Construction Manager Contract Procurement
Description:
In addition to the professional Service providers, the Construction Manager (CM) is responsible for scheduling, cost estimating, systems value engineering, analyzing systems life cycle cost, providing design-build and / or design-assist elements of the contract, and reviewing coordination and constructibility issues during the design phases as part of the Preconstruction Services.
Early involvement of the Construction Manager (CM) as an integral part of the CMAR team is a key to the CMAR method. The campus should initiate the contracts for the Architect and the CM within weeks of each other, but the CM should be on board before 50% Schematic Design, as a major portion of the CM’s participation and benefit is realized in the Schematic Design.
Selection of a Construction Manager (CM) is a two-step process, Request for Qualifications (RFQ) and Request for Proposals (RFP). In the first step, the University issues an RFQ, to which respondents submit Statements of Qualifications (SOQ) to the University. The University scores and ranks the SOQ, resulting in a short list of Proposers, whom the University notifies. The University then proceeds to the second step and issues a Request for Proposals (RFP) to the short list of Proposers.
Construction Manager, Project Advertisement
Description:
Campuses must advertise all projects in the California State Contracts Register (using Dept. of General Services website, Cal eProcure) and run two weeks, but a longer period may be designated. It is recommended that the publication of the first ad coincide with the date that documents are available to bidders, the 2nd ad would follow one week later.
the campus must also advertise the project in one of the following two ways:
- The campus to use newspaper advertising, advertising once a week for two consecutive weeks in a trade newspaper of general circulation, one published in Los Angeles, and one in San Francisco, and in one newspaper of general circulation published in the county for the campus on which the project is bidding);
OR
- the campus may advertise online through the PlanetBids Public Solicitation Portal.
References:
Relevant websites:
CA State Contracts Register, Cal eProcure
PlanetBids Public Solicitation Portal
Request for Qualification
Description:
CSU advertises the CMAR project through a Request for Qualifications (RFQ) process. The Trustees shall advertise the project in the normal public works manner and identify that the potential proposers must contact the University for an RFQ package.
All respondents to the Request for Qualifications must have prequalified with the Trustees' Prequalification Coordinator, and submit a copy of their prequalification letter to the campus office receiving the Statement of Qualification (SOQ) packages.
The potential proposers must submit in accordance with the RFQ requirements, and a qualification committee shall review the SOQ packages and select the best four or five responses.
The successful proposers (and the unsuccessful) are notified, and Request for Proposal (RFP) packages are issued to the successful proposers. The advertisement must be included in the RFQ.
Actions:
References:
Relevant Websites:
CA State Contracts Resigter, Cal eProcure
PlanetBids Public Solicitation Portal
Request for Proposal
Description:
Once the Trustees publishes the list of finalists or shortlist of proposers, the Trustees shall issue a Request for Proposal (RFP) to each of the finalists with the bid/fee proposal package.
In the RFP, the finalists are requested to submit a fees on two levels:
- To perform Preconstruction, prebid and bid services, including agreeing to a guaranteed maximum price (GMP) for all construction work (Phase I), and
- To contract for construction management services at risk with a GMP (phase II).
The finalists will submit a fee and a technical proposals based on the RFP after site visit and Pre-proposal conference if one is required by the Trustees. An evaluation team will analyze each technical proposal to ensure that the Trustees’ needs will be met. Once evaluations are completed.
- The Fee Proposal including the name of the proposer and
- The Technical Proposal including the name of the proposer.
The purpose of the evaluation process is to establish, through the application of uniform criteria, the quality of the project contained in each proposal.
The Evaluation Board will conduct interviews with each proposer and evaluate each proposal. This committee will evaluate the Technical Proposals according to the criteria set forth, and assign quality points according to the maximum for each category.
The Quality Point Value determined by the technical evaluation board committee is final, and no appeal of its decision will be considered.
Separately, The final tabulation of the proposals on the abstract of proposals will be prepared and published.
References:
- SUAM Sections XII; 9740-9745; Prequalification
- SUAM section 9746; Bid Proposal Package
- SUAM section 9747, Addenda during Bidding
- CM Procedures Manual: sections 7-Prequalification, and 8-Bid & RFP Packages
- PCC section 4104.5 (Late addendum with material changes)
- PCC section 10760 (PQ required of bidders when estimated contract cost exceeds value of a minor cap project, demonstrate experience in performing public works);
- PCC section 10761 (Trustees shall adopt a uniform system of rating bidders, on the basis of standard questionnaires and financial statements, in respect to the size of the contract upon which each bidder is prequalified to bid.)
- PCC section 10764 (bidders must be prequalified to receive a bid proposal package);
- Labor Code section 1725.5 (contractor must register with DIR prior to bidding public works contracts.)
Relevant Websites:
CA State Contracts Resigter, Cal eProcure
PlanetBids Public Solicitation Portal
Selection and Award
Description:
The Trustees will announce the final Quality Point Value assigned to each proposal at the subsequent public Cost Proposal opening. The Trustees will only announce the total figure, and will not present detailed analysis of the points assigned each item of the Technical Evaluation Criteria. The Trustees will match the Quality Point Value assigned each proposal with the appropriate cost proposal package and then the cost proposals will be opened.
At the Cost Proposal opening the following equation will be used to determine the apparent finalist for the phase I, preconstruction services:
Total Technical Points + Total Fee Score Points
The highest scoring proposer is thus determined and the apparent finalist announced.
Upon completion of the opening and announcement of the apparent finalist, the Technical Proposal and other documents submitted by the apparent finalist, will be available for review by all interested participants by appointment only. Detailed analysis and Technical Proposals for all other participants will be retained by the University.
CSU Contract/Construction Administrator shall issue the Notice of Intent to Award Bid Letter (award Letter).
When Contractor returns all counterparts of the contract docs, Construction Administrator shall review as follows:
- all counterparts are signed by the Contractor and that the Contractor supplied the license and tax ID number, which is also on the STD 204 form to be returned with the contract;
- that the certification form is appropriately filled out with the contractor indicating its business type and attaches requisite documentation authorizing signer to sign the contract;
- ensure insurance coverage is correct;
- ensure bonds are completely and correctly executed for each of the contract counterparts, and that sureties are admitted sureties in California (go to www.insurance.ca.gov, select company profiles, and search and print out a company profile for the surety), and
- check that insurers AM Best rating is no less than A:VII, by accessing AM Best's website (www.ambest.com) and search/print out a copy of Best's Rating.
Once Construction Administrator is satisfied that all contract documents are in order, s/he then routes them internally for all appropriate signatures, including Accounting, and then forwards the agreement package (Contract Documents and Agreement Certification form) to Office of General Counsel for signature. Counsel may also wish to review the contract specifications.
References:
- SUAM Sections XII; 9740-9745, Prequalification
- SUAM section XII; 9746, Bid Proposal Package
- SUAM section XII; 9747, Addenda during Bidding
- CM Procedures Manual: sections 7-Prequalification, and 8-Bid & RFP Packages
- PCC section 4104.5 (Late addendum with material changes)
- PCC section 10760 (PQ required of bidders when estimated contract cost exceeds value of a minor cap project, demonstrate experience in performing public works);
- PCC section 10761 (Trustees shall adopt a uniform system of rating bidders, on the basis of standard questionnaires and financial statements, in respect to the size of the contract upon which each bidder is prequalified to bid.)
- PCC section 10764 (bidders must be prequalified to receive a bid proposal package);
- Labor Code section 1725.5 (contractor must register with DIR prior to bidding public works contracts.)
Relevant Websites:
CA State Contracts Resigter, Cal eProcure
PlanetBids Public Solicitation Portal