REQUEST FOR PROPOSAL Project with Construction Manager Services At Risk with Guaranteed Maximum Price
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1 REQUEST FOR PROPOSAL Project with Construction Manager Services At Risk with Guaranteed Maximum Price Dining Center Replacement Building Project MA-1014 Revised October, 2010
2 REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGER SERVICES AT RISK WITH GUARANTEED MAXIMUM PRICE California Maritime Academy Dining Center Replacement Building Project Number MA-1014 Table of Contents Article Title Tab A Notice to Proposers... B B Request for Proposals for Construction Manager Services at Risk with Guaranteed Maximum Price... Section/Title 1 General Requirements 1.1 Introduction 1.2 RFP Contents 1.3 Clarifications Regarding this RFP 1.4 Project Schedule 1.5 Proposals 1.6 Proposer s Cost 1.7 Two-Phase Contracting Process 2 Scope of Work 2.1 Preconstruction Phase Services 2.2 Bid Phase Services 2.3 Construction Phase Services 3 Duties of Others 3.1 Testing and Inspection 3.2 Project Design 4 Fee Proposal 4.1 CM s Contingency 4.2 Fee Proposal 5 Selection Process 5.1 General 5.2 Evaluation Criteria and Process 5.3 Technical Proposal 5.4 Scoring 5.5 Fee Proposal 5.6 Selection 5.7 Irregularities 5.8 Non-Binding 5.9 Agreement 5.10 Insurance 5.11 Rejection of Proposal 5.12 Failure to Execute the Agreement 5.13 Disposition of the Proposals 5.14 Cancellation Table A - GMAX Classification Detail Revised January, 2009 Page 1 of 4 pages
3 REQUEST FOR PROPOSALS FOR Construction Manager Services At Risk With Guaranteed Maximum Price (for Major Capital Outlay Projects only) Appendix Title Tab A Service Agreement for Preconstruction Services... B Agreement for Construction Phase... B-1 Contract General Conditions and Sample Forms... Article/Title 1.00 DEFINITIONS 2.00 NEGOTIATION OF GUARANTEED MAXIMUM PRICE 2.01 Duty to Carefully Examine These Instructions 2.02 Competence of CM and Trade Contractors 2.03 Availability of Plans and Specifications 2.04 Necessity for Careful Examination of Site, Plans and Specifications 2.05 Clarification Prior to Guaranteeing the Maximum Price 2.06 Small Business Five Percent Proposal Advantage 2.07 California Company; Reciprocal Preference Against Nonresident Contractors; Certification 2.08 Listing of Trade Contractors 2.09 Disabled Veteran Business Enterprise Participation Requirement and Incentive 3.00 AWARD AND EXECUTION OF CONSTRUCTION CONTRACT 3.01 Award of Construction Contract 3.02 Contract Bonds 3.03 Execution of Contract 3.04 Failure or Refusal to Execute Contract 4.00 CONDUCT OF THE WORK 4.01 Laws to be Observed--Generally 4.02 Laws to be Observed--Regarding Labor 4.03 Environmental Requirements 4.04 Substitution of Trade Contractors 4.05 Delegation of Performance and Assignment of Money Earned 4.06 Assignment of Trade Contracts to Trustees 4.07 CM s Insurance 4.08 Indemnification 4.09 CM s Responsibility for the Work 4.10 Occupancy by Trustees Prior to Acceptance 4.11 Payments by CM 4.12 Responsibility to Secure and Pay for Permits, Licenses, Utility Connections, Etc Patented or Copyrighted Materials 4.14 Property Rights in Materials and Equipment 4.15 Taxes 4.16 Contract Time 4.17 Schedule 4.18 Labor Force and Superintendent 4.19 Limitation of Construction Operations 4.20 Coordination with Other Work 4.21 Drawings Reflecting Actual Construction 4.22 Access for Inspection 4.23 Cleanup of Project and Site 4.24 Project Sign, Advertising Appendix Title Tab Table of Contents Revised January, Page 2 of 4 pages
4 REQUEST FOR PROPOSALS Construction Manager Services At Risk With Guaranteed Maximum Price (for Major Capital Outlay Projects only) B-1 (cont d) Article/Title 5.00 INTERPRETATION OF AND ADHERENCE TO CONTRACT REQUIREMENTS 5.01 Interpretation of Contract Requirements 5.02 Issuance of Interpretations, Clarifications, Additional Instructions 5.03 Product and Reference Standards 5.04 Shop Drawings, Samples, Alternatives or Equals, Substitutions 5.05 Quality of Materials, Articles and Equipment 5.06 Testing Materials, Articles, Equipment and Work 5.07 Rejection 5.08 Off-Site Testing 5.09 Responsibility of Quality 6.00 CHANGES IN THE WORK 6.01 Change Orders 6.02 Emergency Changes 7.00 CLAIMS AND DAMAGES 7.01 Claims 7.02 Delay in Completion--Liquidated Damages 7.03 Termination for Cause 7.04 Termination for Convenience 7.05 Assignment of Trade Contracts 7.06 Third-Party Claims 8.00 PAYMENT AND COMPLETION 8.01 Acceptance 8.02 Partial Payments 8.03 Direct Cost of the Work 8.04 Construction Phase Services 8.05 Costs Not Reimbursed 8.06 Discounts, Rebates and Refunds 8.07 Escrow in Lieu of Retention 8.08 Stop Notices 8.09 Guaranteed Maximum Price and Cost Savings Split 8.10 Final Payment 8.11 Guarantee 8.12 CM Evaluation B-1 Sample Forms... Forms to be Submitted with Fee Proposal Package in Response to the RFP (Bid) Fee Proposal (See Appendix H) Certification (for Bid) Noncollusion Affidavit Small Business Preference and Certification Request Certification of Appropriate License and California Co. Bid Proposal Form Signature Page Forms Used by University to Identify Winning Proposer Technical Proposal Evaluation Score Sheet Technical Proposal Summary Statement Abstract of Fee Proposals and Cost Per Unit Quality Forms to be Used by University in Awarding Preconstruction Svcs Agreement CM at Risk Preconstruction Services Agreement (See Appendix A) CSU Chancellor s Office Vendor Tax Information Appendix Title Tab Article C, Uniform Table of Contents Revised January, Page 3 of 4 pages
5 REQUEST FOR PROPOSALS FOR Construction Manager Services At Risk With Guaranteed Maximum Price (for Major Capital Outlay Projects only) B-1 (cont d) Forms to be Used by CM During Trade Bid Process Trade Contractor Prequalification Document (See Appendix B-4) List of Proposed Trade Contractors Detailed Listing of Trade Contractors DVBE Forms: Transmittal Form, Summary of Disabled Veteran Owned Business Participation, Bidder s Certification, DVBE Declaration CM Letter to CSU Warranting Construction Documents Forms to be Used by University in Construction Phase Agmt (GMAX) Agreement (See Appendix B) Payment Bond (See Appendix B) Performance Bond (See Appendix B) Certification [for Agreement] (See Appendix B) Notice to Proceed Forms for Use During Construction Site Survey and Acceptance Contractor s Construction Waste and Recycling Plan Contractor s Building Demolition Waste and Recycling Plan Trade Contractor Status Report Fair Employment Practices Compliance Report (one page, two sided) Construction Manager s Payment Request Schedule of Values for Construction Manager at Risk Uniformat Building Systems Breakdown by Discipline Request for Payment for Materials on Hand Contractor s Reuse, Recycling, and Disposal Report Bldg Demo: Contractor s Reuse, Recycling, and Disposal Report Request for Special Inspection Inspection Request Form Guarantee Quality and Performance Notice of Completion Punch List Contractor Performance Evaluation Field Instruction Cost Request Bulletin Hourly Labor Rate Worksheet Change Order Request Summary (CM) Change Order Request Summary (Trade Contractor) Change Order B-2 Supplementary General Conditions... B-3 Division One... B-4 Trade Contractor Prequalification Document... C Prevailing Wage Rates... D CSU Project Architect/Engineer Agreement Documents for CM at Risk Projects... E Feasibility Study; Addendum Revised Alternative Three... F Sample Fee Proposal Form... G Sample CM Letter to Trustees Warranting Documents... H Technical Proposal Evaluation Sheet... -End of Table of Contents- Table of Contents Revised January, Page 4 of 4 pages
6 Article A NOTICE TO PROPOSERS October, 2010
7 ARTICLE A Notice to Proposers Request for Proposals for Construction Manager Services at Risk with Guaranteed Maximum Price Dining Center Replacement Building, Project No. MA-1014 California Maritime Academy 200 Maritime Academy Drive Vallejo, CA The Trustees of the California State University will receive sealed proposals in the President s Conference Room, Building 1 / Administration Building, at the above address, for furnishing Construction Manager Services at Risk with a Guaranteed Maximum Price (CM at Risk) for the construction of Dining Center Replacement Building, Project Number MA-1014, for the California Maritime Academy campus. Proposals will be received in the above-mentioned room until close of business at 2:00 P.M. on November 9, 2010, in accordance with the Request for Proposals, hereinafter referred to as RFP. In general, the scope of work consists of providing preconstruction services and construction management/ administration services at risk with a guaranteed maximum price (GMAX) for the construction of the project, in accordance with section of the RFP. The project includes (provide description of project). Each proposer will submit a technical proposal and a fee percentage proposal for design services, preconstruction services, and construction phase services, contingency and fee for the total project. During the preconstruction phase of the project, the preconstruction GMAX equals the Construction Budget, as identified in section of the RFP, plus the CM at Risk s fee (excluding the CM at Risk s Preconstruction Services fee), as identified on the fee proposal form. The preconstruction GMAX for this project is $ 13,757,000. A presentation of the project scope and a walkthrough of the project site have been scheduled for Tuesday, October 19, 2010 at 9:00 A.M. Interested proposers should assemble in front of Rizza Auditorium on the campus. It is strongly recommended that proposers attend this walkthrough. Note: no bidder s bond shall be required for the preconstruction phase agreement for this project. However, 100% performance and payment bonds shall be required as part of the construction phase agreement. The required amount of performance and payment bonds for the construction phase shall be the Guaranteed Maximum Price plus the CM at Risk s proposed fees, excluding the preconstruction services fee. The Trustees require the successful proposer to achieve three percent (3%) Disabled Veteran Business Enterprise (DVBE) participation (by law a good faith effort is not acceptable) in contracting construction projects as established in the proposal documents. Once the selected proposer begins competitive bidding selection of the trade contractors, the selected proposer shall contact the Trustees DVBE Advocate, Mr. Darryl Dearborn at This project is a public works project and is subject to prevailing wage rate laws (see Contract General Conditions, Article 4.02-c). Each proposer will receive a Request for Proposals package in sufficient time to fulfill the requirements therein. Only prequalified contractors who were shortlisted by the Trustees for this project and who are licensed in the State of California with a B license will receive a Request for Proposal package. Request for Proposals Construction Mgmt. Page 1 of 1 page CM 5/10
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