RFQ 2027-101 CMAR Copeland Basin Complex Expansion.pdf
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- Attached to
- RFSQ CMAR for Copeland Basin Complex Expansion
- Solicitation number
- 2027-101
- Issued by
- Cochise County, Arizona
About this file
Summary
This is a Request for Statements of Qualifications (RFQ 2027-101) issued by the Coconino County Flood Control District for Construction Manager at Risk (CMAR) services for the U.S. 89 Flood Mitigation Project involving expansion of the Copeland Basin Complex in the Timberline Area north of Flagstaff, Arizona. The project addresses post-wildfire flood mitigation infrastructure improvements following the Pipeline Fire, which burned 26,532 acres in June 2022 and caused repeated closures of U.S. Highway 89. The scope of work includes value engineering, cost estimating, expansion of five existing detention basins into four larger basins requiring approximately 350,000 cubic yards of excavation (with 35,000 cubic yards placeable on-site), four concrete flood control structures, outlet banks, headwalls, rip-rap, access roads, guardrails, handrails, fencing, and hydroseeding. The District has engaged Ardurra Engineering, Inc. for engineering design and JE Fuller for hydrologic modeling, with 60% of design plans already completed and the NEPA process underway. A pre-proposal meeting is scheduled for September 10, 2026, at 11:00 AM via Microsoft Teams. Statements of Qualifications are due by September 30, 2026, at 2:00 PM through the Ion Wave Technologies web portal. The anticipated construction season runs from November 2026 through June 2027, with substantial completion targeted for June 30, 2027, and final completion by July 15, 2027. This is a one-step qualifications-based selection process per Arizona Revised Statutes § 34-601 through § 34-612, with the District intending to award one contract to the best-qualified respondent; short-listed firms may be invited for interviews before contract negotiations commence.
The District has secured $15,590,568 in U.S. Department of Transportation PROTECT grant funding and $3,705,842 in Arizona SMART grant funding from the State Transportation Board, with additional match funds provided by the District. Vendors must be registered with the Arizona Corporation Commission and authorized to conduct business in Arizona. Evaluation criteria include general information (10 points), experience and qualifications of the vendor with CMAR delivery methods and similar detention basin projects (30 points), key personnel qualifications (15 points), project approach and management philosophy (20 points), and specific capabilities and experience in the project area including post-wildfire flood mitigation and federal funding requirements (25 points), for a total of 100 points on the written SOQ. Successful vendors must demonstrate completion of at least five similar projects within the past 60 months and provide references for verification. The selected CMAR contractor will work under a phased agreement model beginning with pre-construction services on an hourly basis with a not-to-exceed fee, followed by submission of a Guaranteed Maximum Price (GMP) proposal for construction, which may be structured as a single GMP or multiple GMPs at the District's discretion. Women and minority-owned businesses are encouraged to submit proposals, and the Construction Manager is required to use best efforts to utilize minority business enterprises, women business enterprises, and local contractors or suppliers.
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REQUEST FOR STATEMENTS OF QUALIFICATIONS
Coconino County Flood Control District
5600 E. Commerce Ave.
Flagstaff, AZ 86004
NOTICE IS HEREBY GIVEN that Statements of Qualifications (SOQs) will be received by the
Clerk of the Board of Supervisors/Flood Control District Board of Directors for furnishing the following items or services to the Coconino County Flood Control District (District) as follows:
UNTIL: September 30th, 2026, 2:00PM
RFQ: 2027-101
ITEM: Construction Manager at Risk (CMAR): U.S. 89 Flood Mitigation Project – Copeland
Basin Complex Expansion - Pipeline Flood Area
Proposal documents and forms are available at the Ion Wave Technologies web site at https://coconino.ionwave.net
Request for Statements of Qualifications shall be received, and firms that have submitted proposals shall be announced by the District. This is a one-step qualifications-based selection process as authorized by A.R.S. § 34-601 through § 34-612. The District intends to award one contract to the best-qualified respondent. An evaluation committee shall select, in order of preference and based on the criteria established, a short list of firms deemed qualified to provide the services required.
The evaluation committee shall base its selections on demonstrated competence and qualifications only, and shall not consider fees, price man-hours, or other cost information when selecting firms for the short list. After a short list is selected, interviews with the top selected firms may be conducted and then negotiations may commence with one or more firms. The negotiations shall include consideration of compensation and other contract terms and conditions the District determines to be fair and reasonable. In making this determination, the District shall consider the estimated value, the scope, complexity and nature of the required services.
A pre-proposal meeting will be held via Teams on Thursday, September 10, 2026, at 11:00 am local time. The link to this meeting can be found within this document. While this meeting is not mandatory, all interested firms are strongly encouraged to attend.
https://coconino.ionwave.net/
COCONINO COUNTY FLOOD CONTROL DISTRICT
TABLE OF CONTENTS
Section A
Page
PART I. Introduction; Background; Schedule A-1
PART II. Scope of Work; RFQ Process; Award of Agreement A-2
PART III. Statement of Qualifications Format; Scoring A-7
PART IV. Oral Interviews; Scoring A-11
PART V. Vendor Information Form A-13
Section B
PART I. Sample Construction Manager at Risk Agreement B-1
SECTION A
6323788.1.
A-1
PART I. INTRODUCTION; BACKGROUND; SCHEDULE
1.1 Introduction. The Coconino County Flood Control District (“District”) is seeking
Statements of Qualifications (“SOQ”) from qualified, licensed firms interested in providing
Construction Manager at Risk (“CMAR”) services involving post-wildfire flood mitigation for
U.S. Highway 89 infrastructure improvements at the Copeland Detention Basin Complex in the
Timberline Area north of Flagstaff, AZ.
The District has engaged Ardurra Engineering, Inc. to provide engineering design and JE
Fuller to perform hydrologic modeling for the proposed systems. 60% of Design Plans for this project are in Exhibit B. The selected CMAR contractor will work with Ardurra Engineering, Civiltec Engineering, JE Fuller Hydrology, District staff, and additional stakeholders towards successful completion of design and construction. It is the District’s desire to engage the CMAR as soon as possible and it is expected that the selected firm will work closely with the engineering firms.
1.2 Background. The Pipeline Fire was reported on June 12, 2022, approximately 6 miles north of Flagstaff within the Coconino National Forest. The fire burned 26,532 acres including re-burn of the 2010 Schultz Fire. The Pipeline Fire impacted 9 watersheds and subsequent monsoon rainfall resulted in flooding and significant damage in both County and City of Flagstaff areas. In the County, the areas of Timberline, Fernwood and Doney Park were heavily impacted by post-wildfire flooding, including U.S Highway 89, which was closed 13 times in
2022.
The District, with the support of Metro Plan applied for and received a U.S. Department of
Transportation PROTECT grant totaling $15,590,568 and a $3,705,842 AZ SMART grant from the
State Transportation Board for the grant match. The District is also providing match funds. Funding for this project also includes highway flood mitigation in the Government Tank Flood Corridor area, which is not included in the CMAR. Please see Request for Qualifications, 2027-100 for the
Government Tank Highway Flood Mitigation Project.
To date, the District’s team has completed 60% of the engineering plans and the NEPA process.
CMAR SOQ Plans
1.3 Schedule.
Pre-Proposal Meeting – September 10, 2026, 11:00AM Local Time – Virtual Meeting
Final Date for Inquiries: September 23rd, 2:00 pm
SOQ Due Date/Time: Wednesday, September 30th, 2026, 2:00PM
Interviews with short-listed firm (District’s decision to hold interviews) https://ardurra.sharepoint.com/:f:/s/SharedFiles/IgCyegLgqNEyQJGhZJgw-gUXAWZjM1STpIfcxDNNRN-Yn9s?e=dsob6r
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PART II. RFQ PROCESS; AWARD OF AGREEMENT
2.1 Purpose; Scope of Work. The general scope of work for the Project includes, but is not limited to, value engineering, cost estimating, expansion of the 5 existing detention basins into
4 larger and deeper basins requiring significant excavation, grading and transport of spoils. The excavation quantity is approximately 350,000 cubic yards (CY) of which approximately 35,000
CY can be placed on-site. There are 4 concrete flood control structures, 2 – 2 pipe outlet banks, headwalls, rip-rap, wire-tied rip-rap, maintenance access roads, guardrail, handrail, other safety measures, fencing and hydroseeding.
Currently Ardurra Engineering is designing an expansion of the Copeland Detention Basin facility that would reduce flows to the highway so the depth of flows overtopping the highway will be significantly reduced. Maintaining good community relations during construction in these neighborhoods is critical to success.
The District expects substantial completion by June 30, 2027, and final completion by July
15, 2027. The anticipated construction season for the work is from November 2026 through June
2027. It is an expectation that the contractor will be coordinating and constructing through that entire period and performing utility relocates late fall 2026.
The selected CMAR contractor will have civil construction challenges typical to high-elevation burned regions as found in Coconino County. The flood area has been flooded repeatedly with high sediment movement. Channels, roads and work areas can be unstable and prone to additional flooding.
2.2 Preparation/Submission of SOQ. Vendors are invited to participate in the competitive selection process for the Services outlined in this RFQ. Responding parties shall review their SOQ submissions to ensure the following requirements are met.
A. Irregular or Non-responsive SOQ. The District may consider as “irregular” or “non-responsive” and reject any SOQ not prepared and submitted in accordance with this RFQ, or any SOQ lacking sufficient information to enable the District to make a reasonable determination of compliance with the minimum qualifications. Unauthorized conditions, limitations, or provisions may be cause for rejection. An SOQ may be deemed non-responsive at any time during the evaluation process if, in the sole opinion of the District, any of the following are true:
(1) Vendors do not meet the minimum required skill, experience or requirements to perform or provide the Services.
(2) Vendor has a record of failing to fully perform or fulfill contractual obligations.
(3) Vendors cannot demonstrate financial stability.
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(4) Vendor’s SOQ contains false, inaccurate or misleading statements that, in the opinion of the District Administrator or authorized designee, are intended to mislead the District in its evaluation of the SOQ.
Submittal Method. Proposals shall be submitted through the Ion Wave system at https://coconino.ionwave.net . Late proposals will not be accepted by the system. Vendors must register with Ion Wave at the above web site if they have not already done so.
RFQs are due no later than 2:00 pm local time on Wednesday September 30th, 2026, and will be publicly opened at that time. The RFQ opening can be viewed on Microsoft Teams at the following link:
Microsoft Teams meeting
Join: https://teams.microsoft.com/meet/299116513293886?p=YslMRCckHH7HUrfX3F
Meeting ID: 299 116 513 293 886
Passcode: Gy33mX6W
Dial in by phone
+1 872-242-8971,,458412850#
Phone conference ID: 458 412 850#
B. Required Submittal. The SOQ shall be submitted with the documents necessary to meet all of the requirements of this solicitation, including the information required in
Part II below and the following:
(1) Cover letter introducing your company, summarizing your qualifications, and detailing any exceptions to this RFQ (please note that significant exceptions may make your proposal non-responsive). This letter should also provide principal contact information for this RFQ, including address, telephone number, e-mail address, and website (if applicable).
(2) Vendor Information Form, with original ink or secure electronic signature.
(3) References and list of known subcontractors or partners.
(4) An itemized description of how your company meets each of the minimum mandatory qualifications outlined in Section 3.2 (B)
(5) Resumes, Licenses and Certifications (if required for the Services).
C. Vendor Responsibilities. All Vendors shall (1) examine the entire RFQ, (2) seek clarification of any item or requirement that may not be clear, (3) check all responses for accuracy before submitting an SOQ and (4) submit the entire SOQ by the official SOQ Due Date and Time.
A late SOQ will not be accepted.
https://teams.microsoft.com/meet/299116513293886?p=YslMRCckHH7HUrfX3F tel:+18722428971,,458412850
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D. Online Submittals. All SOQs shall be submitted online through the Ion Wave system. Late proposals will not be accepted by the system. Proposals must be received as set forth in Section 2.2 (B) above. The District is not responsible for the pre-opening of, post-opening of, or the failure to open, any SOQ not properly submitted.
E. Address. The District’s address is Coconino County Flood Control District, 5600 E. Commerce Ave., Flagstaff, Arizona 86004.
F. Amendment/Withdrawal of SOQ. At any time prior to the specified SOQ
Due Date and Time, a Vendor (or designated representative) may amend or withdraw its SOQ through the Ion Wave system. Amendments or withdrawals outside the Ion Wave system will not be considered. No SOQ may be altered, amended or withdrawn after the specified SOQ Due Date and Time.
G. Woman and Minority Owned Businesses Woman and minority owned businesses are encouraged to submit proposals for this work. The Construction Manager shall also use best efforts to utilize minority business enterprises, women business enterprises, and local contractors or suppliers.
2.3 Cost of SOQ Preparation. The District does not reimburse the cost of developing, presenting or providing any response to this solicitation. An SOQ submitted for consideration should be prepared simply and economically, providing adequate information in a straightforward and concise manner. The Vendor is responsible for all costs incurred in responding to this RFQ. All materials and documents submitted in response to this RFQ become the property of the District and will not be returned.
2.4 Inquiries.
A. Written/Verbal Inquiries. If a Vendor is in doubt as to the true meaning of any part of the RFQ documents, or finds discrepancies in or omissions from said documents, he/she shall submit to the Ion Wave system a request for an interpretation or correction thereof. It is the responsibility of all Vendors to examine the entire set of RFQ documents and seek clarification of any item or requirement that may not be clear and to check all responses for accuracy prior to submitting a SOQ. Negligence in preparing a SOQ confers no right of withdrawal after due date and time.
B. Inquiries Answered. Questions received less than four days before the SOQ opening shall not be answered. Any interpretation or correction of the proposed documents will be made only by addendum through the Ion Wave system. The District is not responsible for any other explanations or interpretations of the documents.
C. Pre-Proposal Meeting. A Pre-Proposal meeting will be held via Teams on September 10, 2026, at 11:00 am local time. The Pre-Proposal meeting can be accessed through the following link:
Microsoft Teams meeting
Join: https://teams.microsoft.com/meet/298842838370353?p=gKi1pkd83T8eqN3Bes Meeting ID: 298 842 838 370 353
Passcode: zP9DQ9Aj https://teams.microsoft.com/meet/298842838370353?p=gKi1pkd83T8eqN3Bes
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Dial in by phone
+1 872-242-8971,,53247761# Phone conference ID: 532 477 61#
Vendors are strongly encouraged to attend the Pre-Proposal meeting, even if designated as non-mandatory. The purpose of this meeting will be to clarify the contents of this RFQ to prevent any misunderstanding of the District’s requirements. Any doubt as to the requirements of this RFQ or any apparent omission or discrepancy should be presented to the District at this meeting.
conference. The District may issue a written addendum to this RFQ. Oral statements or instructions are provided for informational purposes only and do not become a part of this RFQ. Any change to the RFQ shall be made in the form of an addendum.
2.5 Addenda. Any addendum issued as a result of any change in this RFQ shall become part of the RFQ and must be acknowledged in Ion Wave. Failure to indicate receipt of the addendum may result in the SOQ being rejected as non-responsive. It shall be the Vendor’s responsibility to check for addenda issued to this RFQ. Any addendum issued by the District with respect to this
RFQ will be available through the Ion Wave system at https://coconino.ionwave.net.
2.6 Public Record. All SOQ shall become the property of the District and shall become a matter of public record available for review, subsequent to the award notification, in accordance with the District’s Procurement Policy.
2.7 Confidential Information. If a Vendor believes that an SOQ or protest contains information that should be withheld from the public record, Vendor shall include in the submission a statement advising the RFQ Administrator of this fact and the information shall be clearly identified. The information identified by the Vendor as confidential shall not be disclosed until the
District Administrator, or authorized designee makes a written determination. The District
Administrator, or authorized designee shall review the statement and information with the District
Attorney and shall determine in writing whether the information shall be withheld. If the District
Attorney determines that it is proper to disclose the information, the RFQ Administrator shall inform the Vendor in writing of such a determination.
2.8 Vendor Licensing and Registration. Prior to the award of the Agreement, the successful Vendor shall be registered with the Arizona Corporation Commission and authorized to do business in Arizona. The Vendor shall provide licensure information with the SOQ. Corporations and limited liability companies shall be able to provide a Certificate of Good Standing from the
Arizona Corporation Commission.
2.9 Certification. By submitting an SOQ, the Vendor certifies the following:
A. No Collusion. The submission of the SOQ did not involve collusion or other anti-competitive practices.
B. No Discrimination. It shall not discriminate against any employee or applicant for employment in violation of Federal Executive Order 11246 or State Executive Order
2009-09.
tel:+18722428971,,53247761
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C. No Gratuity. It has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip favor or service to a District employee, officer or agent in connection with the submitted SOQ. It
(including the Vendor’s employees, representatives, agents, lobbyists, attorneys, and subcontractors) has refrained, under penalty of disqualification, from direct or indirect contact for the purpose of influencing the selection or creating bias in the selection process with any person who may play a part in the selection process, including the Selection Committee described below, elected officials, the District Administrator, Department Heads, and other District staff. Any attempt to influence the selection process by any means shall void the submitted SOQ and any resulting Agreement.
D. Financial Stability. It is financially stable, solvent and has adequate cash reserves to meet all financial obligations including any potential costs resulting from an award of the
Agreement.
E. No Signature/False or Misleading Statement. The signature on the cover letter of the SOQ and the Vendor Information Form is genuine, and the person signing has the authority to bind the Vendor. Failure to sign the cover letter and the Vendor Information Form, or signing either with a false or misleading statement, shall void the submitted SOQ and any resulting
F. Sample Agreement. In addition to reviewing and understanding the submittal requirements, it has reviewed the Sample Construction Manager at Risk Agreement, including all
Exhibits, located in Section B of this RFQ.
2.10 Award of Agreement.
A. Evaluation; Selection. A Selection Committee shall select, in order of preference and based on the criteria established, a short list of firms deemed to be qualified to provide the services required. The selection must be based on demonstrated competence and qualifications only. The Selection Committee shall not consider fees, price, man-hours, or other cost information when selecting the short list. After a short list is selected, interviews with the top selected firms may be conducted and then negotiations may commence for a contract with several firms for the required services. The contract negotiations shall include consideration of compensation and other contract terms and conditions the District determines to be fair and reasonable. In making this determination, the District shall consider the estimated value, scope, complexity, and nature of the required services.
B. Multiple Award. The District, at its sole discretion, may elect to enter into
Agreements with multiple Vendors who are qualified to provide the Services. The final terms and conditions of the proposed agreement will be negotiated by the District with the successful offerors.
C. Form of Agreement. The selected Vendor will be required to execute the
District’s standard Construction Manager at Risk Agreement in a form acceptable to the District
Attorney. A sample of the District’s standard Construction Manager at Risk Agreement is included in Section B of this RFQ. Approval of the District’s Board of Directors is required before any such agreement can take effect. The District reserves the right to terminate the selection process at any time.
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D. Waiver; Rejection; Reissuance. Notwithstanding any other provision of this
RFQ, the District expressly reserves the right to: (1) waive any immaterial defect or informality, (2) reject any or all SOQ or portions thereof and (3) cancel or reissue this RFQ.
E. Protests. Any Vendor may protest this RFQ, the proposed award of an agreement, or the proposed rejection of a Statement of Qualifications, by submitting a written protest to the Purchasing Manager. If the District issues notice of a proposed award or rejection, any protest of such proposed action must be received by the District within three business days of the notice.
Any protest of a proposed action by the Board must be received prior to the meeting for which such action is on the agenda. All protests will be considered in accordance with the Coconino County
Purchasing Policy. Detailed Protest instructions are available in Section 9 of the Coconino County
Purchasing Policy at http://coconino.az.gov/purchasing/.
2.11 Offer. An SOQ submittal is an offer to contract with the District based upon the terms, conditions and specifications contained in this RFQ, the attached Sample Construction
Manager at Risk Agreement, and the Vendor’s responsive SOQ, unless a written addendum or amendment modifies any of the terms, conditions, or specifications. Provided, however, that such offer shall not be deemed accepted, and no contractual relationship shall be established until the
District’s Board of Directors has approved, and both parties have fully executed, a Construction
Manager at Risk (CMAR) agreement between the District and the Vendor in a form acceptable to the District Attorney.
PART III. STATEMENT OF QUALIFICATIONS FORMAT; SCORING
3.1 Evaluation Process. Each submittal will be reviewed for compliance with the submittal requirements and scored by the Selection Committee. The Selection Committee shall determine if the selection can be made on the basis of the written materials only, or if oral interviews are necessary with up to three of the highest ranked Vendors based upon the SOQ submittal scoring.
3.2 Proposal Format and Scoring. The SOQ shall be organized and submitted in the format as outlined below. Failure to conform to the designated format, standards and minimum requirements shall result in a determination that the SOQ is non-responsive. Additionally, the
Selection Committee will evaluate and award points to each SOQ based upon the evaluation criteria as outlined in this document. The points listed below are the maximum number of points possible for each criterion and not the minimum number that the Selection Committee may award.
A. General Information - 10 pts.
(1) One-page cover letter as described in Subsection 1.2(C) (Required
Submittal).
(2) Provide Vendor identification information. Explain the Vendor’s legal organization including the legal name, address, UEI number and legal form of the
Vendor (e.g., partnership, corporation, joint venture, limited liability company, sole proprietorship). If a joint venture, identify the members of the joint venture and provide all of the information required under this section for each member. If a limited liability http://coconino.az.gov/purchasing/
A-8 company, provide the name of the member or members authorized to act on the company’s behalf. If the Vendor is a wholly owned subsidiary of another company, identify the parent company. If the corporation is a nonprofit corporation, provide nonprofit documentation.
Provide the name, address and telephone number of the person to contact concerning the
SOQ.
(3) Identify the location of the Vendor’s principal office and the local work office, if different from the principal office. Include any documentation that supports the Vendor’s authority to provide services in Arizona.
(4) Provide a general description of the Vendor proposing to provide the Services, including years in business.
(5) Identify any contract or subcontract held by the Vendor or officers of the Vendor that has been terminated within the last five years. Briefly describe the circumstances and the outcome.
(6) Identify any claims arising from a contract that resulted in litigation or arbitration within the last five years. Briefly describe the circumstances and the outcome.
(7) Vendor Information Form
B. Experience and Qualifications of the Vendor - 30 pts.
(1) Provide a detailed description of the Vendor’s experience in providing similar services to municipalities or other entities of a similar size to the District; specifically focusing on projects completed by utilizing the CMAR delivery method. A well-qualified Vendor will be expected to demonstrate ability and experience in the types a limited construction season, particularly related to construction of large detention basins meeting the engineering standards with the associated concrete structures and trucking of significant spoils. In addition, the contractor should demonstrate knowledge of and experience with planning for crew safety and productivity during the high fire season as well as the flash flood season. Lastly, the project may require securing a permit from ADOT to address access to the Copeland Detention Facility or for construction of the scope of work.
(2) The following minimum mandatory qualifications should be addressed:
(a) Describe your firm’s experience dealing with typically anticipated construction conditions, including seasonal considerations, local scheduling considerations, impacts on the public, and a shortened construction season. The team hired by the District must be familiar with local community needs, standards, historical challenges, local codes and site conditions. Additionally, the team must be accessible to District staff and FHWA personnel during the contracting design and construction phase.
(b) Resolution of issues may be part of the project work. Describe your response protocol and how the firm’s Project Manager (or responsible person in charge) will be accessible to District staff and FHWA.
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(c) Explain why your firm is particularly qualified to perform your services in the Pipeline Flood/Fire area. Demonstrate your firm’s knowledge of local geology, climate, materials, and drainage by specifying in the submittal their experience working in the areas impacted by post-wildfire flooding near Flagstaff, Arizona or in areas characterized by equivalent conditions.
(3) Vendor must demonstrate successful completion of at least five similar projects within the past 60 months. For the purpose of this Solicitation, “successful completion” means completion of a project within the established schedule and budget and “similar projects” resemble this project in size, nature and scope. Provide a list of at least five organizations for which you successfully completed a similar project. This list shall include, at a minimum, the following information:
a. Name of company or organization.
b. Contact name.
c. Contact address, telephone number and e-mail address.
d. Type of services provided.
e. Dates of contract initiation and expiration.
These references will be checked, and it is the Vendor’s responsibility to ensure that all information is accurate and current. Vendor authorizes the District to verify all information from these references and releases all those concerned from any liability in connection with the information they provide. The inability of the District to verify references may result in the SOQ being considered non-responsive.
(4) The District may conduct any investigation deemed necessary to determine the Vendor’s ability to perform the project. Vendors may be requested to submit additional documentation within 72 hours (or as specified) to assist the District in its evaluation.
C. Key Positions - 15 pts.
(1) Identify each key personnel member that will render services to the
District including title and relevant experience required, including the proposed project manager and project staff.
(2) Provide resumes of the CMAR team that will be directly involved in the Project, including their experience with similar projects in geographic and climatic areas similar to the areas impacted by post-wildfire flooding near Flagstaff, Arizona.
Indicate specific experience with CMAR projects and specifically discuss the Project
Manager’s experience contributing input to a CMAR project and process. Indicate the number of years each team member has had with the firm. Work experience must state if it was completed at a different firm. Identify Professional Registrations or Contractor
Licenses held by the Key Personnel.
(3) Describe, in graphic and written form, the proposed Project assignments and lines of authority and communication for each team member, including
A-10 subcontractors, to be directly involved in the Project. Indicate the estimated percentage of time these team members will be involved in the Project for Pre-construction and
Construction Services. If your organizational structure changes for the Construction phase, then provide a description of the changes in graphic and written form. Please elaborate on your firm’s understanding of the CMAR’s role and responsibilities.
(4) Any other information the Respondent believes relevant to this section that indicates the Project Team’s unique qualifications and experience. Changes in personnel will require approval by the District.
D. Project Approach - 20 pts.
(1) Describe the Vendor’s approach to performing the required Services in the Scope of Work described in the Sample Construction Manager at Risk Agreement in Exhibit B, including the following processes:
(a) Describe the firm’s ability to respond to short lead-time schedules and available resources to complete the work.
(b) How will your firm incorporate this project into your standard workload? It is critical that you provide detailed information regarding your resources (equipment and staffing) to complete the planned projects within the given timeframe.
(c) Describe your firm’s management philosophy for the
CMAR construction delivery method.
(d) Describe how the team will handle quality control, specifically how design issues would be monitored and resolved, plans checked and cross-referenced, and bid documents ensured to be complete, accurate, omission-free and coordinated with subcontractors.
(e) Describe your contributions to value engineering and how they improved the project’s quality, reduced the cost (without reducing the quality) and/or improved the timeline. Give examples.
(f) During construction, what is the response time by a qualified person (decision-making authority) to meet in person and resolve concerns and to accommodate unforeseen issues?
(2) Describe any alternate approaches if it is believed that such an approach would best suit the needs of the District. Include rationale for alternate approaches and indicate how the Vendor will ensure that all efforts are coordinated with the District’s Representatives.
E. Project Area - 25 pts.
Provide a detailed overview of your firm’s capabilities and specific experience with the project area geology and flood mitigation issues, addressing:
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i. Describe your firm’s experience dealing with typically anticipated construction conditions including seasonal considerations, local scheduling considerations, impacts on the public and a shortened construction season. The team hired by the District must be familiar with local community needs, standards, historical challenges, local codes and site conditions. Additionally, the team must be accessible to District staff and NRCS personnel during the contracting design and construction phase.
ii. Resolution of issues may be part of the project work. Describe your response protocol and how the firm’s Project Manager (or responsible person in charge) will be accessible to District staff and FHWA.
iii. Explain your experience working under federal funding requirements, and specifically FHWA requirements.
iv. Explain why your firm is particularly qualified to perform the services in the area outlined in Section 2.1. Demonstrate the Project Manager’s (or responsible person in charge) knowledge of local geology, climate practices, materials, expected flood mitigation measures and codes by specifying in the submittal their experience working in the areas impacted by post-wildfire flooding near Flagstaff, Arizona or in areas characterized by equivalent conditions.
Total Possible Points for SOQ Submittal: 100
PART IV. ORAL INTERVIEWS; SCORING
If a Vendor cannot be selected based solely on the SOQ submitted, up to three Vendors may be selected for oral interviews. The selected Vendors will be invited to participate in discussions with the Selection Committee. Vendors may be given additional information for these oral interviews, which will focus on the following topics in descending order of importance:
• Experience of Project Team working with similar projects of similar scope in similar geographic areas.
• Ability to communicate and interact with the evaluation team.
• Experience working with federally funded projects.
• CMAR approach, methodology, value engineering and experience.
• Risk Assessment and solutions.
• Experience with similar Flood Control Projects.
• Demonstrated ability to meet schedule, control cost and ensure quality.
• Past Performance with the District and with other jurisdictions, including history of litigation or default.
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Possible interview points will be allocated as indicated below:
Oral Interview
40 Experience and Qualifications of the Vendor
30 Key Positions
30 Project Approach
100 Total Possible Points for Oral Interview
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PART V. VENDOR INFORMATION FORM
By submitting a Statement of Qualifications, the submitting Vendor certifies that it has reviewed the administrative information and the terms and conditions of the Sample Construction Manager at Risk Agreement and, if awarded the Agreement, agrees to be bound thereto.
VENDOR SUBMITTING SOQ
PRINTED NAME AND TITLE AUTHORIZED SIGNATURE
ADDRESS TELEPHONE
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ARIZONA CORPORATION COMMISSION FILE NO.
SECTION B
6323788.1
SAMPLE CONSTRUCTION MANAGER
AT RISK AGREEMENT
BETWEEN
AND
THIS CONSTRUCTION MANAGER AT RISK AGREEMENT (this “Agreement”) is made , 2026, by and between the Coconino County Flood Control District (the
“District”), and , a(n) (the “Construction Manager”), for design phase review and complete construction services related to , located at
, and other items as deemed necessary by the District (the
“Project”). The District and the Construction Manager are referred to herein individually as a
“Party” and collectively as the “Parties.”
ARTICLE 1
GENERAL
1.1 Project Summary. The Construction Manager shall perform all pre-construction services set forth in Article 2 below (the “Pre-Construction Services”) and, subject to Section 1.2 below, management and construction services set forth in Article 4 below (the “Construction
Services”) (the Pre-Construction Services and the Construction Services are collectively referred to as the “Services”), including providing all material, equipment, tools, and labor necessary to complete the Work (as defined below) described herein and reasonably inferable from the Contract
Documents (as defined below), including the upgrades and improvements to be encompassed in the Project. The Construction Manager will also coordinate with and provide comments to
(the “Project Designers”) to ensure that the Project design is constructible within the established budget.
1.2 Phased Agreement. The Services contemplated by this Agreement shall be carried out in several distinct phases. The initial Services shall be to provide Pre-Construction Services including (A) such environmental investigation services as applicable pursuant to Section 2.1 below, (B) review of the Project Designers’ Construction Documents pursuant to Section 2.2 below, and (C) the Pre-Construction Phase General Services, pursuant to Section 2.3 below (the
“Pre-Construction Phase General Services”). The Construction Manager shall be compensated on an hourly basis, at the agreed-upon hourly rates and a stipulated not-to-exceed total fee, for the
Pre-Construction Services as set forth in Section 7.1 below, provided that such services may extend through the construction phase for various components of the Project. At the point in the Pre-
Construction Services as determined by the District, the District may, in its sole discretion, request that the Construction Manager submit a proposal for a guaranteed maximum price (“GMP”) for construction of the Project, which may be submitted as a single GMP or as multiple GMPs at the
District’s sole discretion. The Construction Manager shall prepare and submit the GMP Proposals pursuant to Article 3 below. If the District and the Construction Manager agree upon the respective
GMP Proposals, the Construction Manager shall furnish, with respect to each GMP Proposal (A) such environmental investigation services as applicable pursuant to Section 2.1 below, and (B) the
Construction Services set forth in Article 4 below. If the District and the
Construction Manager cannot, after good faith efforts, agree on the GMP, the District may, in its sole discretion, terminate this Agreement (subject to the terms and conditions set forth in Section
12.2 below).
1.3 Definitions.
A. “Additional Services” means services not initially included as part of the
Work, but which are later identified as necessary or desirable by the District, as more fully described in Section 4.17 below.
B. “Applicable Law” means any law, rule, code, regulation, requirement, action, determination, guideline, or order of, or any legal entitlement issued by, any governmental body having jurisdiction, applicable or relating to the design, permitting, construction, equipping, financing, ownership, possession, or any other transaction or matter contemplated hereby relating to the design and construction of the Project, and includes the Federally Funded Project
Requirements attached hereto as Exhibit M and incorporated herein by reference.
C. “Change Order” means a contract amendment issued after execution of this
Agreement or future GMP Amendments signed by the District, Construction Manager, and other parties, as may be required or appropriate, agreeing to an addition, deletion, or revision in the scope of Work, an adjustment to the Contract Price, an adjustment to the Contract Time, or other modifications to Contract terms.
D. “Construction Documents” means the plans, Specifications, drawings, and special provisions prepared by the Project Designers after correcting for permit review requirements, and as approved by the District. The Construction Documents, once approved by the District as 100% complete, shall be attached hereto as Exhibit A and incorporated herein by reference.
E. “Construction Fee” means the portion of Construction Manager’s compensation not related to Direct Construction Costs, as set forth in Subsection 3.4 below.
F. “Contract Documents” means all of the following:
1. Change Orders and written amendments to this Agreement, including the amendments, if any, relating to the respective GMPs (the “GMP
Amendments”), signed by both District and the Construction Manager, attached hereto as
Exhibit B and incorporated herein by reference.
2. This Agreement.
3. The Construction Documents.
4. The Construction Manager’s Guaranteed Maximum Price Proposals
(the “GMP Proposals”), attached hereto as Exhibit C and incorporated herein by reference, including but not limited to:
a. The Construction Manager’s proposed scope of services and fee breakdown for each GMP Proposal (the “Scope”).
b. The Master Schedule relating to the applicable Scope developed in accordance with Subsection 2.3(C) below and updated as set forth in this Agreement, attached hereto as Exhibit D and incorporated herein by reference.
5. The District’s Request for Qualifications (the “RFQ”), attached hereto as Exhibit E and incorporated herein by reference.
6. The Construction Manager’s response to The District’s RFQ, attached hereto as Exhibit F and incorporated herein by reference.
In case of any inconsistency, conflict, or ambiguity among the Contract Documents, the documents shall govern in the order in which they are listed above.
G. “Contract Price” means the total compensation to be paid to the
Construction Manager, as more fully described in Article 7 below.
H. “Contract Time” means the Days, as set forth in Article 6, indicating the period of time, including authorized adjustments, allotted in the Contract Documents to achieve
Substantial Completion of the Work.
I. “Cost Model” means the detailed cost information for the Project as described in Subsection 2.3(D) below.
J. “Cost of the Work” means the portion of Direct Construction Costs necessarily incurred by the Construction Manager in the proper performance of the Work as more specifically set forth in Section 3.3(B) below.
K. “Critical Path” means the sequence of activities from the start of the Work to Substantial Completion of the Project for which any delay in the completion of these activities will delay achieving Substantial Completion.
L. “Day(s)” means calendar day(s) unless otherwise specifically noted in the
Contract Documents.
M. “Differing Site Conditions” means concealed or latent physical conditions or subsurface conditions at the Site that (1) materially differ from the conditions indicated in the
Contract Documents or (2) are of an unusual nature, differing materially from the conditions ordinarily encountered and generally recognized in the area of the Site as inherent in the Work.
N. “Direct Construction Costs” means General Conditions Costs and Cost of the Work as set forth in Section 3.3 below.
O. “Environmental Conditions” means collectively, Hazardous Materials and
Underground Storage Tanks.
P. “Environmental Damages” means all claims, judgments, damages, losses, penalties, fines, liabilities, encumbrances, liens, costs, and expenses of investigation and defense of any claim, including, without limitation, attorney’s fees, that are incurred at any time as a result of the existence of Environmental Conditions upon, about, or beneath the Project Site or migrating or threatening to migrate to or from the Site, and including, without limitation:
1. Damages for personal injury, or injury to property or to natural resources occurring upon or off the Site.
2. Fees incurred for the services of attorneys, consultants, the
Construction Manager, experts, laboratories, and all other costs incurred in connection with the investigation or remediation of such Environmental Conditions or violation of
Environmental Requirements.
3. Liability to any third party or governmental agency or political subdivision to indemnify such party, agency, or political subdivision for costs expended in connection with the items listed in Subsections 1.3(P)(1) and (2) above.
Q. “Environmental Requirements” means all Applicable Laws, statutes, regulations, rules, ordinances, common law codes, licenses, permits, orders, and similar items of all governmental agencies or other instrumentalities of the United States, the State of Arizona, Coconino County, and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to health, safety, any Hazardous Materials, or the environment, including, without limitation, the Solid Waste Disposal Act, 42 U.S.C. §§ 6901 et seq.; the Comprehensive
Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. §§ 9601 et seq.
(“CERCLA”), as amended by the Superfund Amendments and Reauthorization Act of 1986
(“SARA”); the Hazardous Materials Transportation Act, 49 U.S.C. §§ 1801 et seq.; the Federal
Water Pollution Control Act, 33 U.S.C. §§ 1251 et seq.; the Clean Air Act, 42 U.S.C. §§ 7401 et seq.; the Toxic Substances Control Act, 15 U.S.C. §§ 2601 et seq.; the Safe Drinking Water Act, 42 U.S.C. §§ 300f et seq.; the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. §§ 136 et seq.; the Arizona Environmental Quality Act (Title 49, Arizona Revised Statutes); all requirements, including but not limited to, those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of
Hazardous Materials into the air, surface water, ground water, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of
Hazardous Materials; and any other local, state, or federal environmental statutes, and all rules, regulations, orders, and decrees now or in the future promulgated under any of the foregoing, as any of the foregoing now exist or may be changed or amended or come into effect in the future.
R. “Final Completion” means completion of the Project, including Punch List items, by the Construction Manager in accordance with the Contract Documents, certified to
District by the Construction Manager.
S. “Float” means the number of Days by which an activity can be delayed without lengthening the Critical Path and extending the Substantial Completion date.
T. “General Conditions Costs” means a portion of the costs incurred by the
Construction Manager during the construction phase, as set forth in Section 3.3(A) below.
U. “District ’s Contingency” means a fund used at the discretion of the
District, usually for costs that result from District-directed changes.
V. “Hazardous Materials” means any substance:
1. Defined as a “regulated substance” within the meaning of Subtitle I of the Resource Conservation and Recovery Act (“RCRA”), 42 U.S.C. §§ 6691 et seq., as amended from time to time, and regulations promulgated thereunder.
2. Designated as a “hazardous substance” pursuant to Section 311 of the Clean Water Act, 33 U.S.C. § 1321, as amended from time to time, and the regulations promulgated thereunder, or listed pursuant to Section 307 of the Clean Water Act, 33
U.S.C. § 1317, as amended from time to time, and the regulations promulgated thereunder.
3. Defined as “hazardous,” “toxic,” or otherwise regulated, under any
Environmental Requirements adopted by the state of Arizona, or its agencies or political subdivisions.
4. Containing asbestos or asbestos-containing materials.
5. The presence of which requires notification, investigation, or remediation under federal, state, or local law, statute, regulation, ordinance, order, action, policy, or common law.
6. Which is or becomes defined as a “hazardous waste,” “hazardous substance,” pollutant, or contaminant under any federal, state, or local law, statute, regulation, rule, or ordinance, or amendments thereto.
7. Which is petroleum, petroleum products, including crude oil or any fraction thereof not otherwise designated as a “hazardous substance” under CERCLA, including without limitation gasoline, diesel fuel, or other petroleum hydrocarbons; and, ethanol, methyl tertiary butyl ether, or derivatives or constituents of or vapors from any of the foregoing.
8. Which is toxic, explosive, corrosive, flammable, infectious, radioactive, carcinogenic, mutagenic, or otherwise hazardous and is or becomes regulated by any governmental authority or instrumentality of the United States or the State of
Arizona.
9. The presence of which on the Project Site causes or threatens to cause a nuisance upon the Project Site or to the adjacent properties or poses or threatens to pose a hazard to the health or safety of persons on or about the Project Site.
10. The presence of which on adjacent properties could constitute a trespass by the Construction Manager or the District.
W. “MAG Specifications” means, collectively, the “Uniform Standard
Specifications for Public Works Construction,” current edition as of the date of Contract award, and the “Uniform Standard Details for Public Works Construction,” current edition as of the date of Contract award, which are sponsored and distributed by the Maricopa
Association of Governments (“MAG”).
X. “Master Schedule” is defined as set forth in Subsection 2.3(C) below.
Y. “Minor Adjustment” means a written order prepared and signed by District and the Construction Manager, approving a change in the Work that does not require an adjustment in the Contract Price or the Contract Time.
Z. “Project Record Document(s)” means the document(s) created pursuant to
Section 4.12.
AA “Punch List” means that list of items provided by District to the Construction
Manager at the time of Substantial Completion indicating items to be completed or corrected, including the time for completion or correction by the Construction Manager after Substantial
Completion.
AB. “Shop Drawings” means drawings, diagrams, schedules, and other data specially prepared for the Work by the Construction Manager or a Subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work.
AC. “Site” means the land or premises on which the Project is located.
AD. “Specifications” means the part(s) of the Contract Documents for the construction phase consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto.
AE. “Subcontractor” means a person or entity employed or engaged by the
Construction Manager or any person or entity directly or indirectly in privity with the Construction
Manager to perform any portion of the Work. The term Subcontractor does not include any separate contractor employed by the District.
AF. “Substantial Completion” means construction has been completed in accordance with the Contract Documents to the extent that District can use or occupy the entire
Project, or the designated portion of the Project for the use intended without any outstanding, concurrent construction at the Site, except as may be required to complete or correct Punch List items.
AG. “Underground Storage Tank” shall have the definition assigned to that term by § 9001 of RCRA, 42 U.S.C. § 6991, as amended, and also shall include (1) any tank of 1,100 gallons or less capacity used for storing motor fuel; (2) any tank used for storing heating oil for consumption on the premises where stored; (3) any tank used for storing waste oil; (4) any septic tank; and (5) any pipes with oil dispensers connected to items listed in clauses 1.3(AG)(1) and
1.3(AG)(2) above.
AH. The “Work” means, collectively, the (1) environmental investigation set forth in Section 2.1 below, (2) Review of Construction Documents and design remedies set forth in
Section 2.2 below, (3) Pre-construction Phase General Services set forth in Section 2.3 below,
(4) Construction Services provided in accordance with Article 4 below, if applicable,
(5) Additional Services that may be provided pursuant to an approved Minor Adjustment or
Change Order in accordance with Article 8 below, and (6) other services that are necessary to complete the Project in accordance with and reasonably inferable from the Contract Documents.
1.4 Cooperative Relationship.
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