rfp 46-18 construction manager ... - purchases and...

Request for Proposals Eastern Kentucky University Construction Manager/General Contractor Services Powell Student Union Renovation RFP 46-18

Issued: July 14, 2017 Due: August 11, 2017, 10:00 AM (ET) 521 Lancaster Ave. Richmond, KY 40475

Eastern Kentucky University of 25

ATTENTION: This is not an order. Read all instructions, terms, and conditions carefully.

Issue Date: IMPORTANT: PROPOSALS MUST BE RECEIVED BY:

Purchasing Official: Phone: Service:

July 14, 2017

James Sizemore (859) 622-7126Construction Manager/General Contractor Services for the Powell Student Union renovations

August 11, 2017, 10:00 AM (ET)

1. It is the intention of the Request for Proposal (RFP) to enter into competitive negotiation as authorized by KRS 45.085 and 200 KAR 5:307 for Construction Manager/General Contractor services

2. Proposals shall not be subject to public inspection until negotiations between the purchasing agency and the successful Offeror have been concluded and a contract awarded to the responsible Offeror submitting the proposal determined in writing to be the most advantageous to the University. The evaluation factors set forth in the advertisement and solicitations for proposals will be considered.

3.4. Contracts resulting from this RFP must be governed by and in accordance with the laws of the Commonwealth of Kentucky. 5. The University reserves the right to request proposal amendments or modifications after the proposal receiving date. 6. THE TERMS AND CONDITIONS OF THIS REQUEST FOR PROPOSAL INCLUDE ALL GENERAL CONDITIONS, AS SET FORTH BY EASTERN KENTUCKY

UNIVERSITY PLUS ANY SPECIAL CONDITIONS ENUMERATED HEREIN.

NOTICE 1. Any agreement or collusion among Offerors or prospective Offerors, which restrains, tends to restrain, or is reasonably calculated to restrain competition by agreement to

proposal at a fixed price or to refrain from offering, or otherwise, is prohibited. 2. Any person who violates any provisions of KRS 45A.325 shall be guilty of a class D felony and shall be punished by a fine of not less than five thousand dollars nor more

than ten thousand dollars, or be imprisoned not less than one year nor more than five years, or both such fine and imprisonment. Any firm, corporation, or association who violates any of the provisions of KRS 45A.325 shall, upon conviction, be fined not less than ten thousand dollars or more than twenty thousand dollars.

AUTHENTICATION OF RFP AND STATEMENT OF NON-COLLUSION AND NON-CONFLICT OF INTEREST I hereby swear (or affirm) under the penalty for false swearing as provided by KRS 523.040:

1. That I am the Offeror (if the Offeror is an individual), a partner (if the Offeror is a partnership), or an Officer or employee of the bidding corporation having authority to sign on its behalf (if the Offeror is a corporation);

2. That the attached proposal has been arrived at by the Offeror independently and has been submitted without collusion with, and without any agreement, understanding or planned common course of action with, any other Contractor of materials, supplies, equipment or services described in the Request for Proposal, designed to limit independent offering or competition;

3. That the contents of the proposal have not been communicated by the Offeror or its employees or agents to any person not an employee or agent of the Offeror or its surety on any bond furnished with the proposal and will not be communicated to any such person prior to the official closing of the RFP:

4. That the Offeror is legally entitled to enter into contracts with the Eastern Kentucky University and is not in violation of any prohibited conflict of interest, including those prohibited by the provisions of KRS 45A.330 through KRS 45A.340 and KRS 164.390, and

5. That I have fully informed myself regarding the accuracy of the statement made above. SWORN STATEMENT OF COMPLIANCE WITH CAMPAIGN FINANCE LAWS

In accordance with KRS45A.110(2), the undersigned hereby swears under penalty of perjury that he/she has not knowingly violated any provision of the campaign finance laws of the Commonwealth of Kentucky and that the award of a contract to an Offeror will not violate any provision of the campaign finance laws of the Commonwealth of Kentucky.

OFFEROR REPORT OF PRIOR VIOLATIONS OF KRS CHAPTERS 136, 139, 141, 337, 338, 341 & 342 The Offeror by signing and submitting a proposal agrees as required by KRS 45A.485 to submit final determinations of any violations of the provisions of KRS Chapters 136, 139, 141, 337, 338, 341 and 342 that have occurred in the previous five (5) years prior to the award of a contract and agrees to remain in continuous compliance with the provisions of the statutes during the duration of any contract that may be established. Final determinations of violations of these statutes must be provided to the University by the successful Offeror prior to the award of a contract.

CERTIFICATION OF NON-SEGREGATED FACILITIES The Offeror, by submitting a proposal, certifies that he/she is in compliance with the Code of Federal Regulations, 41 CFR 60-1.8 that prohibits the maintaining of segregated facilities.

TOBACCO-FREE CAMPUS POLICY The Offeror, by signing and submitting a Proposal, agrees to comply with the University’s Tobacco-Free Campus Policy.

See: http://policies.eku.edu/sites/policies.eku.edu/files/policies/tobacco-free_policy_bor_41414.pdf SUSTAINABILITY POLICY

The University is committed to reducing the adverse environmental impact of its purchasing decisions; it is committed to buying goods and services from contractors who share its environmental concern and commitment. The University encourages bidders to include in their responses economical and environmentally friendly products and service options that serve to minimize waste, reduce excess packing, recycle, reduce, reuse, prevent pollution, and/or offer resource efficiency. It’s the University’s goal to maximize environmental responsibility on its campuses.

SIGNATURE REQUIRED: This proposal cannot be considered valid unless signed and dated by an authorized agent of the Offeror. Type or print the signatory's name, title, address, phone number and fax number in the spaces provided. Offers signed by an agent are to be accompanied by evidence of his/her authority unless such evidence has been previously furnished to the issuing office.

______________________________________________________________________________________________________ Company Name Authorized Signature Date ______________________________________________________________________________________________________ Address Typed or Printed Name ______________________________________________________________________________________________________ City, State, Zip Title ______________________________________________________________________________________________________ Phone Number Fax Number Federal I D Number

Eastern Kentucky University RFP No. Purchases & Stores-Commonwealth Bldg., 14th Floor

521 Lancaster Avenue Richmond, KY 40475

REQUEST FOR PROPOSAL

46-18


1.0 DEFINITIONS

The term “Academic Year” when used herein is defined as the nine (9) calendar months beginning mid-August of each year and ending mid-May of the following year.

The terms “Addenda” or “Addendum” are defined as written or graphic instructions issued by Eastern Kentucky University prior to the receipt of Proposals that modify or interpret the Request for Proposal documents by addition, deletion, clarification, or correction.

The term “Competitive Negotiation” is defined as the method authorized in Kentucky Revised Statutes, Chapter 45A.085.

The term “Construction Manager-General Contractor” shall have the meaning as defined in KRS 45A.030.

The terms “Contract” and “Resulting Contract” are used interchangeably and are defined as the official agreement and contract award resulting from the Successful Offeror’s response to this Request for Proposal.

The terms “Contractor” or “Successful Offeror” are defined as the individual or entity receiving a contract award.

The term “Fiscal Year” when used herein is defined as the twelve (12) calendar months beginning July 1 of each year and ending on June 30 of the following year. The Contractor’s year-to-date reports will coincide with the Fiscal Year of the University.

The terms “Offer” or “Proposal” are defined as the Offeror’s response to this Request for Proposal.

The term “Offeror” is defined as the individual or entity submitting a Proposal.

The term “Purchasing Agency” is defined as Eastern Kentucky University, Division of Purchases & Stores, Commonwealth Bldg., 14th Floor, Rm 1411, 521 Lancaster Ave., Richmond, KY 40475.

The term “Purchasing Official” is defined as Eastern Kentucky University’s designated contracting representative.

The term “Responsible Offeror” is defined as a person, company, or corporation with the capability in all respects to perform fully the contract requirements and with the integrity and reliability ensuring good faith performance.

The term “Solicitation” is defined as this Request for Proposal.

The term “University” is defined as Eastern Kentucky University.


2.0 GENERAL OVERVIEW

2.1 Intent and Scope Eastern Kentucky University desires the services of an experienced and highly qualified Construction Management/ General Contractor firm to provide construction management and general contractor services on the proposed project.

The Construction Manager/ General Contractor (CM/GC) selected will become a responsible, cooperative and contributing member of the University’s professional team for the design review and construction of the project. The Construction Manager/ General Contractor (CM/GC) will provide assistance, advice and provide management services to the University and Consultants to assure the project is completed within the defined budget, program and schedule.

It is anticipated that the renovation of the building will be implemented in multiple bid packs staged to take advantage of fast-tracking and phasing of the construction. The funding available for the design and construction of this building and its amenities is $20,000,000

The Owner intends to contract with the CM/GC for Pre-Construction Services and Construction Services. This work will consist of the performance of specific work requirements outlined in this Request for Proposals at each design sub-phase, as the design progress to allow for early release of Bid Packages, including constructability reviews, reconciliation of estimated and actual bid package pricing, construction schedules, etc. The specific work requirements to be performed will be on the basis of the documents prepared by the Architect/Engineer.

The contract initially established for construction management/ general contracting services will be a two part agreement where the Pre-Construction Services will be of a pure agency relationship and the Construction Services will be of a Construction Manager/ General Contractor contract with a fee for each part of the services to be established during the RFP process and modified as the project progresses. Initially, the Agreement will authorize Pre-Construction Services only. The University reserves the right to make a determination to proceed with the Construction or not, as the best interests of the University dictates.

The Construction Manager/ General Contractor shall perform the required Pre-Construction Services and shall prepare various cost estimates, constructability reviews and each of the Bid Packages, established in the process outlined in this Request for Proposals.

The Construction Manager/ General Contractor will develop and issue all bid packages. The issuance of bid packages will be scheduled as the project design progresses. The Construction Packages may include, but not necessarily be limited to: demolition, utility and other infrastructure improvements, shell space for food service, bookstore and bank vendors, and overall building renovations.

No portion of the construction work may be performed by the Construction Manager/ General Contractor or its affiliates unless a trade contractor or subcontractor fails to perform and upon prior approval by the University and in compliance with the provisions of KRS 45A.

The design team for the project has been selected by the University and includes the following: Architect Sherman Carter Barnhart MEP Staggs and Fisher Structural Brown and Kubican Structural Engineers Commissioning Authority Facilities Commissioning Group

The proposed draft project schedule is below. The schedule is subject to change as the project develops more fully.

Complete Programming July 13, 2017

EKU Review July 14, 2017 – July 28, 2017

Schematic Design July 29, 2017 – September 4, 2017

EKU Review September 5, 2017 – September 19, 2017

Abatement SD / DD / WD (by others) September 19, 2017 – November 14, 2017


Design Development September 19, 2017 – November 19, 2017 EKU Review November 19, 2017 – December 10, 2017 Complete Select Demolition documents* December 15, 2018 Select Demolition Bid Opening* January 16, 2018 Select Demolition Construction* February 1, 2018 – April 15, 2018 *for Aramark Spaces Construction Documents December 15, 2018 – April 1, 2018 Final QA / EKU & CM Review April 1, 2018 – April 30, 2018 Bidding May 1, 2018 – May 30, 2018 EKU Review May 30, 2018 – June 15, 2018 Construction June 15, 2018 – January 2020 ATTACHMENTS: To assist interested offerors, the University has attached several key attachments that represent the overall program schematic for this planned renovation, as well as show proposed renovated building plans. ATTACHMENT C – Program Schematic for Powell Renovation, developed by Sherman Carter Barnhart. ATTACHMENT D – CM/GC Powell Student Union Renovation Contract Current building plans for Powell can be downloaded via the following link: https://drive.google.com/file/d/0B5-YWnxYQy-UcXdGQWIzal8tdDA/view?usp=sharing 2.2 Background Information Powell Renovation The Powell Building is a three-story, 133,000 sq.ft. building. Built in 1971 and located in the center of campus, the building is named for former University President J. C. Powell. The Powell building serves as a student union, and recreation facility. There is a cafeteria located on the upper level and several retail food outlets in the lower level. The middle level contains mostly offices and gathering spaces. The renovation project will include removal of the cafeteria on the upper level and re-purposing of the spaces. In addition to Student activities such as meeting rooms, conference space, offices and general gathering areas, the Powell Student Union will house the University’s bookstore, operated by Barnes and Noble, and up to three retail food locations, operated by Aramark. The current plan is to vacate the building in December 2017, and begin renovations to the space that will allow Aramark to open and operate the three retail locations by the beginning of the Fall Semester in 2018. Aramark will provide some fit-up of these spaces, but the University will be responsible for providing a white box. The University may also want to explore the option of completing renovations to the portion of the building that will be used by Barnes and Noble before the entire renovation is completed. The CM/GC will be responsible for providing leadership to the project with respect to the development and implementation of a phasing plan to implement the renovation and early move-in schedules. The CM/GC will be responsible for ensuring that the phasing provides for safe operation of the building during the construction phases and meets all regulatory requirements. Abatement of hazardous materials will also be required during the renovation project. The abatement will not be the responsibility of the CM-GC, but assistance with scheduling and coordination of the abatement efforts will be required by the CM-GC. The GC/MC may be asked to assist in coordinating moving efforts of faculty/staff out of Powell during phases of renovation as necessary.


2.3 University Information

Eastern Kentucky University is a comprehensive university serving approximately 16,000 students on its 725-acre Richmond, Kentucky campus, its educational centers in Corbin, Danville, Lancaster and Manchester, and other sites in Kentucky. Michael Benson serves as the 13th president of the University, focusing on three overarching points for the University: student success, regional stewardship and the Quality Enhancement Plan. Additional information about Eastern Kentucky University is available at www.eku.edu .

3.0 SCOPE OF SERVICES

The CM/GC will be responsible for providing full Construction Management services. This will include participation in design meetings, constructability reviews, budget review and reconciliation at each phase of design, preparation and assembly of bid documents, bidding, review of bids and recommendations to the owner, and complete construction management during construction. The project will be designed and constructed in accordance with EKU’s Capital Construction Procedures Manual. The successful Offeror will have direct experience in the renovations of facilities similar to the facility intended by this Project. This experience will preferably be with facilities of the same or similar scope as outlined in the project description in this RFP. The successful Offeror will have direct experience with providing Constructability Reviews, Scheduling, Value Engineering, Project Site Staging Management, Cost Estimating, and Materials Evaluation during the Project design process. The successful Offeror will have the professional expertise to provide Construction Process Services, Construction Scheduling and Control, Project Site Staging Control, Trade Contractor Contracting and Management. It is anticipated that certain bid packages may be released for construction early. The successful Offeror will have direct experience in coordinating early trade package work in relation to the entire project Work that may be performed concurrently, in sequence or at a short term future date. Direct experience refers to project construction management and/or general contractor experience on similar projects, by the persons who the Construction Manager/ General Contractor indicates will actually be involved in this project. Respondents should provide clear information about the credentials and personal experience of its key team members. This information should be presented so that it is clearly understood by the selection committee members.

3.1 General This project will involve the renovation of the Powell Student Union. The Student Union will be largely empty during the renovations, however the University desires to have the lower level renovated to the extent necessary to allow our food vendor, Aramark, to occupy space in the lower level to provide up to three retail food locations. The University is also interested in allowing the Bookstore to open prior to the completion of the overall renovation project if possible. 3.2 Objectives This project will provide for a complete renovation of the Powell Student Union, which will include demolition of some existing features of the building, upgrades to the HVAC systems and the building, and creation of new spaces within the existing footprint.

3.3 Service Requirements The selected CM/GC will provide full service construction management services for the duration of the project through the warranty period.

4.0 PROPOSAL REQUIREMENTS

The Request for Proposals under this solicitation will be issued in two phases. Phase 1 is the submission of written Technical Qualifications and a “Fee Proposal” (Pre-Construction fee proposal and Construction Services fee proposal.) This will result in the Short-Listing of the three most qualified Construction Management/ General Contractor Firms. Phase 2 will be interviews/presentations, resulting in the selection of the successful Offeror from the Shortlisted firms identified in Phase 1.


4.1 Key Event Dates**

Phase 1** Release of RFP: July 14, 2017 Pre-Proposal Conference Phase 1: July 20, 2017, 10:00 AM (ET) Final Date for Written Questions Phase 1: July 25, 2017, 10:00 AM (ET) Final Date for issuance of Addenda Phase 1*: July 28, 2017 Phase 1 RFP Proposals Due: August 11, 2017, 10:00 AM (ET) Evaluation of Phase 1 Proposals: August 23, 2017 Notification of Phase 1 Finalists (Shortlisted Firms): August 23, 2017

Phase 2** Interviews/presentations : August 30, 2017 Award of Contract for Construction Manager/ General Contractor: TBD

* Decisions and Clarification’s will be incorporated into the proposal documents by an addendum.** The Key Events are projected dates and are subject to change.

Note: All dates are estimated. Any change in dates will be announced to all parties.

4.2 Offeror Communication

To ensure that RFP documentation and any subsequent information (modifications, clarifications, addenda, etc.) is directed to the appropriate primary contact person with the Offeror, each Offeror who intends to participate in this RFP is required to provide immediately the following information to the Purchasing Official:

Name of primary contact Mailing address of primary contact Telephone number of primary contact Fax number of primary contact Email address of primary contact Secondary contact person(s) including all information above

This information shall be transmitted electronically to:

James Sizemore, Asst. Director Division of Purchases & Stores Eastern Kentucky University Commonwealth Bldg., Rm 1401 521 Lancaster Avenue Richmond, KY 40475 Phone: (859) 622-7126 Fax: (859) 622-2047 Email: [email protected]

Note: All communication with the University regarding this RFP shall be directed only to the University Purchasing Official listed above.

4.3 Questions

All questions should be submitted in writing to James Sizemore, Purchasing Official, no later than July 25, 2017, 10:00 AM (ET). Please submit questions electronically to: [email protected]

4.4 Non-Mandatory Pre-Proposal Conference

There will be a non-mandatory Pre-Proposal Conference for this proposal on July 20, 2017 at 10:00 AM (ET) in Commonwealth Bldg., 16th Floor, Room 1613, EKU Richmond Campus.


Note: Temporary parking permits are available thru EKU Parking and Transportation, Commonwealth Hall, Second Floor, Suite A, Richmond, KY 40475, 859-622-1063. Please request parking permits at least 72 hours prior to campus visits.

4.5 Offeror Presentations

Shortlisted firms will be required to appear before the University evaluation committee to discuss and explain their proposal and to respond to questions from the Committee. The Committee reserves the right to request additional information.

Offerors are prohibited from electronically recording these meetings.

4.6 Preparation of Proposal

Offerors are expected to follow all specifications, terms, conditions, and instructions in this RFP.

Offerors will furnish all information required by this Solicitation. Offerors will sign and return the Authentication of Proposal and Statement of Non Collusion and Non Conflict of Interest form (page 2 of this RFP) and print or type the primary contact name, firm, address, telephone number and date. The person signing the Offer must initial erasures or other changes. An offer signed by an agent is to be accompanied by evidence of his or her authority unless such evidence has been previously furnished to the Purchasing Official. The signer shall further certify that the proposal is made without collusion with any other person, persons, company, or parties submitting a proposal, that it is in all respects fair and in good faith without collusion or fraud, and that the signer is authorized to bind the Offeror.

Proposals should be prepared simply and economically, providing a description of the Offeror’s capabilities to satisfy the requirements of the Solicitation. Emphasis should be on completeness and clarity of content. Each copy of the Proposal should be bound in a single volume, where practical. All documentation submitted with the proposal should be bound in a single volume except as otherwise specified.

Any Proposal containing terms and conditions not in conformity with the statutes of the Commonwealth of Kentucky may be rejected.

Note: Eastern Kentucky University, as an agency of the Commonwealth of Kentucky, is prohibited from entering into contracts that require the University to indemnify the other party.

The following list specifies the items to be addressed in the Fee Proposal portion of your Phase 1 response to this Request for Proposals. Please read it carefully and address it completely and in the order listed to facilitate the review of your proposal. Proposals shall be organized into the sections identified below.

• Construction Manager/ General Contractor Pre-Construction Fee (a lump sum fee, equal to 10% of the totalCM/GC Services Fee, to provide the services defined in this Request for Proposals that are to occur during theDesign and Bidding Phases of this project).

• Construction Manager/ General Contractor Construction Service Fee (a lump sum fee to provide the servicesdefined in this Request for Proposals that are to occur during construction of this project during the number ofmonths indicated for the Construction Time Period as defined by this RFP).

• Construction Manager/ General Contractor Staffing plan that indicates the CM/GC’s staffing of the Project duringthe Pre-Construction and Construction phases of this project.

Note: There shall not be a percentage markup to be applied to the actual costs the Construction Manager contracts with various Trade Contractors that make up the Guaranteed Maximum Price for the Project. There shall be no percentage Service Fee added or deducted from the Construction Manager’s Contract by Trade Package Bid or Construction Change Order during the course of the Work of this Project

4.7 Proposed Deviations from the Request for Proposal

The stated requirements appearing elsewhere in this RFP shall become a part of the terms and conditions of any resulting contract. Any and all deviations must be specifically defined in accordance with the Transmittal Letter, Section 5.3. If


accepted by the University, deviations shall become part of the contract, but such deviations must not be in conflict with the basic nature of this RFP. 4.8 Proposal Submission and Deadline

Offeror must provide one (1) original, six (6) printed copies, and one (1) electronic copy saved on a jump drive of each proposal. The Proposal and copies must be delivered under sealed cover prior to 10:00 AM (ET), August 11, 2017 Deliver to:

James Sizemore, Asst. Director Division of Purchases & Stores Eastern Kentucky University Commonwealth Bldg., Rm 1401

521 Lancaster Avenue Richmond, KY 40475

Proposals shall be enclosed in sealed envelope(s) and must clearly show the closing date and time specified, the Solicitation number, and the name and address of the Offeror on the face of the envelope(s). Please indicate which envelope contains the original Proposal.

Note: Proposals received after the closing date and time will not be considered.

Note: In accordance with Kentucky Revised Statute 45A.085 and 200 KAR 5, there will be no public opening of Proposals. All Proposals will be kept confidential until such time that a contract is awarded. After a contract is awarded, all Proposals will become public record, as described herein.

4.9 Addenda

Any Addenda or instructions issued by the Purchasing Official prior to the proposal deadline shall become a part of this RFP. Such Addenda shall be acknowledged in the Proposal. No instructions or changes shall be binding unless documented by a proper and duly issued addendum.

4.10 Offeror Response and Proprietary Information

The RFP specifies the format, required information, and general content of Proposals submitted in response to this request. The University will not disclose any portion of any Proposal prior to contract award to anyone outside the Division of Purchases & Stores, the University’s administrative staff, representatives of the State or Federal Government, if required, and the members of the University evaluation committee. After a contract is awarded in whole or in part, the University shall have the right to duplicate, use, or disclose all Proposal data submitted by Offerors in response to this RFP as a matter of public record.

Any submitted Proposal shall remain a valid proposal six (6) months after the due date.

4.11 Restrictions on Communications with University Staff

From the issue date of this RFP until a contract award is made, Offerors are strictly forbidden to communicate about the subject of the RFP with any University administrator, faculty, staff, or member of the University’s Board of Regents. Offerors may communicate only with the Purchasing Official named herein, or other persons authorized in writing by the Purchasing Official.

The University reserves the right to reject the Proposal from any Offeror violating this provision.

4.12 Cost of Preparing Proposal

Costs for developing the Proposals and any subsequent activities prior to contract award are solely the responsibility of the Offeror. Eastern Kentucky University will provide no reimbursement for such costs.

4.13 Disposition of Proposals


All Proposals become the property of Eastern Kentucky University. The successful Proposal will be incorporated by reference into the resulting contract.

4.14 Section Titles in the Request for Proposal

Titles of paragraphs used herein are for the purpose of facilitating ease of reference only and shall not be construed to infer a contractual construction of language.

4.15 Proposal Addenda and Rules for Withdrawal

Prior to the date specified for receipt of Proposals, a submitted Proposal may be withdrawn by the Offeror. The Offeror must submit a duly signed, written request for withdrawal to the Purchasing Official. Unless requested by the University, the University will not accept revisions or alterations to Proposals after the proposal due date.

4.16 Acceptance or Rejection of Proposals

The University will review all properly submitted Proposals. The University reserves the right, if in its best interests, to reject all Proposals, to reject any proposal that does not meet mandatory requirements, to request amendment to Proposal(s), or to cancel entirely the RFP.

Grounds for rejection of proposals include, but are not limited to 1) failure of a Proposal to conform to the essential requirements of the RFP; 2) A Proposal imposing conditions that would significantly modify the terms and conditions of the Solicitation or limit the Offeror’s liability to the University under the Resulting Contract on the basis of such Solicitation; 3) failure of the Offeror to appropriately sign the RFP as a part of the Proposal, including the Authentication of Proposal, Statement of Non-collusion and Non-conflict of Interest statements; and 4) A Proposal received after the closing date and time specified in the RFP.

The University also reserves the right to waive minor technicalities or irregularities in Proposals providing such action is in the best interest of the University. Such waiver shall in no way modify the RFP requirements or excuse the Offeror from full compliance with the RFP specifications and other Resulting Contract requirements if the Offeror is awarded the Contract.

4.17 Kentucky Educational Purchasing Cooperative

N/A

5.0 PROPOSAL FORMAT AND CONTENT

5.1 Proposal Information and Criteria

The following list specifies the items to be addressed in the Proposal. Please read the list carefully and address it completely and in the order presented to facilitate the University’s review of the proposal. Proposals should be organized into the sections identified. The content of each section is further described below.

Signed Authentication of Proposal and Statement of Non-Collusion and Non-Conflict of Interest Form (See page 2) Completed Vendor Taxpayer ID form Completed Reciprocal Preference Affidavit (if applicable)

Phase 1 Submittal – Written Technical Qualifications: 5.1.0 Transmittal Letter

The Transmittal Letter accompanying the RFP shall be in the form of a standard business letter and shall be signed by an individual authorized to legally bind the Offeror. It shall be limited to a maximum of four pages and shall include: The Transmittal Letter accompanying the RFP shall be in the form of a standard business letter and shall be signed by an individual authorized to legally bind the Offeror. The transmittal letter shall include:

1) A statement referencing all Addenda to this RFP issued by the University and received by the Offeror. If no Addendahave been received, a statement to that effect should be included.

2) A statement that the Offeror’s Proposal shall remain valid six (6) months after the due date.


3) A statement that the Offeror will accept financial responsibility for all travel expenses incurred for oral presentations (if required) and candidate interviews. 4) A statement that summarizes any deviations or exceptions to the RFP requirements, including a detailed justification for the deviation or exception.

5.1.1 Executive Summary and Proposal Overview The Executive Summary and Proposal Overview shall condense and highlight the contents of the Qualifications Proposal in such a way as to provide the Selection Committee with a broad understanding of the entire proposal.

5.1.2 Offeror Qualifications The purpose of the Offeror Qualifications section is to determine the ability of the Offeror to respond to this Request for Proposals. Offerors must describe and offer evidence of their ability to meet each of the qualifications listed below. a) Please provide the Legal name of your firm, e.g. “ABC Group, Inc.” b) State of incorporation c) Provide brief narrative of your company’s financial viability d) Identify any litigation or claim brought against your company within the last seven (7) years, which might reflect

adversely on your company’s professional image or ability in relation to providing services sought in this RFP. e) Is your company currently for sale or involved in any transaction to expand or to become acquired by or merged with

another organization? If so, please explain. Has your company been involved in any reorganization, acquisition or merger within the last two (2) years? If so, please explain.

f) Is Offeror currently in default on any loan agreement or financing agreement with any bank, financial institution, or other entity? If yes, Offeror shall specify the pertinent date(s), details, circumstances, and describe the current prospects for resolution.

g) Does Offeror have any relationship with an Eastern Kentucky University member of the Board of Regents, employee, or other representative of the University? If so, please explain in detail any potential or perceived potential conflict of interest for either the Offeror or University.

h) Please include any other relevant financial information about your company that will aid the University in evaluating the Company, its financial viability and its ability to appropriately service the University.

i) Please provide a brief narrative describing the history of your firm. Identify the number of employees in your firm, and the ownership.

j) Please provide an executive summary profile of your firm indicating the total annual volume of work; an overview of the firm’s resources; the approximate percentage of educational related work versus other project types; a breakdown of your firm’s volume relative to CM/GC, CM at Risk, CM Agency, Lump-sum negotiated, Lump- sum hard bid, design-build, etc.; Provide any other information necessary to describe your core business.

k) Provide an organizational chart of your firm indicating the lines of authority for the senior personnel involved in performance of this contract and relationships of this staff to other programs or functions of the firm. This chart should show lines of authority to the next senior level of management beyond the project team level.

l) Has your firm had a contract terminated for default in the last seven years? If so, describe such incident. m) Indicate any other experience that demonstrates the qualifications of your firm for the performance of this contract.

5.1.3 CM Project Team Qualifications The purpose of the Project Team Qualifications section is to determine the ability of the Offeror to respond to this Request for Proposals. Offerors must describe and offer evidence of their project team’s ability to meet each of the qualifications listed below.

a) Please provide an organization chart, resumes of key team members, and brief description of roles and responsibilities b) Please provide complete information indicating projects of similar scale (or larger) and complexity (or greater) that members of the team have been involved and the level of their involvement. c) The CM/GC must commit that staff identified in your proposal will actually perform the assigned work and be committed for the duration of the design and construction. Describe the level of commitment and the ability your firm has regarding this assurance and the stability of the proposed team. d) Provide the names and qualifications of the personnel the GM/GC will provide for the duration of the project that indicates that the proposal meets or exceeds the Staffing Matrix outlined and required by this RFP.


This RFP requires a MINIMUM staffing of the Project by the GM/GC. The Staffing Matrix indicated below defines the MINIMUM staffing required by the Project. However, the GM/GC may determine that additional staffing is necessary to fulfill its services in their entirety. The Offeror shall indicate in the Staffing Matrix submitted with its response to this RFP which meets or exceeds the minimum staffing required of the CM/GC.

Position No.

% of Time devoted to project

Project Executive 1 20%

Project Manager 1 90%

General Superintendent 1 100%

General Office Support 1 25%

Safety Manager 1 15%

LEED Documentation 1 10%

5.1.4 Services Defined

a) The CM/GC should provide documentation of their understanding of the services requested in the RFP and contract documents. b) Your proposal must provide for the completion of all work necessary to accomplish the scope of work defined in this RFP. Include a complete description of the proposed approach and methodology to accomplish the work described. The plan must be in sufficient detail to convey to the evaluation team the CM/GC’s knowledge of projects of similar scale and complexity and the CM/GC’s knowledge of the requirements, demands, and constraints of this project. c) Explain how your firm/team approaches scheduling and schedule maintenance to ensure a successful on-time completion. d) Describe your firm’s ability to perform the specific project requirements in order to achieve the project’s LEED certification levels as well as your firm’s experience with BIM. Provide a list of projects where your firm used BIM and how BIM was used on those projects.

5.1.5 Other Additional Information Please provide any additional information that the CM/GC feels should be considered when evaluating your proposal. 5.2 Phase 2 Submittal - Oral Presentations – SHORTLISTED FIRMS 5.2.1 Technical Qualifications to be presented in the Oral Presentations - Phase 2: The following list specifies the Technical Qualifications items to be addressed in the Oral Presentations portion of your Phase 2 response to this Request for Proposals. Please read it carefully and address it completely and in the order listed to facilitate the University’s review of your proposal. Proposals shall be organized into the sections identified below. The content of each section is detailed in the following pages. Note: A bound copy of all written and graphic information presented during the Oral Presentation (including PowerPoint slides, handouts, graphic and written charts and other media) shall be provided to the University. Offeror shall also provide an electronic copy of the information indicated above in PDF format or thumb drive media. 5.2.2 Minimum Information Required in Oral Presentations – Phase 2 As a minimum the information required during the Oral Presentation includes, but is not necessarily limited to, the following:


• Transmittal Letter • Executive Summary and Proposal Overview • Construction Manager’s Personnel Chart* • Proposed plan to complete work according to the current schedule • Project Specific Methodology / CM Construction Management Plan • Method for selection of Trade Contractors and award of trade package contracts under separate agreements with the CM/GC* • CM/GC’s methods of controlling costs and schedule during construction.

*The items indicated above with (*) shall be made part of the Agreement between the Owner and the Construction Manager/ General Contractor once the successful Offeror is selected.

5.2.3 Transmittal Letter The Transmittal Letter accompanying the RFP shall be in the form of a standard business letter and shall be signed by an individual authorized to legally bind the Offeror. It shall be limited to a maximum of four pages and shall include: The Transmittal Letter accompanying the RFP shall be in the form of a standard business letter and shall be signed by an individual authorized to legally bind the Offeror. The transmittal letter shall include:

1) A statement referencing all Addenda to this RFP issued by the University and received by the Offeror. If no Addenda have been received, a statement to that effect should be included.

2) A statement that the Offeror’s Proposal shall remain valid six (6) months after the due date.

3) A statement that the Offeror will accept financial responsibility for all travel expenses incurred for oral presentations (if required) and candidate interviews.

4) A statement that summarizes any deviations or exceptions to the RFP requirements, including a detailed justification for the deviation or exception.

Note: Do not submit your standard Terms and Conditions as exceptions to the RFP Terms and Conditions. 5.2.4 Executive Summary and Proposal Overview The Executive Summary and Proposal Overview shall condense and highlight the contents of the Technical Qualifications Oral Presentation proposal in such a way as to provide the Selection Committee with a broad understanding of the entire proposal. 5.2.5 CM/GC’s Personnel Chart The purpose of the Construction Manager/ General Contractor’s Personnel Chart is to determine the Qualifications and Experience of the specific personnel that the Construction Manager/ General Contractor intends to employ on this project. The personnel listed should be identified as participants in the Design Process or the Construction Process or both. Offerors must describe and offer evidence of their ability to provide the personnel necessary to meet the CM/GC requirements of this project, including the minimum Staffing Matrix outlined in this RFP. The Personnel Chart provided during Phase 2 of this Request for Proposals will be made part of the Agreement between Owner and Construction Manager and the personnel are not to be changed without written approval of the Owner.

a) Please provide an organization chart, resumes of key team members, and brief description of roles and responsibilities 5.2.6 Project Construction Schedule The purpose of the Project Construction Schedule is to determine the ability of the Offeror to meet the project schedule as defined in the documents made part of this Request for Proposals. This schedule should use the dates indicated tentatively for the start of Construction. This schedule shall be in Critical Path Method format and shall indicate that the Work of this Project can be accomplished on or before the Date indicated in the documents made part of this Request for Proposals as the tentative Date for Substantial Completion. This schedule will be made part of the Agreement between the Owner and Construction Manager and shall not be changed except by either Pre-Construction Change Order or Construction Change Order. 5.2.7 Project Specific Methodology / CM/GC’s Construction Management Plan


a) The CM/GC should provide documentation of their understanding of the Project requirements and the ConstructionManagement/ General Contractor Services necessary to accomplish the project.b) Include a complete description of the planned approach and methodology to accomplish the work of the Project asdescribed. The plan must be in sufficient detail to convey to the evaluation team the CM/GC’s knowledge of therequirements, demands, and constraints of this specific project.c) Explain how your firm/team approaches scheduling and schedule maintenance to ensure a successful on-time completionby each Trade Contractor and the overall project. Explain your firm/team plan for schedule recovery should the project forunforeseen and uncontrollable reasons falls behind schedule.d) Describe your firm’s plan for use of BIM to provide clash-detection between the work of various Trade Contractors andany project management software your firm proposes to use

5.2.8 Trade Contractors Selection/Award Methodology

The purpose of the Trade Contractors Selection/Award Methodology is to determine the CM/GC’s procedures and processes to insure the quality of Trade Contractors the Offeror intends to contract with on this project, while being compliant with the various requirements of KRS 45A to the extent required by this Statute for Alternative Delivery Methods.

This Methodology plan should indicate how the Construction Manager will select prime Trade Contractors and any significant sub-trade Contractors that the Offeror expects will be required to accomplish the work of this project. This plan should prove to the evaluation committee that the Offeror has the intent to contract with Trade Contractor Companies of the size and quality necessary for this project. This plan should indicate and demonstrate that the CM/GC has a good working knowledge of the Statutory Requirements of Public Bidding. The methodology shall include a provision that the Owner reserves the right to reject and Trade Contractor or other subcontractor. Subcontractor. This methodology will be made part of the Agreement between the Owner and Construction Manager and shall not be changed except by due reason and written acceptance by the Owner.

5.2.9 Other Additional Information

Please provide any additional information that the CM/GC feels should be considered when evaluating your proposal during Phase 2 of the RFP Process.

5.2.10 Oral Presentation/ Interview

In addition to the information presented as Technical Qualifications during the Oral Presentation of Phase 2 of this Proposal, that are indicated above, the Selection Committee will reserve time allotted for Oral Presentation/ Interviews of the three Shortlisted Construction Management/ General Contractor Firms for the purpose of obtaining clarification of the information presented, supplemental information from the Construction Management/ General Contractor firms related to the project, and understanding the overall quality and professionalism of the Construction Management/ General Contractor firm’s Project Team.

The Oral Presentation/ Interview session for each Shortlisted Construction Management/ General Contractor Firm shall be limited to a total of sixty (60) minutes, with forty-five minutes (45) minutes provided for the Oral Presentation from the Firm and fifteen (15) minutes for questions from the Selection Committee and answers from the Firm.

6.0 EVALUATION CRITERIA PROCESS

6.1 Makeup of Selection Committee

A Selection Committee will evaluate the proposals and make a recommendation for award of a Contract for Construction Management Services.

The Selection Committee may be provided with technical assistance by other University staff. Members of the A/E’s Design Team selected to perform design services may be requested to provide technical assistance at the option of the Selection Committee. Persons providing technical assistance to the Selection Committee do not participate by providing individual scoring of the firms.

6.2 Multi-part Process

The University will use a multi-part evaluation process.

6.2.1 Phase 1 of Evaluation


The Phase 1 evaluation will be based upon the information provided in the Qualifications proposal, the Fee Proposal, additional information requested by the Owner for Clarification, information obtained from references and independent sources, if requested.

6.2.1.1 The Selection Committee evaluation of Technical Qualifications Proposals during Phase 1 will include consideration of responses to the list of Phase 1 criteria. Offerors must specifically address all criteria in their response. The evaluation of responsive proposals shall then be completed by the Selection Committee and will be evaluated strictly in accordance with the requirements set forth in this RFP, including any addenda that are issued. The Selection Committee will score each respondent based on this criteria with a maximum score to be awarded by the Committee not exceeding 200 points per Offeror.

6.2.1.2 The Purchasing Official evaluation of the Fee Proposals during Phase 1 will include a scoring of the Pre-Construction Services Fee Proposal and the Construction Services Fee Proposal. The Purchasing Official will score each Offeror’s Fee Proposal using the following formula:

TOTAL SERVICES FEE = Pre-Construction Services Fee + Construction Services Fee. NOTE: The Pre-Construction Services Fee shall be equal to 10% of the TOTAL SERVICES FEE.

(Lowest TOTAL SERVICES FEE / TOTAL SERVICES FEE by this Offeror) X 200 = FEE SCORE

By the use of this calculation, the CM/GC firm with the highest FEE SCORE will receive a FEE SCORE of 200 points. All other firms will receive a FEE SCORE proportionally lower.

6.2.1.3 The cumulative total of the Selection Committee Score for Qualifications Proposal plus the Purchasing Official FEE SCORE shall be the total score for each Construction Manager/ General Contractor proposal. The Construction Manager/ General Contractor proposals receiving one of the three highest total rankings for Phase 1 will be Shortlisted and will advance to Phase 2 of the RFP Process. In the event of a tie between two or more proposals for third place ranking in Phase 1, all CM/GC proposals receiving the third highest ranking will advance to Phase 2 of the RFP Process.

6.2.2 Phase 2 of the Evaluation The Phase 2 evaluation will be based upon the information provided in the Technical Qualifications Oral Presentation, additional information requested by the Owner for Clarification, and documented information obtained from references and independent sources. The Selection Committee evaluation of Technical Qualifications Oral Presentation Phase 2 will include consideration of responses to the list of required criteria Offerors must specifically address all criteria in their response. The evaluation of responsive presentations shall then be completed by the Selection Committee and will be evaluated strictly in accordance with the requirements set forth in this RFP, including any addenda that are issued. The Selection Committee will score each respondent based on this criteria with a maximum score to be awarded by the Committee not exceeding 200 points per Offeror. The Purchasing Official evaluation of the Pre-Construction Services Fee (Submitted in Phase 1) and the Construction Services Fee (Submitted in Phase 1) resulted in a FEE SCORE during Phase 1 and is carried forward to Phase 2 unchanged. The Phase 2 Selection Committee Score of the Technical Qualifications Oral Presentation is added to the FEE SCORE carried forward from Phase 1 and the resultant sum of the two scores makes up the TOTAL SCORE for each CM/GC for Phase 2. The Construction Manager/ General Contractor entity receiving the highest total score for Phase 2 will be offered a Contract for the Work of this Project in the Contract Amount of the Pre-Construction Services Fee (Lump Sum) and the Construction Services Fee (Lump Sum for the duration of the Construction Time indicated in the RFP). Should the CM/GC Proposal from the successful Offeror exceed the available funding for the Project with consideration given to the A/E estimate for Construction, other soft costs related and necessary for the Project, Design Contingency set-aside and a Construction Contingency set-aside, the University reserves the right to negotiate the Contracted Fees with the successful Offeror. Should the University be unable to reconcile the costs of the Project with the available funding for the Project, with consideration given to the A/E estimate for Construction, other soft costs related and necessary for the Project, Design Contingency set-aside and a Construction Contingency set-aside, the University reserves the right to either enter into Best and Final Negotiations with all three Shortlisted Firms as follows or to reject all proposals related to this RFP. 6.3 Evaluation Process Scoring


Phase 1 Evaluation Process Scoring The Selection Committee shall review proposals and each committee member shall independently score each proposal based on the Evaluation Criteria contained in this document. The score as determined by each Selection Committee member will be calculated using the scoring form below. The scoring categories, and the maximum points to be awarded for each category, of the Evaluation Criteria for Phase 2 are set forth below and on the Individual Evaluation Summary sheets inserted at the end of this RFP: Scoring Category: Max. Points Awarded Score 1. Offeror Qualifications 25 ___________ 2a. CM Project Team Qualifications 20 ___________ 2b. Superintendent(s)/Direction of the Work 15 ___________ 3a. CM Plan/Methodology for this Project 20 ___________ 3b. Project Schedule Capabilities/Plan 15 ___________ 3c. Quality Control/Assurance Capabilities/Plan 15 ___________ 4. Total Construction Management Team 25 ___________ 5. Related Experience 25 ___________ 6. Existing Workload vs. Capacity 10 ___________ 7. Responsiveness to RFP / Demonstration 30 ___________ Of Services Requested and Required

(Max) 200 TOTAL SCORE: ____________ Upon calculation of the Phase 1 scoring of the Fee Proposals, the Purchasing Official adds the FEE SCORE to the Qualifications Proposal Score from the Selection Committee and determines the three top ranked firms which are to be Shortlisted. Only the FEE SCORE from Phase 1 will carry forward into Phase 2 of the evaluation process. Phase 2 Evaluation Process Scoring The Technical Qualifications Oral Presentations/ Interviews, and any additional information supplied by the finalists, shall be evaluated, scored and ranked by the Selection Committee members, who shall not have knowledge of the Fee Proposal component. The selection committee will score each firm. All scores for each firm will be added together and calculated into a Selection Committee Score as indicated below. The scoring categories, and the maximum points to be awarded for each category, of the Evaluation Criteria for Phase 2 Selection Committee Scoring are set forth below and on the Individual Evaluation Summary sheets inserted at the end of this RFP: Scoring Category: Max. Points Awarded Score 1. CM Entity Project Qualifications 30 ___________ 2. CM Personnel 35 ___________ 3. Superintendent(s)/Direction of the Work 35 ___________ 4. Schedule/Quality Control Assurance Plan 25 ___________ 5. CM Plan/Methodology for this Project 30 ___________ 6. Oral Presentation/ Interview 45 ___________

(Max) TOTAL SCORE: 200 ____________

The FEE SCORE calculated by the Purchasing Official using the formula outlined in Phase 1 is carried forward to Phase 2. The maximum points available for Offeror’s FEE SCORE is 200. The Offeror proposing the lowest Fee shall receive the maximum score of 200 points. The other Offeror’s scores are also calculated using the formula indicated in Phase 1 The successful Offeror is determined by this process. The successful Offeror is offered a Contract for the Project and upon execution of the Agreement between Owner and Construction Manager/ General Contractor is authorized to commence with Pre-Construction Services. 7.0 Pre-Construction Services


The Owner has issued an RFP to procure the services of a design team to provide design and conventional architectural contract administration services for the project. The Construction Manager/ General Contractor, in consultation with the Agency, Consultant and the Owner, shall take the lead and develop the project schedule, subject to approval by the Agency, Consultant and the Owner. During the Pre-Construction Phase, the CM/GC shall provide the Pre-Construction services indicated in the Agreement between Owner and Construction Manager/ General Contractor (See EXHIBIT) 8.0 Construction Phase Services. During the Construction Phase of the Project, the CM/GC will provide the Construction services indicated in the Agreement between Owner and Construction Manager/ General Contractor (See EXHIBIT) The Construction Manager assumes full responsibility and liability as described in the Agreement between the Owner and Construction Manager/ General Contractor for the completion of the construction of the Project in full and complete compliance with the Contract Documents as defined and as described in the Agreement between the Owner and the Construction Manager/ General Contractor. The Construction Manager/ General Contractor shall enter into direct contracts with all Trade Contractors and Suppliers using the methodology that was identified and offered by the Construction Manager/ General Contractor during the Request for Proposals process and in accordance with the provisions of the Agreement between Owner and Construction Manager/ General Contractor. The Construction Manager/ General Contractor assumes the responsibility for the overall administration of and the performance and costs of Trade Contractor construction contracts. The Construction Manager/ General Contractor shall provide full-time staff throughout construction for the purpose of monitoring, managing, inspecting, scheduling, and coordinating the progress, performance, quality and contract compliance of the Trade Contractors and material suppliers, and including those items procured by direct purchase. The Construction Manager/ General Contractor shall provide and maintain a fully equipped Project office facility on site to perform all required construction manager/ general contractor duties including facilities for necessary project meetings and for the Owner’s representatives. The Construction Manager/ General Contractor shall assist the Architect/ Engineer in scheduling and conducting meetings, as necessary. The Architect/ Engineer shall prepare and distribute meeting minutes. The Construction Manager/ General Contractor shall develop and maintain a detailed master construction schedule in a format acceptable to the Owner. The Construction Manager/ General Contractor shall request pricing, review and negotiate costs, and make recommendations on all necessary changes to the contracts and/or purchase orders. The Construction Manager/ General Contractor shall coordinate construction tolerances, interfaces, methods, techniques and sequences to result in a functional final product in accord with the Construction Documents. The Construction Manager/ General Contractor shall institute and administer requirements and procedures for the review and approvals of all submittals. The Construction Manager/ General Contractor shall prepare and administer all cost control procedures, including monthly pay requests, change order logs, etc. The Construction Manager/ General Contractor shall coordinate all requirements of close-out procedures including inspections, Owner’s orientation and familiarization, training of Owner’s personnel, and collection of all close-out documents. The Construction Manager/ General Contractor shall moderate, seek solutions, make recommendations or take other appropriate actions in matters relating in disputes between Trade Contractors or material suppliers. The Construction Manager/ General Contractor shall develop and maintain systems for reporting and retrieval of project information.


The Construction Manager/ General Contractor shall coordinate all requirements of project commissioning. It is the intent to commission the following systems: Mechanical (HVAC), Controls for HVAC, Fire Alarm, Security system, Elevators and Electrical (emergency systems) The Construction Manager/ General Contractor shall provide Record Drawings The Construction Manager/ General Contractor shall ensure that the project is carried out in order to achieve the project’s LEED goals. 9.0 Post Construction Phase During the Post Construction Phase of each Trade Bid Package, the CM/GC shall guarantee that labor, material, and equipment shall be free of defects for a period of one (1) year from the date shown on the Certificate of Substantial Completion (For the Entire Project) unless special conditions or additional warranty periods are required by the Contract Documents. The Construction Manager/ General Contractor shall warrant that the work performed under the Agreement between the Owner and Construction Manager/ General Contractor, when completed, will conform to the Contract Documents. The Construction Manager/ General Contractor shall provide the services necessary for completion of the LEED Certification process. 10.0 Agreement The Agreement between the Owner and Construction Manager/ General Contractor is attached as EXHIBIT 11.0 EVALUATION CRITERIA PROCESS

For each of the responsible responses to Phase 1 of this Request for Proposals, the Selection Committee will collectively determine a Technical Qualifications score, based on specific criteria outlined in this Request, for the purpose of ranking the respondent firms in the order of their qualifications for this project. A Maximum of 200 points may be assigned to a particular respondent firm. From the body of responsible responses to Phase 1 of this Request for Proposals, the Purchasing Official, independently and held separate from the Selection Committee, will determine a Pre-Construction and Construction Services Fee Score (Fee Score), based on specific fee proposal information provided by the respondents during Phase 1 of this Request for Proposals. A Maximum of 200 points may be assigned to a particular respondent firm. This Purchasing Official score will make up part of the overall score assigned to a particular respondent firm for the purpose of ranking the firms and determining (as a part of the composite scoring of the Selection Committee Technical Qualifications Score and the Purchasing Official Fee Score) the three Shortlisted firms that will proceed to Phase 2 of the Request for Proposal Process. The Calculation for this Fee Score is indicated in this Request for Proposals. The Purchasing Official will combine the Technical Qualifications Score from the Selection Committee for each responsible respondent and the Fee Score for each responsible respondent and the three firms with the highest combined scores will be determined to be Shortlisted and will proceed to Phase 2 of this Request for Proposals Process.

Note: Proposals must contain responses to each of the criteria listed in Section 5.0 even if Offeror’s response cannot satisfy those criteria. A Proposal may be rejected if in the sole judgment of the University it is deemed to be conditional or incomplete.

12.0 SPECIAL CONDITIONS AND CONTRACT TERMS

12.1 Effective Date

The effective date of the Contract is anticipated to be September 25, 2017. 12.2 Contract Term

The Contract resulting from this RFP and the Successful Offeror’s Proposal shall have an initial term of five (5) years, from September 25, 2017 through June 30, 2022.


12.3 Negotiations

Negotiations will be conducted with the Offeror receiving the highest ranking following the interviews. Negotiations shall take into account the estimated value of the services to be rendered, and the scope, complexity, and professional nature thereof. Should the University be unable to negotiate a satisfactory contract with the top-ranked firm, at a price that is considered fair and reasonable, the University shall formally terminate negotiations with the firm. The University shall then undertake negotiations with the second-ranked firm. Failing accord with the second-ranked firm, the University shall formally terminate negotiations. The University shall then undertake negotiations with the third-ranked firm. Should the University be unable to negotiate a satisfactory contract with any of the selected firms, the University shall formally terminate negotiations, and the procurement procedure shall start again from the beginning. 12.4 No Contingent Fees

No person or selling agency shall be employed or retained or given anything of monetary value to solicit or secure the resulting contract, except bona fide employees of the Offeror or bona fide established commercial or selling agencies maintained by the Offeror for the purpose of securing business. For breach or violation of this provision, the University shall have the right to reject the proposal, annul a resulting contract without liability, or, at its discretion, deduct from the contract price or otherwise recover the full amount of such commission, percentage, brokerage, contingent fee or other benefit.

12.5 Contract Changes

No modification or change of any provision in the Contract shall be made, unless such modification is mutually agreed to in writing by the Contractor and the duly authorized University Representative and incorporated as a written amendment to the Contract. Memoranda of understanding and correspondence shall not be interpreted as amendments to the Contract.

12.6 Entire Agreement

The RFP shall be incorporated into any Contract. The Contract, including the RFP and those portions of the Offeror’s response accepted by the University, shall become the entire agreement between the parties.

12.7 Governing Law

Contractor shall conform to and observe all laws, ordinances, rules and regulations of the United States of America, the Commonwealth of Kentucky, and all other local governments, public authorities, boards or offices relating to the services provided. This Agreement shall be governed by Kentucky law and any claim relating to this Contract brought by Contractor shall only be brought in the Franklin Circuit Court.

12.8 Termination of Contract

12.8.1 Termination Provisions The Contract shall be subject to the following termination provisions without prejudice to any other right or remedy. The Contract may be terminated by the University for 1) default by the successful Offeror, 2) for Offeror’s insolvency or unavailability of funds, or 3) for convenience.

In case of termination of the Contract, it shall be incumbent on the Contractor to continue operations until relieved by a successor Contractor.

12.8.2 Termination for Default

A default in performance by Contractor for which a Contract may be terminated may include, but shall not be limited to, failure to perform the Contract according to its terms, conditions, and specifications, and failure to diligently perform the work under the Contract.

The University shall not be liable for any further payment to Contractor under a Contract terminated for default after the date of notice to Contractor of such default as determined by the Purchasing Official, except for work performed at the request of the University until a successor Contractor is named.


12.8.3 Termination for Contractor Insolvency or Unavailability of Funds

In the event of insolvency, unavailability of funds, or the filing of a petition of bankruptcy by or against the Contractor, the University shall have the right to terminate the Contract upon the same terms and conditions as a termination for default.

12.8.4 Termination for Convenience

If it is determined to be in the University’s best interest to do so, the Contract may be terminated, upon ninety (90) days’ notice, at the convenience of the University.

12.8.5 Procedure for Termination

Upon delivery by certified mail to Contractor of a Notice of Termination specifying the nature of the termination, the extent to which performance of work under the Contract is terminated, and the date upon which such termination becomes effective, the Contractor shall stop work under the Contract on the date and to the extent specified in the Notice of Termination, except where Contractor is notified to continue work until Contractor can be relieved by a successor Contractor.

12.9 Employment Practices

12.9.1 Non Discrimination

Contractor shall not discriminate against any employee or applicant for employment because of race, color, religion, sex, national origin, age, veteran’s status, or disability. Contractor must take affirmative action to ensure that employees, as well as applicants for employment, are treated without discrimination because of their race, color, religion, sex, national origin, age, veteran’s status, or disability. Such action shall include, but is not limited to, recruitment, hiring, placement, promotion, transfer, training and apprenticeship, compensation, layoff, termination, and physical facilities. Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this clause.

12.9.2 Executive Order 11246

Contractor shall, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, national origin, and age, veteran’s status or disability. Contractor shall comply with the nondiscrimination clause contained in Federal Executive Order 11246, relative to Equal Employment Opportunity for all persons with regard to race, color, religion, sex, national origin, and the implementation of rules and regulations prescribed by the Secretary of Labor and with Title 41 Code of Federal Regulations, Chapter 60. Contractor shall comply with all related Commonwealth of Kentucky laws and regulations.

12.9.3 Title 20

Contractor shall comply with the regulations issued by the Secretary of Labor of the United States in Title 20, Code of Federal Regulations, Part 741, pursuant to the provisions of Executive Order 1178 and the Federal Rehabilitation Act of 1973.

12.9.4 Other Acts

Contractor shall comply with the Civil Rights Act of 1964, any amendments thereto, and the rules and regulations there under; Section 504 of Title V of the Vocational Rehabilitation Act of 1973 as amended; and the Kentucky Civil Rights Act.

Contractor shall comply with the Americans with Disabilities Act of 1990.

12.9.5 Future Acts, Laws, and Regulations

Contractor shall comply with any future federal acts, laws, and regulations, and Kentucky state acts, laws, and regulations as they relate to employment programs when such acts, laws, and regulations become effective.


12.10 Conflict of Interest

No official or employee of Eastern Kentucky University and no other public official of the Commonwealth of Kentucky or the federal government who exercises any functions or responsibilities in the review or approval of the undertaking or carrying out of the Contract shall, prior to completion of the Contract, voluntarily acquire any personal interest, direct or indirect, in this Contract or proposed Contract.

Contractor covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of its services hereunder. Contractor further covenants that in the performance of the Contract no person having any such known interests shall be employed.

12.11 Severability

If any provision or provisions of the RFP, responses to the RFP, any Contract or personal service contract, or similar document executed as a result of this RFP shall be deemed invalid or unenforceable in whole or in part, these documents shall be deemed amended to thereof in order to render it valid and enforceable.

12.12 Contract Administrator

All notices, requests and other communications that a party to any Contract, personal services contract, or similar document executed as a result of this RFP is required or elects to deliver shall be in writing and shall be delivered personally, by facsimile (provided such delivery is confirmed), by email clearly identifying the source of notice, or by recognized overnight courier service to the other party at the address set forth below, or to such other address as such party may hereafter designate by notice given pursuant to this section.

Upon award of Contract, the sole point of contact for administration of the Contract will be:

James Sizemore Copy to: Division of Purchases & Stores University Counsel Eastern Kentucky University Eastern Kentucky University Commonwealth Bldg., Rm1401 Coates CPO 40A 521 Lancaster Avenue 521 Lancaster Avenue Richmond, KY 40475 Richmond, KY 40475 (859) 622-7126 (859) 622-6693 (859) 622-2047 (fax) (859) 622-8030 [email protected] 12.13 Prime Contractor Responsibility

Any Contract resulting from the RFP shall specify that the Contractor is solely responsible for fulfillment of the Contract with the University.

12.14 Assignment and Subcontracting

The Contract is not assignable by the Contractor, either in whole or in part. No portion of work other than as described herein shall be subcontracted without prior written consent of Eastern Kentucky University.

12.15 Permits, Licenses, Taxes, and Registration

Contractor shall secure all necessary permits, licenses, and registrations and abide by all applicable laws, regulations, and ordinances of the United States, the Commonwealth of Kentucky, and any political subdivision(s) in which work under this Contract is performed.

Contractor shall pay any sales, use, local, and personal property taxes arising from this Contract. Any taxes on the services delivered pursuant hereto shall be borne by the Contractor.

12.16 Attorneys’ Fees


In the event that either party deems it necessary to take legal action to enforce any provision of a Contract, the University and Contractor agree to pay their own respective expenses of such action, including attorney’s fees and costs at all stages of litigation as set by the court or hearing officer. 12.17 Patents, Copyrights, and Trademark

The Contractor shall protect the University from any and all damages or liability arising from alleged infringements of patents, copyrights or trademarks.

12.18 Hold Harmless

Contractor agrees to indemnify, defend, and hold harmless Eastern Kentucky University, its officers, agents, and employees from any claims for losses for service rendered by Contractor, person, or firm performing or supplying services in connection with performance of the Contract; any claims or losses to any person or firm injured or damaged by the erroneous or negligent acts of Contractor, its officers or employees in the performance of the Contract, any claims or losses resulting to any person or firm injured or damaged by Contractor, its officers or employees by the publication, translation, reproduction, delivery, performance, use, or disposition of any data processed under the Contract in a manner not authorized by the Contract, or by federal or Commonwealth of Kentucky regulations, laws, and statutes, and any failure of Contractor, its officers or employees to observe Commonwealth of Kentucky regulations, laws, and statutes, including but not limited to labor laws, minimum wage laws, and other applicable regulations, laws, and statutes.

12.19 Insurance

Contractor shall procure and maintain, at its expense, the following minimum insurance coverage insuring all services, work activities, and contractual obligations undertaken in this Contract. These insurance policies must be with insurers acceptable to Eastern Kentucky University.

$1,000,000 Workers’ Compensation $1,000,000 Auto $2,000,000 Each Occurrence $2,000,000 General Aggregate $2,000,000 Products & Completed Operations Aggregate $8,000,000 Umbrella Each Occurrence/Aggregate

OR

$1,000,000 Workers’ Compensation $1,000,000 Auto $1,000,000 Each Occurrence $2,000,000 General Aggregate $2,000,000 Products & Completed Operations Aggregate $9,000,000 Umbrella Each Occurrence/Aggregate

Contractor agrees to furnish Certificates of Insurance for each insurance policy to the Purchasing Official. Eastern Kentucky University, its regents, and employees must be added as Additional Insured on the General Liability and Contractor Errors and Omissions Liability policies with regard to the scope of this Contract. Any deductibles or self-insured retentions in the insurance policies must be paid by and are the sole responsibility of the Contractor. Coverage is to be primary and non-contributory with other coverage, if any, purchased by the University. All required insurance policies must include a Waiver of Subrogation in favor of Eastern Kentucky University, its regents, and employees.

12.20 Events Beyond Control

Anything herein to the contrary notwithstanding, the University shall not be liable or responsible for any failure to furnish the services set forth in this RFP and the Contract, occasioned by strike or other work stoppage, federal, state or local government action, breakdown or failure of apparatus, equipment or machinery employed in supplying services, any temporary stoppage for the repair, improvement, or enlargement thereof, or any act or condition beyond its reasonable control.

12.21 Method of Award


It is the intent of the University to award a Contract to the qualified Successful Offeror whose offer, conforming to the conditions and requirements of the RFP, is determined to be the most advantageous to the University, cost and other factors considered. The method of determining the best offer is detailed in Section 6.0.

Notwithstanding the above, this RFP does not commit the University to contract for any requirements detailed in this document. The University reserves the right to reject any or all offers and to waive formalities and minor irregularities in the Proposal(s) received. 12.22 Reciprocal Preference to be given by Public Agencies to Resident Bidders In accordance with KRS 45A.494, a resident Offeror of the Commonwealth of Kentucky shall be given a preference against a non-resident Offeror. In evaluating proposals, the University will apply a reciprocal preference against an Offeror submitting a proposal from a state that grants residency preference equal to the preference given by the state of the nonresident Offeror. Residency and non-residency shall be defined in accordance with KRS 45A.494 (2) and 45A.494 (3), respectively. Any Offeror claiming Kentucky residency status shall submit with its proposal Attachment B, a notarized affidavit affirming that it meets the criteria as set for in the above referenced statute. 12.23 Debarment

Offeror’s signature on this solicitation response certifies that the Offeror, and where applicable subcontract vendor, or any other person performing service under this agreement (a) is not now nor have ever been excluded, suspended, debarred or otherwise deemed ineligible to participate in governmental procurement or other programs (b) and if disbarred, suspended or excluded during the life of the contract, the vendor will notify the University buyer of record within seventy two(72) hours of the vendor becoming aware of the governmental ineligibility.


Attachment A – Taxpayer Identification Number Request

Eastern Kentucky University requires a Federal Tax Identification number or Social Security number for all vendors or persons doing business with the University in order to comply with Federal Regulations and tax reporting requirements. Please take a few minutes to fill out this information and return to us to ensure prompt payment of your invoices. Thank you for the valuable service you have provided Eastern Kentucky University, and we look forward to a long and lasting relationship. IF SENDING A W-9, PLEASE RETURN THIS FORM ALSO. For your convenience, you may return the information one of the following ways: FAX: Vendor File @ 859-622-2047 Mail: Purchasing Division Eastern Kentucky University EMAIL: [email protected] Jones 117, CPO 8A 521 Lancaster Avenue Phone # (859)622-2246 Richmond, Kentucky 40475 Please type or print legibly VENDOR INFORMATION Name of Firm * (Company or Individual)

Phone Number * Make Checks Payable To *

Address * Fax Number * Payment Address *

Address Web Site Address or E-mail Payment Address

Address Vendor Representative Name on Invoice *

City * State * Zip* Federal Tax ID Number ** Social Security Number **

Willing to accept ACH payments * Yes No Bank Name & Routing #______________________________ Bank Account #_____________________________________

Willing to accept credit card payments* Yes No

Payment Terms *

* required fields **Federal Tax ID Number- This field must be completed if “Name of Firm” is a company name. Social Security Number- This field must be completed if “Name of Firm” is an individual’s name.

*Business Classification Reference Links: www.ccr.gov/sizestandard.asp, https://eweb1.sba.gov/hubzone/internet/general/whoweare.cfm, and http://app1.sba.gov/faqs/faqindex.cfm?areaID=11 Printed Name of Authorizing Official: ___________________________________________________________________________________

Authorized Signature: ___________________________________________________________ Date: _______________________________

Type of Ownership (Check Appropriate Box(es)) * Business Classification (Check Appropriate Box(es)) * (01) Individual/Sole Proprietorship (02) Partnership (03) Corporation-Incorporated in

(State)__________________ (04) Non-profit/Education

(05) Non-Resident Alien (06) Exempt from backup

withholding Other: _____________________

_____________________________

(SM) Small Business (LG) Large Business (CT) In County (MN) Minority Owned (WO) Women Owned

(SD) Small Disadvantaged Business (GA) Government Agency (NP) Non-Profit (AL) Alumni Owned (HZ) Hub Zone Small Business Other (Specify)__________________

CERTIFICATION Under penalties of perjury. I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me) and 2. I am not subject to backup withholding because:(a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS)

that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and

3. I am a U. S. person (including a U.S. resident alien). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholdings because you

have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct Taxpayer Identification Number.

Signature of U.S. Person _____________________________________________________ Date ______________________________

*REGISTRATION Any foreign corporation (outside the State of Kentucky) must obtain a certificate of authority from the Secretary of State as is required by KRS 271B.15-010 & KRS/014A06/010

Certificate #: ________________________________ (http://www.sos.ky.gov/business/ ) Claimed exemption: _____________________________

Any “person” (business or individual) making retail sales in the state are to be registered to collect Kentucky sales and use tax. If the foreign individual (or business) is making retail sales they should be registered for Kentucky sales and use tax purposes by completing a Tax Registration Application (form 10A100), available at the link below. If they are under contract to perform services that do not include the sale of tangible personal property or digital property, or do not perform services subject to tax per KRS 139.200 (such as admissions, provision of telecommunication services, sewer services, and so on), then they are not required to register.KRS 139

Consumer Use Tax Account number: __________________________________ (http://revenue.ky.gov/) Sales Tax Account Number: _________________________________________


Attachment B: Affidavit for Resident Bidder Status

Solicitation #: _________________________ REQUIRED AFFIDAVIT FOR BIDDERS, OFFERORS AND CONTRACTORS CLAIMING RESIDENT BIDDER STATUS FOR BIDS AND CONTRACTS IN GENERAL: The bidder or offeror hereby swears and affirms under penalty of perjury that, in accordance with KRS 45A.494(2), the entity bidding is an individual, partnership, association, corporation, or other business entity that, on the date the contract is first advertised or announced as available for bidding:

1. Is authorized to transact business in the Commonwealth; 2. Has for one year prior to and through the date of advertisement

a. Filed Kentucky corporate income taxes; b. Made payments to the Kentucky unemployment insurance fund established in KRS 341.49;

and c. Maintained a Kentucky workers’ compensation policy in effect.

The BIDDING AGENCY reserves the right to request documentation supporting a bidder’s claim of resident bidder status. Failure to provide such documentation upon request shall result in disqualification of the bidder or contract termination.

Signature Printed Name

Title Date

Company Name

Address

Subscribed and sworn to before me by (Affiant) (Title)

of this _____ day of ____________, 20___. (Company Name)

Notary Public

[seal of notary] My commission expires:

A

A

B

B

C

C

D

D

E

E

F

F

G

G

H

H

I

I

J

J

K

K

L

L

M

M

N

N

O

O

P

P

Q

Q

R

R

S

S

T

T

11

66

1414

2222

3030

3636

4242

4747

5454

26

U

U

V

V

W

W

X

X

Y

Y

Z

Z

18

958 SF

SERVICE

546 SF

POOL PITMECHANICAL

UP

UP

17'-6

"28

'-0"

28'-0

"28

'-0"

21'-0

"21

'-0"

17'-6

"24

'-6"

15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4"

CHASE

POOL PUMP PIT

UP

UP

8'-1"W x 10'-5"DPASS. ELEV.

(4'-6" DBL. DR./5,000LB CAP.)

INFILLEXISITINGDOCKINGSTATIONS

542 SFA

STAIR

542 SFB

STAIR

1,996 SF

TO BEDETERMINED

342 SF

MEN'S

1,345 SF

PARCEL

3,280 SF

P.O.DAND

STARBUCKS

3,280 SF

STEAK NSHAKE

553 SF

BANK

218 SF

VEST.

7,218 SF

TECH.

247 SF

CORR.578 SF

TUNNEL

19,196 SF

BOOKSTORE

BUILDINGNORTH

TRUENORTH

17'-6

"28

'-0"

14'-0

"14

'-0"

14'-0

"14

'-0"

21'-0

"21

'-0"

17'-6

"24

'-6"

8' -4"W x 7'-10"DSERVICE ELEV.(4'-6" DBL. DR./3,500LB CAP.)

POSSIBLEFUTURECHASE

342 SF

WOMEN'S

1,228 SF

CORRIDOR

8,438 SF

STUDYLOUNGE

1,204 SF

CORRIDOR

227 SF

VEST.

227 SF

VEST.

553 SF

AMAZONLOCKERS

GROUND FLOOR

DIS

PLA

Y

DIS

PLA

Y

Attachment C - Program Schematic for Powell Renovation Page 1 of 3

A

A

B

B

C

C

D

D

E

E

F

F

G

G

H

H

I

I

J

J

K

K

L

L

M

M

N

N

O

O

P

P

Q

Q

R

R

S

S

T

T

11

66

1414

2222

3030

3636

4242

4747

5454

26

U

U

V

V

W

W

X

X

Y

Y

Z

Z

18699 SF

ASTAIR

465 SF

VEST.

465 SF

VEST.

1,208 SF

MEETING

1,091 SF

COLONELCARD

1,208 SF

MEETING

541 SF

MEETING

541 SF

MEETING

699 SFB

STAIR

282 SF

MEN'S

283 SF

WOMEN'S

1,405 SF

MEETING

1,405 SF

MEETING

547 SF

DOCK

6,597 SF

MECHANICAL/ELECTRICAL

462 SFF

STAIR

DISPLAY

DIS

PLA

Y

DISPLAY

DIS

PLA

Y

UP

17'-6

"28

'-0"

28'-0

"28

'-0"

21'-0

"21

'-0"

17'-6

"24

'-6"

15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4"

DN

DN

UP

UP

DN

DN

UP

UP

CHASE

8'-4"W x 7'-10"DSERVICE ELEV.(4'-6" DBL. DR./3,500LB CAP.)


(4'-6" DBL. DR./5,000LB CAP.)

BUILDINGNORTH

TRUENORTH

17'-6

"28

'-0"

14'-0

"14

'-0"

14'-0

"14

'-0"

21'-0

"21

'-0"

17'-6

"24

'-6"

UP

462 SFE

STAIR

OPENING IN FLOOROPENING IN FLOOROPENING IN FLOOROPENING IN FLOOROPENING IN FLOOR

5,574 SF

OFFICE

1,805 SF

OFFICE

POSSIBLEFUTURECHASE

232 SF

MEN'S

232 SF

WOMEN'S

1,353 SF

CORRIDOR

4,104 SF

LOUNGE

4,561 SF

CORRIDOR

1,193 SF

CORRIDOR

45 SF

CUST.

57 SF

PASSAGE

206 SF

CORR.

55 SF

CLO.

UP

PLANTER

PLAZA

PLAZA

PLAZA

PLAZA

FIRST FLOOR

DIS

PLA

Y

DIS

PLA

Y


A

A

B

B

C

C

D

D

E

E

F

F

G

G

H

H

I

I

J

J

K

K

L

L

M

M

N

N

O

O

P

P

Q

Q

R

R

S

S

T

T

11

66

1414

2222

3030

3636

4242

4747

5454

26

U

U

V

V

W

W

X

X

Y

Y

Z

Z

18

1,432 SF

MEETING/MULTI-PURPOSE

1,432 SF


833 SF


416 SF


416 SF


833 SF


DN

713 SFB

STAIR

713 SFA

STAIR

17'-6

"28

'-0"

28'-0

"28

'-0"

21'-0

"21

'-0"

17'-6

"24

'-6"

15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4" 15'-4"

378 SFE

STAIR

378 SFF

STAIR

DN

CHASE

8'-4"W x 7'-10"DSERVICE ELEV.(4'-6" DBL. DR./3,500LB CAP.)


(4'-6" DBL. DR./5,000LB CAP.)

BUILDINGNORTH

TRUENORTH

17'-6

"28

'-0"

14'-0

"14

'-0"

14'-0

"14

'-0"

21'-0

"21

'-0"

17'-6

"24

'-6"

DN

DN

DN

DN

UPUP

SKYLIGHT ABOVE SKYLIGHT ABOVE SKYLIGHT ABOVE

550 SF

SERVICE

336 SF

MEN'S

337 SF

WOMEN'S

337 SF

WOMEN'S

1,376 SF

CATERING/KITCHEN

1,364 SF

STORAGE

1,376 SF

STORAGE1,116 SF

UNASSIGNED

9,179 SF

BALLROOM

BALCONY

PL

AN

TE

R

BALCONY

PL

AN

TE

R

POSSIBLEFUTURECHASE

EXISTINGDUCT?

EXISTINGFLUE?

1,609 SF


OP

ER

AB

LE P

AR

TIT

ION

OP

ER

AB

LE P

AR

TIT

ION

1,748 SF

CORRIDOR

1,201 SF

SERVICECORRIDOR

105 SF

CLOSET

5,446 SF

PREFUNCTION

405 SF


405 SF


DN

338 SF

MEN'S

1,764 SF

CORRIDOR

45 SF

CUST.

55 SF

CLO.

1,093 SF

GRANDSTAIR

OPEN TOBELOW

OPEN TOBELOW

OP

EN

TO

BE

LOW

OP

EN

TO

BE

LOW

OPEN TOBELOW

OPEN TOBELOW

OPEN TOBELOW

OPEN TOBELOW

SOUND FLOOR


Attachment D: CM/GC Powell Student Union Renovation CM/GC Contract Rev. 7/8/2017

1

CONTRACT BETWEEN OWNER AND CONSTRUCTION MANAGER/ GENERAL CONTRACTOR

This Agreement between Owner and Construction Manager / General Contractor is made as of this the _____________ by and between Eastern Kentucky University, hereinafter called the Owner, and ________________________ hereinafter called the Construction Manager / General Contractor (CM/GC), which is authorized to do business in Kentucky. WITNESSETH: THAT, for and in consideration of the covenants herein contained and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Owner and the Construction Manager/ General Contractor agree as follows:

ARTICLE 1 THE PROJECT

1.1 The Project is described in the documents enumerated in Exhibit A.

ARTICLE 2 THE CONTRACT DOCUMENTS

2.1 The Contract Documents consist of the Request for Proposal document RFP XXX-XXX issued by Eastern Kentucky University; this Contract and all addenda to this Contract; the Construction Manager / General Contractor’s response to the Request for Proposal for Construction Manager/ General Contractor services; the General Conditions to this Contract; the Special Conditions and Supplemental conditions (if any) to this Contract; the Construction Manager’s bonds; the Construction Documents including all plans and specifications and Fee Schedule (Exhibit “D”) and associated qualifications and assumptions when executed, now existing or issued hereafter; any amendments or addenda executed by the Owner and the Construction Manager / General Contractor hereafter; approved change order (s) or field orders; and the additional documents listed on Exhibit A, if any. The Contract Documents shall not be construed to create a contractual relationship of any kind between the Owner and any Trade Contractor or any person or entity other than the Construction Manager / General Contractor. Documents not included or expressly contemplated in this Article 2 do not, and shall not, form any part of the Contract for Construction. Without limiting the generality of the foregoing, it is specifically agreed that shop drawings and other submittals from the Construction Manager / General Contractor or its Trade Contractors and suppliers do not constitute a part of the Contract Documents. 2.3 Capitalized terms used but not defined in this Agreement shall have the meaning described thereto in the General Conditions.


2

ARTICLE 3 CONSTRUCTION MANAGER / GENERAL CONTRACTOR’S SERVICES

3.1 The Construction Manager / General Contractor's Services under this Agreement include General Project Services -- Pre-Construction and Construction Services. In performing these Services, the Construction Manager shall furnish or cause to be furnished (i) all labor, equipment, goods and materials now or hereafter required by this Contract for Construction (hereinafter defined) to successfully plan, construct and complete the Work; (ii) all construction management and supervisory services required by this Contract for Construction to successfully plan, construct and complete the Project.

3.2 The Construction Manager / General Contractor’s represents to the Owner that it (i) is experienced in providing construction management services for projects of similar size and complexity as this Project; (ii) is authorized and licensed to perform the type of labor and services for which it is being engaged; (iii) is qualified, willing and able to perform construction management services for the Project; and (iv) as embodied in the plans and specifications, has the expertise and ability to provide construction management services which will meet the Owner's objectives and requirements and which will comply with the requirements of all governmental, public and quasi-public authorities and agencies having or asserting jurisdiction over the Project. The Construction Manager / General Contractor acknowledges that it has reviewed and familiarized itself with the Contract Documents, including the documents enumerated in Article 2, and agrees to be bound by the terms and conditions contained therein.

3.3 Upon execution of this Agreement and issuance of a Purchase Order by the Owner, the Construction Manager / General Contractor shall commence performance of Pre-Construction Services, for a lump sum fee, as indicated in Exhibit “D”. Upon execution of trade package Change Orders and issuance of an amended Purchase Order by the Owner, the Construction Manager / General Contractor shall commence performance of Construction Services, for a lump sum fee, as indicated in Exhibit “D”. The parties acknowledge that (i) the Owner may determine not to proceed with Construction Services and (ii) payment of the Construction Manager / General Contractor for Pre-Construction Services shall be separate from payment, if any, for Construction Services. 3.3 General Project Services. The Construction Manager / General Contractor agrees to: 3.3.1 Provide all services required to professionally complete the Work in an expeditious and economical manner consistent with this Contract and the best interests of the Owner, and in compliance with all applicable law. 3.3.2 Endeavor to develop, implement and maintain, in consultation with the Owner, the Consultant(s), and the Trade Contractors, a spirit of cooperation, collegiality, and open communication among the parties so that the goals and objectives of each are clearly understood, potential problems are resolved promptly, and, upon completion, the Project is deemed a success by all parties.


3

3.3.3 All of Construction Manager / General Contractor’s services shall be performed in accordance with schedule requirements. 3.4 Pre-Construction Services. The Construction Manager / General Contractor shall provide the following Pre-Construction Services: 3.4(a) Design Review Services 3.4(a)(1) The Construction Manager / General Contractor shall actively and jointly participate with the Owner and the Consultant(s) in formation of the final Project design without assuming design responsibility. The Project design schedule is set forth on Exhibit B. 3.4(a)(2) The Consultant(s) is(are) required, in accordance with current project schedule requirements, to provide design drawings during the Schematic Design, Design Development and Construction Documents phases. The Construction Manager / General Contractor, not acting as an architect or engineer and without assuming any authorship responsibility for the design drawings, shall promptly and in accordance with current project schedule requirements:

1) familiarize itself with the approved program; 2) familiarize itself with the design drawings; 3) analyze and evaluate jobsite management, site logistics, budget and schedule

considerations; 4) analyze and evaluate the constructability of the Work illustrated by the design

drawings at each phase of design with respect to construction methodology, schedule, budget and site logistics;

5) analyze and evaluate each of the design drawings in regard to the completeness of intended bid categories, conflicts or overlaps in the divisions of the Work, design details affecting construction, value engineering, identification of long-lead materials affecting the Construction Schedule, availability of labor and other factors affecting construction; and

6) identify conceptual decisions it will be necessary to make in order to prepare accurate estimates of probable cost with the fewest assumptions, qualifications and exclusions.

3.4(a)(3) The Construction Manager / General Contractor and the Consultant(s) shall jointly schedule and attend regular meetings and design phase review meetings with the Owner and evaluate the design drawings. The Consultant(s) shall prepare and distribute minutes of these meetings, and the Construction Manager / General Contractor shall verify the accuracy and completeness of the minutes.

3.4(a)(4) The Construction Manager / General Contractor shall, in accordance with schedule requirements, notify the Consultant(s) in writing and assist the Consultant(s) with the resolution, of all problems, conflicts, defects or deficiencies discovered by the


4

Construction Manager / General Contractor identified during the review and evaluation of the design drawings.

3.4(a)(5) Upon receipt of the design drawings at the completion of each design phase (SD, DD and CD), the Construction Manager / General Contractor shall, in accordance with schedule requirements, prepare and submit an estimate of Total Project Construction Cost broken down by line item into major construction disciplines and systems. 3.4(a)(6) The Construction Manager / General Contractor and Consultant(s) shall reconcile, and make recommendations on, the differences between the CM/GC’s estimate and the Consultant’s estimate. 3.4(a)(7) The Construction Manager / General Contractor shall provide information detailing its review in preparation of its estimate of Total Project Construction Cost. In this regard, at the end of the Schematic Design phase, the Construction Manager / General Contractor shall provide a letter to Owner summarizing such information reviewed and confirming that the concept selected can be constructed within the parameters identified in the CM/GC schematic estimate. At each subsequent design phase set forth in the design schedule, the Construction Manager / General Contractor shall provide such information in the form of a report containing a detailed description of Construction Manager / General Contractor’s review. Such letter and reports shall be provided to Owner in accordance with the schedule set forth on Exhibit C. 3.4(b) Construction Documents Review Services 3.4(b)(1) The Consultant(s) is (are) required, in accordance with current project schedule requirements, to provide construction documents and other information for review. 3.4(b)(2) The Construction Manager / General Contractor shall, in accordance with current project schedule requirements; review applicable Construction Schedule(s); the estimate of Total Project Construction Cost; fees for permits and licenses, if any; modifications necessitated by local conditions; and other information necessary for a full understanding of the Project and the Construction Documents. The Construction Manager / General Contractor shall:

1) review the Construction Documents for clarity and constructability; 2) where observed, call to the attention of the Consultants any identified conflicts,

omissions or duplications and any unusual design details that, in the opinion of the CM/GC, will adversely affect construction cost and schedules;

3) identify factors with the potential to impact the Construction Schedule such as materials with long lead time, the unavailability of required labor, and other factors and make suggestions for acceptable alternatives;

4) evaluate and make suggestions to optimize site utilization during construction; 5) recommend proposed modifications or alternatives to the Construction

Documents based on its evaluation and review;


5

6) notify the Owner and the Consultant(s) in writing of any detected variances between the Construction Documents and applicable laws, statutes, building codes, rules and regulations;

7) notify the Owner and the Consultant(s) in writing of all problems, conflicts, defects or deficiencies in the Construction Documents to the extent that the CM/GC detects such;

8) apply established value engineering principles and practices to reduce the cost of the Project, if necessary, to satisfy budgetary requirements; and

9) provide written reports to the Owner and the Consultant’s documenting each of the items indicated above, including, but not necessarily limited to, the CM/GC’s findings, analysis, and recommendations.

3.4(b)(3) The Construction Manager / General Contractor shall, in accordance with schedule requirements, assist the Consultant(s) with the resolution of all problems, conflicts, defects or deficiencies identified during the review and evaluation of the Construction Documents. 3.4(b)(4) Upon receipt of the design drawings at the end of each design phase: SD, DD and CD, the Construction Manager / General Contractor shall, in accordance with schedule requirements and Exhibit C, prepare and submit an estimate of Total Project Construction Cost broken down by line item into major construction disciplines and systems. Prior to bidding each Bid Package the CM/GC shall provide breakout pricing for each Trade Package based on the most recent estimate of total project construction cost. The Conceptual and Schematic Design estimates shall be performed in CSI Uni-Format and the Design Development and Construction Document estimates shall be performed in CSI Master Format. 3.4(b)(5) The Consultant will also prepare an opinion of probable cost at the end of each design phase of each Bid Package and, in addition, at 50% completion of the Construction Documents for selected Bid Packages. The Construction Manager / General Contractor and Consultant(s) shall reconcile, and make recommendations on the differences between the CM/GC’s estimate and the Consultant’s estimate. If these estimates by the Construction Manager / General Contractor and by the Consultant(s) differ materially, the Consultant and the CM/GC shall meet promptly to reconcile the discrepancies between their estimates so as to permit submission to the Owner of a final estimate of Total Project Construction Cost on which both agree. 3.4(c) Planning and Scheduling Services 3.4(c)(1) The Construction Manager / General Contractor understands and acknowledges the Owner's intent that the Project will be complete by the Date of Substantial Completion. The Construction Manager / General Contractor shall timely prepare and submit the Construction Schedule for the Owner's review. The Construction Schedule shall complement, and shall not conflict with, the Design Schedule. 3.4(c)(2) The Construction Manager / General Contractor shall submit an initial


6

Construction Schedule by the date set forth on Exhibit C; a final Construction Schedule with the Guaranteed Maximum Price proposal; and revised Construction Schedules in accordance with the General Conditions. 3.4(c)(3) The Construction Manager / General Contractor shall establish and submit for Owner’s review within sixty (60) calendar days of the Owner’s execution of this Agreement:

1) Project cost control procedures; 2) Project reporting procedures; 3) Quality Management Program; and 4) Safety program (to be included in Trade Bid Packages)

3.4(c)(4) The Construction Manager / General Contractor shall develop a comprehensive jobsite management and logistics plan for the Owner’s review. This plan shall be submitted to Owner thirty (30) calendar days from the completion of the Phase B: Design Development phase. 3.4(c)(5) The Construction Manager / General Contractor understands and acknowledges the Owner’s intent that the Project will be completed within the budget set by Owner for the Project. The Construction Manager / General Contractor shall inform the Owner in writing if it believes that the Project may not be completed within Owner’s budget, the reasons why it is not so and to offer suggestions concerning the proposed solutions therefore. 3.4(d) Bidding and Negotiation

3.4(d)(1) With the Consultant(s) assistance, the Construction Manager / General Contractor shall prepare and assemble document packets for use in bidding the Trade Contracts, subject to the Owner’s approval for legal compliance. The following is a synopsis of the Bidding Procedures that shall be followed on this project:

1) The Construction Manager / General Contractor develops the trade bid packages, including the ready to bid documents and sends them to the Division of Capital Construction and Project Administration (CCPA) for approval;

2) The bid documents will indicate that the bids will be submitted to and received by the Construction Manager / General Contractor;

3) A pre-bid meeting and a public bid opening are both scheduled and the information is included in the bid documents;

4) The Construction Manager / General Contractor will publically advertise each trade bid package for, at least, seven (7) calendar days prior to bid opening;

5) CCPA staff will attend the public bid opening; 6) Copies of all bids are made and given to the Construction Manager / General

Contractor, and CCPA;


7

7) The Construction Manager / General Contractor holds scope review meetings with the apparent successful bidders;

8) The trade contractor sends all required forms, including EEO forms to the Construction Manager / General Contractor and then the Construction Manager / General Contractor compiles and transmits to CCPA a notice of its intent to award a Trade Contractor Contract ;

9) Once all required documents are received, the Construction Manager / General Contractor reports to the Owner the summary of all Trade Contractor Contracts to be awarded;

10) The Construction Manager / General Contractor will award each bid package to the lowest, responsive, and responsible bidder.

11) A change order is then initiated and the Construction Manager / General Contractor’s contract is modified to reflect trade Contractor Contract awards.. The Construction Manager / General Contractor shall not be entitled to compensation in the form of a percentage markup of the amount of Change Orders executed during the Construction Period.

3.4(d)(2) The Construction Manager / General Contractor, in cooperation with the Owner, shall conduct public bid openings and shall prepare a summary of the bid tabulation supported by a copy of all bids. 3.4(d)(3) The Construction Manager / General Contractor shall, for each subcontract, trade or bid division prior to award:

1) determine that each apparent low bid is responsive, that is, review and clarify the scope of Work in detail with the apparent low bidders to determine that their bids are complete and do not include duplicate scope items;

2) determine that each apparent low bidder is responsible, that is, has the capability in all respects to perform fully the contract requirements, and the integrity and reliability which will assure good faith performance;

3) prepare and furnish to the Owner a revised bid tabulation which includes by Trade Contract and/or bid division, the applicable final GMP estimate and the related final bid amount and the details of all scope clarifications for Owner’s review;

4) if requested by Owner, provide a list of all potential Direct Purchase Materials for the Owner’s review;

5) identify to the Owner in writing the Trade Contractors to which the Construction Manager / General Contractor intends to award Trade Contractor Contracts to;

3.4(d)(4) No portion of the work may be performed by the Construction Manager / General Contractor or its affiliates except with Owner’s prior written approval. 3.4(e) Guaranteed Maximum Price Proposal Services 3.4(e)(1) Prior to performance of Construction Services for each Trade Bid Package, the Construction Manager / General Contractor shall prepare and deliver to the Owner, with a


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copy to the Consultant(s), a written summary of the Guaranteed Maximum Price (“GMP”) proposals submitted and accepted from the various Trade Contractors, at the time set forth on Exhibit C. The Construction Manager / General Contractor shall, at a minimum, include in the GMP proposal:

1) recital of the specific Construction Documents, including drawings, specifications, and all addenda thereto, used in preparation of the GMP proposal;

2) the elements of the Guaranteed Maximum Price: Cost of the Work (the sum of all trade contracts comprising CSI divisions 1-17), detailed by each subcontract, trade, or bid division;

3) CM/GC Construction Services Fee as indicated in Exhibit “D”, including any adjustments mutually agreed to by the Owner and the Construction Manager / General Contractor.

a. Bonds and Insurance shall be included in the Construction Manager / General Contractor’s services fee.

4) A draft Schedule of Values – using the form provided by Exhibit E – to illustrate the fiscal translation between the GMP and the likely structure of trade bid packages;

5) an itemization and description of all assumptions, clarification, and inclusions to or exclusions from the GMP, schedule, and other components of the proposal;

6) and the final Construction Schedule. 7) The Owner shall set aside adequate funding for the Construction Manager /

General Contractor’s Contingency (CMC) – see paragraph 3.4(e)(8)

3.4(e)(2) The GMP proposal shall include payment for Work required by the Construction Documents, and if the GMP proposal is accepted by the Owner, the Construction Manager / General Contractor shall not cause any Trade Contractor to be entitled to an increase in the GMP if the Work required by the Construction Documents (i) is required by the Contract For Construction, (ii) is reasonably inferable from the incomplete documents, and the general industry standards for completion of the Work, (iii is not an enlargement of the scope of Work or (iv) substantially conforms to the nature, type, kind or quality of Work depicted in the incomplete documents.}The GMP proposal shall include costs of all insurance and bonds as outlined in Article 35 of the General Conditions that are attributable to a specific Trade Contractor.

3.4(e)(3) If the GMP proposal is unacceptable to the Owner, the Owner shall promptly notify the Construction Manager / General Contractor in writing. Within fourteen (14) calendar days of such notification, the Owner, Consultant(s) and Construction Manager / General Contractor shall meet to discuss and resolve any differences, inconsistencies, or misunderstandings and to negotiate recommended adjustments to the Work and/or to the GMP.

3.4(e)(4) The Owner may, at its sole discretion and based upon its sole judgment, (i) indicate its acceptance of a GMP proposal; (ii) reject a GMP proposal; (iii) terminate the Project; or (iv) proceed to construct the Project using a party or parties other than any Trade Contractor indicated or the Construction Manager / General Contractor.

3.4(e)(5) If the Owner rejects a GMP proposal, neither party shall have any further obligation pursuant to the Contract for Construction.


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3.4(e)(6) If the Owner accepts a GMP proposal, the parties shall complete and execute a Change Order assigning the Work of each Trade Contractor Package to the Construction Manager/ General Contractor, which shall include the associated qualifications and assumptions and the Owner shall modify the Construction Manager / General Contractor’s contract establishing the construction dates.

The Construction Manager / General Contractor shall not expend any monies for construction prior to receipt of contract modification. Once the GMP is established by this process, it shall not change without a Change Order modification. There shall only be one GMP in place at any one time. 3.4(e)(7) Price Guarantees Upon execution of the Change Order for Construction, and subject to the qualifications and assumptions the Construction Manager / General Contractor guarantees that the sum of the Cost of the Work and the CM/GC Construction Services Fee shall not exceed the GMP, except for the acceptable use of the Construction Manager / General Contractor’s Contingency (CMC) or as adjusted by Change Order. All costs or expenses that would cause this sum to exceed the GMP shall be borne by the Construction Manager / General Contractor unless adjusted by Owner approved Construction Change Order. Upon execution of Construction Change Order, the Construction Manager / General Contractor certifies that any costs specifically included as unit costs in the GMP proposal are accurate, complete and current at the time of negotiations; and that any other factual unit costs that may be furnished to the Owner in the future to support any additional amounts that may be authorized will also be accurate and complete. Payments to the Construction Manager / General Contractor shall be reduced if the Owner determines such amounts were originally included due to materially inaccurate, incomplete, or non-current factual unit costs. Upon execution of Construction Change Order, the Construction Manager / General Contractor guarantees that to the extent the accepted agreed GMP includes contingencies, use of contingency shall be approved in writing by the Owner prior to expenditure by the Construction Manager / General Contractor, which approval shall not be unreasonably withheld. 3.4(e) (8) Construction Manager / General Contractor’s Contingency (CMC) (i.) The value of CMC included in the GMP shall be two percent (2%) at the time of award of each separate bid package. This is referred to below as the “base-line CMC”. (ii.) The value of the “base-line CMC” that is included in the GMP is not modified by additive or deductive Change Orders except for Change Orders adding or subtracting separate bid packages to/from the scope of the Work.


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(aa.) At the execution of additive or deductive Change Orders which add or subtract separate bid packages to/from the scope of the Work, the Owner shall set aside from available project funds, two percent (2%) of the total of the Change Order for use as the Construction Manager / General Contractor’s Contingency CMC. This amount shall be added to the “base-line CMC” set aside by the Owner.

(bb.) When the Project reaches 50% Completion, the currently unused portion of fifty percent (50%) of the Construction Manager / General Contractor’s “base-line CMC” shall be released back to the Owner from the CMC set aside of available funds. The revised amount set aside by the Owner then becomes the “base-line CMC”.

(cc.) When the Project reaches 75% Completion, the currently unused portion of fifty percent (50%) of the “base-line CMC” shall be released back to the Owner from the CMC set aside of available funds. The revised amount them becomes the “base-line CMC”

(dd.) When the Project reaches Substantial Completion, the currently unused portion of the “base-line CMC” shall be released by to the Owner from the CMC set aside of available funds.

(iii.) Use of CMC must be agreed to, in writing, by the Owner prior to expenditure by the Construction Manager / General Contractor. With each Payment Application from the Construction Manager / General Contractor, a complete accounting of Construction Manager / General Contractor’s Contingency CMC used to the date of the Payment Application shall be provided to the Owner. The Construction Manager / General Contractor is reimbursed for the acceptable use of the Construction Manager / General Contractor’s Contingency CMC by execution of a Change Order where the use of the Construction Manager / General Contractor’s Contingency CMC is detailed sufficiently for the Owner’s review and acceptance. Construction Services 3.5(a) The Construction Manager / General Contractor Shall:

1) award and enter into a subcontract between itself (Construction Manager /

General Contractor) and each Trade Contractor or materials supplier and 2) provide a copy of each subcontract agreement to the Owner upon execution.

3.5(b) Construction Supervision

3.5(b)(1) Commencing with the award of the first subcontract and terminating on the date of Final Completion, the Construction Manager / General Contractor shall provide the


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services described in subsections 3.5(b)(2) through 3.5(b)(7). 3.5(b)(2) The Construction Manager / General Contractor shall, as the Owner's construction representative during construction, advise and consult with the Owner and the Consultant(s), and provide administration of the Construction Documents. 3.5(b)(3) The Construction Manager / General Contractor shall supervise and direct the Work at the Site. The Construction Manager / General Contractor shall, at a minimum, staff the Project Site with personnel who shall:

1) supervise and coordinate the Construction Manager / General Contractor's personnel and act as its primary liaison with the Owner and the Consultant(s);

2) coordinate trade contractors and suppliers, and supervise Site construction management services;

3) be familiar with all trade divisions and trade contractors’ scopes of Work, all applicable building codes, and the Construction Documents;

4) check and review shop drawings and materials delivered to the Site, regularly review the Work to determine its compliance with the Construction, regularly confer with the appropriate Owner's consultant(s) to assure acceptable levels of quality;

5) prepare and maintain Project records including a daily log, as built record drawings, process Project documents, and staff the Site field office;

6) schedule and conduct weekly safety and progress meetings with Trade Contractors to review such matters as job safety and procedures, construction progress, schedule, shop drawing status and other information as necessary and provide notification of, and minutes from, such meetings to Owner and Consultant(s);

7) schedule and conduct weekly (or less frequently at the sole discretion of the Owner) progress meetings with the Owner and Consultant(s) to review such matters as construction progress, schedule, shop drawing status and other information as necessary.

8) record the progress of the Project and to that end, submit written monthly progress reports to the Owner and Consultant(s) and User Group Representative(s) including information on the Trade Contractors’ Work, percentage of completion of the Work, current estimating, contract buyouts, computerized updated monthly Critical Path Method scheduling and Project accounting reports, including projected time to completion and estimated cost to complete the Work, and monthly digital progress photographs on compact disc to be used to display the progress on Owner’s website; project directory, logs for Requests for Information (RFI), Submittals and shop drawings, Change Orders, cost change proposals, field directives, safety meetings, deficiencies, contract buyouts, weather conditions, and meeting minutes.

9) make provision for Project security to protect the Project site and materials stored off-site against theft, vandalism, fire and accidents as required by the General Conditions and applicable law.


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10) Assist with the LEED certification process including ensuring the performance of all construction related tasks.

3.5(b)(4) The Construction Manager / General Contractor shall promptly reject any Work which does not conform to the Contract Documents, or which, in accord with standard knowledge and practices in the construction industry, does not comply with any applicable law, statute, building code, rule or regulation of any public authority or agency. The Construction Manager / General Contractor shall immediately notify the Consultant(s) and the Owner in writing when it has rejected any Work.

3.5(b)(5) The Construction Manager / General Contractor shall comply with and cause its Trade Contractors and suppliers to comply with the Project Construction Schedule and applicable sub-schedules. The Construction Manager / General Contractor shall obtain and review schedules from Trade Contractors and suppliers, coordinate these schedules with the Construction Schedule, and enforce compliance to insure timely completion of the Work. If at any time the Project is delayed, the Construction Manager / General Contractor shall immediately notify the Owner and the Consultant(s) of the probable cause(s) and make adjustments for corrective actions.

3.5(b)(6) The Consultant(s) will visit the Project Site at intervals appropriate to the stage of construction and with sufficient frequency to familiarize itself with the progress and quality of the Work and to inspect the Work. The Construction Manager / General Contractor or the Owner may request that the Consultant(s) visit the Site at additional times as the Owner deems necessary to attend meetings, inspect the Work, and render interpretations regarding the Work necessary for the proper execution of the Work. The Consultant(s)’s interpretations and decisions shall be final regarding the Final Construction Documents and the Work. 3.5(b)(7) The Construction Manager / General Contractor shall prepare the as-built record drawings in AutoCAD. The consultant will make available a PDF copy of the original AutoCAD files, including all addenda, to the Construction Manager / General Contractor. The Construction Manager / General Contractor shall use the PDF files as a base layer and shall make updates and revisions in AutoCAD and provide to the Consultant(s) for inclusion into the final record documents. Approval of the final payment request shall be contingent upon compliance with these provisions. 3.5(c) Construction Manager / General Contractor's On-Site Facilities

3.5(c)(1) The Construction Manager / General Contractor shall provide any necessary facilities at the Project Site as required and approved by the Owner. The Costs of these facilities are included in the Construction Manager/ General Contractor’s Construction Services Fee.


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ARTICLE 4 COMPENSATION OF CONSTRUCTION MANAGER / GENERAL CONTRACTOR

4.1 Pre-Construction Services Fee The Owner agrees to pay the Construction Manager / General Contractor, and the Construction Manager / General Contractor shall accept as complete payment for performance of Pre-Construction Services, the lump sum fee set forth on Exhibit C, payable pursuant to the schedule set forth thereon. 4.2 Compensation for Construction Services The Owner shall pay, and the Construction Manager / General Contractor shall accept, as full and complete payment for the Construction Services, only the lump sum of the following elements – which shall not exceed the GMP – calculated in the order outlined in Exhibit D:

2) the aggregate net cost directly paid, or to be paid, by the Construction Manager / General Contractor to Trade Contractors pursuant to written subcontracts to perform the Work (the “Cost of the Work”), not to exceed the guaranteed maximum set forth on most current Exhibit D;

3) the Construction Manager / General Contractor’s Services Fee as set forth on most current Exhibit D

4) Authorized Expenditures from the Construction Manager / General Contractor’s Contingency;

NOTE: The Construction Manager / General Contractor shall not be compensated a percentage markup for adjustments to the Guaranteed Maximum Price by Construction Change Order.

4.2.1 Construction Manager / General Contractor’s Construction Services Fee The Construction Manager / General Contractor’s Services Fee includes the elements indicated and as defined below in 4.2.1(a), 4.2.1(b)(1) and 4.2.1(b) (2) and not indicated to be included in Trade Contracts. 4.2.1 (a) Construction Manager / General Contractor’s Staffing 4.2.1 (a)(1) Construction Manager / General Contractor staffing costs include and are limited to expenditures for the following items:

1) The cost of its supervisory, technical, administrative and clerical personnel engaged in supervision and management of the Work;


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2) CM/GC staffing costs directly attributable to the Work with the exception of those specifically enumerated compensable as a General Conditions Cost or a Cost of the Work;

3) reasonable expenses of the Construction Manager / General Contractor’s personnel incurred while traveling in discharge of duties directly connected with the Work;

4) any costs or expenses incurred by the Construction Manager/ General Contractor, not included in the General Conditions Cost, for provision of management services necessary to complete the Project in an expeditious and economical manner consistent with the Contract for Construction.

NOTE: In no event shall the Construction Manager / General Contractor’s Fee include any costs and expenses except those described above. 4.2.1 (b) General Conditions Cost 4.2.1 (b)(1) General Conditions costs include the following items except for those costs subsequently assigned to one or more of the trade contracts:

1) costs, including transportation and storage, installation, maintenance, dismantling and removal of materials, supplies, temporary facilities, machinery, equipment, and hand tools not customarily owned by construction workers, that are provided by the Construction Manager/ General Contractor at the site and fully consumed in the performance of the Work; and cost (less salvage value) of such items if not fully consumed, whether sold to others or retained by the Construction Manager/ General Contractor. Cost for items previously used by the Construction Manager/ General Contractor shall mean fair market value;

2) costs incurred to provide site safety and site security are to be included in Trade Contracts/General Requirements;

3) costs of removal of debris from the site; are to be included in Trade Contracts/General Requirements;

4) costs of items/services for the benefit of the CM/GC including document reproduction, facsimile transmissions and long-distance telephone calls, postage and parcel delivery charges, telephone service at the site and reasonable petty cash expenses of the site office;

5) bonds and Insurance for the Guaranteed Maximum Price (GMP) shall be included in the Construction Manager/ General Contractor’s Services Fee. See Articles 24 and 25 of the General Conditions;

6) all CM/GC data processing costs directly related to the Work; 7) the cost of obtaining and using telephone and data/internet required for the

Work; 8) the cost of crossing or protecting any public utility, if required, and as directed

by the Owner are to be included in Trade Contracts/General Requirements. 9) all reasonable costs and expenditures necessary for the operation of the CM/GC

Site office, such as stationary, supplies, furniture, fixtures, office equipment and field computer services;

10) the cost of secure off-site storage space or facilities; are to be included in Trade


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Contract/General Requirements. 11) rental charges for temporary facilities, and for machinery, equipment, and tools

not customarily owned by construction workers; however any rental charge shall not exceed the purchase price of such facilities, machinery, equipment or tools; are to be included in Trade Contract/General Requirements.

12) cost of surveys, measurements and layout work reasonably required for the execution of the Work or by the Construction Documents; are to be included in Trade Contract/General Requirements, and

4.2.1(b)(2) Legal costs incurred in connection with disputes solely between the Construction Manager / General Contractor and the Owner or incurred in connection with disputes solely between the Construction Manager / General Contractor and Trade Contractors are the responsibility of the Construction Manager / General Contractor, are not compensable and shall not be included in the Guaranteed Maximum Price. 4.3 Compensation for Change Orders.

4.3(a) Amounts owed by the Owner to the Construction Manager / General Contractor for payment to a Trade Contractor shall be adjusted by duly authorized Construction Change Order.

4.3(a)(1) Increase In Cost of Work. If the Cost of the Work is increased by Change Order, the Owner shall pay the Construction Manager / General Contractor the net cost directly paid by the Construction Manager / General Contractor to Trade Contractors or suppliers for the performance of the Work. The Construction Manager / General Contractor shall not receive a percentage markup on the amount of the executed Change Order. The Trade Contractor’s overhead and profit shall not exceed 10% of the actual cost of the work. 4.3(a)(2) Decrease in Cost of Work. If the Cost of the Work is decreased by Change Order, payment due from the Owner to the Construction Manager / General Contractor shall be reduced by the amount the Construction Manager / General Contractor is no longer obligated to pay Trade Contractors and/or suppliers for performance of the Work. The Construction Manager / General Contractor shall not refund a percentage markup on the amount of the executed Change Order. The Trade Contractor’s overhead and profit refunded as part of the executed Change Order shall be 10% of the actual cost of the work. 4.3(a)(3) Change Order - Time & Material. For Change Orders approved by a Owner to be performed by the Construction Manager / General Contractor on a time-and-materials basis pursuant to the General Conditions, the Owner shall pay the Construction Manager / General Contractor the actual incurred cost and expenses paid to those Trade Contractors and suppliers performing the Work. The Construction Manager / General Contractor shall not receive a percentage markup on the amount of the executed Change Order. The Trade Contractor’s overhead and profit shall not exceed 10% of the actual cost of the work.


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4.3(b) Funding Sources and Change Types. The following are general/typical categorizations of the types of change conditions and the means of funding within the GMP. The status of the project, the relative status of each funding source, and the current and projected risk born by each party shall be considered in deciding which funding source will be used to fund particular proposed changes. Changes funded by Construction Manager / General Contractor’s Contingency (CMC) are not eligible for additional Construction Manager / General Contractor Construction Manager / General Contractor’s percentage markup.

4.4 CM CONTINGENCY

1) Errors & omissions in the Construction Manager / General Contractor’s bidding and scoping processes when proven to the Owner as not included in the original scope of the GMP;

2) reasonable schedule recovery that is caused by circumstances beyond the control of the Construction Manager / General Contractor or any Trade Contractor, accepted by the Owner prior to use;

3) Trade Contractor non-performance or default, where the Construction Manager / General Contractor provides evidence that the CM/GC was unable to recover the cost of performing the work of the Trade Contractor’s non-performance or default. The CM/GC shall make every reasonable effort to recover the cost of performing this work from the Trade Contractor that is in non-performance or default;

4) other costs incurred by the Construction Manager / General Contractor that are not allocable as “cost of work” items or included in the General Conditions or Construction Manager / General Contractor’s Staffing; and

5) any costs or expenses incurred by the Construction Manager / General Contractor, not included in the General Conditions Cost, for provision of management services necessary to complete the Project in an expeditious and economical manner consistent with the Contract for Construction and the best interests of Owner;

4.5 Applications for payment shall be made in accordance with Article 30 of the General Conditions to the Contract. 4.6. Prior to submitting the first application for payment, the Construction Manager / General Contractor shall prepare and present to the Owner and the Consultant(s) for approval a draft Schedule of Values for payment in the form set forth in Exhibit E. 4.7 Upon receipt of the Construction Manager / General Contractor’s invoice, properly prepared the Owner shall pay the Construction Manager / General Contractor the amount approved by Consultant(s), less retainage, unless there is a dispute about the amount of compensation due to the Construction Manager / General Contractor. It is understood and agreed that the Owner will not withhold retainage on the amount due


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the CM/GC for the Construction Manager/ General Contractor’s Construction Services Fee and the General Conditions, bonds and insurance premiums which are part of this Construction Services Fee.

ARTICLE 5. LIQUIDATED DAMAGES FOR DELAY

5.1 Inasmuch as failure to Substantially Complete the Work within the time fixed on the final Exhibit D executed after completion of all design phases and associated bidding will result in injury to the Owner, and as damages arising from such failure cannot be calculated with any degree of certainty, it is agreed that if the Work is not Substantially Completed within the time provided in Exhibit D of the CM/GC Contract or within such further time, if any, as shall be allowed for time extensions in accordance with the provisions of the Contract for Construction, the Construction Manager / General Contractor shall pay to the Owner as liquidated damages for such delay, and not as a penalty, the amount set forth in Exhibit D for each calendar day elapsing between the date fixed for Substantial Completion and the date such Substantial Completion is fully accomplished. The parties agree that said liquidated damages are reasonable given existing circumstances, including, without limitation, the range of harm that is foreseeable and the anticipation that proof of damages would be costly and impractical. 5.2 The Owner’s right to receive liquidated damages shall in no manner affect the Owner's right to terminate the Agreement. The Owner's exercise of the right to terminate shall not release the Construction Manager / General Contractor from the obligation to pay said liquidated damages incurred to date. It is further agreed that the Owner may deduct from the balance remaining for payment to the Construction Manager / General Contractor, the liquidated damages stipulated herein, or such portion thereof as the remaining balance will cover. 5.3 It is understood at the time of this Agreement, that the amount of Liquidated Damages has not yet been determined. It is agreed that the Owner and the Construction Manager/ General Contractor will negotiate, determine, establish and agree upon an amount of Liquidated Damages for this Project at the time of the execution of the Advice of Change to this Agreement between the Owner and Construction Manager/ General Contractor that authorizes and compensates the Construction Manager/ General Contractor to proceed with the CM/GC Construction Services of this Agreement. 5.4 The Construction Manager/General Contractor and Owner waive claims against each other for consequential damages arising out of or relating to this Contract. This mutual waiver includes

5.4.1 damages incurred by the Owner for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and


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5.4.2 damages incurred by the Construction Manager/General Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the Work.

5.4.3 This mutual waiver is applicable, without limitation, to all consequential damages due to either party’s termination in accordance with Article 22 of the General Conditions. Nothing contained in this Article shall be deemed to preclude an award of liquidated damages, when applicable, in accordance with the requirements of the Contract Documents.

ARTICLE 6. PERSONNEL, TRADE CONTRACTOR AND SUPPLIER CHARTS

6.1 The Construction Manager / General Contractor has provided as Exhibit F, the Construction Manager / General Contractor’s personnel chart which lists by name, job category and responsibility, the Construction Manager / General Contractor’s primary employees who will work on the Project as listed in Construction Manager / General Contractor’s Professional Qualifications Supplement submitted to Owner during the Construction Manager / General Contractor selection process. The Construction Manager / General Contractor shall promptly request to the Owner, in writing, any proposed staffing replacement or addition, the reasons therefore, and the name(s) and qualification(s) of proposed replacement(s) or addition(s) for the Owner’s written approval or rejection. 6.2 Prior to the award of initial trade contracts, the Construction Manager / General Contractor shall prepare and provide to Owner the Construction Manager / General Contractor's Trade Contractors and Suppliers Chart which lists by name and general Project responsibility each Trade Contractor and supplier who will be utilized by the Construction Manager / General Contractor to provide goods or services with respect to the Project. The Construction Manager / General Contractor shall not enter into any agreement with any Trade Contractor or supplier to which the Owner raises a reasonable, timely objection; and shall promptly inform the Owner in writing of any proposed replacements, the reasons therefore, and the name(s) and qualification(s) of proposed replacement(s). The Owner shall have the right, in its reasonable discretion, to reject any proposed replacement. This Trade Contractors and Suppliers Chart shall be updated and re-submitted as remaining trade contracts are awarded.

ARTICLE 7 INSURANCE AND BONDS

7.1 The Construction Manager / General Contractor shall provide the insurance and payment and performance bonds as required in Article 35 of the General Conditions.


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ARTICLE 8 MISCELLANEOUS PROVISIONS

8.1 The Owner and Construction Manager / General Contractor respectively, bind themselves, their partners, successors, assigns and legal representatives to the other party to this Agreement and to the partners, successors, assigns and legal representatives of such other party with respect to all covenants of this Agreement. Neither, the Owner nor the Construction Manager / General Contractor, shall assign this Agreement without the prior written consent of the other. 8.2 This Agreement shall be governed by, and construed under, the laws of the Commonwealth of Kentucky, without regard to its choice of law provisions, and venue shall lie in the Circuit Court in Franklin County, Kentucky. Notwithstanding anything in the Contract Documents to the contrary, in the event there is any change in any applicable law, rule or regulation that takes effect after the execution of this Contract and such change increases the Construction Manager’s/General Contractor’s time or cost of performance hereunder, Construction Manager/General Contractor shall be entitled to an equitable adjustment to its time and/or compensation hereunder. 8.3 The Construction Manager / General Contractor represents and warrants that it has not employed or retained any company or person (other than a bona fide employee working solely for the Construction Manager / General Contractor) to solicit or secure this Agreement, and that it has not paid or agreed to pay any person, company, corporation individual or firm (other than a bona fide employee working solely for the Construction Manager / General Contractor) any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. 8.4 All capitalized terms used herein but not defined herein shall have the meaning ascribed thereto in the General Conditions. 8.5 Owner is an equal opportunity institution and, as such, encourages the use of Minority Business Enterprises (“MBEs”) in the provision of construction related services. MBEs should have a fair and equal opportunity to compete for dollars spent by the Commonwealth of Kentucky to procure construction-related services. Competition ensures that prices are competitive and a broad vendor base is available. 8.6 Notwithstanding anything to the contrary contained in this Agreement, Owner may elect to implement a direct purchase program whereby it may purchase materials and equipment included in any Trade Contractor’s bid for a portion of the Work directly from the supplier of such materials or equipment in order to achieve sales tax savings. Such materials and equipment are referred to herein as “Direct Purchase Materials”. If Owner elects to implement a direct purchase program it shall so notify Construction Manager / General Contractor, in writing, and the terms of this paragraph shall govern


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such program. At the time Construction Manager / General Contractor provides Owner with the bid tabulation analysis as required by this Agreement (which bids shall include the cost of all potential Direct Purchase Materials and sales taxes applicable thereto), Construction Manager / General Contractor shall submit to Owner a list, subdivided as to applicable Trade Contractors, of materials and equipment appropriate for consideration by Owner as Direct Purchase Materials. If Owner elects to purchase any Direct Purchase Materials, it shall so notify Construction Manager / General Contractor and CM/GC shall thereafter promptly furnish to Owner, at least fourteen (14) days prior to the date such Direct Purchase Materials must be ordered, a purchase order reflecting the approved Direct Purchase Materials, together with acceptable evidence that Construction Manager / General Contractor competitively bid for the portion of the Work which includes the Direct Purchase Materials as required by this Agreement. Acceptable evidence means, at a minimum, that Construction Manager / General Contractor performed all advertising required by this Agreement, utilized the pre-qualification criteria approved by Owner and obtained at least three (3) sealed written quotes from various bidders for the applicable portions of the Work or, if not, provides a written explanation as to why this was not done. In addition, the Construction Manager / General Contractor shall reduce the applicable Trade Contractor’s contract amount by the cost of the Direct Purchase Materials and sales tax related thereto. Upon Owner’s receipt of the purchase order and supporting materials, Owner will review the same and, if approved, issue a purchase order directly to the supplier of the applicable Direct Purchase Material, with delivery F.O.B. Project site. Upon delivery of the Direct Purchase Materials to the Project site, Construction Manager / General Contractor shall ensure that the Direct Purchase Materials are as requested in Owner’s purchase order and if so, Owner will take title to the Direct Purchase Materials and Construction Manager / General Contractor shall forward the approved invoices and associated back-up documentation to Owner. Owner will process these invoices and issue payment directly to the applicable supplier. Construction Manager / General Contractor shall obtain builder’s risk insurance on the Direct Purchase Materials naming Owner as the insured or an additional insured, provided Owner shall reimburse Construction Manager / General Contractor for the cost of such insurance as provided by this Agreement. Except to the extent modified by this section, Construction Manager / General Contractor shall be responsible for satisfying all of its other obligations with respect to the Direct Purchase Materials pursuant to this Agreement, as if the Direct Purchase Materials had been purchased by it. Additional charge to Owner for services provided pursuant to this paragraph shall be mutually agreeable to the Owner and Construction Manager / General Contractor, and authorized by Change Order.


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8.7 All exhibits referenced herein are attached hereto and incorporated herein by reference. 8.8 The Construction Manager / General Contractor shall participate in and cooperate with commissioning, validation, and other quality assurance and quality control processes, at no additional cost to the Owner. 8.9 Audits 8.9(a) The Construction Manager / General Contractor’s Trade Contractors’, sub-subcontractors’ and/or vendor’s "records" shall upon reasonable notice be open to inspection and subject to audit and/or reproduction during normal business working hours as may be deemed necessary by the Owner at it’s sole discretion. Such audits may be performed by an Owner's representative or an outside representative engaged by Owner. The Owner or its designee may conduct such audits or inspections throughout the term of this contract and for a period of three years after final payment or longer if required by law. Owner’s representatives may (without limitation) conduct verifications such as counting employees at the Construction Site, witnessing the distribution of payroll, verifying information and amounts through interviews and written confirmations with Construction Manager / General Contractor's employees, field and agency labor, Trade Contractors, and vendors. 8.9(b) "Records" as referred to in this contract shall include any and all information, materials and data of every kind and character, including without limitation, records, books, papers, documents, subscriptions, recordings, agreements, purchase orders, leases, contracts, commitments, arrangements, notes, daily diaries, superintendent reports, drawings, receipts, vouchers and memoranda, and any and all other agreements, sources of information and matters that may in Owner's judgment have any bearing on or pertain to any matters, rights, duties or obligations under or covered by any Contract Document. Such records shall include (hard copy, as well as computer readable data if it can be made available), written policies and procedures; time sheets; payroll registers; payroll records; cancelled payroll checks; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); back-charge logs and supporting documentation; invoices and related payment documentation; general ledger; records detailing cash and trade discounts earned, insurance rebates and dividends; and any other contractor records which may have a bearing on matters of interest to the Owner in connection with the contractor's dealings with the Owner (all foregoing hereinafter referred to as "records") to the extent necessary to adequately permit evaluation and verification of any or all of the following:

1) Compliance with contract requirements for deliverables; 2) Compliance with approved plans and specifications; 3) Compliance with Owner's business ethics expectations; 4) Compliance with contract provisions regarding the pricing of change orders;


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5) Accuracy of contractor representations regarding the pricing of invoices; and 6) Accuracy of contractor representations related to claims submitted by the

contractor or any of his payees. 8.9(c) The Construction Manager / General Contractor shall require all payees (examples of payees include Trade Contractors, vendors, and/or material suppliers) to comply with the provisions of this article by including the requirements hereof in a written contract agreement between the Construction Manager / General Contractor and payee. Such requirements to include flow-down right of audit provisions in contracts with payees will also apply to Subcontractors and Sub-Subcontractors, material suppliers, etc. The Construction Manager / General Contractor will cooperate fully and will cause all Related Parties and all of the Construction Manager / General Contractor’s subcontractors (including those entering into lump sum subcontracts) to cooperate fully in furnishing or in making available to Owner from time to time whenever requested, in an expeditious manner, any and all such information, materials and data. 8.9(d) Owner's authorized representative or designee shall have reasonable access to the Construction Manager / General Contractor’s facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this contract and shall be provided adequate and appropriate work space in order to conduct audits in compliance with this article. 8.9(e) If an audit inspection or examination, in accordance with this article, discloses overpricing or overcharges (of any nature) by the Construction Manager / General Contractor to the Owner the overcharges shall be reimbursed to the owner by the Construction Manager / General Contractor. Any adjustments and/or payments that must be made as a result of any such audit or inspection of the Contractor's invoices and/or records shall be made within Ninety (90) Calendar Days from presentation of Owner's findings to Construction Manager / General Contractor. 8.9 (f) The Construction Manager / General Contractor or contractor, as defined in KRS 45A.030(9) agrees that the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, and the Legislative Research Commission, or their duly authorized representatives, shall have access to any books, documents, papers, records, or other evidence, which are directly pertinent to this contract for the purpose of financial audit or program review. Furthermore, any books, documents, papers, records, or other evidence provided to the contracting agency, the Finance and Administration Cabinet, the Auditor of Public Accounts, or the Legislative Research Commission which are directly pertinent to the contract shall be subject to public disclosure regardless of the proprietary nature of the information, unless specific information is identified and exempted and agreed to by the Secretary of the Finance and Administration Cabinet as meeting the provisions of KRS 61.878(1)(c) prior to the execution of the contract. The Secretary of the Finance and Administration Cabinet shall not restrict the public release of any information that would otherwise be subject to public release if a state government agency were providing the service. (22 Ky.R. 1510; eff. 5-16-96; 30 Ky.R. 682; 1468; eff. 1-5-2004.)


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8.9 Any modifications to this Agreement are set forth on Exhibit G. <<< Remainder of this page left intentionally blank>>>


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IN WITNESS WHEREOF this Agreement is executed in two (2) counterparts, each one of which shall be deemed an original and adequate proof of this Agreement, on the date and year first herein before written. WITNESS: Construction Manager/ General Contractor: BY: Title: EASTERN KENTUCKY UNIVERSITY By: Barry Poynter, Vice President

Finance & Administration


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Exhibit A Project & Construction Documents`

1.1 Description of Project.

Project Name: Location/Address: Eastern Kentucky University, Richmond, Kentucky Project No:

1.2 2.1 Additional Documents.

1. N/A


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Exhibit B

Project Design Schedule for CM/GC Pre-Construction Services

3.4(a)(1). Project Design Schedule:

Phase Duration *

(SD) Schematic Design Phase SD Construction Cost Estimate/Reconciliation

SD Constructability Report SD Initial Project Schedule Preparation (DD) Design Development Phase DD Construction Cost Estimate/ Reconciliation DD Constructability Report Initial Project Schedule through Construction DD Report: Project Cost Control Procedures/ Project Reporting Procedures/ Quality Management Program/ Safety Program (for Trade Packages)/ Comprehensive Job Site Management- Logistics Plan

(CD) Construction Documents CD Construction Cost Estimate/ Reconciliation CD Constructability Report CD Trade Package Preparation (BID) Bidding / Award BID Conduct Bid Period BID Public Bid Opening BID Analysis / Award of Trade Contracts * Duration: in calendar days. Duration begins with submittal of Design Phase Documents from Design Team (each item is independent from other items listed


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Exhibit C Authorization for Pre-Construction Services

3.4(a)(2) Schedule for Design Phase Reports

1) Schematic Design Report: Fifteen calendar days after delivery of Schematic Design documents from Consultants

2) Design Development Phase Report: Fifteen calendar days after delivery of Design Development Documents from Consultant(s): Provide as indicated in Exhibit B

3) Construction Documents Phase Report: Fifteen calendar days after Delivery of CDs from Consultant.

4) Completion of Bidding/ Award Letter: Fifteen (15) calendar days after award

of all Trade Packages: Provide a summary of Trade Package Awards. 3.4(b) Initial Construction Schedule Deadline

With Schematic Design submittal 3.4(c)(1) GMP Proposal Submittal Deadline

within 15 working days after receipt of bids. 3.4(d) Construction Manager / General Contractor’s Contingency (CMC) for the project shall be 2 percent of the estimated or guaranteed maximum Cost of the Work. 4.1 Pre-Construction Services Fee For pre-construction services, the lump sum amount of ($ XXX), to be paid at the satisfactory completion of the following phases:

Phase Fee (P) Programming $ (SD) Schematic Design $ (DD) Design Development $ (GMP CD) 100% Construction Documents / Acceptance of GMP

$

Total: $ 4.2 The Construction Manager / General Contractor’s Construction Services Fee the lump sum amount of ($ XXXXXXXX), to be paid in equal monthly installments during the Construction Period.


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Exhibit D Authorization for Construction

Pursuant to the Agreement between the Commonwealth of Kentucky (“Owner”) and -__________________________. (“Construction Manager / General Contractor”), for Construction Manager/General Contractor Services __________________________________ Eastern Kentucky University Richmond, KY for the Scope of Work under this authorization for Construction to include name document or Bid Package, the Owner and the Construction Manager / General Contractor hereby execute this Exhibit D and further agree as set forth below. Construction Manager / General Contractor shall issue trade contracts for the Work within ten (10) calendar days after the execution of the Contract or Construction Change Order, along with the Exhibit D, signed by the Owner. The date of Substantial Completion shall be: TBD (to be adjusted after completion of Phase A. The date of Final Completion shall be thirty calendar days (30) days after the date of Substantial Completion. 3.4(d). The Construction Manager / General Contractor’s Guaranteed Maximum Price (“GMP”) proposal dated _______________attached hereto and incorporated herein, is accepted by the Owner. Ref: Contract Paragraph

Item Amount

3.4(d)(7) a. Cost of the Work b. Cost of the Work from prior GMP c. Adjusted Cost of the Work (a+b)

$.00 (dollars) $.00 (dollars) $.00 (dollars)

3.4(d)(8) d. CM Contingency (CMC) $.00 (dollars) e. Subtotal Direct Work Sum of (c+d) $.00 (dollars) 3.4(d)(7) & 4.2.1

f. Construction Manager / General Contractor’s Construction Service Fee (Lump Sum)

(dollars)

g. Construction Manager / General Contractor’s Preconstruction Service Fee (Lump Sum)

(dollars)

3.4(d) Guaranteed Maximum Price (Sum of e+f+g) $00 (dollars)


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Note: The bonds and Insurance cost shall be included in the Construction Manager / General Contractor’s Construction Services Fee.

Note: It is understood at the time of this Agreement, that the amount of Liquidated Damages has not yet been determined. It is agreed that the Owner and Construction Manager/ General Contractor will negotiate, determine, establish and agree upon an amount of Liquidated Damages for this Project at the time of execution of the Advice of Change to this Agreement between the Owner and Construction Manager/ General Contractor that authorizes and compensates the Construction Manager/ General Contractor to proceed with the CM/GC Construction Services under this Agreement. Liquidated Damages for Delay Amount The Construction Manager / General Contractor and the Construction Manager / General Contractor’s Surety shall be liable for and shall pay the Owner the fixed amount of $* As Liquidated Damages for each calendar day of unexcused delay until the Work is substantially complete. (*) calendar days after the date Substantial Completion is achieved, the Construction Manager / General Contractor and the Construction Manager / General Contractor’s Surety shall be liable for and shall pay the Owner the fixed amount of $* as Liquidated Damages for each calendar day of unexcused delay until the Work achieves Final Completion. The time for Completion, as set forth in Article 6 of the Special Conditions, shall be only for the elements of the construction of the facility formally added to the scope of construction work of the Construction Manager / General Contractor by Change Order, and shall be adjusted at the time of execution of each Change Order. The time of Completion shall not be applicable to the delivery of pre-construction services by the Construction Manager / General Contractor. Liquidated Damages relative to Substantial Completion and Final Completion, and as set forth in Article 7 of the Special Conditions, shall be applied only to the completion time for the construction of the Construction Manager/General Contractor Services ___________________________Eastern Kentucky University Richmond, KY (the project), and not for any of the individual construction/bid packages for the construction portions of the Project. Further, Liquidated Damages shall be applicable only to the Project completion time as established upon the delivery of the final GMP and as further adjusted by any subsequent executed Change Orders, other formal Project contract modifications or termination per Article 24 and/or Article 26 of the General Conditions. *Liquidated damages will be mutually negotiated and agreed upon prior to execution of change order for construction services.


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Exhibit E

Schedule of Values

To be issued with first Payment Application

Exhibit F Construction Manager/ General Contractors’ Personnel Chart

(see attached)

Exhibit G Modifications, if any

(see attached)