Request for Proposals Eastern Kentucky University Construction Manager/General Contractor Services Powell Student Union Renovation RFP 46-18

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1 Request for Proposals Eastern Kentucky University Construction Manager/General Contractor Services Powell Student Union Renovation RFP Issued: July 14, 2017 Due: August 11, 2017, 10:00 AM (ET) 521 Lancaster Ave. Richmond, KY 40475

2 Eastern Kentucky University Purchases & Stores-Commonwealth Bldg., 14 th Floor 521 Lancaster Avenue Richmond, KY REQUEST FOR PROPOSAL RFP No Issue Date: Purchasing Official: Phone: Service: ATTENTION: This is not an order. Read all instructions, terms, and conditions carefully. July 14, 2017 James Sizemore (859) Construction Manager/General Contractor Services for the Powell Student Union renovations IMPORTANT: PROPOSALS MUST BE RECEIVED BY: August 11, 2017, 10:00 AM (ET) 1. It is the intention of the Request for Proposal (RFP) to enter into competitive negotiation as authorized by KRS and 200 KAR 5:307 for Construction Manager/General Contractor services 2. Proposals shall not be subject to public inspection until negotiations between the purchasing agency and the successful Offeror have been concluded and a contract awarded to the responsible Offeror submitting the proposal determined in writing to be the most advantageous to the University. The evaluation factors set forth in the advertisement and solicitations for proposals will be considered Contracts resulting from this RFP must be governed by and in accordance with the laws of the Commonwealth of Kentucky. 5. The University reserves the right to request proposal amendments or modifications after the proposal receiving date. 6. THE TERMS AND CONDITIONS OF THIS REQUEST FOR PROPOSAL INCLUDE ALL GENERAL CONDITIONS, AS SET FORTH BY EASTERN KENTUCKY UNIVERSITY PLUS ANY SPECIAL CONDITIONS ENUMERATED HEREIN. NOTICE 1. Any agreement or collusion among Offerors or prospective Offerors, which restrains, tends to restrain, or is reasonably calculated to restrain competition by agreement to proposal at a fixed price or to refrain from offering, or otherwise, is prohibited. 2. Any person who violates any provisions of KRS 45A.325 shall be guilty of a class D felony and shall be punished by a fine of not less than five thousand dollars nor more than ten thousand dollars, or be imprisoned not less than one year nor more than five years, or both such fine and imprisonment. Any firm, corporation, or association who violates any of the provisions of KRS 45A.325 shall, upon conviction, be fined not less than ten thousand dollars or more than twenty thousand dollars. AUTHENTICATION OF RFP AND STATEMENT OF NON-COLLUSION AND NON-CONFLICT OF INTEREST I hereby swear (or affirm) under the penalty for false swearing as provided by KRS : 1. That I am the Offeror (if the Offeror is an individual), a partner (if the Offeror is a partnership), or an Officer or employee of the bidding corporation having authority to sign on its behalf (if the Offeror is a corporation); 2. That the attached proposal has been arrived at by the Offeror independently and has been submitted without collusion with, and without any agreement, understanding or planned common course of action with, any other Contractor of materials, supplies, equipment or services described in the Request for Proposal, designed to limit independent offering or competition; 3. That the contents of the proposal have not been communicated by the Offeror or its employees or agents to any person not an employee or agent of the Offeror or its surety on any bond furnished with the proposal and will not be communicated to any such person prior to the official closing of the RFP: 4. That the Offeror is legally entitled to enter into contracts with the Eastern Kentucky University and is not in violation of any prohibited conflict of interest, including those prohibited by the provisions of KRS 45A.330 through KRS 45A.340 and KRS , and 5. That I have fully informed myself regarding the accuracy of the statement made above. SWORN STATEMENT OF COMPLIANCE WITH CAMPAIGN FINANCE LAWS In accordance with KRS45A.110(2), the undersigned hereby swears under penalty of perjury that he/she has not knowingly violated any provision of the campaign finance laws of the Commonwealth of Kentucky and that the award of a contract to an Offeror will not violate any provision of the campaign finance laws of the Commonwealth of Kentucky. OFFEROR REPORT OF PRIOR VIOLATIONS OF KRS CHAPTERS 136, 139, 141, 337, 338, 341 & 342 The Offeror by signing and submitting a proposal agrees as required by KRS 45A.485 to submit final determinations of any violations of the provisions of KRS Chapters 136, 139, 141, 337, 338, 341 and 342 that have occurred in the previous five (5) years prior to the award of a contract and agrees to remain in continuous compliance with the provisions of the statutes during the duration of any contract that may be established. Final determinations of violations of these statutes must be provided to the University by the successful Offeror prior to the award of a contract. CERTIFICATION OF NON-SEGREGATED FACILITIES The Offeror, by submitting a proposal, certifies that he/she is in compliance with the Code of Federal Regulations, 41 CFR that prohibits the maintaining of segregated facilities. TOBACCO-FREE CAMPUS POLICY The Offeror, by signing and submitting a Proposal, agrees to comply with the University s Tobacco-Free Campus Policy. See: SUSTAINABILITY POLICY The University is committed to reducing the adverse environmental impact of its purchasing decisions; it is committed to buying goods and services from contractors who share its environmental concern and commitment. The University encourages bidders to include in their responses economical and environmentally friendly products and service options that serve to minimize waste, reduce excess packing, recycle, reduce, reuse, prevent pollution, and/or offer resource efficiency. It s the University s goal to maximize environmental responsibility on its campuses. SIGNATURE REQUIRED: This proposal cannot be considered valid unless signed and dated by an authorized agent of the Offeror. Type or print the signatory's name, title, address, phone number and fax number in the spaces provided. Offers signed by an agent are to be accompanied by evidence of his/her authority unless such evidence has been previously furnished to the issuing office. Company Name Authorized Signature Date Address Typed or Printed Name City, State, Zip Title Phone Number Fax Number Federal I D Number Eastern Kentucky University Page 2 of 25

3 1.0 DEFINITIONS The term Academic Year when used herein is defined as the nine (9) calendar months beginning mid-august of each year and ending mid-may of the following year. The terms Addenda or Addendum are defined as written or graphic instructions issued by Eastern Kentucky University prior to the receipt of Proposals that modify or interpret the Request for Proposal documents by addition, deletion, clarification, or correction. The term Competitive Negotiation is defined as the method authorized in Kentucky Revised Statutes, Chapter 45A.085. The term Construction Manager-General Contractor shall have the meaning as defined in KRS 45A.030. The terms Contract and Resulting Contract are used interchangeably and are defined as the official agreement and contract award resulting from the Successful Offeror s response to this Request for Proposal. The terms Contractor or Successful Offeror are defined as the individual or entity receiving a contract award. The term Fiscal Year when used herein is defined as the twelve (12) calendar months beginning July 1 of each year and ending on June 30 of the following year. The Contractor s year-to-date reports will coincide with the Fiscal Year of the University. The terms Offer or Proposal are defined as the Offeror s response to this Request for Proposal. The term Offeror is defined as the individual or entity submitting a Proposal. The term Purchasing Agency is defined as Eastern Kentucky University, Division of Purchases & Stores, Commonwealth Bldg., 14 th Floor, Rm 1411, 521 Lancaster Ave., Richmond, KY The term Purchasing Official is defined as Eastern Kentucky University s designated contracting representative. The term Responsible Offeror is defined as a person, company, or corporation with the capability in all respects to perform fully the contract requirements and with the integrity and reliability ensuring good faith performance. The term Solicitation is defined as this Request for Proposal. The term University is defined as Eastern Kentucky University. Eastern Kentucky University Page 3 of 25

4 2.0 GENERAL OVERVIEW 2.1 Intent and Scope Eastern Kentucky University desires the services of an experienced and highly qualified Construction Management/ General Contractor firm to provide construction management and general contractor services on the proposed project. The Construction Manager/ General Contractor (CM/GC) selected will become a responsible, cooperative and contributing member of the University s professional team for the design review and construction of the project. The Construction Manager/ General Contractor (CM/GC) will provide assistance, advice and provide management services to the University and Consultants to assure the project is completed within the defined budget, program and schedule. It is anticipated that the renovation of the building will be implemented in multiple bid packs staged to take advantage of fasttracking and phasing of the construction. The funding available for the design and construction of this building and its amenities is $20,000,000 The Owner intends to contract with the CM/GC for Pre-Construction Services and Construction Services. This work will consist of the performance of specific work requirements outlined in this Request for Proposals at each design sub-phase, as the design progress to allow for early release of Bid Packages, including constructability reviews, reconciliation of estimated and actual bid package pricing, construction schedules, etc. The specific work requirements to be performed will be on the basis of the documents prepared by the Architect/Engineer. The contract initially established for construction management/ general contracting services will be a two part agreement where the Pre-Construction Services will be of a pure agency relationship and the Construction Services will be of a Construction Manager/ General Contractor contract with a fee for each part of the services to be established during the RFP process and modified as the project progresses. Initially, the Agreement will authorize Pre-Construction Services only. The University reserves the right to make a determination to proceed with the Construction or not, as the best interests of the University dictates. The Construction Manager/ General Contractor shall perform the required Pre-Construction Services and shall prepare various cost estimates, constructability reviews and each of the Bid Packages, established in the process outlined in this Request for Proposals. The Construction Manager/ General Contractor will develop and issue all bid packages. The issuance of bid packages will be scheduled as the project design progresses. The Construction Packages may include, but not necessarily be limited to: demolition, utility and other infrastructure improvements, shell space for food service, bookstore and bank vendors, and overall building renovations. No portion of the construction work may be performed by the Construction Manager/ General Contractor or its affiliates unless a trade contractor or subcontractor fails to perform and upon prior approval by the University and in compliance with the provisions of KRS 45A. The design team for the project has been selected by the University and includes the following: Architect Sherman Carter Barnhart MEP Staggs and Fisher Structural Brown and Kubican Structural Engineers Commissioning Authority Facilities Commissioning Group The proposed draft project schedule is below. The schedule is subject to change as the project develops more fully. Complete Programming July 13, 2017 EKU Review July 14, 2017 July 28, 2017 Schematic Design July 29, 2017 September 4, 2017 EKU Review September 5, 2017 September 19, 2017 Abatement SD / DD / WD (by others) September 19, 2017 November 14, 2017 Eastern Kentucky University Page 4 of 25

5 Design Development September 19, 2017 November 19, 2017 EKU Review November 19, 2017 December 10, 2017 Complete Select Demolition documents* December 15, 2018 Select Demolition Bid Opening* January 16, 2018 Select Demolition Construction* February 1, 2018 April 15, 2018 *for Aramark Spaces Construction Documents December 15, 2018 April 1, 2018 Final QA / EKU & CM Review April 1, 2018 April 30, 2018 Bidding May 1, 2018 May 30, 2018 EKU Review May 30, 2018 June 15, 2018 Construction June 15, 2018 January 2020 ATTACHMENTS: To assist interested offerors, the University has attached several key attachments that represent the overall program schematic for this planned renovation, as well as show proposed renovated building plans. ATTACHMENT C Program Schematic for Powell Renovation, developed by Sherman Carter Barnhart. ATTACHMENT D CM/GC Powell Student Union Renovation Contract Current building plans for Powell can be downloaded via the following link: Background Information Powell Renovation The Powell Building is a three-story, 133,000 sq.ft. building. Built in 1971 and located in the center of campus, the building is named for former University President J. C. Powell. The Powell building serves as a student union, and recreation facility. There is a cafeteria located on the upper level and several retail food outlets in the lower level. The middle level contains mostly offices and gathering spaces. The renovation project will include removal of the cafeteria on the upper level and repurposing of the spaces. In addition to Student activities such as meeting rooms, conference space, offices and general gathering areas, the Powell Student Union will house the University s bookstore, operated by Barnes and Noble, and up to three retail food locations, operated by Aramark. The current plan is to vacate the building in December 2017, and begin renovations to the space that will allow Aramark to open and operate the three retail locations by the beginning of the Fall Semester in Aramark will provide some fit-up of these spaces, but the University will be responsible for providing a white box. The University may also want to explore the option of completing renovations to the portion of the building that will be used by Barnes and Noble before the entire renovation is completed. The CM/GC will be responsible for providing leadership to the project with respect to the development and implementation of a phasing plan to implement the renovation and early move-in schedules. The CM/GC will be responsible for ensuring that the phasing provides for safe operation of the building during the construction phases and meets all regulatory requirements. Abatement of hazardous materials will also be required during the renovation project. The abatement will not be the responsibility of the CM-GC, but assistance with scheduling and coordination of the abatement efforts will be required by the CM-GC. The GC/MC may be asked to assist in coordinating moving efforts of faculty/staff out of Powell during phases of renovation as necessary. Eastern Kentucky University Page 5 of 25

6 2.3 University Information Eastern Kentucky University is a comprehensive university serving approximately 16,000 students on its 725-acre Richmond, Kentucky campus, its educational centers in Corbin, Danville, Lancaster and Manchester, and other sites in Kentucky. Michael Benson serves as the 13 th president of the University, focusing on three overarching points for the University: student success, regional stewardship and the Quality Enhancement Plan. Additional information about Eastern Kentucky University is available at SCOPE OF SERVICES The CM/GC will be responsible for providing full Construction Management services. This will include participation in design meetings, constructability reviews, budget review and reconciliation at each phase of design, preparation and assembly of bid documents, bidding, review of bids and recommendations to the owner, and complete construction management during construction. The project will be designed and constructed in accordance with EKU s Capital Construction Procedures Manual. The successful Offeror will have direct experience in the renovations of facilities similar to the facility intended by this Project. This experience will preferably be with facilities of the same or similar scope as outlined in the project description in this RFP. The successful Offeror will have direct experience with providing Constructability Reviews, Scheduling, Value Engineering, Project Site Staging Management, Cost Estimating, and Materials Evaluation during the Project design process. The successful Offeror will have the professional expertise to provide Construction Process Services, Construction Scheduling and Control, Project Site Staging Control, Trade Contractor Contracting and Management. It is anticipated that certain bid packages may be released for construction early. The successful Offeror will have direct experience in coordinating early trade package work in relation to the entire project Work that may be performed concurrently, in sequence or at a short term future date. Direct experience refers to project construction management and/or general contractor experience on similar projects, by the persons who the Construction Manager/ General Contractor indicates will actually be involved in this project. Respondents should provide clear information about the credentials and personal experience of its key team members. This information should be presented so that it is clearly understood by the selection committee members. 3.1 General This project will involve the renovation of the Powell Student Union. The Student Union will be largely empty during the renovations, however the University desires to have the lower level renovated to the extent necessary to allow our food vendor, Aramark, to occupy space in the lower level to provide up to three retail food locations. The University is also interested in allowing the Bookstore to open prior to the completion of the overall renovation project if possible. 3.2 Objectives This project will provide for a complete renovation of the Powell Student Union, which will include demolition of some existing features of the building, upgrades to the HVAC systems and the building, and creation of new spaces within the existing footprint. 3.3 Service Requirements The selected CM/GC will provide full service construction management services for the duration of the project through the warranty period. 4.0 PROPOSAL REQUIREMENTS The Request for Proposals under this solicitation will be issued in two phases. Phase 1 is the submission of written Technical Qualifications and a Fee Proposal (Pre-Construction fee proposal and Construction Services fee proposal.) This will result in the Short-Listing of the three most qualified Construction Management/ General Contractor Firms. Phase 2 will be interviews/presentations, resulting in the selection of the successful Offeror from the Shortlisted firms identified in Phase 1. Eastern Kentucky University Page 6 of 25

7 4.1 Key Event Dates** Phase 1** Release of RFP: July 14, 2017 Pre-Proposal Conference Phase 1: July 20, 2017, 10:00 AM (ET) Final Date for Written Questions Phase 1: July 25, 2017, 10:00 AM (ET) Final Date for issuance of Addenda Phase 1*: July 28, 2017 Phase 1 RFP Proposals Due: August 11, 2017, 10:00 AM (ET) Evaluation of Phase 1 Proposals: August 23, 2017 Notification of Phase 1 Finalists (Shortlisted Firms): August 23, 2017 Phase 2** Interviews/presentations : August 30, 2017 Award of Contract for Construction Manager/ General Contractor: TBD * Decisions and Clarification s will be incorporated into the proposal documents by an addendum. ** The Key Events are projected dates and are subject to change. Note: All dates are estimated. Any change in dates will be announced to all parties. 4.2 Offeror Communication To ensure that RFP documentation and any subsequent information (modifications, clarifications, addenda, etc.) is directed to the appropriate primary contact person with the Offeror, each Offeror who intends to participate in this RFP is required to provide immediately the following information to the Purchasing Official: Name of primary contact Mailing address of primary contact Telephone number of primary contact Fax number of primary contact address of primary contact Secondary contact person(s) including all information above This information shall be transmitted electronically to: James Sizemore, Asst. Director Division of Purchases & Stores Eastern Kentucky University Commonwealth Bldg., Rm Lancaster Avenue Richmond, KY Phone: (859) Fax: (859) james.sizemore@eku.edu Note: All communication with the University regarding this RFP shall be directed only to the University Purchasing Official listed above. 4.3 Questions All questions should be submitted in writing to James Sizemore, Purchasing Official, no later than July 25, 2017, 10:00 AM (ET). Please submit questions electronically to: james.sizemore@eku.edu 4.4 Non-Mandatory Pre-Proposal Conference There will be a non-mandatory Pre-Proposal Conference for this proposal on July 20, 2017 at 10:00 AM (ET) in Commonwealth Bldg., 16 th Floor, Room 1613, EKU Richmond Campus. Eastern Kentucky University Page 7 of 25

8 Note: Temporary parking permits are available thru EKU Parking and Transportation, Commonwealth Hall, Second Floor, Suite A, Richmond, KY 40475, Please request parking permits at least 72 hours prior to campus visits. 4.5 Offeror Presentations Shortlisted firms will be required to appear before the University evaluation committee to discuss and explain their proposal and to respond to questions from the Committee. The Committee reserves the right to request additional information. Offerors are prohibited from electronically recording these meetings. 4.6 Preparation of Proposal Offerors are expected to follow all specifications, terms, conditions, and instructions in this RFP. Offerors will furnish all information required by this Solicitation. Offerors will sign and return the Authentication of Proposal and Statement of Non Collusion and Non Conflict of Interest form (page 2 of this RFP) and print or type the primary contact name, firm, address, telephone number and date. The person signing the Offer must initial erasures or other changes. An offer signed by an agent is to be accompanied by evidence of his or her authority unless such evidence has been previously furnished to the Purchasing Official. The signer shall further certify that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal, that it is in all respects fair and in good faith without collusion or fraud, and that the signer is authorized to bind the Offeror. Proposals should be prepared simply and economically, providing a description of the Offeror s capabilities to satisfy the requirements of the Solicitation. Emphasis should be on completeness and clarity of content. Each copy of the Proposal should be bound in a single volume, where practical. All documentation submitted with the proposal should be bound in a single volume except as otherwise specified. Any Proposal containing terms and conditions not in conformity with the statutes of the Commonwealth of Kentucky may be rejected. Note: Eastern Kentucky University, as an agency of the Commonwealth of Kentucky, is prohibited from entering into contracts that require the University to indemnify the other party. The following list specifies the items to be addressed in the Fee Proposal portion of your Phase 1 response to this Request for Proposals. Please read it carefully and address it completely and in the order listed to facilitate the review of your proposal. Proposals shall be organized into the sections identified below. Construction Manager/ General Contractor Pre-Construction Fee (a lump sum fee, equal to 10% of the total CM/GC Services Fee, to provide the services defined in this Request for Proposals that are to occur during the Design and Bidding Phases of this project). Construction Manager/ General Contractor Construction Service Fee (a lump sum fee to provide the services defined in this Request for Proposals that are to occur during construction of this project during the number of months indicated for the Construction Time Period as defined by this RFP). Construction Manager/ General Contractor Staffing plan that indicates the CM/GC s staffing of the Project during the Pre-Construction and Construction phases of this project. Note: There shall not be a percentage markup to be applied to the actual costs the Construction Manager contracts with various Trade Contractors that make up the Guaranteed Maximum Price for the Project. There shall be no percentage Service Fee added or deducted from the Construction Manager s Contract by Trade Package Bid or Construction Change Order during the course of the Work of this Project 4.7 Proposed Deviations from the Request for Proposal The stated requirements appearing elsewhere in this RFP shall become a part of the terms and conditions of any resulting contract. Any and all deviations must be specifically defined in accordance with the Transmittal Letter, Section 5.3. If Eastern Kentucky University Page 8 of 25

9 accepted by the University, deviations shall become part of the contract, but such deviations must not be in conflict with the basic nature of this RFP. 4.8 Proposal Submission and Deadline Offeror must provide one (1) original, six (6) printed copies, and one (1) electronic copy saved on a jump drive of each proposal. The Proposal and copies must be delivered under sealed cover prior to 10:00 AM (ET), August 11, 2017 Deliver to: James Sizemore, Asst. Director Division of Purchases & Stores Eastern Kentucky University Commonwealth Bldg., Rm Lancaster Avenue Richmond, KY Proposals shall be enclosed in sealed envelope(s) and must clearly show the closing date and time specified, the Solicitation number, and the name and address of the Offeror on the face of the envelope(s). Please indicate which envelope contains the original Proposal. Note: Proposals received after the closing date and time will not be considered. Note: In accordance with Kentucky Revised Statute 45A.085 and 200 KAR 5, there will be no public opening of Proposals. All Proposals will be kept confidential until such time that a contract is awarded. After a contract is awarded, all Proposals will become public record, as described herein. 4.9 Addenda Any Addenda or instructions issued by the Purchasing Official prior to the proposal deadline shall become a part of this RFP. Such Addenda shall be acknowledged in the Proposal. No instructions or changes shall be binding unless documented by a proper and duly issued addendum Offeror Response and Proprietary Information The RFP specifies the format, required information, and general content of Proposals submitted in response to this request. The University will not disclose any portion of any Proposal prior to contract award to anyone outside the Division of Purchases & Stores, the University s administrative staff, representatives of the State or Federal Government, if required, and the members of the University evaluation committee. After a contract is awarded in whole or in part, the University shall have the right to duplicate, use, or disclose all Proposal data submitted by Offerors in response to this RFP as a matter of public record. Any submitted Proposal shall remain a valid proposal six (6) months after the due date Restrictions on Communications with University Staff From the issue date of this RFP until a contract award is made, Offerors are strictly forbidden to communicate about the subject of the RFP with any University administrator, faculty, staff, or member of the University s Board of Regents. Offerors may communicate only with the Purchasing Official named herein, or other persons authorized in writing by the Purchasing Official. The University reserves the right to reject the Proposal from any Offeror violating this provision Cost of Preparing Proposal Costs for developing the Proposals and any subsequent activities prior to contract award are solely the responsibility of the Offeror. Eastern Kentucky University will provide no reimbursement for such costs Disposition of Proposals Eastern Kentucky University Page 9 of 25

10 All Proposals become the property of Eastern Kentucky University. The successful Proposal will be incorporated by reference into the resulting contract Section Titles in the Request for Proposal Titles of paragraphs used herein are for the purpose of facilitating ease of reference only and shall not be construed to infer a contractual construction of language Proposal Addenda and Rules for Withdrawal Prior to the date specified for receipt of Proposals, a submitted Proposal may be withdrawn by the Offeror. The Offeror must submit a duly signed, written request for withdrawal to the Purchasing Official. Unless requested by the University, the University will not accept revisions or alterations to Proposals after the proposal due date Acceptance or Rejection of Proposals The University will review all properly submitted Proposals. The University reserves the right, if in its best interests, to reject all Proposals, to reject any proposal that does not meet mandatory requirements, to request amendment to Proposal(s), or to cancel entirely the RFP. Grounds for rejection of proposals include, but are not limited to 1) failure of a Proposal to conform to the essential requirements of the RFP; 2) A Proposal imposing conditions that would significantly modify the terms and conditions of the Solicitation or limit the Offeror s liability to the University under the Resulting Contract on the basis of such Solicitation; 3) failure of the Offeror to appropriately sign the RFP as a part of the Proposal, including the Authentication of Proposal, Statement of Non-collusion and Non-conflict of Interest statements; and 4) A Proposal received after the closing date and time specified in the RFP. The University also reserves the right to waive minor technicalities or irregularities in Proposals providing such action is in the best interest of the University. Such waiver shall in no way modify the RFP requirements or excuse the Offeror from full compliance with the RFP specifications and other Resulting Contract requirements if the Offeror is awarded the Contract Kentucky Educational Purchasing Cooperative N/A 5.0 PROPOSAL FORMAT AND CONTENT 5.1 Proposal Information and Criteria The following list specifies the items to be addressed in the Proposal. Please read the list carefully and address it completely and in the order presented to facilitate the University s review of the proposal. Proposals should be organized into the sections identified. The content of each section is further described below. Signed Authentication of Proposal and Statement of Non-Collusion and Non-Conflict of Interest Form (See page 2) Completed Vendor Taxpayer ID form Completed Reciprocal Preference Affidavit (if applicable) Phase 1 Submittal Written Technical Qualifications: Transmittal Letter The Transmittal Letter accompanying the RFP shall be in the form of a standard business letter and shall be signed by an individual authorized to legally bind the Offeror. It shall be limited to a maximum of four pages and shall include: The Transmittal Letter accompanying the RFP shall be in the form of a standard business letter and shall be signed by an individual authorized to legally bind the Offeror. The transmittal letter shall include: 1) A statement referencing all Addenda to this RFP issued by the University and received by the Offeror. If no Addenda have been received, a statement to that effect should be included. 2) A statement that the Offeror s Proposal shall remain valid six (6) months after the due date. Eastern Kentucky University Page 10 of 25

11 3) A statement that the Offeror will accept financial responsibility for all travel expenses incurred for oral presentations (if required) and candidate interviews. 4) A statement that summarizes any deviations or exceptions to the RFP requirements, including a detailed justification for the deviation or exception Executive Summary and Proposal Overview The Executive Summary and Proposal Overview shall condense and highlight the contents of the Qualifications Proposal in such a way as to provide the Selection Committee with a broad understanding of the entire proposal Offeror Qualifications The purpose of the Offeror Qualifications section is to determine the ability of the Offeror to respond to this Request for Proposals. Offerors must describe and offer evidence of their ability to meet each of the qualifications listed below. a) Please provide the Legal name of your firm, e.g. ABC Group, Inc. b) State of incorporation c) Provide brief narrative of your company s financial viability d) Identify any litigation or claim brought against your company within the last seven (7) years, which might reflect adversely on your company s professional image or ability in relation to providing services sought in this RFP. e) Is your company currently for sale or involved in any transaction to expand or to become acquired by or merged with another organization? If so, please explain. Has your company been involved in any reorganization, acquisition or merger within the last two (2) years? If so, please explain. f) Is Offeror currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, Offeror shall specify the pertinent date(s), details, circumstances, and describe the current prospects for resolution. g) Does Offeror have any relationship with an Eastern Kentucky University member of the Board of Regents, employee, or other representative of the University? If so, please explain in detail any potential or perceived potential conflict of interest for either the Offeror or University. h) Please include any other relevant financial information about your company that will aid the University in evaluating the Company, its financial viability and its ability to appropriately service the University. i) Please provide a brief narrative describing the history of your firm. Identify the number of employees in your firm, and the ownership. j) Please provide an executive summary profile of your firm indicating the total annual volume of work; an overview of the firm s resources; the approximate percentage of educational related work versus other project types; a breakdown of your firm s volume relative to CM/GC, CM at Risk, CM Agency, Lump-sum negotiated, Lump- sum hard bid, design-build, etc.; Provide any other information necessary to describe your core business. k) Provide an organizational chart of your firm indicating the lines of authority for the senior personnel involved in performance of this contract and relationships of this staff to other programs or functions of the firm. This chart should show lines of authority to the next senior level of management beyond the project team level. l) Has your firm had a contract terminated for default in the last seven years? If so, describe such incident. m) Indicate any other experience that demonstrates the qualifications of your firm for the performance of this contract CM Project Team Qualifications The purpose of the Project Team Qualifications section is to determine the ability of the Offeror to respond to this Request for Proposals. Offerors must describe and offer evidence of their project team s ability to meet each of the qualifications listed below. a) Please provide an organization chart, resumes of key team members, and brief description of roles and responsibilities b) Please provide complete information indicating projects of similar scale (or larger) and complexity (or greater) that members of the team have been involved and the level of their involvement. c) The CM/GC must commit that staff identified in your proposal will actually perform the assigned work and be committed for the duration of the design and construction. Describe the level of commitment and the ability your firm has regarding this assurance and the stability of the proposed team. d) Provide the names and qualifications of the personnel the GM/GC will provide for the duration of the project that indicates that the proposal meets or exceeds the Staffing Matrix outlined and required by this RFP. Eastern Kentucky University Page 11 of 25

12 This RFP requires a MINIMUM staffing of the Project by the GM/GC. The Staffing Matrix indicated below defines the MINIMUM staffing required by the Project. However, the GM/GC may determine that additional staffing is necessary to fulfill its services in their entirety. The Offeror shall indicate in the Staffing Matrix submitted with its response to this RFP which meets or exceeds the minimum staffing required of the CM/GC. Position No. % of Time devoted to project Project Executive 1 20% Project Manager 1 90% General Superintendent 1 100% General Office Support 1 25% Safety Manager 1 15% LEED Documentation 1 10% Services Defined a) The CM/GC should provide documentation of their understanding of the services requested in the RFP and contract documents. b) Your proposal must provide for the completion of all work necessary to accomplish the scope of work defined in this RFP. Include a complete description of the proposed approach and methodology to accomplish the work described. The plan must be in sufficient detail to convey to the evaluation team the CM/GC s knowledge of projects of similar scale and complexity and the CM/GC s knowledge of the requirements, demands, and constraints of this project. c) Explain how your firm/team approaches scheduling and schedule maintenance to ensure a successful on-time completion. d) Describe your firm s ability to perform the specific project requirements in order to achieve the project s LEED certification levels as well as your firm s experience with BIM. Provide a list of projects where your firm used BIM and how BIM was used on those projects Other Additional Information Please provide any additional information that the CM/GC feels should be considered when evaluating your proposal. 5.2 Phase 2 Submittal - Oral Presentations SHORTLISTED FIRMS Technical Qualifications to be presented in the Oral Presentations - Phase 2: The following list specifies the Technical Qualifications items to be addressed in the Oral Presentations portion of your Phase 2 response to this Request for Proposals. Please read it carefully and address it completely and in the order listed to facilitate the University s review of your proposal. Proposals shall be organized into the sections identified below. The content of each section is detailed in the following pages. Note: A bound copy of all written and graphic information presented during the Oral Presentation (including PowerPoint slides, handouts, graphic and written charts and other media) shall be provided to the University. Offeror shall also provide an electronic copy of the information indicated above in PDF format or thumb drive media Minimum Information Required in Oral Presentations Phase 2 As a minimum the information required during the Oral Presentation includes, but is not necessarily limited to, the following: Eastern Kentucky University Page 12 of 25

13 Transmittal Letter Executive Summary and Proposal Overview Construction Manager s Personnel Chart* Proposed plan to complete work according to the current schedule Project Specific Methodology / CM Construction Management Plan Method for selection of Trade Contractors and award of trade package contracts under separate agreements with the CM/GC* CM/GC s methods of controlling costs and schedule during construction. *The items indicated above with (*) shall be made part of the Agreement between the Owner and the Construction Manager/ General Contractor once the successful Offeror is selected Transmittal Letter The Transmittal Letter accompanying the RFP shall be in the form of a standard business letter and shall be signed by an individual authorized to legally bind the Offeror. It shall be limited to a maximum of four pages and shall include: The Transmittal Letter accompanying the RFP shall be in the form of a standard business letter and shall be signed by an individual authorized to legally bind the Offeror. The transmittal letter shall include: 1) A statement referencing all Addenda to this RFP issued by the University and received by the Offeror. If no Addenda have been received, a statement to that effect should be included. 2) A statement that the Offeror s Proposal shall remain valid six (6) months after the due date. 3) A statement that the Offeror will accept financial responsibility for all travel expenses incurred for oral presentations (if required) and candidate interviews. 4) A statement that summarizes any deviations or exceptions to the RFP requirements, including a detailed justification for the deviation or exception. Note: Do not submit your standard Terms and Conditions as exceptions to the RFP Terms and Conditions Executive Summary and Proposal Overview The Executive Summary and Proposal Overview shall condense and highlight the contents of the Technical Qualifications Oral Presentation proposal in such a way as to provide the Selection Committee with a broad understanding of the entire proposal CM/GC s Personnel Chart The purpose of the Construction Manager/ General Contractor s Personnel Chart is to determine the Qualifications and Experience of the specific personnel that the Construction Manager/ General Contractor intends to employ on this project. The personnel listed should be identified as participants in the Design Process or the Construction Process or both. Offerors must describe and offer evidence of their ability to provide the personnel necessary to meet the CM/GC requirements of this project, including the minimum Staffing Matrix outlined in this RFP. The Personnel Chart provided during Phase 2 of this Request for Proposals will be made part of the Agreement between Owner and Construction Manager and the personnel are not to be changed without written approval of the Owner. a) Please provide an organization chart, resumes of key team members, and brief description of roles and responsibilities Project Construction Schedule The purpose of the Project Construction Schedule is to determine the ability of the Offeror to meet the project schedule as defined in the documents made part of this Request for Proposals. This schedule should use the dates indicated tentatively for the start of Construction. This schedule shall be in Critical Path Method format and shall indicate that the Work of this Project can be accomplished on or before the Date indicated in the documents made part of this Request for Proposals as the tentative Date for Substantial Completion. This schedule will be made part of the Agreement between the Owner and Construction Manager and shall not be changed except by either Pre-Construction Change Order or Construction Change Order Project Specific Methodology / CM/GC s Construction Management Plan Eastern Kentucky University Page 13 of 25

14 a) The CM/GC should provide documentation of their understanding of the Project requirements and the Construction Management/ General Contractor Services necessary to accomplish the project. b) Include a complete description of the planned approach and methodology to accomplish the work of the Project as described. The plan must be in sufficient detail to convey to the evaluation team the CM/GC s knowledge of the requirements, demands, and constraints of this specific project. c) Explain how your firm/team approaches scheduling and schedule maintenance to ensure a successful on-time completion by each Trade Contractor and the overall project. Explain your firm/team plan for schedule recovery should the project for unforeseen and uncontrollable reasons falls behind schedule. d) Describe your firm s plan for use of BIM to provide clash-detection between the work of various Trade Contractors and any project management software your firm proposes to use Trade Contractors Selection/Award Methodology The purpose of the Trade Contractors Selection/Award Methodology is to determine the CM/GC s procedures and processes to insure the quality of Trade Contractors the Offeror intends to contract with on this project, while being compliant with the various requirements of KRS 45A to the extent required by this Statute for Alternative Delivery Methods. This Methodology plan should indicate how the Construction Manager will select prime Trade Contractors and any significant subtrade Contractors that the Offeror expects will be required to accomplish the work of this project. This plan should prove to the evaluation committee that the Offeror has the intent to contract with Trade Contractor Companies of the size and quality necessary for this project. This plan should indicate and demonstrate that the CM/GC has a good working knowledge of the Statutory Requirements of Public Bidding. The methodology shall include a provision that the Owner reserves the right to reject and Trade Contractor or other subcontractor. Subcontractor. This methodology will be made part of the Agreement between the Owner and Construction Manager and shall not be changed except by due reason and written acceptance by the Owner Other Additional Information Please provide any additional information that the CM/GC feels should be considered when evaluating your proposal during Phase 2 of the RFP Process Oral Presentation/ Interview In addition to the information presented as Technical Qualifications during the Oral Presentation of Phase 2 of this Proposal, that are indicated above, the Selection Committee will reserve time allotted for Oral Presentation/ Interviews of the three Shortlisted Construction Management/ General Contractor Firms for the purpose of obtaining clarification of the information presented, supplemental information from the Construction Management/ General Contractor firms related to the project, and understanding the overall quality and professionalism of the Construction Management/ General Contractor firm s Project Team. The Oral Presentation/ Interview session for each Shortlisted Construction Management/ General Contractor Firm shall be limited to a total of sixty (60) minutes, with forty-five minutes (45) minutes provided for the Oral Presentation from the Firm and fifteen (15) minutes for questions from the Selection Committee and answers from the Firm. 6.0 EVALUATION CRITERIA PROCESS 6.1 Makeup of Selection Committee A Selection Committee will evaluate the proposals and make a recommendation for award of a Contract for Construction Management Services. The Selection Committee may be provided with technical assistance by other University staff. Members of the A/E s Design Team selected to perform design services may be requested to provide technical assistance at the option of the Selection Committee. Persons providing technical assistance to the Selection Committee do not participate by providing individual scoring of the firms. 6.2 Multi-part Process The University will use a multi-part evaluation process Phase 1 of Evaluation Eastern Kentucky University Page 14 of 25

15 The Phase 1 evaluation will be based upon the information provided in the Qualifications proposal, the Fee Proposal, additional information requested by the Owner for Clarification, information obtained from references and independent sources, if requested The Selection Committee evaluation of Technical Qualifications Proposals during Phase 1 will include consideration of responses to the list of Phase 1 criteria. Offerors must specifically address all criteria in their response. The evaluation of responsive proposals shall then be completed by the Selection Committee and will be evaluated strictly in accordance with the requirements set forth in this RFP, including any addenda that are issued. The Selection Committee will score each respondent based on this criteria with a maximum score to be awarded by the Committee not exceeding 200 points per Offeror The Purchasing Official evaluation of the Fee Proposals during Phase 1 will include a scoring of the Pre- Construction Services Fee Proposal and the Construction Services Fee Proposal. The Purchasing Official will score each Offeror s Fee Proposal using the following formula: TOTAL SERVICES FEE = Pre-Construction Services Fee + Construction Services Fee. NOTE: The Pre- Construction Services Fee shall be equal to 10% of the TOTAL SERVICES FEE. (Lowest TOTAL SERVICES FEE / TOTAL SERVICES FEE by this Offeror) X 200 = FEE SCORE By the use of this calculation, the CM/GC firm with the highest FEE SCORE will receive a FEE SCORE of 200 points. All other firms will receive a FEE SCORE proportionally lower The cumulative total of the Selection Committee Score for Qualifications Proposal plus the Purchasing Official FEE SCORE shall be the total score for each Construction Manager/ General Contractor proposal. The Construction Manager/ General Contractor proposals receiving one of the three highest total rankings for Phase 1 will be Shortlisted and will advance to Phase 2 of the RFP Process. In the event of a tie between two or more proposals for third place ranking in Phase 1, all CM/GC proposals receiving the third highest ranking will advance to Phase 2 of the RFP Process Phase 2 of the Evaluation The Phase 2 evaluation will be based upon the information provided in the Technical Qualifications Oral Presentation, additional information requested by the Owner for Clarification, and documented information obtained from references and independent sources. The Selection Committee evaluation of Technical Qualifications Oral Presentation Phase 2 will include consideration of responses to the list of required criteria Offerors must specifically address all criteria in their response. The evaluation of responsive presentations shall then be completed by the Selection Committee and will be evaluated strictly in accordance with the requirements set forth in this RFP, including any addenda that are issued. The Selection Committee will score each respondent based on this criteria with a maximum score to be awarded by the Committee not exceeding 200 points per Offeror. The Purchasing Official evaluation of the Pre-Construction Services Fee (Submitted in Phase 1) and the Construction Services Fee (Submitted in Phase 1) resulted in a FEE SCORE during Phase 1 and is carried forward to Phase 2 unchanged. The Phase 2 Selection Committee Score of the Technical Qualifications Oral Presentation is added to the FEE SCORE carried forward from Phase 1 and the resultant sum of the two scores makes up the TOTAL SCORE for each CM/GC for Phase 2. The Construction Manager/ General Contractor entity receiving the highest total score for Phase 2 will be offered a Contract for the Work of this Project in the Contract Amount of the Pre-Construction Services Fee (Lump Sum) and the Construction Services Fee (Lump Sum for the duration of the Construction Time indicated in the RFP). Should the CM/GC Proposal from the successful Offeror exceed the available funding for the Project with consideration given to the A/E estimate for Construction, other soft costs related and necessary for the Project, Design Contingency set-aside and a Construction Contingency set-aside, the University reserves the right to negotiate the Contracted Fees with the successful Offeror. Should the University be unable to reconcile the costs of the Project with the available funding for the Project, with consideration given to the A/E estimate for Construction, other soft costs related and necessary for the Project, Design Contingency set-aside and a Construction Contingency set-aside, the University reserves the right to either enter into Best and Final Negotiations with all three Shortlisted Firms as follows or to reject all proposals related to this RFP. 6.3 Evaluation Process Scoring Eastern Kentucky University Page 15 of 25

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