Request For Proposal (RFP) Building Construction Management ...
Request For Proposal (RFP)
Building Construction Management
And PPEA Proposal Evaluation Services
February 10, 2006
I. NAME OF SOLICITING PUBLIC BODY
County of Spotsylvania
P.O. Box 215, 8800 Courthouse Road
Spotsylvania, VA 22553
II. PURPOSE AND BACKGROUND
The County of Spotsylvania, Virginia is seeking proposals from qualified
construction management firms to provide construction management services in
support of the construction and renovation of various government facilities. A
favorable outcome to the November 2005 general obligation bond referenda
provides approximately 78 million dollars ($78,000,000.00) required to fund the
new building and renovation projects detailed in this RFP. The objective of the
bond referenda is to undertake a program of capital improvement construction and
renovation projects for a public safety facility, courts, and a vehicle maintenance
A more detailed description of these projects and respective preliminary cost
estimates are contained in Appendix 1. The projects are to be completed over a
five (5) year period or sooner.
In October 2005, Spotsylvania County issued a Request for Proposal (RFP) to
select architects to provide program development and designs for the five bond
referendum building projects. The initial plan was to have the five bond
referendum buildings constructed under a design-bid-build scenario. Interviews
were conducted and the County was and is ready to make recommendations to the
Spotsylvania County Board of Supervisors (BOS) to award contracts.
In January 2006, the BOS directed that an RFP be issued to solicit proposals under
the Public Private Education Act (PPEA) to construct any or all of the five bond
referendum building projects. These proposals are due to the County March 21,
It has not been determined at this time if one, some, all, or none of the five bond
referendum projects will be built under PPEA comprehensive agreement(s) or the
conventional design-bid-build process. The selected construction management
firm must be capable of supporting the bond building projects being constructed
under PPEA comprehensive agreement(s) or conventional design-bid-build or a
combination of the two methods.
The required construction management services may include, but shall not be
limited to: the development and implementation of a construction management
plan for a new Public Safety building, a new Circuit Court building, an addition to
and renovation of the existing Judicial Center, renovation to the existing Sheriff’s
Office, and a new Joint Vehicle Maintenance Facility; evaluation of submitted
PPEA proposals for any or all of the above five projects; value engineering
services; life cycle cost analysis; construction costs estimates; assistance with
bidding phase of construction work; construction administration services; and
other services as may be required. A more detailed list of possible services to be
provided by the successful proposer (Construction Management Contractor) is
contained in RFP Section IV, Building Construction Management Scope of
The purpose of this RFP is to solicit proposals from construction management
firms to support the government facilities bond construction projects and to set
forth the terms and conditions whereby Spotsylvania County shall contract with
the successful Proposer to provide the services described herein.
III. INSTRUCTIONS TO PROPOSERS
A. This procurement shall be conducted in accordance with the competitive
negotiation procedures of the Spotsylvania County Procurement Policy.
B. Six copies of your Proposal shall be submitted to:
Ron Pennington, Purchasing Manager
Spotsylvania County Purchasing Department
P.O. Box 215, 8800 Courthouse Road
Spotsylvania, Virginia 22553
C. Questions related to the requirements of the General Services Department
should be directed to:
Jesse D. Beavon, Jr.
Facilities Construction Manager
Department of General Services
Phone: (540) 582-7055, ext. 244
Fax: (540) 582-6304
Questions related to this RFP and the Contractor selection process should
be directed to:
Spotsylvania County Purchasing Manager
Phone: (540) 582-7055 ext. 230
Fax: (540) 582-6304
Questions may be faxed or emailed to Spotsylvania County. All responses
to inquiries will be in writing and will be provided to all prospective
Proposers who have received an RFP from Spotsylvania County.
Questions from Proposers must be received at Spotsylvania County by
noon on February 28, 2006 in order to ensure that the answers can be sent
and received by all prospective Proposers for their consideration prior to
the date proposals are due.
D. All Proposals must be in a sealed envelope and clearly marked in the lower
left corner: "Sealed Proposal, RFP # 06-08-28, Construction Management
Services.” Proposals not so marked or sealed shall be returned to the
Proposer and will not be considered. Proposals shall clearly indicate the
legal name, address and telephone number of the Proposer (company, firm,
partnership, individual). Proposals shall be signed above the typed or
printed name and title of the individual signing on behalf of the Proposer.
RFP # 06-08-28
All expenses for making Proposals to Spotsylvania County shall be borne
by the Proposer. All Proposals shall be received by 2:00 P.M. on March
8, 2006. Any Proposal received after this time and date will not be
The Proposer has the sole responsibility to have their proposal received by
the Spotsylvania County Purchasing Department at the above address and
by the above stated time and date. Please note that Federal Express and
other overnight delivery services do not guarantee morning delivery to
Spotsylvania, VA. Next day delivery usually arrives in mid-to-late
afternoon. If you will be using one of these services for delivery of your
proposal, please take this information into consideration.
Clearly identified proprietary information will not be disclosed during the
E. The Proposer must submit a proposal that demonstrates and provides
evidence that the Proposer has the capabilities, professional expertise, and
experience to perform the professional services described in this RFP.
F. Proposers are responsible for familiarizing themselves with the conditions
and objectives of the proposed capital improvement construction and
renovation projects. A pre-proposal conference will not be held.
G. As a guideline, Spotsylvania County anticipates the following timetable for
selection of a Contractor:
February 14, 2006 Request For Proposal Issued
February 28, 2006 Deadline for Questions is 12:00 noon
March 8, 2006 Proposals Due Prior to 2:00 p.m.
March 13, 2006 Evaluation of Proposals Completed by
County Source Selection Committee
March 14, 2006 Notify Top Ranked Proposers to be
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March 17, 2006 Interviews with Top Ranked Proposers
March 21, 2006 SSC Deliberations Completed
Note: The contract value is dependent on the scope of work which is dependent on
number and quality of PPEA proposals received. The contract may need to be
approved by the BOS depending on final contract scope of work and contract
H. Selection Process
The selection process shall be governed by and completed in accordance with the
Spotsylvania County Procurement Policy. If any provision of this RFP shall be
found to be inconsistent or in conflict with such policy, the terms of the policy
-Review of Written Proposals
Using the criteria given in items A through H described in the
Proposal Evaluation Criteria in Section VI below and with emphasis
on professional competence, the County Selection Committee shall
review all proposals received to determine those Proposers who are
fully qualified, responsible, and suitable to provide the construction
management services set forth by this RFP.
-Discussions and Interviews
The County Selection Committee then shall hold one or more
discussions and interviews with two or more of the proposers who
have been deemed by the County Selection Committee to be fully
qualified, responsible, and suitable to provide the services set forth
by this RFP. Such discussions and interviews shall gather additional
information, pursue the Proposers’ qualifications, expertise and
experience pertinent to the services described by this RFP. During
the discussions and interviews stage, the Proposers and the County
Selection Committee may pursue alternative concepts and
approaches for the project and non-binding estimates of the total
costs of the services described by this RFP.
RFP # 06-08-28
-Evaluation and Ranking
Using all of the information developed during the proposal review
and discussion and interview stages, the County Selection
Committee shall rank the Proposers according to the evaluation
criteria given below. The County Selection Committee shall then
select in order of preference two or more Proposers whose
professional qualifications are deemed most meritorious.
Negotiations shall then be conducted beginning with the Proposer
ranked first. If a contract satisfactory and advantageous to the
County can be negotiated at a price considered fair and reasonable,
the award shall be made to that Proposer. Otherwise negotiations
with the offer ranked first shall be formally terminated and
negotiations conducted with the Proposer ranked second, and so on
until such a contract can be negotiated at a fair and reasonable price.
IV. BUILDING CONSTRUCTION MANAGEMENT SCOPE OF SERVICES
The selected building construction management firm (Contractor) may provide the
following listed services related to the Spotsylvania County Government Facilities
Construction and Renovation bond projects (sometimes referred to as the “Campus
Master Plan Buildings.”) The construction management firm must be capable of
supporting the five bond project buildings being constructed under PPEA
comprehensive agreement(s), or conventional design-bid-build, or a combination
of the two.
Develop a Master Plan for construction and renovations of the government
facilities approved as part of the 2005 bond referenda. Such plans shall address
the coordination and scheduling of specific prioritized construction projects.
Master Plan shall include recommendations on PPEA construction or design-bid-
build methods to accomplish the building construction work.
B. PPEA Proposals
-Perform evaluations of PPEA Proposals for building construction projects.
-Make recommendations to proceed or not on submitted PPEA proposals.
-Assist the County in developing comprehensive agreement(s) for design-build
construction under the PPEA process.
RFP # 06-08-28
C. Bidding Phase Services
-Distribution of drawings and specifications.
-Respond to questions during bid period.
-Issue all errata and addenda as necessary.
-Assistance in evaluation of construction bids.
-Make recommendations to award contracts
-Assistance with issuing the contract documents, and development of contracts.
D. Contract Administration of Construction Projects
-Monitor construction to verify if on schedule
-On-site construction inspection
-Monitor construction for compliance with plans and specifications.
-Evaluate requests for equipment and materials substitutions.
-Review shop drawings and submittals.
-Review and/or issue change orders on behalf of the County.
-Review certification of construction contractor pay requests.
-Contract Administration and Close-out
-Construction Dispute Resolution
-Conduct construction progress meetings
E. Other Construction Management Services
-Construction Master Plan scheduling, coordination, monitoring, reporting
-Building project management
-Provide construction cost estimating and construction budgets for each project
-Building life cycle cost analysis
-CPM Scheduling /Analysis
-General consulting as required.
-Other services as required.
V. PROPOSAL REQUIREMENTS
All Proposers submitting a proposal must include a statement of the qualifications
of the professional construction management professionals who would actually be
RFP # 06-08-28
professional services for the County of Spotsylvania. A copy of the individuals’
license or professional certification shall be included along with a résumé.
Separate statements of qualifications must also be included for other contributing
staff or professionals who may participate in the services described in this RFP.
Each Proposer submitting a proposal shall include a statement that they are willing
and able to provide the services necessary to provide the professional construction
management services within the five year time frame which the County requires.
The written proposal, which should be as CONCISE as possible, should
address items A through H of the criteria described in the Proposal
Evaluation Criteria set forth in Section VI.
At least four references shall be included for which the proposing firm has
provided construction management services similar in scope to the bond
referenda construction/renovation projects described in this RFP.
VI. PROPOSAL EVALUATION CRITERIA
Evaluation criteria shall include the following factors that shall be considered in a
descending order of importance:
A. Experience of the Proposer in providing the specified construction
management services for other local governments and/or other customers.
B. Understanding of the purpose and functions of the proposed facilities, and
of the construction manager’s role and contribution to the development and
creation of essential public works infrastructure projects.
C. Qualifications of the Proposer’s project manager and project teams and
overall qualifications and experience of the Proposer and any
subcontractors to be used.
D. Quality of the content of the Proposer’s proposal and the Proposer’s
responsiveness to the request of the proposal.
E. The sufficiency of financial resources and ability of the Proposer to perform
the contract or provide the services for the duration of any resulting
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F. The location of the Proposer’s office that will have the responsibility for
providing the services and the ability of the Proposer to respond quickly to
requests and requirements of the County.
G. Non-binding, good faith estimates of time and costs for providing the
construction management services; where such estimates may be subject of
discussion between the County and the Proposer during the discussion
The County of Spotsylvania reserves the right to negotiate and contract with any
firm suited to provide the services required for these projects, and the County may
engage one or more firms for this work.
VII. TERMS AND CONDITIONS
A. RFP Proposal and Clarification
Spotsylvania County reserves the right to request clarification of
information submitted and to request additional information of one or more
Proposers. Each Proposer shall examine the RFP documents and shall
judge all matters relating to the adequacy and accuracy of such documents.
Any inquiries, suggestions or requests concerning interpretation,
clarification or additional information pertaining to the RFP shall be made
in writing to Spotsylvania County’s Purchasing Manager. Spotsylvania
County shall not be responsible for oral interpretations given by any
employee, representative, or others. The issuance of a written addendum
signed by Spotsylvania County's Purchasing Manager is the only official
method whereby interpretation, clarification, or additional information can
be given. Spotsylvania County will provide by mail to all Official RFP
holders any addenda that are issued to this RFP. Official RFP holders are
those who obtain an RFP from the Spotsylvania County Purchasing
B. Proposal Withdrawal
Any proposal may be withdrawn up until the time set above for the opening
of the proposal. Any proposals not so withdrawn shall constitute an
irrevocable offer for a period of 90 days to provide to Spotsylvania County
the services set forth in this RFP.
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C. Contract Award
Spotsylvania County reserves the right to accept or reject any or all
proposals, to waive irregularities and technicalities, and to request
resubmission or additional information. Spotsylvania County reserves the
right to award the contract to the most responsible and responsive Proposer,
resulting in a negotiated agreement, which is most advantageous to and in
the best interest of Spotsylvania County. Spotsylvania County shall be the
sole judge of the proposal and the resulting negotiated agreement that is in
its best interests, and Spotsylvania County’s decision shall be final.
D. Contract Documents
The contract entered into by Spotsylvania County and the Contractor shall
consist of this RFP, any addendum issued, the submitted proposal by the
Contractor, Spotsylvania County’s Standard Form Agreement, and any
approved change orders issued, all of which shall be referred to collectively
as the Contract Documents.
E. Termination for Convenience
Spotsylvania County shall have the right to terminate at Spotsylvania
County’s convenience, with or without cause, any contract resulting from
this RFP by specifying the date of termination in a written notice. In this
event, the Contractor shall be entitled to just and equitable compensation
for any satisfactory work completed. All work produced shall become the
property of Spotsylvania County.
F. Assignment of Interest
The Contractor shall not assign any interest in the resulting contract and
shall not transfer any interest in the same without prior written consent of
Spotsylvania County, of which Spotsylvania County shall be under no
obligation to grant.
G. Release of Data
No reports, information or data given to or prepared by the Contractor
under the resulting contract shall be made available to any individual or
organization by the Contractor without the prior written approval of
Spotsylvania County, which approval Spotsylvania County shall be under
no obligation to grant.
RFP # 06-08-28
H. Gender Reference
Words of any gender used in any contract resulting from this RFP shall be
held and construed to include any other gender, and words in the singular
number shall be held to include the plural, and vise versa, unless the
context otherwise requires.
I. Binding Effect
The terms, provisions, covenants and conditions contained in any resulting
contract shall apply to, insure to the benefit of, and be binding upon the
parties hereto and upon their respective heirs, legal representatives,
successors, and permitted assigns except as otherwise expressly provided.
J. Governing Law
The laws of the Commonwealth of Virginia shall govern any contract
resulting from this RFP.
During the performance of any contract resulting from this RFP, the
1. Not to discriminate against any employee or applicant for
employment because of race, religion, color, sex or national origin,
except where religion, sex or national origin is a bona fide
occupational qualification reasonably necessary to the normal
operation of the Contractor. The Contractor shall post in
conspicuous places, available to employees and applicants for
employment, notices setting forth the provisions of this
2. That in all solicitations or advertisements for employees placed by or
on behalf of the Contractor to state that the Contractor is an equal
3. That notices, advertisements and solicitations placed in accordance
with federal law, rule or regulation shall be deemed sufficient for the
purpose of meeting the requirements of this Section VIII, Subsection
The Contractor shall include the provisions of the foregoing paragraphs 1,2,
and 3 in every purchase order for vendor(s) associated with Spotsylvania
During the performance of any contract resulting from this RFP, the
Contractor shall have and keep current insurance whichever is greater in
scope or amount as follows:
1. Worker's Compensation Insurance in compliance with all states in
which Contractor does business, including coverage B Employer's
liabilities in not less than the following amounts:
i. Bodily Injury by accident $100,000 for each accident;
ii. Bodily Injury by disease, $500,000 policy limit;
iii. Bodily Injury by disease, $100,000 for each employee.
2. Public Liability insurance in amount not less than $1,000,000 for
any occurrence involving bodily injury, and not less than $1,000,000
for any occurrence involving property damage. This coverage shall
include contractual liability, broad form property damage,
independent contractors, and personal injury.
3. Automobile liability insurance in an amount not less than $500,000
combined single limit bodily injury and property damage. This
coverage shall include liability for the use of hired and non-owned
The insurance specified herein shall name Spotsylvania County as
additional insured with regard to work performed under any subsequent
contract. The policy(ies) shall provide that Spotsylvania County is to
receive written notice by certified mail, sixty (60) days in advance of
cancellation or alteration of the policy(ies). Contractor shall provide
Spotsylvania County with copies of certificates of insurance coverage and
proof of payment of all premiums.
M. Ethics in Public Contracting
Contractor hereby certifies that it has familiarized itself with Article 4 of
Title 11 of the Virginia Public Procurement Act, Section 11-72 through 80,
Virginia Code Annotated, and that all amounts received by it, pursuant to
this procurement, are proper and in accordance therewith.
N. Partial Invalidity
Neither any payment for, nor acceptance of, the whole or any part of the
services by Spotsylvania County, nor any extension of time, shall operate
as a waiver of any provision of any contract resulting from this RFP, nor of
any power herein reserved to Spotsylvania County, or any right to damages
herein provided, nor shall any waiver of any breach of any contract be held
to be a waiver of any other or subsequent breach. Failure of Spotsylvania
County to require compliance with any term or condition of any contract
shall neither be deemed a waiver of such term or condition nor a waiver of
the subsequent enforcement thereof.
O. Release and Ownership of Information
Spotsylvania County shall make a good faith effort to identify and make
available to the Contractor all non-confidential technical and administrative
data in Spotsylvania County’s possession which Spotsylvania County may
lawfully release including, but not limited to contract specifications,
drawings, correspondence, and other information specified and required by
the Contractor and relating to its work under this contract. Spotsylvania
County reserves its rights of ownership to all material given to the
Contractor by Spotsylvania County and to all background information,
documents, and computer software and documentation developed by the
Contractor in performing any contract resulting from this RFP.
The Contractor shall indemnify and hold harmless Spotsylvania County
against all claims, damages, losses and expenses, including but not limited
to attorney's fees, arising out of or resulting from the performance of the
work described herein, provided that any such claims, damages, losses or
expenses (1) are attributable to bodily injury, sickness, disease or death, or
to injury to or destruction of tangible property, including the loss of use
resulting therefrom, and (2) are caused in whole or in part by any negligent
acts or omissions of the Contractor, any Subcontractor, or anyone directly
or indirectly employed by any of them, regardless of whether or not it is
caused in part by a party indemnified hereunder. This indemnification
clause shall apply to the fullest extent permitted by law.
Q. Subcontractors and Assignments
The Contractor shall not sublet or assign this contract or any portion thereof
without the prior written consent of Spotsylvania County. In seeking
consent for any subcontract or assignment, the Contractor shall furnish all
information required by Spotsylvania County to permit Spotsylvania
County to ascertain the qualifications of the proposed Subcontractor to
perform the work, and the Contractor shall submit a copy of the subcontract
to Spotsylvania County for approval. The subcontract shall incorporate by
reference all provisions and conditions of the contract resulting from this
Spotsylvania County’s approval of a Subcontractor shall not relieve the
Contractor of any of its responsibilities, duties or liabilities hereunder. The
Contractor shall continue to be responsible to Spotsylvania County for
performance of the Subcontractor and the Subcontractor, for all purposes,
shall be deemed to be an agent or employee of the Contractor. Nothing in
the contract resulting from this RFP or any subcontract shall create any
contractual relationship between any Subcontractor and Spotsylvania
R. Examination of Records
The Contractor agrees that Spotsylvania County or any duly authorized
representative shall, until the expiration of three (3) years after final
payment hereunder, have access to and the right to examine any and copy
any directly pertinent books, documents, papers and records of the
Contractor involving transactions related to any Contract resulting from this
RFP. The period of access provided in this paragraph for records, books,
documents, and papers and software which may be related to any
arbitration, litigation, or the settlement of claims arising out of the
performance of any subsequent contract or any subsequent Contracts with
vendors shall continue until disposition of any appeals, arbitration,
litigation, or claims.
S. Hold Harmless
The Contractor, in any Contract resulting from this RFP, shall pay all
royalties and license fees necessary for performance of the Contract. The
Contractor shall defend all suits or claims for infringement of any patent
rights or any other proprietary rights arising from or related to performance
of the resulting Contract and shall save Spotsylvania County harmless from
any and all loss, including reasonable attorneys' fees, on account thereof.
T. Attorney's Fees
In the event of any action brought by either party against the other to
enforce any of the obligations hereunder or arising out of any dispute
concerning the terms and conditions hereby created, the losing party shall
pay the prevailing party such reasonable amounts for fees, costs and
expenses as may be set by the court.
U. Utilization of Information
As may be allowed by law, any information, ideas, or concepts that
Spotsylvania County receives during the procurement process from any
Proposer’s written proposal, any discussion or interview with the Proposer
or as a result of any portion of the procurement process for the services
described in this RFP shall become the property of Spotsylvania County.
Spotsylvania County may use this information for any purpose without
compensation to the Proposer from whom the information was received.
Ron Pennington Date
Spotsylvania County Purchasing Manager
I. New Public Safety Building
The facility will house the Sheriff’s Office, the E-911 Center, and
Fire/Rescue Administration. The facility is estimated to be 58,000 sf and
will be located west of the Marshall Center. Estimated cost is
II. New Circuit Court Building
The facility will house the Circuit Court and the Clerk of the Circuit Court.
The facility is estimated to be 60,000 sf and will have three finished
courtrooms and one unfinished courtroom (for future needs). The building
will be located south west of the Judicial Center and will include a
freestanding 204 space parking deck and surface parking. Estimated cost is
III. Existing Judicial Center Addition and Renovation
The facilities will house the General District Court, the Clerk of the
General District Court, the Juvenile and Domestic Relations (J&DR) Court,
the Clerk of the J&DR Court, and the Commonwealth’s Attorney. The
addition is estimated to be 33,000 sf with an additional 23,000 sf of existing
building to be renovated. The completed center will have seven finished
courtrooms. The estimated cost of the addition is $10,257,000.00 and that
of the renovations $3,475,000.00.
IV. Existing Sheriff’s Space Renovation
The renovated facility will house the Court Services unit (Juvenile
Probation). 12,000 sf are to be renovated at an estimated cost of
V. Joint Vehicle Maintenance Facility
The facility will house the fleet maintenance staffs currently operating out
of two locations – the Utilities Department garage, the School Board bus
garage, and the Fire, Rescue and Emergency Services (FRES) staff
currently working on location. The facility is estimated to be 49,550 sf and
currently planned to be sited on School Board property in the vicinity of the
Thornburg Middle School. The estimated cost is $16,937,243.00.