Request for Proposals RFP-102-26.pdf

COMMONWEALTH OF KENTUCKY

DEPARTMENT FOR FACILITIES AND SUPPORT SERVICES

DIVISION OF ENGINEERING AND CONTRACT ADMINISTRATION

REQUEST FOR PROPOSAL

REQUEST NUMBER: RFP-785-2600000119

PROPOSAL FOR:

Construction Manager/General Contractor Services

EKCC Façade/Structure Repair and HVAC Replacement West Liberty, Kentucky

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Table of Contents

1.0 Definitions

2.0 General Overview

2.1 Intent and Scope

2.2 Project Description

2.3 Initial Planning Documents

2.4 Schedule and Phasing

2.5 Consultant (Architect/Engineer) Team

2.6 Project Scope and Budget

2.7 Desired Construction Manager Areas of Experience and Expertise

2.8 Offeror Communication and Restrictions on Communications between Owner/Agency, Consultant and

Selection Committee Members

3.0 Proposal Process and Requirements

3.0.1 Responses to RFP will be received in two Parts

3.0.2 Key Event Dates

3.1 Proposal Process: Request for Proposals for Construction Manager/General Contractor Services Part

3.1.1 Pre-Proposal Site Visit Prior to Part 1 of this RFP

3.1.2 Preparation of Offers – Part 1

3.1.3 Written Questions – Part 1

3.1.4 Addenda to RFP – Part 1

3.1.5 Proposal Submission and Deadline – Part 1

3.2 Proposal Process: Request for Proposals for Construction Manager/General Contractor Services Part

3.2.1 Preparation of Offers – Part 2

3.2.2 Written Questions – Part 2

3.2.3 Instructions by Purchasing Officer (Addenda to RFP) – Part 2

3.2.4 Offeror Oral Presentations – Part 2

3.2.5 Proposed Deviations from the Request for Proposal – Part 2

3.3 Offeror Response and Proprietary Information

3.4 Cost of Preparing Proposal

3.5 Disposition of Proposals

3.6 Section Titles in the RFP

3.7 No Contingent Fees

3.8 Proposal Addenda and Rules for Withdrawal

4.0 Proposal Format and Content

4.1 Proposal Information and Criteria – Part 1

4.1.1 “Technical Qualifications Proposal”

4.1.2 “Fee Proposal”

4.1.3 Signed Authentication of Proposal and Statements of Non-Collusion and Non-Conflict of

Interest Forms

4.1.4 Transmittal Letter

4.1.5 Executive Summary and Proposal Overview

4.1.6 Criteria 1 – Offeror’s Qualifications

4.1.7 Criteria 2 – Offeror’s Project Team Qualifications

4.1.8 Criteria 3 – CM/GC Services Defined

4.1.9 Criteria 4 –Other Additional Information

4.2 Proposal Information and Criteria – Part 2

4.2.1 “Technical Qualifications” to be presented in Oral Presentations - Part 2

4.2.2 Minimum information required in Oral Presentations – Part 2

4.2.3 Transmittal Letter

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4.2.4 Criteria 1 – Executive Summary and Proposal Overview

4.2.5 Criteria 2 – CM/GC’s Personnel Chart

4.2.6 Criteria 3 – CM/GC’s Project Construction Schedule

4.2.7 Criteria 4 – Project Specific Methodology/ CM/GC’s Management Plan

4.2.8 Criteria 5 – Trade Contractors Selection/ Award Methodology

4.2.9 Criteria 6 – Other Additional Information

4.2.10 Criteria 7 – Oral Presentation/ Interview

5.0 Evaluation Criteria Process

5.1 Makeup of Selection Committee

5.2 Multi- Part Process

5.2.1 Part 1 of Evaluation

5.2.1.1 Evaluation of Technical Qualifications – Part 1

5.2.1.2 Fee Proposal Evaluation – Part 1

5.2.1.3 Cumulative Scoring – Part 1

5.2.2 Part 2 of Evaluation

5.2.2.1 Evaluation of Technical Qualifications as Presented – Part 2

5.2.2.2 Fee Proposal Scoring Carry Forward – Part 2

5.2.2.3 Cumulative Scoring – Part 2

5.2.2.4 Determination of Successful Offeror – Part 2

5.3 Evaluation Process Scoring

5.3.1 Part 1 Evaluation Process Scoring

5.3.2 Part 2 Evaluation Process Scoring

6.0 Pre-Construction Services

7.0 Construction Phase Services

8.0 Post Construction Phase Services

9.0 Supplemental Conditions

9.1 Compliance with State Laws

9.2 Bonding

9.3 Competitive Negotiation

9.4 Appearance before Committee

9.5 Acceptance or Rejection and Award of Proposal

9.6 Construction Manager/General Contractor Cooperation in Related Efforts

9.7 Modification or Withdrawal of Offer

9.8 Rejection

9.9 Construction Manager/General Contractor Responsibility

9.10 Attorney Fees

9.11 Patents, Copyrights and Trademark

9.12 Method of Award

9.13 Preliminary Project Schedule

10.0 Fee Offer Summary Form

10.1 Lump Sum Proposal for Pre-Construction Services

10.2 Lump Sum Proposal for Construction Services

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ATTACHMENTS

• Attachment “A1” – Project Description and Summary

• Attachment “A2” – Drawings and Specifications

• Attachment “B1” – General Conditions – CM/GC

• Attachment “B2” - Supplementary Special Conditions

• Attachment “C” – Example Contract Agreement Between the Owner and Construction Manager/General Contractor

• Attachment “D” - Vendor Self Service (VSS) INSTRUCTIONS FOR ELECTRONIC SUBMISSION

• Attachment “E” –Affidavits

• Attachment “F” – Background Check Form

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1.0 DEFINITIONS

The term "addenda" means written or graphic instructions issued by the Commonwealth of Kentucky prior to the receipt of Proposals that modify or interpret the Request for Proposal documents by addition, deletions, clarification, or corrections.

The term "competitive negotiations" means the method authorized in the Kentucky Revised Statutes, Chapter 45A.085.

The terms "offer" or “proposal” means the Offeror(s) response to this Request for Proposal.

The term "Offeror" or “Respondent” means the entity or Construction Manager/General Contractor submitting proposal.

The terms “Owner” and “Commonwealth” mean the Commonwealth of Kentucky. The agent representing the Commonwealth is the Division of Engineering and Contract Administration, Department of Facilities and Support Services, Finance and Administration Cabinet (DECA).

The term "Construction Manager" or “Construction Manager/General Contractor (CM/GC) means the person or entity who will or has entered into a contract with the Owner that assumes the risk for construction of the project for a lump sum services fee. The CM/GC will be responsible for establishing a contracted full cost of the work by soliciting Bid Package Proposals from Trade Contractors. The CM/GC shall execute and hold all Construction Trade Contracts and Purchase Orders for the Project. The CM/GC will be responsible for and manage the various Trade Contractors similar to that of a general contractor during the construction period. The CM/GC will also provide consultation and collaboration regarding the construction during and after design of the project.

The term “Consultant” or Architect/Engineer (A/E) will be the Owner's representative during construction and until the work is complete. The Consultant will advise and consult with the Owner. The Owner's instructions to the Construction Manager may be forwarded through the Consultant.

The term “Design Team” is a composite of representatives of the Owner, Using Agency, and Consultant. The roles of each member of the Design Team, individually or collectively, are defined and outlined elsewhere in this RFP, in the Agreement between Owner and Architect/Engineer, in the Agreement between Owner and Construction Manager/General Contractor and/or in the General Conditions and Special Conditions (see EXHIBIT).

The term "Purchasing Agency" means the Commonwealth of Kentucky, Division of Engineering and Contract Administration, 403 Wapping Street, Frankfort, Kentucky 40601-2638.

The term "Purchasing Official" or “Purchasing Officer” means the contracting representative appointed by the Division of Engineering and Contract Administration of the Department of Facilities and Support Services of the Finance and Administration Cabinet.

The term "Responsible Offeror" means a person, company, or corporation who has the capability in all respects to perform fully the contract requirements and the integrity and reliability that will assure good faith performance.

The term "solicitation" means Request for Proposal (RFP).

The term “DECA” means the Division of Engineering and Contract Administration. DECA is represented on this project by its employees and assigned Construction Specialists.

The term “Agency” means: Kentucky Finance Cabinet.

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2.0 GENERAL OVERVIEW

2.1 Intent and Scope

The Commonwealth of Kentucky, represented by the Division of Engineering and Contract Administration (DECA), Department for Facilities and Support Services, Finance and Administration Cabinet is seeking the services of an experienced and highly qualified Construction Manager/General Contractor firm to provide construction management and general contractor services on the proposed project.

The Division of Engineering and Contract Administration reserves the option to increase the scope of services noted under this RFP pending receipt of additional funding to proceed with implementation, design and construction of future Phases and other improvements. Additional Work previously noted may commence upon receipt of available funds.

The Construction Manager/General Contractor (CM/GC) selected will become a responsible, cooperative and contributing member of the Owner’s professional team for the design review and construction of the project. The CM/GC will provide assistance and advice and provide management services to the Owner, Using Agency and Consultants to assure the project is completed within the defined budget, program and schedule.

Execution of the project as indicated in the exhibits will be implemented in multiple bid packs staged to take advantage of fast-tracking and/or phasing of the construction to meet the overall project schedule. The decision to fast-track or phase construction will be a joint decision by the A/E, the CM/GC and the Owner.

The Owner intends to contract with the CM/GC for design phase services (Pre-Construction Services) and the construction phase services (Construction Services). This work will consist of the performance of specific work requirements outlined in this Request for Proposals at each design sub-phase (as the design progresses to allow for early release of Bid Packages) including constructability reviews, reconciliation of bid package pricing, construction schedules, etc. The specific work requirements to be performed will be on the basis of the indicated documents prepared by the Architect/Engineer. The Owner reserves the right to make a determination to proceed with the Construction or not, as the best interest of the Commonwealth dictates. The CM/GC shall perform the required Pre- Construction Services and shall prepare various cost estimates, constructability reviews and each of the Bid Packages, established in the process outlined in this Request for Proposals.

The CM/GC will develop and issue the multiple Bid Packages. The issuance of each bid package(s) will be scheduled as the project design progresses. The Construction Packages may include, but are not limited to: Site grading, Site Concrete, Structural Steel, Thermal and Moisture Protection, Insulated Metal Wall Panels, Doors and Hardware, Architectural Finishes, Fabricated Control Booths, Casework, Hydronic Elevators, Mechanical (HVAC and Plumbing), Electrical, and other packaged scopes of work deemed necessary for the completion of the project.

Construction Work may be performed by the CM/GC or its affiliates upon prior approval by DECA and in compliance with the provisions of KRS 45A.183

1. Pre-Construction Services includes but are not limited to:

a. Cost Estimating

b. Sequencing / Scheduling / Phasing Work

c. Coordination with Design Teams / Owner / Agency Groups

d. Constructability Review

e. BIM Review for Coordination

f. Coordination with Design Team

g. Develop Bid Packages

h. Bidding

i. Review Subcontractor Qualifications Criteria

j. Subcontracting with Trade Contractors

2. Construction includes but is not limited to:

a. Phasing / Sequencing / Coordination and Management of Trades

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b. Site Logistics

c. Scheduling

d. BIM Coordination for Trade Work Installation

e. Request for Information

f. Proposal Request Response

g. Construction Cost Tracking

h. Coordination of Utilities

i. Coordination of HBC / Electrical / Mechanical Inspections

j. Coordination with Commissioning Authority (by Owner)

k. Coordination with Testing & Balancing (by Owner)

l. Job Progress Meetings

m. Owner / Agency Coordination

n. Quality Assurance

o. Maintenance of As-Built Documents

p. Closeout Documents / Warranties

q. Owner Training / Operation & Maintenance Manuals

r. Site Restoration & Cleanup

s. Warranty tracking and coordination for trades

2.2 Project Description

The Commonwealth of Kentucky through the Finance & Administration Cabinet, Division of Engineering (DECA) is seeking Construction Manager/General Contractor (CM/GC) services for renovations to the Eastern Kentucky Correctional Complex, West Liberty, Kentucky. Refer to attachments for additional details.

NOTICE: The Agency and the Commonwealth have elected to utilize Construction Manager/General Contractor method of construction delivery as an Alternative Delivery Method, in lieu of the conventional Design-Bid-Build method. All Applicable Laws, Statues, Administrative Regulations and Cabinet Procedures shall be applicable.

The CM/GC submitting a proposal to provide these services must provide information in their proposal that proves their ability to meet or exceed the schedule for this project.

The design team for this project is led by Kesler Simpson Architects, LLC. Additional team members included in Section 2.5.

The CM/GC duties include, but are not limited to, cost estimation & analysis, design constructability reviews, value engineering, preparation/bidding of bid packages, contracting with various trade contractors, scheduling, providing general requirements for construction as well as acting as a Construction Manager/General Contractor during construction.

The CM/GC shall provide critical path scheduling for work of all trades to accomplish Substantial and Final Completion dates. This schedule shall also include commissioning, functional testing, and Testing, Adjusting and Balancing (TAB) requirements by providing adequate time to perform the necessary work of those tasks within the Substantial Completion timeframe. The CM/GC must have the experience, capability and staffing to be able to complete the project on schedule and in compliance with all Agency security requirements. The CM/GC must also have the experience and capability to expedite design review, construction and efficient project phasing. Given current market conditions of materials and delivery lead times, the CM/GC will need to be aware of current market conditions and be able to respond appropriately for the project budget and construction timeframe.

The DECA Procedures Manual, Latest Edition, will be referenced to provide detailed information concerning specific requirements of the Responsibilities for each entity that is a part of this project.

2.3 Initial Planning Documents

The Initial Planning Documents prepared by the Architect/Engineer prior to the release of this Request for Proposals have been attached as : Attachment “A1” – Project Description and Summary, Attachment “A2” – Drawings and

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Specifications, and provide additional information pertaining to the project description. These documents describe, in general terms, the scope and intent of the project included in this RFP, but are not intended to be the final version of the design and full intent of the Project included in this RFP. The design team members to date are listed in Section 2.5

2.4 Schedule / Phasing

The following schedule is preliminary based on the Agreement between the Owner and Architect/Engineer. Once the Construction Manager/General Contractor Firm is determined by this Request for Proposals and the Agreement between Owner and Construction Manager/General Contractor is executed, the schedule may be modified by mutual consent of all parties:

Phase A: Schematic Phase: Completed March 2025

Phase B: Design Development: Completed September 2025

Phase C: Construction Documents: Target Completion February 2026

Final Completion: TBD (Target Q2 2029)

2.5 Design (Consultant) (Architect/Engineer) Team:

The Design Team consists of the following entities:

• Kesler Simpson Architects LLC (Architects)

• N3D Group – Consulting Engineers (Mechanical, Electrical, Plumbing)

• Brown + Kubican, PSC (Structural Engineering)

• Element Design (Site Engineering & Landscape Architecture)

• Paladin (Commissioning Authority)

2.6 Project Scope/Budget

See Attachment A1 - Project Description and Summary and Attachment A2 – Drawings and Specifications. This project has a construction budget of $132,370,000:

EKCC FAÇADE/STRUCTURAL REPAIR REPLACE - 527-CBSJ-EK32-00 $69,600,000.

EKCC HVAC REPLACEMENT - 527-CBSN-EK33-00 $62,770,000.

Total $132,370,000.

2.7 Desired Construction Manager/General Contractor Areas of Experience and Expertise

NOTICE: The successful CM/GC firm will be required to manage and coordinate all construction activities in conjunction with all owner activities on site.

NOTICE: The successful CM/GC will have direct experience with scheduling, managing, and coordinating phased construction work, issuing early bid packages and enabling construction projects. It is anticipated that certain trade packages associated with the construction of enabling projects and other long lead items will be released for bidding and construction early, which will be performed concurrently and in sequence or at a short-term future date.

The successful CM/GC firm will have direct experience in the construction of facilities similar to the facility intended by this project. This experience will preferably be with facilities of the same or similar scope as outlined in the project description in this RFP.

The successful CM/GC firm will have direct experience with providing Constructability Reviews, Scheduling, Value Engineering, Project Site Staging Management, Cost Estimating, and Materials Evaluation during the Project design process and will be well-versed in the use of Construction Phase BIM Coordination.

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The successful CM/GC firm will have the professional expertise to provide Construction Process Services, Construction Scheduling and Control, Project Site Staging Control, Trade Contractor Contracting and Management.

“Direct experience” refers to project construction management and/or general contractor experience on similar projects, by the persons who the CM/GC indicates will be directly involved in this project. It is incumbent upon the CM/GC to provide clear information about the credentials and personal experience of its key team members;

experience by a firm is meaningless if the specific team member was not personally involved in a particular project in a meaningful way. This information should be presented so that it is clearly understood by the selection committee members.

2.8 Offeror Communication and Restrictions on Communications between Owner/Agency, Consultant, and Selection Committee Members

The Commonwealth is requesting all potential offerors immediately email the information below to Pam.Cantrell@ky.gov and copy Amanda.Greer@ky.gov:

• Name of primary contact

• Telephone number of primary contact

• E-mail address of primary contact

• Additional contact persons with same information provided as primary contact

All communication, outside the information above, with Agency/Owner, Design Team and/or Selection Committee regarding this RFP and related project information shall be directed ONLY to the Purchasing Officer Amanda Greer.

From the issue date of this RFP until a Construction Manager/General Contractor is selected and a contract award is made, Offerors are not allowed to communicate about the subject of this RFP with any person other than the Purchasing Officer, including, but not limited to, other DECA staff, Using Agency staff, Consultant, technical advisers to the Selection Committee or any member of the Selection Committee.

NOTICE: During Part 1 and Part 2 of this Request for Proposals all potential respondents and all Short-Listed respondent firms are strictly prohibited from any direct communication related to this project with anyone involved in this project except as listed above.

If violation of the provisions of this paragraph 2.6 occurs, the Owner reserves the right to reject the proposal of the Offeror during either Part 1 or Part 2 of this Request for Proposals process.

Information received that is in any way contrary to the current provisions of this written RFP will be issued as a written Addendum to this RFP or shall be considered unofficial information and not binding on the Commonwealth in the execution of the Agreement between Owner and Construction Manager/General Contractor that may result from this Request for Proposals.

3.0 PROPOSAL PROCESS AND REQUIREMENTS:

3.0.1 Reponses to RFP will be received in two parts

The Request for Proposals under this solicitation will be issued in two parts. Part 1 is the process for submission of written Technical Qualifications and a “Fee Proposal” (A sum of the Pre-Construction fee and Construction Services fee) will result in the Short Listing of the three respondents receiving the most points. Part 2 is the process for oral presentations, resulting in the selection of the successful Construction Manager/General Contractor Firm from the Short-Listed firms identified in Part 1. The Request for Proposals is not completed until all the Part 1 and Part 2 processes are completed in their entirety. No information received by the Commonwealth is subject to Open Records until both parts of this RFP are completed and an Agreement is executed between the Owner and the successful CM/GC Offeror.

mailto:Pam.Cantrell@ky.gov mailto:Amanda.Greer@ky.gov

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3.0.2 Key Event Dates

Part 1 Release of RFP October 17, 2025 Background Check Information Deadline October 29, 20205, 4:00 PM ET (access will not be permitted for those not received by this date) Pre-Proposal Site Visit Part 1: November 5, 2025, 9:00 AM ET Deadline for Written Questions Part 1: November 7, 2025, 4:00 PM ET *Final Date for issuance of Addenda Part 1: November 14, 2025 Part 1 RFP Proposals Due: November 21, 2025, 1:30 PM Evaluation of Phase 1 Proposals: December 2, 2025 Notification of Part 2 Finalists (Short Listed Firms): December 2, 2025

Part 2** Evaluation of Part 2 Offeror Presentations/Interviews: December 12, 2025 Anticipated award of Contract for CM/GC: December 22, 2025

* Decisions and Clarifications will be incorporated into the proposal documents by an addendum.

** The Phase 2 Key Events are projected dates and are subject to change when in the best interest of the Commonwealth.

3.1 Proposal Process: Request for Proposals for Construction Manager/General Contractor Services (Pre-

Construction and Construction) Part 1

This proposal contains, as ATTACHMENTS or EXHIBITS, Preplanning documents that have been prepared by Architect/Engineer specifically for this project to define the basic scope and requirements of this project, and are hereby included in the requirements of this Request for Proposals. These Preplanning documents include, but are not necessarily limited to, schematic space planning drawings, proposed building elevations, programming summary.

All respondents to this Request for Proposals, by their response during Part 1 of the RFP process, indicate that they have reviewed and are familiar with the requirements of this project as defined by this RFP, including the EXHIBIT documents attached hereto.

The submission of information required by Part 1 of the Request for Proposals is outlined in other sections of this Request and should be included in their entirety to permit the Selection Committee, charged with the Short Listing of respondent firms to this Request, to make a fully informed decision. Failure to provide all the required information may be a disadvantage to the Offeror, and in some cases where a significant amount of the required information is not provided, may render the offer as non-responsive to this Request for Proposals.

3.1.1 Pre-Proposal Site Visit Prior to Part 1 of this RFP

A Pre-Proposal Site Visit will be held at EKCC on November 5, 2025 at 9:00 AM ET. Background checks are required for attendance at the Pre-Proposal Site Visit. All respondents requesting to attend the Pre-Proposal Site Visit must submit completed background check forms by October 29, 2025, 4:00 PM ET. Background check forms are included in Attachment “F.”

Completed background check forms must be sent to Cantrell, Pamela G (DOC) pcantrell@ky.gov.

3.1.2 Preparation of Offers – Part 1

Offeror is expected to follow all specifications, terms, conditions, and instructions in this Request for Proposals.

Offeror will furnish all information required by this solicitation.

The Offeror will complete, sign and return the proposal cover sheet. The person signing the offer must initial erasures or other changes. The signer shall further certify that the proposal is made without collusion with any other person, mailto:pcantrell@ky.gov

Construction Manager/General Contractor Services Page 11 of 27 persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer is authorized to bind the principal Offeror.

Proposals should be prepared simply and economically, providing a description of the Offeror’s capabilities to satisfy the requirements of the solicitation. Emphasis should be on completeness and clarity of content.

3.1.3 Written Questions- Part 1

All questions should be submitted in writing to Amanda Greer, Purchasing Officer, no later than the date indicated in paragraph 3.0.2 for submission of written questions during Part 1 of the RFP process. Please address e-mail to Amanda.Greer@ky.gov.

3.1.4 Addenda to RFP- Part 1

Any addenda or instructions issued by the Purchasing Officer prior to the time for receiving proposals for Part 1 of this Request for Proposals Process shall become a part of this RFP. Such addenda shall be acknowledged in the proposal. No instructions or changes shall be binding unless documented by a proper and duly issued addendum.

3.1.5 Proposal Submission and Deadline – Part 1

See attached instructions on how to submit proposal electronically using VSS. Refer to schedule in 3.0.2 for deadlines. Proposals received after the closing date and time will not be considered. In accordance with the Kentucky Revised Statute 45A.085 and 200 KAR 5:365, there will be no public opening.

3.2 Proposal Process: Request for Proposals for Construction Manager/General Contractor Services Part 2

During Part 2 of this Request for Proposal Process, the Short-Listed firms are prohibited from communications with anyone other than those indicated as contact persons by this Request during the RFP process.

All Short-Listed firms which respond to this Request for Proposals, by their response during Part 2 of the RFP process, indicate that they have reviewed and are familiar with the requirements of this project as defined by this RFP, including the Attachment documents attached hereto and any addendum issued during Part 1.

The presentation of information required by Part 2 of the Request for Proposals is outlined in other sections of this Request and must be covered during oral presentations in their entirety to constitute a responsible response to the Request and to receive a favorable scoring by the Selection Committee charged with the Selection of the Construction Manager/General Contractor for this project from the Short-Listed firms of this Request for Proposal Process. Failure to cover all the required information during the oral presentation will result in a low scoring from the Selection Committee during Part 2.

3.2.1 Preparation of Offers – Part 2

Offeror is expected to follow all specifications, terms, conditions, and instructions in this Request for Proposals.

Offeror will furnish all information required by this solicitation for Part 2 during the Oral Presentations before the Selection Committee.

The Offeror shall provide a copy of all elements of its presentation in an electronic format (PDF) to the purchasing officer for use by the Committee during deliberations and scoring.

3.2.2 Written Questions- Part 2

There is no formal opportunity for questions during Part 2 of the Proposal Process. However, if there is need to communicate with the Commonwealth during Part 2 of the Proposal Process (except for during Oral Presentations before the Selection Committee) the shortlisted firms shall address in e-mail form to Amanda.Greer@ky.gov. Any response from the Commonwealth to any shortlisted firm will also be made to all shortlisted firms concurrently in e-mail form.

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3.2.3 Instructions by the Purchasing Officer (Addenda to RFP) - Part 2

Any instructions, clarifications or explanations (Addenda) issued by the Purchasing Officer prior to twenty-four (24) hours before the time for the start of receiving Oral Presentations for Part 2 of this Request for Proposals Process shall become a part of this RFP. No instruction, clarifications or explanations will be issued by the Purchasing Officer during the last twenty-four (24) hours before the time for the start of receiving Oral Presentations for Part 2 of this RFP without extending and amending the date/time for Oral Presentation. Such issuances (addenda) will be issued in e-mail form from the Purchasing Officer and shall be acknowledged by the respondent by return receipt e-mail to the Purchasing Officer. No instructions or changes shall be binding unless documented by a proper and duly issued e-mail communication (addenda) and return receipt.

3.2.4 Offeror Oral Presentations – Part 2

All Part 2 finalists (Shortlisted Firms) shall be required to make an Oral Presentation to, and participate in interviews with the Selection Committee. The interviews are tentatively scheduled to be held on the date indicated in paragraph

3.0.2 above. Actual interview times for the Part 2 finalist will be scheduled at a later time.

3.2.5 Proposed Deviations from the Request for Proposal – Part 2

The stated requirements appearing elsewhere in this RFP shall become a part of the terms and conditions of any resulting contract. Any deviations from the RFP are discouraged and must not be in conflict with the basic nature of this RFP. Any deviation shall be specifically defined and if accepted, shall become a part of the contract. Note:

Offerors shall not submit their standard terms and conditions as exceptions to the RFP Terms and Conditions.

3.3 Offeror Response and Proprietary Information

The Request for Proposals specifies the format, required information, and general content of proposals submitted in response to this RFP. The Division of Engineering and Contract Administration (DECA) will not disclose any portions of the proposals prior to contract award to anyone except DECA staff, Agency staff, representatives of the State or Federal Government, if required, and the members of, and advisors to, the Committee evaluating the proposals.

After a contract is awarded in whole or in part, the Owner shall have the right to duplicate, use, or disclose all Proposal data submitted by Offerors in response to this RFP as a matter of public record.

Any submitted proposal shall remain a valid proposal for three (3) months after the proposal due date.

The Commonwealth of Kentucky and the Agency shall have the right to use all system ideas, or adaptations of those ideas, contained in any proposal received in response to this RFP. Selection or rejection of the proposal will not affect this right.

3.4 Cost of Preparing Proposal

Costs for developing the proposals and any subsequent activities prior to contract award are solely the responsibility of the Offerors. The Owner will provide no reimbursement for such costs.

3.5 Disposition of Proposals

All proposals become the property of the Commonwealth of Kentucky. The successful proposal will be incorporated into the resulting contract by reference.

3.6 Section Titles in the RFP

Titles of paragraphs used herein are for the purpose of facilitating ease of reference only and shall not be construed to infer a contractual construction of language.

3.7 No Contingent Fees

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No person or selling agency shall be employed or retained or given anything of monetary value to solicit or secure this contract, except bona fide employees of the Offeror or bona fide established commercial or selling agencies maintained by the Offeror for the purpose of securing business. For breach or violation of this provision, the Owner shall have the right to reject the proposal, annul the contract without liability or, at its discretion, deduct from the contract price or otherwise recover the full amount of such commission, percentage, brokerage or contingent fee or other benefit.

3.8 Proposal Addenda and Rules for Withdrawal

Unless requested by the Owner, the Owner will not accept revisions, or alterations to proposals after the proposal due date.

4.0 PROPOSAL FORMAT AND CONTENT

4.1 Proposal Information and Criteria – Part 1

4.1.1 “Technical Qualifications Proposal”:

The following list specifies the items to be addressed in the “Technical Qualifications Proposal” portion of your Part 1 response to this Request for Proposals. Please read it carefully and address it completely and in the order listed to facilitate the Commonwealth’s review of your proposal. Proposals shall be organized into the sections identified below. The content of each section is detailed in the following pages.

• Signed Authentication of Offer and Statement of Non-Collusion and Non-Conflict of Interest Form.

• Transmittal Letter

• Executive Summary and Proposal Overview

• Qualifications – Firm/Entity

• Qualifications Construction Management Team

• Project Manager(s) and Construction Superintendent(s).

• Pre-construction and Construction Services Defined

• Methodology / CM Services Plan

• Other Additional Information

• Signed Forms (See end of this RFP):

• Vendor Report of Prior Violations

• Sworn Statement Regarding Campaign Finance Laws

• Affidavit Regarding Workers Compensation and Unemployment Insurance

4.1.2 “Fee Proposal”: (To be submitted as a separate attachment)

The following list specifies the items to be addressed in the “Fee Proposal” portion of your Part 1 response to this Request for Proposals. Please read it carefully and address it completely and in the order listed to facilitate the Commonwealth’s review of your proposal. Proposals shall be organized into the sections identified below. The content of each section is detailed in the following pages.

• Construction Manager/General Contractor Pre-Construction Fee: to provide the services defined in this Request for Proposals that are to occur during the Design for entire project scope contained within this solicitation and the Bidding for the work that is currently funded. Additional preconstruction services fee may be negotiated when future funding is received, and additional scopes bid.

• Construction Manager/General Contractor Construction Service Fee (a lump sum fee to provide the services defined in this Request for Proposals that are to occur during construction of this project during the number of months indicated for the Construction Time Period as defined by this RFP).

Note: The percentage mark-up will be applied to the trade contractor’s awarded contract and not to subsequent change orders.

4.1.3 Signed Authentication of Offer and Statements of Non-Collusion and Non- Conflict of Interest Form.

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The Offeror will complete, sign and return the Authentication of Offer Form and print or type her/his name, firm, address, telephone number and date. The person signing the offer must initial erasures or other changes. An offer signed by an agent is to be accompanied by evidence of his/her authority unless such evidence has been previously furnished to the Purchasing Agency. The signer shall further certify that the proposal is made without collusion with any other person, persons, company or parties submitting a proposal; that it is in all respects fair and in good faith without collusion or fraud, and that the signer is authorized to bind the principal Offeror.

4.1.4 Transmittal Letter

The Transmittal Letter accompanying the RFP shall be in the form of a standard business letter and shall be signed by an individual authorized to legally bind the Offeror. It shall be limited to a maximum of four pages and shall include:

a) A statement referencing all addenda to this RFP issued by the Owner and received by the Offeror. If no addenda have been received, a statement to that effect should be included.

b) A statement that the Offeror’s proposal shall remain valid for three (3) months after the closing date of the receipt of the proposals.

c) A statement that the Offeror will accept financial responsibility for all travel expenses incurred for attending required or optional meetings during Part 1 of this RFP process.

Note: Do not submit your standard Terms and Conditions as exceptions to the RFP Terms and Conditions.

4.1.5 Executive Summary and Proposal Overview

The Executive Summary and Proposal Overview shall condense and highlight the contents of the Qualifications Proposal in such a way as to provide the Selection Committee with a broad understanding of the entire proposal.

4.1.6 Criteria 1 – Offeror Qualifications

The purpose of the Offeror Qualifications section is to determine the ability of the Offeror to respond to this Request for Proposals. Offerors must describe and offer evidence of their ability to meet each of the qualifications listed below. If the Offeror is a joint venture of two or more firms, provide the information requested (1) for each member of the joint venture and (2) for the joint venture entity.

a) Please provide a brief narrative describing the history of your firm. Identify the number of employees in your firm, and the ownership.

b) Please provide an executive summary profile of your firm indicating the total annual volume of work; an overview of the firm’s resources; the approximate percentage of correctional facility related work; a breakdown of your firm’s volume relative to CM/GC, CM at Risk, CM Agency, Lump-sum negotiated, Lump- sum hard bid, design-build, etc.; Provide any other information necessary to describe your core business parameters.

c) Provide an organizational chart of your firm indicating the lines of authority for the senior personnel involved in performance of this contract and relationships of this staff to other programs or functions of the firm. This chart should show lines of authority to the next senior level of management beyond the project team level.

d) Has your firm had a contract terminated for default in the last five years? If so, describe such incident.

e) Indicate any other experience that demonstrates the qualifications of your firm for the performance of this contract.

4.1.7 Criteria 2 – Project Team Qualifications

4.1.7.1 The purpose of the Project Team Qualifications section is to determine the ability of the Offeror to respond to this Request for Proposals. Offerors must describe and offer evidence of their project team’s ability to meet each of the qualifications listed below. If the Offeror is a joint venture of two or more firms, provide the information requested (1) for each member of the joint venture and (2) for the joint venture entity.

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a) Please provide an organization chart, resumes of key team members, and brief description of roles and responsibilities

b) The CM/GC must commit that staff identified in your proposal will actually perform the assigned work and be committed for the duration of the design and construction. Describe the level of commitment and the ability your firm has regarding this assurance and the stability of the proposed team.

4.1.8 Criteria 3 – Services Defined

a) The CM/GC should provide documentation of their understanding of the services requested in the RFP and contract documents.

b) Your proposal must provide for the completion of all work necessary to accomplish the scope of work defined in this RFP. Include a complete description of the proposed approach and methodology to accomplish the work described. The plan must be in sufficient detail to convey to the evaluation team the CM/GC’s knowledge of projects of similar scale and complexity and the CM/GC’s knowledge of the requirements, demands, and constraints of this project.

c) Explain how your firm/team approaches scheduling and schedule maintenance to ensure a successful on-time completion.

d) Describe your firm’s Disadvantaged Business Enterprise program and strategy for achieving DBE participation as well as your strategy to promote local trade, contractor, and vendor participation this project.

e) Describe your firm’s experience with BIM. Provide a list of projects where your firm used BIM and how BIM was used on those projects.

4.1.9 Criteria 4 – Related Experience

a) Direct experience in the construction of facilities similar to the facility intended by this project. This experience will preferably be with facilities of the same or similar scope as outlined in the project description in this RFP

b) Demonstrate your level of experience with correction facilities and/or façade related projects.

4.1.10 Other Additional Information

Please provide any additional information that the CM/GC feels should be considered when evaluating your proposal.

4.2 Proposal Information and Criteria – Part 2

4.2.1 Technical Qualifications to be presented in the Oral Presentations - Part 2:

The following list specifies the “Technical Qualifications” items to be addressed in the “Oral Presentations” portion of your Part 2 response to this Request for Proposals. Please read it carefully and address it completely and in the order listed to facilitate the Commonwealth’s review of your proposal. Proposals shall be organized into the sections identified below. The content of each section is detailed in the following pages.

Note: An electronic copy, in PDF format, of all written and graphic information presented during the Oral Presentation (including PowerPoint slides, handouts, graphic and written charts and other media) shall be provided at the conclusion of the Presentation to the Purchasing Officer for use by the Committee during its deliberations. All materials then become part of the public record which may include insertion into the Agreement between Owner and Construction Manager/General Contractor as applicable.

4.2.2 Minimum Information Required in Oral Presentations – Part 2

As a minimum the information required during the Oral Presentation includes, but is not necessarily limited to, the following:

• Transmittal Letter

• Executive Summary and Proposal Overview

• Construction Manager’s Personnel Chart*

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• Project Construction Schedule in “Critical Path Method” (CPM) format*

• Project Specific Methodology / CM Construction Management Plan

• Method for selection of Trade Contractors and award of trade package contracts under separate agreements with the CM/GC*

• CM/GC’s methods of controlling costs and schedule during construction.

*The items indicated above with (*) shall be made part of the Agreement between the Owner and the Construction Manager/General Contractor once the successful CM/GC is selected.

4.2.3 Transmittal Letter

The Transmittal Letter accompanying the RFP shall be in the form of a standard business letter and shall be signed by an individual authorized to legally bind the Offeror. It shall be limited to a maximum of four pages and shall include:

a) A statement referencing all drawings, specifications, list of allowances, addenda and other documents that were EXHIBITS in Part 1 and/or Addendums in Part 1 or Part 2 of this RFP issued by the Owner and received by the Offeror. If no addenda have been received, a statement to that effect should be included.

b) A statement that the Offeror’s proposal shall remain valid for three (3) months after the closing date of the receipt of the proposals.

c) A statement that the Offeror will accept financial responsibility for all travel expenses incurred for oral presentations (if required) and candidate interviews.

Note: Do not submit your standard Terms and Conditions as exceptions to the RFP Terms and Conditions.

4.2.4 Criteria 1- Executive Summary and Proposal Overview

The Executive Summary and Proposal Overview shall condense and highlight the contents of the Technical Qualifications Oral Presentation proposal in such a way as to provide the Selection Committee with a broad understanding of the entire proposal.

4.2.5 Criteria 2 – CM/GC’s Personnel Chart

The purpose of the Construction Manager/General Contractor’s Personnel Chart is to determine the Qualifications and Experience of the specific personnel that the Construction Manager/General Contractor intends to employ on this project. The personnel listed should be identified as participants in the Design Process or the Construction Process or both. Offerors must describe and offer evidence of their ability to provide the personnel necessary to meet the CM/GC requirements of this project. The Personnel Chart provided during Part 2 of this Request for Proposals will be made part of the Agreement between Owner and Construction Manager and the personnel are not to be changed without written approval of the Owner.

a) Please provide an organization chart, resumes of key team members, and brief description of roles and responsibilities

4.2.6 Criteria 3 – Project Construction Schedule

The purpose of the Project Construction Schedule is to determine the ability of the Offeror to meet the project schedule as defined in the documents made part of this Request for Proposals. This schedule should use the dates indicated tentatively for the start of Construction. This schedule shall be in Critical Path Method format and shall indicate that the Work of this Project can be accomplished on or before the Date indicated in the documents made part of this Request for Proposals as the tentative Date for Substantial Completion. This schedule will be made part of the Agreement between the Owner and Construction Manager and shall not be changed except by either Pre- Construction Change Order or Construction Change Order.

4.2.7 Criteria 4 – Project Specific Methodology / CM/GC’s Construction Management Plan

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a) The CM/GC should provide documentation of their understanding of the Project requirements and the Construction Manager/General Contractor Services necessary to accomplish the project.

b) Include a complete description of the planned approach and methodology to accomplish the work of the Project as described. The plan must be in sufficient detail to convey to the evaluation team the CM/GC’s knowledge of the requirements, demands, and constraints of this specific project.

c) Explain how your firm/team approaches scheduling and schedule maintenance to ensure a successful on-time completion by each Trade Contractor and the overall project. Explain your firm/team plan for schedule recovery should the project for unforeseen and uncontrollable reasons falls behind schedule.

d) Describe your firm’s plan for use of BIM to provide clash-detection between the work of various Trade Contractors.

4.2.8 Criteria 5 – Trade Contractors Selection/Award Methodology

The purpose of the Trade Contractors Selection/Award Methodology is to determine the CM/GC’s procedures and processes to ensure the quality of Trade Contractors the Offeror intends to contract with on this project, while being compliant with the various requirements of KRS 45A to the extent required by this Statute for Alternative Delivery Methods.

This Methodology plan should indicate how the Construction Manager will be contracting with prime Trade Contractors and any significant sub-trade Contractors that the Offeror expects will be required to accomplish the work of this project. This plan should prove to the evaluation committee that the Offeror has the intent to contract with Trade Contractor Companies of the size and quality necessary for this project. This plan should indicate and demonstrate that the CM/GC has a good working knowledge of the Salutatory Requirements of Public Bidding. This methodology will be made part of the Agreement between the Owner and Construction Manager and shall not be changed except by due reason and written acceptance by the Owner.

4.2.9 Criteria 6 – Other Additional Information

Please provide any additional information that the CM/GC feels should be considered when evaluating your proposal during Part 2 of the RFP Process.

4.2.10 Criteria 7 – Oral Presentation/Interview

In addition to the information presented as Technical Qualifications during the Oral Presentation of Part 2 of this Proposal, that are indicated above, the Selection Committee will reserve time allotted for Oral Presentation/ Interviews of the three Short Listed Construction Manager/General Contractor Firms for the purpose of obtaining clarification of the information presented, supplemental information from the Construction Manager/General Contractor firms related to the project, and understanding the overall quality and professionalism of the Construction Manager/General Contractor firm’s Project Team.

The Oral Presentation/ Interview session for each Short-Listed Construction Manager/General Contractor Firm shall be limited to a total of seventy-five (75) minutes, with forty-five minutes (45) minutes provided for the Oral Presentation from the Firm and thirty (30) minutes for questions from the Selection Committee and answers from the Firm.

5.0 EVALUATION CRITERIA PROCESS

5.1 Makeup of Selection Committee

A Selection Committee comprised of five…