REQUEST FOR PROPOSAL RFP-S2015-2574 Issued July 06, 2015 Provision of Construction Management Services for the Design & Construction of Piikani House and Kainai House Exterior Replacement University of Lethbridge Main Campus 4401 University Drive, Lethbridge, Alberta, Canada T1K 3M4 Key Dates: RFP Closing Date: Wednesday at 3:00 p.m. MDT on July 29, 2015 Anticipated Final Award Date: August 07, 2015 Anticipated ConstructionStart-up Period: May 01, 2016 **Please Submit Receipt Confirmation Form immediately** (last page of this document)
Transcript
REQUEST FOR PROPOSAL RFP-S2015-2574 Issued July 06, 2015
Provision of Construction Management Services for the Design
& Construction of
Piikani House and Kainai House
Exterior Replacement
University of Lethbridge Main Campus
4401 University Drive, Lethbridge, Alberta, Canada T1K 3M4
Key Dates:
RFP Closing Date: Wednesday at 3:00 p.m. MDT on July 29, 2015
Anticipated Final Award Date: August 07, 2015
Anticipated ConstructionStart-up Period: May 01, 2016
**Please Submit Receipt Confirmation Form immediately**
The University of Lethbridge, hereafter referred to as the Owner or the University, invites construction management firms and their proposed teams to submit proposals to provide construction management services for the design phase and construction of replacement building exteriors for Piikani and Kainai House residence buildings. These residences are four story apartment buildings, each occupying a footprint of approximately 1260m2 situated on University owned land. The buildings accommodate 120 and 154 residents respectively.
Project Scope & Schedule
2.1 SCOPE Following condition assessments of the Piikani House Building Envelope by both Morrison Hershfield and Williams Engineering, a number of related exterior deficiencies with the building envelope components, including walls, sealants, windows, doors, roofs, and at-grade assemblies were reported. The report also acknowledges evidence that moisture infiltration is occurring through the building envelope, and the existing air and vapour barriers are not continuous. Recommended scope of work includes complete building envelope replacement, including damaged interior insulation, exterior gypsum sheathing board, and the EIFS (Exterior Insulation Finish System), and removal and replacement of windows with improved details. It is proposed to use a combination of masonry/stone, metal panels, and composite/cement board panels along with PVC windows.
Replacement of the roof is not currently included in the scope of this project.
Exterior lighting shall be upgraded to utilize proven energy efficiencies & today’s illumination standards.
Piikani House was built in 1989-90. The building is four stories, approximately 14 meters high; 81 meters long; 15.6 meters wide with an area of 5,500 m2. The construction consists of apartment style residential building having concrete columns, wall and floor system supported by concrete piles. The exterior includes an early version of an EIFS finish.
Kainai House is the sister building of Piikani House and has experienced similar issues with its building envelope. The scope of this project requires the same work to be completed on both
buildings. This tender is for construction management services for the duration of design phase and construction on both buildings, as per the schedule below.
2.2 SCHEDULE The schedule for the exterior wall & window replacement calls for construction of the project to begin mobilizing May 1, 2016 and to be completed by July 31, 2018. The successful Construction Manager will be required to review and confirm the schedule at the outset of the project and recommend adjustments that may be required to meet the Project timelines. The various stages of the project are expected to begin as per the dates below: Stage I Schematic Design (revisions/updates) August 2015 Stage II Design Development (revisions/updates) November 2015 Stage III Construction Documents/Tender November 2015 Stage IV Construction Begins May 2016 Phase I – Piikani House Construction of the exterior wall & window replacement can start May 1, 2016. All residents will be moved out of spaces at latest by April 30, 2016. All work must be completed by Jul 31st, 2017. Phase II – Kainai House Construction of the exterior wall & window replacement can start May 1, 2017. All residents will be moved out of spaces at latest by April 30, 2017. All work must be completed by Jul 31st, 2018. In addition, the project scope of this RFP is described within the limits of the following potential work constraints: Asbestos Rather than a constraint, the University has confirmed through P.H.H. Environmental in a campus report entitled ‘Asbestos Hazard Assessment & Inventory Survey Report (2003)’ that there is no asbestos in Piikani or Kainai House. However, should construction trades discover material containing asbestos in the course of this project, the University is prepared to investigate such claims and abate as required in interest of the project. Evaluations to proceed with abatement will be undertaken at the direction of the Project Manager. Construction management services are required for the phases of design development, construction and tender documentation, the supervision of the tendering process, construction phase and on-going contract administration. It is expected that the construction manager will meet all proposed deadline stages and provide a professional standard of care. Due to the University’s current budget limitations, construction management services are divided into two (2) phases. The first phase for preconstruction services is limited to design review and cost estimating at design development. Upon funding approval, it is intended to progress to include construction documentation and tender/award. The second stage will also comprise the construction and will include contract administration services for the strategies developed and contained in the contract documents.
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The current scope of this project may be expanded to include repair/replacement of additional interior and exterior building components dependent upon provincial and institutional budgets. These items will be addressed through the change order process at that time. The existing construction drawings for this Project will be reviewed which may result in some revisions. The current estimate of construction cost, including contingency and construction management fees, is $10 Million (Canadian currency).
Instructions/ Information to Proponents
This Request for Proposal, hereinafter referred to as the RFP, states the instructions for submitting proposals and the procedures and criteria by which a Proponent will be selected. Proponents are to complete the attached “Receipt Confirmation Form” and fax to Materials Management at (403) 329-2080. Responses to the RFP must comply with the instructions that follow. Failure to do so may disqualify a bid response. Responses are to be submitted to Daryl Schacher, Manager of Materials Management, by 3:00 P.M. (MST) July 29, 2015. Electronic or faxed submissions are not accepted.
Two (2) copies of the proposal, in an envelope clearly identified as a response to RFP-S2015-2574 can be delivered to:
Daryl Schacher Manager, Materials Management Parkway Service Complex The University of Lethbridge 4401 University Drive Lethbridge, AB T1K 3M4 3.1 KEY DATES Listed below are the important events and target dates related to this RFP a) Issue of RFP July 06, 2015 b) Inquiries up to July 24, 2015 c) Response Deadline 3:00 p.m., July 29, 2015 d) Anticipated Award Date August 07, 2015 3.2 CLOSING DATE AND TIME Responses must be received in the above office by 3:00 p.m. local time on July 29, 2015. 3.3 PROPOSAL SUBMISSION
A legally authorized representative of the Proponent must sign responses to this RFP. The proposal must be submitted to the above office on or before the closing date and time. Proposals will be opened in private. 3.4 INQUIRIES It is the responsibility of each proponent to make inquiries in order to clarify any requirements of this RFP that are not understood. This RFP assumes site familiarity by Proponents. Inquires must be received by July 24, 2015 to allow sufficient time to respond. When inquiries and answers are of a material nature and are non-proprietary, all Proponents will be copied with the information. Inquiries are to be directed to: RFP Process Daryl Schacher Manager, Materials Management Phone: (403) 329-2415 e-mail: [email protected] Technical Inquiries Ed de Bruin Project Manager, Project Management Office - Facilities Phone: (403) 380-1843 e-mail: [email protected] 3.5 INTERVIEWS The Selection Committee may choose to interview Proponents. 3.6 PROPOSAL EVALUATIONS & SELECTIONS The following criteria (not necessarily equally weighted) will be used to evaluate the proposals: .1 Corporate Experience / Project Delivery Experience .2 Corporate Philosophy .3 Proposed Scope of Preconstruction Services .4 Understanding of the Project .5 Personnel .6 Commercial Terms .7 Bonding, WCB & Insurance (including completed Schedule 1) .8 Proponent’s Qualification Statement (CCDC 11) .9 Approach to Safety .10 Other Strengths The University reserves the right to clarify and/or negotiate final contract terms and conditions with the selected Proponent without reference to the other respondents or to issue post tender addenda to all Proponents with options to allow for any additions or deletions. This process is to provide the University with the flexibility it may require to arrive at a mutually acceptable agreement that will offer the University the best experience and value. 3.7 SUFFICIENCY OF BIDS The submission of a proposal shall constitute an irrefutable representation that the Proponent has familiarized itself with all the conditions under which the services are to be provided and has agreed to all the terms and conditions of this Request for Proposal.
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3.8 ISSUES TO BE ADDRESSED Prime Contractor Pre-qualification The selected Proponent will be required to pre-qualify under the terms of the University of Lethbridge Occupational Health & Safety Program and to fulfill the role of Prime Contractor. Refer to Appendix A for the list of documents that will be required for Pre-qualification. In order to receive a uniform format of submissions from all Proponents the submissions shall address, in order, the elements set out in Section 3.6. Omission, inaccuracy or misstatement may be sufficient cause for rejection of the Proposal. 3.9 REJECTION OF PROPOSALS The University reserves the right to reject any or all proposals received. The U of L is not under any obligation to award a contract, and reserves the right to terminate the RFP process with all or any of the Proponents at any time. 3.10 CONFIDENTIALITY All documents submitted to the University as a result of this RFP become the property of the U of L and as such shall be subject to the disclosure provisions of the Freedom of Information and Protection of Privacy Act of Alberta. Making the entire RFP proprietary or confidential shall be neither accepted nor honored. Proponents shall identify which portions of their proposal are confidential and what harm could reasonably be expected from disclosure of those portions. Every effort will be made to keep individual information confidential. Proponents shall be deemed to have agreed to these conditions by the submission of their proposal. 3.11 AWARD AND AGREEMENT PROVISIONS The University of Lethbridge will accept the successful proposal in writing. 3.12 INCURRED COSTS The University shall not be liable for any costs of preparation or presentation of proposals 3.13 MODIFICATION Amendments by Proponents to submitted proposals shall be received prior to the time fixed for receiving proposals. 3.14 EXTENSIONS The University may by addendum, extend the timeline for receiving proposals. 3.15 TIME FOR AWARDING PROPOSAL All those submitting proposals shall keep their proposals open for acceptance by the University for thirty (30) days after the closing date.
3.16 ADDENDA All addenda issued during the time of responding shall be referenced as being included in the Proposal. 3.17 Early schematic design renderings and existing building photographs have been made available online at the following web address: http://www.uleth.ca/facilities/rfp Click on RFP-S2015-2574 This site contains the relevant reference documents and the submission forms in MSWord format. 3.18 As environmental issues become increasingly important, the University has shown increased commitment to sustainable methodologies and building practices. Although the University is not considering any form of formal certification for this project (i.e. LEED), the selection committee will view it more advantageous for teams with demonstrated successful experience in sustainable design methodologies to be assigned to the project team. Sustainable considerations specific to this project could include construction waste management practices (recycling or landfill diversion), utilizing materials with recycled content and those which improve indoor air quality, the introduction of efficient HVAC and electrical systems or sensors (where possible), to name a few. 3.19 The scope of the work is subject to evaluation requirements and University budget limitations and may be subject to increase or decrease in scope as determined by the University. 3.20 The project will utilize the University of Lethbridge project management software
3.21 The University does not guarantee that the projects will proceed to Construction and Warranty Services. The University reserves the right to cancel the project at any time prior to the award of Construction and Warranty Services. In the case of the cancellation of Construction and Warranty Services, the fees paid for the completion of Preconstruction Services shall be the total compensation paid to the Proponent. Cancellation after such an award would be subject to the terms of the contract.
Requirement for Construction Management Services
Construction Management Services are to be contracted for two distinct and separate stages for this building:
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Phase 1: Pre-construction services through the design phases, cost estimates and the preparation of construction drawings and tender documents, and tendering.
Phase 2: Construction and Warranty Services including construction administration, commissioning and building occupancy.
Construction and Warranty Services will not commence
until funding for the project is in place. The University reserves the right to terminate the contract with the selected Construction Manager at the conclusion of the first phase.
The Proponent will be a key member of the Project Team and is expected to work proactively with the Owner and Design team. It is essential that the Proponent be able to allocate the personnel required for the services immediately upon an award and comply with requirements of the schedule detailed in Appendix C. The duties of the Proponent will include the following functions: 4.1 PRECONSTRUCTION SERVICES DESCRIPTION The Construction Manager shall: attend design meetings as required in either Calgary or
Lethbridge with the Project Team, provide the Design Development cost estimates with detailed
trade estimates, develop and recommend cost effective alternates, provide value engineering input, conduct a schedule analysis, provide General Conditions detailed estimates and breakdowns, review construction documents as they develop, provide constructability recommendations, prepare specification front-end and review preliminary
specifications, provide input into the preparation of multiple tender packages, determine scopes of sub-trades, prepare total cost plans including quantity take offs at the end of
Design Development, and 60% and 95% working drawing stages,
review and confirm budgets for individual trade packages and compare to trade tenders,
review the contract form with the trades. 4.2 CONSTRUCTION AND WARRANTY SERVICES
DESCRIPTION The Construction Manager shall: manage the tender and post tender bid packages process to
ensure the budget is met and maximum value is obtained, prepare pretender estimates for each bid package; All tenders are
to be obtained on a competitive bidding basis. receive trade tenders with representation from the Owner and
the Prime Consultant present, and develop and present to the project team each tender package Bid Price on an open book basis,
issue letters of Recommendation to Award to the Owner, award all trade and sub trade contracts,
schedule, supervise, and manage and administer all aspects of the Work,
be responsible for quality control on the project, conduct and minute Progress Meetings on a weekly or biweekly
basis as may be required, issue monthly reports to the Project Team, make recommendations for early release of Lien Holdback to
early completion trades in accordance with the prevailing legislation,
prior to substantial completion conduct inspections to determine the level of completeness and prepare deficiency review lists,
develop and manage the Construction Waste Management Plan, assist in procuring documentation/data pertaining to building
materials (recycled content, location of extraction, location of manufacturing, etc…) used on the project as required,
manage the post substantial performance to total completion activities,
prepare as-built drawings and review maintenance manuals for accuracy,
manage all warranties and the warranty period, formalize Workplace Health and Safety Plan. document and communicate the Project Site Emergency
Response Plan. Construction and Warranty Services shall not commence until the Total Bid Price is brought to within the amount of the approved construction budget for each separate tender package and until the University has accepted in writing the Recommendation to Award issued by the Proponent. The University does not guarantee that the projects will proceed to Construction and Warranty Services. The University reserves the right to cancel the project at any time prior to the award of Construction and Warranty Services. In the case of the cancellation of Construction and Warranty Services, the fees paid for the completion of Preconstruction Services shall be the total compensation paid to the Proponent. Cancellation after such an award would be subject to the terms of the contract. 4.3 PROJECT ESTIMATES Cost estimates will be provided by the Construction Manager. The first cost estimate is to be received before the conclusion of the design development submission. The project will also include a reliable cost estimate at approximately 60% and 95% construction document stage. It is expected that the successful construction manager will develop line by line cost estimates at the completion of design development, 60% and 95% drawing stage. Each cost estimate will become more detailed as the design develops.
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Form of Agreements
Preconstruction Services will be contracted under a standard University of Lethbridge Construction Management Services Agreement, attached in Appendix D. Construction and Warranty Services will be contracted under a CCDC 2 (2008) Stipulated Price Contract amended to comply with the terms of this RFP and any other terms and conditions negotiated by the parties.
Commercial Terms
6.1 The cost of all Construction Management services is to be funded from the approved construction budget. 6.2 Preconstruction Services shall be a fixed fee based on the current construction budget covering all and every aspect of the proposed services excepting any special travel outside of the Calgary/Lethbridge corridor that receives prior authorization by the University as being necessary for the Project. 6.3 Construction and Warranty Services shall be reimbursed by a Percentage Fee calculated on the cost of the work and included in the Total Bid Price for each separate tender package. The Total Bid Price for each separate tender package shall be exclusive of the Construction Contingency. The percentage fee shall be the total compensation for all the Proponent’s home and head office overheads, all staff required to be involved with the project but not dedicated to full time engagement at the project site. The fee shall also include all associated approved travel and subsistence costs for such personnel, home office and home office equipment and supplies, courier costs, office equipment located at the jobsite office and their associated supplies, plus the amount required by the Proponent to attribute toward profit. All items included in the fee must be listed and any specific exclusions, i.e. coordination/supervision of mechanical, electrical, finishes contract work by the Proponent or by each trade. 6.4 All other costs incurred during the delivery of Construction and Warranty Services shall form part of either the General Conditions estimate, to be provided by the Proponent for the approval of the University or part of the approved detailed estimated costs of Own Forces Work that form part of the tender package Total Bid Price. All items included in General Conditions must be listed.
6.5 Own Forces Work shall be estimated at the cost of: .1 Direct labor including working foremen and all associated payroll burdens plus a 10% mark-up. .2 The estimated cost of materials and equipment required for the work plus a 5% fee. 6.6 CHANGE ORDERS Change Orders shall not be subject to the Percentage Fee as detailed under 6.5. Change Orders shall be priced in accordance with the terms of 6.5 Own Forces Work plus a fee of 5% on the work of all subcontractors. Contractor’s Equipment shall be charged at the lower of competitive outside rental rates, or the ongoing rental rate of equipment already on the jobsite.
Proposal Submissions
7.1 CORPORATE EXPERIENCE / PROJECT
DELIVERY EXPERIENCE Provide a list of similar construction management projects that includes the construction cost and contact references of the consultant team and the major trades. Describe your experience with LEED projects in design, under construction, and /or completed (LEED certified). Provide examples of prior project delivery experience in construction management services noting project, client, construction cost, scope of your work, any benefits realized by the project due to your company’s involvement and project success. 7.2 CORPORATE PHILOSOPHY Submit a summary of the philosophy of the company regarding the delivery of construction management services and the benefits it adds to the design and construction process (four pages maximum). Company brochures may be submitted separately. 7.3 PROPOSED SCOPE OF PRECONSTRUCTION
SERVICES In consideration of the general scope of services identified for the Preconstruction Services of the project, provide a statement which outlines and describes in detail your proposed scope of services and methodology. 7.4 UNDERSTANDING OF THE PROJECT Provide a defining statement summarizing the project along with any challenges and design opportunities from a Construction
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Management perspective. Identify and define the key elements necessary to the success of the project and how services will be delivered to meet those challenges 7.5 PERSONNEL Provide an organizational chart showing the key personnel and their positions together with resumes, experience, time duration they will be on this project, references and identify those positions that will be supported by the Percentage Fee and those that will be reimbursed by the General Conditions. Include the key personnel’s experience with LEED projects. 7.6 COMMERCIAL TERMS Provide a fixed fee for the delivery of Preconstruction Services Provide a percentage fee for the delivery of Construction and Warranty Services. It is intended that these rates will form the basis of the items within the estimate of General Conditions and be incorporated into the CCDC 2 Contract. Complete Appendix B as required. 7.7 BONDING Provide a reference from a Surety Company confirming the ability to bond a $10 million project. 7.8 INSURANCE Provide proof of insurance coverage as per section 11.1. 7.9 WORKERS COMPENSATION COVERAGE Provide proof of Workers Compensation Coverage. 7.10 PROPONENT’S QUALIFICATION STATEMENT Provide a duly completed CCDC 11 document. 7.11 SITE SAFETY The Proponent will be required to fulfill the role of Prime Contractor for the construction phases of these projects. To meet the obligations of the Alberta Occupational Health and Safety Act, Regulation & Code the University requires that Contractors be pre-qualified by the University of Lethbridge prior to assuming this role. Refer to Appendix A for the required documents for submission. 7.12 OTHER STRENGTHS
List any other strengths of the Company that may benefit this project. 7.13 ENSURE SCHEDULE 1 - DISCLOSURE AND COMPLIANCE STATEMENT is included with the submission.
Ethical Tendering Policy
Philanthropic support, or lack thereof, which benefits the University or any of its programs, will not be used to evaluate or determine the award of tenders and selection of Suppliers and/or Contractors for the provision of goods and services to the University. It is the responsibility of all the Proponents to ensure that no representative of the proponent will extend entertainment, gifts, gratuities, discounts, or special services, regardless of value, to any employee of the U of L. The Proponent shall report to Materials Management any attempt to obtain such favors.
Evaluation & Selection Process
9.1 EVALUATION During the detailed Proposal Evaluation process, the University’s Selection Committee will review the written responses, using pre-approved evaluation criteria generally described herein. The criteria are weighted to reflect the importance of the element to the University A due diligence process will be undertaken by the University to verify the information furnished and to confirm the credentials and capability of the short-listed Proponent(s). Proponents under consideration may be contacted to ensure that the Selection Committee understands the Proposal response fully and obtains clarification(s), which may be necessary. The ratings arising from the evaluation process will be confidential and subject to the application of the Freedom of Information and Protection of Privacy (FOIP) Act. No totals or scores of such ratings will be released to any Proponent. By providing a Proposal, the Proponent acknowledges that FOIP precludes any obligation on the University to provide to anyone information on its assessment of all Proposals received. 9.2 EVALUATION CRITERIA AND WEIGHTING 1. Project Understanding (15%) � The Construction Manager demonstrates an understanding of this project and its impact on the campus. Is aware of overall requirements of a project of this complexity, size and expected schedule and deliverables. � The Construction Manager identifies potential major issues, challenges and risks associate with this type of project and provides options for resolving these issues.
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2. Experience, Qualifications and Reputation (20%) � Team members’ individual qualifications and experience with similar projects. � Identifies specific team leads that have significant experience in the construction management for this type of project. � Demonstrates the ability of the construction management team to effectively communicate with the Design Team and the Owner’s representatives. � Demonstrates experience in leading projects of a similar type and scope to successful completion on time and within budget. 3. Availability & Commitment (20%) � The Construction Manager demonstrates the availability and time commitment of key members to successfully execute the project in the time frame provided. 4. References (15%) � As requested and required by this RFP 5. Remuneration and Fees (30%) 9.3 POST-SUBMISSION NEGOTIATIONS – CHANGES
The Owner will, before contract award, negotiate changes with the leading Proponent, including additional or modified terms, in accordance with the following: � Negotiations shall commence with the leading Proponent. � If the negotiations with the leading Proponent do not lead to financial and other terms acceptable to the Owner, the Owner will be entitled to reject the Proposal from the leading Proponent and commence negotiations with the next ranking Proponent, and if agreement is reached with the next ranking Proponent the Owner will be entitled to award the Contract to the next ranking Proponent. � At any time before contract award the Owner will be entitled to reject all Proposals and cancel the Request for Proposal, or request re-submissions from all Proponents.
RFP Conditions & Instructions 10.1. NOTWITHSTANDING Notwithstanding anything else contained in this RFP: � This RFP is and in all circumstances shall be deemed to be an ‘invitation to treat’; � No legal obligation, duty or constraint on the part of the University shall be created by the delivery to it of any resulting Proposal; � The University reserves the sole and unilateral right to deal with any Proposals received from Proponents in respect of the RFP in such manner and at such time as the University in its sole and absolute discretion deems appropriate; � The University is not seeking a legally binding agreement at this time and intends to conduct future negotiations with the Successful Proponent to determine if a mutually acceptable agreement can be reached and until such agreement is finalized and executed, the selection of a Successful Proponent as a result of this RFP does not constitute the entering into of any legally binding commitment; � The University reserves the right to cancel this RFP process at any time if in its sole discretion that it determines that it is not in its best interest to proceed with the RFP or should Project funding be insufficient to proceed with the Project; and � In the event of suspension or termination, the University will not be liable for damages sustained whether direct, indirect or consequential, for loss of profits. 10.2. RESPONSE PROPERTY The Proposal and accompanying documentation submitted by the Proponent becomes the property of the University and will not be returned. 10.3. LIABILITY FOR ERRORS The University or its agents shall not be liable or accountable for any error or omission in any part of this RFP or response to Proponent questions. The Proponents shall not be entitled to claim against the University, its Officers, employees, agents or advisors on grounds that any information, whether obtained from the University or otherwise (including information made available by its Officers, employees, agents or advisors) is incorrect or insufficient. Proponents shall be responsible for conducting their own due diligence on date and information upon which their Proposal is based. By participating in this RFP process, the Proponent agree to hold harmless the University, its Officers, employees, agents or advisors, from all claims, liability and costs related to all and any aspects of the selection process. 10.4. LANGUAGE OF THE APPLICATION All communication with respect to this RFP and subsequent Applications and correspondence shall be in the English language.
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10.5. FULL DISCLOSURE Respondents are to provide a written statement of full disclosure by completing Schedule 1; Disclosure and Compliance Statement addressing the following particulars:
1. Any personal relationship to any employee of the University who makes recommendations concerning the award of the project contemplated within this RFP, or any employee (or immediate relative of an employee) of the University with any direct, or indirect pecuniary interest, ownership or directorship with respect to the Applicant;
2. Any known business relationship with the University, any of its staff, employees, Officers, Directors or Board Members;
3. Any matter involving a dispute with a claimed value in excess of $100,000 which is subject of any current, pending or threatened mediation, arbitration or litigation proceeding;
4. Any particulars of any proceedings involving the Respondent under the Bankruptcy and Insolvency Act (Canada), the Companies Creditor Arrangement Act (Canada) or similar legislation; and
5. Respondents should specifically address the requirements of this section by either providing appropriate disclosure or by indicating that they have nothing to disclose with respect to matters listed above.
6. Respondents must advise the Project Manager of any change in the foregoing throughout the RFP process or intended negotiation period.
7. The University reserves the absolute right to eliminate any Proposal or terminate any resulting agreements for failure to disclose the information required in this section for disclosure at any time or proceedings in the nature of bankruptcy or insolvency by or against the applicant.
10.6 FREEDOM OF INFORMATION AND PROTECTION OF PRIVACY (FOIP) All documents submitted to the University of Lethbridge as a result of this RFP become the property of the University of Lethbridge and as such, shall be subject to the disclosure provisions of the Freedom of Information and Protection of Privacy Act of Alberta. Making the entire submission proprietary or confidential shall be neither accepted nor honored. Bidders shall identify which portion(s) of their submission is confidential and what harm could reasonably be expected from disclosure of those portions. 10.7. DISQUALIFICATION An Application may be disqualified and not receive further consideration where: � The Application has failed to meet or the Application has not been submitted in accordance with instructions and procedural requirements of this RFP; � The Applicant fails to cooperate in any attempt by the University to verify information contained in their Application submission; � Under no circumstances are enquiries related to this RFP to be directed any other persons, other than those noted including the University’s Board of Governors, faculty or staff or any other entity or organization affiliated with the University. Failure to abide by the authorized process may result in disqualification of that Respondents Proposal.
� At any time during the RFP process it is found and at the University’s sole and absolute determination, that the Submission to the RFP contains incomplete, false, or misleading information or a conflict of interest exists; and � The Submission meets any grounds for disqualification set out elsewhere in this RFP invitation. � The University will not be responsible for information released outside of the authorized process. 10.8. RIGHT TO REJECT SUBMISSION The University of Lethbridge reserves the right to reject any submission, which in its opinion is clearly non-viable from an implementation, operational, environmental, scheduling, technological or financial point of view. 10.9. NO COMMITMENT No commitment on the part of the University shall exist under this RFP unless and until the Respondent receives official written confirmation from the University that it has been selected as the successful proponent in which case the terms of the RFP will govern. 10.10. CANCELLATION OF RFP The University of Lethbridge may, at its discretion, cancel or postpone this RFP or the subsequent RFP, or any contract that could arise from this RFP, as a result of receiving a single response/submission. 10.11. CONFIDENTIALITY Information pertaining to the University obtained by the Proponent, its employees and agents as a result of its participation in relation to the RFP, is confidential and must not be disclosed by the Proponent except as authorized in advance by the University. 10.12. TERMS AND CONDITIONS The Respondents shall agree that the terms and conditions and all documents forming this RFP and subsequent RFP will form part of the final agreement. 10.13. CLARICATION BY THE UNIVERSITY The University reserves the right to seek from any and all proponents any further clarification it may require on responses submitted pursuant to this RFP. Further, a response may be rejected on the basis of the University’s understanding of the proponent’s past record of work, its general reputation, its financial capabilities, the completion schedule or a failure to comply with any applicable law. As it is the purpose of the University to obtain responses that are most suitable to the Project and to further the interests of the University and what it wishes to accomplish in carrying out this project, the University has the right to waive any irregularity or insufficiency or non-compliance in any response submitted and to accept the response or responses which it deems most favorable to its interests or to reject all responses and cancel the RFP. In addition to any rights identified elsewhere in this RFP, the University reserves the right to: � Reject any and all responses;
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� Add, delete or change the terms of this RFP at any time prior to the specified closing date and time; � During the evaluation period, seek clarification of any proponent’s response, including consequential amendments, or any additional information from any proponent; � Accept or reject, in whole or in part, any response without giving any reason; � Have any documents submitted by the proponent reviewed and evaluated by any party, including independent consultants; � Cancel the RFP process without penalty at any time for any reason; and � Negotiate and enter into an agreement with any proponent notwithstanding any non-compliance by the proponent’s response with any requirements of this RFP. The University is the sole and final judge with respect to the selection of any successful proponents as a result of this RFP process. 10.14. RIGHT TO NEGOTIATE The University of Lethbridge reserves the right to negotiate any contract final terms and conditions with a single proponent without reference to other submissions. 10.15. INCOMPLETE SUBMISSIONS
1. Submissions that are unsigned, incomplete, improperly executed, illegible, obscure conditional, or that alter this RFP, contain significant errors, or in any way fail to conform to the requirements of the RFP document will likely be rejected.
2. The University may in its sole discretion, but is not required to, disqualify responses that do not meet the formatting and other criteria set out in Part 3 of this RFP.
3. One copy must be marked original. If there are any differences between the hard copies and the electronic copy, the hard copy marked “Original” will prevail.
4. Each proponent is solely responsible for ensuring that its response is received at the specified address by the specified closing date and time. The University is not responsible for any response received after the stated closing date and time. In its sole discretion the University may, but is not obligated to, consider any response.
Insurance Requirements 11.1. The University will be placing an Owner Controlled Project Specific Insurance Program, inclusive of Builders Risk and Wrap Up Liability insurance extending insurance coverage to the Construction Manager, Consultants, sub consultants, all trade contractors and all trade subcontractors for liability with limits of $10,000,0000 under the wrap up liability policy with deductibles to be assessed against the responsible parties, Although such insurance is primary, the Construction Manager and any trade for whom it is responsible is required to obtain and maintain its own insurance program, of coverage including but not limited to the following exposures: � Comprehensive General Liability Insurance Inclusive of non-owned automobile liability, professional liability and pollution liability coverage of limits no less than $5,000,000 in the name of the Construction Manager and include, or in the case of a single, blanket policy, be endorsed to name, the University and the Consultant as insureds but only with respect to liability, other than legal liability arising out of their sole negligence, arising out of the operations of the Construction Manager with regard to the Work. General liability insurance shall be maintained from the date of commencement of the Services until one year from the date of Substantial Performance of the Work. Liability coverage shall be provided for completed operations hazards from the date of Substantial Performance of the Work, as set out in the certificate of Substantial Performance of the Work. � Automobile Liability Insurance With limits no less than $5,000,000.00 from the date of the commencement of the services. � Aircraft or Watercraft Liability Insurance With limits of no less than $5,000,000 when owned or non-owned aircraft or watercraft are used directly or indirectly in the performance of the Work � Boiler and Machinery Insurance In the joint names of the Construction Manager, the University and the Consultant. The policy shall include as insureds all Subcontractors. The coverage shall be maintained continuously from commencement of use or operation of the boiler and machinery objects insured by the policy and until 10 calendar days after the date of Substantial Performance of the Work. � Contractors’ Equipment Insurance On an all risk basis for any and all equipment owned, rented and leased by the Construction Manager from the date of commencement of the Work until one year after the date of Substantial Performance of the Work. 11.2. Prior to commencement of the Work and upon the placement, renewal, amendment or extension of all or any part of the insurance, the Construction Manager shall promptly provide the University with confirmation of coverage and, if required, a certified true copy of the policies certified by an authorized representative of the insurer together with copies of any amending endorsements applicable to the Work.
11
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11.3. The Construction Manager shall pay their share of any deductible amounts in direct proportion to its responsibility in regards to any loss for which the above policies provide indemnification. 11.4. All required insurance policies shall be with insurers licensed to underwrite insurance in the jurisdiction of the Place of the Work. 11.5. BONDING Provide a reference from a Surety Company confirming the ability to secure a 50% labor and materials payment bond and a 50% performance bond for a project valued at $10,000,000.00 dollars. 11.6. INCURRED COSTS The University shall not be liable for any costs accrued for the preparation or presentation of proposals or submissions. 11.7. LIMITATION OF LIABILITY The University will have no liability to any person or entity for any damages, including, without limitation, direct, indirect, special or punitive damages, arising out of or otherwise relating to this RFP, the proponent’s participation in this RFP process or the University’s acts or omissions in connection with the conduct of this RFP process. This limitation applies to all possible claims by a proponent, whether arising in contract, tort, equity, or otherwise, including, without limitation, any claim for a breach by the University of a duty of fairness or relating to a failure by the University to comply with the terms set forth in this RFP.
12 Jurisdiction This RFP and any agreements or contracts arising from same shall be governed by the laws of the province of Alberta and the federal jurisdiction of Canada.
13Definitions “Prime Consultant” or “Architect” is the person, firm or entity identified as such with whom the Owner has selected to perform certain Work. “Respondent” or “Proponent” is the individual, company, organization or other interested party that submits, or intends to submit, a proposal in response to this Request for Proposal (RFP).
"Construction Budget" means the estimated Construction Cost including contingencies for cost increases as set by the University. The estimated Construction Cost may be changed from time to time by the University; "Construction Cost" means the contract price(s) of all elements of the Project designed or specified by or on behalf of the Prime Consultant, including all taxes but excluding GST. Where there is no contract price for all or part of the Project, the Construction Cost shall be the estimated cost at current market rates as mutually agreed between the University and Prime Consultant. Construction Cost does not include the compensation of the Prime Consultant and the Prime Consultant's sub consultants, the cost of the land, or other costs which are the responsibility of the University. The Construction Cost also includes all costs including the construction management fee and the cost of pre and post construction services. “Construction Manager” means the contractor hired by the Owner to manage the construction and advise on the construction methodology and estimated costs. “Contract” means the Agreement between Owner and Construction Manager to provide the Services in accordance with the Consulting Services Agreement. “Contract Documents” means all Drawings, Specifications, Samples, Models, Terms and Conditions, Exhibits, Schedules, Addenda, Amendments, Instructions and Requirements stated within this RFP and other related documents approved by the Owner. “Contractor” is the person or entity that will perform subsequent Work which may be developed from the Consultant’s Work (Consultant’s Work is described in RFP-S2015-2574) "Cost Consultant" means the person engaged to prepare, with the cooperation of the Prime Consultant, cost estimates for the Project; “Documents” shall include, but not be limited to, the electronic and non-electronic form of designs, plans, drawings, specifications, notes, calculations, and other related information created or revised for the purpose of this work. “Equipment” is the equipment and tools required to perform Services. “Owner” or “Client” means the legal entity as specified herein, i.e. The University of Lethbridge, and may also be referred to as The University, University, U of L or The U of L. “Planning Team”, ”Design Team” or ”Consultant Team” refers to the Prime Consultant(s) authorized representative(s) or Sub consultants. “Proposal” or “Submission” or “bid” is a response provided by the Respondent to the RFP. "Project" means the work defined in the scope of services attached to this RFP. “Project Budget” is the estimated Total Expenditure by the University for the entire project. It includes the Construction Budget allocation and all other costs to the University for the Project such as, but not limited to professional fees, and other project related costs.
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“Project Manager” or “Program Manager” means the designate of the University who shall be appointed to represent the University in all day-to-day Project issues and provide direction and answers to the Prime Consultant as necessary. “RFP” (Request for Proposals) is a request to short listed Construction Manager teams subsequent to this RFP process to issue a details proposal of services. “Remedial Work” means such Work, as the Construction Manager may be required to provide to correct deficiencies or defects in the Work. “Scope of Services” includes but is not limited to, the requirements and instructions detailed within the RFP. “Stipulated Price” is a fixed price agreed to by the Owner and the Construction Manager at the end of the Design Development phase. “Sub-Contractor” is the person or persons, firm or company contracted by the Construction Manager, with the approval of the Owner, to perform a portion of the Work. “Sub-Consultant” is the person or persons, firm or company contracted by the Prime Consultant, with the approval of the Owner, to perform a portion of the Work. “U of L” is the Owner and may also be referred to as: The University of Lethbridge, The University, University, The U of L. “Work” means the performance of all Work and the provision of all Services, Supervision, Equipment, Documents and Materials necessary for the successful and safe completion of Work described in the Scope of Services.
SCHEDULE 1
DISCLOSURE AND COMPLIANCE STATEMENT - RFP-S2015-2574
FULL DISCLOSURE
As per the requirements identified in Section 10.5 of the RFP document, please provide details concerning the issue of disclosure by your firm. ________________________________________________________________________________________________________________________________________________________________________________ COMPLIANCE WITH RFP TERMS AND CONDITIONS
As per the requirements identified in Section 10.5 of the Request for Proposal document, please indicate to accept and comply with the RFP terms and conditions. Proponents must specifically state their agreement to accept and comply with the RFP Terms and Conditions and include a written statement of compliance. ________________________________________________________________________________________ ________________________________________________________________________________________ PERIOD OF COMMITTMENT
The Proponent agrees to honor the commitments, details and representations contained in their Proposal response for a minimum thirty (30) day period. INSURANCE COMPLIANCE
The Proponent agrees that if successful that all necessary Insurance requirements will be met as per Section 11.
□ Certificate of Insurability included □ Agreed or □ if not, please identify your alternative solution to our request.
WORKERS COMPENSATION COMPLIANCE (valid in the Province of Alberta)
Worker’s Compensation Board Clearance Letter: □ No □ Yes (Please provide copy) The Applicant agrees to comply with all local, provincial and federal statutory requirements and all regulations pertaining thereto at all times.
The Applicant, by its execution hereof, hereby agrees and accepts each of the foregoing terms and conditions.
DATED, this ___ day of __________, 20___.
Applicant’s Signature Applicant’s Name (Print)
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APPENDIX A Occupational Health & Safety Program It is the intention of The University of Lethbridge to designate the Proponent as the Prime Contractor in accordance with the Alberta Occupational Health and Safety Act. The University of Lethbridge, as Owner, must demonstrate due diligence in its designation of Prime Contractor and therefore the successful Proponent must successfully pre-qualify. The prequalification process consists of providing the following documentation for approval by The University of Lethbridge Occupational Health and Safety Office, if the Proponent is not currently approved by the University. The Proponent will be required to submit the pre-qualification documentation outlined below to Edwin de Bruin, Project Manager The Occupational Health and Safety pre-qualification documentation required for review is: 1. Certificate of Recognition .1 Copy of Certificate .2 Date Received .3 Certifying Partner .4 Last Internal Audit .5 Date of Internal Audit .6 Score of Internal Audit .7 Name of Company Safety Contact .2 Safety Manual (8 Elements): .1 Company Safety Policy dated and signed
.2 Hazard Assessment form – example from last job
.3 Safe work procedures - example from last job
.4 Inspection form – example from last job
.5 Worker competency and training
.6 Emergency Response Plan – date of last practice
.7 Incident follow-up documentation – example from last job
.8 Program administration .3 Minutes of Safety Meetings from a Relevant Project .1 Topics relevant to company
.2 Attendance sheets signed
.3 Last meeting .4 Employees’ Training Records .1 Orientation record .2 First Aid (current number as per First Aid Regulations) .5 Disciplinary .1 Procedure for infraction of policies & OH&S legislation .6 WCB .1 3 year record .2 # of Accidents/Incidents .3 Comparison to Industry standard
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APPENDIX B Construction Management Reimbursement Rates Proposal Form Complete and sign the following information and submit with your proposal
Firm Name
Address
Postal Code Telephone Fax
FEES: Design & Construction of Piikani and Kainai Exterior Replacement The fixed fee proposal, as per Section 4.1 for Preconstruction Services: $_________________ The percentage fee, as per Section 4.2 for Construction and Warranty Services _________________% The following site staff, as shown on the Organizational Chart, are the proposed personnel. The individuals, their designated position, and payroll burden, will form part of the General Conditions. Name Position Monthly Rate
APPENDIX D Sample Construction Management Services Agreement
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APPENDIX E RECEIPT CONFIRMATION FORM Please complete this form and e-mail or fax IMMEDIATELY to:
Mr. Daryl Schacher Manager, Materials Management
The University of Lethbridge 4401 University Drive Lethbridge, AB T1K 3M4 e-mail: [email protected] Fax: (403) 329-2080 Failure to return this form shall result in no further communication regarding this Request for Proposals.
COMPANY NAME:
ADDRESS:
CONTACT PERSON:
CONTACT e-mail:
CONTACT TELEPHONE: CONTACT FAX:
I have received a copy of the above noted RFP-S2015-2574 A total of ______ pages were received.
Yes, I will be responding to this request. Therefore, I authorize The University of Lethbridge to send further correspondence that it deems to be of an urgent nature by the following method:
Courier Collect (specify Courier and Acct #____________________________________)
Facsimile
Mail
E-Mail
No, I will not be responding. I understand that if I do not return this form our company will not receive any further notices with regard to this Pre-Qualification. SIGNATURE: _______________________________________________ TITLE: ____________________________________ DATE: __________________________
ALL PROPOSALS MUST BE RECEIVED IN OUR OFFICE BY 3:00 P.M. local time, Friday, July 29, 2015.
