ACKNOWLEDGMENT OF RECEIPT

RFP #: 3456-2 CONSTRUCTION MANAGER AT RISK SERVICES

Life Science/Physical Science Remodel and Building Additions

SOUTH MOUNTAIN COMMUNITY COLLEGE Please provide the requested information below as acknowledgment that you have received our Request for Proposal noted above. It is required that interested Bidders complete this acknowledgment and return via Fax to MCCCD Purchasing at (480) 731-8190 or email to purchasing@domail.maricopa.edu or by US Mail. All addenda/amendments will continue to be posted on our website at https://procurement.maricopa.edu/bid-opportunities. Failure to sign and return the "Acknowledge of Receipt" will result in your company not being sent any addenda to this RFP. Name of Firm: Address: Tel #: Fax #: E-Mail: Name: (Print) Title: Signature: Date: PLEASE NOTE: Failure to respond to this acknowledgement will result in you company being removed from our bidders mailing list for this commodity. ( ) We will not be responding to this solicitation. Please retain us on the bidder’s mailing list.

MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT

REQUEST FOR PROPOSAL # 3456-2

CONSTRUCTION MANAGER AT RISK SERVICES

Life Science/Physical Science Remodel and Building SOUTH MOUNTAIN COMMUNITY COLLEGE

7050 S. 24TH St. Phoenix, AZ 85040

PROJECT #20.1385

Pre-Proposal Meeting: Thursday, December 19, 2019

PROPOSAL DUE DATE: Thursday, February 13, 2020

MARICOPA COUNTY COMMUNITY COLLEGE DISTRICT

RFP #3456-2

CONSTRUCTION MANAGER AT RISK (CMAR) SERVICES

Life Science/Physical Science Remodel and Building Additions SOUTH MOUNTAIN COMMUNITY COLLEGE

A. SCHEDULE OF EVENTS

ACTIVITY DATE Release RFP December 6, 2019 Pre-Proposal Meeting December 19, 2019 Questions Due January 8, 2020 Proposals Due February 13, 2020 Notification Short-list Interviews March 2020 B. TABLE OF CONTENTS COVER SHEET SCHEDULE OF EVENTS / TABLE OF CONTENTS 1. GENERAL PROJECT INFORMATION 2. PROPOSAL INSTRUCTIONS 3. PROTECTION OF SENSITIVE INFORMATION 4. GENERAL TERMS AND CONDITIONS 5. PROPOSAL REQUIREMENTS, SELECTION PROCESS AND NEGOTIATION OF CONTRACT 6. SELECTION CRITERIA AND SUBMITTALS ATTACHMENT A: SIGNATURE PAGE EXHIBIT A: PROJECT LOCATION MAP

1

1. GENERAL PROJECT INFORMATION The South Mountain Community College Life Science and Physical Science Remodel and Expansion project contains an estimated +/-32,000 square feet and will include a combination of new building (approximately 19,000 square feet, including capture of existing outdoor covered walkway) construction, expansion and renovation of existing space (approximately 13,400 square feet). The project will provide a variety of new and updated science labs, lab support space, faculty offices, and informal learning spaces. The science labs have been lightly renovated and updated, with the remainder of interior spaces and building systems generally remaining close to original. The public restrooms in PS were renovated within the past five years. The LS Annex was added in 2007. The exterior was completely renovated in 1996, as part of a campus-wide project. .A phased project may be necessary due to the need for some areas of the existing building(s) to remain occupied and functional during construction. 1.1 INTRODUCTION The Maricopa Community College District, on behalf of South Mountain Community College, wishes to remodel and expand the Physical and Life Science Buildings. The Science buildings were constructed in the 1980’s. The expanded and remodeled facility should be energy efficient as is practical and possible. Further, the addition should complement and blend with the existing building. A pre-proposal meeting will be held for all interested consultants at 10:00 a.m., on Thursday, December 19, 2019, in Room SU-100 ABC of the Student Union, at South Mountain Community College, Phoenix, Arizona. This is NOT a mandatory meeting. The sign sheets will be posted on the Purchasing website following the meeting. The Construction Manager at Risk (CMAR) will begin with the firm in an agency support role for design phase services and will hold the construction contract with the District for construction of the project. At some point prior to construction, the CMAR will assume the risk of delivering the project through a guaranteed maximum price contract. The CMAR will be responsible for construction means and methods, and will be required to solicit bids from pre-qualified subcontractors to perform the work. The CMAR also may compete to self-perform limited amounts of work. The Maricopa Community College District encourages proposals by and use of sub-consultants who are Small Business Concern firms. SBC status will be reported for purposed of tracking expenditures for a voluntary SBC initiative within Maricopa Community Colleges. The District strongly supports the concepts of teamwork and Partnering. Your voluntary participation in this effort will promote teamwork, minimize confrontation and hopefully eliminate the need for litigation or claims, with all stakeholders finishing the jobs a winner. 1.2 CONTACT WITH DISTRICT AND COLLEGE PERSONNEL Proposing firms shall not make any direct contact with college or district staff the Purchasing Department representative listed below (or college Facility Manager strictly for building access) from the time that this RFP is issued until the time the final selection is made. Site visits to the campus and proposed project site may be taken at the consultant’s convenience during normal business hours. Access to the building or site will be restricted with a request for access to be made by prior arrangements with: David Bannenberg, Director, Building and Grounds, South Mountain Community College, (602) 243-8062 Any deviation from this policy or attempt to directly contact or influence any Maricopa Community Colleges employees, his/her representatives or member(s) of the MCCCD Governing Board, from the issue of this RFP until final award, may result in disqualification for the Recipient. This includes any casual contact not related to on-going work, in which case all conversation and contact should be strictly

2

limited to the current work issue alone. Any oral communications with MCCCD’s assigned representative will be considered unofficial and non-binding. 1.3 SMALL BUSINESS CONCERN (SBC) PARTICIPATION We encourage all firms, large or small, under every type of ownership, to propose on our projects. We are interested in increasing participation in our projects by Small Business Concerns (SBC). This is purely a voluntary effort with no mandatory participation goals or set aside percentages. A small number of points are awarded in the RFP evaluation process for the prime firms being an SBC and for SBC participation in your proposed subcontracting plan. Firms may qualify as an SBC in one of two ways. The first is if a firm already is designated as a Small Business Enterprise (SBE) by any Federal, State, or local governmental or public entity. A second method is through self-certification, using a combination of firm size and/or annual revenue, as described in the MCCCD Purchasing Procedures Manual, Chapter Eleven: Supplier Development Program (https://business.maricopa.edu/sites/default/files/New%20Purchasing%20Manual%20-%20100616.pdf). CMAR’s will identify whether they are an SBC and discuss SBC participation for subcontractors in their required Subcontractor Selection Plan in the RFP response. The Contractor will provide a report of anticipated SBC expenditures at the time all initial subcontract agreements have been signed and then provide a report at the end of the project showing actual SBC expenditures, including those directly to the CMAR if the CMAR is an SBC. 1.4 PRELIMINARY PROJECT INFORMATION The SMCC Life Science and Physical Science Remodel and Building Addition project will transform the existing science buildings into a +/-32,000 GSF modern teaching facility for chemistry, physical and life sciences, providing a variety of new and updated science labs, lab support space, faculty offices, and informal learning spaces. The project as proposed has three phases, phasing is to be determined by user need, constructability, and budget. This project represents the best effort possible to reconcile four competing needs vs. resources:

• a bucket of need (the Program) • a bucket of budget • a bucket of existing space in combination with limited construction of new space connected or

adjacent to the existing PS and LS buildings • a bucket of class schedules so that the Science Department continues to operate and function

during both the new construction and remodeling. We expect the Project design team and contractor to come to an understanding of all four buckets, analyze needs and facilities, and produce multiple early, simple design options, including estimated cost, for the college and project team to discuss and ultimately select the best one. Integral with any option is construction phasing and the absolute requirement to maintain campus operation and instruction, with as minimal disruption as possible to on-going instruction during construction. All Ed Spec information and premises are open to discussion and analysis, in an effort to produce the most effective, efficient solution for students and faculty. This project will test the experience and ingenuity of the design and construction teams for the work. The new building/building addition and remodeling of existing lab space will house the instructional programs for life and physical sciences, including of classrooms, laboratories, prep and support spaces, storage, offices and student gathering spaces. Initially planned as a multi-stage project, one phase will construct a new building to house Chemistry and associated prep/support spaces, as well as some portion of Life Sciences that cannot fit within the remodeled buildings, initially proposed to include Anatomy and Physiology

3

classroom/labs, cadaver viewing and storage, and A+P prep and support space. In additional phase(s), the vacated PS and LS buildings will undergo substantial renovation to house the balance of the Life Sciences Department, and faculty offices. Some capturing of the existing covered walkway between and around PS and LS may be included to both provide interior corridor space to make air balance easier for high ventilation labs, as well as provide soft social/informal learning space. The project will result in providing increased capacity and updated facilities in support of science education at South Mountain Community College. The current programming includes approximately 23,000 net assignable square feet of programmed use. This project also anticipated that the remodeling/renovation work will include a new roof and fire sprinklers to PS/LS/LS Annex, appropriate exterior modifications (but keeping a consistent look and theme with adjacent buildings), as well as full replacement of existing electrical, mechanical and plumbing systems as required to meet modern lab conditions and loads. Project Site and Existing Building Plan Information:

NCC (North Campus Complex) is the former HOPE charter school that contains a high school level Chemistry lab and high school level Biology/Life Science lab. Some minor improvements may be desired for the existing science labs or general education classrooms converted to be used for science education IF budget allows.

4

PS includes 5,828 net assignable sf/9,260 sf total building area. LS provides 5,786 net assignable sf/7,588 sf total building area, and LS Annex includes 1,808 net assignable sf/1,983 sf total building area. The following is the site plan for PS (on the left), LS (on the right), and LS Annex (on the far right, attached to LS) overlaid with their floor plans. See the additional separate document showing enlarged building plans, the list of courses taught in each lab, photos, and miscellaneous notes in Attachment C.

5

A full copy of the Education Specification for this project is posted on the Maricopa Community College Purchasing website where the RFQ is listed, https://procurement.maricopa.edu/bid-opportunities. At the District’s option, the scope for this project may be increased as follows. These increases will be considered to be contemplated within the intent of the original RFP. If work or scope is adjusted per this paragraph, the total project budget and schedule will be revised as necessary and the CMAR’s pre-construction phase and construction phase fees will be equitably adjusted.

1. Up to thirty percent of the construction budget or building NASF size, whichever is greater, for additional work at the same or immediately adjacent site location as this proposed project, with uses similar to those proposed for this RFP.

2. Up to fifteen percent of the construction budget for site development or utility infrastructure, prompted by this project, whether solely serving this project or not, and which also may serve existing or future buildings.

1.5 COLLEGE PRESIDENT’S GOALS & VISION FOR THIS PROJECT Our vision of South Mountain Community College's new Science Annex and remodeled Science Building project will focus on attracting and serving students from the South Mountain, Laveen and Guadalupe communities as a whole.

• We will be at the forefront of providing state-of-the-art facilities so that current and future generations are well prepared to face global challenges.

6

• We envision a collaborative, friendly and science-centered environment, which will spark interest for furthering scientific inquiry as well as future development.

• The building's attractive, student-centered design will encourage group and individual study with access to a wealth of science resources.

• A broad spectrum of programs will be housed in the new facility to include Chemistry, Organic Chemistry, Physics, Microbiology, Molecular Biology, and Anatomy and Physiology.

1.6 BUDGET The construction budget for the LS/PS remodel and expansion is approximately $11.5M, including site development and utilities extensions/development, fixtures or equipment that will be provided by the contractor, CMAR General Conditions and construction phase fees and the CMAR’s construction phase contingency. This budget does NOT include consultant or Pre-Construction Phase CMAR or consultant fees, FF&E, or other direct-to-Owner costs. Permanently affixed furniture, window blinds, white boards, movable lab tables, fume hoods, etc. ARE intended to be included within the indicated GMP and are to be provided and installed by the CMAR. The District and college understands the volatility within current construction pricing and accepts that additional budget or reduced scope may be required to meet the stated program and budget. 1.7 PROJECT SCHEDULE The following schedule is subject to obtaining funding for both the new construction and remodeling phases before the initial GMP is offered. Funding is available immediately for the phase one construction portion only. If funding is not provided or is delayed, the timing as well as the viability of the phase two and three will be determined. If funding is not received or is inadequate to complete additional phases as initially anticipated, the Consultant and CMAR agreement will be amended mutually to respond to a revised scope of work, budget, and schedule.

Estimated Completion Select Consultant February 2020 Select CMAR March 2020 Execute Consultant agreements March 2020 Programming April 2020 Design & Construction Documents December 2020 GMP* for all Phases February 2021 Governing Board approval of GMP and Notice To Proceed March 2021 Phase One Probable Occupancy August 2022* Phase Two/Three Probable Occupancy August 2023*

*Occupancy may need to be adjusted based on user need and/or phasing requirements. Warranty Period: Two years from Substantial Completion of each phase *Once design is underway, the District and project team will discuss the possibility of a slightly accelerated schedule, including early release of some materials and work and the possible combining of phases, allowing for an earlier occupancy. If the funding is available for the GMP to cover both the new construction and remodeling, we would expect that many of the longer lead time items for the remodeling will be ordered during the new construction phase and be ready to install as soon as practical once the remodeling work begins. *The District expects that some early partial GMP’s may be provided to allow early ordering of materials

7

and equipment to speed the construction process if practical and required. 1.8 CMAR Services to be Provided 1.8.1 Pre-Construction Phase Services: The CMAR generally may provide the following Pre-Construction Phase Services listed below:

A. The CMAR will be a partner in the project team, participating in and providing recommendations

regarding project planning, preliminary budgets, marketplace conditions, phasing of the various trades, selection of materials, building systems and equipment, achieving efficiencies in project delivery, and construction phasing that will minimize interruptions to college operations.

B. Work with the college and design team to produce multiple early development options, along with

conceptual pricing, to allow the college to select and proceed with a design that meets the majority of their needs.

C. Provide a Practicality Assessment for each design phase that evaluates whether or not the design

meets the Owner's requirements within a reasonable schedule and within budget. D. Develop a master schedule with project phasing for design and construction that takes into account

Possible continued use of the facilities (phasing) during construction, safety of students and staff, educational, and other school programs, the need for temporary facilities, relocation of utilities and other infrastructure needed.

E. Coordinate, integrate and update the project schedule with the services and activities of the Owner,

Architect and CMAR, including proposed activity sequences and durations, milestone dates for receipt and approval of pertinent information, and submittal of the Guaranteed Maximum Price proposal. Recommend any fast track, multiple GMP or early procurements necessary to maintain the Owner requested schedule.

F. Provide the Owner and Architect with a schedule for procurement of long-lead time items that will

constitute part of the work as required to meet the project schedule and initiate that procurement as directed.

G. Perform cost estimating, value analysis and best value recommendations to ensure project design

stays on track with project budget and available funding. Providing detailed cost estimating and evaluation of alternative systems or materials, including conducting value engineering as needed. Consider life cycle and operating cost in addition to first cost in developing options and making recommendations. If any estimate submitted to the Owner exceeds the previously approved budget, the CMAR shall work with the Architect to make recommendations to the Owner to reduce the cost of the project. In no case will the project be allowed to exceed the stated budgets, except for changes in scope, quality or schedule requested by the Owner. While estimates are due at the end of each stage of design, we prefer that the contractor develop and use a dynamic estimating system, with on-going review of costs reflecting on-going changes in the project documents.

H. Provide a program to pre-qualify subcontractors and suppliers. Recommend methods and determine

coordinated scopes of work to be used for selection and award of trade contracts. Develop a bidder’s list of qualified subcontractors and suppliers and guide the development of bid packages to match project schedule, phasing plan, and subcontractor divisions. Evaluate the need and make a recommendation for the early selection of any subcontractors in order to achieve early pricing commitment or participation in design assistance and/or delegated design.

I. Perform constructability and bid-ability reviews. Perform a review of the Construction Documents to

ensure they are complete, constructable, and meet the project objectives within budget. Providing

8

quality control and completeness reviews of the proposed design and construction documents at each phase, including coordination and constructability reviews.

J. Attend design meetings, which may include user or design team committee meetings and selected

architectural coordination meetings with their consultants.

K. At the 95% completion point of Construction Documents, and/or at an earlier time as required by the District, prepare and submit a Guaranteed Maximum Price (GMP) that fits within the owner's budget and meets the owner's intent. The District reserves the right to phase work and/or use fast track approach as appropriate to the project. If the District and the Contractor cannot agree on the GMP, the District may terminate the services of the Contractor and compensate per the contract documents.

L. Bond and insure the construction.

1.8.2 Construction Phase Services and Management of Construction The CMAR will provide the following Construction and Construction Management services listed below. Using the design and Construction Documents, the CMAR will become responsible for the construction of the project, assuming the risk of delivering the project through a Guaranteed Maximum Price contract, including: A. Acting as the District’s fiduciary, creating a relationship of trust and confidence between itself and the

District on all matters, including pricing. B. Entering contracts with all subcontractors, material suppliers and equipment suppliers necessary for

the construction of the facility. C. Pro-actively scheduling, coordinating and managing all construction activities including project-related

work by subcontractors, suppliers and Owner’s direct vendors and contractors. Arrange for procurement of materials and equipment, bidding, awarding and managing of all construction related contracts.

D. Obtaining and payment all required permits where indicated in the Construction Documents, licensing

and bonding to comply with pertinent municipal, county, State and Federal laws. E. Addressing all related regulatory processes requirements and scheduling and addressing all

inspections and corrections to the work. F. Providing continuous on-site construction management services throughout the construction phase

through close-out, including: 1. Conducting regular and specially required job-site meetings. 2. Maintaining daily on-site project log and schedule report. 3. Overseeing quality control testing and inspection programs. 4. Monitoring construction management staff and subcontractor safety programs. 5. Coordinating with various District departments, other agencies, utility companies, etc. 6. Recognizing and managing the process to respond to the District’s sensitivity to quality,

uninterrupted on-going operations, safety, and environmental issues. 7. Maintaining (post) master set of construction documents on-site to include all changes to

the construction documents including but not limited to, ASI's and supplemental sketches and provide copies to all subcontractors concerned.

G. Developing, updating and maintaining master project schedules, detailed construction schedules,

submittal schedules, inspection schedules and occupancy schedules. H. Coordinating timing, delivery and installation of Owner provided equipment, furnishings, etc.

9

I. Working with the Architect and the District's Project Manager on the project. Process and submit pay

requests for approval, issue RFI's and change order requests as necessary and assist the Architect, Project Manager and Owner as required for timely completion of the project.

J. Reporting potential budget and schedule variances and prepare recovery plans. K. Coordinating surveyors, special consultants and testing lab services directly contracted by the Owner

as required. L. Administering post-construction close-out and warranty collection, training, start-up and transition to

Owner. Except as otherwise noted in the Project specifications, the warranty period shall be at a minimum two years from the date of Substantial Completion.

M. Developing and delivering warranties for the Work, including a summary by division and product, vendor information, warranty start and stop dates and any special warranty period, i.e., roofs, compressors, etc.

N. Providing all cost information and pricing with an “open book” accounting philosophy and reporting to

the District as required. Remaining project and contractor contingency in the project will be returned to the Owner at the completion of the work. With the mutual agreement of the Owner and Contractor, a portion of the contingency may be used during the course of the work for Owner requested changes or improvements.

O. Working with and coordinate activities with any third party contracts or contractors that the District

provides for the project. Coordinate with various District departments, other agencies, utility companies, etc.

P. Providing and coordinating Owner training, record documents, and other required close-out documents. 1.9 Provided by the District The District will contract separately for architectural and engineering services, geo-technical/materials testing and special consultant inspections, hazardous materials testing or abatement, plan review and building system commissioning as needed. 1.10 Documents used for CMAR Contract The District uses the Agreement Between Owner and Construction Manager where the Construction Manager is also the Constructor (based upon AIA Document B121/CMc with Maricopa County Community College District modifications) and the General Conditions of the Contract for Construction (based upon AIA Document A201-97 with Maricopa Community College District modifications), as the agreement for this project. Drafts of this Agreement and the General Conditions, neither of which has been edited specifically for this project, can be seen at: https://www.maricopa.edu/sites/g/files/vmcrws441/files/pdf/fpd/A121_Owner-CMAR_Agreement.pdf https://www.maricopa.edu/sites/g/files/vmcrws441/files/pdf/fpd/A201_General_Construction_Contract_Conditions.pdf 2. PROPOSAL INSTRUCTIONS 2.1 PURPOSE OF RFP The purpose of this solicitation is to obtain proposals from qualified contractors to provide construction advising services and construction of the Life Science/Physical Science Remodel and Building Additions at South Mountain Community College.

10

2.2 PROPOSAL QUESTIONS All questions regarding this RFP shall be submitted to: Larry Woo, C.P.P.B., Senior Procurement Analyst, MCCCD Purchasing, (480) 731-8521 email to: larry.woo@domail.maricopa.edu Questions must be sent by mail or e-mail. Questions will only be accepted until close of business on Wednesday, January 8, 2020. We will not respond directly to the company asking the question. Questions will be answered in the form of an addendum and sent to all potential respondents on/about Thursday, January 23, 2020. Any interpretation, correction, or change of this RFP will be made by written Addendum. Interpretations, corrections, or changes of this RFP made in any other manner will not be binding, and Proposers shall not rely upon such interpretations, corrections, and changes. Any changes or corrections will be issued by MCCCD Purchasing. Addenda will be mailed or faxed to all that are known to have received a copy of the RFP. Addenda will also be posted to the proposal documents on the Purchasing website located at https://procurement.maricopa.edu/bid-opportunities . Please acknowledge all addenda issued in the submitted RFP response. Failure to acknowledge any addendum(s) may be cause for rejection of your proposal. Many questions about the process used to select consultants and contractors, along with Maricopa’s approach, can be found at the Facilities Planning and Development website under For Contractors or Consultants, How to Work for Maricopa, our answers to frequently asked questions. You can find this document at: https://www.maricopa.edu/sites/g/files/vmcrws441/files/pdf/fpd/Construction_Contractors_Working_for_Maricopa_FAQ.pdf All proposing firms are encouraged to be familiar with the Facilities Planning & Development website: https://www.maricopa.edu/community-business/facilities-information/facilities-planning-development This website contains information critical to working with the District and to the successful construction of District facilities, including FM Global Fire Sprinkler Guidelines and Standards for District Facilities. 2.3 PROPOSAL SUBMISSION It shall be the responsibility of the Proposer to assure that Proposals are received as follows: The Proposal packet must contain one (1) original, NINE (9) copies of the proposal and one (1) copy in PDF Format on CD/DVD/flash drive. The original must be clearly marked "Original" and the Proposal submission must be delivered sealed. All proposals must be submitted in writing and electronically as noted above. Oral, telephone, facsimile or emailed proposals will not be accepted. Each proposal shall be prepared simply, providing the straightforward, concise description of the proposer's ability to meet the requirements of the RFP. Emphasis should be on completeness and clarity of contents. No proposal shall exceed twenty (20) pages in length plus any exhibits or attachments. We will count each page that has text, graphics or photographs, including resumes and the cover letter. Printed material on both sides of the page will count as two pages. We will NOT count the following as pages: front and back cover of the submittal, dividing tabs, table of contents if one is provided, or other required Attachments including the signature page. The Proposer shall furnish and include all requested information with their proposal. Statements are required to be complete and accurate, and the proposal shall be signed by an authorized signatory of the company (sworn to and notarized, if requested). A proposal submitted by an agent will have a current Power of Attorney attached certifying the agent’s authority to bind the Proposer. Omission, inaccuracy, or misstatement may be sufficient cause for rejection of the proposal.

11

The Proposals must be addressed to and received at the Main Reception Desk of the District Office, 2411 West 14th Street, Tempe, AZ, 85281. The following information must be clearly visible on the outer most Proposal Packaging:

Request for Proposal #3456-2 CONSTRUCTION MANAGER SERVICES

Life Science/Physical Science Remodel and Building Additions South Mountain Community College

Proposal Closing Date: Thursday, February 13, 2020 Time: 2:00:00 p.m. (local time)

Proposals received after the stipulated date and time will not be considered and will be returned unopened. NOTE: If the proposal package is being hand carried or delivered, the delivery agent should allow sufficient time to arrive, park, and go through security prior to dropping off the proposal package. This applies to any other method of delivery (FedEx, UPS,USPS, etc.) as well. Late proposals will not be accepted or considered for award. Regardless of the method of delivery, it is your responsibility to insure on-time delivery of the proposal package. 2.4 PROPOSAL EVALUATION This Request For Proposal does not constitute a commitment by the District to award a contract. The District reserves the right to waive any informalities and to reject any or all proposals and/or to cancel the Request For Proposal. The award shall be made on the proposal(s) that serves the best interest of the District and will not be evaluated solely on a monetary basis. The District reserves the right to negotiate a contract with the selected awardee. If it does so, no contract award shall exist for purposes of the awardee initiating contract performance or incurring contract costs until an authorized representative of the District signs the contract. If the District determines that the RFP and the selected awardee’s proposal will constitute the contract, no contract award shall exist until the selected awardee receives a Notice of Award” from an authorized representative of the District and, if applicable, the approval of the District’s Governing Board. Additionally, a selected awardee may not initiate contract performance or incur contract costs until it receives a District-issued purchase order. 2.5 PROPRIETARY INFORMATION In the event any Proposer shall include in the Proposal any information deemed "proprietary" or "protected", such information shall be separately packaged from the balance of the proposal and clearly marked as to any proprietary claim. The District discourages the submission of such information and undertakes to provide no more than reasonable efforts to protect the proprietary nature of such information. The District, as a public entity, cannot and does not warrant that proprietary information will not be disclosed. The District shall have the right to use any or all information included in the proposals submitted unless the information is expressly restricted by the Proposer. 2.6 MODIFICATIONS TO PROPOSALS No oral, telephone, telegraphic, facsimile or computer data transfer proposals or modifications will be considered. 2.7 WITHDRAWAL OF PROPOSALS Any Proposer may withdraw their proposal by written request at any time prior to the deadline set for receipt of proposals. No proposal may be withdrawn or modified after that deadline and shall be binding upon Proposer for a period of ninety (90) days after due date. Withdrawn Proposals may be resubmitted up to the time designated for the receipt of Proposals provided that they are then fully in conformance with the general terms and conditions of the RFP.

12

2.8 PROPOSAL COSTS Any and all costs associated with the preparation of responses to this Request For Proposal, including site visits, oral presentations and any other costs shall be entirely the responsibility of the Proposer and shall not be reimbursable in any manner by the District. 2.9 ORAL PRESENTATIONS After opening and prior to award, proposing firms may be required to make oral and visual presentations at the request of the District. The District will schedule the time and location for any presentations as requested. Oral presentations will be evaluated and will become part of the final selection recommendation. 2.10 AWARD WITHOUT DISCUSSION The District reserves the right to make an award(s) without further discussion of the proposals received. It is therefore critical that all proposals be submitted initially in the most favorable terms possible, both economically and technically. 2.11 CONTRACT COMMENCEMENT/TERM It is the intent of the District to commence the resulting contract as soon as possible after evaluation of the proposals and Governing Board approval. A written Notice of Award will be made prior to commencement of performance. 2.12 NON-COLLUSION The District requires free and open competition. Whenever possible, specifications, proposal invitations and conditions are designed to accomplish this objective, consistent with the necessity to satisfy the District's needs and the accomplishment of a sound economical operation. The Proposer's signature on its proposal guarantees that any prices offered have been established without collusion with other eligible Proposers and without effort to preclude the District from obtaining the lowest possible competitive price. 3. PROTECTION OF DISTRICT’S SENSITIVE INFORMATION MCCCD takes important steps to protect Sensitive Information1 by treating Sensitive Information as confidential and encouraging its personnel and consultants to take care in handling Sensitive Information. Personally identifiable information, personally identifiable education records, individually identifiable health information, personally identifiable financial information and payment card information are examples of Sensitive Information covered under the Arizona Revised Statutes (ARS), MCCCD limits access to Sensitive Information to those who need it to perform their jobs. Access may be achieved through direct physical connection into the Owner’s technology infrastructure and/or equipment through cabling and/or through other direct physical connection, Personal devices, and/or other Owner owned or operated networks. Indirect access to the Owner’s technology infrastructure, equipment and/or data through remote electronic access, such as the internet, unsecured/public WiFi networks provided by the Owner, or networks not owned and/or operated by the Owner. MCCCD’s external service providers must also protect Sensitive Information, and use it only to meet MCCCD’s business needs. MCCCD also takes steps to protect its computer systems from unauthorized access and works diligently to comply with applicable information security, data privacy and related laws, rules and regulations. Consultants or individuals who will require access to MCCCD’s technology systems, either through direct physical connection or indirect access, and consequently may have access to Sensitive Information, will 1 Sensitive Information is information that is so deemed under applicable law. Personally identifiable information, personally identifiable education

records, individually identifiable health information, personally identifiable financial information and payment card information are examples of Sensitive Information covered under the Arizona Revised Statutes (ARS), Family Educational Rights and Privacy Act (FERPA), Health Insurance Portability and

Accountability Act of 1996 (HIPAA), Gramm–Leach–Bliley Act (GLBA aka Financial Services Modernization Act of 1999) and Payment Card Industry

Data Security Standard (PCI DSS), respectively. (HIPAA), Gramm–Leach–Bliley Act (GLBA aka Financial Services Modernization Act of 1999) and

Payment Card Industry Data Security Standard (PCI DSS), respectively.

13

be required to undergo significant screening and reviews to assure the security and privacy of MCCCD’s systems and information. Contact the project manager for additional information regarding the security screening process and additional requirements. Safe harbor: If the Contractor, its employees, and/or any tier of Contractor's agent(s) in the performance of this Contract hosts or maintains MCCCD Confidential Information on its technology, Contractor warrants and confirms that the hosting or maintenance of that information meets applicable legal and industry security standards, including qualifying for “safe harbor” rules under applicable data breach laws. 4. GENERAL TERMS AND CONDITIONS MCCCD reserves the right to negotiate with the successful Proposer and modify any of the provisions of the Contract upon mutual written agreement of the parties. 4.1 PARTIES TO AGREEMENT The Contract shall be between the Maricopa County Community College District and the successful Proposer (“Contractor”). 4.2 LIABILITY FOR TAXES The Contractor is responsible for paying all taxes applicable to its operations, business property and income. MCCCD shall not be liable for any tax imposed either directly or indirectly upon the Contractor, except that MCCCD will pay as part of the Contract price any transaction privilege or use tax assessed on Contractor’s provision of the services or materials under the Contract. 4.3 NO WAIVER MCCCD's failure to notify the Contractor or to object to the Contractor's non-compliance with the terms of the Contract shall not be deemed a waiver of MCCCD's right to demand compliance with the Contract or to terminate the Contract for breach for the Contractor's subsequent non-compliance with any term of the Contract, or its repeated failure to perform according to the Contract. 4.4 FINANCIAL TRANSACITONS If the Contractor is responsible for handling any type of financial transaction for MCCCD, the Contractor shall demonstrate annually, as applicable, that it complies with the Statement on Standards for Attestation Engagements (SSAE) No. 16, known as SSAE 16, established by the Auditing Standards Board (ASB) of the American Institute of Certified Public Accountants (AICPA). The Contractor shall provide its annual report, as applicable, on a reporting form or forms adopted as part of SSAE No. 16 no later than 30 days after MCCCD requests it in writing. 4.5 CONTRACT EXTENSION Should the RFP provide options for extending the Contract beyond its initial term, MCCCD reserves the right to exercise those options without prior written notice and by the issuance of a Contract Amendment to the Contractor. If the Contractor does not wish to renew the Contract, it must submit a written notice of its desire to cancel, which must be received by MCCCD’s Purchasing Department no later than ninety (90) days prior to the end of the current term or within 7 days of receipt of renewal letter. Notwithstanding that the Contractor has sent a notice of intent not to renew, MCCCD reserves the right to unilaterally extend the Contract for a period of sixty (60) days beyond the final option term of the contract should it be determined it is in the best interests of MCCCD to do so. 4.6 FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT If Contractor has access to students' educational records, Contractor shall safeguard those records and limit its employees' and/or agents’ access to the records to those persons for whom access is essential to the performance of this Contract. Contractor is prohibited from disclosing those records without the prior

14

written authorization of the student and/or the parent of a student who is a minor permitting MCCCD and Contractor to release the information according to the authorization. At all times during this Contract, Contractor shall comply with the terms of the Family Educational Rights and Privacy Act of 1974 (“FERPA”) in all respects and shall be responsible for ensuring that any subcontractors involved in the Contract work also comply. 4.7 INSURANCE REQUIREMENTS See the sample Owner-Contractor Agreement and General Conditions of the Contract for pre-construction and construction phase insurance requirements. 4.8 INDEMNIFICATION See the sample Owner-Contractor Agreement and General Conditions of the Contract for indemnification requirements. 4.9 RECORD AND DATA RETENTION, OWNERSHIP, ACCESS AND DECOMMISSIONING

4.9.1 As a political subdivision of the State of Arizona, MCCCD is subject to applicable laws related to the inspection and production of public records. A public record entails any record, either paper or electronic, made by a public officer (including members of the Governing Board, faculty, staff and administrators) and kept as a memorial of an official transaction. Pursuant to Arizona Revised Statutes §41-151.12, MCCCD must retain records according to established retention periods. Records required for ongoing or foreseeable official proceedings such as audits, lawsuits or investigations must be retained until released from such official proceedings. Thus, if applicable, the Contractor’s hosted system shall have the ability to:

A. Archive records according to variable time periods/life cycles; B. Search and retrieve records based upon content; C. Place a litigation hold on records to ensure that they are not deleted; D. Grant direct access to MCCCD for its own search and production of records; E. Preserve meta data; F. Produce electronic records in their native format; and G. Comply with the Americans with Disabilities Act.

4.9.2 MCCCD owns all of the records and data of which Contractor has custody on MCCCD’s

behalf. Contractor will not disclose, use, destroy, transfer or otherwise manage those records and data except as provided in this Contract or, if the Contract is silent, without the express written approval of an authorized MCCCD representative. Contractor will work with MCCCD to transfer all of MCCCD’s records and data to MCCCD on the termination or expiration of this Contract.

4.9.3 Contractor agrees to provide MCCCD access to records and Confidential Information that Contractor holds or uses on behalf of MCCCD upon written request of MCCCD with reasonable advance notice. Further, Contractor agrees to make amendments to Confidential Information as directed by MCCCD and will maintain a record of those changes.

4.9.4 Contractor agrees to maintain, and provide to MCCCD if requested, a record of when and to

whom Confidential Information is disclosed.

4.9.5 MCCCD agrees to provide Contractor with adequate notice of any further limitations or restrictions on the use of Confidential Information, and modifications to the amendment of records or accounting of disclosures.

4.9.6 Confidential Information of the disclosing party will be returned to the disclosing party

or securely destroyed promptly upon request of the disclosing party without retaining any copies thereof, with any destruction confirmed in writing by receiving party, with any destruction confirmed

15

in writing by receiving party, except to the extent copies are required by law to remain with Contractor.

4.9.7 Contractor shall keep in a safe place all financial and performance records and statements

pertaining to this contract for a minimum of five (5) years from the close of each term of the contract. 4.10 PROVISION OF SUPPLIES, MATERIALS AND LABOR The Contractor shall furnish all supplies, equipment, and all management and labor necessary for the efficient and sound provision of the services or materials it supplies under this Contract, or in subsequent extensions or amendments. 4.11 CONFLICT OF INTEREST Notice is given of Arizona Revised Statutes §38-511 under which MCCCD may cancel a contract without recourse for any conflict of interest described in that law. 4.12 AUDITS Contractor shall make available during normal business hours and with advance notice from MCCCD all records pertaining to the Contract for purposes of audit by MCCCD staff or other public agencies having jurisdiction over or audit rights involving the expenditure of MCCCD funds. See the sample Owner-Contractor Agreement and General Conditions of the Contract for additional requirements. 4.13 UNAUTHORIZED COSTS OR COSTS OUTSIDE SCOPE OF AGREEMENT; TRAVEL Costs or expenses of the Contractor relating to its performance of this Contract that are not included in the Contract price or are not authorized by the Contract are the sole responsibility of the Contractor and not reimbursable by MCCCD. If the Contract specifies that MCCCD will reimburse the Contractor a specific cost, Contractor may not charge MCCCD that cost without MCCCD approving a prior estimate of it. 4.14 NON-DISCRIMINATION Contractor will comply with all applicable state and federal law, rules, regulations and executive orders governing equal employment opportunity, immigration, and nondiscrimination, including the Americans With Disabilities Act. If applicable, the parties will abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, age, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national original, protected veteran status or disability. MCCCD also prohibits discrimination on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, citizenship status (including document abuse), disability, veteran status or genetic information. 4.15 LEGAL WORKER REQUIREMENTS Arizona Revised Statutes including § 41-4401 prohibits MCCCD from awarding a contract to any contractor who fails, or whose subcontractors fail, to comply with the requirements to verify the employment eligibility of their employees through the Federal E-verify system. 4.16 SUDAN AND IRAN REQUIREMENTS Pursuant to Arizona Revised Statutes § 35-391.06(A) and § 35-393.06(B), every Contractor must certify that it does not have “scrutinized” business operations in either Sudan or Iran, as that term is defined in Arizona Revised Statutes § 35-391.(15) and § 35-393(12) respectively. 4.17 RISK

16

The Contractor assumes all risks due to any unfavorable conditions within its indirect or direct control except Force Majeure. Additionally, the Contractor assumes all risk for difficulties in the nature of the project or the work that the Contractor knew or should have known before entering submitting its proposal on which this Contract is based, under a scope of work issued under this Contract, or, if applicable, at the time of individual purchases under this Contract. 4.18 WORK TO BE PERFORMED BY OTHERS MCCCD reserves the right to perform any and all services in-house or to utilize the services of other firms. 4.19 PURCHASES OF OTHER PUBLIC ENTITIES MCCCD has entered into Cooperative Purchasing Agreements with Arizona State University, Maricopa County, and other public entities. MCCCD is also an active member of the Strategic Alliance for Volume Expenditures (SAVE) Cooperative agreement. Under these Cooperative Purchasing Agreements and with the concurrence of the Contractor, other public entities that are members of these associations or any entity within MCCCD may purchase services or materials, as applicable, off of this Contract unless Contractor explicitly specified in its proposal that it did not want to make the Contract available other than to MCCCD. This provision applies only to contracts that are for the provision of services or supplies on an “as-needed” basis throughout the contract term, and not to contracts for specific projects or one-time purchase where the contract expires on the completion of the project or the purchase. 4.20 PAYMENT MCCCD reserves the right to dispute an invoice or make partial payment based on the Contractor’s failure to perform the Contractor’s work according to the Contract, including for lack of timeliness or failure to provide deliverables. CONTRACTOR MAY NOT BEGIN WORK UNDER THE CONTRACT NOR WILL ANY PAYMENT BE MADE WITHOUT THE CONTRACTOR RECEIVING A SIGNED PURCHASE ORDER FROM THE MCCCD PURCHASING DEPARTMENT. 4.21 ADVERTISING AND PROMOTION The name or logos of the MCCCD or those of any of the colleges, skill centers, or programs under MCCCD’s jurisdiction shall not be used by Contractor except as may be required to perform this Contract and only as approved under MCCCD’s “Use of MCCCD Marks” regulation at: https://district.maricopa.edu/regulations/admin-regs/section-4/4-19 4.22 NO WAIVER OF SOVEREIGN IMMUNITY Nothing in this Agreement shall be interpreted or construed to waive MCCCD’s sovereign immunity under the laws of the State of Arizona. 4.23 DOCUMENTATION OF ANALYSES TO SUPPORT FINDINGS, CONCLUSIONS AND RECOMMENDATIONS To the extent that the work under the Contract requires the Contractor to make findings, conclusions or recommendations to MCCCD,, the Contractor shall retain during performance and provide to MCCCD detailed analyses relating to each of its findings, conclusions or recommendations, whether or not the analyses support or are inconsistent with the findings, conclusions or recommendations,. Unless specified in the subsequent Parts of this RFP, Contractor shall provide that documentation separately but at the same time that it presents its findings, conclusions, and recommendations. MCCCD reserves the right to withhold or deduct payments otherwise due to Contractor if it fails to provide the detailed analyses. In some instances, Contractor may be directed to prepare its findings, conclusions, and recommendations under the direction of the Office of the General Counsel. In those instances, Contractor will submit its findings, conclusions, and recommendations in a manner that maximizes the extent to which attorney-client privilege and work product protections apply to such deliverables.

17

4.24 GIFTS, GRATUITIES, UNRELATED COMPENSATION AND CONFLICTS OF INTEREST In the interest of public stewardship, MCCCD holds its employees, officers, and vendors to high ethical standards. Arizona state law prohibits an MCCCD employee or officer from participating in any way in any MCCCD decision, contract, sale or purchase if he or she has received something of value from an outside party whose interests are involved in that MCCCD decision, contract, sale or purchase. Additionally, Arizona state law precludes any MCCCD employee or officer from obtaining compensation of any kind for performing his or her responsibilities other than the compensation provided by MCCCD. MCCCD also has adopted a regulation that prohibits any employee from accepting any cash, currency, item with a value of more than $50 (from a single source in a fiscal year), meal, beverage or cost of entertainment if it could be interpreted as an enticement to receive MCCCD business (whether or not paid for by a vendor or by a vendor’s personal funds) or if there is an expectation of future financial benefit to the vendor. In keeping with these policies, Contractor certifies that neither it nor, if applicable, its subcontractors, suppliers, or distributors, has offered anything of value, and will not offer anything of value so long as it does business with MCCCD, to an MCCCD employee or officer responsible for MCCCD decisions, contracts, sales or purchases that may benefit Contractor or its subcontractors, suppliers or distributors. 4.25 DISABILITY STANDARDS If applicable to the work of the Contractor under this Contract, Contractor warrants that it complies with Arizona and federal disabilities laws and regulations. Contractor warrants that the products or services to be provided under this Contract comply with the accessibility requirements of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §12101 et seq.) and its implementing regulations set forth at Title 28, Code of Federal Regulations, Parts 35 and 36, Section 508 of the Rehabilitation Act of 1973, as amended (29 U.S.C. §794d) and its implementing regulations set forth at Title 36, Code of Federal Regulations, Part 1194; and maintain, if applicable, Web Content Accessibility Standards 2.0 at Level AA. Contractor agrees to promptly respond to and resolve any complaint regarding accessibility of its products or services. Contractor must provide, on request, accessibility testing results and written documentation verifying accessibility. Contractor further agrees to indemnify and hold harmless MCCCD from any claims arising out of its failure to comply with the aforesaid requirements. Failure to comply with these requirements shall constitute a material breach and be grounds for termination of this Agreement. 5. PROPOSAL REQUIREMENTS, SELECTION PROCESS AND NEGOTIATION OF CONTRACT (Refer to Section 6 of this RFP for a listing of items that require specific, written responses or confirmations.) To be considered for selection, respondents shall meet the following requirements:

5.1 ACCEPTANCE OF CONTRACT TERMS AND CONDITIONS The successful Proposer will be required to execute the then current form of contract and General Conditions prepared by the District. A copy of the current form of contract and General Conditions is available on the Facilities Planning and Development website as noted above. These forms are subject to minor editing changes by the District before they are presented to the successful Proposer. If a Proposer objects to any terms or conditions in the Contract or General Conditions, Proposer must include a list of terms and conditions to which the Proposer is opposed in its initial RFP response. Failure to do so will waive any later right to object or request modifications to any terms or conditions. Proposals that request changes to terms or conditions that are unacceptable to the District may be deemed non-responsive and rejected by the District without discussion. Discussion or listing of objections to the contract will NOT count against the page limit for the RFP. 5.2 DEVIATIONS FROM THE RFP

18

Proposers must specifically provide a separate listing of each circumstance in which their proposal differs from any terms or conditions of the Request for Proposals. Failure to list such a deviation will result in the terms of the proposal being disregarded in favor of the corresponding term(s) of the RFP. Material deviations from the requirements of the RFP shall result in rejection of the proposal. The term “material deviations” includes both deviations from the contract terms set forth in this RFP and additional contract terms that the Proposer requests MCCCD to consider. Be aware that the absence of a term on a subject, particularly a general contract term and condition, does not mean that the Proposer should feel free to offer one. MCCCD considers the General Terms and Conditions of this RFP to be a fair allocation of risk between a contractor and MCCCD. It will not accept terms – revised or additional ones - that shift those risks or provide the Proposer with additional discretion. The Proposer in choosing the respond to this RFP, must demonstrate in its Proposal that it accepts the terms upon which MCCCD is conducting the competition. The Proposer must list in the separate listing specified above all deviations, including any additional terms, in its Proposal so that MCCCD may consider them in determining the most advantageous offer. Deviations that a winning Proposer submits after it has been selected for award, such as through a vendor standard template contract, will not be considered. 5.3 SELECTION PROCESS AND NEGOTIATION OF CONTRACT The successful Proposer will be selected at the end of the RFP process. This is a qualifications based selection process. The initial written Proposal response should display clearly and accurately the capability, knowledge, experience, and capacity of the Proposer to meet the requirements of the RFP. Proposing firms will be ranked by the Selection Committee upon their qualifications and other criteria shown below. The highest ranked three to five firms will be interviewed. After evaluation and interviews by the Selection Committee, the best-qualified team will be recommended for selection and contract negotiation. The District then will attempt to negotiate a contract with the highest ranked firm, at a compensation that the District determines to be fair and reasonable for the services. In making this decision and determining the fees, the District will take into account the scope, complexity, and nature of the services required by the project. If the District is unable to negotiate a satisfactory contract with the firm considered to be most qualified, at a compensation that the District considers to be fair and reasonable, negotiations with that firm will be terminated. The District then will undertake negotiations with the next most qualified firm in sequence until an agreement is reached or a decision is made to reject all proposals. Following final selection and contract award by the District’s Governing Board, debriefings on firm proposals and interviews will be available to both the selected and not selected firms. We encourage all firms to take advantage of this opportunity. Contact the responsible Facilities Planning Project Manager to arrange for this review. 5.4 LIMITATION ON REIMBURSABLE EXPENSES Within the final negotiated contract amount, Reimbursable Expenses may include expenses of air and local transportation, meals and hotel expenses in connection with out-of-town travel made by the Contractor, the Contractor's employees or sub-consultants in the interest of the Project and only as approved in advance by the District. These expenses, and related rules for other travel expenditures, shall not exceed prevailing rates applicable to State employees as listed in the State of Arizona General Accounting Office information (Current Arizona State Rates---Lodging and Meal Index at https://gao.az.gov/travel/welcome-gao-travel). 5.5 PROTESTS AND APPEALS OF CONTRACT AWARDS Bid protests or appeals of contracts and awards shall be submitted per Chapter Nine of the Purchasing Procedures Manual, found on-line at: https://business.maricopa.edu/purchasing/purchasing-procedures-manual

19

6. SELECTION CRITERIA and SUBMITTALS Please provide the following information in the sequence and format prescribed below. In the initial screening of the responses to the Request for Proposal and in selecting a contractor, the following will be considered. The items shown below under Initial Screening for Interview Shortlist are shown in detail. The criteria used within the interviews and for final firm recommendation include the following: (a) the Proposer’s ability to communicate well and relate to the project users, campus and district administration (b) discussion and demonstration of experience with the proposed project type; and (c) discussion of the important and critical issues, opportunities, challenges presented by this project and similar projects completed by the proposing team. A. General Information NOTE: In Sections A.1 and A.2 below, items shown in bold underline type will be scored. (deductive points only, with no total limit, times a weighting factor of 2) A.1 Firm Information and History IF SOME OF THE INFORMATION REQUESTED IN THIS SECTION, SUCH AS FINANCIAL OR LAWSUIT/CLAIMS LISTING, SHOULD BE CONSIDERED CONFIDENTIAL, IT STILL MUST BE SUBMITTED OR POINT REDUCTIONS WILL BE MADE. THIS MATERIAL MAY BE SUBMITTED IN A SEPARATE SEALED ENVELOPE MARKED “CONFIDENTIAL”. THIS ENVELOPE WILL BE LOGGED IN WITH THE PROPOSAL SUBMITTAL, THEN OPENED AND EVALUATED ONLY BY THE PROJECT MANAGER, THEN RESEALED AND RETURNED TO PURCHASING FOR RECORD RETENTION. The following information may be supplied on AIA Document A305, Contractor's Qualification Statement, along with supplemental information or can be provided in another format, as long as the following order of information is observed and all requested information is provided.

Items accompanied by an asterisk (*) are items that are contained in the AIA A305 and need not be submitted separately if that document is provided. Items shown in italics are required additional information that are not included in the basic A305 document. Items shown with a BOLD underline (except numbered headers) are those items that have points assigned in the evaluation process.

General Firm Information:

a) Name of firm*: b) Address of principal's office*: c) Phone and fax*: d) Form of Business Organization (Corporation, Partnership, Individual, Joint Venture, Other)*: e) Year Founded*: f) Primary Contact*:

1. Organization:

a) How many years has your organization (parent company if multiple branches or local office if that is the entire organization) been in business as a Contractor*?

b) How many years has your organization been in business under its present name*? Under what other or former names has your organization operated*?

c) How long has your Phoenix office been in operation?

20

What is the current employee manpower level count is by general position description (show number of office and field construction staff by title/position, including specific counts of estimators/project managers, project engineers/field assistance, and general or assistant superintendents; (general administrative or support staff need not be shown). What is the local office’s average annual construction volume in place for each of the past five years.

d) If your organization is a corporation, answer the following: Date of incorporation, State of incorporation, President's name, Vice-President's name(s), Secretary's name, and Treasurer's name*.

e) If your organization is a partnership, answer the following: Date of organization, type of partnership (if applicable), and names of general partner(s)*.

f) If your organization is individually owned, answer the following: Date of organization, name of owner*.

g) If the form of your organization is other than those listed above, describe it and name the principals*.

h) Provide the names of any other construction related companies, which the current company ownership is or was an owner or partner, either in whole or in part, whether still in business or no longer in business, in the past ten years. If the company is no longer in business, state the reason.

2. Licensing and office in Arizona:

a) List jurisdictions and trade categories in which your organization is legally qualified to do business and indicate registration, showing your State of Arizona license type/classification and license numbers*. Note: At the time of this RFP submittal, the Constructor must have a valid Arizona General Contractor's license for the work proposed as well as any work that is proposed to be self-performed. The Constructor also must have an established office for at least three years in the State of Arizona at the time of the RFP submittal.

b) List jurisdictions in which your organization's partnership or trade name is filed*. c) List all claims filed with the State Registrar of Contractors in the previous five years with

a detailed description of the claim and the claim's disposition. 3. Organization History and Experience

a) List the categories of work that your local office normally performs with its own workforce*. b) List any subcontractors in which your organization has some ownership and list the categories of

work those subcontractors normally perform. c) Claims and Suits

(If the answer to any of the questions below is yes, please attach details) 1) Has your organization ever failed to complete any work awarded to it*? 2) Are there any judgments, claims, arbitration proceedings or suits pending or

outstanding against your organization or officers*? 3) Has your organization filed any lawsuits against or requested arbitration or

mediation with regards to its construction contracts with an owner, within the last five years*?

4) Within the last five years, has any officer or principal of your organization been an officer or principal of another organization when it failed to complete a construction contract*?

5) Please list all legal or administrative proceedings valued at more than $100,000, including litigation, construction claims, mediation or arbitration, currently pending against your organization or concluded adversely to your organization within the last five years that relates to the procurement or performance of any public or private construction work. General statements, without detail, that “large construction organizations like ours often are involved in litigation or claims”, etc., will be considered insufficient response to this question.

21

6) Has your organization ever had a surety company finish work, or has your organization ever entered into any voluntary take-out agreement, been defaulted or terminated for anything other than Owner convenience or lack of funds for the project on any project within the last five years?

7) Has your company been assessed liquidated damages for late completion or delivery of any project within the past five years?

8) Has your organization had any violations of federal or State law, related to payment of wages, benefits, personal income tax withholding, FICA withholding requirements, State disability insurance withholding, or unemployment insurance payment requirements, settled against the organization within the last five years?

9) Has the organization had any conviction of any member of the organization's ownership, upper management, or the proposed project team, related to submitting a false or fraudulent claim to a public entity?

d) State the total worth of work in progress and under contract as of the date of this

submittal, PLEASE SPLIT THIS TOTAL into • work in pre-construction/not yet started and • actual construction work in progress

NOTE: If your firm is a multi-location operation, include only those projects being managed and run from the same office location that will manage this proposed project.

e) State the average annual total amount and average number of projects with value

exceeding $10 million of construction work over the past five years* that was managed from the same office or branch proposed for our project. NOTE: If your firm is a multi-location operation, include only those projects being managed and run from the same office location that will manage this proposed project.

f) List the construction experience and present commitments of key individuals of your organization*.

4. References

a. Provide the names, address, phone number and contact name of four local trade or sub-contractor references*.

b. Provide the names, address, phone number and contact name for the local office’s primary bank*.

A.2 Financial Information

1. Financial Stability Information The Contractor must demonstrate the availability of financial resources and working capital to complete the project. We strongly prefer that the firm have: a) Working Capital Ratio of >1.0 (current assets/current liabilities) b) Positive profitability (revenues less costs before tax); and c) Return of Assets ratio >1%. (net profit before taxes / total assets) For the Contractor and/or its equity participants local office or business unit (not for the company as an entirety unless the local office is the entire company or there are no further business sub-divisions that include the local office), indicate Working Capital Ratio, Profitability (by percentage or dollar value) and Return on Assets Ratio for the most recently closed accounting annual accounting period AND previous two years (THREE YEARS TOTAL).

22

If a standard financial statement is submitted, it must include the three years AND the requested ratios and measures must be provided in clear form and location. The District will not provide this calculation for you. Copies of audited statements are not required with this submittal. The District reserves the right to require the Contractor to provide copies of audited financial statements for the prior three fiscal years, and interim financial statements, for review prior to contract award. Copies of financial statements may be submitted in a separate sealed envelope if they must remain confidential. These statements will be opened and evaluated, then be retained by Purchasing as evidence of their submittal.

2. Surety a) Provide name of the proposed surety, name and address of the local agent, and bond

rating*. b) Provide the total bond capacity of the firm and a written verification of payment and

performance bond capacity up to 125% of the proposed value for this project proposed to take place coincidentally with your current and anticipated workloads. This statement may be made with prerequisites or conditions from the surety, but must include a specific affirmative statement of favorable commitment for bonding for this project. General reference to the company’s capability, character, experience, etc., WILL NOT BE sufficient to meet this requirement.

The bonds required by this contract shall be provided solely by one or more surety companies holding a Certificate of Authority to transact surety business in this State issued by the Director of the Department of Insurance pursuant to A.R.S. § 20, Chapter 2, Article 1. Individual surety or sureties shall not execute the surety bond or bonds, even if the requirements of A.R.S. § 7-101 are satisfied.

c) Provide letter from the surety that affirms capability and rating.

d) State whether the Contractor or any related entity has been turned down on any surety

bond requests or bank credit requests within the past three years. If so, please provide the details.

3. Insurance

Provide the name of Workers Compensation, general liability, and commercial auto liability insurance companies. Include name, address and phone number of agent(s).

B. Current and Projected Work Load (0 to 3 points times a weighting factor of 5)

1. List all construction projects ($10,000,000 or larger) that your organization has (a) in progress, (b) under contract but not started, or (c) completed within the prior two years, giving the name and location of the project, the nature of your selection for the project (traditional bid, CMAR or negotiated contract, design-build, etc.), contract amount, percent complete and scheduled completion date, and both owner and architect contact name and current (please confirm!!) phone number.

2. Please state what percentage of work in the local office that is currently in process and for the past

three years is performed under a negotiated contract or CMAR format. C. Previous Experience in Similar Type Projects (0 to 5 points times a weighting factor of 10)

23

Identify at least five similar and comparable projects (in scope, size, budget etc.), in which your organization and/or key personnel to be assigned to this project served as either Construction Manager at Risk, agency Construction Manager during design and construction phases (without providing construction services), and/or General Contractor. If you have not had CMAR experience on similar projects, but your firm experience on other projects that you feel are comparable to either this project or the CMAR process, also include an explanation of why you believe that the experience is comparable or applicable to this project or delivery method. We are looking for examples showing specific experience (not all projects will have all of the following factors) in:

a. Higher education (community college, four-year college, or university) science labs showing experience in both Life Science and Chemistry labs.

b. Projects requiring early conceptual/programming level designs and cost estimating, allowing an owner to select a design that best meets their needs. (See the project’s Education Specification and Understanding and Approach to the Project.)

For each similar and comparable project identified, provide the following:

a) Description of project (use or type, size, location). b) Role of firm and services provided (specify whether Construction Manager at Risk,

agency Construction Manager or General Contractor. If CM at Risk or General Contractor, identify the percent of work self-performed.

c) Project's GMP and final cost d) Construction dates, including scheduled completion and actual completion dates. e) Project owner and architect contact, including name and current phone number.

PLEASE confirm this information. f) List the project’s key office staff and field personnel who worked on the project.

Note by color, asterisk, etc. which of these staff are being proposed for our project.

D. Experience of Key Personnel to be Assigned to This Project (0 to 8 points times a weighting factor of 5)

1. List the individuals to be assigned to the project and identify their position on the project team. Include a resume describing applicable qualifications and experience. List examples of their experience on at least three similar projects, identifying project size, schedule and complexity, as well as their specific role.

The District’s selection of a firm is based strongly on the primary/lead personnel proposed by the firm at the time of the RFP (per the required and submitted manpower staffing plan) and as presented at the final interview. Consequently, the District has a right to expect these personnel will continue in their proposed capacity through the completion of our project except for an individual's promotion, out of town transfer, termination of employment, illness or death.

2. Projects used as examples of “similar, relevant” work experience by an individual shall meet the

following minimum requirements: The individual must have been assigned at least 33% full time to the project for an entire

phase of the work indicated The individual must have had a substantive role or experience with the project. Occasional

“exposure to”, “support of” or “I logged shop drawings for it” is insufficient to meet this requirement.

This experience shall be clearly noted if the individuals were employed by other firms while doing the work. The District will spot check claims of experience done at other firms to assure the integrity of this information.

24

3. Provide graphical organization of proposed staff. 4. Provide graphic depicting your proposed manpower plan, and current and projected workloads

of proposed staff members. Indicate the time that each of the assigned staff will have to dedicate to this project during each phase (pre-construction and construction) of this project.

5. Key personnel identified and listed in the RFP are required to perform the identified roles

throughout the project unless otherwise agreed to in writing by the District. Improper or misleading credit for projects, in our view, is an adverse reflection on a firm's integrity.

E. Understanding and Approach to the Project (0-5 points times a weighting factor of 10) Use this part of the RFP to show us the value added that your firm brings to this project, in recognizing opportunities and challenges presented by this particular project, based upon our specific project needs, site, education specifications, coordination and your past experience. What are the issues, special risks opportunities, and challenges you perceive in this project and how do they impact the project? You don’t have to provide solutions or suggested recommendations but at least highlight these issues based upon your experience from other projects, insight, or training. Avoid using industry jargon or technical terms that the Committee members may not be familiar with.

Please respond to the following questions, using the page count limit noted with each item.

1. This project will require everyone’s best effort to reconcile four competing “buckets” of needs vs. resources: • a “bucket” of Program needs • a “bucket” of available budget • a “bucket” of existing space to be remodeled in combination with limited construction of new

space connected or adjacent to the existing PS and LS buildings; and • a “bucket” of class schedules so that the Science Department continues to operate and function

during both the new construction and remodeling (related to a phasing plan, what labs may be placed in the new construction, which may be placed in Phase II in the remodeling work, etc.)

This project will test the experience and ingenuity of the design and construction teams for the work.

QUESTION: Using examples discuss how you would approach the planning and creation of design options that will reconcile the four buckets, provide the College with multiple options to choose from, that address each bucket. How do you produce estimates based upon a very general, even just diagrammatic plan or bubble diagram? How accurate should we expect these costs estimates to be (we have to hit the budget bucket accurately). (1 page).

2. Your approach in general towards constructing science labs, including special challenges and issues

not common to other types of instructional facilities.

3. Multiple phase projects pose special challenges to pricing and establishing GMP’s, particularly when overlaid with current construction inflation pressures and market uncertainty. Presently, this project suggests a single GMP just before beginning construction that also locks in the GMP/pricing for any phase(s) that would begin nearly a year later. This is an immense challenge for all parties. The total construction budget is set for all phases, and the project must remain within the total budget at the completion of each construction phase. Given that, is the suggested requirement for a single GMP

25

the best approach? If multiple GMP’s would be acceptable, how does the Owner and design team know that there will be enough funding left for additional phase(s)? How can that be accomplished without providing an excessive contingency amount for the additional phase(s), which would have the effect of corroding the first phase budget and program? We’re interested in hearing the construction professional’s discussion and advice. (½ page).

4. Discuss any other issues, special risks opportunities and challenges you have identified for our

project and how they might impact our project. You don’t have to provide solutions or recommendations, but highlight these issues based upon your experience from other projects, and insight based upon our specific project needs, site, education specifications, etc. (½ page).

F. Sub-Contractor Selection and Pre-Qualification Program (0-5 points times a weighting factor of 5) Submit a Subcontractor selection plan that meets Arizona Revised Statutes requirements. The subcontractor selection processes/plan may be based on qualifications alone or on a combination of qualifications and price, but may not be based upon price alone. Describe the process and system that your firm will use to recommend, screen, pre-qualify and finally select sub-contractors for a project. Include both the areas of discussion/evaluation, as well as the timing of these reviews/decisions in the pre-qualification and final selection process. This plan will become the actual process used in this project.

• The sub-contractor selection plan also should discuss whether the CMAR contractor may self-perform any work for this project. If self-performed work is proposed, describe the type/trades and extent of the self-performed work and describe the advantage to the project.

MCCCD is interested in increasing participation in our projects by Small Business Concerns (SBC). MCCCD’s program is entirely voluntary and will not include any mandatory set asides or participation goals. Please provide a plan or description of the process that your firm will use to identify, qualify (if different than your standard pre-qualification process) and potentially select SBC subcontractors and materials suppliers. The Contractor will be required to submit projected expenditures with SBC concerns following completion of subcontract buy-outs, and then a report at the completion of the Work indicating actual SBC expenditures. See a further description of how firms qualify as SBC’s under 1.4 SMALL BUSINESS CONCERN (SBC) PARTICIPATION, shown previously. G. Safety Program / Record (0 to 5 points times a weighting factor of 2)

1. Note number of OSHA recordable cases, lost workdays, restricted workdays and fatalities during the last three years.

2. Summarize your written safety program. Include information on how you manage safety on the job site. A single copy of your safety program may be requested separately but should not be included in the RFQ response.

3. Identify the firm's current insurance experience modifier rate and that for each of the previous three years.

4. List any citations or serious violations of OSHA regulations within the past three years. 5. List the types of work typically self-performed on your projects.

H. Other Selection Criteria: Project Experience with the District, Firm Size and Quality of

Prior Work (-5 to 0 points for each item times a weighting factor of 1)

26

List all Maricopa Community College projects awarded to your firm in the past five years. The list shall include projects that currently are on-going, completed or those which your firm has been selected but are not yet under contract. For each project, note the location, award date (note if pending), construction cost or budget, project status/phase and estimated completion date. Projects awarded under a Job Order Contract should be listed but are not part of the points evaluation. As part of our selection process, the District has the responsibility of taking into account the size and complexity of the project under consideration, the resource investment of the firm in current District work, the quality and amount of previous work recently performed for the District, in order to extend business opportunities to a broad representation of qualified firms. Through deductive points for current or recent projects with the District, the District will attempt to offer a small advantage to qualified firms not currently or recently providing work for the District. I. Principal office location and local participation to provide the services

(-5 to 0 points times a weighting factor of 1) The District desires strong local participation in and support of this project, including the greater area of the State. Identify the location of the firm’s principal office and home office location of key staff for this project. Identify local (presently living or permanently relocating to the Valley) versus non-local staffing of your team, and the percent of their work expected to be done locally. J. Evaluator’s prior personnel experience with the firm and/or personnel (-5 (poor) to +5 (excellent) points time a weighting factor of 5) This will be the actual personal experience of the evaluator with the firm and/or proposed personnel based upon prior District projects, with regard to the quality of the firm’s or personnel’s work, ability to meet schedules, reliability, cooperation, and other relevant measures of the firm and/or proposed personnel’s work. This score will occur only on the evaluation form of this single person and not be carried into any other score sheets. K. Small Business Concern (SBC) status (0 to 5 points x a weighting factor of 1) Please indicate if your firm is an SBC as described and/or qualified in 1.4 Small Business Concern (SBC) Firm Participation. State whether (a) your firm already is designated as a Small Business Enterprise (SBE) by any Federal, State, or local governmental or public entity. If your firm is a designated SBE, please indicate the agency and year of the designation. (b) If you are self-certifying, state whether you previously have self-certified with MCCCD, and what year that you self-certified. (c) If you are first self-certifying for this RFP, please clearly state the employee count and/or revenue that meet the criteria requirements. Note that additional information may be required by Purchasing to substantiate the self-stated criteria. L. References

(No points. References may be checked for short list firms only) Please verify that all information provided is current!

1. Client references: For at least three of the projects listed in the similar experience section, identify a representative of the owner and a representative of the architect, providing their name, current phone and fax numbers.

2. Credit references: Provide a minimum of five credit references from key suppliers, vendors and banks, including organization, contact name, telephone number.

27

References may be checked for the final recommended firm or only for short listed firms at the District’s option.

28

ATTACHMENT "A"

RFP #3456-2 SIGNATURE PAGE

Pursuant to Arizona Revised Statutes 35-391.06 & 35.393.06, proposer certifies that it does not have a scrutinized business operation in either Sudan or Iran. SIGNATURE ___________________________________________________ PRINTED NAME ______________________________________________ TITLE _________________________________________________________ COMPANY ____________________________________________________ ADDRESS ____________________________________________________ CITY, STATE, ZIP _____________________________________________ TELEPHONE __________________________________________________ FAX NUMBER _________________________________________________ E-MAIL _______________________________________________________ Is your firm a: ( ) Corporation* ( ) Partnership ( ) Individual ( ) Joint Venture * If a corporation, answer the following:

(a) Where incorporated: _____________________________________________ (b) Date incorporated: ______________________________________________ (c) Have your Articles ever been suspended or revoked? ( ) Yes ( ) No

If yes, when, for what reason, and when were they reinstated:

Has your firm or its parent or subsidiaries ever been debarred or suspended from providing any goods or services to the Federal Government or other public entities? ( ) Yes ( ) No If yes, when, for what reason, and when were they reinstated:

29

EXHIBIT "A" Overall Project Location Map