summarize in 2 paragraph

profilemwade3
rfp_statecapitolmotlowtunnelrepairs1.23.2015.pdf

2-20-14 RFP

REQUEST FOR PROPOSALS

Construction Manager / General Contractor

For the Project Titled: State Capitol Motlow Tunnel Repairs

SBC NUMBER: 529/005-02-2014

STATE OF TENNESSEE Department of General Services

Release Date: January 23, 2015

2-20-14 RFP

REQUEST FOR PROPOSALS

for Construction Manager / General Contractor

For the Project Titled: State Capitol Motlow Tunnel Repairs

SBC NUMBER: 529/005-02-2014

RFP CONTENTS

SECTIONS:

1. Introduction

2. RFP Schedule of Events

3. Proposal Requirements

4. General RFP Information & Requirements

5. Proposal Evaluation & Contract Award

ATTACHMENTS:

6.1. Proposal Statement of Certifications & Assurances

6.2. Technical Proposal:

Section A - General Business Requirements Section B - General Qualifications & Experience Section C - Technical Qualifications, Experience & Approach

6.3. Cost Proposal:

Section A – Pre-Construction Phase Services Fee Guide Section B – CM/GC Construction Services Percent Fee Section C – CM/GC Construction Services General Conditions Monthly Rate Section D – CM/GC Construction Services General Conditions Lump Sum Costs Section E – Summary & Scoring Guide

6.4. Proposal Package Documents: a. Proposal Package Cover Sheet b. Related Project History Form

6.5. Proposal Score Summary Matrix

6.6. Pro Forma Master Contract and Contract Attachments

a. Attachment A: Attestation re Personnel Used in Contract Performance b. Attachment B: Pre-Construction Services Payment Schedule c. Attachment C: CM/GC Services Agreement with Guaranteed Maximum Price

(00 52 23) • Contract Bond (00 61 13) • AIA Document A201 – 1997 Edition (00 72 23) • Supplementary Conditions (00 73 15)

d. Attachment D: CM/GC Scope of Services and Deliverables

Faris
Faris

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 1 of 36

1. INTRODUCTION

The State of Tennessee, Department of General Services, State of Tennessee Real Estate Asset Management (“STREAM”), hereinafter referred to as the “State,” or the “Owner,” has issued this Request for Proposals (“RFP”) to define minimum contract requirements; solicit responses; detail response requirements; and, outline the State’s process for evaluating responses and selecting a Construction Manager/General Contractor (“CM/GC”) to provide the needed goods or services.

Through this RFP, the State seeks to procure necessary goods or services at the most favorable, competitive prices and to give ALL qualified businesses, including those that are owned by minorities, women, Tennessee service-disabled veterans, and small business enterprises, an opportunity to do business with the State as contractors, subcontractors or suppliers.

1.1. Statement of Procurement Purpose and Current Project Status

The State is seeking to hire a CM/GC who can effectively partner with the State to perform repairs to the Motlow Tunnel on the State Capitol grounds and provide a permanent solution to ongoing water infiltration problems. The tunnel serves as access between the State Capitol and Legislative plaza for the public and state legislators and must be available for use when the legislature is in session. The following are characteristics that Respondents should be able to demonstrate: 1. Significant experience providing successful pre-construction services, with a particular emphasis on

value analysis and accurate cost estimating. 2. Significant experience in performing demolition, excavation, and construction in sensitive and

congested locations. 3. Significant experience, understanding, appreciation of, and the ability to exercise sound judgment in

preservation of historically significant structures. 4. Prior experience maintaining historical integrity while utilizing modern construction methods to restore

sensitive historical structures. 5. Prior experience working in a government building with similar levels of security.

The Designers for the Project were given the Notice-To-Proceed to begin Design Development (“DD”) Phase effective January 9, 2015. Once complete, the DD drawings will be posted to the website below. DD drawings are preliminary drawings and it is expected changes will be made during the Construction Document (“CD”) phase with the input of the CM/GC. http://tn.gov/generalserv/psm/rpa/RFPwithProject.shtml Early-release documents are required in order to get the CM mobilized in time to commence exterior site work prior to the end of the current state legislative session, so that interior demolition can begin as soon as the legislative session concludes. An early-release CD package to begin demolition is expected to be issued by February 2, 2015. The DD Phase has an estimated overall duration of 90 days, with an overall CD design phase duration of 30 days. The proposer must have a working understanding of all applicable codes required by the State of Tennessee as listed in the Owner’s Designers’ Manual (The Designers’ Manual is accessible online, located at http://tn.gov/generalserv/psm/rpa/DesignerManual14.shtml).

1.2. Project Location

The Project(s) shall be located in Nashville, Davidson County, Tennessee

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 2 of 36

1.3. Project Description, Expectations, and Objectives

The CM/GC’s team will be expected to have significant experience providing successful pre-construction phase services with particular emphasis on value analysis and accurate cost estimating in order to adequately assist the Owner and Designer in identifying and properly evaluating the Project design, details, systems and equipment to ensure the project is maintained within the GMP Target.

Additionally, the CM/GC team shall be expected to have significant experience providing construction services involving waterproofing underground structures and restoration of historic stone structures including site work.

The project will require removal and temporary relocation of the Carmack statue located on the south side of the state Capitol while repairs are being performed to the concrete tunnel below. Stairs and stonework at the plaza at the south elevation of Capitol Hill above the tunnel will be removed, salvaged, and reinstalled after the work is completed. Excavation will be performed to expose the tunnel, which will be partially removed and replaced to include added drainage piping and exterior waterproofing.

Replacement will require excavation of bedrock to 4’ beyond each side of the tunnel in order to properly waterproof the exterior. Stone walls and floors inside the entire length of the tunnel will be removed, salvaged, and stored onsite for reinstallation after waterproofing and additional drains are installed. The portion of the tunnel not being removed (underneath the Capitol) will be cleaned and sealed with waterproofing material, and new drain lines will be installed below the floor prior to reinstallation of finishes.

Installation of adequate drainage will require removal of the existing elevators and escalators and construction of a new machine room. New elevators will be installed as part of the project, and the existing escalators will be removed as required and stored for reinstallation when the work is complete. New HVAC, lighting, and ceilings will be installed, existing bronze doors will be reinstalled, and a new tunnel entrance at Charlotte Avenue will be constructed.

The work requires close coordination with Capitol Hill security staff, and the tunnel must be usable for the public when the state legislature is in session. Therefore, design is being expedited to provide an early- release construction package so that removal of exterior stonework and the Carmack statue and plaza can begin prior to ending the current legislative session, in order to allow removal of interior tunnel finishes to begin as soon as the legislative session ends. Tunnel waterproofing must be complete and tested prior to installation of interior finishes. Work inside the tunnel and new interior finishes must be complete prior to the start of the next legislative session in January, 2016. Exterior work can be completed after the tunnel reopens.

To be considered for selection, the Contractor shall describe specific qualifications as stated in RFP Attachment 6.2., Sections B and C.

MILESTONE SCHEDULE

Project sequencing:

Phase 1 – Tunnel exterior demolition and construction/restoration including sitework

Phase 2 - Tunnel interior demolition and construction/restoration

Design Notice to Proceed issued January 9, 2015

Early-release Design Development documents complete January 23, 2015

Early-release Construction Development documents complete February 2, 2015

Balance of Design Development documents complete April 8, 2015

Balance of Construction Development documents complete May 8, 2015

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 3 of 36

Phase 1 - Construction Notice to Proceed May 1, 2015

Phase 2 – Construction Notice to Proceed - Start interior tunnel demolition June 1, 2015

Phase 2 - Interior tunnel work Substantial Completion November 30, 2015

2016 State of TN General Assembly’s 2016 legislative session begins January 12, 2016

Phase 1 – Tunnel exterior construction Substantial Completion March 1, 2016

Final completion of Phase 2 construction (interior tunnel work) is required prior to the start of the State General Assembly’s 2016 legislative session. If Phase 2 of the Project is not substantially completed within the time period set forth in the construction contract, the liquidated damages amount will be $2,500.00 per day until actual substantial completion. Substantial completion of Phase 1 construction (exterior tunnel and site work) is anticipated to be within 306 days after the Notice to Proceed. If Phase 1 of the Project is not substantially completed within the time period set forth in the construction contract, the liquidated damages amount will be $2,500.00 per day until actual substantial completion.

1.4. Project Construction Budget

Below is the estimated GMP Target for all work associated with the Scope of Services outlined in RFP Section 1:

GMP Target ........... $5,907,000.00

“GMP” is the Guaranteed Maximum Price for construction. It is important to the Owner that the costs of construction for the Project do not exceed the GMP.

1.5. Scope of Service, Contract Period, & Required Terms and Conditions

The RFP Attachment 6.6., Pro Forma Contract details the State’s requirements:

Attachment A: Attestation re Personnel Used in Contract Performance

Attachment B: Pre-Construction Services Payment Schedule

Attachment C: CM/GC Services Agreement with Guaranteed Maximum Price (00 52 23)

• Contract Bond (00 61 13) • AIA Document A201 – 1997 Edition (00 72 23) • Supplementary Conditions (00 73 15)

Attachment D: CM/GC Scope of Services and Deliverables

The pro forma contract substantially represents the contract document that the successful Respondent must sign.

1.6. Nondiscrimination

No person shall be excluded from participation in, be denied benefits of, or be otherwise subjected to discrimination in the performance of a Contract pursuant to this RFP or in the employment practices of the Contractor on the grounds of handicap or disability, age, race, creed, color, religion, sex, national origin, or any other classification protected by federal, Tennessee state constitutional, or statutory law. The Contractor pursuant to this RFP shall, upon request, show proof of such nondiscrimination and shall post in conspicuous places, available to all employees and applicants, notices of nondiscrimination.

1.7. RFP Communications

Faris
Faris
Faris

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 4 of 36

1.7.1. The State has assigned the following RFP identification number that must be referenced in all communications regarding this RFP: SBC PROJECT 529/005-02-2014

1.7.2. Unauthorized contact about this RFP with employees or officials of the State of Tennessee

except as detailed below may result in disqualification from consideration under this procurement process.

1.7.2.1. Prospective Respondents must direct communications concerning this RFP to the

following person designated as the Solicitation Coordinator:

Tammy Robbins, Solicitation Coordinator Department of General Services Central Procurement Office, 3rd Floor William R. Snodgrass Tennessee Tower 312 Rosa L. Parks Avenue Nashville, TN 37243 Phone: (615) 253-7819

Email: [email protected] 1.7.2.2. Notwithstanding the foregoing, Prospective Respondents may alternatively contact:

a. staff of the Governor’s Office of Diversity Business Enterprise for assistance available to minority-owned, woman-owned, Tennessee service-disabled veteran owned, and small businesses as well as general, public information relating to this RFP (visit www.tn.gov/businessopp/ for contact information); and

b. the following individual designated by the State to coordinate compliance with the

nondiscrimination requirements of the State of Tennessee, Title VI of the Civil Rights Act of 1964, the Americans with Disabilities Act of 1990, and associated federal regulations: Pamela Fitzpatrick Department of General Services William R. Snodgrass Tennessee Tower, 22nd Floor 312 Rosa L. Parks Avenue Nashville, TN 37243 (615) 253-2561 Email: [email protected]

1.7.3. Only the State’s official, written responses and communications with Respondents are binding

with regard to this RFP. Oral communications between a State official and one or more Respondents are unofficial and non-binding.

1.7.4. Potential Respondents must ensure that the State receives all written questions and comments,

including questions and requests for clarification, no later than the Written Questions & Comments Deadline detailed in the RFP Section 2, Schedule of Events.

1.7.5. Respondents must assume the risk of the method of dispatching any communication or response

to the State. The State assumes no responsibility for delays or delivery failures resulting from the Respondent’s method of dispatch. Actual or digital “postmarking” of a communication or response to the State by a specified deadline is not a substitute for the State’s actual receipt of a communication or response.

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 5 of 36

1.7.6. The State will convey all official responses and communications related to this RFP to the prospective Respondents from whom the State has received a Notice of Intent to Respond (refer to RFP Section 1.11).

1.7.7. The State reserves the right to determine, at its sole discretion, the method of conveying official,

written responses and communications related to this RFP. Such written communications may be transmitted by mail, hand-delivery, facsimile, electronic mail, Internet posting, or any other means deemed reasonable by the State. For internet posting, please refer to the following website: http://tn.gov/generalserv/psm/rpa/RFPwithProject.shtml.

1.7.8. The State reserves the right to determine, at its sole discretion, the appropriateness and

adequacy of responses to written comments, questions, and requests related to this RFP. The State’s official, written responses will constitute an amendment of this RFP.

1.7.9. Any data or factual information provided by the State (in this RFP, an RFP amendment or any

other communication relating to this RFP) is for informational purposes only. The State will make reasonable efforts to ensure the accuracy of such data or information; however it is the Respondent’s obligation to independently verify any data or information provided by the State. The State expressly disclaims the accuracy or adequacy of any information or data that it provides to prospective Respondents.

1.8. Assistance to Respondents With a Handicap or Disability

Prospective Respondents with a handicap or disability may receive accommodation relating to the communication of this RFP and participating in the RFP process. Prospective Respondents may contact the Solicitation Coordinator to request such reasonable accommodation no later than the Disability Accommodation Request Deadline detailed in the RFP Section 2, Schedule of Events.

1.9. Respondent Required Review & Waiver of Objections

1.9.1. Each prospective Respondent must carefully review this RFP, including but not limited to, attachments, the RFP Attachment 6.6., Pro Forma Contract, and any amendments, for questions, comments, defects, objections, or any other matter requiring clarification or correction (collectively called “questions and comments”).

1.9.2. Any prospective Respondent having questions and comments concerning this RFP must provide

them in writing to the State no later than the Written Questions & Comments Deadline detailed in the RFP Section 2, Schedule of Events.

1.9.3. Protests based on any objection to the RFP shall be considered waived and invalid if the

objection has not been brought to the attention of the State, in writing, by the Written Questions & Comments Deadline.

1.10. Pre-Response Conference A Pre-response Conference will be held at the time and date detailed in the RFP Section 2, Schedule of Events. Pre-response Conference attendance is not mandatory, and prospective Respondents may be limited to a maximum number of attendees depending upon overall attendance and space limitations. The conference will be held at: William R. Snodgrass Tennessee Tower 3rd Floor, Conference Room G 312 Rosa L. Parks Avenue Nashville, TN 37243 The purpose of the conference is to discuss the RFP scope of services. The State will entertain questions, however prospective Respondents must understand that the State’s oral response to any

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 6 of 36

question at the Pre-response Conference shall be unofficial and non-binding. Prospective Respondents must submit all questions, comments, or other concerns regarding the RFP in writing prior to the Written Questions & Comments Deadline date detailed in the RFP Section 2, Schedule of Events. The State will send the official response to these questions and comments to prospective Respondents from whom the State has received a Notice of Intent to respond as indicated in RFP Section 1.11 and on the date detailed in the RFP Section 2, Schedule of Events.

Attendees should allow sufficient time to locate vehicle parking, and to obtain a visitor’s badge at the security station. Each visitor must present proper photo identification, such as a valid driver’s license.

1.11. Notice of Intent to Respond Before the Notice of Intent to Respond Deadline detailed in the RFP Section 2, Schedule of Events, prospective Respondents should submit to the Solicitation Coordinator a Notice of Intent to Respond (in the form of a simple e-mail or other written communication). Such notice should include the following information: � the business or individual’s name (as appropriate) � a contact person’s name and title � the contact person’s mailing address, telephone number, facsimile number, and e-mail address A Notice of Intent to Respond creates no obligation and is not a prerequisite for submitting a response, however, it is necessary to ensure receipt of any RFP amendments or other notices and communications relating to this RFP.

1.12. Response Deadline

A Respondent must ensure that the State receives a response no later than the Response Deadline time and date detailed in the RFP Section 2, Schedule of Events. A response must respond, as required, to this RFP (including its attachments) as may be amended. The State will not accept late responses, and a Respondent’s failure to submit a response before the Response Deadline will result in disqualification of the response. It is the responsibility of the Respondent to ascertain any additional security requirements with respect to packaging and delivery to the State of Tennessee. Respondents should be mindful of any potential delays due to security screening procedures, weather, or other filing delays whether foreseeable or unforeseeable.

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 7 of 37

2. RFP SCHEDULE OF EVENTS 2.1. The following RFP Schedule of Events represents the State’s best estimate for this RFP.

EVENT

TIME (central time zone)

DATE (all dates are state business days)

1. RFP Issued January 23, 2015

2. Disability Accommodation Request Deadline January 27, 2015

3. Pre-response Conference 10:30 a.m. January 28, 2015

4. Notice of Intent to Respond Deadline January 29, 2015

5. Written “Questions & Comments” Deadline 11:00 a.m. February 4, 2015

6. State Response to Written “Questions & Comments” February 10, 2015

7. Response Deadline 2:00 p.m. February 17, 2015

8. State Completion of Technical Response Evaluations February 23, 2015

9. State Opening & Scoring of Cost Proposals February 24, 2015

10. State Notice of Intent to Award Released and RFP Files Opened for Public Inspection February 25, 2015

11. State Building Commission (SBC) Review and Approval March 12, 2015

12. State sends contract to Contractor for signature March 12, 2015

13. Contractor Signature Deadline March 18, 2015

2.2. The State reserves the right, at its sole discretion, to adjust the RFP Schedule of Events as it

deems necessary. Any adjustment of the Schedule of Events before the Notice of Intent to award is released shall constitute an RFP amendment, and the State will communicate such to prospective Respondents from whom the State has received a Notice of Intent to Respond (refer to section 1.11).

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 8 of 37

3. RESPONSE REQUIREMENTS 3.1. Response Form

A response to this RFP must consist of two parts, a Technical Response and a Cost Proposal.

3.1.1. Technical Response. RFP Attachment 6.2., Technical Response & Evaluation Guide provides

the specific requirements for submitting a response. This guide includes mandatory requirement items, general qualifications and experience items, and technical qualifications, experience, and approach items all of which must be addressed with a written response and, in some instances, additional documentation.

NOTICE: A technical proposal should not include any pricing or cost information related to this project. If any pricing or cost information amounts related to this project are included in any part of the technical proposal, the Owner may deem the proposal to be non-responsive and reject it.

3.1.1.1. A Respondent must use the RFP Attachment 6.2., Technical Response & Evaluation

Guide to organize, reference, and draft the Technical Response by duplicating the attachment, adding appropriate page numbers as required, and using the guide as a table of contents covering the Technical Response.

3.1.1.2. A response should be economically prepared, with emphasis on completeness and

clarity. A response, as well as any reference material presented, must be written in English and must be written on standard 8 ½” x 11” pages (although oversize exhibits are permissible) and use a 12 point font for text. All response pages must be numbered.

3.1.1.3. All information and documentation included in a Technical Response should respond to

or address a specific requirement detailed in the RFP Attachment 6.2., Technical Response & Evaluation Guide. All information must be incorporated into a response to a specific requirement and clearly referenced. Any information not meeting these criteria will be deemed extraneous and will not contribute to evaluations.

3.1.1.4. The State may determine a response to be non-responsive and reject it if:

a. the Respondent fails to organize and properly reference the Technical Response

as required by this RFP and the RFP Attachment 6.2., Technical Response & Evaluation Guide; or

b. the Technical Response document does not appropriately respond to, address, or

meet all of the requirements and response items detailed in the RFP Attachment 6.2., Technical Response & Evaluation Guide.

3.1.2. Cost Proposal. A Cost Proposal must be recorded on an exact duplicate of the RFP Attachment

6.3., Cost Proposal & Scoring Guide. The Cost Proposal is broken down into Sections A through E as follows:

Section A – Pre-Construction Phase Services Fee Guide Section B – CM/GC Construction Services Percent Fee Section C – CM/GC Construction Services General Conditions Monthly Rate Section D – CM/GC Construction Services General Conditions Lump Sum Costs Section E – Summary & Scoring Guide

All sections of the Cost Proposal must be completed.

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 9 of 36

NOTICE: If a Respondent fails to submit a cost proposal exactly as required, the State may deem the response to be non-responsive and reject it.

3.1.2.1. A Respondent must only record the proposed cost exactly as required by the RFP

Attachment 6.3., Cost Proposal & Scoring Guide and must NOT record any other rates, amounts, or information.

3.1.2.2. The proposed cost shall incorporate ALL costs for services under the contract for the

total contract period, including any renewals or extensions. 3.1.2.3. A Respondent must sign and date the Cost Proposal. 3.1.2.4. A Respondent must submit the Cost Proposal to the State in a sealed package

separate from the Technical Response (as detailed in RFP Sections 3.2.3., et seq.). 3.2. Response Delivery

3.2.1. A Respondent must ensure that both the original Technical Response and Cost Proposal

documents meet all form and content requirements, including all required signatures, as detailed within this RFP.

3.2.2. A Respondent must submit original Technical Response and Cost Proposal documents and

copies as specified below.

3.2.2.1. One (1) original of the Technical Response paper document labeled: “SBC Project No. 529/005-02-2014 TECHNICAL PROPOSAL ORIGINAL” AND Six (6) copies of the Technical Response paper document labeled: “SBC Project No. 529/005-02-2014 TECHNICAL PROPOSAL COPY” AND One (1) digital copy of the Technical Response in the form of one (1) digital document in “PDF” format properly recorded on its own otherwise blank, standard CD-R recordable disc or USB flash drive labeled: “SBC Project No. 529/005-02-2014 TECHNICAL PROPOSAL RESPONSE COPY ORIGINAL” Any discrepancy between the paper Technical Proposal document and any digital copies may result in the Owner rejecting the proposal as non-responsive. In the event of a discrepancy between the original Technical Proposal document and the digital copies, the original, signed document will take precedence.

3.2.2.2. One (1) original Cost Proposal paper document labeled:

“SBC Project No. 529/005-02-2014 COST PROPOSAL ORIGINAL”

AND

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 10 of 36

One (1) copy in the form of a digital document in “PDF” format properly recorded on separate, blank, standard CD-R recordable disc or USB flash drive labeled: “SBC Project No. 529/005-02-2014 COST PROPOSAL COPY”

In the event of a discrepancy between the original Cost Proposal document and the digital copy, the original, signed document will take precedence.

3.2.3. A Respondent must separate, seal, package, and label the documents and copies for delivery as

follows: 3.2.3.1. The Technical Response original document and digital copies must be placed in a

sealed package that is clearly labeled: “DO NOT OPEN RFP SBC Project # 529/005-02-2014 TECHNICAL RESPONSE FROM [RESPONDENT LEGAL ENTITY NAME]”

3.2.3.2. The Cost Proposal original document and digital copy must be placed in a separate,

sealed package that is clearly labeled: “DO NOT OPEN RFP SBC Project # 529/005-02-2014 COST PROPOSAL FROM [RESPONDENT LEGAL ENTITY NAME]”

3.2.3.3. The separately, sealed Technical Response and Cost Proposal components may be

enclosed in a larger package for mailing or delivery, provided that the outermost package is clearly labeled: “RFP SBC Project # 529/005-02-2014 SEALED TECHNICAL RESPONSE & SEALED COST PROPOSAL FROM [RESPONDENT LEGAL ENTITY NAME]”

3.2.4. A Respondent must ensure that the State receives a response no later than the Response Deadline time and date detailed in the RFP Section 2, Schedule of Events at the following address: Tammy Robbins, Solicitation Coordinator Department of General Services Central Procurement Office, 3rd Floor William R. Snodgrass Tennessee Tower 312 Rosa L. Parks Avenue Nashville, TN 37243 Phone: (615) 253-7819

3.3. Response & Respondent Prohibitions

3.3.1. A response must not include alternate contract terms and conditions. If a response contains such terms and conditions, the State, at its sole discretion, may determine the response to be a non- responsive counteroffer and reject it.

3.3.2. A response must not restrict the rights of the State or otherwise qualify either the offer to deliver

goods or provide services as required by this RFP or the Cost Proposal. If a response restricts the rights of the State or otherwise qualifies either the offer to deliver goods or provide services as required by this RFP or the Cost Proposal, the State, at its sole discretion, may determine the response to be a non-responsive counteroffer and reject it.

3.3.3. A response must not propose alternative goods or services (i.e., offer services different from

those requested and required by this RFP) unless expressly requested in this RFP. The State may consider a response of alternative goods or services to be non-responsive and reject it.

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 11 of 36

3.3.4. A Cost Proposal must be prepared and arrived at independently and must not involve any

collusion between Respondents. The State will reject any Cost Proposal that involves collusion, consultation, communication, or agreement between Respondents. Regardless of the time of detection, the State will consider any such actions to be grounds for response rejection or contract termination.

3.3.5. A Respondent must not provide, for consideration in this RFP process or subsequent contract

negotiations, any information that the Respondent knew or should have known was materially incorrect. If the State determines that a Respondent has provided such incorrect information, the State will deem the Response non-responsive and reject it.

3.3.6. A Respondent must not submit more than one Technical Response and one Cost Proposal in

response to this RFP, except as expressly requested by the State in this RFP. If a Respondent submits more than one Technical Response or more than one Cost Proposal, the State will deem all of the responses non-responsive and reject them.

3.3.7. A Respondent must not submit a response as a prime contractor while also permitting one or

more other Respondents to offer the Respondent as a subcontractor in their own responses. Such may result in the disqualification of all Respondents knowingly involved. This restriction does not, however, prohibit different Respondents from offering the same subcontractor as a part of their responses (provided that the subcontractor does not also submit a response as a prime contractor).

3.3.8. The State shall not consider a response from an individual who is, or within the past six (6)

months has been, a State employee. For purposes of this RFP:

3.3.8.1. An individual shall be deemed a State employee until such time as all compensation for salary, termination pay, and annual leave has been paid;

3.3.8.2. A contract with or a response from a company, corporation, or any other contracting entity in which a controlling interest is held by any State employee shall be considered to be a contract with or proposal from the employee; and

3.3.8.3. A contract with or a response from a company, corporation, or any other contracting entity that employs an individual who is, or within the past six (6) months has been, a State employee shall not be considered a contract with or a proposal from the employee and shall not constitute a prohibited conflict of interest.

3.4. Response Errors & Revisions

A Respondent is responsible for any and all response errors or omissions. A Respondent will not be allowed to alter or revise response documents after the Response Deadline time and date detailed in the RFP Section 2, Schedule of Events unless such is formally requested, in writing, by the State.

3.5. Response Withdrawal

A Respondent may withdraw a submitted response at any time before the Response Deadline time and date detailed in the RFP Section 2, Schedule of Events by submitting a written request signed by an authorized Respondent representative. After withdrawing a response, a Respondent may submit another response at any time before the Response Deadline. After the Response Deadline, a Respondent may only withdraw all or a portion of a response where the enforcement of the response would impose an unconscionable hardship on the Respondent.

3.6. Response Preparation Costs

The State will not pay any costs associated with the preparation, submittal, or presentation of any response.

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 12 of 37

4. GENERAL CONTRACTING INFORMATION & REQUIREMENTS 4.1. RFP Amendment

The State at its sole discretion may amend this RFP, in writing, at any time prior to contract award. However, prior to any such amendment, the State will consider whether it would negatively impact the ability of potential Respondents to meet the response deadline and revise the RFP Schedule of Events if deemed appropriate. If a RFP amendment is issued, the State will convey it to potential Respondents who submitted a Notice of Intent to Respond (refer to RFP Section 1.11.). A response must address the final RFP (including its attachments) as amended.

4.2. RFP Cancellation

The State reserves the right, at its sole discretion, to cancel the RFP or to cancel and reissue this RFP in accordance with applicable laws and regulations.

4.3. State Right of Rejection

4.3.1. Subject to applicable laws and regulations, the State reserves the right to reject, at its sole discretion, any and all responses.

4.3.2. The State may deem as non-responsive and reject any response that does not comply with all

terms, conditions, and performance requirements of this RFP. Notwithstanding the foregoing, the State reserves the right to waive, at its sole discretion, minor variances from full compliance with this RFP. If the State waives variances in a response, such waiver shall not modify the RFP requirements or excuse the Respondent from full compliance, and the State may hold any resulting Contractor to strict compliance with this RFP.

4.4. Assignment & Subcontracting

The Contractor may not subcontract, transfer, or assign any portion of the Contract awarded as a result of this RFP without prior approval of the State. The State reserves the right to refuse approval, at its sole discretion, of any subcontract, transfer, or assignment.

4.5. Insurance The Owner will require the apparent successful Respondent to provide proof of insurance coverage as required by the Owner’s Designers’ Manual (Conditions of the Contract) before entering into a contract. Refer to Article 11 of the General Conditions of the Contract for Construction and any Supplementary Conditions (RFP Attachment 6.6). Failure to provide evidence of such insurance coverage is a material breach and grounds for termination of the contract negotiations. Any insurance required by the Owner shall be in form and substance acceptable to the Owner.

4.6. Professional Licensure

4.6.1. Respondents shall be familiar with the Contractors Licensing Act of 1994, as currently amended (codified in Tennessee Code Annotated Sections 62-6-101, et seq). A contract will not be awarded to a Respondent whose proposal is in conflict with the State of Tennessee licensing law.

4.6.2. Before the response to this RFP is submitted, the apparent successful Respondent (and

Respondent employees and subcontractors, as applicable) must hold all necessary, appropriate business and professional licenses to provide service as required. The Owner may require any Respondent to submit evidence of proper licensure.

4.6.3. Respondent shall complete the Proposal Package Cover Sheet, RFP Attachment 6.4.a., which is

to be affixed to the outermost container of the response package. The dollar limit on the license

Faris

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 13 of 36

must be sufficient to support the preliminary estimated construction cost for this Project (Refer to GMP Target in RFP Section 1.4.).

4.7. Disclosure of Response Contents

4.7.1. All materials submitted to the State in response to this RFP shall become the property of the State of Tennessee. Selection or rejection of a response does not affect this right. By submitting a response, a Respondent acknowledges and accepts that the full response contents and associated documents will become open to public inspection in accordance with the laws of the State of Tennessee.

4.7.2. The State will hold all response information, including both technical and cost information, in

confidence during the evaluation process. Notwithstanding the foregoing, a list of actual Respondents submitting timely responses may be available to the public, upon request, after technical responses are opened.

4.7.3. Upon completion of response evaluations, indicated by public release of a Notice of Intent to

Award, the responses and associated materials will be open for review by the public in accordance with Tennessee Code Annotated, Section 10-7-504(a)(7).

4.8. Contract Approval and Contract Payments

4.8.1. After contract award, the Contractor who is awarded the contract must submit appropriate documentation with the Department of Finance and Administration, Division of Accounts.

4.8.2. This RFP and its contractor selection processes do not obligate the State and do not create

rights, interests, or claims of entitlement in either the Respondent with the apparent best- evaluated response or any other Respondent. State obligations pursuant to a contract award shall commence only after the contract is signed by the State agency head and the Contractor and after the Contract is approved by all other state officials as required by applicable laws and regulations.

4.8.3. No payment will be obligated or made until the relevant contract is approved as required by

applicable statutes and rules of the State of Tennessee.

4.8.3.1. The State shall not be liable for payment of any type associated with the contract resulting from this RFP (or any amendment thereof) or responsible for any goods delivered or services rendered by the Contractor, even goods delivered or services rendered in good faith and even if the Contractor is orally directed to proceed with the delivery of goods or the rendering of services, if it occurs before the contract start date or after the contract end date.

4.8.3.2. All payments relating to this procurement will be made in accordance with the Payment

Terms and Conditions of the contract resulting from this RFP (refer to RFP Attachment 6.6., Pro Forma Contract, Section C).

4.8.3.3. If any provision of the contract provides direct funding or reimbursement for the

competitive purchase of goods or services as a component of contract performance or otherwise provides for the reimbursement of specified, actual costs, the State will employ all reasonable means and will require all such documentation that it deems necessary to ensure that such purchases were competitive and costs were reasonable, necessary, and actual. The Contractor shall provide reasonable assistance and access related to such review. Further, the State shall not remit, as funding or reimbursement pursuant to such provisions, any amounts that it determines do not represent reasonable, necessary, and actual costs.

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 14 of 36

4.9. Severability If any provision of this RFP is declared by a court to be illegal or in conflict with any law, said decision will not affect the validity of the remaining RFP terms and provisions, and the rights and obligations of the State and Respondents will be construed and enforced as if the RFP did not contain the particular provision held to be invalid.

4.10. Joint Ventures If the Owner allows consideration of joint venture proposals, and if a Respondent intends to submit a

Proposal as a joint venture, then the following requirements shall apply:

a. For the purposes of this RFP, the Owner recognizes a joint venture as separate organizations or business entities that intend to combine professional or technical expertise and business experience, and to share contractual and project responsibilities in performance of a contract pursuant to this RFP;

b. Each joint venture participant shall meet the licensure requirements stated in the RFP; c. Each joint venture participant shall meet the insurance requirements stated in the RFP; d. Each joint venture participant shall individually provide all documentation required for review of

financial responsibility and stability. The Owner will not recognize nor accept as a singular qualification, any combination of financial assets and resources from separate organizations or business entities submitting a proposal in response to this RFP;

e. A sub-contractor to a Respondent is not a joint venture participant.

Faris

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 15 of 37

5. EVALUATION & CONTRACT AWARD 5.1. Evaluation Categories & Maximum Points

The Owner will consider qualifications, experience, technical approach, and cost in the evaluation of proposals and award points in each of the categories detailed below (up to the maximum evaluation points indicated) to each apparently responsive proposal.

EVALUATION CATEGORY MAXIMUM POINTS POSSIBLE

General Qualifications & Experience (refer to RFP Attachment 6.2., Section B) 30

Technical Qualifications, Experience & Approach (refer to RFP Attachment 6.2., Section C)

40

Cost Proposal (refer to RFP Attachment 6.3., Section A - E)

30

5.2. Evaluation Process

The evaluation process is designed to award the contract resulting from this RFP not necessarily to the Respondent offering the lowest cost, but rather to the Respondent deemed by the State to be responsive and responsible who offers the best combination of attributes based upon the evaluation criteria. (“Responsive Respondent” is defined as a Respondent that has submitted a response that conforms in all material respects to the RFP. “Responsible Respondent” is defined as a Respondent that has the capacity in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance.)

The proposal evaluation will be a two-part process; a Technical Proposal evaluation (containing Qualifications, Experience, and Technical Approach) and a Cost Proposal evaluation. The apparent successful Respondent will be identified by the Qualified Proposal having the highest total combined score in both parts.

5.2.1. Technical Response Evaluation. The Solicitation Coordinator and the Proposal

Evaluation Team (consisting of three (3) or more State employees) will use the RFP Attachment 6.2., Technical Response & Evaluation Guide to manage the Technical Response Evaluation and maintain evaluation records.

5.2.1.1. The State reserves the right, at its sole discretion, to request Respondent

clarification of a Technical Response or to conduct clarification discussions with any or all Respondents. Any such clarification or discussion will be limited to specific sections of the response identified by the State. The subject Respondent must put any resulting clarification in writing as may be required and in accordance with any deadline imposed by the State.

5.2.1.2. The Solicitation Coordinator will review each Technical Response to determine

compliance with RFP Attachment 6.2., Technical Response & Evaluation Guide, Section A— Mandatory Requirements. If the Solicitation Coordinator determines that a response failed to meet one or more of the mandatory requirements, the Proposal Evaluation Team will review the response and document the team’s determination of whether:

a. the response adequately meets RFP requirements for further evaluation;

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 16 of 36

b. the State will request clarifications or corrections for consideration prior to

further evaluation; or,

c. the State will determine the response to be non-responsive to the RFP and reject it.

5.2.1.3. Proposal Evaluation Team members will independently evaluate each

Technical Response (that is responsive to the RFP) against the evaluation criteria in this RFP, and will score each in accordance with the RFP Attachment 6.2., Technical Response & Evaluation Guide.

5.2.1.4. For each response evaluated, the Solicitation Coordinator will calculate the

average of the Proposal Evaluation Team member scores for RFP Attachment 6.2., Technical Response & Evaluation Guide, and record each average as the response score for the respective Technical Response section.

The proposal score will be used in the following formula to determine the points

a Respondent will receive for the Technical proposal:

Score for Proposal Being Evaluated X Maximum Technical Points = Technical Proposal Points Highest Scoring Proposal

5.2.1.5. The proposal score for the Technical Proposal section must attain a combined

score of forty-nine (49) points or above in order to be considered. The proposal receiving the highest evaluation score will be allocated the maximum score of seventy (70) points. Before Cost Proposals are opened, the Proposal Evaluation Team will review the Technical Response Evaluation record and any other available information pertinent to whether or not each Respondent is responsive and responsible. If the Proposal Evaluation Team identifies any Respondent that does not to meet the responsive and responsible thresholds such that the team would not recommend the Respondent for Cost Proposal Evaluation and potential contract award, the team members will fully document the determination.

5.2.2. Cost Proposal Evaluation. Cost Proposals will only be considered for those proposals

that have attained a minimum score of forty-nine (49) points or above in the Part One evaluation process. The Solicitation Coordinator will open for evaluation the Cost Proposal of each Respondent deemed by the State to be responsive and responsible and calculate and record each Cost Proposal score in accordance with the RFP Attachment 6.3., Cost Proposal & Scoring Guide.The Cost Proposal containing the lowest total evaluation cost amount for the cost proposal section will receive the maximum score of thirty (30) points. The combined cost points will be used in the following formula to determine the score a Respondent will receive for the Cost Proposal:

Lowest Cost of Qualified Cost Proposals X Maximum Cost Points = Cost Proposal Points Cost for Proposal Being Evaluated

5.2.3. Total Response Score. The Solicitation Coordinator will calculate the sum of the

Technical Response section scores and the Cost Proposal score and record the resulting number as the total score for the subject Response (refer to RFP Attachment 6.5., Score Summary Matrix).

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 17 of 36

5.3. Contract Award Process

5.3.1 The Solicitation Coordinator will forward the scores established by Section 5.2.3. above to the proper officials of the procuring agency who will consider the same to determine which Respondent should be recommended for agreement award to the State Building Commission (“SBC”).

The Owner will issue a Notice of Intent to Award. The Notice of Intent to Award date is

detailed in RFP Section 2, Schedule of Events. The Notice of Intent to Award shall not create rights, interests, or claims of entitlement in the Respondent named in the Notice of Intent to Award.

NOTICE: The Notice of Intent to Award shall not create rights, interests, or claims of entitlement in either the apparent best-evaluated Respondent or any other Respondent.

5.3.2. The Respondent awarded the contract by the SBC must sign a contract drawn by the

State pursuant to this RFP. The contract shall be substantially the same as the RFP Attachment 6.6., pro forma Contract. The Respondent must sign the contract by the Contractor Signature Deadline detailed in the RFP Section 2, Schedule of Events. If the Respondent fails to provide the signed contract by this deadline, the State may determine that the Respondent is non-responsive to this RFP and reject the response.

If the Owner determines that a proposal is non-responsive and rejects it after opening Cost Proposals, the RFP Coordinator will re-calculate scores for each remaining responsive Cost Proposal to determine (or re-determine) the apparent best evaluated proposal. The RFP Coordinator will forward the re-calculated scores to the proper officials of the procuring agency who will consider the same to determine which Respondent should be recommended for contract award to the SBC.

5.4. Protest Process

Any protests or appeals of protests pursuant to this RFP or the Notice of Intent to Award shall be handled in accordance with the SBC By-laws, Policy and Procedure Item 18.

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 18 of 37

RFP ATTACHMENT 6.1.

SBC PROJECT 529/005-02-2014

PROPOSAL STATEMENT OF CERTIFICATIONS AND ASSURANCES The Respondent must sign and complete the Proposal Statement of Certifications and Assurances below as required, and it must be included in the Technical Proposal (as required by RFP Attachment 6.2., Technical Proposal & Evaluation Guide, Section A, Item A.1.).

The Respondent does, hereby, expressly affirm, declare, confirm, certify, and assure ALL of the following: 1. The Respondent will comply with all of the provisions and requirements of the RFP. 2. The Respondent will provide all services as defined in the Scope of Services of the RFP Attachment 6.6., Pro Forma

Contract for the total contract period. 3. The Respondent accepts and agrees to all terms and conditions set out in the RFP Attachment 6.6., Pro Forma

Contract. 4. The Respondent acknowledges and agrees that a contract resulting from the RFP shall incorporate, by reference, all

proposal responses as a part of the contract. 5. The Respondent will comply with:

(a) the laws of the State of Tennessee; (b) Title VI of the federal Civil Rights Act of 1964; (c) Title IX of the federal Education Amendments Act of 1972; (d) the Equal Employment Opportunity Act and the regulations issued there under by the federal government; and, (e) the Americans with Disabilities Act of 1990 and the regulations issued there under by the federal government.

6. To the knowledge of the undersigned, the information detailed within the proposal submitted in response to the RFP is accurate.

7. The proposal submitted in response to the RFP was independently prepared, without collusion, under penalty of perjury. 8. No amount shall be paid directly or indirectly to an employee or official of the State of Tennessee as wages,

compensation, or gifts in exchange for acting as an officer, agent, employee, subcontractor, or consultant to the Respondent in connection with the RFP or any resulting contract.

9. Both the Technical Proposal and the Cost Proposal submitted in response to the RFP shall remain valid for at least 120 days subsequent to the date of the Cost Proposal opening and thereafter in accordance with any contract pursuant to the RFP.

By signing this Proposal Statement of Certifications and Assurances, below, the signatory also certifies legal authority to bind the proposing entity to the provisions of this RFP and any contract awarded pursuant to it. If the signatory is not the Respondent (if an individual) or the Respondent’s company President or Chief Executive Officer, this document must attach evidence showing the individual’s authority to bind the proposing entity.

DO NOT SIGN THIS DOCUMENT IF YOU ARE NOT LEGALLY AUTHORIZED TO BIND THE PROPOSING ENTITY

SIGNATURE:

PRINTED NAME & TITLE:

DATE:

RESPONDENT LEGAL ENTITY NAME:

RESPONDENT FEDERAL EMPLOYER IDENTIFICATION NUMBER (or SSN):

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 19 of 37

RFP ATTACHMENT 6.2. — Section A

TECHNICAL RESPONSE & EVALUATION GUIDE SECTION A: MANDATORY REQUIREMENTS. The Respondent must address all items detailed below and provide, in sequence, the information and documentation as required (referenced with the associated item references). The Respondent must also detail the response page number for each item in the appropriate space below. The Solicitation Coordinator will review the response to determine if the Mandatory Requirement Items are addressed as required and mark each with pass or fail. For each item that is not addressed as required, the Proposal Evaluation Team must review the response and attach a written determination. In addition to the Mandatory Requirement Items, the Solicitation Coordinator will review each response for compliance with all RFP requirements.

RESPONDENT LEGAL ENTITY NAME:

Response Page #

(Respondent completes)

Item Ref. Section A— Mandatory Requirement Items Pass/Fail

The Response must be delivered to the State no later than the Response Deadline specified in the RFP Section 2, Schedule of Events.

The Technical Response and the Cost Proposal documentation must be packaged separately as required (refer to RFP Section 3.2., et. seq.).

The Technical Response must NOT contain cost or pricing information of any type.

The Technical Response must NOT contain any restrictions of the rights of the State or other qualification of the response.

A Respondent must NOT submit alternate responses (refer to RFP Section 3.3.).

A Respondent must NOT submit multiple responses in different forms (as a prime and a sub-contractor) (refer to RFP Section 3.3.).

A.1. Statement of Certifications and Assurances: Provide the Statement of Certifications and Assurances (RFP Attachment 6.1.) completed and signed by an individual empowered to bind the Respondent to the provisions of this RFP and any resulting contract. The document must be signed without exception or qualification.

A.2. Conflict of Interest: Provide a statement, based upon reasonable inquiry, of whether the Respondent or any individual who shall perform work under the contract has a possible conflict of interest (e.g., employment by the State of Tennessee, or other conflict as set forth in Item 12 of the SBC By-Laws, Policy & Procedures) and, if so, the nature of that conflict.

NOTE: Any questions of conflict of interest shall be solely within the discretion of the State, and the State reserves the right to cancel any award.

A.3. Proposal Package Cover Sheet: The outermost container displays Contractor Licensing information, with the Proposer’s State of Tennessee Contractor’s License Number, Classification, Expiration Date, and License Limit (Refer to RFP Attachment 6.4.a.).

The dollar limit on the license is sufficient to support the GMP Target provided in RFP Section 1.4.

A.4. Bonding: Provide a letter from an insurance/surety. The surety for any and

Faris
Faris

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 20 of 36

RESPONDENT LEGAL ENTITY NAME:

Response Page #

(Respondent completes)

Item Ref. Section A— Mandatory Requirement Items Pass/Fail

all bonds must have a rating of “A” or better with the U.S. Treasury Department Agency.

The letter from the surety company must include the Proposer’s capability to provide bonding for this Project in accordance with the Terms and Conditions of the Contract. The letter must include the Proposer’s individual project and overall bonding capabilities and specify the Proposer’s monetary bonding capacity.

A.5. Insurance: Provide a Certificate of Insurance (ACORD) stating the Proposer’s capability to provide insurance for this Project in accordance with the requirements as specified in the General Conditions of the Contract for Construction and any Supplementary Conditions (RFP Attachment 6.6).

A.6. Builder’s Risk: Provide an ACORD document from insurance agent to confirm coverage for the estimated amount of this project. The policy shall be “All-Risk” Builder’s Risk.

An Installation Floater Policy is not acceptable for the Builder’s Risk Policy.

A.7. For the last three (3) years, provide the following ratios for the Proposer, calculated according to the generally accepted accounting principles:

1.) Quick Ratio and 2.) Debt/Worth.

NOTE: The Owner may request CPA audited or reviewed financial statements prepared in accordance with generally accepted accounting principles from the apparent best-evaluated Proposer prior to final award of the agreement. If the requested documents do not support the financial stability of the Proposer the Owner reserves the right to reject the proposal.

A.8. Provide a statement of whether, in the last ten (10) years, the Proposer has filed (or had filed against it) any bankruptcy or insolvency proceeding, whether voluntary or involuntary, or undergone the appointment of a receiver, trustee, or assignee for the benefit of creditors. If so, include an explanation providing relevant details.

A.9. Provide a statement of whether there have been any mergers, acquisitions, or sales of the Proposer within the last five (5) years. If so, include an explanation providing relevant details.

A.10. Provide a statement of whether the Proposer or, to the Proposer's knowledge, any of the Proposer’s employees, agents, independent contractors, or subcontractors, proposed to provide work on a contract pursuant to this RFP, have been convicted of, pled guilty to, or pled nolo contendere to any felony. If so, include an explanation providing relevant details.

Faris
Faris
Faris
Faris
Faris

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 21 of 36

RESPONDENT LEGAL ENTITY NAME:

Response Page #

(Respondent completes)

Item Ref. Section A— Mandatory Requirement Items Pass/Fail

A.11. Provide a statement of whether there is any material, pending litigation against the Proposer that the Proposer should reasonably believe could adversely affect its ability to meet contract requirements pursuant to this RFP or is likely to have a material adverse effect on the Proposer’s financial condition. If such exists, list each separately, explain the relevant details, and attach the opinion of counsel addressing whether and to what extent it would impair the Proposer’s performance in a contract pursuant to this RFP.

NOTE: All persons, agencies, firms, or other entities that provide legal opinions regarding the Proposer must be properly licensed to render such opinions. The Owner may require the Proposer to submit proof of such licensure detailing the state of licensure and licensure number for each person or entity that renders such opinions.

State Use – Solicitation Coordinator Signature, Printed Name & Date:

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 22 of 36

RFP ATTACHMENT 6.2. — SECTION B

TECHNICAL RESPONSE & EVALUATION GUIDE SECTION B: GENERAL QUALIFICATIONS & EXPERIENCE. The Respondent must address all items detailed below and provide, in sequence, the information and documentation as required (referenced with the associated item references). The Respondent must also detail the response page number for each item in the appropriate space below. Proposal Evaluation Team members will independently evaluate and assign one score for all responses to Section B— General Qualifications & Experience Items.

RESPONDENT LEGAL ENTITY NAME:

Response Page #

(Respondent completes)

Item Ref. Section B— General Qualifications & Experience Items

B.1. Detail the name, e-mail address, mailing address, telephone number, and facsimile number of the person the State should contact regarding the response.

B.2. Describe the Respondent’s form of business (i.e., individual, sole proprietor, corporation, non-profit corporation, partnership, limited liability company) and business location (physical location or domicile).

B.3. Detail the number of years the Proposer has been in business as a Contractor. Detail the number of years the Proposer has been in business under its present business name. If applicable, list any former names under which your organization has operated. Briefly describe how long the Proposer has been performing the services required by this RFP.

B.4. Briefly provide size of firm by office or branch if applicable, including, number of principals/owners, number of office personnel, and number of field personnel by skill set.

B.5. List jurisdictions and trade categories in which your organization is legally qualified to do business, and include registration or license numbers, if applicable.

B.6. The statements requested below are intended to illustrate evidence of previous specialized knowledge and experience with CM/GC services. Statements should be able to demonstrate experience with all of the task types within the scope of work as required by the contract agreement. Please provide:

a) Summary information about your company’s CM/GC experience; and b) Information about three (3) recent projects for different owners in the

United States your CM/GC team has successfully provided.

The information provided should include the names of the employees on the CM/GC teams that you describe. Of particular interest are any projects involving renovation of historic stone structures and waterproofing of underground structures, especially tunnels.

B.7. Provide a minimum of two (2), or a maximum of four (4), detailed previous examples with similar scope and complexity to the services sought by the Owner in this RFP. The examples should include current (ongoing) and completed (preferable within the last five (5) years) projects and Proposer should indicate those projects that were for the State of Tennessee within the last five (5) years. List projects starting with the most recent and include the information as listed below for each project:

1) Team’s performance with an emphasis on accelerated schedule and adherence to a budget.

2) Project name and location.

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 23 of 36

RESPONDENT LEGAL ENTITY NAME:

Response Page #

(Respondent completes)

Item Ref. Section B— General Qualifications & Experience Items

3) Brief description of scope, including extent of stonework, sitework, and waterproofing performed that is similar to the requirements of this project.

4) Project size: a) Total dollars per square foot; b) Number of stories; and c) Gross square foot area. d) Gross square footage of stonework and sitework

5) Year contracted and scope completed.

6) Client reference name / title, role on project, and contact information.

7) Project Prime Contractor and Prime Designer Firm Names to include, the key personnel and their roles on the project (from both the Prime Contractor and Prime Designer).

8) Each example should also identify the following: a) schedule; and b) project challenges and resolutions to those challenges.

A related Project History Form, RFP Attachment 6.4.b., is provided for the Proposer’s use in compiling and presenting this information. Provide a Related Project History Form for up to four (4) projects of similar scope and complexity.

B.8. Provide documentation of the Respondent’s commitment to diversity as represented by the following:

(a) Business Strategy. Provide a description of the Respondent’s existing programs and

procedures designed to encourage and foster commerce with business enterprises owned by minorities, women, Tennessee service-disabled veterans, and small business enterprises. Please also include a list of the Respondent’s certifications as a diversity business, if applicable.

(b) Business Relationships. Provide a listing of the Respondent’s current contracts with

business enterprises owned by minorities, women, Tennessee service-disabled veterans and small business enterprises. Please include the following information: (i) contract description and total value; (ii) contractor name and ownership characteristics (i.e., ethnicity, gender, Tennessee

service-disabled); (iii) contractor contact name and telephone number.

(c) Estimated Participation. Provide an estimated level of participation by business enterprises owned by minorities, women, Tennessee service-disabled veterans, and small business enterprises if a contract is awarded to the Respondent pursuant to this RFP. Please include the following information: (i) a percentage (%) indicating the participation estimate. (Express the estimated

participation number as a percentage of the total estimated contract value that will be dedicated to business with subcontractors and supply contractors having such ownership characteristics only and DO NOT INCLUDE DOLLAR AMOUNTS);

Faris

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 24 of 36

RESPONDENT LEGAL ENTITY NAME:

Response Page #

(Respondent completes)

Item Ref. Section B— General Qualifications & Experience Items

(ii) anticipated goods or services contract descriptions; (iii) names and ownership characteristics (i.e., ethnicity, gender, Tennessee service-

disabled veterans) of anticipated subcontractors and supply contractors. NOTE: In order to claim status as a Diversity Business Enterprise under this contract, businesses must be certified by the Governor’s Office of Diversity Business Enterprise (Go-DBE). Please visit the Go-DBE website at https://tn.diversitysoftware.com/FrontEnd/StartCertification.asp?TN=tn&XID=9265 for more information.

(d) Workforce. Provide the percentage of the Respondent’s total current employees by ethnicity and gender.

NOTE: Respondents that demonstrate a commitment to diversity will advance State efforts to expand opportunity to do business with the State as contractors and subcontractors. Response evaluations will recognize the positive qualifications and experience of a Respondent that does business with enterprises owned by minorities, women, Tennessee service-disabled veterans and small business enterprises and who offer a diverse workforce.

B.9. Provide a list or chart presenting annual dollar workload volume inclusive of number of projects on a per year basis for the last five (5) years.

B.10. Continuous Improvement Process –

Describe how customer feedback is received and provide copies of the feedback received from the last five (5) projects completed. The projects completed can include projects worked on with the State. If you do not have a Continuous Improvement Process in place, please so state.

SCORE (for all Section B—Qualifications & Experience Items above): (maximum possible score = 30)

State Use – Evaluator Identification:

Faris

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 25 of 36

RFP ATTACHMENT 6.2. — SECTION C

TECHNICAL PROPOSAL & EVALUATION GUIDE SECTION C: TECHNICAL QUALIFICATIONS, EXPERIENCE & APPROACH. The Respondent must address all items (below) and provide, in sequence, the information and documentation as required (referenced with the associated item references). The Respondent must also detail the proposal page number for each item in the appropriate space below. A Proposal Evaluation Team, made up of three or more State employees, will independently evaluate and score the proposal’s response to each item.

RESPONDENT LEGAL ENTITY NAME:

Proposal Page #

(Respondent completes)

Item Ref.

Section C— Technical Qualifications, Experience & Approach Items

C.1. Provide a narrative that illustrates the Respondent’s understanding of the State’s requirements and project schedule.

C.2. Project Approach:

a) Discuss your CM/GC team’s approach to accomplish the Owner’s scope of services and work plan. Specifically describe the Proposer’s approach/procedures for the following items: • project schedule development and maintenance, including recovery schedules

as necessary. Describe how you will accomplish GMP development and awarding subcontracts within the tight schedule constraints at the beginning of this project. Also describe how you will insure that the work will be sufficiently complete to reopen the tunnel interior before the 2016 legislative session begins.

• project document completion • budget preparation and budget confirmation at each design phase • submittal approval listing individuals and their titles • estimate at each design phase as applicable to this project • subcontractor awards and oversight • project budget tracking • closeout procedures including: o punch list development o operations and maintenance manuals o warranties - provide a narrative of how warranty service calls are managed

during the warranty phase o as-built drawings and specifications

b) Provide a statement of whether the Proposer intends to use subcontractors to

accomplish the work required by this RFP, and if so, detail: • the names of the subcontractors along with the contact person, mailing address,

telephone number, and e-mail address for each; • a description of the scope and portions of the work each subcontractor will

perform; and • a statement specifying that each proposed subcontractor has expressly

assented to being proposed as a subcontractor in the Proposer’s response to this RFP.

c) Explain your firm’s typical approach to ensuring that the operations and logistics

surrounding construction have been planned. In particular explain, in detail, the following items:

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 26 of 36

RESPONDENT LEGAL ENTITY NAME:

Proposal Page #

(Respondent completes)

Item Ref.

Section C— Technical Qualifications, Experience & Approach Items

• Identification of individuals that are part of the CM/GC team while working on the project

• Working hours (proposed) • Security of both the building and the areas under construction • Risk assessment and plans for potential risks • Material storage, deliveries

C.3. Project Staffing:

a) Describe how the Proposer shall staff this project. Identify individuals who shall be assigned to perform duties under the Agreement, including Proposer Executive(s), Project Manager(s), Superintendent(s) and others who comprise the project team, as well as those who may be reporting to State officials regarding project deliverables. Are the individuals that provide schedules, quality control, safety, and estimates, in-house and independent of project management?

b) Include the percentage of time each proposed individual will be involved in this project during each phase.

c) Explain the criteria used in developing this team. d) Provide concise summary resumes of these key personnel.

1.) Detail each individual’s position/role with the Proposer team including the Proposer’s subcontractors.

2.) Highlight applicable experience, positions, and/or work demonstrating similar responsibility.

e) Utilizing an organization chart: 1.) Indicate lines of authority; and 2.) Illustrate how the project team will interface with the designer and Owner.

C.4. Project Schedule:

a) Provide a narrative that illustrates how the Proposer will manage the project, ensure completion of the scope of services, and accomplish required objectives within the Owner’s project schedule (substantial completion of the tunnel interior shall be no later than January 8, 2016, and final completion of the overall project shall be no later than March 1, 2016). Identify any objectives critical to project schedule and strategies to achieve them. Will scheduling be accomplished in-house or using external staff? Provide a narrative describing proposer’s experience with cost loaded scheduling. The State uses Primavera version 6 to schedule and monitor its construction program. Provide a narrative demonstrating how you currently provide or plan to provide efficient compatibility with our computer system and schedulers.

b) Provide a schedule of all work between design development document turn-over to construction start. Schedule shall include milestone activities, including but not limited to:

o Bid package development/award; o Estimate at each design phase; o GMP presentation to Owner; and o Any Owner required deliverables to meet these dates

c) Based on the information available and the information provided, please explain your approach for completing construction within the time frame set by the State. Explain

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 27 of 36

RESPONDENT LEGAL ENTITY NAME:

Proposal Page #

(Respondent completes)

Item Ref.

Section C— Technical Qualifications, Experience & Approach Items

the sequencing of the work and the construction schedule.

d) Provide a narrative that illustrates how the Proposer manages obstacles and plans recovery actions using the project schedule. Are submittals tracked on the project

schedule?

C.5. Reporting:

a) Detail your Team’s special or unique capabilities, operating procedures, technology, programs, innovative solutions, etc., that would directly benefit the Owner. Identify programs that this CM/GC team will use. Technology should cover at least the following areas of the project:

o Scheduling o Estimating o Job Costs o Project Management o As-Built /Drawings and Specifications (including photographs) o Drafting software o File sharing software

b) Provide examples of monthly reports, including but not limited to the following: o Project summaries o Charts o Schedules

o Status reports, etc. which detail up to-date data or information on project components. The emphasis here is demonstrating the reporting methodology for informing the Owner.

C.6. Quality Control: Describe how you would create and maintain a Design and Construction Quality Management Plan through the life of the project. Refer to requirements listed in the 2014 Designers’ Manual, Chapter Three Project Design, Initiating Design/General Procedures (all phases) Section 3.01.B.12.

SCORE (for all Section C— Technical Qualifications, Experience & Approach Items above): (maximum possible score=40)

Owner Use – Evaluator Identification:

Owner Use – RFP Coordinator Signature, Printed Name & Date:

End of Section C

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 28 of 36

RFP ATTACHMENT 6.3. Sections A through E

CM/GC Construction Services

PRE-CONSTRUCTION SERVICES FEE GUIDE — SECTION A

RESPONDENT NAME:

Provide the total lump sum fee for delivery of the Pre-Construction Phase Services for this Project as defined by CM/GC Scope of Services and Deliverables, Section 1. This fee should not include costs of printing the Designer’s design/construction documents, geotechnical investigations, environmental testing, and property surveys during the Design Phase. This fee will be paid upon successful completion of services and is not to be included as a part of the CM/GC construction services fixed fee. This fee may be negotiated prior to execution of the Pro Forma Master Contract. The Pre-Construction Fee shall be broken down as follows: March 2015 – June 2015 Pre-Construction Lump Sum Amount

$ (The Owner will insert value at RFP Attachment 6.3., Section D.1.)

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 29 of 36

CM/GC CONSTRUCTION SERVICES PERCENT FEE — SECTION B

RESPONDENT NAME:

The proposed cost for the CM/GC construction services percent fee shall be for providing the construction services defined in the CM/GC Scope of Services and Deliverables, Section 2 for the total contract time and project closeout. The Fee shall be stated as a percentage of the Project construction cost that includes the following:

• General company overhead and profit • Personnel not directly assigned to the Project such as accountants, clerks, secretaries and personnel

other than those listed under Construction Services General Conditions Budget (whether on site or in the office)

• Company officers and other personnel with supervisory status not listed under Construction Services General Conditions Budget

• The cost of main office equipment and related supplies, maintenance and service not located on site. • THIS PERCENTAGE WILL BE MULTIPLIED BY THE PROJECT BUDGET CONSTRUCTION COST

LISTED IN SECTION D FOR EVALUATION PURPOSES; HOWEVER, THE FINAL FEE WILL BE CALCULATED BASED UPON THE GUARANTEED MAXIMUM PRICE (GMP) INCLUDING THE GENERAL CONDITIONS FEE AT THE END OF DESIGN.

CM/GC Construction Services Percent Fee

__________________%

(The Owner will insert value at RFP Attachment 6.3., Section D.2.)

Faris

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 30 of 36

CM/GC CONSTRUCTION SERVICES GENERAL CONDITIONS MONTHLY RATE — SECTION C

RESPONDENT NAME:

Provide the proposed General Conditions Total Monthly Costs as described below for the construction scope and the construction services target duration identified in the RFP, shown below as a Total Monthly Rate. This rate will be multiplied by the duration of the project, in months, to determine a not to exceed amount for the Monthly General Conditions. General Conditions shall be invoiced at actual cost.

The proposed amount shall include all General Conditions monthly costs for personnel and equipment of the quantity and type required to accomplish the services as defined by the RFP and the scope of the project for the entire duration of the Contract Time defined by the Pro Forma General Conditions and the GMP. Monthly costs include, but are not limited to, the following:

• Personnel Costs including Labor Burden of all personnel directly assigned to the Project including but not limited to: o Superintendent o Assistant Superintendent o Project Manager o Project Director o Project Engineer o Safety Director o Construction Documentation Manager/Coordinator o Trades Coordinator o Project Scheduler o Clerk

• Photographs • Temporary Utilities Required for Construction, including usage charges • Office and Storage trailer(s) • Portable Toilets • Phones, pagers, faxes and other communications devices • Safety Measures • Vehicles and Fuel • Parking and Shuttle services • Office Furniture and Equipment • Supplies and other expenses • Trash, Dumpster Rental and Disposal, Dust Control, and Daily, Weekly and Monthly cleanup • Other Monthly Costs Identified by the Respondent:

o ____________________________________________________________________

o ____________________________________________________________________

Note: All charges for the project as a direct expense of the Construction Manager must be included either as a Monthly General Conditions Rate or as a part of the General Conditions Total Lump Sum Cost. All other work must be competitively procured as a part of the GMP.

(This figure is for contractual purposes only and will not be evaluated.) Labor burden multiplier ______________% Note: The labor burden multiplier shall be limited to a maximum of thirty nine percent (39%) of base salary or hourly wage pursuant to the Pro Forma General Conditions.

CM/GC General Condition Total Monthly Rate

$ _________________ (The Owner will insert value at RFP Attachment 6.3., Section D.3.)

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 31 of 36

CM/GC CONSTRUCTION SERVICES GENERAL CONDITIONS TOTAL LUMP SUM COSTS — SECTION D

RESPONDENT NAME:

Provide the proposed General Conditions Total Lump Sum Costs as described below for the construction scope and the construction services target duration identified in the RFP, shown below as a Total Lump Sum Costs. This cost will be used as a not to exceed amount for the Lump Sum General Conditions. General Conditions shall be invoiced at actual cost. The proposed amount shall include all General Conditions lump sum costs of the quantity and type required to accomplish the services as defined by the RFP and the scope of the project for the entire duration of the Contract Time defined by the Pro Forma General Conditions and the GMP. Lump sum costs include, but are not limited to, the following:

• Project Mobilization and Demobilization Charges • Project Final Cleaning including trade cleaning if not procured as a separate package • Project Layout and Surveying • All required permits and related fees • General Liability Insurance as required by the Pro Forma General Conditions • Builder’s Risk insurance as required by the Pro Forma General Conditions • Project Signage • All general project testing if not procured as a part of a separate package • All Temporary Construction Items not included as a Monthly cost • Substantial Completion • Warranty Inspection • Installation and Removal of Temporary Utility Conveyances • Reproduction of Documents for sub trades • Trade contract Bidding including advertising • Printing and Record Drawings • Project Punch List work and Final Inspection • Other Lump Sum Costs Identified by the Respondent:

o ____________________________________________________________________

o ____________________________________________________________________

• Contract Bond Rate shall be listed separately as indicated below

Note: All charges for the project as a direct expense of the Construction Manager must be included either as a Monthly General Conditions Rate or as a part of the General Conditions Total Lump Sum Cost. All other work must be competitively procured as a part of the GMP.

CM/GC General Total Lump Sum Costs

$ _________________ (The Owner will insert value at RFP Attachment 6.3., Section D.2.)

Contract Bond rate percentage based on the total GMP target

__________________%

(The Owner will insert value at RFP Attachment 6.3., Section D.5.)

Faris
Faris
Faris
Faris

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 32 of 36

CM/GC CONSTRUCTION SERVICES COST PROPOSAL SUMMARY FORM

SUMMARY & SCORING GUIDE — SECTION E

RESPONDENT NAME:

Signature & Date:

The signatory must be an individual or a company officer empowered to contractually bid the Respondent.

The proposed cost and the submitted technical proposal associated with this cost shall remain valid for at least one hundred twenty (120) days subsequent to the date of the Cost Proposal opening and thereafter in accordance with any resulting contract between the Respondent and the Owner. All monetary amounts are United States currency.

Owner Use Only

1. Pre-Construction Phase Services Lump Sum Fee

March 2015 – June 2015

$_______________ (The Owner will insert value from RFP Attachment 6.3., Section A.)

2. Construction Services Fee _______% x $5,907,000.00*

*Note: This figure is for evaluation purposes ONLY. See Section B above for additional information regarding the final calculation for Construction Services.

$_______________ (The Owner will insert value from RFP Attachment 6.3., Section B and multiply by $5,907,000.00).

3. Construction Services General Conditions Budget – Monthly Cost Total

______________ x (10) Months*

Monthly Rate for new Construction Phase

*NOTE: The months are for evaluation purposes only.

$________________ (The Owner will insert value from RFP Attachment 6.3., Section C and multiply by (10) months).

4. Construction Services General Conditions Budget – Lump Sum Total $________________ (The Owner will insert value from RFP Attachment 6.3., Section D Lump Sum Total.)

5. Construction Bond Amount __________ % x $5,907,000.00*

* Note: This figure is for evaluation purposes only. The stated percentage rate will be calculated against the actual approved GMP.

$________________ (The Owner will insert value from RFP Attachment 6.3., Section D and multiply by $5,907,000.00.

TOTAL COST ITEMS 1- 5 $

The RFP Coordinator will use this sum and the formula below to calculate the Cost Proposal Score. Numbers rounded to two (2) places to the right of the decimal point will be standard for calculations.

lowest evaluation cost amount from all proposals x 30

(maximum section score)

= SCORE:

evaluation cost amount being

evaluated

Owner Use – RFP Coordinator Signature, Printed Name & Date:

Faris

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 33 of 36

RFP ATTACHMENT 6.4.a.

PROPOSAL PACKAGE COVER SHEET

CM/GC

State Capitol Motlow Tunnel Repairs

SBC PROJECT NUMBER: 529/005-02-2014

Tennessee Contractor and Professional’s License Information

Any blank spaces may cause Proposal to be unacceptable and rejected.

Provide State contractor license number, expiration date, and classifications for Respondent as applicable and in accordance with State of Tennessee licensing law.

Provide all names as used for licensing or other legal transactions.

Respondent Identification:

Respondent

Address

Tennessee Contractor License information:

License Number

License Classification(s) applicable to Project

License expiration date $( )

Dollar Limit

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 34 of 36

RFP ATTACHMENT 6.4.b.

RELATED PROJECT HISTORY FORM

Include project history form with submitted Proposal & Evaluation Guide, Section B,

for Qualifications and Experience

Proposing Company (and Branch Office if applicable): ________________________________________________

Respondent Address: ______________________________________________________________________ ___

City: ______________________________ State: ______ Phone: ___________________________________

Client Representative knowledgeable about the project work:

Name of Respondent’s Client: ______________________________________________________________________________ Procuring Entity (Federal Agency, State Agency, Municipality, Private Company, Other)

Contact’s Name: ________________________________Title: ______________________________________________________

Phone: ____________________________ E-mail: ____________________________________________________________

Project Title: ______________________________________________________________________________________________

Project or Contract Number: _________________________________________________________________________________

Project Location (City, State) _________________________________________________________________________________

Start Date: __________________________________Completion Date: _______________________________________________

Program/ Agency Name (if applicable): _________________________________________________________________________

Cost Range for the Example Project: $ ________ � Thousand � Million

Brief description of the project scope and service(s) provided:

Attach additional pages as necessary

Use this form for submitting projects of Respondent team participants if applicable

The State reserves the right to contact the Client Representative.

Please confirm that contact information is current.

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 35 of 36

RFP ATTACHMENT 6.5.

SCORE SUMMARY MATRIX

RESPONDENT NAME RESPONDENT NAME RESPONDENT NAME

GENERAL QUALIFICATIONS & EXPERIENCE (maximum: 30)

EVALUATOR NAME

EVALUATOR NAME

REPEAT AS NECESSARY

AVERAGE: AVERAGE: AVERAGE:

TECHNICAL QUALIFICATIONS, EXPERIENCE & APPROACH (maximum: 40)

EVALUATOR NAME

EVALUATOR NAME

REPEAT AS NECESSARY

AVERAGE: AVERAGE: AVERAGE:

COST PROPOSAL (maximum: 30) SCORE: SCORE: SCORE:

TOTAL RESPONSE EVALUATION SCORE:

(maximum: 100)

Solicitation Coordinator Signature, Printed Name & Date:

2-20-14 RFP

RFP SBC No. 529/005-02-2014 Page 36 of 36

RFP ATTACHMENT 6.6.

SBC Project No. 529/005-02-2014

PRO FORMA CONTRACT

The pro forma contract detailed in following pages of this exhibit contains some “blanks” (signified by descriptions in capital letters) that will be completed with appropriate information in the final contract resulting from the RFP.

Pro Forma Master Contract and Contract Attachments

Attachment A: Attestation re Personnel Used in Contract Performance Attachment B: Pre-Construction Services Payment Schedule Attachment C: CM/GC Services Agreement with Guaranteed Maximum Price (00 52 23)

• Contract Bond (00 61 13) • AIA Document A201 – 1997 Edition (00 72 23) • Supplementary Conditions (00 73 15)

Attachment D: CM/GC Scope of Services and Deliverables

Faris
Faris

Attachment C: CM/GC Services Agreement with Guaranteed Maximum Price (00 52 23)

Faris

Scope of Services and Deliverables State Capitol Motlow Tunnel Repairs SBC Project No. 529/005-02-2014

Page 1

Attachment D

CM/GC Scope of Services and Deliverables State Capitol Motlow Tunnel Repairs, SBC Project No. 529/005-02-2014

1 PRE-CONSTRUCTION PHASE SERVICES

The CM/GC services shall consist of providing Pre-Construction Phase Services (“PCPS”) as required including an acceptable Guaranteed Maximum Price (“GMP”).

Pre-Construction Requirements:

a) Attend weekly project meetings/design review meetings with appropriate preconstruction personnel to provide ongoing input with respect to cost, schedule and constructability to ensure quality, schedule and budget goals are met.

b) Provide pricing information upon commencement of PCPS for the existing construction documents, and then again upon 100% construction documents via a bound report containing a detailed quantity and unit cost take-off of all work necessary for construction of the Project. This pricing information shall be submitted with a complete unit price, material quantity, a total cost itemization, any subcontractor quotations used in the development of pricing, bid tabulation sheets used to evaluate subcontractor pricing, a detailed listing of qualifications and assumptions, a summary listing of any outstanding document inconsistencies, and any potential risks that could impact budget parameters and final delivery of the construction phase of the Project.

c) Concurrent with the submission of estimates as listed, the CM/GC will prepare and submit a schedule using critical path method, or other scheduling method suitable to the Owner, for the construction phase of the Project. The schedule shall be presented with each estimate and shall reflect any revisions in the estimates, which affect the construction time.

d) Value engineering will be an on-going process throughout the Preconstruction Phase of the Project. Value engineering shall be defined as appropriate cost benefit measures to provide the same or equivalent functionality and quality that add value to the project. Upon receipt of documents issued for pricing, the CM/GC will submit a detailed list of value engineering options, the benefit to the project for the each option including initial costs as a part of a life cycle cost analysis. The CMGC will meet and work with the Owner and the Designer in the evaluation of the various options and incorporate selected options into the estimates.

1.1 Project Review

1.1.2 The CM/GC shall meet with the Owner, the Designer and any other design team members to gain a full understanding of the program, the design documents, the Project scope and all other aspects of the Project.

1.1.3 The CM/GC is an integral part of the Project team that will coordinate the development and progress of the pre- construction and construction phases.

1.1.4 The CM/GC may develop written Project procedures, in cooperation with the Owner and the Designer, that will augment the Owner’s Designers’ Manual, as necessary, to be used as a guide for the management and coordination of this Project.

1.2 Consultation During Project Development

1.2.1 The CM/GC shall attend regularly scheduled meetings with the Designer and consultants during the design phase established by the contract between the Owner and the Designer, to advise them on matters relating to site use, improvements, selection of materials, building methods, construction details, building systems and equipment, phasing and sequencing, and cost. During the design work, the CM/GC shall provide a written, detailed coordination, constructability and quality review of all drawings and Specifications, in a form acceptable to the Owner and coordinated with the Designer. This review shall make an effort, to the best of the CM/GC’s ability, to:

a) Identify, minimize and eliminate areas of conflict, errors, omission, and overlapping of the Work to be performed by the various subcontractors.

b) Endeavor to minimize cost and value engineer where appropriate to meet budgets or other Owner needs. Verify basis of design and value-engineering alternatives are compatible for the use and purpose necessary to meet or exceed the designed intent.

c) Allow for phased and/or fast track bid packages as may be required.

By the nature of the CM/GC at risk delivery method, the CM/GC agrees and accepts greater responsibility for coordination and review of the contract documents than may be uncovered through a normal hard bid contract. This obligation is in addition to the diligence required by AIA Document A201, paragraph 3.2.

The CM/GC shall not be called upon to provide advice on legal issues or to engage in the practice of architecture or

Faris
Faris

Scope of Services and Deliverables State Capitol Motlow Tunnel Repairs SBC Project No. 529/005-02-2014

Page 2

engineering. The CM/GC’s review of design documents is solely in its capacity as a CM/GC and general contractor, not as a design professional. Such review is limited to issues of constructability, cost, value analysis, and scheduling. The CM/GC is not responsible for design of the Project.

1.3 Schedule

1.3.1 The CM/GC in consultation with the Designer shall prepare, provide, and maintain appropriately detailed pre- construction phase Critical Path Method (“CPM”) schedules utilizing the same standard software that will later be used to develop the Project Construction Schedule. Provide schedule software data and updates compatible with State system Primavera P6.

1.3.2 The Project schedule shall be sufficiently detailed to allow for a realistic projection of design activity sequences and durations. Updated schedules will be required at the end of the Construction Design phase established by the contract between the Owner and the Designer, and after major value analysis decisions.

1.3.3 Within twenty (20) days from the execution of the PCPS contract, the CM/GC is to establish a detailed CPM schedule of the pre-construction phase with the concurrence of the Owner and the Designer. The CM/GC is responsible to monitor this schedule during the pre-construction/design phase, and advise the Owner of any deficiencies in adhering to this schedule by any party.

1.4 Constructability Review

1.4.1 CM/GC shall review the design documents during the pre-construction phase as to constructability. The review shall be conducted and reported following “Uniformat.” With respect to each such issue, the CM/GC shall submit a written report to both the Owner and the Designer. At a minimum, each such written report shall contain:

a) A description of the constructability issue with background information;

b) a summary of the CM/GC’s in-depth study/research including a description of the degree that the design/construction documents have been reviewed; and,

c) written recommendations for addressing the issue.

1.4.2 The CM/GC shall promptly notify the Owner and Designer in writing upon recognizing any features in the design documents that appear to the CM/GC to be ambiguous, confusing, conflicting or erroneous.

1.5 Construction Cost Model / Estimates

1.5.1 The CM/GC shall develop a Project Construction Cost Model/Estimate (“CCME”) that shall be independent from any similar estimate of probable construction cost required of the Designer and shall be updated as needed, but at a minimum at the end of each design phase during which the CM/GC is performing PCPS.

1.5.2 At Owner’s cost, the Owner may request an independent confirming estimate at any phase, or, may request that an independent review of the CM/GC’s detailed estimate be made to generally confirm quantities, costs, or rates shown.

1.5.3 Each CCME must contain a statement of the total amount determined to be the total construction costs for the Project, including alternates, CM/GC construction services general conditions budget, CM/GC construction services fixed fee, and CM/GC contingency.

1.5.4 The Maximum Allowable Construction Cost (“MACC”) is the amount available for construction: GMP target as established by the Owner plus the Owner’s construction contingency. The GMP Target shall include the amount available for construction, the CM/GC construction services General Conditions Budget, CM/GC construction services Fixed Fee, and CM/GC Contingency.

1.5.5 Each CCME and the Designer’s estimate of probable construction cost will be reviewed by the Designer and the Owner for reasonableness and compatibility with the GMP target. The Owner, Designer and the CM/GC will work together to resolve questions and differences that may occur between the Designer’s estimate of probable construction cost and the CCME and to reach a mutually acceptable joint estimate of probable construction cost.

1.5.6 In the event that the Designer’s or the CM/GC’s estimate of probable construction cost exceeds the GMP target, the Owner may direct the CM/GC to continue to provide its pre-construction phase services in conjunction with the Designer’s redesign of the Project as necessary to maintain the Project program within the GMP target; in which case, the CM/GC shall do so without additional compensation. Also, the Owner may elect to revise the Project scope or increase funding.

1.6 Value Analysis

1.6.1 The CM/GC shall, after a complete review of the Project program, review the design documents available at the time of the CM/GC’s commencement of PCPS, and obtain an understanding of the intent of the Owner and the Designer, provide an initial value analysis study within a time frame agreed upon between Owner, Designer, and CM/GC based on available information and offer cost savings suggestions to the Owner. All recommendations shall be in writing, and must be fully reviewed with the Designer and Owner, and approved by the Owner prior to implementation.

Scope of Services and Deliverables State Capitol Motlow Tunnel Repairs SBC Project No. 529/005-02-2014

Page 3

1.6.2 Value analysis efforts are intended to facilitate a design by the Designer that is effective in first costs as well as long term operational costs relative to issues of energy use and facility maintainability. Value analysis studies shall include life cycle cost analysis as may be required to assist the Designer to achieve an appropriate balance between costs, aesthetics and function. The CM/GC’s analyses and recommendations are for issues of constructability, scheduling, value analysis, and cost, and are not made in the capacity of a design professional evaluating the adequacy of the design or compliance of the design with applicable design standards or codes.

1.6.3 Value analysis efforts shall take into consideration applicable constructability issues.

1.6.4 All value analysis studies must be provided on a timely basis within the pre-construction schedule.

1.6.5 Value analysis shall be continuous.

1.6.6 The CM/GC shall conduct a value analysis study on a date agreed upon by the Project team which shall include, but not be limited to, the items noted below:

a) Develop value analysis concepts for consideration at the session noted in (b) below. This activity shall be coordinated with the Designer.

b) Brainstorming session(s) with design team and Owner.

c) Written cost studies and a pro/con evaluation shall be produced and submitted to the Owner within one (1) week of the brainstorming session.

d) Formal presentation of the written study shall be conducted by the CM/GC.

e) A formal written value analysis study document including a summary of value analysis items, applicable cost savings, selected items and their corresponding cost savings shall be presented to the Owner and Designer.

1.7 Coordination of Contract Documents

1.7.1 The CM/GC shall review the construction documents, recommending alternatives whenever the CM/GC recognizes that design details unduly affect costs, construction feasibility or schedules. The CM/GC shall notify the Designer and the Owner in writing upon recognizing any features in the construction documents, which appear to the CM/GC to be ambiguous, confusing, conflicting or erroneous.

1.7.2 The CM/GC shall provide a thorough trade coordination review of the construction documents before trade contract bidding. Review shall be performed utilizing a structured, industry-accepted process. The CM/GC shall review the final documents to see that all comments have been incorporated.

1.7.3 All ambiguous, confusing, conflicting and/or erroneous features discovered in the construction documents by the CM/GC during the review process shall be promptly reported to the Owner and Designer.

1.8 Guaranteed Maximum Price (GMP) for Construction

1.8.1 The GMP shall be established not later than the date documented in the Project schedule. If no date is scheduled, the GMP shall be established no later than thirty (30) days after final review submission of the construction documents to the Owner. The CM/GC may bid trade contracts, and/or major equipment packages, prior to establishment of the GMP at its own risk subject to Paragraph 1.10 below; however, the CM/GC shall not enter into binding contracts with trade contractors or suppliers until after the Construction Services Agreement - Guaranteed Maximum Price (CSA-GMP) is negotiated and executed. The CM/GC shall develop and provide to the Owner a GMP which shall include all construction costs, and all other projected costs including, but not limited to, the CM/GC GMP contingency, the CM/GC construction services Fee, and construction services general conditions budget. The GMP shall identify each anticipated trade contract amount, the CM/GC's fixed fee, general condition’s reimbursable costs, identifying all line items, and all Project related costs, such as bonds, personnel payroll benefits, and other costs.

1.8.2 As the drawings and specifications may not be complete at the time the GMP proposal is prepared, the CM/GC at risk may provide for a contingency as defined in Article 1.9.2 for further development of the Drawings and Specifications by the Designer that is consistent with the Contract Documents and reasonably inferable there from. Such further development does not include such things as material changes in scope, systems, kinds and quality of materials, finishes or equipment, all of which, if required, shall be incorporated by Change Order.

1.8.3 The CM/GC's detailed construction cost estimates and GMP will be reviewed by the Designer and the Owner for reasonableness and compatibility with the Project GMP target. The Owner, Designer and the CM/GC will work together to resolve questions and differences that may occur between the GMP target and the CM/GC's construction cost estimate and corresponding GMP.

1.8.4 The GMP shall not exceed the GMP target as established by the Owner.

1.8.5 In the event that the GMP exceeds the GMP target, the Owner reserves the right to direct the CM/GC to continue to provide pre-construction phase services in conjunction with the Designer’s redesign of the Project as necessary to maintain the Project program and meet the GMP target.

a) After consultation with the Owner, the CM/GC shall coordinate and cooperate with the Project team as the Designer alters and redrafts construction documents as necessary to accomplish the required reduction in cost.

Faris
Faris
Faris

Scope of Services and Deliverables State Capitol Motlow Tunnel Repairs SBC Project No. 529/005-02-2014

Page 4

b) The CM/GC shall analyze the Designer's originally submitted and as altered and redrafted construction documents, and make recommendations to the Owner as to ways and methods to reduce the costs of constructing the Project to a sum which does not exceed the GMP target.

c) The CM/GC shall develop and provide to the Owner and Designer a revised GMP in connection with the redrafted and altered construction documents.

1.8.6 Upon acceptance by the Owner of a GMP, the Owner and the CM/GC shall negotiate and execute a mutually acceptable agreement including the approved GMP as a part of the CSA-GMP. All required bonds and insurance shall be provided in accordance with the terms of the CSA-GMP, and shall be furnished on or before the date of the Owner’s execution of the CSA-GMP.

1.8.7 The CM/GC shall perform the work set forth in this section without additional compensation over and above the lump sum pre-construction fee provided in the PCSP contract.

1.8.8 All costs associated with the GMP are subject to audit at Owner’s discretion. The CM/GC shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under this contract. The Owner and the Owner's accountants or other representatives shall be afforded access to the CM/GC's records, books, correspondence, instructions, drawings, receipts, subcontracts, purchase orders, vouchers, memoranda and other data relating to this Project, and the CM/GC shall preserve these for a period of five years after final payment, or for such longer period as may be required by law. Any such audit shall be performed in accordance with generally accepted government auditing standards. Copies of such audits shall be provided to the Tennessee Comptroller of the Treasury, and the Department of Finance and Administration and shall be made available to the public.

1.9 Contingencies

1.9.1 Owner's Construction Contingency:

a) An Owner's Construction Contingency (“Owner’s Construction Contingency”) will be established. Expenditures against this contingency will be available to cover all costs resulting from modifications not specifically covered in subparagraph 1.9.2 and initiated by the Owner's designated representative and implemented through a modification to the CSA-GMP during the construction phase services.

b) The Owner’s Construction Contingency is not included in the GMP.

1.9.2 CM/GC-GMP Contingency

a) The GMP shall include a construction contingency (the “CM/GC-GMP Contingency”) in an amount approved by the Owner, to help reduce the risks assumed by the CM/GC in providing the GMP for the Project. The Owner and the CM/GC acknowledge that the contingency is included to adjust the estimate for eventualities which have not been taken into precise account in the establishment of the GMP, including, but not limited to, those resulting from

1) the construction documents not being complete at the time the GMP is established, and/or the refinement of design details within the scope of the work and the standards of quality on which the final, approved GMP was based, that were not present in, or, reasonably inferable, from the documents at the time the GMP is proposed, or, are not common industry practice in similar situations or uses;

2) Scope gaps between trade contractors,

3) unforeseen field conditions, circumstances, or other occurrences which a prudent CM/GC would not have reasonably detected or anticipated during the discharge of the CM/GC’s pre-construction duties;

4) Costs due to subcontractor or subcontracted labor disputes that impact the project;

5) CM/GC to provide written justification and relevant substantiating estimate with back-up as visual verification that the fund is being used accurately and correctly. Owner reserves the right to reject use of funds when they are inadequately justified or inaccurate.

b) The amount of the CM/GC-GMP Contingency is the maximum sum available to the CM/GC to cover costs incurred as a result of such unanticipated causes or details. Cost overruns in excess of the amount of the CM/GC- GMP Contingency will be borne by the CM/GC, unless the GMP is adjusted pursuant to the terms of the Owner- CM/GC CSA-GMP. If all of the funds in the CM/GC-GMP Contingency are expended, or, in the event the cost of the work exceeds the GMP and any adjustments as may be due under the terms of this agreement, the CM/GC shall continue to perform at no additional cost to the Owner until the work is complete. The CM/GC shall be responsible for paying all costs, in accordance with the terms of this agreement that may be necessary to complete the work, even if such amounts are in aggregate in excess of the GMP.

c) The CM/GC-GMP Contingency may be applied to any items within the cost of the work without the necessity of a modification, without constituting a change in the work, and without resulting in any change in the GMP. The CM/GC shall advise Designer and Owner in writing prior to applying a part of the CM/GC-GMP Contingency to an item within the cost of the work. Any use of the CM/GC-GMP Contingency fund requires mutual agreement by the CM/GC and Owner, which shall not be unreasonably withheld. The CM/GC shall fully document the change on its copy of the construction documents that will be used as a part of the record documents.

Faris

Scope of Services and Deliverables State Capitol Motlow Tunnel Repairs SBC Project No. 529/005-02-2014

Page 5

d) The amount of the CM/GC-GMP Contingency is to be reviewed by the Owner as part of its review of the GMP. No set amount or percentage for the CM/GC-GMP Contingency will be agreed to prior to the submittal of the GMP. The Owner retains the right to specifically request revisions to the amount of the CM/GC-GMP Contingency prior to the Owner's acceptance and approval of the GMP.

e) The CM/GC’s Contingency is not available and shall not be used for activities including, but not limited to, the following:

1) Payment of liquidated damages, reimbursement of additional consultant services due to deficient or delayed work, or similar back charges or damages from the Owner caused by the CM/GC;

2) Correction of errors, omissions, conflicts or defects in the documents that would be discoverable through reasonable review and inspection of the documents during the constructability reviews required by this contract;

3) Correction of items that are not precisely depicted on the contract drawings but are common industry practice to complete the work, in similar situations or uses;

4) Correction of take-off and/or estimating mistakes made by a subcontractor and/or supplier;

5) Any costs that are recovered by the CM/GC from insurance, sub-contractors, suppliers, or, any other source;

6) To supplement the CM/GC’s own office or field staff, beyond the levels or commitment originally agreed to, without prior written consent of the Owner;

7) Any use, regardless of meeting conditions above, that is for the sole use, benefit or convenience of the CM/GC and would not create any additional benefit or difference to the final Work than the original construction documents would have provided;

8) To reimburse CM/GC for insurance deductibles; and,

9) Correction of items, not precisely depicted, that enables work to comply with all building, health, accessibility, safety, and fire codes.

1.10 Non-Acceptance of the GMP and Termination

1.10.1 The Owner, at its sole discretion, may decline to proceed with the CM/GC's GMP for the Project or Project phase(s) and thereupon without penalty, the contract services for the Project or Project phase(s) shall terminate at the end of the pre-construction phase.

1.10.2 In any event, such termination shall likewise terminate all further services and obligations of the CM/GC for the Project or Project phase(s). The CM/GC shall accept the lump sum contract amount for PCPS as full and complete reimbursement of all costs and services performed by the CM/GC for PCPS, and shall not be entitled to any further amount for such services. Thereafter, the Owner shall have the right to continue its activities to place the Project or Project phase(s) under construction with no obligation or restriction regarding the CM/GC and with full ownership and use of any data and information developed during PCPS.

1.10.3 Termination under this section is in addition to the termination provisions set forth elsewhere in the contract, including, but not limited to, the conditions of the contract included in the CSA-GMP.

1.11 Ownership of Documents

1.11.1 All data information, material and all copies thereof developed by the CM/GC, or in the CM/GC's possession or control, relating to the Project are the property of the Owner and shall be turned over to the Owner within ten (10) days after the Owner’s request. However, the CM/GC may keep its own counterparts of executed agreements and one duplicate of its other data and documents for its own records but not for reuse.

1.12 Trade Contractor Qualification Requirements

1.12.1 The Owner and the Designer shall cooperate and participate with the CM/GC in the CM/GC’s establishment of qualification requirements for all trade contractors. Then the CM/GC shall proceed to obtain written, sealed competitive bids from qualified trade contractors.

1.12.2 Basic qualification information from principal trade contractors may be requested on AIA Document 305 (Contractor’s Qualification Statement). There may be a need to request additional Project or task specific information. The CM/GC may establish any qualification requirements that are not prohibited by law or by any specific and explicit terms of any written and published State Building Commission (SBC) policies and procedures.

1.12.3 The CM/GC shall conduct pre-bid meetings and award meetings for all trade contracts. The CM/GC shall notify the Owner and Designer of the time and place of each such meeting.

1.12.4 The CM/GC may verify any trade contract bid as hereinafter provided.

Faris
Faris
Faris

Scope of Services and Deliverables State Capitol Motlow Tunnel Repairs SBC Project No. 529/005-02-2014

Page 6

The CM/GC services shall consist of providing Construction Phase Services (“CPS”) as required herein and by the contract documents including, but not limited to, the conditions of the contract and all additional documents enumerated in Article 1 of the CSA-GMP to effect the complete construction of the Project and to maintain the established GMP of the Project.

2 CONSTRUCTION PHASE SERVICES

2.1 Consultation During Continuing Project Development

Upon acceptance of the GMP, the CM/GC shall continue to advise and assist the Owner and Designer during any continuing design activities as described in Section 1 – Pre-Construction Phase Services, but solely in its capacity as a CM/GC and general contractor, not as a design professional. Such advice and assistance is limited to issues of constructability, cost, value analysis, and scheduling. The GM/GC is not responsible for design of the Project.

2.2 Project Construction Costs

2.2.1 The CM/GC will publicly bid trade contracts in accordance with the established Project schedule. Upon completion of the award process for trade contracts, the CM/GC will summarize the values of all of the subcontracts and compare this total with the budgeted amount within the GMP cost summary. Should the value of the awarded subcontracts be less than the GMP trade contract budget, a reserve fund will be established. The sum of the CM/GC contingency and the reserve fund shall be limited to ten percent of the value of the GMP or a different percent agreed to by the Owner and the CM/GC. Any funds in excess of the ten percent cap will be deducted from the GMP by modification and added to the Owner’s Contingency. The CM/GC may utilize the reserve fund as follows:

a) There are certain uses for the CM/GC Contingency delineated in 1.9.2 above. The CM/GC can only utilize the reserve fund for these uses after the CM/GC Contingency has been expended and upon prior written approval of the Owner, which shall not be unreasonably withheld.

b) The CM/GC shall be authorized to use or allocate reserve funds for other purposes only upon mutual agreement that the purpose is appropriate to the Project and to the CSA-GMP, and only with the prior written approval of the Owner.

2.2.2 Unless otherwise provided in the contract documents to be the responsibility of the Owner, or separate contractor, the CM/GC’s construction phase services shall include team management and coordination; purchasing and procurement services; subcontract management and coordination, bid packaging; bidding; scheduling; cost controls and change order evaluation and management; periodic meetings between the Owner, CM/GC and the Designer; site coordination of Owner’s independent consultants such as testing and/or inspection; submittal process management; subcontracting; field management; safety program; post-construction phase close-out process, and warranty period services. All of these services shall be included in the CM/GC’s agreed upon fee and/or general conditions costs. This also shall include providing through itself or its subcontractors, all necessary supervision, labor, inspection, testing, start-up, material, equipment, machinery, temporary utilities, and other temporary facilities to permit the CM/GC to complete all construction of the work consistent with the construction documents.

2.2.3 Upon completion of the CM/GC’s obligations under the CSA-GMP, any and all non-expended funds remaining in the GMP will be retained by the Owner.

2.3. Project Construction Schedule

2.3.1 The CM/GC shall provide a CPM Project schedule utilizing accepted standard computer based software compatible with Primavera P6. The scheduling software shall allow for integration of all aspects of the Project and provide for coordination of all work to be performed. The scheduling software used by the CM/GC shall be capable of producing and coordinating logic developed network diagrams, and tabular format reports. The CPM Project schedule shall be prepared using the preconstruction schedule and the notice to proceed as the start, continuing until the completion of the one (1) year warranty review and completion. The observance of these requirements herein is the essential part of the work to be done, and no direct compensation will be allowed for fulfilling these requirements, as they are considered subsidiary to the work. The CM/GC shall provide an individual, the scheduler (the “Scheduler”), to create and maintain the Project schedule. Scheduler shall be proficient in CPM analysis as demonstrated through certification from Project Management Institute, Association for the Advancement of Cost Engineering, or possess sufficient experience to be able to perform required tasks utilizing the software and be able to prepare and interpret reports from the software. Scheduler shall be made available for discussion or meetings when requested. Schedule data compatible with Primavera 6 shall be provided by the CM/GC so the State may load and evaluate the schedule. The schedule shall include activities of other projects adjacent to the site, if applicable, through coordination with the Designer. Utility and infrastructure work may be involved in the project. Those activities shall be included in the schedule, highlighting coordination points with others. Proposed changes in the work shall require schedule evaluation information to aid with project decisions. Do not use negative lags, lags in excess of 10 days, start to finish relationships, open ended activities, constraints, or manually modified dates. The CM/GC shall prepare a schedule of values associated with each item within the scope. The schedule dollar value

Scope of Services and Deliverables State Capitol Motlow Tunnel Repairs SBC Project No. 529/005-02-2014

Page 7

earned for each activity in the schedule shall be used for the application for payment and cash flow predictions.

2.3.2 After acceptance of the GMP and issuance of a CSA-GMP to the CM/GC for a construction phase of the Project and within fifteen (15) days after receipt of the written Notice To Proceed with construction (NTP), the CM/GC shall submit a preliminary CPM schedule that is consistent with the preliminary schedule included in trade contract bid packages.

2.3.3 The CM/GC shall develop the complete and final CPM schedule in the form of a CPM network diagram using the CM/GC’s logic and time estimates for each segment of the work. The network diagram will be drawn in a level of detail suitable for display of salient features of the work including, but not limited to, the placing of orders for materials, submission of shop drawings for approval, approval of shop drawings by the Designer, delivery of material, and all work activities inclusive of the punch list. Each work activity shall be assigned a time estimate by the CM/GC. One-day shall be the smallest time unit used. Data shall also be provided in Gantt form.

2.3.4 Upon completion of the network diagrams, the CM/GC shall have computer input data prepared, and a computer run made to generate a printout for the Project based on the information supplied. In the event the completion date indicated by the schedule exceeds the contractual date(s), the logic and time estimates used to develop the plan will be reviewed, changes will be made in the logic and time estimates, and another computer run will be made to generate a new schedule. This procedure shall be repeated, if necessary, to provide a plan and schedule to meet the contractual date(s). All submissions shall be both in hard copy and in electronic format. CM/GC shall submit a baseline for approval. The baseline, also known as a target, becomes the benchmark against which performance is measured.

2.3.5 Within thirty (30) days after receipt of the written NTP with construction, the final CPM schedule shall be submitted to the Designer and the Owner. This working plan shall show job identification, job duration, calendar dates for start and finish of each job, and jobs critical to the completion of the Project on schedule. All schedule submittals in addition to the electronic P6 compatible native format data shall also include electronic forms including Portable Document File (“PDF”) plots of the schedule. A PDF plot defining the critical path and two-week look ahead shall be submitted in any State approved format including web portal, electronic mail, Compact Disc (“CD”) Rom, Digital Video Disc (“DVD”) Rom, or external drive, etc. Activity durations are created in whole workdays with a maximum of twenty (20) workdays. Durations greater than twenty (20) workdays may be used for non-construction activities with prior Owner approval.

2.3.6 The CM/GC shall review the plan and schedule each month. An updated Project schedule shall be furnished showing actual completed work at the end of each month in respect to the entire Project.

2.3.7 The CM/GC shall provide regular monitoring of the schedule as construction progresses, identify potential variances between scheduled and desired completion dates, review schedule for work not started or incomplete and take the action necessary to meet the required completion date.

2.3.8 Adherence to Schedule:

a) It is the CM/GC’s responsibility to meet the required construction completion date(s) as modified pursuant to Article 8 of the conditions of the contract.

b) If the CM/GC finds that the schedule is likely to be impacted by an action or inaction on the part of the Owner, the CM/GC must review the situation with the Designer and the Owner in a timely manner, and proceed in accordance with the conditions of the contract.

2.3.9 Total Float (“TF”) shall be defined as the number of days from the late finish date (“LFD”) to the early finish date (“EFD”) of an activity. When the LFD is later than the EFD, the total float shall be positive. When the LFD and the EFD are the same, the total float shall be zero. When the LFD is earlier than the EFD, the total float shall be negative. Unless otherwise specified, all references to float shall mean Total Float.

Time extensions shall be granted only to the extent that equitable adjustments for the activity or activities affected exceed or exceeded the total or remaining float along the critical path or activities at the time of the actual delay. The critical path is defined as the longest continuous series of activities through the network to a contract milestone or to contract completion. Where the path to a specific milestone has become negative the critical path shall be the longest continuous chain of activities with the greatest amount of negative float. Float is not for the exclusive use or benefit of either the State or the CM/GC, but is an expiring resource available to all parties, acting in good faith, as needed to meet any contract milestone(s). Time extensions shall not be granted until a delay occurs that is:

a) Beyond the control of and without fault of or negligence of the CM/GC; and

b) Extends the actual performance of the work beyond any milestone(s).

Faris

Scope of Services and Deliverables State Capitol Motlow Tunnel Repairs SBC Project No. 529/005-02-2014

Page 8

2.3.10 CM/GC acknowledges and agrees that the late finish of activities shall never exceed:

a) Finish milestones;

b) Substantial Completion;

c) Final Completion; and,

d) Contract end date.

2.4 Trade Contracts

2.4.1 The CM/GC shall prepare trade contract packages as required. Contracts between the CM/GC and trade contractors shall be in accordance with the conditions of the contract, and shall be procured in accordance with the SBC policies and procedures for bidding of public contracts (this document can be accessed at http://www.tn.gov/finance/OSA/documents/SBCPolicyMASTER.pdf

2.4.2 After the CM/GC has developed qualifications for trade contractors, the CM/GC shall invite and receive bids for all qualified contractors for each package. The CM/GC shall publicly open the bids and then tabulate the bids received on each package. Next, the CM/GC shall determine the apparent low bidder for each package. Upon this determination, the CM/GC shall have the right to review all bid documentation from the apparent low bid contractor to verify the scope of the bid. If the CM/GC’s review shows that the low bidder fully accounted for all costs associated with the scope of the work on which it was bidding, and the low bidder fully and strictly satisfies all qualification criteria and requirements established pursuant to subparagraph 1.12.2, then the contract shall be awarded to the low bidder as a subcontractor. If, however, the CM/GC’s review shows that the low bidder failed to account for all costs associated with the scope of the work on which it was bidding or the low bidder is not in full and strict compliance with all qualification criteria and requirements established pursuant to subparagraph 1.12, then the bid may be disqualified with the approval of the Owner, which shall not be unreasonably withheld. The CM/GC shall have the right as outlined above to verify the scope and qualifications of each low bidder in the same manner to determine the lowest verified bid from a qualified bidder.

or a hard copy can be requested through the Owner), and documents enumerated in Article I of the CSA-GMP.

2.4.3 The CM/GC may repeat the bidding for a trade contract only if:

a) the initial bidding produces no responsible, responsive bid for that portion of the work;

b) no responsible, responsive bidder for that portion of the work will execute the subcontract form included in the bid package without material alterations; or,

c) the Owner approves of such a re-bid, which approval shall not be unreasonably withheld.

2.4.4 All contract documents between the CM/GC and the trade contractors shall be made available for review by the Designer and the Owner.

2.4.5 Trade contracts are not to include contingencies. All construction contingency is to be included in the CM/GC- GMP Contingency.

2.5 Long Lead Time Items

2.5.1 The CM/GC shall recommend to the Owner and Designer a schedule for procurement of long-lead time items and/or activities that will constitute part of the work as required to meet the project schedule. Procurement of long- lead time items shall be considered a part of the services covered under the construction phase contract.

2.6 Project Control

2.6.1 Project Staffing

a) The CM/GC’s on-site representatives shall coordinate the work of the trade contractors and any pre-purchased major equipment suppliers and coordinate the work with the activities and responsibilities of the Owner, Designer and CM/GC to complete the Project in accordance with the CSA-GMP requirements.

b) The CM/GC shall maintain a competent and adequate full-time staff at the Project site to coordinate and provide adequate direction of the work, and to monitor progress of the trade contractors on the Project at all times.

c) The on-site CM/GC representatives will remain on the job and in responsible charge as long as those persons remain employed by the CM/GC, unless the Owner has reason to agree otherwise during the course of the Project.

d) Wages or salaries of the CM/GC’s supervisory and administrative personnel, when stationed at the site, with the Owner’s written approval shall be in accordance with the following. No CM/GC personnel stationed at the CM/GC’s home office or branch office shall be charged to the cost of the work. Non-field office based CM/GC management and support personnel shall be expected to provide service and advice from time to time throughout

Scope of Services and Deliverables State Capitol Motlow Tunnel Repairs SBC Project No. 529/005-02-2014

Page 9

the Project. Their time, devoted to Project matters, is considered to be covered by and included in the CM/GC fee.

2.6.2 Meetings

a) The CM/GC shall schedule and conduct regular progress meetings with trade contractors as conditions on the Project require. The CM/GC shall conduct bi-weekly Owner’s meetings and other meetings as may be required, at which trade contractors, Owner, Designer, and other designated representatives, and the CM/GC can discuss jointly such matters as identified in the Owner’s Designers’ Manual under Administrative Procedures, Chapter 6, paragraph 6.07 Progress Meetings. Bi-weekly Owner’s meetings shall be recorded and copies of the recordings shall be promptly made available to the Owner.

b) The CM/GC shall take and distribute complete minutes of meetings to all attendees, and to the Designer and Owner even if not attending, within three (3) days of such meetings. Representatives of the Owner and Designer may attend meetings and shall in any case receive all notices and minutes of meetings.

2.6.3 The CM/GC may self perform Project work to assist with the coordination of trade contracts and minor Project facilitation. The CM/GC, its subsidiaries and/or its associates, shall not perform trade contract work. The maximum percent of the GMP that the CM/GC, its subsidiaries and/or its associates, can self perform shall be three percent (3%).

2.7 Requests for Information (“RFI”)

2.7.1 The CM/GC will be responsible for developing and implementing a RFI form for use on the Project.

2.7.2 The CM/GC will be responsible for logging and reviewing all RFIs prior to submission to the Designer. The CM/GC is to ensure that the RFIs submitted are not frivolous.

2.7.3 The CM/GC shall track and monitor all RFIs throughout the Construction Phase in a timely manner until they are processed by the Designer.

2.7.4 All responses to the RFIs that have an added cost impact shall also be discussed with the Designer and the Owner.

2.7.5 The CM/GC shall develop an RFI aging report which is to be submitted at each progress meeting.

2.8 Substitution Requests

2.8.1 The CM/GC shall log all substitution requests.

2.8.2 The CM/GC shall review all substitution requests to ensure that they are complete; and, if not complete, return them to the trade contractor for proper submission.

2.8.3 The CM/GC shall not submit a substitution request to the Designer if CM/GC believes it to be inappropriate. The CM/GC’s review of substitution requests will be solely in its capacity as a CM/GC and general contractor, not as a design professional. Such review shall be in accordance with the contract documents enumerated in Article 1 of the CSA-GMP.

2.8.4 The CM/GC shall track and monitor all substitution requests throughout the construction phase until all substitution requests are processed by the Designer. The CM/GC shall ensure that all substitution requests are submitted in accordance with the contract documents.

2.8.5 The CM/GC shall include substitution requests, if any, on the agenda at the progress meetings.

2.9 Project Photographs

2.9.1 The CM/GC shall submit progress photographs monthly in sufficient detail to properly record the work.

2.10 Cost Control

2.10.1 The CM/GC shall develop and maintain an effective system of Project cost tracking and contro

l.

2.10.2 The CM/GC shall maintain cost accounting records on authorized work performed under unit costs, actual costs for labor and material, or other bases requiring accounting records, and afford the Designer and the Owner access to these records and preserve them in accordance with Paragraph D.10 of the PCSP contract.

2.11 Quality Control / Inspection

2.11.1 The CM/GC shall perform quality control inspections on the work of the trade contractors to guard the Owner against defects and deficiencies in the work and shall coordinate this activity with the on-site duties of the Designer.

Scope of Services and Deliverables State Capitol Motlow Tunnel Repairs SBC Project No. 529/005-02-2014

Page 10

CM/GC shall advise the Designer of any apparent variation and deviation from the contract documents and shall take the necessary action to cause such variations and deviations from the contract documents to be corrected. CM/GC shall provide one set of all inspection reports (in binder form) as part of the bi-weekly job progress meetings. CM/GC quality control begins during the construction document phase and continues until the completion of the one (1) year warranty verification and completion.

2.11.2 The Owner reserves the right to independently contract for compliance inspection and testing.

2.11.3 The CM/GC shall track deficiencies reported by the Designer, as well as those noted in item 2.10.1. and any items reported by the Owner’s independently contracted inspection and testing as described in 2.11.2

2.11.4 The CM/GC shalll anticipate details not precisely depicted that make the ongoing and completed work comply with building, health, accessibility, safety, and fire codes, etc.

2.12 Project Safety

2.12.1 The CM/GC shall develop and implement a Project safety program in accordance with the conditions of the contract and applicable regulations.

2.12.2 It is understood that the Owner requires a safe work environment. A safe work environment is considered part of this agreement. No safety incentives shall be part of this agreement without the prior written approval of the Owner. If the CM/GC wishes to provide safety incentives, he may do so at his own cost.

2.12.3 The CM/GC shall document any safety violations it discovers and actions taken to protect the safety of persons and property engaged in the work.

2.13 Modifications and Change in GMP

2.13.1 Changes in the scope of work to be performed during the construction phase shall be governed by the conditions of the contract.

2.13.2 The CM/GC shall develop and implement a system for review, negotiation, and processing of proposed modifications that is consistent and compatible with the contract documents; and shall, with complete supporting data, recommend necessary changes to the Owner and the Designer for approval.

2.13.3 Modification proposals will consist of actual costs only; that is, trade contractors’ change order proposals and general conditions items, if applicable, only. No additional CM/GC fee shall be assessed for Owner requested modifications to the work of the Project until such modifications aggregate to a sum in excess of five percent (5%) of the Project original GMP. Project original GMP is defined as the GMP for the total overall project in its entirety, including all fast tracked activities and/or pre-purchased items.

2.13.4 All actual net costs associated with scope reductions shall revert to the Owner in accordance with the conditions of the contract.

2.13.5 At such time as the modifications exceed five percent (5%) of the GMP, the CM/GC fee used shall be the lower of the rates stated in Paragraph 7.3 of the general conditions, or, the fee applied to the actual original GMP.

2.14 Shop Drawing Review/Processing

2.14.1 The CM/GC will be responsible for logging all shop drawings / submittals prior to submission to the Designer. The CM/GC is to ensure that shop drawing / submittal packages are submitted in accordance with the contract documents and, if not appropriately submitted, return them to the trade contractor for proper submission.

2.14.2 The CM/GC shall develop and implement a system for review, acceptance or rejection, and processing of all shop drawings / submittals, including the projected lead time on the CPM schedule; and shall review this system with the Designer.

2.14.3 The CM/GC shall be responsible for tracking and monitoring all shop drawings/submittals throughout the construction phase until all shop drawings/submittals have been approved by the Designer.

2.14.4 The CM/GC shall include shop drawings as an agenda item on all progress meetings.

2.14.5 The CM/GC shall develop a shop drawings/submittal aging report which is to be submitted at each bi-weekly progress meeting.

2.15 Document Control

2.15.1 The CM/GC shall devise, implement and maintain at the Project site, a structured document control system which includes and tracks records of all necessary contracts, RFI’s, shop drawings, samples, purchases, materials, equipment, maintenance and operating manuals and instructions, and any other documents and revisions thereto which arise out of the contract; and, shall keep these documents readily available to the Designer and the Owner any

Scope of Services and Deliverables State Capitol Motlow Tunnel Repairs SBC Project No. 529/005-02-2014

Page 11

time during the performance of this contract.

2.16 Reports

2.16.1 General

a) The CM/GC shall keep accurate and detailed written records of Project progress during all stages of construction.

b) The CM/GC shall submit a monthly progress report, bound in booklet form, to the Designer and the Owner to include a progress report on the status of construction, updated copies of all logs including pending action items log, RFI log, modification status log, submittals log, an updated construction schedule, updated contract time and GMP status, and progress photographs.

2.16.2 Daily Diary

The CM/GC shall maintain a detailed daily diary of all events, which occur at the jobsite or elsewhere, and which affect, or may be expected to affect, Project progress. The diary shall record, as applicable, weather data, including minimum and maximum temperatures, precipitation type and amount, sky conditions, and wind velocities, and be used to support the standard weather delay report. The diary shall include a detailed list of all material deliveries to the site and describe the construction activities of the day along with manpower and equipment usage, including that of the trade contractors. The diary shall be available to the Designer and Owner at all times and shall be turned over to the Owner upon completion of the contract.

2.17 Bidding Documents

2.17.1 The following bidding requirements, contract forms, conditions of the contract, and general requirements shall be a part of the CSA-GMP and, in all cases in these documents:

a) The contract documents including AIA Document A201-1997 General Conditions of the Contract for Construction and Supplementary Conditions as enumerated in Article 1 of the CSA-GMP, herein collectively referred to as Conditions of the Contract. b) Wage Rate Determination(s), if applicable - from the Tennessee Department of Labor and Workforce Development, applicable to the portions of the Work performed by the CM/GC and applicable to portions of the Work performed by the CM/GC’s trade contractors regardless of the number of subcontract tiers between the CM/GC and the worker. c) Standard bidding and construction documents that are applicable to the CM/GC’s work are identified in Article 1 of the CSA-GMP.

d) Bid openings shall be conducted in the presence of the Owner following SBC policy.

  • RFP CM GC 529 005 02 2014 State Capitol Motlow Tunnel Repairs 1 21 15.pdf
    • REQUEST FOR PROPOSALS
    • Construction Manager / General Contractor
    • For the Project Titled:
    • STATE OF TENNESSEE
    • Department of General Services
      • REQUEST FOR PROPOSALS
      • for
      • Construction Manager / General Contractor
      • For the Project Titled:
      • State Capitol Motlow Tunnel Repairs
    • Attachment A: Attestation re Personnel Used in Contract Performance
    • Attachment B: Pre-Construction Services Payment Schedule
    • Section B – CM/GC Construction Services Percent Fee
    • Section C – CM/GC Construction Services General Conditions Monthly Rate
    • Section D – CM/GC Construction Services General Conditions Lump Sum Costs
      • Contact’s Name: ________________________________Title:
      • Phone: ____________________________ E-mail:
      • Project Title:
      • Project or Contract Number:
      • Project Location (City, State)
      • Start Date: __________________________________Completion Date:
      • Program/ Agency Name (if applicable):
      • Cost Range for the Example Project: $ ( Thousand ( Million
    • Brief description of the project scope and service(s) provided:
    • Pro Forma Master Contract and Contract Attachments
    • Attachment A: Attestation re Personnel Used in Contract Performance
    • Attachment B: Pre-Construction Services Payment Schedule
  • RFP and Attachments CM GC 529 005 02 2014 State Capitol Motlow Tunnel Repairs 1.23.2015
    • RFP CM GC 529 005 02 2014 State Capitol Motlow Tunnel Repairs 1 21 15.pdf
      • REQUEST FOR PROPOSALS
      • Construction Manager / General Contractor
      • For the Project Titled:
      • STATE OF TENNESSEE
      • Department of General Services
        • REQUEST FOR PROPOSALS
        • for
        • Construction Manager / General Contractor
        • For the Project Titled:
        • State Capitol Motlow Tunnel Repairs
      • Attachment A: Attestation re Personnel Used in Contract Performance
      • Attachment B: Pre-Construction Services Payment Schedule
      • Section B – CM/GC Construction Services Percent Fee
      • Section C – CM/GC Construction Services General Conditions Monthly Rate
      • Section D – CM/GC Construction Services General Conditions Lump Sum Costs
        • Contact’s Name: ________________________________Title:
        • Phone: ____________________________ E-mail:
        • Project Title:
        • Project or Contract Number:
        • Project Location (City, State)
        • Start Date: __________________________________Completion Date:
        • Program/ Agency Name (if applicable):
        • Cost Range for the Example Project: $ ( Thousand ( Million
      • Brief description of the project scope and service(s) provided:
      • Pro Forma Master Contract and Contract Attachments
      • Attachment A: Attestation re Personnel Used in Contract Performance
      • Attachment B: Pre-Construction Services Payment Schedule
    • RFP and Attachments CM GC 529 005 02 2014 State Capitol Motlow Tunnel Repairs
      • RFP CM GC 529 005 02 2014 State Capitol Motlow Tunnel Repairs 1 21 15.pdf
        • REQUEST FOR PROPOSALS
        • Construction Manager / General Contractor
        • For the Project Titled:
        • STATE OF TENNESSEE
        • Department of General Services
          • REQUEST FOR PROPOSALS
          • for
          • Construction Manager / General Contractor
          • For the Project Titled:
          • State Capitol Motlow Tunnel Repairs
        • Attachment A: Attestation re Personnel Used in Contract Performance
        • Attachment B: Pre-Construction Services Payment Schedule
        • Section B – CM/GC Construction Services Percent Fee
        • Section C – CM/GC Construction Services General Conditions Monthly Rate
        • Section D – CM/GC Construction Services General Conditions Lump Sum Costs
          • Contact’s Name: ________________________________Title:
          • Phone: ____________________________ E-mail:
          • Project Title:
          • Project or Contract Number:
          • Project Location (City, State)
          • Start Date: __________________________________Completion Date:
          • Program/ Agency Name (if applicable):
          • Cost Range for the Example Project: $ ( Thousand ( Million
        • Brief description of the project scope and service(s) provided:
        • Pro Forma Master Contract and Contract Attachments
        • Attachment A: Attestation re Personnel Used in Contract Performance
        • Attachment B: Pre-Construction Services Payment Schedule
      • RFP and Attachments CM GC 529 005 02 2014 State Capitol Motlow Tunnel Repairs
        • RFP CM GC 529 005 02 2014 State Capitol Motlow Tunnel Repairs 1 21 15.pdf
          • REQUEST FOR PROPOSALS
          • Construction Manager / General Contractor
          • For the Project Titled:
          • STATE OF TENNESSEE
          • Department of General Services
            • REQUEST FOR PROPOSALS
            • for
            • Construction Manager / General Contractor
            • For the Project Titled:
            • State Capitol Motlow Tunnel Repairs
          • Attachment A: Attestation re Personnel Used in Contract Performance
          • Attachment B: Pre-Construction Services Payment Schedule
          • Section B – CM/GC Construction Services Percent Fee
          • Section C – CM/GC Construction Services General Conditions Monthly Rate
          • Section D – CM/GC Construction Services General Conditions Lump Sum Costs
            • Contact’s Name: ________________________________Title:
            • Phone: ____________________________ E-mail:
            • Project Title:
            • Project or Contract Number:
            • Project Location (City, State)
            • Start Date: __________________________________Completion Date:
            • Program/ Agency Name (if applicable):
            • Cost Range for the Example Project: $ ( Thousand ( Million
          • Brief description of the project scope and service(s) provided:
          • Pro Forma Master Contract and Contract Attachments
          • Attachment A: Attestation re Personnel Used in Contract Performance
          • Attachment B: Pre-Construction Services Payment Schedule
        • RFP and Attachments CM GC 529 005 02 2014 State Capitol Motlow Tunnel Repairs
          • RFP CM GC 529 005 02 2014 State Capitol Motlow Tunnel Repairs 1 21 15.pdf
            • REQUEST FOR PROPOSALS
            • Construction Manager / General Contractor
            • For the Project Titled:
            • STATE OF TENNESSEE
            • Department of General Services
              • REQUEST FOR PROPOSALS
              • for
              • Construction Manager / General Contractor
              • For the Project Titled:
              • State Capitol Motlow Tunnel Repairs
            • Attachment A: Attestation re Personnel Used in Contract Performance
            • Attachment B: Pre-Construction Services Payment Schedule
            • Section B – CM/GC Construction Services Percent Fee
            • Section C – CM/GC Construction Services General Conditions Monthly Rate
            • Section D – CM/GC Construction Services General Conditions Lump Sum Costs
              • Contact’s Name: ________________________________Title:
              • Phone: ____________________________ E-mail:
              • Project Title:
              • Project or Contract Number:
              • Project Location (City, State)
              • Start Date: __________________________________Completion Date:
              • Program/ Agency Name (if applicable):
              • Cost Range for the Example Project: $ ( Thousand ( Million
            • Brief description of the project scope and service(s) provided:
            • Pro Forma Master Contract and Contract Attachments
            • Attachment A: Attestation re Personnel Used in Contract Performance
            • Attachment B: Pre-Construction Services Payment Schedule
          • RFP and Attachments CM GC 529 005 02 2014 State Capitol Motlow Tunnel Repairs
            • RFP CM GC 529 005 02 2014 State Capitol Motlow Tunnel Repairs 1 21 15.pdf
              • REQUEST FOR PROPOSALS
              • Construction Manager / General Contractor
              • For the Project Titled:
              • STATE OF TENNESSEE
              • Department of General Services
                • REQUEST FOR PROPOSALS
                • for
                • Construction Manager / General Contractor
                • For the Project Titled:
                • State Capitol Motlow Tunnel Repairs
              • Attachment A: Attestation re Personnel Used in Contract Performance
              • Attachment B: Pre-Construction Services Payment Schedule
              • Section B – CM/GC Construction Services Percent Fee
              • Section C – CM/GC Construction Services General Conditions Monthly Rate
              • Section D – CM/GC Construction Services General Conditions Lump Sum Costs
                • Contact’s Name: ________________________________Title:
                • Phone: ____________________________ E-mail:
                • Project Title:
                • Project or Contract Number:
                • Project Location (City, State)
                • Start Date: __________________________________Completion Date:
                • Program/ Agency Name (if applicable):
                • Cost Range for the Example Project: $ ( Thousand ( Million
              • Brief description of the project scope and service(s) provided:
              • Pro Forma Master Contract and Contract Attachments
              • Attachment A: Attestation re Personnel Used in Contract Performance
              • Attachment B: Pre-Construction Services Payment Schedule
            • RFP CM GC Attachments 529 005 02 2014 State Capitol Motlow Tunnel Repairs
              • CM GC Master Contract 1.21.15.pdf
              • CM-GC GMP Contract 1.21.15
                • Attachment C.pdf
                • CM-GC GMP Contract 1.21.15
              • Attachments Contract Bond AIA and Scope
                • Attachments.pdf
                  • 140-001-03-2012 CMGC RFP Upgrade Emergency Power Systems Final 12.10.14.pdf
                    • REQUEST FOR PROPOSALS
                    • Construction Manager / General Contractor
                    • For the Project Titled:
                    • STATE OF TENNESSEE
                    • Department of General Services
                      • REQUEST FOR PROPOSALS
                      • for
                      • Construction Manager / General Contractor
                      • For the Project Titled:
                      • Upgrade Emergency Power Systems
                    • Attachment A: Attestation re Personnel Used in Contract Performance
                    • Attachment B: Pre-Construction Services Payment Schedule
                    • Section B – CM/GC Construction Services Percent Fee
                    • Section C – CM/GC Construction Services General Conditions Monthly Rate
                    • Section D – CM/GC Construction Services General Conditions Lump Sum Costs
                      • Contact’s Name: ________________________________Title:
                      • Phone: ____________________________ E-mail:
                      • Project Title:
                      • Project or Contract Number:
                      • Project Location (City, State)
                      • Start Date: __________________________________Completion Date:
                      • Program/ Agency Name (if applicable):
                      • Cost Range for the Example Project: $ ( Thousand ( Million
                    • Brief description of the project scope and service(s) provided:
                    • Pro Forma Master Contract and Contract Attachments
                    • Attachment A: Attestation re Personnel Used in Contract Performance
                    • Attachment B: Pre-Construction Services Payment Schedule
                  • CM GC RFP and Attachments SBC Project No. 140 001 03 2012
                    • 140-001-03-2012 CMGC RFP Upgrade Emergency Power Systems Final 12 8 14.pdf
                      • REQUEST FOR PROPOSALS
                      • Construction Manager / General Contractor
                      • For the Project Titled:
                      • STATE OF TENNESSEE
                      • Department of General Services
                        • REQUEST FOR PROPOSALS
                        • for
                        • Construction Manager / General Contractor
                        • For the Project Titled:
                        • Upgrade Emergency Power Systems
                      • Attachment A: Attestation re Personnel Used in Contract Performance
                      • Attachment B: Pre-Construction Services Payment Schedule
                      • Section B – CM/GC Construction Services Percent Fee
                      • Section C – CM/GC Construction Services General Conditions Monthly Rate
                      • Section D – CM/GC Construction Services General Conditions Lump Sum Costs
                        • Contact’s Name: ________________________________Title:
                        • Phone: ____________________________ E-mail:
                        • Project Title:
                        • Project or Contract Number:
                        • Project Location (City, State)
                        • Start Date: __________________________________Completion Date:
                        • Program/ Agency Name (if applicable):
                        • Cost Range for the Example Project: $ ( Thousand ( Million
                      • Brief description of the project scope and service(s) provided:
                      • Pro Forma Master Contract and Contract Attachments
                      • Attachment A: Attestation re Personnel Used in Contract Performance
                      • Attachment B: Pre-Construction Services Payment Schedule
                    • CM GC RFP and Attachments SBC Project No. 140 001 03 2012
                      • 140-001-03-2012 CMGC RFP Upgrade Emergency Power Systems Final 12 8 14.pdf
                        • REQUEST FOR PROPOSALS
                        • Construction Manager / General Contractor
                        • For the Project Titled:
                        • STATE OF TENNESSEE
                        • Department of General Services
                          • REQUEST FOR PROPOSALS
                          • for
                          • Construction Manager / General Contractor
                          • For the Project Titled:
                          • Upgrade Emergency Power Systems
                        • Attachment A: Attestation re Personnel Used in Contract Performance
                        • Attachment B: Pre-Construction Services Payment Schedule
                        • Section B – CM/GC Construction Services Percent Fee
                        • Section C – CM/GC Construction Services General Conditions Monthly Rate
                        • Section D – CM/GC Construction Services General Conditions Lump Sum Costs
                          • Contact’s Name: ________________________________Title:
                          • Phone: ____________________________ E-mail:
                          • Project Title:
                          • Project or Contract Number:
                          • Project Location (City, State)
                          • Start Date: __________________________________Completion Date:
                          • Program/ Agency Name (if applicable):
                          • Cost Range for the Example Project: $ ( Thousand ( Million
                        • Brief description of the project scope and service(s) provided:
                        • Pro Forma Master Contract and Contract Attachments
                        • Attachment A: Attestation re Personnel Used in Contract Performance
                        • Attachment B: Pre-Construction Services Payment Schedule
                      • CM GC RFP and Attachments SBC Project No. 140 001 03 2012 12.8.14
                        • 140-001-03-2012 CMGC RFP Upgrade Emergency Power Systems Final 12 8 14.pdf
                          • REQUEST FOR PROPOSALS
                          • Construction Manager / General Contractor
                          • For the Project Titled:
                          • STATE OF TENNESSEE
                          • Department of General Services
                            • REQUEST FOR PROPOSALS
                            • for
                            • Construction Manager / General Contractor
                            • For the Project Titled:
                            • Upgrade Emergency Power Systems
                          • Attachment A: Attestation re Personnel Used in Contract Performance
                          • Attachment B: Pre-Construction Services Payment Schedule
                          • Section B – CM/GC Construction Services Percent Fee
                          • Section C – CM/GC Construction Services General Conditions Monthly Rate
                          • Section D – CM/GC Construction Services General Conditions Lump Sum Costs
                            • Contact’s Name: ________________________________Title:
                            • Phone: ____________________________ E-mail:
                            • Project Title:
                            • Project or Contract Number:
                            • Project Location (City, State)
                            • Start Date: __________________________________Completion Date:
                            • Program/ Agency Name (if applicable):
                            • Cost Range for the Example Project: $ ( Thousand ( Million
                          • Brief description of the project scope and service(s) provided:
                          • Pro Forma Master Contract and Contract Attachments
                          • Attachment A: Attestation re Personnel Used in Contract Performance
                          • Attachment B: Pre-Construction Services Payment Schedule
                        • CM GC RFP Upgrade Emergency Power System with attachments
                          • CM GC RFP Upgrade Emergency Power System with attachments.pdf
                          • CM GC RFP Upgrade Emergency Power Systems 2 of 2
                • Scope of Services and Deliverables 1 15 15
                  • 1.1 Project Review
                  • 1.1.2 The CM/GC shall meet with the Owner, the Designer and any other design team members to gain a full understanding of the program, the design documents, the Project scope and all other aspects of the Project.
                  • 1.1.3 The CM/GC is an integral part of the Project team that will coordinate the development and progress of the pre-construction and construction phases.
                  • 1.1.4 The CM/GC may develop written Project procedures, in cooperation with the Owner and the Designer, that will augment the Owner’s Designers’ Manual, as necessary, to be used as a guide for the management and coordination of this Project.
                  • 1.2 Consultation During Project Development
                  • 1.2.1 The CM/GC shall attend regularly scheduled meetings with the Designer and consultants during the design phase established by the contract between the Owner and the Designer, to advise them on matters relating to site use, improvements, selection...
                  • a) Identify, minimize and eliminate areas of conflict, errors, omission, and overlapping of the Work to be performed by the various subcontractors.
                  • b) Endeavor to minimize cost and value engineer where appropriate to meet budgets or other Owner needs. Verify basis of design and value-engineering alternatives are compatible for the use and purpose necessary to meet or exceed the designed intent.
                  • c) Allow for phased and/or fast track bid packages as may be required.
                  • By the nature of the CM/GC at risk delivery method, the CM/GC agrees and accepts greater responsibility for coordination and review of the contract documents than may be uncovered through a normal hard bid contract. This obligation is in addition to ...
                  • The CM/GC shall not be called upon to provide advice on legal issues or to engage in the practice of architecture or engineering. The CM/GC’s review of design documents is solely in its capacity as a CM/GC and general contractor, not as a design prof...
                  • 1.3 Schedule
                  • 1.3.1 The CM/GC in consultation with the Designer shall prepare, provide, and maintain appropriately detailed pre-construction phase Critical Path Method (“CPM”) schedules utilizing the same standard software that will later be used to develop the Pro...
                  • 1.3.2 The Project schedule shall be sufficiently detailed to allow for a realistic projection of design activity sequences and durations. Updated schedules will be required at the end of the Construction Design phase established by the contract betwe...
                  • 1.3.3 Within twenty (20) days from the execution of the PCPS contract, the CM/GC is to establish a detailed CPM schedule of the pre-construction phase with the concurrence of the Owner and the Designer. The CM/GC is responsible to monitor this schedu...
                  • 1.4 Constructability Review
                  • 1.4.1 CM/GC shall review the design documents during the pre-construction phase as to constructability. The review shall be conducted and reported following “Uniformat.” With respect to each such issue, the CM/GC shall submit a written report to bot...
                  • a) A description of the constructability issue with background information;
                  • b) a summary of the CM/GC’s in-depth study/research including a description of the degree that the design/construction documents have been reviewed; and,
                  • c) written recommendations for addressing the issue.
                  • 1.4.2 The CM/GC shall promptly notify the Owner and Designer in writing upon recognizing any features in the design documents that appear to the CM/GC to be ambiguous, confusing, conflicting or erroneous.
                  • 1.5 Construction Cost Model / Estimates
                  • 1.5.1 The CM/GC shall develop a Project Construction Cost Model/Estimate (“CCME”) that shall be independent from any similar estimate of probable construction cost required of the Designer and shall be updated as needed, but at a minimum at the end of...
                  • 1.5.2 At Owner’s cost, the Owner may request an independent confirming estimate at any phase, or, may request that an independent review of the CM/GC’s detailed estimate be made to generally confirm quantities, costs, or rates shown.
                  • 1.5.3 Each CCME must contain a statement of the total amount determined to be the total construction costs for the Project, including alternates, CM/GC construction services general conditions budget, CM/GC construction services fixed fee, and CM/GC c...
                  • 1.5.4 The Maximum Allowable Construction Cost (“MACC”) is the amount available for construction: GMP target as established by the Owner plus the Owner’s construction contingency. The GMP Target shall include the amount available for construction, the ...
                  • 1.5.5 Each CCME and the Designer’s estimate of probable construction cost will be reviewed by the Designer and the Owner for reasonableness and compatibility with the GMP target. The Owner, Designer and the CM/GC will work together to resolve questio...
                  • 1.5.6 In the event that the Designer’s or the CM/GC’s estimate of probable construction cost exceeds the GMP target, the Owner may direct the CM/GC to continue to provide its pre-construction phase services in conjunction with the Designer’s redesign ...
                  • 1.6 Value Analysis
                  • 1.6.1 The CM/GC shall, after a complete review of the Project program, review the design documents available at the time of the CM/GC’s commencement of PCPS, and obtain an understanding of the intent of the Owner and the Designer, provide an initial v...
                  • 1.6.2 Value analysis efforts are intended to facilitate a design by the Designer that is effective in first costs as well as long term operational costs relative to issues of energy use and facility maintainability. Value analysis studies shall inclu...
                  • 1.6.3 Value analysis efforts shall take into consideration applicable constructability issues.
                  • 1.6.4 All value analysis studies must be provided on a timely basis within the pre-construction schedule.
                  • 1.6.5 Value analysis shall be continuous.
                  • 1.6.6 The CM/GC shall conduct a value analysis study on a date agreed upon by the Project team which shall include, but not be limited to, the items noted below:
                  • a) Develop value analysis concepts for consideration at the session noted in (b) below. This activity shall be coordinated with the Designer.
                  • b) Brainstorming session(s) with design team and Owner.
                  • c) Written cost studies and a pro/con evaluation shall be produced and submitted to the Owner within one (1) week of the brainstorming session.
                  • d) Formal presentation of the written study shall be conducted by the CM/GC.
                  • e) A formal written value analysis study document including a summary of value analysis items, applicable cost savings, selected items and their corresponding cost savings shall be presented to the Owner and Designer.
                  • 1.7 Coordination of Contract Documents
                  • 1.7.1 The CM/GC shall review the construction documents, recommending alternatives whenever the CM/GC recognizes that design details unduly affect costs, construction feasibility or schedules. The CM/GC shall notify the Designer and the Owner in writ...
                  • 1.7.2 The CM/GC shall provide a thorough trade coordination review of the construction documents before trade contract bidding. Review shall be performed utilizing a structured, industry-accepted process. The CM/GC shall review the final documents to...
                  • 1.7.3 All ambiguous, confusing, conflicting and/or erroneous features discovered in the construction documents by the CM/GC during the review process shall be promptly reported to the Owner and Designer.
                  • 1.8 Guaranteed Maximum Price (GMP) for Construction
                  • 1.8.1 The GMP shall be established not later than the date documented in the Project schedule. If no date is scheduled, the GMP shall be established no later than thirty (30) days after final review submission of the construction documents to the Own...
                  • 1.8.2 As the drawings and specifications may not be complete at the time the GMP proposal is prepared, the CM/GC at risk may provide for a contingency as defined in Article 1.9.2 for further development of the Drawings and Specifications by the Design...
                  • 1.8.3 The CM/GC's detailed construction cost estimates and GMP will be reviewed by the Designer and the Owner for reasonableness and compatibility with the Project GMP target. The Owner, Designer and the CM/GC will work together to resolve questions ...
                  • 1.8.4 The GMP shall not exceed the GMP target as established by the Owner.
                  • 1.8.5 In the event that the GMP exceeds the GMP target, the Owner reserves the right to direct the CM/GC to continue to provide pre-construction phase services in conjunction with the Designer’s redesign of the Project as necessary to maintain the Pro...
                  • a) After consultation with the Owner, the CM/GC shall coordinate and cooperate with the Project team as the Designer alters and redrafts construction documents as necessary to accomplish the required reduction in cost.
                  • b) The CM/GC shall analyze the Designer's originally submitted and as altered and redrafted construction documents, and make recommendations to the Owner as to ways and methods to reduce the costs of constructing the Project to a sum which does not ex...
                  • c) The CM/GC shall develop and provide to the Owner and Designer a revised GMP in connection with the redrafted and altered construction documents.
                  • 1.8.6 Upon acceptance by the Owner of a GMP, the Owner and the CM/GC shall negotiate and execute a mutually acceptable agreement including the approved GMP as a part of the CSA-GMP. All required bonds and insurance shall be provided in accordance wit...
                  • 1.8.7 The CM/GC shall perform the work set forth in this section without additional compensation over and above the lump sum pre-construction fee provided in the PCSP contract.
                  • 1.9 Contingencies
                  • 1.9.1 Owner's Construction Contingency:
                  • a) An Owner's Construction Contingency (“Owner’s Construction Contingency”) will be established. Expenditures against this contingency will be available to cover all costs resulting from modifications not specifically covered in subparagraph 1.9.2 an...
                  • b) The Owner’s Construction Contingency is not included in the GMP.
                  • 1.9.2 CM/GC-GMP Contingency
                  • a) The GMP shall include a construction contingency (the “CM/GC-GMP Contingency”) in an amount approved by the Owner, to help reduce the risks assumed by the CM/GC in providing the GMP for the Project. The Owner and the CM/GC acknowledge that the con...
                  • 1) the construction documents not being complete at the time the GMP is established, and/or the refinement of design details within the scope of the work and the standards of quality on which the final, approved GMP was based, that were not present in...
                  • 2) Scope gaps between trade contractors,
                  • 3) unforeseen field conditions, circumstances, or other occurrences which a prudent CM/GC would not have reasonably detected or anticipated during the discharge of the CM/GC’s pre-construction duties;
                  • 4) Costs due to subcontractor or subcontracted labor disputes that impact the project;
                  • 5) CM/GC to provide written justification and relevant substantiating estimate with back-up as visual verification that the fund is being used accurately and correctly. Owner reserves the right to reject use of funds when they are inadequately justif...
                  • b) The amount of the CM/GC-GMP Contingency is the maximum sum available to the CM/GC to cover costs incurred as a result of such unanticipated causes or details. Cost overruns in excess of the amount of the CM/GC-GMP Contingency will be borne by the C...
                  • c) The CM/GC-GMP Contingency may be applied to any items within the cost of the work without the necessity of a modification, without constituting a change in the work, and without resulting in any change in the GMP. The CM/GC shall advise Designer a...
                  • d) The amount of the CM/GC-GMP Contingency is to be reviewed by the Owner as part of its review of the GMP. No set amount or percentage for the CM/GC-GMP Contingency will be agreed to prior to the submittal of the GMP. The Owner retains the right to...
                  • e) The CM/GC’s Contingency is not available and shall not be used for activities including, but not limited to, the following:
                  • 1) Payment of liquidated damages, reimbursement of additional consultant services due to deficient or delayed work, or similar back charges or damages from the Owner caused by the CM/GC;
                  • 2) Correction of errors, omissions, conflicts or defects in the documents that would be discoverable through reasonable review and inspection of the documents during the constructability reviews required by this contract;
                  • 3) Correction of items that are not precisely depicted on the contract drawings but are common industry practice to complete the work, in similar situations or uses;
                  • 4) Correction of take-off and/or estimating mistakes made by a subcontractor and/or supplier;
                  • 5) Any costs that are recovered by the CM/GC from insurance, sub-contractors, suppliers, or, any other source;
                  • 6) To supplement the CM/GC’s own office or field staff, beyond the levels or commitment originally agreed to, without prior written consent of the Owner;
                  • 7) Any use, regardless of meeting conditions above, that is for the sole use, benefit or convenience of the CM/GC and would not create any additional benefit or difference to the final Work than the original construction documents would have provided;
                  • 8) To reimburse CM/GC for insurance deductibles; and,
                  • 9) Correction of items, not precisely depicted, that enables work to comply with all building, health, accessibility, safety, and fire codes.
                  • 1.10 Non-Acceptance of the GMP and Termination
                  • 1.10.1 The Owner, at its sole discretion, may decline to proceed with the CM/GC's GMP for the Project or Project phase(s) and thereupon without penalty, the contract services for the Project or Project phase(s) shall terminate at the end of the pre-co...
                  • 1.10.2 In any event, such termination shall likewise terminate all further services and obligations of the CM/GC for the Project or Project phase(s). The CM/GC shall accept the lump sum contract amount for PCPS as full and complete reimbursement of a...
                  • 1.10.3 Termination under this section is in addition to the termination provisions set forth elsewhere in the contract, including, but not limited to, the conditions of the contract included in the CSA-GMP.
                  • 1.11 Ownership of Documents
                  • 1.11.1 All data information, material and all copies thereof developed by the CM/GC, or in the CM/GC's possession or control, relating to the Project are the property of the Owner and shall be turned over to the Owner within ten (10) days after the Ow...
                  • 1.12 Trade Contractor Qualification Requirements
                  • 1.12.1 The Owner and the Designer shall cooperate and participate with the CM/GC in the CM/GC’s establishment of qualification requirements for all trade contractors. Then the CM/GC shall proceed to obtain written, sealed competitive bids from qualifi...
                  • 1.12.2 Basic qualification information from principal trade contractors may be requested on AIA Document 305 (Contractor’s Qualification Statement). There may be a need to request additional Project or task specific information. The CM/GC may establ...
                  • 1.12.3 The CM/GC shall conduct pre-bid meetings and award meetings for all trade contracts. The CM/GC shall notify the Owner and Designer of the time and place of each such meeting.
                  • 1.12.4 The CM/GC may verify any trade contract bid as hereinafter provided.
                  • U2 CONSTRUCTION PHASE SERVICES
                  • The CM/GC services shall consist of providing Construction Phase Services (“CPS”) as required herein and by the contract documents including, but not limited to, the conditions of the contract and all additional documents enumerated in Article 1 of th...
                  • 2.1 Consultation During Continuing Project Development
                  • Upon acceptance of the GMP, the CM/GC shall continue to advise and assist the Owner and Designer during any continuing design activities as described in Section 1 – Pre-Construction Phase Services, but solely in its capacity as a CM/GC and general con...
                  • 2.2 Project Construction Costs
                  • 2.2.1 The CM/GC will publicly bid trade contracts in accordance with the established Project schedule. Upon completion of the award process for trade contracts, the CM/GC will summarize the values of all of the subcontracts and compare this total wit...
                  • a) There are certain uses for the CM/GC Contingency delineated in 1.9.2 above. The CM/GC can only utilize the reserve fund for these uses after the CM/GC Contingency has been expended and upon prior written approval of the Owner, which shall not be u...
                  • b) The CM/GC shall be authorized to use or allocate reserve funds for other purposes only upon mutual agreement that the purpose is appropriate to the Project and to the CSA-GMP, and only with the prior written approval of the Owner.
                  • 2.2.2 Unless otherwise provided in the contract documents to be the responsibility of the Owner, or separate contractor, the CM/GC’s construction phase services shall include team management and coordination; purchasing and procurement services; subc...
                  • 2.2.3 Upon completion of the CM/GC’s obligations under the CSA-GMP, any and all non-expended funds remaining in the GMP will be retained by the Owner.
                  • 2.3. Project Construction Schedule
                  • 2.3.1 The CM/GC shall provide a CPM Project schedule utilizing accepted standard computer based software compatible with Primavera P6. The scheduling software shall allow for integration of all aspects of the Project and provide for coordination of a...
                  • 2.3.2 After acceptance of the GMP and issuance of a CSA-GMP to the CM/GC for a construction phase of the Project and within fifteen (15) days after receipt of the written Notice To Proceed with construction (NTP), the CM/GC shall submit a preliminary ...
                  • 2.3.3 The CM/GC shall develop the complete and final CPM schedule in the form of a CPM network diagram using the CM/GC’s logic and time estimates for each segment of the work. The network diagram will be drawn in a level of detail suitable for displa...
                  • 2.3.4 Upon completion of the network diagrams, the CM/GC shall have computer input data prepared, and a computer run made to generate a printout for the Project based on the information supplied. In the event the completion date indicated by the sche...
                  • 2.3.5 Within thirty (30) days after receipt of the written NTP with construction, the final CPM schedule shall be submitted to the Designer and the Owner. This working plan shall show job identification, job duration, calendar dates for start and fin...
                  • 2.3.6 The CM/GC shall review the plan and schedule each month. An updated Project schedule shall be furnished showing actual completed work at the end of each month in respect to the entire Project.
                  • 2.3.7 The CM/GC shall provide regular monitoring of the schedule as construction progresses, identify potential variances between scheduled and desired completion dates, review schedule for work not started or incomplete and take the action necessary ...
                  • 2.3.8 Adherence to Schedule:
                  • a) It is the CM/GC’s responsibility to meet the required construction completion date(s) as modified pursuant to Article 8 of the conditions of the contract.
                  • b) If the CM/GC finds that the schedule is likely to be impacted by an action or inaction on the part of the Owner, the CM/GC must review the situation with the Designer and the Owner in a timely manner, and proceed in accordance with the conditions o...
                  • 2.4 Trade Contracts
                  • 2.4.1 The CM/GC shall prepare trade contract packages as required. Contracts between the CM/GC and trade contractors shall be in accordance with the conditions of the contract, and shall be procured in accordance with the SBC policies and procedures ...
                  • 2.4.2 After the CM/GC has developed qualifications for trade contractors, the CM/GC shall invite and receive bids for all qualified contractors for each package. The CM/GC shall publicly open the bids and then tabulate the bids received on each packa...
                  • 2.4.3 The CM/GC may repeat the bidding for a trade contract only if:
                  • a) the initial bidding produces no responsible, responsive bid for that portion of the work;
                  • b) no responsible, responsive bidder for that portion of the work will execute the subcontract form included in the bid package without material alterations; or,
                  • c) the Owner approves of such a re-bid, which approval shall not be unreasonably withheld.
                  • 2.4.4 All contract documents between the CM/GC and the trade contractors shall be made available for review by the Designer and the Owner.
                  • 2.4.5 Trade contracts are not to include contingencies. All construction contingency is to be included in the CM/GC-GMP Contingency.
                  • 2.5 Long Lead Time Items
                  • 2.5.1 The CM/GC shall recommend to the Owner and Designer a schedule for procurement of long-lead time items and/or activities that will constitute part of the work as required to meet the project schedule. Procurement of long-lead time items shall b...
                  • 2.6 Project Control
                  • 2.6.1 Project Staffing
                  • a) The CM/GC’s on-site representatives shall coordinate the work of the trade contractors and any pre-purchased major equipment suppliers and coordinate the work with the activities and responsibilities of the Owner, Designer and CM/GC to complete the...
                  • b) The CM/GC shall maintain a competent and adequate full-time staff at the Project site to coordinate and provide adequate direction of the work, and to monitor progress of the trade contractors on the Project at all times.
                  • c) The on-site CM/GC representatives will remain on the job and in responsible charge as long as those persons remain employed by the CM/GC, unless the Owner has reason to agree otherwise during the course of the Project.
                  • d) Wages or salaries of the CM/GC’s supervisory and administrative personnel, when stationed at the site, with the Owner’s written approval shall be in accordance with the following. No CM/GC personnel stationed at the CM/GC’s home office or branch o...
                  • 2.6.2 Meetings
                  • a) The CM/GC shall schedule and conduct regular progress meetings with trade contractors as conditions on the Project require. The CM/GC shall conduct bi-weekly Owner’s meetings and other meetings as may be required, at which trade contractors, Owner...
                  • b) The CM/GC shall take and distribute complete minutes of meetings to all attendees, and to the Designer and Owner even if not attending, within three (3) days of such meetings. Representatives of the Owner and Designer may attend meetings and shall...
                  • 2.6.3 The CM/GC may self perform Project work to assist with the coordination of trade contracts and minor Project facilitation. The CM/GC, its subsidiaries and/or its associates, shall not perform trade contract work. The maximum percent of the GMP ...
                  • 2.7 Requests for Information (“RFI”)
                  • 2.7.1 The CM/GC will be responsible for developing and implementing a RFI form for use on the Project.
                  • 2.7.2 The CM/GC will be responsible for logging and reviewing all RFIs prior to submission to the Designer. The CM/GC is to ensure that the RFIs submitted are not frivolous.
                  • 2.7.3 The CM/GC shall track and monitor all RFIs throughout the Construction Phase in a timely manner until they are processed by the Designer.
                  • 2.7.4 All responses to the RFIs that have an added cost impact shall also be discussed with the Designer and the Owner.
                  • 2.7.5 The CM/GC shall develop an RFI aging report which is to be submitted at each progress meeting.
                  • 2.8 Substitution Requests
                  • 2.8.1 The CM/GC shall log all substitution requests.
                  • 2.8.2 The CM/GC shall review all substitution requests to ensure that they are complete; and, if not complete, return them to the trade contractor for proper submission.
                  • 2.8.3 The CM/GC shall not submit a substitution request to the Designer if CM/GC believes it to be inappropriate. The CM/GC’s review of substitution requests will be solely in its capacity as a CM/GC and general contractor, not as a design profession...
                  • 2.8.4 The CM/GC shall track and monitor all substitution requests throughout the construction phase until all substitution requests are processed by the Designer. The CM/GC shall ensure that all substitution requests are submitted in accordance with ...
                  • 2.8.5 The CM/GC shall include substitution requests, if any, on the agenda at the progress meetings.
                  • 2.9 Project Photographs
                  • 2.9.1 The CM/GC shall submit progress photographs monthly in sufficient detail to properly record the work.
                  • 2.10 Cost Control
                  • 2.10.1 The CM/GC shall develop and maintain an effective system of Project cost tracking and contro
                  • l.
                  • 2.10.2 The CM/GC shall maintain cost accounting records on authorized work performed under unit costs, actual costs for labor and material, or other bases requiring accounting records, and afford the Designer and the Owner access to these records and ...
                  • 2.11 Quality Control / Inspection
                  • 2.11.1 The CM/GC shall perform quality control inspections on the work of the trade contractors to guard the Owner against defects and deficiencies in the work and shall coordinate this activity with the on-site duties of the Designer. CM/GC shall ad...
                  • 2.11.2 The Owner reserves the right to independently contract for compliance inspection and testing.
                  • 2.11.3 The CM/GC shall track deficiencies reported by the Designer, as well as those noted in item 2.10.1. and any items reported by the Owner’s independently contracted inspection and testing as described in 2.11.2
                  • 2.11.4 The CM/GC shalll anticipate details not precisely depicted that make the ongoing and completed work comply with building, health, accessibility, safety, and fire codes, etc.
                  • 2.12 Project Safety
                  • 2.12.1 The CM/GC shall develop and implement a Project safety program in accordance with the conditions of the contract and applicable regulations.
                  • 2.12.2 It is understood that the Owner requires a safe work environment. A safe work environment is considered part of this agreement. No safety incentives shall be part of this agreement without the prior written approval of the Owner. If the CM/G...
                  • 2.12.3 The CM/GC shall document any safety violations it discovers and actions taken to protect the safety of persons and property engaged in the work.
                  • 2.13 Modifications and Change in GMP
                  • 2.13.1 Changes in the scope of work to be performed during the construction phase shall be governed by the conditions of the contract.
                  • 2.13.2 The CM/GC shall develop and implement a system for review, negotiation, and processing of proposed modifications that is consistent and compatible with the contract documents; and shall, with complete supporting data, recommend necessary change...
                  • 2.13.3 Modification proposals will consist of actual costs only; that is, trade contractors’ change order proposals and general conditions items, if applicable, only. No additional CM/GC fee shall be assessed for Owner requested modifications to the ...
                  • 2.13.4 All actual net costs associated with scope reductions shall revert to the Owner in accordance with the conditions of the contract.
                  • 2.13.5 At such time as the modifications exceed five percent (5%) of the GMP, the CM/GC fee used shall be the lower of the rates stated in Paragraph 7.3 of the general conditions, or, the fee applied to the actual original GMP.
                  • 2.14 Shop Drawing Review/Processing
                  • 2.14.1 The CM/GC will be responsible for logging all shop drawings / submittals prior to submission to the Designer. The CM/GC is to ensure that shop drawing / submittal packages are submitted in accordance with the contract documents and, if not app...
                  • 2.14.2 The CM/GC shall develop and implement a system for review, acceptance or rejection, and processing of all shop drawings / submittals, including the projected lead time on the CPM schedule; and shall review this system with the Designer.
                  • 2.14.3 The CM/GC shall be responsible for tracking and monitoring all shop drawings/submittals throughout the construction phase until all shop drawings/submittals have been approved by the Designer.
                  • 2.14.4 The CM/GC shall include shop drawings as an agenda item on all progress meetings.
                  • 2.14.5 The CM/GC shall develop a shop drawings/submittal aging report which is to be submitted at each bi-weekly progress meeting.
                  • 2.15 Document Control
                  • 2.15.1 The CM/GC shall devise, implement and maintain at the Project site, a structured document control system which includes and tracks records of all necessary contracts, RFI’s, shop drawings, samples, purchases, materials, equipment, maintenance a...
                  • 2.16 Reports
                  • 2.16.1 General
                  • a) The CM/GC shall keep accurate and detailed written records of Project progress during all stages of construction.
                  • b) The CM/GC shall submit a monthly progress report, bound in booklet form, to the Designer and the Owner to include a progress report on the status of construction, updated copies of all logs including pending action items log, RFI log, modification ...
                  • 2.16.2 Daily Diary
                  • The CM/GC shall maintain a detailed daily diary of all events, which occur at the jobsite or elsewhere, and which affect, or may be expected to affect, Project progress. The diary shall record, as applicable, weather data, including minimum and maxim...
                  • 2.17 Bidding Documents
                  • 2.17.1 The following bidding requirements, contract forms, conditions of the contract, and general requirements shall be a part of the CSA-GMP and, in all cases in these documents:
                  • a) The contract documents including AIA Document A201-1997 General Conditions of the Contract for Construction and Supplementary Conditions as enumerated in Article 1 of the CSA-GMP, herein collectively referred to as Conditions of the Contract.
                  • b) Wage Rate Determination(s), if applicable - from the Tennessee Department of Labor and Workforce Development, applicable to the portions of the Work performed by the CM/GC and applicable to portions of the Work performed by the CM/GC’s trade contra...
                  • c) Standard bidding and construction documents that are applicable to the CM/GC’s work are identified in Article 1 of the CSA-GMP.
                  • d) Bid openings shall be conducted in the presence of the Owner following SBC policy.