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ACKNOWLEDGMENT OF RECEIPT Description Construction

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					                    ACKNOWLEDGMENT OF RECEIPT

                          Description:          Construction Manager at Risk for the
                                                Nursing Building Remodel at
                                                Phoenix College


              Proposal #: 3120-7
              Addendum #: ________
              # of Pages to follow: _31 _

Please provide the requested information below as acknowledgment that you have
received our Request For Proposal noted above. It is strongly recommended that
interested proposers complete this acknowledgment and return via Fax to MCCCD
Purchasing at (480) 731-8190 or by mail. Only by doing this, will we be able to
provide notification of any addenda to this Proposal. Only firms returning
completed acknowledgments will receive addenda to this Proposal. Proposals
from firms not acknowledging the addenda shall be considered incomplete and
subject to disqualification.

Name of Firm:

Address:



Tel #: (     )______________ Fax #: (       )

Name:(Print)                                            Title:

Signature:                                      Date:
MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT




        REQUEST FOR PROPOSAL # 3120-7



         NURSING BUILDING REMODEL
             PHOENIX COLLEGE




       CONSTRUCTION MANAGER AT RISK




           DUE DATE: JULY 26, 2012
           THURSDAY, 3:00 P.M. MST




                                             1
                MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT

                                  RFP #3120-7

                        CONSTRUCTION MANAGER AT RISK
                         NURSING BUILDING REMODEL AT
                              PHOENIX COLLEGE




A.   SCHEDULE OF EVENTS

ACTIVITY                                          DATE

Release RFP                                       June 19, 2012

Pre-Proposal Meeting                              June 27 2012

Proposals Due                                     July 26, 2012

Proposed Award Notification                       September 26, 2012

B.   TABLE OF CONTENTS

1.    GENERAL                                     Pages   3-9
2.    PROPOSAL INSTRUCTIONS                       Pages   9-12
3.    GENERAL TERMS AND CONDITIONS                Pages   13-18
4.    PROPOSAL REQUIREMENTS                       Pages   18-20
5.    EVALUATION CRITERIA                         Pages   20-29

ATTACHMENT
A.  NON-COLLUSION AFFIDAVIT FORM                  Page    30
B.  SIGNATURE PAGE                                Page    31




                                                                       2
1.     GENERAL INFORMATION

The Maricopa Community College District, on behalf of Phoenix College, wishes to remodel
approximately 32,000 SF. Originally Constructed in the 1970’s, as a bank processing center. The
remodeled facility should be energy efficient as is practical and possible. The District intends to
remodel this project using a construction manager at risk delivery system.

The Construction Manager at Risk will begin with the firm in an agency support role for design
phase services and will hold the construction contract with the District for construction of the
project. At some point prior to construction, the CMAR will assume the risk of delivering the
project through a guaranteed maximum price (GMP) contract. The CMAR will be responsible
for construction means and methods, and will be required to solicit bids from pre-qualified
subcontractors to perform the work. The CMAR may also compete to self-perform limited
amounts of work.

The District strongly supports the concepts of teamwork and Partnering. Your voluntary
participation in this effort will promote teamwork, minimize confrontation and hopefully
eliminate the need for litigation or claims, with all stakeholders finishing the jobs a winner. We
will ask for the support and commitment of all top management and team members.

The Maricopa County Community College District (MCCCD) consists of ten campuses, two
skills training centers, and multiple satellite education centers throughout the County. MCCCD
educates and trains more than 250,000 persons year around, which equates to about 76,000 full
time student equivalent (FTSE). Maricopa owned facilities exceed 5,500,000 square feet.
MCCCD ranks as the largest multi-location community college system in the nation, and is the
largest provider of post-secondary education in Arizona. Our student, faculty and staffs are
diverse and reflect the communities within Maricopa County, an area the size of Connecticut,
and contains a population of 2.8 million residents.

MCCCD DISTRICT MAKE-UP

The Maricopa County Community College District (MCCCD) was established in 1962 with one
college, Phoenix (Junior) College, founded in 1920. Today, MCCCD consists of ten nationally
accredited colleges, two skill centers, multiple satellite education centers, and a district office.
This make-up consists of:

       1.      Phoenix College, Phoenix, Arizona
       2.      Glendale Community College, Glendale, Arizona
       3.      GateWay Community College, Phoenix, Arizona
       4.      Mesa Community College, Mesa, Arizona
       5.      Scottsdale Community College, Scottsdale, Arizona
       6.      Rio Salado Community College, Tempe, Arizona
       7.      South Mountain Community College, Phoenix, Arizona
       8.      Chandler/Gilbert Community College, Chandler, Arizona
       9.      Paradise Valley Community College, Phoenix, Arizona
      10.      Estrella Mountain Community College, Avondale, Arizona
      11.      Maricopa Skill Center, Phoenix, Arizona

                                                                                              3
       12.     Maricopa Skill Center, SouthWest Campus, Avondale, Arizona
       13.     District Office, Tempe, Arizona

Other Components of MCCCD include KJZZ-FM and KBAQ Radio Stations, MCTV
Television Station, and Sun Sounds Radio Reading service.

Statement of Expectations of the Construction Manager at Risk and your team:
The change to Construction Manager at Risk (CMAR) project delivery from hard, competitive
bidding, represents a significant shift in the procurement of construction services for public
owners in Arizona. It also represents a significant leap of faith for public Governing Boards and
Councils to move away from the only system that they've known to completely new territory,
based upon promises and claims of a better, fairer system and process.

The Arizona construction industry proposed CMAR to public owners and the legislature on the
basis of better value for the expenditure of public funds. Owners have been lead to expect the
following benefits from the CMAR process:

       Competitive pricing still achieved at the sub-contractor and supplier level
       Better, more qualified and quality sub-contractors and suppliers
       Significantly better cost control, alleviating the chaos of over-budget bids
       More cooperation and teamwork, less adversarial relationships, claims and conflicts
       Fewer and lower cost consultant errors and omissions related change orders due to the
        extended reviewed and greater familiarity with the construction documents than was
        possible under design-bid-build.
       Better schedule control, including achieving completion on or ahead of contract schedule
       Faster, more complete close out process and documentation
       Better response to warranty issues.

If your company, from field labor to ownership, and all of your sub-contractors and suppliers are
not willing to work each day to achieve these benefits, then this project and this owner may not
be for you.

PROJECT INFORMATION

Preliminary Design Information
This project will house the entire Phoenix College Nursing program and will include nursing labs
and general classrooms as well as faculty offices and support spaces. This new space will free
space in other areas of the main campus currently supporting the nursing program. As these
spaces for nursing are relocated to new space, the vacated spaces within the PC main campus
buildings will be repurposed to support a range of other academic programs. There is also space
and a significant infrastructure including a large backup generator to support a secondary data
center for Phoenix College in the future.




                                                                                               4
                                        3700 N. 3rd Avenue was purchased by the College last
                                        year to provide the Nursing program with room for
                                        expansion. The building underwent a major mechanical
                                        and fire systems renovation in 1996 when it housed the
                                        Wells Fargo processing center. A second building across
                                        the street, at 3717 N. 3rd Ave. is a small branch bank and
                                        drive through facility, was purchased concurrently with
                                        the 3700 building. This property will be re-striped for an
                                        overflow parking lot.

                                      The 3700 building will be renovated to include
                                      simulation labs, classrooms and a hospital-like
                                      environment to provide students the feel of working in a
                                      true medical facility. This work will require re-purposing
the electrical and mechanical systems, construction of walls, windows, flooring and a common
entrance. The building will be brought up to current codes and built to the District requirements
for instructional space.

A full copy of the Education Specification for this project is posted on the Maricopa
Community College Purchasing website where the RFQ is listed,

http://www.maricopa.edu/purchasing/

At the District’s option, the scope for this project may be increased as follows. These increases
will be considered to be contemplated within the intent of the original RFP. If work or scope is
adjusted per this paragraph, the total project budget and schedule will be revised as necessary
and the CMAR’s pre-construction phase and construction phase fees will be equitably adjusted.

   1. Up to thirty percent of the construction budget or building NASF size, whichever is
      greater, for additional work at the same or immediately adjacent site location as this
      proposed project, with uses similar to those proposed for this RFP.
   2. Up to fifteen percent of the construction budget for site development or utility
      infrastructure, prompted by this project, whether solely serving this project or not, and
      which also may serve existing or future buildings.

Budget
The construction budget for the New Nursing Building is approximately $3,500,000, including
site development and utilities extensions/development, CMAR General Conditions and
construction phase fees and the CMAR’s construction phase contingency, but not including
consultant or Pre-Construction Phase CMAR or consultant fees, FF&E, etc. Items such as fume
hoods and white boards ARE intended to be included within the indicated GMP and
construction budget, to be provided and installed by the CMAR, etc. The District and college
understands the volatility within current construction pricing and accepts that additional budget
or reduced scope may be required versus the stated program and budget.




                                                                                             5
Project Schedule and Timetable
                                                             Dates
                                                     Begin           Finish
       Hire Consultants                              6/12            9/12
       Design & Construction Documents               9/12            1/13
       GMP Pricing                                   1/13            2/13
       Construction                                  4/13            12/13
       Probable Occupancy                            12/13           1/14

     Warranty Period: Two years from Substantial Completion of each phase

Services to be Provided:

Pre-Construction Phase Services
The CM at Risk will provide the following Pre-Construction Phase Services listed below

     1. The CMAR will be a partner in the project team, participating in and providing
        recommendations regarding project planning, preliminary budgets, marketplace
        conditions, phasing of the various trades, selection of materials, building systems and
        equipment, achieving efficiencies in project delivery, and construction phasing that will
        minimize interruptions to college operations.

     2. Provide a Practicality Assessment for each design phase that evaluates whether or not
        the design meets the Owner's requirements within a reasonable schedule and within
        budget.

     3. Coordinate, integrate and update the project schedule with the services and activities of the
        Owner, Architect and CMAR, including proposed activity sequences and durations,
        milestone dates for receipt and approval of pertinent information, and submittal of the
        Guaranteed Maximum Price proposal.

     4. Provide the Owner and Architect with a schedule for procurement of long-lead time items
        that will constitute part of the work as required to meet the project schedule and initiate
        that procurement as directed.

     5. Perform cost estimating, value analysis and best value recommendations of building
        systems to ensure project design stays on track with project budget and available
        funding. Providing detailed cost estimating and evaluation of alternative systems or
        materials, including conducting value engineering as needed. Consider life cycle and
        operating cost in addition to first cost in developing options and making
        recommendations. If any estimate submitted to the Owner exceeds the previously
        approved budget, the CMAR shall work with the Architect to make recommendations to
        the Owner to reduce the cost of the project. In no case will the project be allowed to
        exceed the stated budgets, except for changes in scope, quality or schedule requested by
        the Owner. While estimates are due at the end of each stage of design, we prefer that the
        contractor develop and use a dynamic estimating system, with on-going review of costs
        reflecting on-going changes in the project documents.
                                                                                                   6
     6. Perform biddability reviews. Provide a program to pre-qualify subcontractors and
        suppliers. Recommend methods and determine coordinated scopes of work to be used for
        selection and award of trade contracts. Develop a bidder’s list of qualified subcontractors
        and suppliers and guide the development of bid packages to match project schedule,
        phasing plan, and subcontractor divisions.

     7. Perform a review of the Construction Documents to ensure they are complete,
        constructable, and meet the project objectives within budget. Providing quality control
        and completeness reviews of the proposed design and construction documents at each
        phase, including coordination and constructability reviews.

     8. Attend all design meetings, which include, but are not necessarily limited to, weekly
        site committee meetings and selected architectural coordination meetings with their
        consultants.

     9. At the 95% completion point of Construction Documents, and/or at an earlier time as
        required by the District, prepare and submit a Guaranteed Maximum Price (GMP) that
        fits within the owner's budget and meets the owner's intent. The District reserves the
        right to phase work and/or use fast track approach as appropriate to the project. If the
        District and the Contractor cannot agree on the GMP, the District may terminate the
        services of the Contractor and compensate per the contract documents.

     10. Bond and insure the construction.

Construction Phase Services: Management of Construction
The CM at Risk will provide the following Construction and Construction Management of
the project services listed below. The services for the construction program may include, but are
not limited to the following; Using the Design and Construction Documents, the CMAR will
become responsible for the construction of the project, assuming the risk of delivering the project
through a Guaranteed Maximum Price contract, including:

     1. Acting as the District’s fiduciary, creating a relationship of trust and confidence
        between itself and the District on all matters, including pricing.

     2. Managing the bidding process and recruit qualified bidders per the proposed
        subcontractor qualification process.

     3. Entering an "At Risk" contract with all subcontractors, material suppliers and
        equipment suppliers necessary for the construction of the facility.

     4. Pro-actively scheduling, coordinating and managing all construction activities including
        project-related work by subcontractors and suppliers. Arrange for procurement of
        materials and equipment, bidding, awarding and managing of all construction related
        contracts.



                                                                                             7
5. Obtaining required permits and schedule inspections and addressing all related
   permitting and regulatory processes and requirements.

6. Providing continuous on-site construction management services throughout the
   construction phase including close-out, including but not be limited to:
     a. Conducting and producing meeting minutes for regular and focus job-site
        meetings.
     b. Maintaining daily on-site project log and schedule report.
     c. Overseeing quality control testing and inspection programs.
     d. Monitoring construction management staff and subcontractor safety programs.
     e. Coordinating with various District departments, other agencies, utility companies,
        etc.
     f. Recognizing and managing the process to respond to the District’s sensitivity to
        quality, uninterrupted on-going operations, safety, and environmental issues.
     g. Maintaining (post) master set of construction documents on-site to include all
        changes to the construction documents including but not limited to, ASI's and
        supplemental sketches and provide copies to all subcontractors concerned.

7. Developing, updating and maintaining master project schedules, detailed construction
   schedules, submittal schedules, inspection schedules and occupancy schedules.

8. Coordinating timing, delivery and installation of Owner provided equipment,
   furnishings, etc.

9. Working with the Architect, the District's Project Manager (PM) or Management firm
   and the Owner on the project. Process and submit pay requests for approval, issue RFI's
   and change order requests as necessary and assist the Architect, PM and Owner as
   required for timely completion of the project.

10. Reporting potential budget and schedule variances and prepare recovery plans.

11. Coordinating surveyors, special consultants and testing lab services contracted by the
    Owner as required.

12. Administering post-construction close-out and warranty collection, training, start-up
    and transition to Owner. Except as otherwise noted in the Project specifications, the
    warranty period shall be at a minimum two years from the date of Substantial
    Completion.

13. Developing and delivering warranty log. Summary log shall be by division and identify
    product, vendor information, warranty start and stop dates and any special warranty
    period, i.e., roofs, compressors, etc.




                                                                                        8
     14. Providing all cost information and pricing with an “open book” accounting philosophy
         and reporting to the District as required. Remaining project and contractor contingency
         in the project will be returned to the Owner at the completion of the work. With the
         mutual agreement of the Owner and Contractor, a portion of the contingency may be
         used during the course of the work for Owner requested changes or improvements.

     15. Working with and coordinate activities with any third party contracts or contractors that
         the District provides for the project. Coordinate with various District departments, other
         agencies, utility companies, etc.

     16. Providing and coordinating Owner training, record documents, and other required close-
         out documents.

Provided by the District

The District will contract separately for architectural and engineering services, geo-
technical/materials testing and special consultant inspections, hazardous materials testing or
abatement, plan review as needed.

2.     PROPOSAL INSTRUCTIONS

General Questions or Project Location Visits:
Many questions about the process used to select consultants and contractors, along with Maricopa’s
approach, can be found at the Facilities Planning and Development website under For Contractors
or Consultants, How to Work for Maricopa, our answers to frequently asked questions. You can
find this document at:

http://www.dist.maricopa.edu/facilitiesplanning/docs/how2work4mcccd.pdf

All proposing firms are encouraged to be familiar with the Facilities Planning & Development
website: www.maricopa.edu/facilitiesplanning

This website contains information critical to working with the District and to the successful
design and operation of District facilities including:

       General Design Guidelines
       Classroom Design Guidelines
       Owner-Consultant (CMAR) Agreement
       A-201 General Conditions of Construction
       Operations & Maintenance Guidelines
       FM Global Fire Sprinkler Guidelines and Standards for District Facilities

All questions about this Request for Proposal (RFP) must be submitted in writing and delivered
to MCCD’s assigned representative a minimum of five (5) working days before the required due
date. Answers to the questions will be provided by written addenda to all holders of the RFP in
accordance with the RFP schedule of events.


                                                                                             9
For questions regarding the scope of services or technical requirement of the RFP should
be addressed to:
      Gary Eberhard, RA, Project Manager
      Facilities Planning and Development, 480-731-8568
      e-mail: gary.eberhard@domail.maricopa.edu

For questions regarding Procurement issues:
      Len Wonsey, CPPB, Buyer II
      Purchasing, (480) 731-8550
      email to: len.wonsey@domail.maricopa.edu

For tours of the existing facility may be arranged through:
       Doug McCarthy, Director, Building and Grounds,
       Phoenix College, (602) 285-7245

Proposing firms shall not make any direct contact with college or district staff except for
the District Project Manager, college contact (to schedule visits only) listed above or the
Purchasing Department once this RFP is issued, until the time that final selection is made.
Any deviation from this policy or attempt to directly contact or influence any Maricopa
Community Colleges employees or his/her representatives, from the issue of this RFP until
final award, may result in disqualification of the Respondent. This includes any casual
contact not directly related on-going-work, in which case all conversation and contact
should be strictly limited to the current work issue alone. Any oral communications with
MCCD’s assigned representative will be considered unofficial and non-binding on MCCD.

Pre-Proposal Meeting
A pre-proposal meeting will be held for all interested construction managers at 2:00 P.M.,
on Wednesday, June 27, 2012, at the Main Campus, Bullpit Auditorium at Phoenix
College, 1202 West Thomas Avenue, Phoenix, Arizona 85013. This is not a mandatory
meeting. The sign-in-sheet will be posted on the Purchasing website following the meeting.

Proposal Submission
It shall be the responsibility of the Proposer to assure that Proposals are received as follows: The
Proposal packet must contain one (1) original and Seven (7) copies of the proposal. The
original must be clearly marked "Original" and the Proposal must be delivered Sealed.

The Proposals must be received at the Main Reception Desk of MCCCD, 2411 West 14th Street,
Tempe, Arizona, 85281, no later than 3:00 P.M. (MST), Thursday, July 26, 2012. Proposals
acceptance time shall be determined as the time stated, zero seconds (e.g., 3:00:00 p.m.). Proposals
received after that time (e.g., 3:00:01 or later) are considered late and will not be accepted.
When delivering your proposal please allow for sufficient time to check in through the Security Desk.
Proposals must be in the Purchasing representative’s hands by the submittal time stated to be considered
as being “received”. Proposers shall confirm the time and location of the official bid clock and
coordinate their own clock or watch to assure themselves of timely delivery of the proposal. Timely
delivery of the proposal into the representative’s hand prior to proposal submittal time is the obligation
of the Proposer. Proposals not delivered per these requirements will be rejected and will not be
considered, even if inadvertently accepted and time stamped and will be returned unopened. For Fed
                                                                                                  10
Ex, UPS and similar direct delivery services, address the package to Len Wonsey, Buyer, at this
address, contract phone 480-731-8550.

The following information must be clearly visible on the Proposal Packaging:
                     RFP #: 3120-7
                     Construction Manager at Risk
                     For the Nursing Building Remodel at
                     Phoenix College, Project #120042
                     Due: Thursday, July 26, 2012 3:00 P.M.

Proposal Evaluation
This request for proposals does not constitute a commitment by the District to award a
contract. The District reserves the right to waive any formalities and to reject any or all
proposals and/or to cancel the request for proposals. The selection of the top consultants shall
be based on merit and qualifications. The award shall be made on the proposal that serves the
best interest of the District and may not be evaluated solely on a monetary basis. No contract
award shall exist until executed in writing.

Proprietary Information
In the event any Proposer shall include in the Proposal any information deemed "proprietary" or
"protected", such information shall be separately packaged from the balance of the proposal and
clearly marked as to any proprietary claim. MCCCD discourages the submission of such
information and undertakes to provide no more than reasonable efforts to protect the proprietary
nature of such information. MCCCD, as a public entity, cannot and does not warrant that
proprietary information will not be disclosed. District shall have the right to use any or all
information included in the proposals submitted unless the information is expressly restricted by
the Proposer.

Length Of Proposal
All proposals must be submitted in writing. Oral, telephone, facsimile (fax Machine) or
computer data transfer proposals will not be accepted. Each proposal shall be prepared simply,
providing a straightforward, concise description of the Proposer's ability to meet the
requirements of the services. Emphasis should be on completeness and clarity of contents.
Voluminous proposals are specifically NOT encouraged. Proposals should be about fifteen (15)
pages total.

Modifications To Proposals
No oral, telephone, telegraphic, facsimile or computer data transfer proposals or modifications
will be considered.

Withdrawal Of Proposals
Any Proposer may withdraw their proposal by written request at any time prior to the deadline
set for receipt of proposals. No proposal may be withdrawn or modified after that deadline and
shall be binding upon Proposer for a period of sixty (60) days after due date.




                                                                                         11
Cost Of Preparing Proposals
Any and all costs associated with the preparation of responses to this request for proposals
including site visits, oral presentations and any other costs shall be entirely the responsibility of
the Proposer and shall not be reimbursable in any manner by the District.

Oral Presentations
Proposers may be required to make oral presentations at the request of MCCCD. MCCCD will
coordinate the time and location for any presentations as requested. Other than telephonic
communications designed to clarify information requested in this RFP, Proposers are respectfully
requested not to communicate with the Department of Facilities Planning and Development or
campus representatives who may be involved with the evaluation and award process.

Award Without Discussion
The District reserves the right to make an award without further discussion of the proposals
received. It is therefore critical that all proposals be submitted initially in the most favorable
terms possible, both economically and technically.

Contract Commencement
It is the intent of the District to commence the resulting contract within sixty (60) days of
receipt of proposals.
Contract Assignment
This contract, in part or in whole, shall not be subcontracted or assigned to another consultant
without prior written permission of the appropriate District authority.

MCCCD Modifications To Proposals
Any interpretation, correction, or change of this RFP will be made by written Addendum.
Interpretations, corrections, or changes of this RFP made in any other manner will not be
binding, and Proposers shall not rely upon such interpretations, corrections, and changes. Any
changes or corrections will be issued by MCCCD. Addenda will be mailed or faxed to all who
are known to have received a copy of the RFP.

Proposer Modification Or Withdrawal Of A Proposal
Prior to the time and date designated for receipt of Proposals, Proposals submitted early may
be modified or withdrawn only by notice of MCCCD. Such notice must be received by
MCCCD prior to the time designated for receipt of Proposals by MCCCD at the address
provided herein. Such notice will be in writing over the signature of the Proposer or by
telegram; if by telegram, written confirmation over the signature of Proposer must have been
mailed and postmarked on or before the date and time set for receipt of Proposals. Withdrawn
Proposals may be resubmitted up to the time designated for the receipt of Proposals provided
that they are then fully in conformance with the general terms and conditions of this RFP.

Affidavit Of Non-Collusion
The Affidavit of Non-Collusion, Attachment "A", must be signed by an authorized
representative of the proposing company.




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3. GENERAL TERMS AND CONDITIONS

The following General Conditions constitute the provisions of the agreement to be executed
between MCCCD and successful Proposer(s). MCCCD reserves the right to negotiate with the
successful Proposer(s) and modify any of the provisions of the agreement prior to execution.

Parties to Agreement
The contract shall be between Maricopa County Community College District, hereafter referred
to as MCCCD, and the successful Proposer(s), hereafter referred to as Consultant. The District
uses its own form Owner-Consultant agreement form. A copy of the Owner-Consultant Short
Form Agreement is available for review at the District Office of Facilities Planning and
Development.

Contract Term
The contract shall be effective on the date indicated in the letter of award, and shall run for (90)
days past the date of substantial completion. Representation on any particular matter shall
continue under terms of the original representation to its conclusion.

Liability for Taxes
The Consultant assumes complete liability for all taxes applicable to the operations, income, and
transactions of the Consultant. MCCCD shall not be liable and will not make reimbursement to
the Consultant for any tax imposed either directly or indirectly upon the Consultant by any
authority by reason of the contract or otherwise.

Catastrophe.
If, because of riots, war, public emergency or calamity, fire, earthquake, Act of God, government
restriction, labor disturbance or strike, business operations at the District shall be interrupted or
stopped, performance of this contract, with the exception of monies already due and owing, shall
be suspended and excused to the extent commensurate with such interfering occurrence; and the
expiration date of this contract may by mutual agreement of both parties be extended for a period
of time equal to the time that such default in performance is excused.

Insurance Requirements

INSURANCE REQUIRED OF THE CONSTRUCTION MANAGER DURING THE PRE-
CONSTRUCTION PHASE

During the Pre-Construction Phase of the Project, the Construction Manager shall purchase and
maintain insurance set forth as follows.

Without limiting any of their obligations or liabilities, the Construction Manager, at the
Construction Manager‘s own expense, shall purchase and maintain for the duration of the pre-
construction phase of this Contract the following stipulated minimum insurance against claims
for injuries to persons or damages to property which may arise from or in connection with the
performance of the Work hereunder by the Construction Manager, its agents, representatives,
employees, or subcontractors.

                                                                                            13
All insurance shall be with companies duly licensed or approved unlicensed to do business in the
State of Arizona with policies and forms satisfactory to the Maricopa County Community
College District (MCCCD). Each insurer shall have a current Best rating of not less than A:VII.
Use of alternative insurers requires prior approval of MCCCD. Construction Manager shall
include all subconsultants and subcontractors providing work during the pre-construction phase
as insureds under its policies or shall furnish separate certificates of insurance and endorsements
for each. All coverages for subconsultants and subcontractors shall be subject to all of the
insurance requirements stated herein.

        The insurance policies, except Workers’ Compensation, required by this Contract, shall
name Maricopa County Community College District, its agents, representatives, officers,
directors, officials, employees, volunteers, and consultants as Additional Insured, and shall
specify that insurance afforded the Construction Manager shall be primary insurance, and that
any insurance coverage carried by the entity or its employees shall be excess coverage, and not
contributory coverage to that provided by the Construction Manager.

        All insurance policies required herein shall be maintained in full force and effect until all
Work required to be performed under the terms of the Contract is satisfactorily completed and
formally accepted, or other insurance with equal or greater protection (such as during the
construction phase) is in place. Failure to do so may constitute a material breach of this Contract
upon which MCCCD may immediately terminate the Contract or, at its discretion, procure or
renew such insurance and pay any and all premiums in connection therewith, and all monies so
paid by MCCCD shall be repaid by Construction Manager to the MCCCD upon demand, or
MCCCD may offset the cost of the premiums against any monies due to the Construction
Manager from MCCCD. Costs for coverages maintained by Construction Manager in excess of
those required shall not be charged to the MCCCD without prior written approval of MCCCD.

The Construction Manager‘s insurance shall be primary insurance as respect MCCCD, and any
insurance or self insurance maintained by MCCCD shall be excess of the Construction
Manager’s and shall not contribute to it. Any failure to comply with the claim reporting
provisions of the policies or any breach of a policy warranty shall not affect coverage afforded
under the policy to protect MCCCD.

The policies may provide coverage that contains deductible or self-insured retentions. Such
deductible and/or self insured retentions shall not be applicable with respect to the coverage
provided to MCCCD under such policies. The Construction Manager shall be solely responsible
for deductibles and/or self-insured retentions and MCCCD, at its option, may require the
Construction Manager to secure the payment of such deductibles or self-insured retentions by a
surety bond or an irrevocable and unconditional letter of credit. (However, evidence of qualified
self-insured status will satisfy this agreement.) The insurance policies that contain deductibles or
self-insured retentions in excess of $100,000 per occurrence shall not be acceptable without the
prior approval of MCCCD.

MCCCD reserves the right to request and to receive, within 10 working days, complete certified
copies of any or all of the policies and/or endorsements. MCCCD shall not be obligated,
however, to review same or to advise Construction Manager of any deficiencies in such policies
                                                                                                  14
and endorsements, and such receipt shall not relieve Construction Manager from, or be deemed
waiver of, MCCCD’s right to insist on, strict fulfillment of Construction Manager‘s obligations
under this Contract.

At the execution of this Contract, Construction Manager shall furnish the MCCCD Risk Manager
with Certificates of Insurance, or formal endorsements as required by the Contract, issued by
Construction Manager’s insurer(s), as evidence that policies providing the required coverages,
conditions, and limits required by this Contract are in full force and effect. Such Certificates and
endorsements shall identify the Contract or Project. Each insurance policy required by this
Contract shall be endorsed to state the coverage shall not be suspended, voided, canceled by
either party, reduced in coverage or in limits except after thirty (30) days prior written notice by
certified mail, return receipt requested, has been given to the MCCCD Risk Manager. Such
notice shall be sent directly to:

                       Len Wonsey, Purchasing
                       Maricopa County Community College District
                       2411 W. 14th Street
                       Tempe, AZ 85281

The certificates and endorsements for each insurance policy are to be signed by a person
authorized by that insurer to bind coverage on its behalf. All certificates and endorsements are to
be received and approved by the MCCCD before work commences. In the event any insurance
policy(ies) required by this Contract is(are) written on a “claims made” basis, coverage shall
extend for two years past completion and acceptance of the Construction Manager’s work or
services and as evidenced by annual certificates of insurance. If a policy expires during the life
of the Contract, a renewal certificate must be sent to MCCCD thirty (30) days prior to the
expiration date.

       Required Coverages

1.      Construction Manager shall maintain Commercial General Liability insurance with an
unimpaired limit of liability of not less than $1,000,000 for each occurrence with a $1,000,000
Products and Completed Operations Aggregate and a $1,000,000 General Aggregate Limit. The
general aggregate limit shall apply separately to the Work under this Contract or the general
aggregate shall be twice the required per occurrence limit. The policy shall include coverage for
bodily injury, broad form property damage, personal injury, products/completed operations, and
blanket contractual coverage including, but not limited to, the liability assumed under the
indemnification provisions of this Contract.

Such policy shall contain a severability of interest provision, and shall not contain a sunset
provision or commutation clause, or any provision that would serve to limit third party over
claims.

2.     Construction Manager shall maintain Commercial/Business Automobile Liability
insurance with a combined single limit for bodily injury and property damage of not less than
$1,000,000 each occurrence with respect to any of the Construction Manager’s owned, hired, and
non-owned vehicles assigned to or used in performance of the Construction Manager’s Work.

                                                                                           15
Coverage will be at least as broad as coverage code 1, “any auto”, (Insurance Service Office, Inc.
Policy Form CA 0011293, or any replacements thereof). Such insurance shall include coverage
for loading and off loading hazards. If hazardous substances, materials, or wastes are to be
transported, MCS 90 endorsement shall be included and $5,000,000 per accident combined
single limits for bodily injury and property damage shall apply.

3.      The Construction Manager shall carry Workers’ Compensation insurance to cover
obligations imposed by Federal and State statutes having jurisdiction of Construction Manager’s
employees engaged in the performance of the Work, and Employer’s Liability insurance of not
less than $1,000,000 for each accident, $1,000,000 disease for each employee, and $1,000,000
disease policy limit. In case any work is subcontracted, the Construction Manager will require
the Subconsultant to provide Workers’ Compensation and Employer’s Liability insurance to at
least the same extent as required of the Construction Manager.

4.      Failure on the part of Construction Manager to procure or maintain required insurance
shall constitute a material breach upon which the OWNER may immediately terminate this
Agreement, or, at its discretion, procure or renew such insurance and pay any and all premiums,
and all monies paid by the OWNER shall be repaid by Construction Manager to the OWNER
upon demand, or the OWNER may offset the cost of premiums against any monies due to
Construction Manager.

5.     Required coverages may be modified by an amendment to this Agreement.

INSURANCE REQUIRED OF THE CONSTRUCTION MANAGER DURING THE
CONSTRUCTION PHASE

During the Construction Phase of the Work, the Construction Manager shall purchase and
maintain insurance as set forth in AIA Document A201, Article 11, which shall be supplied to
the Owner as a pre-condition to the Owner issuing the Notice to Proceed.

INSURANCE REQUIRED OF THE OWNER

During both phases of the Project, the Owner shall maintain the Owner’s usual liability
insurance, including waivers of subrogation.

Provision of Supplies, Materials and Labor
The Consultant shall furnish all supplies, equipment, transportation, and all management and
labor necessary for the efficient and sound provision of the representational services included in
this contract, subsequent extensions and amendments.

Conflict of Interest. Pursuant to A.R.S. 38-511, the Contract and/or any Purchase Order(s)
issued against it is subject to cancellation by MCCCD if any personnel significantly involved in
this contract are found to be in conflict of interest.
Safekeeping of Records. Contractor shall keep in a safe place all financial records and
statements pertaining to the operations of this contract for a period of three (3) years from the
close of each years operation.

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Audits. Contractor shall make available all records pertaining to the contract for purposes of
audit by MCCCD staff or other review agencies.

Charges Outside Scope of Agreement. Charges of the contractor for services not permitted by
or beyond the scope of this contract shall be an expense of the contractor and not of or
reimbursable by MCCCD.

Non Discrimination
In connection with the performance of work under this contract, the Consultant agrees not to
discriminate against any employee or applicant for employment because of race, color, religion,
national origin, sex (including sexual harassment and pregnancy), sexual orientation,
handicap/disability, age and disabled or Vietnam era veteran status. This provision shall include,
but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or
recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and
selection for training, including apprenticeship. The Consultant further agrees to take affirmative
action to insure equal employment opportunities as required by law. The Consultant shall at all
times maintain compliance with the Americans with Disabilities Act.

Compliance with Laws
The Consultant shall at all times comply with the Federal Immigration Reform and Control Act
of 1986 (and by any subsequent amendments thereto) and shall indemnify and hold harmless
MCCCD from any and all costs or expenses whatsoever arising out of Consultant's compliance
or noncompliance therewith.

Non-Collusion
MCCCD encourages free and open competition. Whenever possible, specifications, proposal
invitations and conditions are designed to accomplish this objective, consistent with the necessity
to satisfy MCCCD's needs and the accomplishment of a sound economical operation.
The Proposer's signature on Non-Collusion Affidavit guarantees that the proposal offered has
been established without collusion with other eligible Proposers and without effort to preclude
MCCCD from obtaining the most advantageous proposal. The award(s) will be made to the
responsible Proposer(s) whose proposal is/are determined to be most advantageous to MCCCD
based on the evaluation factors in this RFP. The Non-Collusion Affidavit “Attachment A”
attached to this RFP must be executed by an authorized signatory and attached to any proposal
submitted.

Termination by the District
MCCCD may terminate this contract for neglect as determined by MCCCD which shall consider
such items as: insufficient insurance coverage, failure to provide required period statements or
quality of service is unsatisfactory to MCCCD. This may include any cessation or diminution of
service, including but not limited to failure to maintain adequate personnel, whether arising from
employment disputes, or otherwise any substantial change in ownership or proprietorship of the
Consultant that within the opinion of MCCCD is not in its best interest. MCCCD shall provide
ten (10) calendar days written notice of contract neglect, and unless within ten (10) calendar days
such neglect has ceased, and arrangements made to correct, MCCCD may terminate the contract
by giving sixty (60) days notice in writing by registered or certified mail of its intention to cancel


                                                                                             17
this contract. MCCCD also may terminate this agreement at will by giving sixty (60) days notice
in writing

Termination by Consultant
Should MCCCD breach any terms or provisions of this contract, the Consultant shall serve
written notice on MCCCD, setting forth the alleged breach and demanding compliance with the
contract. Unless within ten (10) calendar days after receiving such notice, the allegation shall be
contested or such breach shall cease and arrangements made for corrections, the Consultant may
terminate the contract by giving sixty (60) days notice in writing by registered or certified mail
of its intention to cancel this contract.

FERPA. If Contractor has access to students' educational records, Contractor shall limit its
employees' access to the records to those persons for whom access is essential to the
performance of this contract. At all times during this contract, Contractor shall comply with the
terms of the Family Educational Rights and Privacy Act of 1974 in all respects.

Sudan and Iran
Pursuant to Arizona Revised Statutes §35-391.06(A) and §35-393.06(B), Contractor certifies that
it does not have a “scrutinized” business operation in either Sudan or Iran, as that term is defined
in Arizona Revised Statutes §35-391(15) and §35-393(12) respectively.

4.     PROPOSAL REQUIREMENTS

This section of the RFP lists the items, which require specific, written responses or
confirmations. To be considered for selection, respondents shall meet the following
requirements.

Documents used for CMAR Contract

Documents used for CMAR Contract
The District uses the Agreement Between Owner and Construction Manager where the
Construction Manager is also the Constructor (based upon AIA Document B121/CMc with
Maricopa County Community College District modifications) and the General Conditions of
the Contract for Construction (based upon AIA Document A201-97 with Maricopa Community
College District modifications), as the agreement for this project

Drafts of this Agreement and the General Conditions, neither of which has been edited yet
specifically for this project, can be reviewed at:

http://www.maricopa.edu/facilitiesplanning/docs/A121_Owner_CMAR.pdf
http://www.maricopa.edu/facilitiesplanning/docs/A201_Gen_Cond_of_Const.pdf

Acceptance of Contract Terms and Conditions
A copy of the current form of contract and general conditions is available on the Facilities Planning
and Development website as noted above. These forms are subject to minor editing changes by the
District before they are presented to the successful Proposer. The successful Proposer will be


                                                                                                  18
required to execute the then current form of contract and General Conditions prepared by the
District.

If a Proposer objects to any terms or conditions in the Contract or General Conditions,
Proposer must include a list of terms and conditions to which the Proposer is opposed in its
initial proposal. Failure to do so will waive any later right to object to any terms or
conditions.

Proposals that request changes to terms or conditions that are unacceptable to the District may be
deemed non-responsive and rejected by the District without discussion. Discussion or listing of
objections to the contract will NOT count against the page limit for the RFP.

Legal Worker Requirements: Proposing firms are reminded that as mandated by Arizona
Revised Statutes § 41-4401, Maricopa is prohibited from awarding a contract to any contractor
who fails, or whose subcontractors fail, to comply with the requirements to verify the
employment eligibility of their employees through the Federal E-verify system. Note that this
also applies to all subcontractors and sub-consultants that you may use for this work. See
Maricopa agreements for this proposed work for additional detail.

SELECTION PROCESS

Selection Process and Negotiation of Contract

The successful Proposer will be selected at the end of the RFP process. This is a qualifications
based selection process. The initial written Proposal response should display clearly and
accurately the capability, knowledge, experience and capacity of the Proposer to meet the
requirements of the RFP.

Proposing firms will be ranked by the Selection Committee upon their qualifications and other
criteria shown below. A short list will be created of the top ranked firms, who then will be
interviewed. The District reserves the right to make an award without an interview. If an award
is made without interviews, that selection will be made based upon the criteria listed to create the
initial “short list”/RFQ evaluation.

The best qualified team, taking both the written materials and interviews into account, will be
recommended to the College president for selection and contract negotiation. The District then
will attempt to negotiate a contract for the construction contract (including bonds, insurance, fee,
and estimated General Conditions) and Pre-Construction Phase services with the highest ranked
firm, at a compensation that the District determines to be fair and reasonable for the services. In
making this decision and determining the fees, the District will take into account the scope,
complexity, and nature of the services required by the project. If the District is unable to
negotiate a satisfactory contract with the firm considered to be most qualified, negotiations with
that firm will be terminated. The District then will undertake negotiations with the next most
qualified firm in sequence until an agreement is reached or a decision is made to reject all
proposals.



                                                                                           19
At the times designated in the standard form of Contract for the Construction Manager at Risk,
the District and CMAR will negotiate a Guaranteed Maximum Price in the manner provided in
the Contract and the General Conditions. When the District and CMAR agree upon a final GMP,
the Agreement will become a contract for the construction. If negotiations for a GMP are not
successful, the District may terminate the Agreement without penalty, and proceed with the
project placing it out for traditional bidding, select a different CMAR through a new RFP
process.

Following final selection and contract award by the District’s Governing Board, debriefings on
firm proposals and interviews will be available to both the selected and not selected firms. We
encourage all firms to take advantage of this opportunity. Contact the responsible Facilities
Planning Project Manager to arrange for this review.

Proposal Length
Proposals should be about 15 pages, all inclusive. Selection will be made on merit/qualifications.
The fee will be negotiated with the construction manager selected as "most qualified" for this
project.

We will count each page that has text, graphics or photographs, including resumes and the cover
letter. If material is on both sides of the page, that will count as two pages. We will NOT count
the following as pages: front and back cover of the submittal, dividing tabs, table of contents if
one is provided, required letters from insurance companies/surety or financial institutions for
CMAR’s, the A305 Contractor Qualifications form (including a reasonable number of well
edited supplemental pages for the Maricopa additions to the standard A305 form), and other
required Attachments including the non-collusion affidavit and signature page.

5.             EVALUATION CRITERIA

Selection Criteria and Submittals
Please provide the following information in the sequence and format prescribed below. In screening
the responses to this Request for Proposal and in selecting a construction manager, the following
will be considered.

Acknowledge all addenda issued and submit the non-collusion affidavit and signature page
with your RFQ. There are no points assigned to this, but those who forget these items risk having
their response evaluated as non-compliant, which is a huge waste of your time and effort.

In the initial screening of the responses to the Request for Proposal and in selecting a consultant, the
following will be considered. The items shown below under Initial Screening for Interview Shortlist
are shown in detail.

The criteria used within the interviews and for final firm recommendation include the following: (a)
the firm’s ability to communicate well and relate to the project users, campus and district
administration (b) discussion and demonstration of experience with the proposed project type; and
(c) discussion of the important and critical issues, opportunities, challenges presented by this project
and similar projects completed by the proposing team.

                                                                                                     20
General Information
A.1. Firm Information and History
(deductive points only, with no total limit, with a weighting of 2)

NOTE TO RESPONDING FIRMS: IF YOU FEEL THAT SOME OF THE INFORMATION
REQUESTED IN THIS SECTION, SUCH AS FINANCIAL OR LAWSUIT/CLAIMS
LISTING, SHOULD BE CONFIDENTIAL, YOU STILL MUST SUBMIT IT OR POINT
REDUCTIONS WILL BE MADE.

YOU MAY SUBMIT THIS MATERIAL IN A SEPARATE SEALED ENVELOPE
MARKED “CONFIDENTIAL”. THIS ENVELOPE WILL BE LOGGED IN WITH THE
PROPOSAL SUBMITTAL, THEN OPENED AND EVALUATED ONLY BY THE
PROJECT MANAGER, THEN RESEALED AND RETURNED TO PURCHASING FOR
RECORD RETENTION.

The following information may be supplied on AIA Document A305, Contractor's Qualification
Statement, along with supplemental information or can be provided in another format, as long as the
following order of information is observed and all requested information is provided. Items
indicated with an asterisk (*) are items that are contained in the AIA A305 and need not be
submitted separately if that document is provided. Items shown in italics are required additional
information not included in the basic A305 document.

General Firm Information:
      a) Name of firm*:
      b) Address of principal's office*:
      c) Phone and fax*:
      d) Form of Business Organization (Corporation, Partnership, Individual, Joint Venture,
          Other)*:
      e) Year Founded*:
      f) Primary Contact*:

1. Organization:
       a) How many years has your organization (parent company if multiple branches or local
          office if that is the entire organization) been in business as a Contractor*?
       b) How many years has your organization been in business under its present name*? Under
          what other or former names has your organization operated*?
       c) - How long has your Phoenix office been in operation?
          - What the current employee manpower level count is by general position description
          (show number of office and field construction staff by title/position, including specific
          counts of estimators/project managers, project engineers/field assistance, and general
          or assistant superintendents; general administrative or support staff need not be
          shown).
          - What the local office’s average annual construction volume in place is for each of the
          past five years.
       d) If your organization is a corporation, answer the following: Date of incorporation, State
          of incorporation, President's name, Vice-President's name(s), Secretary's name, and
          Treasurer's name*.
                                                                                          21
       e) If your organization is a partnership, answer the following: Date of organization, type of
          partnership (if applicable), and names of general partner(s)*.
       f) If your organization is individually owned, answer the following: Date of organization,
          name of owner*.
       g) If the form of your organization is other than those listed above, describe it and name the
          principals*.
       h) Provide the names of any other construction related companies which the current
          company ownership is or was an owner or partner, either in whole or in part, whether
          still in business or no longer in business, in the past ten years. If the company is no
          longer in business, state the reason.

2. Licensing and office in Arizona:
       a) List jurisdictions and trade categories in which your organization is legally qualified to
           do business and indicate registration, showing your State of Arizona license
           type/classification and license numbers*.

           Note: At the time of this RFQ submittal, the Constructor must have a valid
           Arizona General Contractor's license for the work proposed as well as any work
           that is proposed to be self-performed. The Constructor also must have an
           established office for at least three years in the State of Arizona at the time of the
           RFQ submittal.

       b) List jurisdictions in which your organization's partnership or trade name is filed*.
       c) List all claims filed with the State Registrar of Contractors in the previous five years
          with a detailed description of the claim and the claim's disposition.

3. Organization History and Experience
       a) List the categories of work that your local office normally performs with its own
          forces*.
       b) List any subcontractors in which your organization has some ownership and list the
          categories of work those subcontractors normally perform.
       c) Claims and suits (If the answer to any of the questions below is yes, please attach
          details):
              1) Has your organization ever failed to complete any work awarded to it*?
              2) Are there any judgments, claims, arbitration proceedings or suits pending or
                  outstanding against your organization or officers*?
              3) Has your organization filed any lawsuits against or requested arbitration or
                  mediation with regards to its construction contracts with an owner, within the
                  last five years*?
              4) Within the last five years, has any officer or principal of your organization been
                  an officer or principal of another organization when it failed to complete a
                  construction contract*?




                                                                                                  22
       5) Please list all legal or administrative proceedings valued at more than
          $100,000, including litigation, construction claims, mediation or arbitration,
          currently pending against your organization or concluded adversely to your
          organization within the last five years that relates to the procurement or
          performance of any public or private construction work. General statements,
          without detail, that “large construction organizations like ours often are
          involved in litigation or claims”, etc., will be considered insufficient response to
          this question.
       6) Has your organization ever had a surety company finish work, or has your
          organization ever entered into any voluntary take-out agreement, been defaulted
          or terminated for anything other than Owner convenience or lack of funds for
          the project on any project within the last five years?
       7) Has your company been assessed liquidated damages for late completion or
          delivery of any project within the past five years?
       8) Has your organization had any violations of federal or State law, related to
          payment of wages, benefits, personal income tax withholding, FICA withholding
          requirements, State disability insurance withholding, or unemployment
          insurance payment requirements, settled against the organization within the last
          five years?
       9) Has the organization had any conviction of any member of the organization's
          ownership, upper management, or the proposed project team, related to
          submitting a false or fraudulent claim to a public entity?

d) State the total worth of work in progress and under contract, PLEASE SPLIT THIS
   TOTAL into
            work in pre-construction/not yet started and
            actual construction work in progress
           as of the date of this submittal*.

   NOTE: If your firm is a multi-location operation, include only those projects being
   managed and run from the same office location that will manage this proposed
   project.

e) State the average annual total amount and average number of projects with value
   exceeding $3 million of construction work being managed from the same office or
   branch proposed for our project over the past five years*.

   NOTE: If your firm is a multi-location operation, include only those projects being
   managed and run from the same office location that will manage this proposed
   project.

f) List the construction experience and present commitments of key individuals of your
   organization*.




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4. References
       a. Provide the names, address, phone number and contact name of four local trade or sub-
           contractor references*.
       b. Provide the names, address, phone number and contact name for the local office’s
           primary bank*.

A.2. Financial Information

     1. Financial Statement
           Provide the name, address, and phone number for your primary banking reference*.

     2. Surety
       a) Provide name of bonding company, name and address of agent, and bond rating*.

       b) Provide the total bond capacity of the firm and a written verification of payment and
          performance bond capacity up to 125% of the proposed value for this project proposed
          to take place coincidentally with your current and anticipated workloads. This
          statement may be made with the usual caveats from the surety, but must include a
          specific affirmative statement of favorable commitment for bonding for this
          project. General reference to the company’s capability, character, experience, etc.,
          WILL NOT BE sufficient to meet this requirement.

          The bonds required by this contract shall be provided solely by one or more surety
          companies holding a Certificate of Authority to transact surety business in this State
          issued by the Director of the Department of Insurance pursuant to A.R.S. § 20,
          Chapter 2, Article 1. Individual surety or sureties shall not execute the surety bond
          or bonds, even if the requirements of A.R.S. § 7-101 are satisfied.

       c) Provide letter from the surety that affirms capability and rating.

       d) State whether the Contractor or any related entity has been turned down on any surety
          bond requests or bank credit requests within the past three years. If so, please provide
          the details.

    3. Insurance
          Provide the name of Workers Compensation, general liability, and commercial auto
          liability insurance companies. Include name, address and phone number of agent(s).

    4. Financial Stability
         The Contractor must demonstrate the availability of financial resources and working
         capital to complete the project. We strongly prefer that the firm have:

           a) Working Capital Ratio of >1.0 (current assets/current liabilites)
           b) Positive profitability (revenues less costs before tax); and
           c) Return of Assets ratio >1%. (net profit before taxes / total assets)



                                                                                               24
            For the Contractor and/or its equity participants local office or business unit (not for the
            company as an entirety unless the local office is the entire company or there are no
            further business sub-divisions that include the local office), indicate Working Capital
            Ratio, Profitability (by percentage or dollar value) and Return on Assets Ratio for the
            most recently closed accounting annual accounting period AND previous two
            years (THREE YEARS TOTAL).

        If a standard financial statement is submitted, it must include the three years AND
        you must provide the calculated ratios or measures in clear form. The District will
        not provide this calculation for you.

        Copies of audited statements are not required with this submittal. The District reserves the
        right to require the Contractor to provide copies of audited financial statements for the prior
        three fiscal years, and interim financial statements, for review prior to contract award.
        Copies of financial statements may be submitted in a separate sealed envelope if they must
        remain confidential. These statements will be opened and evaluated, then be retained by
        Purchasing as evidence of their submittal.

B. Current and Projected Work Load
(0-5 points times a weighting factor of 5)

   1. List all construction projects ($3,000,000 or larger) that your organization has (a) in
      progress, (b) under contract but not started, or (c) completed within the prior two years,
      giving the name and location of the project, the nature of your selection for the project
      (traditional bid, CMAR or negotiated contract, design-build, etc.), contract amount, percent
      complete and scheduled completion date, and both owner and architect contact name and
      current (please confirm!!) phone number.

   2. Please state what percentage of work in the local office that is currently in process and for
      the past three years is performed under a negotiated contract or CMAR format.

C. Previous experience in similar type projects (REMODEL)
(0-5 points times a weighting factor of 10)

Identify at least five similar and comparable remodeling projects in which your organization served as
either Construction Manager at Risk, agency Construction Manager during design and construction
phases (without providing construction services), and/or General Contractor. If you have not had
CMAR experience on similar projects, but your firm experience on other projects that you feel are
comparable to either this project or the CMAR process, also include an explanation of why you
believe that the experience is comparable or applicable to this project or delivery method.

       For each similar and comparable project identified, provide the following:

               1) Description of project (use or type, size, location).
               2) Role of firm and services provided (specify whether Construction Manager at
                  Risk, agency Construction Manager or General Contractor. If CM at Risk or
                  General Contractor, identify the percent of work self-performed. Also list

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                   services provided during the design phase, i.e. cost estimating, scheduling, value
                   engineering, etc.).
              3)   Project's initial budget at the time of the CMAR’s initial hiring, GMP contracted
                   construction cost at Notice to Proceed, and final construction cost at the
                   completion of the project (not final GMP). Indicate for each project:
                    o at what point the GMP was established (following design development, at
                       85% construction documents, etc.)
                    o the percentage of the total GMP that was used for the TOTAL of the
                       (Contractor fee + overhead + general conditions + bonds + insurance +
                       Construction Phase Contractor Contingency + sales tax + other similar
                       costs) that were required to provide and manage the project but were not
                       materials, labor equipment, transportation directly incorporated into the
                       project.
                    o specifically, what percentage of the total GMP was the Contractor
                       Contingency
                    o approximately what percentage or dollar amounts of the Contractor
                       Contingency that each were used by the CMAR, Owner or consultant
                       related change orders
                    o the final dollar amount of unused Contractor Contingency that was returned
                       to the Owner. If the final GMP is less than or equal to the final GMP and no
                       change orders were written (except for a final reconciliation of
                       contingency/savings), indicate how changes to the project from the
                       contractor, architect or owner were accommodated.
              4)   Construction dates, including scheduled completion and actual completion dates.
              5)   Project owner and architect contact, including name and current phone number.
                   PLEASE confirm this information.
              6)   List the project’s key office staff and field personnel who worked on the
                   project. Note by color, asterisk, etc. which of these staff are being proposed for
                   our project.

D. Experience of key personnel to be assigned to this project
(0-5 points times a weighting factor of 8)

       1. List the individuals to be assigned to the project and identify their position on the project
          team. Include a resume describing applicable qualifications and experience. List
          examples of their experience on at least three similar projects, identifying project size,
          schedule and complexity, as well as their specific role.

          The District’s selection of a firm is based strongly on the primary/lead personnel
          proposed by the firm at the time of the RFP (per the required and submitted manpower
          staffing plan) and as presented at the final interview. Consequently, the District has a
          right to expect these personnel will continue in their proposed capacity through the
          completion of our project except for an individual's promotion, out of town transfer,
          termination of employment, illness or death.




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       2. Projects used as examples of “similar, relevant” work experience by an individual shall
          meet the following minimum requirements:
             The individual must have been assigned at least 33% full time to the project for an
               entire phase of the work indicated
             The individual must have had a substantive role or experience with the project.
               Occasional “exposure to”, “support of” or “I logged shop drawings for it” is
               insufficient to meet this requirement.

       This experience shall be clearly noted if the individuals were employed by other firms while
       doing the work. The District will spot check claims of experience done at other firms to
       assure the integrity of this information.

       3. Provide graphical organization of proposed staff.

       4. Provide graphic depicting your proposed manpower plan, and current and projected
          workloads of proposed staff members. Indicate the time that each of the assigned staff
          will have to dedicate to this project during each phase (pre-construction and
          construction) of this project.

Improper or misleading credit for projects, in our view, is an adverse reflection on a firm's
integrity

E. Understanding and Approach to the Project
(0-5 points times a weighting factor of 7)

   You may discuss briefly your typical pre-construction and construction services process, but
   are not required to include a narrative that your firm will provide pre-design services, then
   price the work, then manage the construction, etc. We assume that these are common
   elements from all firms. Use this part of the RFP to show us the value added that your firm
   brings to this project, in recognizing opportunities and challenges presented by this particular
   project, based upon our specific project needs, site, education specifications, coordination
   and your past experience. What are the issues, special risks opportunities and challenges you
   perceive in this project and how do they impact the project? You don’t have to provide
   solutions or suggested recommendations but at least highlight these issues based upon your
   experience from other projects, insight or training.

   Avoid using professional jargon or technical terms that the Committee members may not be
   familiar with.

   For this project specifically, please consider and address the following:
   a) Your approach in general towards remodeling, renovations, or re-purposing.
   b) Other issues, ideas or challenges on this project not covered above.




                                                                                          27
F. Sub-Contractor Selection and Pre-Qualification Program
(0-5 points times a weighting factor of 5)

       Per requirements in State statute, describe the process and system that your firm will use to
       recommend, screen, pre-qualify and finally select sub-contractors for a project. Include both
       the areas of discussion/evaluation, as well as the timing of these reviews/decisions in the
       pre-qualification and final selection process. This plan will become the actual process used
       in this project per Arizona Statute requirements.

G. References
(Minus 5 to plus 5 points times a weighting factor of 2)

Please verify that all information provided is current!

       1. Client references: For at least three of the projects listed in the similar experience
          section, identify a representative of the owner and a representative of the architect,
          providing their name, current phone and fax numbers.
       2. Credit references: Provide a minimum of five credit references from key suppliers,
          vendors and banks, including organization, contact name, telephone number.

H. Safety Program/Record
(0 to 5 points times a weighting factor of 2)

       1. Note number of OSHA recordable cases, lost workdays, restricted workdays and
          fatalities during the last three years.
       2. Summarize your written safety program. Include information on how you manage safety
          on the job site. A single copy of your safety program may be requested separately but
          should not be included in the RFQ response.
       3. Identify the firm's current insurance experience modifier rate and that for each of the
          previous three years.
       4. List any citations or serious violations of OSHA regulations within the past three years.
       5. List the types of work typically self-performed on your projects.

I. Other Selection Criteria: Project experience with the District, firm size and quality of prior
work
(+5 to –5 points for each item times a weighting factor of 1)

   List all Maricopa Community College projects awarded to your firm in the past five years. The
   list shall include projects that currently are on-going, completed or those which your firm has
   been selected but are not yet under contract. For each project, note the location, award date (note
   if pending), construction cost or budget, project status/phase and estimated completion date.

   As part of our selection process, the District has the responsibility of taking into account the size
   and complexity of the project under consideration, the resource investment of the firm in current
   District work, the quality and amount of previous work recently performed for the District, and
   the opportunity to more closely match firm size to project size in order to extend consulting
   opportunities to a broad representation of qualified firms.
                                                                                                     28
J. Principal office location and local participation to provide the services
(0 to -5 points times a weighting factor of 1)

   The District desires strong local participation in and support of this project, including the greater
   area of the State. Identify the location of the firm’s principal office and home office location of
   key staff for this project. Identify local (presently living or permanently relocating to the
   Valley) versus non-local staffing of your team, and the percent of their work expected to be
   done locally.

K. Listing of design professionals with whom your firm has CMAR experience
(0 points but may help in creation of the project team)

   This District believes that both the design team and contractor should have prior experience
   with CMAR if that is the proposed project delivery method. Please list the name/description
   of projects, owner, name of architect/engineer, construction value and completion date for all
   projects delivered by the CMAR in the past five years in which your firm was the prime/lead
   firm. Provide a current contact name and phone number for each owner and lead design firm
   listed.

All information submitted shall be followed with a signature block showing the date of the
submittal; name of the organization; name, title and phone number of the individual
signing the submittal; and signature plus seal of an Arizona Public Notary indicating that
the submitted information is true and sufficiently complete so as to not be misleading or
perjurious.




                                                                                               29
                                ATTACHMENT "A"
                                   RFP #3120-7
                          NON COLLUSION AFFIDAVIT FORM

COMPANY NAME:

ADDRESS:




The persons, corporation or company who makes the accompanying proposal, having
first been duly sworn, deposes and says:

That such proposal is genuine and not sham or collusive, nor made in the interest or behalf of
any person not herein named, and that Bidder has not directly or indirectly induced or solicited
any other bidder to put in a sham bid or another person, firm, or corporation to refrain from
bidding, and that the bidder has not in any manner sought by collusion to secure for itself an
advantage over any other bidder.



                                     Signed:

                                     Name:

                                     Title:


Subscribed and sworn to before me
the _____ day of                               2012



Signature of Notary Public in and for the

County of

State of

                                   My Commission Expires:




                                                                                               30
                                             ATTACHMENT "B"
                                                RFP #3120-7
                                             SIGNATURE PAGE

COMPANY NAME:

ADDRESS:



TELEPHONE:                          (    )                              FAX: (        )

E-MAIL:

Acknowledgements:

           Acknowledgement of Addenda No.                               Date




The persons, corporation or company who makes the accompanying proposal, having
first been duly sworn, deposes and says:

That such proposal is genuine and sufficiently complete so as not to be misleading.



                                                      Signed:

                                                      Name:

                                                      Title:

                                                      Date:


Subscribed and sworn to before me

The           day of                    2012



Signature of Notary Public in and for the

County of

State of



                                                                                          31

				
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