RFQ for Select Bid Process Clendenin Final.doc

Kennesaw State University Request for Qualifications (RFQ)

# PE-54300-RFQC-2025-000000063

(Step I) and

Request for Competitive Sealed Bids

(Step II)

To Provide General Contractor Services for

Project No.

KSU Project No. 275-25-252 Clendenin North South and West Building Envelope Repairs Kennesaw State University Kennesaw Campus Solicitation Issue Date:

February 25, 2025 Qualifications Packages Due:

March 26, 2025

I. REQUEST FOR QUALIFICATIONS

General Contractor Services for Project No 275-25-252 Clendenin North South and West Building Envelope Repairs Kennesaw State University(KSU) Kennesaw Campus Kennesaw State University ( KSU) is soliciting Statements of Qualifications from firms interested in providing General Contractor (“GC”) services for the project known as Project No. 275-25-252, Clendenin North South and West Building Envelope Repairs This Request for Qualifications (RFQ) seeks to identify the most qualified potential providers of the above-mentioned services. Firms determined by the Owner to be the most qualified for this project, will be invited to offer Competitive Sealed Bids for these services. All respondents to this RFQ are subject to instructions communicated in this document and additional terms and conditions listed in the Owner’s Request for Qualifications / Request for Competitive Sealed Bids (RFQ/RFP). KSU reserves the right to reject any or all statements of qualifications or proposals, and to waive technicalities and informalities at the discretion of the BOR.

Restriction of Communication: From the issue date of this (RFQ/RFP) solicitation until a successful proposer is selected and the selection is announced, proposers are not allowed to communicate for any reason with any members of the Selection Committee, the Using Agency, or the Architect, except for submission of questions as instructed in the RFQ and RFP, or during any site visit or conference (if applicable), or as provided by any existing work agreement(s). For violation of this provision, the Owner reserves the right to reject the proposal of the offending proposer.

1. GENERAL PROJECT INFORMATION

Project Background The Clendenin Building, located at 275 Kennesaw State University RD NW, on the Kennesaw Campus, is a notable facility within Kennesaw State University (KSU). It serves as one of the locations for the Department of Mathematics, housing faculty offices and classrooms. In the spring of 2024, a limited water leak repair project was initiated. In the summer of 2024, the project kicked off, and initial demolition around the east facade revealed life safety and structural concerns. Further probing on the north, South, and West facades indicated serious deficiencies with the brick cladding around the building. The structural engineer recommended that the brick be removed expeditiously on all sides to prevent the brick from collapsing. The project aims to remove and replace the brick on all three (North, South, and West) sides of the building. The brick on the east side is being replaced by a GC as part of the original water leak repair project.

Project Description The scope of work for this project will include removing the façade- brick on all three remaining sides (North, South and west façade ) of the building, waterproofing, installing new code compliant brick ties, repair of brick lintels and repair of structural deficiencies and brick installation as noted on the construction drawings. The construction drawings have been completed for this scope of work. The brick removal and replacement of the East façade is in progress.

Project Delivery Method

The delivery method for this Project will be design-bid-build and, as a minimum, will employ the services of a Design Professional and a Commissioning Agent in addition to the services of the General Contractor.

Construction Cost The Stated Cost Limitation (SCL) for this project is $1,600,000. The final SCL may be revised by the Owner due to final programmatic requirements, funding availability or other circumstances.

Project Schedule The firm Epsten Group has developed CD’s which will be available to eligible firms by April 1st. It is anticipated that construction will begin May 2025 and be completed within 90 days. (All of the dates above are estimates which are subject to change.)

Sustainability

The project is subject to the Georgia Energy Efficiency and Sustainable Construction Act of 2008 and it is the desire of the Owner to incorporate sustainable design and construction concepts in the project where feasible to do so.

General Contractor Services

The GC will be responsible for methods of construction, safety, and the scheduling and coordination of the work of all construction and miscellaneous contracts required for completion of the project within its bid price and schedule. The successful GC will be required to coordinate and work harmoniously with the Owner’s consultants, and any other agency (local, state, federal) that may have an impact on the outcome of the project, including the Construction Manager currently on-site completing the east façade replacement. The East façade is scheduled to be completed but there may be some logistical overlaps.

2.

QUALIFICATIONS REVIEW PROCESS

Selection of the GC will be a multi-step process following the steps outlined in this RFQ/RFP.

Step I- Qualifications Review This RFQ is issued for the purpose of acquiring Statements of Qualifications from prospective General Contractors. A selection of finalist firms will be made by a Selection Committee consisting of representatives of the Using Agency and the BOR. The Selection Committee will receive and review Statements of Qualifications submitted in response to this RFQ. To be deemed eligible for evaluation, firms must meet the following minimum qualifications:

Minimum Qualifications Required (evaluated on a pass/fail basis by the BOR)

· The firm or its principals are not currently ineligible, debarred, suspended, or otherwise excluded from bidding or contracting by any state or federal agency, department, or authority (See Exhibit A).

· Firm must have sufficient bonding capacity for anticipated total cost of work. Only those sureties listed in the Department of Treasury’s Listing of Approved Sureties (Department Circular 570) are acceptable to the Owner. At the time of issuance, all insurance and bonds must be issued by a company licensed by the Georgia Insurance Commissioner to transact the business of insurance in the State of Georgia for the applicable line of insurance. Such company shall be an insurer (or, are qualified self-insurers or group self-insureds, a specific excess insurer providing statutory limits) with an A.M. Best Financial Strength rating of “A-“ or better and an A.M. Best Financial Size Category of Class V or larger. Firms must provide a letter or other supporting documentation from their surety indicating the firm has a bonding capacity of $2,000,000 (See Section 6, A6.a).

· Firm must have a current Contractor’s Public Liability Insurance policy, and must be insurable in the following amounts: Bodily injury, including death- limits of $1,000,000 for each accident. Property damage- limits of $2,000,000 for each accident and $4,000,000 for the aggregate of operations. (The Owner reserves the right to require additional limits and/or coverage for actual contract.) Provide your current insurance certificate (See Section 6, A6.b).

· Firms must have all necessary, valid and current licenses to do business in the State of Georgia. Provide a valid copy of your Georgia General Contractor license, business license and Georgia Certificate of Existence (See Section 6, A6.c).

· Firm must demonstrate sufficient cash flow to undertake the project as evidenced by a current ratio (assets/liabilities) of 1.0 or higher (See Section 6, A6.d).

· The firm must demonstrate a commitment to safety with regard to Worker’s Compensation by having an Experience Modification Rate (EMR) of 1.2 or less. Provide evidence from your firm’s carrier on their letterhead of your firm’s EMR (See Section 6, A6.e).

· The firm or its principals have not been terminated for cause or currently in default on any public works contract (See Exhibit A).

All properly submitted Statements of Qualifications meeting the minimum qualifications stated above will be reviewed, evaluated and ranked by the Selection Committee. It is envisioned that the initial review and evaluation of the submittals will result in a shortlist of finalists firms determined by the Selection Committee to be especially qualified to perform as the GC for this Project in accordance with the qualification criteria herein and these firms may be invited to participate in the Step II bidding phase.

The information criteria for the evaluation of all submittals in Step I of the selection process found to be minimally compliant are listed below:

Criteria for Evaluation of Statements of Qualifications 10% Factor:

Stability and Resources: Includes the firm’s corporate history, resources, form of ownership, litigation history, financials, proximity to project location, etc.

15% Factor:

Firm’s Qualifications and Experience: Includes relevant qualifications and experience of the firm, including the demonstrated ability of the firm in effective management of construction/renovation of facilities comparable in complexity, size, and function.

40% Factor:

Relevant Experience, Qualifications and Suitability of Project Team: Includes relevant qualifications and experience of the project team, including the demonstrated ability of the team in effective management of construction/renovation of facilities comparable in complexity, size, and function; including experience of the project manager and superintendent on completed projects of similar size, type, and complexity; assigned team’s experience with effective budget and schedule control plans for this project; percentage of the primary team members’ time being committed to this project. Recent experience with building envelope construction, as well as any experience with the construction of exterior facades will be weighted.

25% Factor:

Quality of Proposed Management Plan: Includes the firm’s cost and schedule management plan during construction; includes work force plan and firm’s ability to resolve issues while still completing the project within the bid price and schedule limitations; the firm’s subcontractor management plan; the firm’s close-out plan.

10% Factor:

Quality Control and Job Safety: Includes the firm’s quality assurance program and plan; firm’s safety plan; site logistics plan; firm’s demonstrated commitment to safety through the Experience Modification Rate (EMR).

3.

SCHEDULE OF EVENTS (STEP I)

The following Schedule of Events represents the Owner’s best estimate of the schedule that will be followed. All times indicated are prevailing times in Kennesaw, Georgia. The Owner reserves the right to adjust the schedule as the Owner deems necessary.

STEP I (RFQ) Estimated Time Line

4.

MANDATORY SITE VISIT

See Step II, Section 4.

5.

SUBMITTAL OF QUESTIONS AND REQUESTS FOR CLARIFICATION

It is the responsibility of each respondent to examine the entire RFQ/RFP, seek clarification in writing, and review its submittal for accuracy before submitting the document. Questions about any aspect of the RFQ/RFP, or the project, shall be submitted via email to:

Emmanuel Bertrand, Senior Construction Project Manager Kennesaw State University

1200 Chastain road NW, Kennesaw

GA 30144

e-mail: ebertran@kennesaw.edu Deadlines. The deadline for submission of questions relative to the RFQ is the time and date shown in the Schedule of Events (Section 3). All relevant questions and requests for clarification and the owner’s responses will be posted on the Georgia Procurement Registry as an addendum to the original solicitation. The Owner will not request clarification from individual respondents relative to their submission, but reserves the right to ask for additional information from all parties who have submitted qualifications.

6.

INSTRUCTIONS FOR PREPARING STATEMENTS OF QUALIFICATIONS

Interested firms shall submit (1) electronic copy in pdf format of the complete qualifications package via email to Emmanuel Bertrand at ebertran@kennesaw.edu Submittals must be prepared in a manner that when printed would typically fit on standard (8 ½” x 11”) paper. Responses are limited to using a minimum of an 11-point font. The entire response shall not exceed 50 pages, including exhibits, affidavits or other enclosure information that may be included in an appendix. Submittals that include qualifications of more than one firm shall not exceed the page limit.

Emphasis should be on completeness, relevance, and clarity of content. To expedite the review of submittals, it is essential that respondents follow the format and instructions outlined below.

The content of all Statements of Qualifications must be categorized and numbered as outlined below, and must address in a responsive and responsible manner, all requested information.

STATEMENT OF QUALIFICATIONS

(DELIVERABLES “A”, “B”, “C”, “D”, and “E” FOR ALL FIRMS) A. Stability, Description and Resources A1- Provide basic company information: Company name, address, name of primary contact, primary contact’s telephone number, fax number, e-mail address, and company website (if available). State the length of time the company has been in the contracting business under present name. If the firm has multiple offices, the qualifications statement shall include information about the parent company and branch office separately. Identify the office from which project will be managed and proximity to the project site. Describe the form of ownership; sole proprietorship, corporation, partnership, Limited Liability Corporation (LLC), joint venture, or other structure, including state of residency or incorporation, and number of years in business. For joint venture entities that have not undertaken at least two projects together, each firm should submit its qualifications separately. Joint submittals are subject to the same submittal page limit.

A2- Briefly describe the history of your firm(s). Provide general information about the firm's establishment, personnel resources, including disciplines and numbers and classifications of employees, and locations and staffing of offices that will be directly involved with this Project.

A3- Please disclose whether or not the firm has been involved in any litigation with an Owner or Architect(s) during the past five (5) years. List any active or pending litigation and provide a thorough explanation of its scope. List any claims against your firm or against Owners where your firm is named.

A4- Provide the firm’s current dollar volume and percentage of ground up construction to current total dollar volume of construction. Describe your length of experience in construction of similar projects. Also include the average dollar volume and percentage of similar construction during the past five years in the state of Georgia.

A5- Indicate if the firm, or any member thereof, has ever been removed from a contract for cause or failed to complete a contract as awarded.

A6- The firm, in order to be deemed eligible for evaluation, must provide supporting documentation asserting that the firm meets the minimum qualifications required for this project

a. Certify that your firm has sufficient bonding capacity for anticipated total cost of work and your surety and insurance companies are in the current Department of Treasury’s Listing of Approved Sureties (Department Circular 570). All insurance and bonds will be obtained through a company licensed by the Georgia Insurance Commissioner to transact the business of insurance in the State of Georgia for the applicable line of insurance. The company is an insurer (or qualified self-insurers or group self insureds, a specific excess insurer providing statutory limits) with an A.M. Best Financial Strength rating of “A-“ or better with an A.M. Best Financial Size Category of Class V or larger. Provide a letter or other supporting documentation from your firm’s surety indicating the firm has a bonding capacity of $ 3,000,000.

b. Certify your firm has a current Contractor’s Public Liability Insurance policy, and your firm is insurable in the following amounts: Bodily injury, including death- limits of $1,000,000 for each accident. Property damage- limits of $2,000,000 for each accident and $4,000,000 for the aggregate of operations. The Owner reserves the right to require additional limits and/or coverage for actual contract. Provide your current insurance certificate.

c. Certify your firm has all necessary, valid and current licenses (including a valid and current Georgia General Contractor’s License) to do business in the State of Georgia. General Contractor must have a valid and current Georgia General Contractor License at the time of submission of qualifications. Provide a valid copy of your Georgia General Contractor license, and a Georgia Certificate of Existence or other documentation stating your firm has registered with the Georgia Secretary of State and is authorized to do business in Georgia.

d.

Certify your firm has sufficient cash flow to undertake the project as evidenced by a current ratio (assets/liabilities) of 1.0 or higher. Provide a one page statement evidencing your current ratio.

e.

Certify your firm demonstrates a commitment to safety with regard to Worker’s Compensation by having a current Experience Modification Rating (EMR) of 1.2 or less. Provide evidence from your firm’s carrier on their letterhead of your firm’s current EMR.

f.

Provide your firm’s federal employer identification number (FEIN).

A7- Complete the Certification Form (Exhibit “A” enclosed with RFQ), and provide a notarized original with response as section “A7” of the firm’s Statement of Qualifications.

A8- Complete and submit a “CONTRACTOR AFFIDAVIT UNDER O.C.G.A. § 13-10-91(b)(1)” (Exhibit “B”) with response as Section “A8” of the firm’s Statement of Qualifications. Failure to submit this form with Statement of Qualifications will result in the firm being eliminated from consideration for this project.

A9- Complete and submit the “Disclosure Statement” (Exhibit “C”) with response as Section “A9” of the firm’s Statement of Qualifications. (Respondents must provide a statement of all potential legal or otherwise significant conflicts of interests possibly created by the respondent’s being considered in the selection process or by the respondent’s involvement in the project. Respondents should include information as to the nature of relationship(s) with parties in such potential conflict.)

B. Firm’s Experience and Qualifications

B1- Provide evidence of participation in ground up construction projects including experience with brick façade and related building envelope projects, including their dollar value. Describe experiences withsimilar facility projects of similar scope and size. Sensitivity to surrounding occupied areas with minimal disruption by construction activities will be a critical part of this job. Identify sample projects where the minimizing of disruptions was critical and explain measures that were implemented to reduce disruptions. Provide evidence of projects involving the installation of building facades. Describe 5 projects as described above, in order of most relevant to least relevant, which demonstrate the firm's capabilities to perform the project. These projects should be those performed by the firm and NOT by an employee hired by the firm that worked under another contractor. Projects presented should be educational institution facility projects similar in scope to this project, and one (1) should have been completed within the past two (2) years with equal magnitude of scope and price. For each project, provide the following information:

a. Project name, location and dates during which services were performed.

b. Brief description and photograph(s) of projects including physical description (delivery method, dollar value, square footage or size).

c. Describe services performed by your firm. Provide explanations for projects where minimization of disruptions was critical and the measures implemented to reduce disruptions.

d. Provide any Owner-written letters of reference/recommendation about the firm’s performance on the project.

e. Provide Owner/User/Architect contact information. For each project, provide the names of representatives (with a current phone number and email) who are most familiar with your performance on the project.

f. Explanation as to how the highlighted projects relate to the current project being considered. If the firm has multiple offices, indicate the office responsible for each highlighted project.

g. Summarize the actual schedule performance relative to the initial project schedule.

h. Summarize the actual budget performance relative to the initial project budget.

C. Experience, Qualifications and Suitability of Project Team

C1- Describe your firm's proposed organization for the construction management team including, project director, project manager, superintendent, etc., who will manage the project. Please designate the specific individuals to fill the following key roles on your team as applicable. You may list more than one person for each role.

a. Superintendent

b. Project Manager

c. Project Executive C2- Please provide current resumes for each of the above personnel that will be directly involved in the project listing relevant project experience and percentage of the person’s time to be committed to this project.

C3- Please identify the individual who, from project start to finish, will be the leader of your construction team and the principal point of contact between your firm and the Owner, the Architect, and other consultants. Provide detailed information on the qualifications of this individual and the direction, authority, and management tools that will be provided to the individual by the firm. This individual’s competence, his/her leadership, and his/her ability to achieve customer satisfaction will be heavily considered in the selection of a general construction firm.

C4- Provide an organizational chart showing the lines of responsibility and accountability for your team. If a joint-venture, identify responsibility relationships, where there may be past experience at such relationships, and levels of experience.

C5- Provide examples of individual team member’s recent experience in similar construction projects involving commercial construction ground up projects and/or project façade installation, particularly brick facades. (projects listed in this section can include some or all of the projects previously highlighted above).

a. Provide photographs of similar projects your team members have completed in the past five (5) years.

b. Brief description and photograph(s) of project(s) including physical description (delivery method, cost, square footage or size).

c. List reference contacts with title, address and contact information.

d. List the individuals who served as the Project Executive/Director, Project Manager, and Superintendent on the projects. Please note whether these individuals are still employed with your firm.

e. Indicate any projects the proposed team members have previously completed together.

C6- Provide any information that may serve to differentiate your firm from other firms regarding suitability for the project. Suitability may include, but is not limited to, the firm’s fit to the project and/or needs of the Owner, any special or unique qualifications for the project, current and projected workloads, the proximity of office to project location, and any techniques, methodologies, or services not specifically mentioned herein offered by the firm that may be particularly suitable for this project type.

D. Management Plan

D1- With regard to your firm’s expected role in the project, please provide a statement of your definition of the role, and your anticipated level of management responsibility and accountability for project concerns.

D2- Describe your process for efficiently resolving issues and maintaining the project commitments while working collaboratively with the Architect, the Owner and other stakeholders as applicable.

D3- Provide your procurement and workforce plan including details of your plan to assure local and minority contractor opportunity.

D4- Provide your detailed schedule management plan for this project during construction. Describe systems and procedures your firm uses to manage the project schedule. Provide your preliminary construction schedule for this project. Describe alternatives that may be explored to shorten the schedule.

D5- Provide your detailed subcontractor management plan including, contract document compliance procedures, project accounting procedures, issue resolution and compliance with Security and Immigration Compliance Act OCGA 13-10-91 – as it relates to subcontractor compliance with the requirements set forth therein ensuring compliance with the federal work authorization program.

D6- Provide your closeout management plan for this project. Describe your systems and procedures for your closeout plan.

E. Quality Control and Job Safety E1- Provide your quality assurance plan for this project. Describe your firm’s approach for validating compliance with the construction documents. Explain your process for ensuring quality workmanship. Provide specific examples of how these techniques or procedures were used from any projects listed in B1 or C5 of your submittal to this RFQ.

E2- Describe how your quality control team will measure the quality of construction performed by subcontractors as required by Owner Specifications on this Project, and how will you address non-conforming work.

E3- Describe your job site safety program for this Project and specific safety policies in which employees must be in compliance.

7.

SUBMITTAL OF STATEMENTS OF QUALIFICATIONS

Submit one (1) electronic copy of the complete package in .pdf format via email to ebertran@kennesaw.edu. Uploaded responses (file names) must reference the RFQ/RFP KSU Project No. 275-25-252, the firm’s name, and the word “QUALIFICATIONS.”

(File Name Example: KSU Project No 275-25-252, ABC Company, Qualifications)

The entire submittal should be submitted as ONE (1) file. Please do not submit individual documents or sections separately.

See the document titled “Upload Instructions” on the Georgia Procurement Registry site along with this RFQ/RFP for detailed instructions regarding the upload of your submittal.

Total page count of the submittal must not exceed 50 pages.

ALL PAGES COUNT REGARDLESS OF CONTENT.

QUALIFICATION SUBMITTALS THAT EXCEED THE PAGE LIMIT WILL BE DEEMED NON-RESPONSIVE AND WILL NOT BE CONSIDERED BY THE SELECTION COMMITTEE.

Proposers are further reminded to include a completed CONTRACTOR AFFIDAVIT UNDER O.C.G.A. § 13-10-91(b)(1) with the Statement of Qualifications. (See Exhibit B) FAILURE TO PROVIDE THIS AFFIDAVIT WILL RESULT IN REJECTION OF PROPOSAL.

Statements of Qualifications must be electronically received by the Owner prior to the deadline indicated in the Schedule of Events (Section 3 of RFQ). Printed copies will not be accepted. Firms are encouraged to email to confirm that their files were received.

It is the sole responsibility of the Proposer to assure delivery by the specified deadlines; the Owner cannot accept responsibility for incorrect delivery, regardless of reason. No submittals will be accepted after the time stipulated above. Submittals will not be accepted via facsimile or fax 8.

ADDITIONAL TERMS AND CONDITIONS

A. Submittal Costs and Confidentiality.

a. KSU is not obligated to any party to reimburse for any expenses incurred in the preparation and submittal of a response to this solicitation.

b. All submittals received shall become the property of KSU.

c. Labeling information provided in submittals “proprietary” or “confidential” or any other designation of restricted use will not protect the information from public view. Subject to the provisions of the Open Records Act, the details of the proposal documents will remain confidential until final award.

B.

Award Conditions.

a.

The BOR reserves the right to forego award, suspend or change the manner of award for the Project contemplated hereby.

b.

This solicitation is not an offer to contract.

c.

Your response to this solicitation regardless of whether the proposal is determined to be the best proposal, shall not be binding upon the Owner and it will not obligate the Owner to procure or contract for any services contemplated hereby or parts thereof.

d.

Neither the Owner nor any party submitting a response will be contractually bound unless a written contract is mutually negotiated and executed by both parties.

e.

The Owner reserves the right to waive non-compliance with any requirements of this RFQ/RFP and to reject any or all proposals submitted in responses.

f.

Upon receipt and review of responses, the Owner will determine which responses in the sole judgment of the Owner are in the best interest of the Owner using the evaluation criteria stated herein.

C.

Reciprocal Preference Law. Effective July 1, 2010, KSU will comply with all requirements of O.C.G.A. 13-10-3, a.

Pursuant to O.C.G.A. 13-10-3, for the purpose of determining residency, a Georgia resident business shall include:

(1) Any business that regularly maintains a place from which business is physically conducted in Georgia for at least one year prior to any bid or proposal, or

(2) A new business that is domiciled in Georgia which regularly maintains a place from which business is physically conducted in Georgia (provided) that a place of business shall not include a post office box, site trailer or temporary structure.

b.

Whenever the state contracts for public works construction; materialmen, contractors, builders, architects, engineers and laborers resident in the State of Georgia are to be granted the same preference over materialmen, contractors, builders, architects, engineers and laborers resident in another state in the same manner, on the same basis, and to the same extent that preference is granted in awarding bids for the same goods or services by such other states.

D.

Joint-Venture Proposals. KSU does not generally desire to enter into “joint-venture” agreements with multiple General Contractor firms. In the event two or more firms desire to “joint-venture,” it is required that one incorporated firm propose and maintain status as the General Contractor while the remaining firm(s) will be designated as major consultants.

E.

Small and Minority Business Enterprise. The State of Georgia encourages small businesses, female-owned businesses and minority businesses to participate in the State purchasing process. KSU therefore encourages all small businesses, female-owned businesses and minority-owned businesses (SMBE) to compete for contracts and encourages contractors to solicit SMBE businesses when selecting subcontractors and suppliers. This desire on the part of the Owner is not intended to restrict or limit competitive bidding or to increase the cost of the work. The Owner supports a healthy free market system that seeks to include responsible businesses and provides ample opportunity for business growth and development. Contractors and subcontractors who utilize qualified minority subcontractors may qualify for a Georgia state income tax credit for qualified payments made to minority subcontractors. See Official Code of Georgia Annotated (O.C.G.A.) O.C.G.A. Section 48-7-38. For more information, please contact:

The Governor’s Entrepreneur and Small Business Office

75 Fifth Street, Suite 825

Atlanta, Georgia 30308

Phone: 404.962.4071 http://www.georgia.org/Business/SmallBusiness/ F.

BOR Construction Contract. The BOR has developed standardized construction contract documents. The successful firm will be required to enter into a contractual agreement using the standardized BOR contract documents. Firms are encouraged to review the Design Bid Build Construction Agreement that can be located on the BOR website. A specimen contract will be issued to all finalists allowing firms an opportunity to become familiar with the contract terms and conditions. The BOR does not intend to modify any language contained in the general requirements of the contract, and any significant exceptions to the standardized contract proposed by a firm could render a firm as non-responsive. Any approved exceptions may be addressed as Supplementary General Requirements to the contract.

G.

Immigration Reform Compliance Requirement. The successful Proposer will be required to certify its compliance with O.C.G.A. §13-10-91, stating affirmatively that the individual, firm, or corporation which is contracting with KSU has registered with and is participating in a federal work authorization program, in accordance with the applicabile provisions and deadlines established in O.C.G.A. 13-10-91, and that should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to this contract with KSU, Contractor will secure from such subcontractor(s) similar verification of compliance with O.C.G.A. § 13-10-91 on the Subcontractor Affidavit provided in Rule 300-10-01-.08 or a substantially similar form. Contractor further agrees to maintain records of such compliance and provide a copy of each such verification to KSU at the time the subcontractor(s) is retained to perform such service.

H.

Evaluation of Submittals. Evaluation of submittals will be completed by a selection committee consisting of various stakeholders. Proposers understand and accept that by responding to this solicitation they are willingly participating in a process that consists of some degree of subjectivity on the part of selection committee members in evaluating and interpreting firm’s qualifications.

I. Finalist Notification. Once the Selection Committee has completed the evaluation of the Statements of Qualifications, a list of finalist firms will be posted on the Georgia Procurement Registry as an addendum to the original RFQ/RFP solicitation.

J.

Statement of Agreement. By submitting a qualifications and/or a proposal, the Proposer agrees that they have carefully examined and are fully aware and accept all the requirements stipulated in this RFQ/RFP. The Proposer agrees that it is the Proposer’s responsibility to request clarification or exceptions. The Proposer also understands that failure to mention these items in the proposal will be interpreted to mean that the Proposer is in full agreement with the terms, conditions, specifications and requirements of the RFQ/RFP.

With submission of a proposal, the Proposer hereby certifies:

(a) that this proposal is genuine and is not made in the interest or on behalf of any undisclosed person, firm, or corporation;

(b) that Proposer has not directly or indirectly enticed or forced any other Proposer to submit a false or insincere proposal; and

(c) that Proposer has not solicited or induced any person, firm, or corporation to refrain from submitting a proposal.

II. REQUEST FOR COMPETITIVE SEALED BIDS (RFP)

(From Finalists) General Contractor Services for KSU Project No. 275-25-252 North South and West Building Envelope Repairs Kennesaw State University Kennesaw, Georgia To firms who have been issued notification as having been deemed eligible, Kennesaw State University issues this Request for Competitive Sealed Bids (RFP), for those firms to offer competitive sealed cost proposals for General Contractor services for this specific project.

1.

GENERAL PROJECT INFORMATION

Refer to Section 1 of the Step I RFQ Document.

2.

SELECTION PROCESS

Step II of the GC Selection process will be initiated by issuing the finalist firms (determined by the Selection Committee in Step I from evaluation of Statements of Qualifications) an invitation to participate in the Step II (RFP) process. Finalist firms shall submit Competitive Sealed Bids. The apparent successful GC will be the firm submitting the lowest responsive and responsible bid.

3. SCHEDULE OF EVENTS (STEP II)

The following Schedule of Events represents the Owner’s best estimate of the schedule that will be followed. All times indicated are prevailing times in Atlanta. The Owner reserves the right to adjust the schedule as the Owner deems necessary.

STEP II (RFP) Estimated Time Line

4.

PRE-BID SITE VISIT

A mandatory site visit will be conducted by the Owner for the finalist firms at a time to be determined. Attendance is mandatory for firms intending to submit competitive sealed bids. All details regarding the mandatory site visit will be provided in the Notice to Finalists. The Owner reserves the right to disqualify a bidder due to a failure by a bidder to arrive for the site visit by the scheduled time. Failure to attend a mandatory site visit will automatically result in disqualification from the bid process.

5.

TYPE OF CONTRACT

It is anticipated that the Owner will use the standard BOR Design-Bid-Build Construction Contract, a copy of which is to be included in the Project Manual, which shall be distributed with the bidding documents. The contract, if awarded, will be on a lump sum basis. KSU does not intend to modify any language contained in the general requirements of the contract, and any significant exceptions proposed by a firm could lead to a firm being deemed non-responsive. Any approved exceptions to other areas of the contract, may be addressed as Supplementary General Requirements to the contract.

6.

SUBMITTAL OF COMPETITIVE SEALED BIDS

All Bids must be submitted in person . The Owner will receive Bids until 2:00 PM on the date specified in the Invitation to Bid. More information will be provided to the firms that advance to the bid phase of the project.

No bids will be accepted after the time set for receipt of bids. KSU reserves the right to reject any and all bids.

7.

DRAWINGS AND SPECIFICATIONS

Bidding Documents include the Bidding Requirements and the proposed Contract Documents. The Bidding Requirements consist of the Advertisement, the Request for Competitive Sealed Bids, Bid Bond, and the Bid Form. The proposed Contract Documents include the Form of Contract between the Owner and the Contractor, Performance and Payment Bonds, General Requirements, Supplementary General Requirements, other forms and exhibits identified in the Form of Contract, Drawings, Specifications, and all Addenda issued prior to receipt of Bids, and Change Orders issued after execution of the Contract.

Availability and access to Construction Drawings and Specifications, including all Addenda, will be communicated to finalists firms in the written Notice to Finalists.

8. Submittal Costs and Confidentiality

All expenses for preparing and submitting responses are the sole cost of the party submitting the response. The Owner shall not be obligated to any party for reimbursement of expenses incurred in preparation, delivery or managing of the proposal response. All submittals upon receipt become the property of the Owner. Labeling information provided in submittals “proprietary” or “confidential”, or any other designation of restricted use will not protect the information from public view. Subject to the provisions of the Open Records Act, the details of the proposal documents will remain confidential until final award.

9.

Owner’s Reservation of Rights The Owner reserves the right to divide the Project into multiple parts, to reject any and all Proposals and re-solicit for new proposals, or to reject any and all Proposals and temporarily or permanently abandon the Project. Owner makes no representations, written or oral, that it will enter into any form of agreement with any respondent to this RFP for any project and no such representation is intended or should be construed by the issuance of this RFP.

10.

Definitions.

For the purposes of this RFQ/RFP the term “Proposal” shall mean “Bid.”

(Exhibit A)

CERTIFICATION FORM

I, _____________________________, being duly sworn, state that I am ______________________(title) of _______________________________(firm) and hereby duly certify that I have read and understand the information presented in the attached proposal and any enclosure and exhibits thereto.

I further certify that to the best of my knowledge the information given in response to the request for proposals is full, complete and truthful.

I further certify that the proposer and any principal employee of the proposer have not, in the immediately preceding five years, been convicted of any crime of moral turpitude or any felony offense, nor has had their professional license suspended, revoked or been subjected to disciplinary proceedings.

I further certify that the proposer and any principal employee of the proposer have not, in the immediately preceding five years, been suspended or debarred from contracting with any federal, state or local government agency, and further, that the proposer is not now under consideration for suspension or debarment from any such agency.

I further certify that the proposer or any principal employee of the proposer has not in the immediately preceding five years been defaulted in any federal, state or local government agency contract, and further, that the proposer is not now under any notice of intent to default on any such contract or have been terminated for cause on any such contract.

I acknowledge, agree and authorize, and certify that the proposer acknowledges, agrees and authorizes, that the Owner and/or BOR may, by means that either deems appropriate, determine the accuracy and truth of the information provided by the proposer and that the Owner and/or BOR may contact any individual or entity named in the Statement of Qualifications for the purpose of verifying the information supplied therein.

I acknowledge and understand the successful Proposer will be required to certify compliance with the Immigration Reform Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act OCGA 13-10-90 et.seq., by meeting or having complied with the provisions in the Act and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-.01: Contractor will also be required to warrant that Contractor has included a similar provision in all written agreements with any subcontractors engaged to perform services under this Contract.

I acknowledge and agree that all of the information contained in the Statement of Qualifications is submitted for the express purpose of inducing the Owner to award a contract.

A material false statement or omission made in conjunction with this proposal is sufficient cause for suspension or debarment from further contracts, or denial of rescission of any contract entered into based upon this proposal thereby precluding the firm from doing business with, or performing work for, the State of Georgia. In addition, such false statement or omission may subject the person and entity making the proposal to criminal prosecution under the laws of the State of Georgia of the United States, including but not limited to O.C.G.A. §16-10-20, 18 U.S.C. §§1001 or 1341.

Signature Sworn and subscribed before me

This _____ day of ________, 20___.

Print Name/Title

NOTARY PUBLIC

NOTARY SEAL

My Commission Expires: _________________ Exhibit B

CONTRACTOR AFFIDAVIT UNDER O.C.G.A. § 13-10-91(b)(1) {Failure to provide this form will result in the rejection of your qualification submittal}

Project No. and Name:

Contractor:

STATE OF GEORGIA COUNTY OF:

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. §13-10-91, stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of services on behalf of Kennesaw State University has registered with, is authorized to use and used the federal work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance with the applicable provisions and deadlines established in O.C.G.A. §13-10-91. Furthermore, the undersigned contractor will continue to use the federal work authorization program throughout the contract period and the undersigned contractor will contract for the physical performance of services in satisfaction of such contract only with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. §13-10-91(b). Contractor hereby attests that its federal work authorization user identification number and date of authorization are as follows:

(This is NOT an FEI number)

Federal Work Authorization User Identification Number

Date of Authorization I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on , 20 in (City), (State).

Signature of Authorized Officer or Agent of Contractor

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

_____ DAY OF ______________________, 20___

Notary Public

My Commission Expires: ___________________ *For the purposes of this affidavit only, anyone under contract with the Owner (i.e. architects, engineers, consultants, etc) is deemed a “contractor.”

Exhibit C

Disclosure Statement

All proposers should be aware that the project you are submitting a proposal on is a public project, and the Owner (KSU) is a public agency. Pursuant to the laws, rules and Executive Orders of the State of Georgia, KSUshall make every effort to avoid even the appearance of a conflict of interest or any impropriety in both the selection process for this project and the negotiation and performance of any resulting contract. As part of any submittal you intend to make for this project, you must include this Disclosure Statement with your submittal that answers or addresses the following specific statements:

1. Describe any business transactions occurring within the prior two years between your firm and KSU.

Insert Response

2. Describe any gift, hospitality, or benefit of any sort that your firm has provided to KSU or the BOR within the prior one-year period.

Insert Response

3. A conflict of interest or potential conflict of interest is defined as any action, decision, or recommendation by a person acting in a capacity as a public official, the effect of which is or could be to the private monetary or financial benefit or detriment of the person, the person’s relative, or any business with which the person or a relative of the person is associated. The potential conflict of interest is viewed from the perspective of a reasonable person who has knowledge of the relevant facts. Based upon this definition, describe any conflict of interest or potential conflict of interest that your firm has with KSU.

Insert Response This Disclosure Statement should be dated and signed by an authorized signator for the Proposer and submitted with the Proposer’s Submittal as deliverable A9.

Name of Firm

Authorized Signature

Date Print Name/Title � EMBED MSPhotoEd.3 ���

Kennesaw State university Clendenin North South and West Building Envelope Repairs GC RFQ/RFP Kennesaw State University Clendenin North South and West Building Envelope Repairs, GC RFQ/RFP

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