johnson county community college

---

JOHNSON COUNTY COMMUNITY COLLEGE Procurement Services Office 12345 College Blvd., CSB 170 Overland Park, KS 66210-1299 Phone (913) 469-3812

REQUEST FOR PROPOSALS #15-124 FOR CONSTRUCTION MANAGER as ADVISOR SERVICES OCB RENOVATION

Buyer:

Chris Worthington Senior Buyer, Procurement Services

Proposals Due: 2:00PM on June 16, 2015 Johnson County Community College Procurement Services Office Campus Services Building, Room 170

Proposer’s Company Name:

SECTION 1 - INSTRUCTIONS TO PROPOSERS

1-1

GENERAL Johnson County Community College (also herein referred to as “College” or “Owner”) is issuing this Request for Proposals (RFP) for the purpose of soliciting proposals for Construction Manager as Advisor Services – OCB Renovation for the renovation of the first floor of the OCB building. An overview of this project is described in “Exhibit A” of this RFP. Each Proposer (also herein referred to as “Construction Managers”) will execute and submit all proposals in accordance with these instructions and the applicable provisions of the specifications. Proposers or potential proposers who obtain this document from the College’s web site without receiving a formal invitation from the College’s Procurement Services to bid or submit a proposal are responsible for notifying the appropriate buyer that you have done so in order to be assured of receiving notification of addenda if any are issued. NOTE: It is the Proposer's responsibility to check for any addenda. Bids or proposals received by the College that do not include acknowledgement of addenda may be rejected.

1-2

PROJECT DOCUMENTS The project description appears in “Exhibit A” of this RFP. The architect of record for the project is DLR Group, Inc. The Agreement between Owner and Construction Manager, will be comprised of AIA Document A132 – 2009 (Standard Form of Agreement Between Owner and Construction Manager as Advisor) and AIA Document A132 – 2009 (Determination of the Cost of Work), which are incorporated herein by this reference (the "Agreement").

1-3

SUBMISSION OF PROPOSALS A. Sealed proposals for Construction Manager as Advisor Services for OCB Renovation will be received by Procurement Services at room 170, Campus Services Building (CSB), Johnson County Community College, 12345 College Blvd., Overland Park, Kansas 66210 until 2:00 p.m. on June 16, 2015, at which time the names of the Proposers submitting proposals shall be announced. Proposals received after the exact time specified for receipt will not be considered. B. Proposal must be submitted in a SEALED envelope and CLEARLY IDENTIFIED with the Request for Proposals’ number, date and time of opening, and Proposer’s name and address. A facsimile response or electronic mail response to this Request for Proposals does NOT meet the requirement of a sealed proposal and will NOT be accepted. Attachment B should be completed and returned to the College’s Procurement Services if the Proposer is not submitting a proposal. C. Proposals must be submitted on the College’s forms provided in this proposal document and must include one (1) original unbound, one (1) electronic (USB or CD), and four (4) bound copies of proposal response signed in ink by a person authorized to commit Proposer to extend this offer. Any alterations or corrections must be initialed by the Proposer. D. Proposals may be withdrawn by written request, any time prior to the scheduled closing time for receipt of proposals. Requests for modification must be in writing, executed by a person with authority, and submitted in a sealed manner as set forth above. Requests for withdrawal must be in writing, executed by a person with authority, or by facsimile or electronic mail notice subsequently confirmed in writing. E. All proposals shall be valid and constitute an irrevocable offer to contract on the terms and conditions contained in this Request for Proposals and the Agreement Between Owner and Construction Manager (the “Agreement”) for one-hundred twenty (120) days after opening, but the College reserves the right to accept or reject proposals on each item or service separately or as a whole, to reject any or all proposals, to waive informalities or irregularities, and to contract in the best interest of the College.

15-124 CMA OCB Renovation

2

F.

1-4

Any time College Offices are closed on days other than scheduled holidays, any opening scheduled for that day will be held on the next normal working day at the scheduled time. Any time opening hours of College Offices are delayed, openings will be delayed by the same amount of time; e.g., if an office opens two hours late, proposal responses will be opened two hours late. It shall be the Proposers’ responsibility for making themselves aware of these situations.

PRICING A. Except as otherwise provided, proposal prices must be firm and based on the information specified. The proposal price shall include everything necessary for the execution and completion of the Agreement. Proposer’s signature on this proposal form guarantees that prices have not been arrived at through collusion with other eligible Proposers and without effort to preclude the College from obtaining the lowest possible competitive prices. The proposal price shall not include any allowance for Kansas State sales or use tax. B. The College will evaluate the total price for the basic requirements with any option(s) exercised at the time of award. Evaluation of option(s) will not obligate the College to exercise the options(s). C. The College may reject an offer if it is materially unbalanced as to process for the basic requirements and the option quantities. An offer is materially unbalanced when it is based on prices significantly less than the cost for some work and prices that are significantly overstated for other work.

1-5

INTERPRETATION, CORRECTIONS, OR CHANGES Proposers requesting any interpretations or clarifications of this document shall direct those questions in writing (preferably via electronic mail) as soon as possible to the College’s Procurement Services Office at the address below by no later than 12:00 p.m. on June 11, 2015: Chris Worthington, Senior Buyer Johnson County Community College Procurement Services Office CSB 170, Box #56 Overland Park, KS 66210 Telephone: (913) 469-3812 Fax: (913) 469-4429 E-mail: [email protected] Proposers should consider the College’s Procurement Services Office as the first and only point of contact on all matters related to the procedures associated with this Request for Proposals. If additional information is needed from any source, the College’s Procurement Services Office will work with the Proposer and with the various offices of the College to gather that information. Any interpretation, correction, or change in the Request for Proposals will be made by formal addendum issued by the Johnson County Community College Procurement Services Office and must be acknowledged by Proposer on the Proposal Response Certification (see “Attachment A” attached hereto and incorporated herein by this reference) of this Request for Proposals. Interpretations, corrections, or changes to the Request for Proposals allegedly made in any other manner will not be binding and no Proposer may rely upon any such interpretation, correction, or change.

1-6

PROPOSER’S PRE-PROPOSAL CONFERENCE A conference with Construction Managers invited to submit proposals will be held at 1:00pm, June 9, 2015 in room 108 (Jerry Vincent Hospitality Suite) on the first floor of the Office and Classroom (OCB) building on the Johnson County Community College campus. This conference will enable Proposers to request clarification on any questions they have on the project. In addition, the project Architect and College’s Facility Planning and Campus Services Construction Management Representatives will be available for project design, budget, and project delivery model clarifications. Attendance at the conference is highly recommended. To ensure adequate seating, please RSVP with the number of attendees ([email protected]).

15-124 CMA OCB Renovations

3

1-7

PROPOSER’S REPRESENTATION By submission of a proposal, Proposer represents that it has examined the Agreement documents and made an examination of the site or otherwise satisfied itself completely as to the provisions of the Agreement documents and site conditions, areas, and quantities.

1-8

QUALIFICATIONS OF PROPOSER Upon request by the College, the apparent successful Proposer(s) shall furnish documentation satisfactory to the College which confirms qualification requirements. Any conviction for a criminal or civic offense that indicates a lack of business integrity of business honesty which currently, seriously, and directly affects responsibility as a state contractor must be disclosed. This is to include (a) conviction of a criminal offense as an incident to obtaining or attempting to obtain a public or private contract or subcontract or in the performance of such contract or subcontract; (b) conviction under state or federal statutes of embezzlement, theft, forgery, bribery, falsification or destruction of records, or receiving stolen property; (c) conviction under state or federal antitrust statutes; and (d) any other offense to be serious and compelling as to affect responsibility as a state contractor (see K.S.A. 75-37,103).

1-9

APPEAL OF AWARD A Proposer aggrieved by the award of an Agreement may file an appeal in writing to the College’s Executive Director of Procurement Services. The appeal must be received by the Executive Director of Procurement Services within five working days after the award is made, must describe the basis for the appeal, and must include all argument and evidence the Proposer wishes the Executive Director of Procurement Services to consider. Keeping track of the date an award is made is the responsibility of the Proposer(s).

1-10 BASIS OF AWARD The College shall make the award(s) to the responsible Proposer(s) whose proposal(s) will be most advantageous to the College, in the College’s sole discretion, with respect to price, conformance to the specifications, quality, and other factors as evaluated by the College. The College shall not in any event be required or constrained to award the Agreement(s) to the Proposer(s) proposing the lowest price(s). Nor shall the College be required to make any award whatsoever. The College may award Agreement(s) on the basis of initial proposals received, without discussion; therefore, each initial proposal should contain the Proposer's best terms from a cost and technical standpoint. 1-11 PROPOSAL CONFIDENTIALITY Each Proposer agrees that the contents of each proposal submitted in response to this Request for Proposals is confidential, proprietary, and constitutes trade secret information as to all technical and financial data, and waives any right of access to such proposals, except as provided for by law. Except as determined by the College's Procurement Services, in its sole discretion, no information will be given regarding any proposals or evaluation progress until after an award is made, except as provided for by law.

15-124 CMA OCB Renovations

4

SECTION 2 - INSTRUCTIONS FOR PREPARING PROPOSALS 2-1

GENERAL Johnson County Community College intends to hire a Construction Manager as Advisor to provide a full range of construction management services. The successful Construction Manager selected by the College will provide preconstruction services and be a key member of the planning and design process, including pre-design and continual project estimating throughout the process. The Construction Manager selected will also participate in program refinement and design meetings beginning with schematic design through design completion. Section 3 of this RFP provides a sampling of duties which will be required of the Construction Manager and which are part of the final Agreement between the Construction Manager and Johnson County Community College. To aid in the evaluation process, it is required that all responses comply with the items and sequence as presented in paragraph 2-2, RFP Response Outline. Paragraph 2-2 outlines the minimum requirements and packaging for the preparation and presentation of a response. Failure to comply may result in rejection of the response. The proposal should be specific and complete in every detail, prepared in a simple and straight-forward manner. Proposers are expected to examine the entire Request for Proposals, including all specifications, standard provisions, and instructions. Failure to do so will be at the Proposer's risk. Each Proposer shall furnish the information required by the invitation. Periods of time, stated in number of days, in this request or in the Proposer's response, shall be in calendar days. Propose your best price on each item required in this RFP.

2-2

RFP RESPONSE OUTLINE A. Response Sheet: The proposal Response Sheet Attachment A shall be attached to the front of the proposal and shall contain the Proposer's certification of the submission. It shall be signed in ink by an official who has full authority to enter into an Agreement. Attachment B should be completed and returned to the College’s Procurement Services if the Proposer is not submitting a proposal. B. Proposal Quotation Form: The Proposal Quotations Form (“Attachment C”) shall be attached and completed with all blanks filled in with applicable information requested, summarizing all price quotes required by this RFP. C. Background and History: Describe the company, organization, officers or partners, number of employees, and operating policies that would affect this Agreement. State the number of years your organization has been continuously engaged in business. D. Financial Stability: Provide evidence of company’s financial status and stability, including your latest audited financial balance sheet and three financial references. E. Bonding: In addition to the inclusion of the cost of performance and payment bonding within the General Conditions guarantee required by the Agreement within this RFP, provide written commitment from a recognized surety for bonding the project at 100% of the resulting contract value and your current bonding rate. Your bonding rate effective at the time of contract execution will also be required prior to executing a contract. Describe your ability to meet typical bonding requirements for a project greater than $1 million. F.

Experience with Higher Education Projects: Describe Proposer's experience in construction management for higher education projects in the past ten years. Include name of institution, project size, cost, and type of project/name. Please provide details on your most successful higher education-type project in the past five (5) years.

G. Experience with Preconstruction Services: Please provide examples of construction management projects done in past five years where your firm provided preconstruction services as part of the planning team working with the owner, architect and engineering team. Describe any special success stories and references.

15-124 CMA OCB Renovations

5

H. Management Expertise: Please provide any specific organizational expertise and/or qualifications of key inhouse personnel who will provide management and support services for the project including MEP, fire protection and commissioning coordination strengths. Include Principal-In-Charge, Project Manager, Project Superintendent, Chief Estimator and who would serve as point responsibility for attending Preconstruction Services design meetings and facilitating all required Construction Management work through Design Development, as well as management structure during construction of the project through closeout and turn-over to the college and warranty follow-up. I.

Resources for Developing a Construction Budget: What are your resources in developing a construction budget similar to a project being planned by the College in this RFP?

J.

Estimating Processes: Describe your estimating process.

K. Quality Control: Describe your internal quality control procedures. L. Control of contractors: How do you control the performance of contractors and assure competitive pricing of changes in the scope of work? M. Communications: (a) Explain how you communicate with other members of the planning, design and construction team? (b) Explain how often you would expect to meet with team members during various preconstruction design and construction phases? N. Project Accounting and Competitive Bidding: Tell us about how you do project accounting under the Construction Manager as Advisor model and how you insure open book accounting and competitive bidding on subcontractors and subspecialties with the Owner. O. Safety Programs: Please provide details about your safety program and success. Who has responsibility for it? Provide the “Experience Modification Rate” for your company. P. References: Please list five (5) references, including contact names, addresses, and phone numbers, for public construction management educational type projects where your company has provided both preconstruction and construction management services based on using the Construction Manager as Advisor type project delivery model. Q. Contractor’s Qualification Statement: Please attach complete “Contractor’s Qualification Statement, AIA A132.” R. Proposer Exceptions: Describe any exceptions to the terms and conditions contained within this document, provided however, that proposed exceptions to the Form DA-146a Contractual Provisions Attachment shall NOT be binding on the College and shall NOT be incorporated into the final agreement. Add comments about the project of concern to the Proposer. S.

Disclosure of Potential Conflict of Interests: Describe any circumstances or relationships held by the Contractor that constitute or could reasonable be perceived as a Conflict of Interest pursuant to the College’s Conflict of Interests Policy 431.00 (http://www.jccc.edu/about/leadership-governance/policies/personnel/employeeconduct-performance/conflict-of-interest.html#.VWy8us9VhBf)

T. Sustainability: In support of the college’s signing of the American College & University Presidents Climate Commitment, the college’s Procurement Services Office is dedicated to applying principles in all procurements to the maximum degree as practical in order to procure products and services that promote the minimization of environmental impact and the conservation of energy during the entire life cycle of products. The college will give favorable consideration to the procurement of products and services that support these aforementioned standards and that do not have negative residual impacts on the environment at the end of their useful lives. Favorable consideration will be given to those vendors who support these standards as well. Describe your firm’s approach to achieving these and related sustainability goals. 15-124 CMA OCB Renovations

6

U. Availability for Discussions/Presentations: Per section 5-2, state your availability for potential discussions or presentations on June 17th or 18th, 2015.

15-124 CMA OCB Renovations

7

SECTION 3 – PRECONSTRUCTION SERVICES REQUIREMENTS

GENERAL The following, in addition to those provided in the Agreement, are the required preconstruction phase services to be provided by the Construction Manager. A. Provide owner with those technical, professional, and other services within the Construction Manager’s capabilities. B. Provide such information, suggestions, evaluations and assessments as may be requested or required by the Owner and/or Architect. C. Assessment and feasibility of performing work. D. Evaluate the Project program, schedule and construction budget established by the owner for the project. E. Assess the reasonableness of the schedule and budget based on the Owner’s program for the project. F.

To identify and evaluate alternatives to the Owner’s program, schedule and construction budget, so as to increase the cost-effectiveness of the designs and reduce the time required for construction.

G. Evaluate and recommend alternative materials, systems and methods of achieving the Owner’s program, schedule and budget or other design parameters. H. Assist the Owner in planning for the construction, turnover, move in, and opening of the project. I.

Prepare and review with the Owner and Architect a schedule for the construction of the project and make recommendations regarding the availability of materials and labor, time requirements for procuring long-lead times, installation and construction, and other factors relating to time of construction.

J.

Prepare and review with the Owner and Architect, detailed estimates of the construction cost for the project, and revisions to react to market condition fluctuations.

K. Advise the Owner regarding any circumstances that may indicate that the construction cost may exceed the construction budget, as established by the Owner, and in such event make recommendations to the Owner regarding alternative designs or changes in construction means or methods which may save costs. L. Recommend to the Owner that appropriate investigations, surveys, tests, analysis and reports be obtained as necessary for the proper and timely execution of the project. M. Prepare criteria for subcontract bidders and develop subcontractor interest in the project. N. Assist the Architect, as and when requested in the preparation and submission of applications or other documents necessary for the issuance of any variances or approvals required in connection with the design or construction of the project, from any local or state governmental authorities having jurisdiction. O. Estimate and clearly itemize the estimated costs of performing each division of work and include sub-itemization as required to present a complete and detailed cost estimate.

15-124 CMA OCB Renovations

8

SECTION 4 – REQUIRED PROPOSAL QUOTATIONS

GENERAL

A. In order to assist the College and Architect with the development and delineation of the scope and nature of the work on the Project, and specifically to assess the cost and feasibility of performing and constructing the work set forth in the designs prepared by the Architect within the time and Construction Budget limitations set forth in this Request for Proposal, Proposers shall quote a Flat Fee for Preconstruction Services, as such services are described in “Section 3” of this Request for Proposal and more specifically defined in the Agreement. (Please quote Flat Fee on “Attachment C” Proposal Quotation Form included in this RFP). B. The Construction Manager’s Fee shall be the Construction Manager’s sole compensation for its profit, home office services and supervision, overhead and for any and all other costs or expenses incurred in connection with the performance of the work on the project, except for items specifically included in the cost of the work, and except for those increases expressly permitted in the Agreement. Proposers shall quote a Construction Management Fee,” in terms of a percentage figure for construction phase services. (Please quote Construction Management Fee as a percentage on “Attachment C” Proposal Quotation Form included in this RFP). C. Include with your proposal responses to all information required by this RFP a letter signed by an authorized officer of the Proposer which shall note any concerns or issues with, or requested changes to, the Agreement, and, except to the extent of such noted concerns, issues, or requested changes, the Proposer shall be deemed to be in full agreement with the terms and conditions contained in the Agreement. The College, in its sole discretion, may consider such concerns, issues, or requested changes, or lack thereof, in making the award, and the College shall not be obligated, upon making any award, to consider, discuss, or agree to any such concerns, issues, or requested changes.

15-124 CMA OCB Renovations

9

SECTION 5 - PROCUREMENT PROCESS

5-1

PROPOSER LIST AND QUALIFICATION EVALUATION After the established date for receipt of proposals, a listing of Proposers submitting proposals will be prepared, and will be available for public inspection. Qualifications and proposals submitted by interested Proposers will be reviewed and evaluated based on the evaluation factors set forth in the RFP.

5-2

PROPOSAL CLASSIFICATION For the purpose of conducting discussions with individual Proposers, if required, proposals will initially be classified as: A. Potentially Acceptable B. Unacceptable Discussions may be conducted with any or all of the Proposers whose proposals are found potentially acceptable. The College’s Executive Director of Procurement Services will establish procedures and schedules for conducting oral and/or written discussions. If the College chooses to schedule any discussions/presentations, if it deems necessary, the sessions will occur June 17-18, 2015. Proposers should state their availability for those two dates as part of their proposal response. Proposers are advised that the College may award an Agreement on the basis of initial offers received, without discussions; therefore, each initial offer should contain the offerer's best terms from a cost and technical standpoint.

5-3

PROPOSER INVESTIGATION The College will make such investigations as it considers necessary to obtain full information on the Proposers selected for discussions, and each Proposer shall cooperate fully in such investigations.

5-4

FINAL OFFERS AND AWARD OF AGREEMENT Following any discussions with Proposers regarding their technical proposals, alternative approaches, or optional features, a number of the firms may be requested to submit best and final offers. The committee will rank the final Proposers for the project, giving due consideration to the established evaluation criteria. The committee will propose award to the proposal which is found to be most advantageous to the College, based on the factors set forth in the Request for Proposals.

15-124 CMA OCB Renovations

10

SECTION 6 - EVALUATION PROCESS

EVALUATION CRITERIA The College reserves the right to reject any or all proposals, or portions thereof. The College shall make the award to the responsible Proposer whose proposal will be most advantageous to the College, in the College’s sole discretion, with respect to price, conformance to the specifications, quality, and other factors as evaluated by the College. The College shall not in any event be required or constrained to award the Agreement to the Proposer proposing the lowest price. The College may award an Agreement on the basis of initial proposals received, without discussion; therefore, each initial proposal should contain the Proposer's best terms from a cost and technical standpoint. The College reserves the right to evaluate the proposals using any number or form of criteria, including but not limited to, and not necessarily in order of importance, the following evaluation criteria: A. Evidence of Proposer’s previous successful performance and qualifications including the following areas:  Background and history  Financial stability  Bonding capacity  Projects similar in nature to the one specified within this RFP  Projects in higher education market  Projects in local marketplace  Preconstruction services  Management expertise, experience and qualifications of project management staff  Ability to bid  Resources for developing a construction budget  Estimating and job buyout processes  Quality control  Control of contractors  Communications  Project accounting and competitive bidding  Safety Programs  References B. Costs.

15-124 CMA OCB Renovations

11

SECTION 7 - GENERAL CONTRACTUAL TERMS AND CONDITIONS The following terms and conditions shall apply to the Agreement, and in the event of any direct inconsistency, conflict, or ambiguity between the Agreement and the following terms and conditions, the provisions of the Agreement shall take precedence. 7-1

AGREEMENT TERMS AND CONDITIONS The submission of a proposal herein constitutes the agreement of Construction Manager that the form of Agreement shall be comprised of AIA Document AIA A132 - 2009 (Standard Form of Agreement Between Owner and Construction Manager as Advisor) and AIA Document A132 – 2009 (Determination of the Cost of Work). The submission of a proposal shall further constitute the agreement of the Construction Manager that it will not insist on the use of standard contract agreements, documents, forms, or provisions, and that it waives any demand for the use of its standard agreements or provisions.

7-2

LAWS, REGULATIONS AND PERMITS The Construction Manager shall give all notices required by law and comply with all applicable Federal, State, and local laws, ordinances, rules, and regulations relating to the conduct of the work. The Construction Manager shall be liable for all violations of the law in connection with work furnished by the Construction Manager, including the Construction Manager's subcontractors, if any. Failure of the College to insist on the strict performance of the terms, conditions, and agreements herein contained or any of these shall not constitute or be construed as a waiver of relinquishment of the College’s right thereafter to enforce strict compliance with any such terms, agreement or condition, but the same shall continue in full force and effect. The Construction Manager shall be liable for all violations of the law in connection with work furnished by the Construction Manager, including the Construction Manager's subcontractors, if any.

7-3

CONSTRUCTION MANAGER COMMITMENTS, WARRANTIES, AND REPRESENTATIONS A. Any commitment by the Construction Manager within the scope of this Agreement shall be binding upon the Construction Manager. Failure of the Construction Manager to fulfill such a commitment shall render the Construction Manager liable for actual damages incurred by the College by reason of such failure of the Construction Manager. The rights and remedies of the College provided in this clause shall not be exclusive and are in addition to other rights and remedies provided by law or under the terms of this Agreement. For purposes of this Agreement, a commitment by the Construction Manager includes: 1) prices and options committed to remain in force over a specified period of time; 2) any warranty or representation made by the Construction Manager in a proposal as to performance or any other physical, design, or functional characteristics; 3) any warranty or representation made by Construction Manager concerning the characteristics or items in (2) above, contained in any literature, descriptions, drawings or specifications accompanying or referred to in a proposal; 4) any modification of, affirmation, or representation as to the above that is made by Construction Manager in writing or during the course of negotiation, whether or not incorporated into a formal amendment to the proposal, supporting documents or negotiations subsequent thereto as to training to be provided, services to be performed, prices, and options committed to remain in force over a fixed period of time, or any other similar matter, regardless of the fact the duration of such commitment may exceed the duration of this Agreement. B. In addition to any other representations and warranties contained herein, Construction Manager represents and warrants the following: (1) that it is financially solvent, able to pay its debts as they mature, and possessed of sufficient working capital to provide the equipment and goods, complete the services, and perform its obligations required hereunder; (2) that it is authorized to do business in Kansas, properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over it and the equipment, goods, and/or services required hereunder, and has or will obtain all licenses and permits required by law prior to the beginning date of the initial term of the Agreement.

15-124 CMA OCB Renovations

12

7-4

BOARD OF TRUSTEES’ APPROVAL The Agreement may be subject to approval by the College’s Board of Trustees, and if such approval is required but not granted the Agreement shall be void and neither party shall have any further obligations or liabilities hereunder.

7-5

KANSAS ACT AGAINST DISCRIMINATION The following (Sec. 1-5 of K.S.A. 44-1030(a)) are conditions of the Agreement. Only contractors, vendors, or suppliers whose contracts with the College cumulatively total Five Thousand Dollars ($5,000) or less during the fiscal year of the College or who have fewer than four (4) employees shall be exempt from these provisions.

7-6

A.

The Construction Manager shall observe the provisions of the Kansas act against discrimination, as amended, and shall not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, disability, national origin or ancestry;

B.

In all solicitations or advertisements for employees, the Construction Manager shall include the phrase "equal opportunity employer," or a similar phrase to be approved by the Kansas human rights commission;

C.

If the Construction Manager fails to comply with the manner in which the Construction Manager reports to the commission in accordance with the provisions of K.S.A. 44-1031 and amendments thereto, the Construction Manager shall be deemed to have breached the present contract and it may be canceled, terminated or suspended, in whole or in part, by the College;

D.

If the Construction Manager is found guilty of a violation of the Kansas act against discrimination under a decision or order of the commission which has become final, the Construction Manager shall be deemed to have breached the present contract and it may be canceled, terminated or suspended, in whole or in part, by the College; and

E.

The Construction Manager shall include the provisions of K.S.A. 44-1030(a)(1)-(5), as amended, in every subcontract or purchase order so that such provisions will be binding upon such subcontractor or vendor.

EXECUTIVE ORDER 11246 The Construction Manager shall, in the performance of the requirements of any contract, comply with the provisions stipulated in Executive Order 11246.

7-7

APPROPRIATIONS CLAUSE The College’s obligations and liabilities hereunder are subject to the appropriation of funds. If funds are not appropriated for the purpose of this Agreement, the Agreement shall terminate and neither party shall have any further obligations hereunder.

7-8

RISK OF LOSS Until all improvements, equipment, or goods to be provided under this Agreement are installed on property owned or controlled by the College and working properly, or unless the College provides otherwise, the Construction Manager shall bear all risks of all loss or damage to the improvements, equipment, or goods, excluding loss or damage caused by acts, omissions, or negligence of the College. Once all improvements, equipment, or goods to be provided under this Agreement are installed on property owned or controlled by College and working properly, the risk of all loss or damage shall be borne by College, excluding loss or damage caused by acts, omissions, or negligence of the Construction Manager.

15-124 CMA OCB Renovations

13

7-9

INFORMATION TRUE AND CORRECT All documents, agreements and other information provided to the College by Construction Manager or which Construction Manager has caused to be provided to the College are true and correct in all respects and do not omit to state any material fact or condition required to be stated, necessary to make the statement or information not misleading, and there are no other agreements or conditions with respect thereto.

15-124 CMA OCB Renovations

14

State of Kansas Department of Administration DA-146a (Rev. 06-12) CONTRACTUAL PROVISIONS ATTACHMENT Important:

This form contains mandatory contract provisions and must be attached to or incorporated in all copies of any contractual agreement. If it is attached to the vendor/contractor's standard contract form, then that form must be altered to contain the following provision: "The Provisions found in Contractual Provisions Attachment (Form DA-146a, Rev. 06-12), which is attached hereto, are hereby incorporated in this contract and made a part thereof." The parties agree that the following provisions are hereby incorporated into the contract to which it is attached and made a part thereof, said contract being the _____ day of ____________________, 20_____.

1.

Terms Herein Controlling Provisions: It is expressly agreed that the terms of each and every provision in this attachment shall prevail and control over the terms of any other conflicting provision in any other document relating to and a part of the contract in which this attachment is incorporated. Any terms that conflict or could be interpreted to conflict with this attachment are nullified.

2.

Kansas Law and Venue: This contract shall be subject to, governed by, and construed according to the laws of the State of Kansas, and jurisdiction and venue of any suit in connection with this contract shall reside only in courts located in the State of Kansas.

3.

Termination Due To Lack Of Funding Appropriation: If, in the judgment of the Director of Accounts and Reports, Department of Administration, sufficient funds are not appropriated to continue the function performed in this agreement and for the payment of the charges hereunder, State may terminate this agreement at the end of its current fiscal year. State agrees to give written notice of termination to contractor at least 30 days prior to the end of its current fiscal year, and shall give such notice for a greater period prior to the end of such fiscal year as may be provided in this contract, except that such notice shall not be required prior to 90 days before the end of such fiscal year. Contractor shall have the right, at the end of such fiscal year, to take possession of any equipment provided State under the contract. State will pay to the contractor all regular contractual payments incurred through the end of such fiscal year, plus contractual charges incidental to the return of any such equipment. Upon termination of the agreement by State, title to any such equipment shall revert to contractor at the end of the State's current fiscal year. The termination of the contract pursuant to this paragraph shall not cause any penalty to be charged to the agency or the contractor.

4.

Disclaimer Of Liability: No provision of this contract will be given effect that attempts to require the State of Kansas or its agencies to defend, hold harmless, or indemnify any contractor or third party for any acts or omissions. The liability of the State of Kansas is defined under the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.).

5.

Anti-Discrimination Clause: The contractor agrees: (a) to comply with the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.) and the Kansas Age Discrimination in Employment Act (K.S.A. 44-1111 et seq.) and the applicable provisions of the Americans With Disabilities Act (42 U.S.C. 12101 et seq.) (ADA) and to not discriminate against any person because of race, religion, color, sex, disability, national origin or ancestry, or age in the admission or access to, or treatment or employment in, its programs or activities; (b) to include in all solicitations or advertisements for employees, the phrase "equal opportunity employer"; (c) to comply with the reporting requirements set out at K.S.A. 44-1031 and K.S.A. 44-1116; (d) to include those provisions in every subcontract or purchase order so that they are binding upon such subcontractor or vendor; (e) that a failure to comply with the reporting requirements of (c) above or if the contractor is found guilty of any violation of such acts by the Kansas Human Rights Commission, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration; (f) if it is determined that the contractor has violated applicable provisions of ADA, such violation shall constitute a breach of contract and the contract may be cancelled, terminated or suspended, in whole or in part, by the contracting state agency or the Kansas Department of Administration. Contractor agrees to comply with all applicable state and federal anti-discrimination laws. The provisions of this paragraph number 5 (with the exception of those provisions relating to the ADA) are not applicable to a contractor who employs fewer than four employees during the term of such contract or whose contracts with the contracting State agency cumulatively total $5,000 or less during the fiscal year of such agency.

6.

Acceptance Of Contract: This contract shall not be considered accepted, approved or otherwise effective until the statutorily required approvals and certifications have been given.

7.

Arbitration, Damages, Warranties: Notwithstanding any language to the contrary, no interpretation of this contract shall find that the State or its agencies have agreed to binding arbitration, or the payment of damages or penalties. Further, the State of Kansas and its agencies do not agree to pay attorney fees, costs, or late payment charges beyond those available under the Kansas Prompt Payment Act (K.S.A. 75-6403), and no provision will be given effect that attempts to exclude, modify, disclaim or otherwise attempt to limit any damages available to the State of Kansas or its agencies at law, including but not limited to the implied warranties of merchantability and fitness for a particular purpose.

8.

Representative's Authority To Contract: By signing this contract, the representative of the contractor thereby represents that such person is duly authorized by the contractor to execute this contract on behalf of the contractor and that the contractor agrees to be bound by the provisions thereof.

9.

Responsibility For Taxes: The State of Kansas and its agencies shall not be responsible for, nor indemnify a contractor for, any federal, state or local taxes which may be imposed or levied upon the subject matter of this contract.

10. Insurance: The State of Kansas and its agencies shall not be required to purchase any insurance against loss or damage to property or any other subject matter relating to this contract, nor shall this contract require them to establish a "self-insurance" fund to protect against any such loss or damage. Subject to the provisions of the Kansas Tort Claims Act (K.S.A. 75-6101 et seq.), the contractor shall bear the risk of any loss or damage to any property in which the contractor holds title. 11. Information: No provision of this contract shall be construed as limiting the Legislative Division of Post Audit from having access to information pursuant to K.S.A. 46-1101 et seq. 15-124 CMA OCB Renovations

15

12. The Eleventh Amendment: "The Eleventh Amendment is an inherent and incumbent protection with the State of Kansas and need not be reserved, but prudence requires the State to reiterate that nothing related to this contract shall be deemed a waiver of the Eleventh Amendment." 13. Campaign Contributions / Lobbying: Funds provided through a grant award or contract shall not be given or received in exchange for the making of a campaign contribution. No part of the funds provided through this contract shall be used to influence or attempt to influence an officer or employee of any State of Kansas agency or a member of the Legislature regarding any pending legislation or the awarding, extension, continuation, renewal, amendment or modification of any government contract, grant, loan, or co

15-124 CMA OCB Renovations

16

JOHNSON COUNTY COMMUNITY COLLEGE REQUEST FOR PROPOSALS NO. 15-124 EXHIBIT A PROJECT NARRATIVE Johnson County Community College is accepting proposals for Construction Manager as Advisor services to renovate the first floor of the Office and Classroom Building (OCB) on the 235 acre main campus located at 12345 College Boulevard in Overland Park, Kansas. Total project development budget is approximately $1,063,000.00 including construction and all soft costs; consultant fees; pre-construction and construction management fees; and general conditions and expenses. DLR Group, Inc., a Kansas Corporation, is the lead architectural firm of record for the project. Johnson County Community College, DLR Group, Inc. and their consultants, and the selected Construction Manager as Advisor will work together in the preparation of Construction Documents and Specifications as required for the Construction Manager as Advisor to oversee construction of the project within the final approved construction budget and total project development budget. At the appropriate time of fee negotiation, the selected Construction Manager as Advisor finalist(s) may be requested to submit a “best and final” fee submission after becoming more knowledgeable of the project scope, program and design progress. All construction testing services, layout surveys and third party verifications and commissioning will be performed by licensed professionals with no markup to JCCC. Other consultants may be employed by the owner after a mutually agreed upon need, fees, and working relationship with the architect of record and construction manager is determined, such as masonry consultant/peer review, and code consultant. The ‘vision’ for the space, as developed to date, is as follows: The JCCC Collaboration Center (final name is not yet determined) In response to the evolving needs of the 21st century student and to better connect with the greater Johnson County community, we have proposed a modern center for collaboration and engagement. The goal for this new space is to promote collaborative, interdepartmental learning in a technology-rich environment, to support experiential education across the curriculum, and to connect with the greater community promoting an entrepreneurial spirit at JCCC. Dramatically reimagining the vacated OCB first floor, the new JCCC space is proposed as an open, inviting and inspirational facility featuring flexible and comfortable spaces in a high-tech environment. When one reads about current trends in education today, the language of technology and engagement is everywhere evident. Students are challenged in flipped classrooms, accelerated courses, learning with digital media production including online, cloud, video, audio, web, and eportfolios. Students and teachers make use of Open Educational Resources (OER). The new space would support this active learning and focus on team-based projects in partnership with business, internships and practicums with local companies, and faculty mentored experiences. Students would engage with emerging technologies such as makerspaces, robotics, and virtual reality. The center itself will be guided by a director in charge of promoting strong connections between the college and the community as well as between various college departments. The director will be one who understands the entrepreneurial demands of industry, as well as someone who can bring together individuals from the community to engage with faculty and students. The director will be charged with promoting the work of the center—the interdisciplinary, collaborative projects will be solicited from within the college as well as from the community. The space proposed will be reserved for groups of students working together with faculty and industry mentors. This new space will transform the physical campus offering a highly visible, dynamic center where students, faculty, and members of the community will work together encouraging the citizens and industry of tomorrow’s Johnson County.

15-124 CMA OCB Renovations

17

Facility Features To meet student and faculty and community needs, the center will feature • Two classrooms modeled after JCCC’s “learning studios” to be used for alternative scheduling • Two classrooms supporting digital music studio and computer technologies such as animation and gaming, and including a motion capture suite • Wireless and flexible computing environment • Video conferencing facilities • Studios for media production and small group projects • Engaging spaces for public colloquiums and talks by community and industry leaders, • Flexible and comfortable spaces and furniture inviting collaboration • Spaces and technology that could support training by Ed Tech Center • Demonstrated commitment to sustainability and “green” construction and operation principles as possible • Transparency inviting sharing and collective accountability • The center is not a lounge or study hall for private work Possible Projects and Events Collaborative, interdisciplinary projects for the proposed center could include • Start Up projects allowing students to work with Start Up businesses in an internship or practicum relationship, • Student sustainability initiatives, • Film and music projects, • Mobile App creations, • Marketing Campaigns, • Design projects ranging from architectural, mechanical, product or interior, • Problem solving focused on real world processes or procedures (posed by the community, the college, or by students and faculty). Startup competitions will be scheduled (perhaps with support from the foundation). The space will be a point of connection with “start-up” communities in the metro area such as the Start Up Village at 44th and State Line. Frequent presentations by community civic and economic leaders would • Highlight community needs, • Offer students personal connections to community leaders, • Inspire creative solutions to real challenges. Desirable Design Features It is imagined that the walls need to allow for as much transparency as possible. The walls defining OCB 155 and OCB 133 (currently two kitchens) would be removed. All furniture needs to be moveable to allow for multiple configurations. The goal is to allow flexibility and promote collaboration. A popular term today in entrepreneurial discussions is “creative collisions”—the new center space should promote such “collisions.” The William Jewell Library and the KC Sprint Accelerator were spaces that inspired this OCB space proposal. Models to Consider in Designing the Center Space These links are offered as points of departure for reimagining the OCB first floor space. Sprint Accelerator: http://www.sprintaccelerator.com/ William Jewell, Pryor Learning Commons: http://www.youtube.com/watch?v=FPetb4tF_LM DuPont Innovation Centers: http://www.dupont.com/corporate-functions/our-approach/science/innovationcenters/innovation-center-johnston-us.html Zahn Center for innovation, City College New York: http://www.zahncenternyc.com/ Venture Beat: http://venturebeat.com/2015/02/03/fundable-acquires-qa-site-for-entrepreneurs-builds-startup-launchplatform-called-startups-co/ 15-124 CMA OCB Renovations

18

Kansas City Startup Village: http://www.kcstartupvillage.org/

Conclusion: The new strategic plan was developed with specific attention to better serving our students and the community. The current mission, vision, and values statements direct the college to embrace a more responsive and collaborative spirit. The Collaboration Center would support the mission, vision, and values, and strategic goals the college has adopted. The strategic plan starting points are worth rereading as we consider how to repurpose the OCB first floor: Mission: Inspires learning to transform lives and strengthen communities Vision: National leader through educational excellence and innovation Values: • Integrity--we hold ourselves accountable for decisions and actions • Collaboration—we respect diversity of thought in building a culture of collaboration • Responsiveness—we respond to the need of our students and communities through relevant offerings • Leadership—we take seriously our role as leaders in the community and higher education Strategic Goals • Increase student success by improving student satisfaction, retention, persistence, graduation, transfer rates • Demonstrate increased agility in responding to stakeholder needs • Focus on communicating the college’s comprehensive offerings • Commit to efficient use of resources to strengthen quality offerings

15-124 CMA OCB Renovations

19

15-124 CMA OCB Renovations

20

JOHNSON COUNTY COMMUNITY COLLEGE REQUEST FOR PROPOSALS NO. 15-124 ATTACHMENT A PROPOSAL RESPONSE CERTIFICATION

___________________ DATE The undersigned, as Proposer, declares that they have read the Request for Proposals, and that the following proposal is submitted on the basis that the undersigned, the company, and its employees or agents, shall meet, or agree to, all specifications contained therein. It is further acknowledged that addenda numbers _____ to _____ have been received and were examined as part of the RFP document.

Name of Proposer

Tax ID Number

Signature of Proposer

Title

Name of Firm

Street Address

City, State, Zip / Telephone / Fax Number

State of Incorporation

E-mail Address

15-124 CMA OCB Renovations

21

JOHNSON COUNTY COMMUNITY COLLEGE REQUEST FOR PROPOSALS NO. 15-124 ATTACHMENT B NO PROPOSAL RESPONSE FORM

Name of Firm

Name of Individual

Signature

Title

Street Address

Email Address

City, State, Zip

Telephone / Fax Number

/

The undersigned, as and invited Proposer for this RFP, advises the College that it is not submitting a proposal in response to this RFP. Proposer is requested to indicate the reason for not proposing to this RFP. Proposer is unable to work with the timing of this project. The scope of this project is too large. The scope of this project is too small. Proposer does not provide the goods and/or services requested in this RFP. Proposer is unable to meet the requirements of this RFP. Other (please describe)

Business Classification Type (Please check mark if applicable): Minority Business Enterprise (MBE)

Women-Owned Business Enterprise (WBE)

Small Business Enterprise (SBE)

Small Disadvantaged Business Enterprise (DBE)

Disabled Veteran-Owned Business (DVBE)

Veteran-Owned Business Enterprise (VBE)

HUBZone Business Enterprise (HUB)

8a Designation

Business Classification Type is used for tracking purposes, not as criteria for award. Please return this form to:

15-124 CMA OCB Renovations

Johnson County Community College Procurement Services 12345 College Blvd. Overland Park, KS 66210 Fax: (913) 469-4429 Email: [email protected] 22

JOHNSON COUNTY COMMUNITY COLLEGE REQUEST FOR PROPOSALS NO. 15-124 ATTACHMENT C PROPOSAL QUOTATIONS FORM 15-124 CMA OCB Renovations

23

____________ Date The undersigned, as the Proposer, declares that they have read the Request for Proposals and that the following price quotes are submitted on the basis that the undersigned, the company, and its employees or agents, are submitting these price quotes in good faith and in accordance with this RFP. ______________________________ Name of Proposer

______________________________ Name of Firm

______________________________ Signature of Proposer

______________________________ Address

______________________________ Title

______________________________ City, State, Zip

$

Quote of Flat Fee for Preconstruction Services

%

Quote Construction Manager’s Fee for construction phase services and based on all Exhibits and Attachments made as part of this RFP

%

Quote an Estimated Percentage % of total project cost for General Conditions cost elements anticipated for the project.

____________________ Quote an Estimated project schedule in terms of months to completely construct and close out the project. _____ Yes

_____ No

15-124 CMA OCB Renovations

Letter included with Proposer’s response related to acceptance of “Agreement Between Owner and Construction Manager?”

24