RFP_Public_ConstructionAuditing_15695.pdf

MINNESOTA DEPARTMENT OF ADMINISTRATION

REQUEST FOR PROPOSAL FOR

Construction Auditing Services for Sunrise &

Tomlinson Renovation Phase 2

Minnesota’s Commitment to Diversity and Inclusion

The State of Minnesota is committed to diversity and inclusion in its public procurement process. The goal is to ensure that those providing goods and services to the State are representative of our Minnesota communities and include businesses owned by minorities, women, veterans, and those with substantial physical disabilities. Creating broader opportunities for historically under-represented groups provides for additional options and greater competition in the marketplace, creates stronger relationships and engagement within our communities, and fosters economic development and equality.

To further this commitment, the Department of Administration operates a program for Minnesota-based small businesses owned by minorities, women, veterans, and those with substantial physical disabilities. For additional information on this program, or to determine eligibility, please call 651-296- 2600 or go to http://www.mmd.admin.state.mn.us/mn02001.htm http://www.mmd.admin.state.mn.us/mn02001.htm

REQUEST FOR PROPOSALS (RFP)

Minnesota Department of Administration

Real Estate and Construction Services (RECS)

Project Overview

Construction Auditing Services for Sunrise & Tomlinson Renovation Phase 2, MSOP-St. Peter RECS Project Number: 55SR0153 SWIFT Event ID: 2000015695

Supplier Portal Security Changes

There are new security measures that MMB implemented on October 16. It is a new multi-factor authentication (MFA) to enhance the security of the State of Minnesota Supplier Portal. MFA is an authentication method that requires bidders and suppliers provide two verification factors to log into the SWIFT Supplier Portal.

For information about these changes, please refer to the SWIFT Supplier Portal Multi-Factor Authentication FAQ document.

If you have not done so already, please make sure to log into the SWIFT Supplier Portal as soon as possible to get this authentication set up early so there are no issues when submitting a response to an RFP.

The State of Minnesota is requesting proposal(s) for professional services to conduct Construction Auditing Services for work done under the Construction Manager at Risk (CMR) project delivery method for this new building project during the design, construction, and post construction phases for the remodel of the Sunrise (North & West) & Tomlinson buildings at the MSOP in St. Peter, Minnesota.

Responders should only rely on information in this solicitation when responding to this RFP.

Site Visit Meeting is not required.

Questions are due: Wednesday, May 1, 2024 at 3:00 p.m. CT

RECS will provide answers by: Monday, May 6, 2024 by 3:00 p.m. CT

RFP response due date and time: Friday, May 10, 2024 by 12:00 Noon CT

Goals

The goal of this RFP is to enter into a contract to obtain services with the best value responder. The State has the right to cancel this solicitation if it is considered to be in its best interest.

https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMjEwMjAuNjU0MDU5NTEiLCJ1cmwiOiJodHRwczovL2d1ZXN0LnN1cHBsaWVyLnN5c3RlbXMuc3RhdGUubW4udXMvcHNjL2Ztc3N1cGFwL1NVUFBMSUVSL0VSUC9jL05VSV9GUkFNRVdPUksuUFRfTEFORElOR1BBR0UuR0JMPyYifQ.i-HI1goSFhyukO6-tDKJ950RA0248ccp4eK29Xzz01Y/s/349718272/br/146252762755-l https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDEsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMjEwMjAuNjU0MDU5NTEiLCJ1cmwiOiJodHRwczovL21uLmdvdi9tbWItc3RhdC9kb2N1bWVudHMvc3dpZnQvdmVuZG9yL3N1cHBsaWVyLXBvcnRhbC1tZmEtZmFxLnBkZiJ9.41iCmHmLgNYmjuYv_8gxQmzIZ2cj_AeEa9u3PBiMXkk/s/349718272/br/146252762755-l https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDEsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMjEwMjAuNjU0MDU5NTEiLCJ1cmwiOiJodHRwczovL21uLmdvdi9tbWItc3RhdC9kb2N1bWVudHMvc3dpZnQvdmVuZG9yL3N1cHBsaWVyLXBvcnRhbC1tZmEtZmFxLnBkZiJ9.41iCmHmLgNYmjuYv_8gxQmzIZ2cj_AeEa9u3PBiMXkk/s/349718272/br/146252762755-l

Sample Tasks

1. See Exhibit A and attachments for detailed scope of work.

2. In addition to Exhibit A, Scope of Work, and the attachments, the following documents are considered to be part of this RFP and may be found at http://mn.gov/admin/government/construction-projects/manuals-guidelines-forms/forms/index.jsp

• Exhibit D o D1, State Insurance Requirements o D2, Consultant Certificate of Insurance (to be provided by the Responder if awarded a contract)

• Exhibit E & E1, Workforce and Equal Pay Declaration Page (to be completed by Responder)

(attached)

• Exhibit F, Certification Regarding Lobbying (to be completed by Responder) (attached)

• Exhibit G, State’s Designer Procedures Manual

• Exhibit H, AIA 201 General Conditions (1997 Edition) as modified by the state. (Available from the Real Estate and Construction Services and incorporated by reference)

• Exhibit I, Affidavit of Noncollusion (to be completed by Responder) (attached)

• Exhibit J, Not Used

• Exhibit K, Consultant Performance Evaluation

• Exhibit L, Project Energy/Utility Savings

• Exhibit M, Veteran-Owned Preference Form (if applicable) (attached)

• Exhibit O, Resident Vendor Form (if applicable) (attached)

3. The term of this contract is anticipated to run from June 1, 2024 to May 31, 2026, with the option to extend an additional 3 years in increments determined by the State.

4. This request for proposal does not obligate the state to award a contract or complete the project, and the state has the right to cancel the solicitation if it is considered to be in its best interest.

5. Prospective responders who have any questions regarding this request for proposal should email the questions no later than the date identified on page 1 of this RFP to:

Samantha Hicks, Contracts Specialist Real Estate and Construction Services samantha.hicks@state.mn.us

Other personnel are NOT authorized to discuss this request for proposal with responders, before the proposal submission deadline. Contact regarding this RFP with any personnel not listed above could result in disqualification.

Answers will be provided in an addendum to the RFP. All addenda will be posted in the SWIFT system with this RFP and its attachments.

6. Unless otherwise notified in writing by the State, services are to begin immediately only upon complete execution of the Contract and receipt of a Notice to Proceed.

http://mn.gov/admin/government/construction-projects/manuals-guidelines-forms/forms/index.jsp mailto:samantha.hicks@state.mn.us

What to Include in Your Proposal

By submission of a proposal, the Responder affirms its willingness to abide by the terms and conditions of the State’s contract documents. By submission of a proposal, Responder assures that the information provided is true, correct and reliable for purposes of evaluation for potential contract award. The submission of inaccurate or misleading information may be grounds for disqualification from the award and may subject the responder to suspension or debarment proceedings as well as other remedies available by law. The proposal must contain the following documents:

1. Exhibit B, Fee Proposal, (For purposes of completing the fee proposal, the State does not make regular payments based upon the passage of time, it only pays for services performed or work delivered after it is accomplished and accepted by the State.)

2. Exhibit C, Responder’s Qualifications (see “Scoring Criteria” section for specific details to include.)

3. Submit the following forms (available at http://mn.gov/admin/government/construction-projects/manuals-guidelines-forms/forms/index.jsp ):

• Exhibit E & E1, Workforce and Equal Pay Declaration Page

• Exhibit F, Certification Regarding Lobbying

• Exhibit I, Affidavit of Non Collusion

• Exhibit M, Veterans Preference Form (if applicable)

• Exhibit O, Resident Vendor Form (if applicable)

How to Submit Your Proposal

All responses to this RFP (termed an “Event” within SWIFT) must be submitted through SWIFT using the State of Minnesota Supplier Portal. Training and documentation on how to submit your response is available through the Supplier portal link above.

All responses to this RFP must be submitted and received in SWIFT no later than the Event End Date and time as set forth in the SWIFT Event Details applicable to this RFP.

All responses must include the following separately attached documents, unless otherwise specified:

1. a Fee Proposal (Exhibit B);

2. a Qualifications Proposal (to include Exhibit C);

Electronic submissions to the state will be accepted beginning on the SWIFT Start Date for this RFP. Fee information must be loaded into the system as a separate document(s) from your technical response.

All proposals will be automatically time and date stamped internal to the SWIFT system when they are received. Proposals received after End Date above will not be considered. The State shall not be responsible for any errors or delays caused by technology-related issues, even if they are caused by the State.

NOTE: If you are reviewing this RFP in the SWIFT system or downloaded the RFP from the SWIFT system, you are likely already a registered vendor with the State. If you are reviewing this RFP in paper form, you may need to register as a vendor by going to https://mn.gov/mmb/accounting/swift/vendor-resources/. For new vendors, please note that approval of your registration may take 3 – 4 business days. If you need assistance obtaining a vendor ID or completing the registration process, please call 651- 201-8100, Option 1.

http://mn.gov/admin/government/construction-projects/manuals-guidelines-forms/forms/index.jsp http://mn.gov/admin/government/construction-projects/manuals-guidelines-forms/forms/index.jsp https://lnks.gd/l/eyJhbGciOiJIUzI1NiJ9.eyJidWxsZXRpbl9saW5rX2lkIjoxMDAsInVyaSI6ImJwMjpjbGljayIsImJ1bGxldGluX2lkIjoiMjAyMjEwMjAuNjU0MDU5NTEiLCJ1cmwiOiJodHRwczovL2d1ZXN0LnN1cHBsaWVyLnN5c3RlbXMuc3RhdGUubW4udXMvcHNjL2Ztc3N1cGFwL1NVUFBMSUVSL0VSUC9jL05VSV9GUkFNRVdPUksuUFRfTEFORElOR1BBR0UuR0JMPyYifQ.i-HI1goSFhyukO6-tDKJ950RA0248ccp4eK29Xzz01Y/s/349718272/br/146252762755-l https://mn.gov/mmb/accounting/swift/vendor-resources/ https://mn.gov/mmb/accounting/swift/vendor-resources/

Late proposals will not be accepted.

All costs incurred in responding to this RFP will be borne by the responder.

Fax, e-mail, and printed proposals will not be accepted or considered.

Proposals will be evaluated on “best value” as specified below.

Fee information must be loaded into the system as a separate document(s) from your technical response.

Fee proposals will not be reviewed by the evaluation team prior to the qualification scores being finalized.

Proposal Evaluation

All responses received by the End Date and time will be reviewed by the State. Proposals will first be reviewed for responsiveness to determine if the minimum mandatory requirements have been met.

Proposals that fail to meet minimum mandatory requirements will not advance to the next phase of the evaluation. The State has the right, based on the scores of the proposals, to create a short-listing of vendors who have received the highest scores to interview, or conduct demonstrations/presentations. The state has the right to seek best and final offers from one or more responders. A 100-point scale will be used to create the final evaluation recommendation.

Mandatory Requirements (Scored as Pass/Fail)

The following will be considered on a pass/fail basis:

1. Proposals must be received in SWIFT on or before the due date and time specified in this solicitation.

2. Proposals must include Exhibit B (as a separately attached document).

3. Proposals must include Exhibit C (as a separately attached document).

Evaluation Factors (Scored based on points as indicated)

The factors and weighting on which proposals will be judged are:

SCORING CRITERIA MAX POINTS AVAILABLE

1. Key Persons and Specialists assigned to this project 20

2. Work which best illustrates qualifications 20

3. Approach, methodology, work plan and schedule 20

4. Unique qualifications 10

5. Fee Proposal 30

General Requirements

Affidavit of Noncollusion

Each responder must complete the attached Exhibit I, Affidavit of Noncollusion and include it with the response.

Conflicts of Interest Responder must provide a list of all entities with which it has relationships that create, or appear to create, a conflict of interest with the work that is contemplated in this request for proposals. The list should indicate the name of the entity, the relationship, and a discussion of the conflict.

Proposal Contents

By submission of a proposal, Responder warrants that the information provided is true, correct and reliable for purposes of evaluation for potential contract award. The submission of inaccurate or misleading information may be grounds for disqualification from the award as well as subject the responder to suspension or debarment proceedings as well as other remedies available by law.

Licensure Requirements

Based upon the scope of work attached, the successful responder is required to be an Architect, Engineer, Landscape Architect, or Land Surveyor registered in the State of Minnesota under Minn. Stat. 326.02-14. A copy of Minnesota Statutes and Minnesota Rules is available at www.revisor.leg.state.mn.us.

Disposition of Responses

All materials submitted in response to this RFP will become property of the State and will become public record in accordance with Minnesota Statutes, section 13.591, after the evaluation process is completed.

Pursuant to the statute, completion of the evaluation process occurs when the government entity has completed negotiating the contract with the selected vendor.

Notwithstanding the above, if the State contracting party is part of the judicial branch, the release of data shall be in accordance with the Rules of Public Access to Records of the Judicial Branch promulgated by the Minnesota Supreme Court as the same may be amended from time to time.

Contingency Fees Prohibited

Pursuant to Minnesota Statutes Section 10A.06, no person may act as or employ a lobbyist for compensation that is dependent upon the result or outcome of any legislation or administrative action.

Sample Contract

You should be aware of the State’s standard contract terms and conditions in preparing your response. Real Estate and Construction Services sample Basic Services Agreement (BSA) and Professional/Technical Services (PTSC) Contracts are available at http://mn.gov/admin/government/construction-projects/manuals-guidelines-forms/forms/index.jsp. Much of the language reflected in the contract is required by statute. If you take exception to any of the terms, conditions or language in the contract, you must indicate those exceptions in your response to the RFP; certain exceptions may result in your proposal being disqualified from further review and evaluation. Only those exceptions indicated in your response to the RFP will be available for discussion or negotiation.

Reimbursements

Reimbursement for travel and subsistence expenses actually and necessarily incurred by the contractor as a result of the contract will be in no greater amount than provided in the current "Commissioner’s Plan” promulgated by the commissioner of Employee Relations. Reimbursements will not be made for travel and subsistence expenses incurred outside Minnesota unless it has received the State’s prior written approval for out of state travel. Minnesota will be considered the home state for determining whether travel is out of state.

Organizational Conflicts of Interest

The responder warrants that, to the best of its knowledge and belief, and except as otherwise disclosed, there are no relevant facts or circumstances which could give rise to organizational conflicts of interest. An http://www.revisor.leg.state.mn.us/ organizational conflict of interest exists when, because of existing or planned activities or because of relationships with other persons, a vendor is unable or potentially unable to render impartial assistance or advice to the State, or the vendor’s objectivity in performing the contract work is or might be otherwise impaired, or the vendor has an unfair competitive advantage. The responder agrees that, if after award, an organizational conflict of interest is discovered, an immediate and full disclosure in writing must be made to the Assistant Director of the Department of Administration’s Office of State Procurement (“OSP”) which must include a description of the action which the contractor has taken or proposes to take to avoid or mitigate such conflicts. If an organization conflict of interest is determined to exist, the State may, at its discretion, cancel the contract. In the event the responder was aware of an organizational conflict of interest prior to the award of the contract and did not disclose the conflict to OSP, the State may terminate the contract for default. The provisions of this clause must be included in all subcontracts for work to be performed similar to the service provided by the prime contractor, and the terms “contract,” “contractor,” and “contracting officer” modified appropriately to preserve the State’s rights.

Preference to Targeted Group and Economically Disadvantaged Business and Individuals In accordance with Minnesota Rules, part 1230.1810, subpart B, certified Targeted Group (TG) businesses and individuals submitting proposals as prime contractors will receive a twelve percent preference in the evaluation of their proposal, and certified Economically Disadvantaged (ED) businesses and individuals submitting proposals as prime contractors will receive a twelve percent preference in the evaluation of their proposal. Eligible TG businesses and ED businesses must be currently certified by the Office of Equity in Procurement (OEP) prior to the solicitation opening date and time. For information regarding certification, contact OEP at 651-201-2402 or procurement.equity@state.mn.us. For TTY/TDD communications, contact the Helpline through the Minnesota Relay Services at 1.800.627.3529.

Veteran-Owned Small Business Preference

Unless a greater preference is applicable and allowed by law, in accordance with Minn. Stat. § 16C.16, subd. 6a, the Commissioner of Administration will award a 12% preference in the amount bid on state procurement to certified small businesses that are majority owned and operated by veterans.

A small business qualifies for the veteran-owned preference when it meets one of the following requirements. 1) The business has been certified by the Office of Equity in Procurement as being a veteran-owned or service-disabled veteran-owned small business. 2) The principal place of business is in Minnesota AND the U.S. Small Business Administration verifies the business as being a veteran-owned or service-disabled veteran-owned small business under Public Law 109-461 and Code of Federal Regulations, title 13, part 128 (Supported By Documentation). See Minn. Stat. § 16C.19(d).

Submit the appropriate documentation with the solicitation response to claim the veteran-owned preference. Statutory requirements and documentation must be met by the solicitation response due date and time to be awarded the preference.

Foreign Outsourcing of Work Prohibited

All services under this contract shall be performed within the borders of the United States. All storage and processing of information shall be performed within the borders of the United States. This provision also applies to work performed by subcontractors at all tiers.

Work Force Certification

For all contracts estimated to be in excess of $100,000, responders are required to complete the attached Affirmative Action Data page and return it with the response. As required by Minnesota Rule 5000.3600, “It is hereby agreed between the parties that Minnesota Statute § 363A.36 and Minnesota Rule 5000.3400 -

5000.3600 are incorporated into any contract between these parties based upon this specification or any modification of it. A copy of Minnesota Statute § 363A.36 and Minnesota Rule 5000.3400 - 5000.3600 are available upon request from the contracting agency.”

mailto:procurement.equity@state.mn.us

Equal Pay Certification

If the Response to this solicitation could be in excess of $500,000, the Responder must obtain an Equal Pay Certificate from the Minnesota Department of Human Rights (MDHR) or claim an exemption prior to contract execution. A responder is exempt if it has not employed more than 40 full-time employees on any single working day in one state during the previous 12 months. Please contact MDHR with questions at:

651-539-1095 (metro), 1-800-657-3704 (toll free), 711 or 1-800-627-3529 (MN Relay) or at compliance.MDHR@state.mn.us.

Certification Regarding Lobbying Federal money will be used or may potentially be used to pay for all or part of the work under the contract, therefore the Proposer must complete the attached Certification Regarding Lobbying and submit it as part of its proposal.

Certification Regarding Debarment, Suspension, Ineligibility, and Voluntary Exclusion.

Federal money will be used or may potentially be used to pay for all or part of the work under the contract, therefore the Proposer must certify the following, as required by the regulations implementing Executive Order 12549.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion -- Lower Tier Covered Transactions

Instructions for Certification

1. By signing and submitting this proposal, the prospective lower tier participant is providing the certification set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective lower tier participant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

3. The prospective lower tier participant shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective lower tier participant learns that its certification was erroneous when submitted or had become erroneous by reason of changed circumstances.

4. The terms covered transaction, debarred, suspended, ineligible, lower tier covered transaction, participant, person, primary covered transaction, principal, proposal, and voluntarily excluded, as used in this clause, have the meaning set out in the Definitions and Coverages sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective lower tier participant agrees by submitting this response that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the department or agency with which this transaction originated.

6. The prospective lower tier participant further agrees by submitting this proposal that it will include this clause titled “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion-- Lower Tier Covered Transaction,” without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not proposed for debarment under 48 CFR part 9, subpart 9.4, debarred, suspended, ineligible, or voluntarily excluded from covered transactions, unless it knows that the certification is erroneous. A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to, check the List of Parties Excluded from Federal Procurement and Nonprocurement Programs

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is proposed for debarment under 48 C.F.R. 9, subpart 9.4, suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, the department or agency with which this transaction originated may pursue available remedies, including suspension and/or debarment.

Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transactions

1. The prospective lower tier participant certifies, by submission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency.

2. Where the prospective lower tier participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Insurance Requirements

A. Contractor shall not commence work under the contract until they have obtained all the insurance described below and the State of Minnesota has approved such insurance. Contractor shall maintain such insurance in force and effect throughout the term of the contract.

B. Contractor is required to maintain and furnish satisfactory evidence of the following insurance policies:

1. Workers’ Compensation Insurance: Except as provided below, Contractor must provide

Workers’ Compensation insurance for all its employees and, in case any work is subcontracted, Contractor will require the subcontractor to provide Workers’ Compensation insurance in accordance with the statutory requirements of the State of Minnesota, including Coverage B, Employer’s Liability. Insurance minimum limits are as follows:

$100,000 – Bodily Injury by Disease per employee $500,000 – Bodily Injury by Disease aggregate $100,000 – Bodily Injury by Accident

If Minnesota Statute 176.041 exempts Contractor from Workers’ Compensation insurance or if the Contractor has no employees in the State of Minnesota, Contractor must provide a written statement, signed by an authorized representative, indicating the qualifying exemption that excludes Contractor from the Minnesota Workers’ Compensation requirements.

If during the course of the contract the Contractor becomes eligible for Workers’ Compensation, the Contractor must comply with the Workers’ Compensation Insurance requirements herein and provide the State of Minnesota with a certificate of insurance.

2. Commercial General Liability Insurance: Contractor is required to maintain insurance protecting it from claims for damages for bodily injury, including sickness or disease, death, and for care and loss of services as well as from claims for property damage, including loss of use which may arise from operations under the Contract whether the operations are by the Contractor or by a subcontractor or by anyone directly or indirectly employed by the Contractor under the contract.

Insurance minimum limits are as follows:

$2,000,000 – per occurrence $2,000,000 – annual aggregate $2,000,000 – annual aggregate – Products/Completed Operations

The following coverages shall be included:

Premises and Operations Bodily Injury and Property Damage Personal and Advertising Injury Blanket Contractual Liability Products and Completed Operations Liability Other; if applicable, please list__________________________________ State of Minnesota named as an Additional Insured, to the extent permitted by law

3. Commercial Automobile Liability Insurance: Contractor is required to maintain insurance protecting it from claims for damages for bodily injury as well as from claims for property damage resulting from the ownership, operation, maintenance or use of all owned, hired, and non-owned autos which may arise from operations under this contract, and in case any work is subcontracted the contractor will require the subcontractor to maintain Commercial Automobile Liability insurance.

Insurance minimum limits are as follows:

$2,000,000 – per occurrence Combined Single limit for Bodily Injury and Property Damage

In addition, the following coverages should be included:

Owned, Hired, and Non-owned Automobile

4. Professional/Technical, Errors and Omissions, and/or Miscellaneous Liability Insurance

This policy will provide coverage for all claims the contractor may become legally obligated to pay resulting from any actual or alleged negligent act, error, or omission related to Contractor’s professional services required under the contract.

Contractor is required to carry the following minimum limits:

$2,000,000 – per claim or event $2,000,000 – annual aggregate

Any deductible will be the sole responsibility of the Contractor and may not exceed $50,000 without the written approval of the State. If the Contractor desires authority from the State to have a deductible in a higher amount, the Contractor shall so request in writing, specifying the amount of the desired deductible and providing financial documentation by submitting the most current audited financial statements so that the State can ascertain the ability of the Contractor to cover the deductible from its own resources.

The retroactive or prior acts date of such coverage shall not be after the effective date of this Contract and Contractor shall maintain such insurance for a period of at least three (3) years, following completion of the work. If such insurance is discontinued, extended reporting period coverage must be obtained by Contractor to fulfill this requirement.

C. Additional Insurance Conditions:

• Contractor’s policy(ies) shall be primary insurance to any other valid and collectible insurance available to the State of Minnesota with respect to any claim arising out of Contractor’s performance under this contract;

• If Contractor receives a cancellation notice from an insurance carrier affording coverage herein, Contractor agrees to notify the State of Minnesota within five (5) business days with a copy of the cancellation notice, unless Contractor’s policy(ies) contain a provision that coverage afforded under the policy(ies) will not be cancelled without at least thirty (30) days advance written notice to the State of Minnesota;

• Contractor is responsible for payment of Contract related insurance premiums and deductibles;

• If Contractor is self-insured, a Certificate of Self-Insurance must be attached;

• Contractor’s policy(ies) shall include legal defense fees in addition to its liability policy limits, with the exception of B.4 above;

• Contractor shall obtain insurance policy(ies) from insurance company(ies) having an “AM BEST” rating of A- (minus); Financial Size Category (FSC) VII or better, and authorized to do business in the State of Minnesota; and

• An Umbrella or Excess Liability insurance policy may be used to supplement the Contractor’s policy limits to satisfy the full policy limits required by the Contract.

D. The State reserves the right to immediately terminate the contract if the contractor is not in compliance with the insurance requirements and retains all rights to pursue any legal remedies against the contractor. All insurance policies must be open to inspection by the State, and copies of policies must be submitted to the State’s authorized representative upon written request.

E. The successful responder is required to submit Certificates of Insurance acceptable to the State of MN as evidence of insurance coverage requirements prior to commencing work under the contract.

Consultant Performance Evaluation

Using Exhibit K, the State will evaluate the Consultant’s and/or subconsultants’ performance for work provided under this contract.

Project Energy/Utility Savings

The Consultant shall provide designs and specifications that result in maximizing energy savings.

Consultant shall complete and submit Exhibit L to the State when applicable to the work under this contract.

E-Verify Certification (In accordance with Minn. Stat. §16C.075)

By submission of a proposal for services in excess of $50,000, Contractor certifies that as of the date of services performed on behalf of the State, Contractor and all its subcontractors will have implemented or be in the process of implementing the federal E-Verify program for all newly hired employees in the United States who will perform work on behalf of the State. In the event of contract award, Contractor shall be responsible for collecting all subcontractor certifications and may do so utilizing the E-Verify Subcontractor Certification Form available at http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc. All subcontractor certifications must be kept on file with Contractor and made available to the State upon request.

http://www.mmd.admin.state.mn.us/doc/EverifySubCertForm.doc

Certification of Nondiscrimination (In accordance with Minn. Stat. § 16C.053)

The following term applies to any contract for which the value, including all extensions, is $50,000 or more:

Contractor certifies it does not engage in and has no present plans to engage in discrimination against Israel, or against persons or entities doing business in Israel, when making decisions related to the operation of the vendor's business. For purposes of this section, "discrimination" includes but is not limited to engaging in refusals to deal, terminating business activities, or other actions that are intended to limit commercial relations with Israel, or persons or entities doing business in Israel, when such actions are taken in a manner that in any way discriminates on the basis of nationality or national origin and is not based on a valid business reason.

Exhibit A

Real Estate and Construction Services Department of Administration

Scope of Services for Construction Auditing Services for

Sunrise & Tomlinson Renovation Phase 2 at

MSOP St. Peter, MN RECS Project No. 55SR0153

The State of Minnesota is requesting proposal(s) for professional services to conduct Construction Auditing Services for work done under the Construction Manager at Risk (CMR) project delivery method for this new building project.

1.0 Project Overview:

1.1 Background Information

The Department of Administration, on behalf of the MN Department of Human Services, is seeking auditor services during the design, construction and post construction phases for the remodel of the Sunrise North & West & Tomlinson buildings at the MSOP in St. Peter, Minnesota.

Sunrise Building:

The north and west wings of the Sunrise building will be completely gutted and remodeled to incorporate a housing area with 30 client beds, a dining area and staff office space, similar to previous phases in Sunrise and Green Acres, as well as a health services clinic. All existing interior partitions, ceilings and finishes will be removed in these areas to accommodate the new design, and HVAC, plumbing and electrical systems in these areas will be replaced. The fire sprinkler system installed in a past phase will be extended to the remainder of the building.

To improve thermal performance of the building envelope and comply with the sustainability standards for state buildings, the exterior windows and doors will be replaced, and insulated furring will be added around the inside of the exterior walls. The existing roofing will remain and be patched as needed in conjunction with the mechanical work.

The area to be renovated is approximately 20,700 sf on the main floor, but mechanical and electrical work in the basement and mechanical penthouse will also be involved.

Tomlinson Building:

The renovation in Tomlinson will include a visitation space, recreational therapist’s office, fitness space for staff, several multipurpose spaces and upgrading the public toilet rooms to meet current code requirements. Existing interior partitions will be completely removed in some areas of the building to accommodate the new design, while in other areas many of the partitions and doors will remain. Ceilings, finishes, exterior windows and doors, and HVAC, plumbing and electrical systems will be replaced throughout most of the building. A new fire sprinkler system will be installed throughout the building. Several mechanical units will be installed on the roof. The existing roofing will remain and will be patched as needed in conjunction with the mechanical work.

The main floor is approximately 20,900 sf. Tomlinson has a small basement but work on that level will be limited to mechanical and electrical systems. Select portions of the work may be indicated as alternate bid items.

The Department of Administration currently has a design consultant, BWBR Architects under contract to perform professional design services for the above project. A Construction Manager at Risk will be hired for the project and the selection process is currently in the proposal stage.

Project Location:

The project is located at MSOP, 100 Freeman Drive, St. Peter, MN, 56082.

Project Team – work with all project stakeholders. The developing team currently includes:

- Department of Administration, is the State Agency with custodial control of all State properties, and for contract purposes is the Owner for State building construction projects. The Commissioner of Administration has delegated authority to the following Divisions:

- Department of Administration, Real Estate and Construction Services Division (RECS), oversees construction projects. A Project Manager from RECS will be the Owner’s representative and administer the project from consultant selection through project completion.

- Department of Human Services & Minnesota Correction Facilities are the agencies that manage the MSOP. The St. Peter DCT Facilities Project Manager will be the team lead for the agency.

- BWBR Architects Inc are the design consultants of record.

- Construction Manager at Risk (CMr) – tbd.

1.2 Project Scope

Your response and fee proposal will be based off of these tasks listed below:

The goals of the project audit are:

1. Cost management

2. Risk identification and management

3. Financial control

4. Identify and minimize overcharges on the project

5. Reduce litigation risk through better project control and information

A. Contract Compliance Audit:

1. Test and monitor controls per the base contract, the State’s General Conditions, and any applicable amendments.

2. Review payment applications.

a. Auditing consultant SHALL NOT be responsible for approval of the Payment Application or change order request proposal. The project Architect and State are responsible for Approval and Sign off on these documents.

3. Test for contract compliance

4. Test and evaluate change orders.

a. Auditing consultant IS NOT RESPONSIBLE for approval of the change order request proposals. The State and project architect ARE RESPONSIBLE for change order approval/sign off, preparing and distributing Developing Encumbrances, (DE’s) and Supplemental Agreements (SA’s).

b. Auditor to review Requests for Payment as outlined in schedule below; and review all PR proposals. Auditor to review, comment, and advise RECS and A-E consultant within 5 days of receipt. Final approval and signature / sign off of PR proposals and Requests for Payment shall be RSP Architecture.

c. CMr to provide copies of PR proposals, Requests for Payment, and change order/ proposal tracking log summary to Auditor.

d. Auditor shall establish acceptable standard labor rates and equipment rates for each contractor at start of project for use throughout the project duration. Provide a summary of standard rates to A-E consultant and RECS.

5. Identify potential over-charges and recommend action to the Owner

6. Recommend control improvements during the audit process

7. Visit the Site at least three (3) times, preferable during periods of major activity or when requested by the State. These visits may align with milestones in the schedule in B.13. below.

Coordinate and schedule audit services site visits with the CMr, project architects and RECS.

B. Contract Compliance Audit services should include but are not limited to:

1. Verification of all project costs incurred by the contractor, including proper payroll, overhead, and administrative costs.

• Craft & Staff Labor hours, wages and / or stipulated rates charged to the construction project (including compliance with Davis-Bacon Act prevailing wage laws).

• Labor Burden costs such as employee benefits, Federal & State Unemployment Insurance, workers' compensation, and other labor burden cost elements charged to the project.

• Materials & Equipment costs charged to the project.

• Subcontractors' costs charged to the project.

• Contractor Owned Equipment Rentals charged to the project.

• Small Tools and other construction costs charged to the project.

• General Liability and other insurance costs charged to the project.

• Home Office Overhead costs charged to the project.

• Fees and mark-ups of any kind charged to the project.

• Bond expenses

2. Verification of proper sales and use tax charges.

3. Verification of proper math and methods used by the contractor to develop the final billing, including proper credits for discounts or refundable deposits.

4. Verification that proper bidding procedures were followed for subcontractors.

5. Reconciliation of all alternates and allowances.

6. Verification that all cost charged to the job were incurred for this job and that any unused materials or tools are properly credited to the owner.

7. Reconciliation of the "guaranteed-maximum" and “savings that accrue to the Owner” per the contract.

8. Verification of all change order costs to confirm that:

• None are base scope-related;

• All change order calculations are applied accurately per the terms of the contract

• When appropriate, calculations are based upon actual costs, not "estimates".

9. Verification of proper contingency use and documentation per the contract

• Upon receipt of CMr’s Payment Applications / Requests for Payment and/or change order proposals, Auditing consultant to promptly review and evaluate these documents as noted herein and as requested. Auditing consultant to provide a brief report within five calendar days of such receipt, identifying inaccuracies, math or calculation errors, inconsistencies, and non-compliance contract items in these CMr’s documents. Auditing consultant is responsible only for review and comment on payment applications and is NOT RESPONSIBLE for CMr payment applications approval.

• Prior to issuing a report, the auditing consultant shall discuss his review and or evaluation with the design consultant and with the CMr as necessary to avoid any report inaccuracy, misunderstanding, or misinformation.

• Subsequent to discussion with the architect, Auditing consultant to provide the approving design consultant and RECS PM a brief factual objective report identifying inaccuracies, errors, inconsistencies, or non-compliance.

10. Auditing consultant to provide reports on CMr documents on per schedule below in a form acceptable to the State:

• Initial kickoff meeting with schedule of values.

• Initial pay request

• Initial Change Order request as appropriate for an example

• Change Order requests over $25,000 in value – assume seven (7) for the purposes of this RFP.

• Pay requests at random – assume ten (10) for a 14 month construction period, for the purposes of this RFP,

• Pay Request at closeout

11. Support during negotiation for adjustments based on audit findings.

12. Review financial reports submitted by the CMr.

C. Project Close-Out Audit:

1. Determine if obligations to subcontractors and suppliers have been satisfied

2. Review back-charges and buy-outs

3. Identify potential over-charges and recommend action to the Owner

4. Reconcile final billing and verify final billing accuracy

5. Provide a final report to the Owner addressing compliance with contract requirements and any project closeout accounting actions needed.

6. Check and verify with CMr that obligations to subcontractors and suppliers have been and reconciled and satisfied, including back charges, allowances, and change orders.

D. Special Tasks

1. Tasks that utilize the special skills and experience of the construction auditor. This may include, but are not limited to:

• Review of specific construction cost proposals (Supplemental Agreements). May be a part of a project that otherwise is not being reviewed by construction auditor.

• Review of construction contracts and cost control procedures for the purpose of refining or special tailoring of requirements so as to facilitate auditing and construction cost control after those documents are put into use.

• Review of any other costs charged by a contractor or vendor.

• Assistance with negotiations over proposed costs.

E. Other Additional Clarifications:

1. RECS will require contractors/subcontractors/construction managers to submit labor and equipment rates for review and approval.

2. Project Budgeted/Cost of Construction

• Based on the preliminary study efforts The Guaranteed Maximum Price is estimated to be $19,800,000.00 in current dollars. This cost includes the Cost of the Work to be performed by the Design Architect, selected Construction Manager, the Construction Manager's fee, all expenses of the Construction Manager that are typically referred to as "reimbursable expenses," and all work to be performed by subcontractors. Work Packages may be added as funds become available.

3. Project Schedule:

• Construction is estimated to start November of 2024 and is to be substantially complete by December, 2025 and must include all required State reviews, as described in the State’s Design Guidelines. With Final Completion in December of 2025, Closeout may extend Auditing Services into February of 2026.

4. Required design disciplines: n/a

5. Required specialty disciplines: Construction Auditing Services

6. Existing infrastructure systems: n/a

7. Anticipated Consultant Fees: Submit Exhibit B- Fee Proposal

8. Project Delivery Mode: Construction Manager at Risk as modified by the State of Minnesota’s A201 and A133 CMr.

2.0 Responsibilities and Instruments of Service/Deliverables

Basic Services include, but are not limited to:

2.1 Exhibits requested here-in

2.2 E-mailed reports at each reporting or visit milestone listed in 1.2 above.

2.3 Project Close-out Audit to include E-mailed reports, and (4) hard copies and thumb-drives for the following parties (one each):

a. RECS PM

b. RECS file

c. SEOC Central Office c/o Kevin Reed

d. RSP Architects

3.0 Qualifications Proposal

Summarize submittal information using Exhibit C – Qualifications Proposal.

4.0 Reference Documents:

Services are to be provided in compliance with policies and guidelines identified below.

American Institute of Architects (AIA) General Conditions of the Contract for Construction, as modified by the State of Minnesota for CMr projects, including:

• AIA Document A201 – General Conditions of the Contract for Construction

• AIA Document A133 – Standard Form of Agreement Between Owner and Construction

Manager

Professional Technical Services Contract:

Consultant shall provide services and instruments of service/deliverables in accordance with the State’s Professional and Technical Service Contract (PTSC). The State’s PTSC is enclosed with this Request For Proposal; the associated services and instruments of service/deliverables have been edited to be project specific. The “boiler-plate” PTSC can also be viewed online at.

http://mn.gov/admin/business/vendor-info/construction-projects/manuals-guidelines-forms/forms/index.jsp

Consultant Performance Evaluation The State will evaluate the Consultant’s and/or subconsultants’ performance for work provided.

http://mn.gov/admin/business/vendor-info/construction-projects/manuals-guidelines-forms/forms/index.jsp http://mn.gov/admin/business/vendor-info/construction-projects/manuals-guidelines-forms/forms/index.jsp

Exhibit B - Fee Proposal

Exhibit B – Fee Proposal

Name of Project: Construction Auditing Services for Sunrise & Tomlinson Renovation Phase 2 Project Facility: MSOP St. Peter Project Location: St. Peter, MN RECS Project No.: 55SR0153 Primary Consultant Firm: (Name and Address) Contact Person:

Phone:

Email:

(Submit an Exhibit B sheet for all subconsultants. Include the all-inclusive fee on Primary Consultant Firm’s Fee Proposal)

Proposed Compensation:

Fee summary Sunrise Bldg.

Amount

Tomlinson Bldg.

Amount % of Total

Professional Fees – Basic Professional and Technical Services* - - Construction Audit Services - Not to Exceed Fee Design and construction pay application reviews, estimate verifications, and other needed auditing services.

$ $ 100

Total Basic Professional and Technical Services $ $ 100

Total Compensation

(Fees + Reimbursable expenses)

* Not to exceed ** Markup is not allowed on Subconsultant fee *** Reimbursables not allowed. All printing, plans, delivery, electronic files, mail, phone, mileage, travel expense need to be included in our Total Compensation amount above.

Exhibit B - Fee Proposal

Exhibit B1 – Average Hourly Rate

Average Hourly Rate:

The Responder must submit an hourly rate schedule for all disciplines/sub-consultants, by position, to apply to any additional services approved in writing by the State. The hourly rate schedule will be in effect for the duration of the project, except by State’s approved changes.

Proposed Average Hourly Rate:

Provide the following:

1. Estimate total hours by position and…