts and amounts listed for the development should conform to the general ledger accounts and tie into the financial statements. If the general ledger does not agree with the financial statements, company worksheets reconciling the amounts must be submitted.

12.    The consultant shall indicate if an audited overhead rate has been established by another state, federal agency, or CPA firm. If so, the consultant should indicate the audited rate, the period the audit covered, the entity which did the audit, a contact person at the entity, and authorize access to the report and working papers. A copy of the audit report shall be furnished with the financial proposal.

If you have any questions about the audit information required, please contact Bruce Kalland, External Audit Manager, at (651)366-4130.



Companies using fixed hourly rates, unit prices or a fee schedule need only provide responses to items 1-9.


When proposing fixed hourly rates, list the fixed hourly rates for each employee classification included In item 6.


In addition, documentation (schedules, overhead rate and other financial information) justifying/supporting fixed hourly rates or unit prices must be included.


Educational institutions and entities using negotiated indirect cost rates approved by a federal agency can omit items 7, 8, 10 and 11.




                                                       Is Info.

                                           Date Last   Current

                                           Submitted   Yes/No *

                                           __________ __________

1. Contact Person                         |          |          |


2. Accounting System Description          |          |          |    


3. Direct Expenses                        |          |          |    


4. Chart of Accounts                      |          |          |                                                                      


5. Timesheet & Expense Report             |          |          |                                                                     



* - If no, submit current information.



                                                     Is This Info.

                                                     For Your Most

                                                     Current Fiscal

                                           Date Last  Year Ended

                                           Submitted   Yes/No **

                                           __________ __________

6.  Hourly Rate Ranges                    |          |          |


7.  Financial Statements                  |          |          |


8.  Shareholder List                      |          |          |


9.  Fiscal Year                           |          |          |


10. Overhead Rate Development             |          |          |


11. Gen.Ledger/Fin.Stmts. Reconciliation  |          |          |


12. Copy of Overhead Rate Report          |          |          |




** - Not valid if more than 2 fiscal years old.                




                                              Preparer's Signature & Date


                       Company: ___________________________________

COMPANY NAME __________________________________


OVERHEAD RATE FOR THE YEAR ENDED _________________________



                                                        Dollar Amount

Indirect Labor   (2)                                    $  

Payroll Taxes

Incentive Plans/Bonuses





Legal & Accounting

Dues & Subscriptions

Office Supplies






Total Indirect Costs                                    $




Direct Labor Base (1)                                   $




Overhead Rate as a Percent of Direct Labor              =============



(1)  Annual Salary   =   Hourly rate

      2,080 hours


     Hourly rate  x  Hours directly identifiable  =  Direct Labor

                              to Projects            for employee


     Direct labor for all employees  =  Direct Labor Base 


(2)  Total Company Payroll  -  Direct Labor Base  =  Indirect Labor


THIS IS AN EXAMPLE ONLY.  The breakdown should correspond to the company's general ledger accounts.




The following items are not allowable as indirect costs per the Federal Acquisition Regulations.

This list is not all inclusive.









Advertising and Public Relations Costs and Costs of


Memberships in civic and community organizations




Bad Debts and Related Costs




Bonuses to those with a financial interest in the company.




Personal Use of Company furnished Automobiles




Contributions or Donations




Research and Development and Engineering costs designed to


lead to new products for sale to the general public.




Entertainment Costs and Costs of Memberships in social, dining,


or country clubs, or other organizations having the same purpose.




Fines and Penalties




Gain or Loss on Sale of Assets




Idle Facilities




Insurance on the lives of officers, partners, or proprietors where


the company is the beneficiary.




Interest and Other Financial Costs




Losses on Other Contracts




Organization Costs




Professional and consultant service costs and directly associated


costs incurred in connection with organization and reorganization,


defense against Government claims or appeals, or the prosecution


of claims or appeals against the Government.




Federal Income and Excess Profits Taxes








Alcoholic Beverages





Also refer to official Mn/DOT policies on the following:

   (1)  Documentation of Eligible Costs when Commingled with Ineligible Costs

   (2)  Compensation for Personal Services

   (3)  Bonuses


   (4)  Public Relations and Advertising Costs

   (5)  Direct Selling and Marketing Costs







Copies of the Federal Acquisition Regulations and the official Mn/DOT policies are available

upon request.







I certify that to the best of my knowledge the attached overhead rate development is prepared in accordance with Title 48, Subpart 1-31 of the Code of Federal Regulations and is based on the company's books of accounts for the fiscal year ended __________.




Firm:                                           ____________________________________


Name of Corporate Official:      ____________________________________


Title:                                          ____________________________________


Signature:                                  ____________________________________


Date:                                          ____________________________________




Attachment 2

Insurance Requirements


                        Contractor must provide a certificate of insurance showing that Contractor has each type of coverage and limits required under this Contract. TLC retains the right to approve or reject any request for exception or deviation from the specified insurance requirements that TLC determines is not in its interests. Contractor must file the certificate with TLC's Authorized Representative within 30 days after execution of this Contract and prior to commencing any work under this Contract. Each policy and Certificate of Insurance must contain a 30 day notice of cancellation, nonrenewal or changes in coverage or limits to all named and additional insured. Contractor must maintain such insurance in full force and effect throughout the term of this Contract.


                Contractor must maintain and furnish satisfactory evidence of the following insurance policies:

Commercial General Liability Insurance Contractor must maintain insurance protecting it from claims for damages for bodily injury, including sickness or disease, death and for care and loss of services as well as from claims for property damage, including loss of use which may arise from operations under this Contract whether the operations are by Contractor or by a subcontractor or by anyone directly or indirectly employed by the Contractor pursuant to this Contract.  Insurance minimum amounts are as follows:

$2,000,000.00 - per occurrence

$2,000,000.00 - annual aggregate

$2,000,000.00 - annual aggregate - Products/Completed Operations

The following coverages must be included:

Premises and Operations Bodily Injury and Property Damage

Personal and Advertising Injury

Blanket Contractual Liability

Products and Completed Operations Liability

TLC named as an Additional Insured


Automobile Liability Insurance, Contractor is required to maintain insurance protecting Contractor from claims for damages for bodily injury as well as from claims for property damage resulting from the ownership, operation, maintenance or use of all owned, hired and non-owned autos which may arise from operations under this Contract and in case any work is subcontracted the Contractor will require the subcontractor to provide Automobile Liability.  Insurance minimum amounts are as follows:

$2,000,000.00 - per occurrence Combined Single limit for Bodily Injury and Property Damage

In addition, the following coverages should be included:

Owned, Hired, and Non-owned Automobile



Professional/Technical, Errors and Omissions and/or Miscellaneous Liability Insurance, Contractor must maintain insurance providing coverage for all claims Contractor is legally obligated to pay resulting from any actual or alleged negligent act, error or omission related to Contractor's professional services performed under this Contract. Any subcontractors must maintain insurance providing coverage for all claims that subcontractor is legally obligated to pay resulting from any actual or alleged negligent act, error or omission related to that subcontractor's professional services performed under this Contract.  Unless otherwise specified within this Contract, Contractor's professional liability insurance minimum limits are as follows:

                                                $2,000,000.00 - per claim

                                                $2,000,000.00 - annual aggregate


On request, Contractor and any subcontractor must allow TLC to view reviewed or audited financial statements signed by a Certified Public Accountant which provides evidence that Contractor or any subcontractor has adequate assets to cover any deductible in excess of $50,000.00 that applies to this policy. TLC will treat such financial statements as non-public data to the extent permitted by the Minnesota Government Data Practices Act. The retroactive or prior acts date of coverage must not be later than the effective date of this Contract.



Additional Insurance Conditions:

  • Contractor's and any subcontractor's policies will be primary insurance to any other valid and collectible insurance available to TLC with respect to any claim arising out of Contractor's or any subcontractor's performance under this Contract;
  • Contractor's and any subcontractor's policies and Certificates of Insurance will contain a provision that coverage afforded under the policies will not be canceled without at least 30 advance written notice to TLC;
  • Contractor is responsible for payment of Contract related insurance premiums and deductibles;
  • If Contractor is self-insured, a Certificate of Self-Insurance must be attached;
  • Contractor will obtain insurance policies from insurance companies having an "AM BEST" rating of "A minus", a Financial Size Category VII, or better, and authorized to do business in the State of Minnesota; and

An Umbrella or Excess Liability insurance policy may be used to supplement Contractor's policy limits to satisfy the full policy limits required by this Contract.


TLC reserves the right to immediately suspend this Contract if Contractor or any subcontractor is not in compliance with the insurance requirements and retains all rights to pursue any legal remedies against Contractor. If TLC suspends this Contract for Contractor's noncompliance with the insurance requirements, Contractor will have 10 days from its receipt of notice of the suspension to cure the noncompliance. If Contractor does not cure its noncompliance with the insurance requirements within 10 days, TLC may immediately rescind this Contract. All insurance policies must be open to inspection by TLC, and copies of policies must be submitted to TLC's Authorized Representative upon written request.

                                Independent Contractor; Workers' Compensation

Except as provided below, Contractor must provide Workers' Compensation insurance for all its employees and, in case any work is subcontracted, Contractor will require the subcontractor to provide Workers' Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Coverage B, Employer's Liability.  Insurance minimum amounts are as follows:

$100,000.00 - Bodily Injury by Disease per employee

$500,000.00 - Bodily Injury by Disease aggregate

$100,000.00 - Bodily Injury by Accident


If Minnesota law exempts Contractor from Workers' Compensation insurance requirements or if the Contractor has no employees in the State of Minnesota, Contractor must provide a written statement, signed by an authorized representative, indicating the qualifying exemption that excludes Contractor from the Minnesota Workers' Compensation requirements.


Attachment 3

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion


Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions

Instructions for Certification:

By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

1.       The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

2.       The prospective lower tier participant will provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

3.       The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverages sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

4.       The prospective lower tier participant agrees by submitting this response that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

5.       The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion--Lower Tier Covered Transaction," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

6.       A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs.

7.       Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

8.       Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 C.F.R. 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

9.       The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

10.   Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Attachment 4



I swear (or affirm) under the penalty of perjury:


1.    That I am the Responder (if the Responder is an individual), a partner in the company (if the Responder is a partnership), or an officer or employee of the responding corporation having authority to sign on its behalf (if the Responder is a corporation);


2.    That the attached proposal submitted in response to the Request for Proposals has been arrived at by the Responder independently and has been submitted without collusion with and without any agreement, understanding or planned common course of action with, any other Responder of materials, supplies, equipment or services described in the Request for Proposal, designed to limit fair and open competition;


3.    That the contents of the proposal have not been communicated by the Responder or its employees or agents to any person not an employee or agent of the Responder and will not be communicated to any such persons prior to the official opening of the proposals; and


4.    That I am fully informed regarding the accuracy of the statements made in this affidavit.




Responder's Firm Name: __________________________________________                                                       


Authorized Signature: _____________________________________________


Date: __________________


Attachment 5




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:















Signature                                                                                                                             Date





Attachment 6:


Race Gender Neutral Information


Race Gender Neutral Assigned

The Mn/DOT office of Civil Rights has assigned a Race/Gender Neutral Goal to this project.

There is no specific Disadvantaged Business Enterprise Goal (DBE) assigned to this Project.  While no specific DBE goal is assigned to this contract, Proposer should make every reasonable effort to solicit DBE firms to participate as subcontractors, service providers and suppliers on this project.


Responders are directed to read the DBE Special Provisions at http://www.dot.state.mn.us/consult/index.html. The DBE Special Provisions explains how to comply with the DBE requirements. To view a listing of certified DBE's, please contact the Mn/DOT Office of Civil Rights at 651-366-3073, TTY 651-282-5799, or visit their website at http://dotapp7.dot.state.mn.us/dbe/reports/RetrieveMulti.asp?ReportID=85...



This attachment continues on the next page with MnDOT's guidance on race/gender neutral goal information.