CITY OF TUCSON - Amazon S3
NOTICE OF REQUEST FOR STATEMENTS OF QUALIFICATIONS FROM DESIGN-BUILD TEAMS
NO. 06-PS-XX
Finance-Design-Construction-Property Management Services
For
New Mohave County Correctional Facility
Notice is hereby given that the County of Mohave, hereinafter referred to as "COUNTY", is soliciting Statements of Qualifications from qualified Development Teams to utilize the design-build project delivery method for the development-finance-design-construction-property management of a modern correctional facility.
The County invites interested firms to submit written Statements of Qualifications relating to this project. A Selection Committee of five (5) individuals will evaluate and score Offeror's qualifications and experience with similar projects. The County will select three (3) Offerors from those submitting Statements of Qualifications for further consideration. Final contract award will be determined through a selection process that considers both a technical proposal and a financial proposal. The project shall utilize a negotiated Guaranteed Maximum Price (GMP). The County's total estimated project cost range for design and construction is forty-eight million dollars ($48,000,000.00) to sixty-five million dollars ($65,000,000.00), of which alternative financing will play a significant role.
A complete copy of this RFQ may be obtained from our website at: co.mohave.az.us/depts/purch/purch_rfp.asp. Internet access is available at all public libraries. Any interested offerors without internet access may obtain a copy of this solicitation by calling (928) 753-0752, or a copy may be picked up during regular business hours at the Procurement Department, 700 W. Beale Street, 1st Floor East, Kingman, AZ, 86401. Respondents are invited to review the information and to submit their Statements of Qualifications in accordance with the criteria established within this RFQ. Written questions regarding this RFQ must be received by the Procurement Department no later than XXXXX, 2006. Questions may then be responded to by written amendment to this document. Oral statements or instructions shall not constitute an amendment to the RFQ.
All submittals must be received by the due date and time assigned at the submittal location specified herein. Any response received at the specified submittal location after the due date and time assigned will be returned unopened. The County reserves the right to reject any or all submittals, or to withhold the award for any reason it may determine, and to waive or not to waive any informalities in any submittal. All information regarding the content of the specific submittals will remain confidential until a contract is finalized or all proposals are rejected.
SUBMITTAL DUE DATE: DATE, 2006 AT 2:00 P.M. LOCAL AZ TIME
SUBMITTAL LOCATION: Department of Procurement
700 W. Beale Street, 1st Floor East
Kingman, AZ 86401
PRE-SUBMITTAL CONFERENCE DATE: DATE, 2006
TIME: 00:00 A.M. LOCAL AZ TIME
LOCATION: XXXXX
QUESTIONS SHALL BE DIRECTED TO: TRAVIS J. LINGENFELTER, C.P.M., A.P.P.
PROCUREMENT MANAGER
Department of Procurement
700 W. Beale Street, 1st Floor East
Kingman, AZ 86401
XXXXX & XXXXX, 2006
Publish Dates
SCOPE OF SERVICES
Introduction & GENERAL PROJECT INFORMATION
In June 2005, the County of Mohave Procurement Department issued Request for Proposals No. 05-P-06, Needs Assessment and Pre-Design Services for a New Correctional Facility. Through a competitive selection process that involved a short list and a final interview of firms, RNL Design, in association with Chinn Planning, Inc. and Craig Boersema, was selected to provide the services requested.
Based on the study’s projections of future capacity requirements, and operational and facility assessments, a new correctional facility has been recommended for Mohave County. In summary, the new facility program and staffing plan assume an initial capacity of eight hundred forty-eight (848) inmates, which includes all custody levels in a single, consolidated facility. This facility must be expandable to accommodate a projected average daily jail population of one thousand one hundred seven (1,107) beds by 2025. Total gross square footage space requirements are estimated to be two hundred sixty-six thousand fifty-six (266,056) GSF.
As the main deliverable under the needs assessment study, a final report was produced and presented to the Mohave County Board of Supervisors in May, 2006. A copy of the Final Report completed by RNL Design, Inc., will be distributed to the three (3) top-rated firms that are short-listed as a result of this RFQ. At the time the report was presented in May, 2006, the Board of Supervisors adopted the needs assessment final report for a new correctional facility and further instructed the Department of Procurement to conduct those procurement activities necessary to move forward with the financing, design, and construction of a new correctional facility on ‘SITE E’ as specified in the Final Repot by RNL Design, Inc. (a.k.a., “the hillside site”).
The County of Mohave seeks to create a public/private partnership by participation in a transaction that makes economic sense to both parties. The overall objective of the competitive selection process will be to obtain the services of a qualified Development Team to develop, finance, design and construct a modern, state-of-the art correctional facility, which will be leased back to the County of Mohave. The objective of this Request for Qualifications will be to short-list the top three (3) most qualified Offerors to proceed to the next phase of the competitive selection process.
The successful Development Team will be required to finance, design and construct a new state-of-the-art correctional facility on an approximately eight hundred thirty-eight thousand seven hundred twenty (838,720) SF site, referred to as ‘SITE E’ in the Final Report (a.k.a., “the “hillside site”). Complete performance specifications for the desired uses to be included in this new facility shall be provided to the short-listed firms during step two of the selection process.
The successful Development Team will also be required to represent the County at various forums. These forums may include meetings with the Mohave County Board of Supervisors and other regional stakeholders. All public relations activities for this project will be coordinated through the County's designated Project Manager and the County’s Public Information Officer.
OBJECTIVE & PURPOSE
The project objectives are:
1) Finance, design, build and otherwise develop as required a modern, state-of-the-art correctional facility with an initial capacity of 848 inmates at opening with growth potential to a capacity of 1,107 inmates in 2025.
2) Develop the necessary infrastructure to allow for this development including utility extensions from existing infrastructure as well as the necessary access and circulation roads.
3) Construct a facility that is safe for the community, secure, durable, maintainable, efficient, environmentally responsible and satisfies to the greatest extent the program requirements.
4) Develop the entire project at a fair and reasonable cost to the County of Mohave and in a reasonable time frame.
PROJECT DESCRIPTION
The successful Development Team will be responsible for directing all financing, design, permitting and construction activities required for the project. The specific components of this project include the buildings and immediate site work including parking areas and other features necessary for the operation of a state-of-the-art correctional facility, and; the infrastructure extensions including; power, telephone, water, sewer, access/circulation roads and their associated components from existing points of development to the proposed site as may be required by design and permit conditions.
THE BUILDING.
This correctional facility is intended to immediately house eight hundred forty-eight (848) inmates and is to be expandable to one thousand one hundred seven (1,107) inmates by the Year 2025. The facility shall incorporate secure management, acute medical, dental, dining, kitchen, visiting, booking and related functions, pod-style living units for various correctional populations, educational, recreational, HVAC and associated facility maintenance equipment. Along with the building is all of the associated site development work including but not limited to grading, drainage features, access/circulation roads, parking lots, walkways, landscaping, site lighting, and perimeter security systems.
THE INFRASTRUCTURE EXTENSIONS.
Power: The Development Team will work with the local power company to develop electrical service to the site to a point at which it is to be metered and connected to the facility electrical system. This work includes the entire physical improvements to get appropriate power to the site from the existing locations and all power distribution at the site up to the point of connection to the main service entrance. From this point on the power should be distributed from the building distribution system.
Telephone/Communications: The Development Team will work with the local communications company and the Mohave County Information Technology Department to determine the facility telephone and communications requirements. This work includes the entire physical improvements necessary to extend or improve existing telephone and communications infrastructure to the site and to a point from which it can be distributed throughout the facility as required.
Water: The Development Team will work with the local water company to determine the facility’s water requirements. The Development Team will assure the system designed will ensure that water will be supplied at adequate pressure during all flow conditions, and also as required to ensure adequate fire protection to meet or exceed all applicable Codes. This work includes the entire physical improvements necessary to extend or improve existing water system to the site and to a point from which it can be distributed throughout the facility as required.
Sewer: The Development Team will work with the local utility company to determine the facility sewer requirements. This work includes the entire physical improvements necessary to extend or improve existing infrastructure to the site as required.
ANTICIPATED DEVELOPMENT TEAM
The Development Team must be composed of experienced and highly regarded professionals who have demonstrated ability to produce superior facilities on a cost effective basis. The County seeks a Development Team, under a single, responsible lead entity for the entire scope of work.
The Development Team as submitted must include, at a minimum, the following:
• Developer
• Financier
• Architect
• General Contractor
• Legal Representative
Other team members may be identified in the submittal for approval or in the RFP by short-listed teams at a later date. All team members shall be considered subcontractors to the lead firm.
The overall responsibilities of the Development Team will include:
• Overall responsibility for Project performance including schedule and budget.
• Financial responsibility and capability to accomplish the proposed project.
• Coordination of all team members and government representatives
• Financial risk and legal responsibility.
• Long-term property management.
The responsibilities of the Financier will include:
• Development of the financial plan and acquisition of the necessary capital for the implementation of the project.
The responsibilities of the Architect will include:
• Program assimilation, review, validation, and workshops.
• Schematic design (preliminary and final).
• Design development (preliminary and final).
• Preparation of cost estimates.
• Construction drawings (pre-final and final).
• Review of shop drawings.
• General Contractor invoice approval and construction supervision.
• Quality assurance, quality control, and inspections.
• Change order approval.
The responsibilities of the General Contractor will include:
• Preparation of cost estimates.
• Value engineering and constructability reviews during the design phase.
• Subcontractor pre-qualifications, bidding and contract award.
• Efficient subcontractor coordination.
• Guaranteed Maximum Pricing (GMP).
• Provision of performance and payment bonds.
• Obtaining all necessary permits.
• Schedule of vales and prices.
• Critical path scheduling (CPM or other network-type schedule).
• Shop drawing preparation and review.
• Invoice approval.
• Construction quality control and assurance.
• Overseeing overall job-site safety.
The responsibilities of the Legal Representative will include:
• Review of documentation governing the transaction. Individual(s) should demonstrate their expertise in public/private development projects and design-build methods of project delivery. They should also have demonstrated experience in legal matters pertaining to leasing and long-term property management.
SELECTION PROCEEDURE UTILIZED
Selection of a top-rated Development Team will follow a two-step process. The initial process will be the submittal of competitive Statements of Qualifications which present, in general terms, a team’s qualifications, understanding and approach to the project, and the resources available to perform such work. Specific directions for preparing a qualifications submittal are found in this Request for Qualifications, Instructions to Offerors section.
STEP ONE – STATEMENTS OF QUALIFICATIONS REVIEW & SHORT-LISTING PROCESS
Statements of Qualifications will be forwarded to a Selection Committee of five (5) individuals. The committee will then evaluate the Statements of Qualifications and rate them in accordance with the published evaluation criteria contained herein. The County intends to “short-list” three (3) teams from among those submitting a Statement of Qualifications for further consideration.
STEP TWO – SUBMITTAL OF TECHNICAL & PRICE PROPOSALS
As Step Two of the selection process, the three (3) short-listed teams shall be issued a Request for Proposals, and will be directed to prepare both a Technical Proposal and a Financial Proposal. The Technical Proposal will address the alternative financing, design and construction of the project. The Financial Proposal will contain all required executed documents; including applicable certifications, affidavits, surety bond, etc.
Short-listed teams will be required to prepare and submit both a technical and a price proposal, to be submitted together in two (2) separate, sealed envelopes. Teams will also be required to attend a Mandatory Pre-Proposal Meeting, scheduled for the purpose of addressing and bringing clarity to the remainder of the selection process. During the Pre-Proposal Conference, the project scope, administrative procedures, and any other concerns can be addressed. Advance written notice of the date, time, and location of the Mandatory Pre-Proposal Meeting shall be given to all short-listed teams as soon as practicable after the County completes the short-listing process. The County may schedule other meetings with the three short-listed teams during the development of proposals if the County believes that circumstances warrant. Notice of such meetings will be given to all teams remaining in the competitive selection process.
PRIVATIZED LEASE-TO-OWN (PLTO) AND OTHER ALTERNATIVE FINANCING SOLUTIONS
Short-listed teams shall be requested by Mohave County to provide a variety of alternative financing options available to the County to either fully or partially finance the completed project as described.
One option shall be a Privatized Lease-to-Own (PLTO) proposal that would provide adequate funding to encompass the planning, design, construction, equipping and maintenance of the facility and necessary site improvements. The term of the PLTO agreement shall not exceed fifteen (15) years from the date of occupancy with the first lease payment to commence on the first day of the month following Mohave County’s occupancy of the facility. Lease payments on the new correctional facility will be made annually. The financial terms of the facility lease will be structured so as to retire the Project’s financing such that the County will acquire ownership at the conclusion of the lease term.
The new correctional facility and associated site improvements will be constructed on undeveloped County property directly adjacent to the current Mohave County Administration Building. The County land will be leased to the Development Team on a long-term basis not to exceed fifteen (15) years to coincide with the term of the correctional facility lease. At the end of the term or if a purchase option is executed, the land lease will terminate and ownership of all structures will transfer to the County of Mohave.
Additional alternative financing solutions are highly encouraged and will be given equal consideration. Accordingly, Mohave County reserves the right to reject the successful Offeror’s financing of this project, request any additional information it so desires, or seek alternatives to the proposed financing at its sole discretion. The financing is not guaranteed by, nor has the full faith and credit of Mohave County. The annual audit report for the fiscal year ending June 30, 2005, is available for inspection at the Mohave County Administration Building, 700 W. Beale Street, Kingman, AZ 86401.
ANTICIPATED TRANSACTION
At the conclusion of the competitive selection process, the County’s representatives and the Development Team will work together to develop binding transaction documents describing the obligations and responsibilities of both parties. The County anticipates that a series of agreements will be executed during the planning and implementation of the Project. Although subject to change, the following represents the County’s conceptual structure of the anticipated transaction:
Anticipated Design and Development Agreements
• The County anticipates that it will execute a master Design and Development Agreement with the selected Development Team. It will also set forth the obligations of the County and the Development Team relating to the procurement of all permits, the preparation of adequate schematic drawings, studies and project description.
Anticipated Ground Lease
• This document will describe the terms and conditions of the ground lease that the County expects to execute with the Development Team concurrently with the facility lease and the design and development agreement.
Anticipated Facility Lease
• During the pre-development process the County and the Development Team will negotiate a facility lease. The rates in this lease will be based upon the proposal submitted in response to Phase Two of this competitive selection process. The facility lease will include all principle and interest, property management requirements, and all major maintenance for the successful operation of the new correctional facility and necessary site improvements constructed as a part of this Project.
Nothing in this Request for Qualifications is intended to create a legal partnership or joint venture between the County of Mohave and any private entity. The term “partnership” as used herein is strictly intended to describe only the cooperative relationship between parties. Offerors who do not believe they are able to deliver the project based on the requirements described in this document should not submit a response to this RFQ.
*ESTIMATED* SELECTION PROCESS CALENDAR
**The estimated calendar of events which make-up the selection process is as follows:
ACTIVITY DATE TIME
*** STEP ONE – RFQ ***
Advertise RFQ XX/XX/XX
Pre-Submittal Conference XX/XX/XX xx:xx AM
Statements of Qualifications Due XX/XX/XX 2:00 PM
Discussions TBA TBA
Short-listed Firms Notified XX/XX/XX
*** STEP TWO – RFP ***
Mandatory Pre-Proposal Conference TBA TBA
Technical and Financial Proposals Due TBA 2:00 PM
Discussions TBA TBA
Selection of a Development Team TBA
Negotiations TBA
Contract Award TBA
Commence Work Date of Award + 14 Calendar Days
Submittal of Schedule of Payment Items Date of Award + 25 Calendar Days
Substantial Completion TBA
Final Completion TBA
Occupancy 2008
STIPULATED FEE
A stipulated fee of two-tenths of one percent of the County's final cost of design and construction shall be offered to each team on the short list who provides a responsive, yet unsuccessful, proposal. If a final award is not made, all responsive short listed teams shall be offered the stipulated fee of two-tenths of one percent of the County's design and construction estimate. In order to receive the stipulated fee, the qualifying team will be required to have a Mohave County Vendor number. Information on Vendor numbers may be obtained from the Department of Procurement website at: co.mohave.az.us/depts/purch/purch_default.asp.
The stipulated fee shall be paid to eligible teams within ninety (90) days after the award of a contract or the decision not to award. If a team agrees to accept the stipulated fee, the County reserves the right to use any and all ideas and/or information contained in its proposal documents. These rights include use in any contract awarded for this project, or in connection with subsequent contracts, with no obligation to pay additional compensation to the unsuccessful team. Unsuccessful teams may elect to refuse the stipend and retain any rights to its proposal and the ideas and information contained therein.
INSTRUCTIONS TO OFFERORS
1. PRE-SUBMITTAL CONFERENCE: The date and time of a pre-submittal conference, if applicable, is indicated on the cover page of this document. The purpose of this conference will be to clarify the contents of this solicitation in order to prevent any misunderstanding of the County's position. Any doubt as to the requirements of this solicitation or any apparent omission or discrepancy should be presented to the County at this conference. The County will then determine the appropriate action necessary, if any, and may issue a written amendment to the solicitation. Oral statements and/or instructions do not constitute an amendment to this solicitation. Persons with a disability may request a reasonable accommodation by contacting Travis Lingenfelter at (928) 753-0752 x7, with the caveat that all requests for accommodations must be made forty-eight (48) hours in advance of the event to allow sufficient time to provide said special accommodations.
2. SUBMITTAL FORMAT: Original and 6 copies (7 total) of each submittal should be turned in to the Department of Procurement, on any and all required forms and in the format specified in the solicitation. The original copy of the submittal should be clearly labeled "Original". The format as outlined in the Uniform Consultant Questionnaire shall be meticulously followed. All materials shall be in sequence and directly related to the solicitation. The sections of the submittal shall be tabbed and clearly identifiable. The County will not provide any reimbursement for the cost of developing or presenting submittals in response to Step One of this selection process. Failure to include requested information may have a negative impact on the evaluation and/or may result in the rejection of the offeror's submittal.
3. WHERE TO SEND SUBMITTALS: In order to be considered, the offeror must complete and send their Statement of Qualifications to the Mohave County Department of Procurement, 700 W. Beale Street, 1st Floor East, Kingman, Arizona 86401, by no later than the specified opening date and time indicated on the cover page of this document. The offeror's submittal shall be presented in a sealed envelope with the OFFEROR’S NAME and RETURN ADDRESS clearly written on the envelope. The words "SEALED SUBMITTAL" with SERVICE DESCRIPTION, SOLICITATION NUMBER, DATE, TIME, and SUBMITTAL OPENING DATE shall be written on the envelope.
4. INQUIRIES: Any question related to this solicitation shall be directed to the Procurement Officer whose name appears on the front side of this document. The offeror shall not contact or ask questions of the department for whom the requirement is being procured. Questions should be submitted in writing when time permits. The Procurement Officer may require any and all questions to be submitted in writing at their sole discretion. Any correspondence related to a solicitation should refer to the appropriate Solicitation number, page and paragraph number. However, the offeror must not place the number on the outside of an envelope containing questions since such an envelope may be identified as a sealed submittal and may not be opened until after the official submittal due time and date. Oral interpretations or clarifications will be without legal effect. Only questions answered by formal written solicitation amendment will be binding.
5. CONTRACT NEGOTIATIONS: At the completion of Step Two of the selection process, the County may enter into negotiations with the top-ranked Offeror to determine fee, and to negotiate other portions of the contract deemed by the County to be necessary. In the event that the County is not able to negotiate successfully with the top-ranked Offeror, the County shall cease negotiations with that Offeror and either commence negotiations with the next highest-ranked Offeror or may choose to cancel the solicitation in its entirety. In the event that the County is not able to negotiate successfully with the next ranked Offeror, the County shall cease negotiations with that Offeror and either begin negotiations with the third ranked Offeror or may choose to cancel the solicitation in its entirety. Award shall be made by the Board of Supervisors to the Offeror whose submittal and subsequent negotiation is most advantageous to the County.
6. AWARD OF CONTRACT: Notwithstanding any other provision of the solicitation, the County reserves the right to:
(1) Waive any immaterial defect or informality; or
(2) Reject any or all offers, or portions thereof; or
(3) Reissue the solicitation.
7. FAMILIARIZATION OF SCOPE OF WORK: Before signing a contract, each Offeror shall familiarize itself with the scope of work, laws, regulations and other factors affecting performance of work. It shall carefully correlate its observations with requirements of the solicitation and negotiated contract and otherwise satisfy itself as to the expense and difficulties attending the performance of the work. The signing of a contract will constitute a representation of compliance by the Offeror. There will be no subsequent financial adjustment, other than that provided by the contract, for lack of such familiarization.
8. LATE PROPOSALS: Late submittals shall not be considered under any circumstances.
9. WITHDRAWAL OF SUBMITTAL: At any time prior to a specified solicitation due time and date an offeror (or designated representative) may withdraw their proposal by submitting a written request to the responsible Procurement Officer stating the reason for withdrawal.
10. AMENDMENT OF SOLICITATION: The Offeror shall acknowledge receipt of a solicitation amendment by signing and returning the document by the specified due time and date.
11. SUBMITTAL: The offer and any solicitation amendments must be signed and returned with the offeror's submittal.
12. CONFIDENTIAL INFORMATION: If an individual believes that any portion of a submittal, offer, specification, protest, or correspondence contains information that should be withheld, then the Procurement Manager should be so advised in writing. The County shall review all requests for confidentiality and provide a written determination. If the confidential request is denied, such information shall be disclosed as public information, unless the person utilizes the "Protest" provision.
13. SUBCONSULTANTS: Offeror must disclose in writing any sub-consultant to be utilized in performance of services herein. For each sub-consultant, detail on respective qualifications must be included.
14. EXCEPTIONS TO CONTRACT PROVISIONS: Offerors who wish to propose modifications to the provisions contained herein must clearly identify the proposed deviations and also proposed substitute language. However, the provisions of the Request for Qualifications cannot be modified without the express written approval of the Procurement Manager or his designee. If an offer is returned with modifications to the contract provisions that are not expressly approved in writing by the Procurement Manager or his designee, the contract provisions contained in the County’s Request for Qualifications shall prevail.
15. VENDOR APPLICATION: Prior to the award of a contract, the successful offeror shall have a completed vendor application on file with the Procurement Department. Information may be obtained by contacting the Procurement Department at (928) 753-0752.
16. PREPARATION OF SUBMITTAL:
A. Evaluation Requirements: The evaluation will be conducted in accordance with the following:
1) Screening Phase: The criteria for screening teams in this competitive selection process are as follows:
• Experience and Approach of the Team
• Experience and Qualifications of the Development Team
• Experience on Similar Projects
• Available Resources to Complete the Project
• Quality & Safety Programs
• Past Performance
Points shall be assigned according to the above listed criteria. The Offerors will then be ranked accordingly and the top three (3) ranked firms will then be invited to participate in Step Two of the selection process.
Past Performance shall be scored by the selection committee members based upon all information from County Departments, Project Managers, outside agencies, and references provided by the design-build team. The County reserves the right to make such additional investigations as it deems necessary to establish the competency and financial stability of any team submitting a proposal.
B. INSTRUCTIONS FOR SUBMITTAL: All submittals shall include any and all forms provided in this solicitation package. It is permissible to copy these forms as required. Faxed submittals shall not be considered. The Offer Form shall be submitted with an original ink signature by the individual authorized to contractually bind the company. Erasures, interlineations, or other modifications in the submittal shall be initialed in original ink by the authorized person signing the offer. Periods of time, stated as a number of days, shall be in consecutive calendar days. It is the responsibility of all Offerors to examine the entire RFQ package, to seek clarification of any requirement that may be unclear, and to check all responses for accuracy before submitting an offer.
Statements of Qualifications shall be limited to the information specifically requested. Submittals failing to follow the section format instructions outlined below may be subject to rejection. The Offeror will be notified in writing of the reason(s) for rejection. A page is considered to be one side of an 8 1/2” x 11” sheet (minimum font size is 11 pt).
1. COVER LETTER - Shall contain the following information (Two Page Maximum):
• An expression of the Development Team's interest in being selected for this Project.
• A statement confirming the commitment of the key personnel identified in the submittal to the extent necessary to meet the County's quality and schedule expectations.
• The name and registration number of the principle or officer, properly registered with the Arizona Board of Technical Registration at the time of submittal, which will be responsible for the design work included in this contract.
• The name and registration number of the principle or officer, properly registered with the Arizona Registrar of Contractors at the time of submittal, which will be responsible for the construction work included in this contract.
• A statement that the firm has and applies a company non-discrimination policy.
• A statement detailing the legal structure of the Development Team.
• A summary of key points regarding the team's qualifications pertaining to correctional facilities. The cover letter shall also identify a single point-of-contact for any future necessary correspondence.
2. UNIFORM QUESTIONNAIRE - The format as outlined in the Uniform Consultant Questionnaire shall be meticulously followed. Statements of Qualifications shall be limited to a maximum of TWENTY (20) pages, excluding the resumes of key personnel. If dividers are used and contain project-specific information, they will be counted as pages.
3. SUPPORTIVE INFORMATION - Supportive information may include organizational charts, capacity charts, graphs, photographs, maps, additional resumes, references, etc., and is completely discretionary to the Offeror. Supportive information shall be limited to TEN (10) pages maximum.
STATEMENT OF QUALIFICATIONS REQUIRED FORMAT
FORMAT CONTENT MAXIMUM POINTS MAXIMUM PAGES
• INTRODUCTORY LETTER N/A 2
• EVALUALTION CRITERIA 100 20
1. Experience and Approach of the 35
Development Team
2. Experience and Qualifications of the 20
Development Team
3. Experience on Similar Projects 15
4. Available Resources to Complete the Project 15
5. Quality & Safety Programs 10
6. Past Performance 5
• SUPPORTIVE INFORMATION N/A 10
• DESIGN-BUILD TEAM
INFORMATION FORM N/A As Required
• SUBCONSULTANT/SUBCONTRACTOR
INFORMATION FORM N/A As Required
• AMENDMENTS N/A As Required
UNIFORM CONSULTANT QUESTIONNAIRE
***The information that must be included in the discussion of qualifications is outlined below. The Selection Committee will evaluate and rank each submittal in accordance to the below criteria. The County of Mohave is interested in generating information in four broad categories: (1) finance; (2) design; (3) construction, and; (4) property management. Offerors are instructed to provide the information in a categorical manner under the headings described below that will allow the Selection Committee to conduct useful comparisons (Example: 1. Experience and Approach of the Team. 1.a. General; 1.b. Finance; 1.c. Design; 1.d. Construction, and; 1.e. Property Management).
1. EXPERIENCE & APPROACH OF THE TEAM – (35 POINTS)
• Discuss the relevant alternative financing, design-build and correctional facility experience of the team. Projects listed should be similar in nature to the current project and to the extent possible involve team members proposed for this project. List awards received as a result of relevant past work as applicable.
• List all major projects that have resulted in time extensions and/or the assessment of liquidated damages against any participant in the last five (5) years.
• Furnish examples of projects in which participants have completed their tasks ahead of schedule and/or below budget, including an explanation of how this was accomplished.
• For similar type projects, describe the total project costs, and the total value of change orders and claims if not design-build.
• Describe the methods the team has in place for addressing claims, contract modifications, and schedule recovery to maintain the completion date.
• Describe team's internal procedures for successfully developing, monitoring, and maintaining project schedules for large projects such as this.
• What is the team’s approach for appropriate building system design strategies? What is the applicability of “Green Building design”, “Energy Star Building design” and life cycle costing with respect to this project in terms of contractibility, maintainability, financial feasibility and property management?
• Provide a conceptual project schedule, beginning with the Notice to Proceed and ending with the first lease payment by the County. Utilize time as a measurement but not dates.
• How will the team ensure compliance with the County’s intent?
• What are probable ranges for construction cost and total project cost per GSF for the new correctional facility? Identify which costs the team considers direct construction costs and indirect construction costs and provide a percentage relationship of each to the probable total project cost range.
• How does the team envision project closeout, and related occupancy procedures, which will require County participation?
• Project financing may include, but is not limited to the following: Land is leased to the development team by the County for a specified term not to exceed fifteen (15) years. The Development Team owns and manages the property. The County leases the facility for a specified term and then assumes ownership at the conclusion of the term. The County would make lease payments for use of the facility over the term of the agreement. The County will not consent to any assignment that requires its written participation, if such an assignment will result in the issuance of certificates of participation with respect to the lease payments. What method does the Offeror plan for to secure necessary capital to complete the project?
• What additional options, or variations on the above options, would the team recommend? Include all potential options that may increase the cost effectiveness with respect to rates, term, fees, etc.
• What special considerations related to financing of public/private partnerships may apply to this project?
• What property management strategies can be employed to promote maintenance efficiencies, and what impact do these would these strategies have on design, staffing, and security concerns?
• What might be the probable range for total annual utility costs per GSF for the new correctional facility?
• What is the probable range for total utility costs per GSF for this new correctional facility, should it be designed with energy/resource saving concepts? Please provide a narrative explanation of design concepts, including the general cost impacts of the various concepts (i.e., additional construction costs, return on investment or payback period).
• What is the probable useful life of this new correctional facility and how does the team envision handling major maintenance needs over the term of the lease (i.e., replacements, painting, elevators, HVAC, etc.)
2. EXPERIENCE & QUALIFICATIONS OF THE DEVELOPMENT TEAM – (20 POINTS)
• Identify the legal structure of the team and/or consortium of teams preparing the Statement of Qualifications. Describe the business experience of the team utilizing design-build with past correctional facilities as it relates to carrying out this project.
• List at least three (3) similar projects completed within the last five (5) years by the contractor and designer with a brief description of each project. An Owner's reference shall be included for each project listed. At an absolute minimum, the reference shall include the Owner's name, business address, and current telephone number. Projects which employed alternative financing methods will be given preference.
• Describe the organizational structure of the team, the management approach, and how each partner and major subcontractor fit into the structure; include each party’s business name and role.
• Identify the primary firm, the Project Manager, key staff members, and other members of the Development Team, their qualifications and experiences, and address the role each member will perform in this project. Provide a current resume for the following personnel:
a. Development Team’s Project Manager. The individual(s) who (1) will be responsible for ensuring that adequate personnel and other resources are made available for this project; (2) will handle all contractual matters, and; (3) will be ultimately responsible for the quality and timeliness of the Development Team's performance. State the person's position and authority within the Development Team. Discuss previous projects similar in nature for which this individual has performed a similar main function.
b. Architect. The individual who will actively manage the design of this project. Identify all projects that person will be involved with concurrently with the design of this project and the anticipated time commitment to each. List recent similar projects for which this person has performed a comparable main design function. Discuss relevant experience, professional registrations, education, awards, and other components of qualifications applicable to this project. Individual must have at least five (5) years of experience in the design of projects similar in nature.
c. General Contractor. The person who will actively manage the construction of this project. Identify all projects that person will be involved with concurrently with the construction of this project and the anticipated time commitment to each. List recent similar projects for which this person has performed a comparable main construction function. Discuss relevant experience, professional registrations, education, awards, and other components of qualifications applicable to this project. Individual must have at least five (5) years of experience in the construction of projects similar in nature.
d. Financier and/or Other Responsible Personnel. The individual(s) who (1) will be responsible for the development of the financial plan for this project; (2) will handle the acquisition of the necessary capital for the implementation of the project, and; (3) will be ultimately responsible for all associated and related financial aspects of the Project. State the person's position and authority within the Development Team. Discuss previous projects similar in nature for which this individual has performed a similar main function.
• Identify other key members of the project team including key subconsultants/subcontractors that will provide special expertise or will perform key tasks. Describe their anticipated Project roles.
3. EXPERIENCE ON SIMILAR PROJECTS – (15 POINTS)
• Discuss generally the tasks involved in this Project starting with the alternative financing portion. Outline your overall approach for dealing with the tasks and provide a typical schedule. A graphical depiction may be included.
• Identify special issues or problems that may be encountered on this project. Demonstrate clearly and concisely your team's understanding of the technical and institutional elements which must be addressed as a part of this project.
• Provide a detailed discussion concerning areas of opportunity for innovation on this project (example: video visitation, etc.
• Specifically describe your team’s understanding of and experience with Privatized Lease to Own (PLTO) Projects.
• Explain your understanding of ‘Partnering’ and how it will be implemented on this Project.
4. AVAILABLE RESOURCES TO COMPLETE THE PROJECT – (15 POINTS)
• Indicate the resources that will be made available, and from what source, to perform the work for the project. Demonstrate that appropriate resources will be committed for the duration of the project to perform the work and complete the project on schedule.
• Quantitatively discuss how this project will impact the current and anticipated workload of the team(s) which will perform this work. If staffing up will be necessary due to this project, discuss in detail in which areas it will be necessary, and how it will be accomplished.
• Describe any other equipment or resources the team possesses which will enhance its ability to successfully accomplish this project.
• Describe any other expertise, or other special capabilities of members of the team that are noteworthy to your submittal.
5. QUALITY & SAFETY PROGRAMS – (10 POINTS)
• Describe the expertise of team’s Quality Testing Manager.
• Identify primary contractor and consultant's policies/procedures for quality control/assurance and effective cost control in both design and construction phases.
• Describe the team’s internal quality management procedures. Define integration of all team members including key subconsultants and subcontractors.
• Describe how the team’s quality program would enhance the development of this project.
• Describe the expertise of the team’s safety officer. List all OSHA-qualified "competent persons" who will be assigned to the project.
• Provide documentation of the past five (5) year safety record on all construction projects (e.g., OSHA citations - list circumstances and outcome, etc.)
• Provide a brief overview of the team’s safety program.
6. PAST PERFORMANCE – (5 POINTS)
• Provide past project examples (5 projects maximum), preferably utilizing PLTO alternative financing and the design-build method of project delivery, which best illustrate current qualifications relevant to this project. Include project name, location, nature of firm's responsibility, project Owner's name & address, Owner's Project Manager's name & current telephone number, completion date (estimated & actual), estimated cost for both the entire project and for work for which the team was/is responsible.
7. PART C – Supportive Information
Supportive information may include organizational charts, capacity charts, graphs, photographs, maps, additional resumes, references, etc., and is totally discretionary to the Proposer provided a ten (10) page limit is maintained.
8. PART D – Design-Build Team Information Sheet
Complete the form as provided.
9. PART E – Key Subconsultant/Subcontractor Information Sheet
Complete the form as provided.
10. PART F – AMENDMENTS (NO PAGE LIMIT)
Receipt of solicitation amendments issued prior to the submission of Statements of Qualifications shall be acknowledged by including a signed copy of the amendment with the Statement of Qualifications submittal.
PART D – Development Team Information Sheet
CONTACT PERSON: ______________________________________________________________________________
DEVELOPER: ______________________________________________________________________________
ADDRESS: _______________________________________________________________________________________
CITY/STATE/ZIP: __________________________________________________________________________________
TELEPHONE/FAX: _________________________________________________________________________________
CONTACT PERSON: _______________________________________________________________________________
GENERAL CONTRACTOR: __________________________________________________________________________
ADDRESS: _______________________________________________________________________________________
CITY/STATE/ZIP: __________________________________________________________________________________
TELEPHONE/FAX: _________________________________________________________________________________
AZ. CONTRACTOR
LICENSE NUMBER: ________________________________________________________________________________
CONTACT PERSON: _______________________________________________________________________________
ARCHITECT: ______________________________________________________________________________
ADDRESS: _______________________________________________________________________________________
CITY/STATE/ZIP: __________________________________________________________________________________
TELEPHONE/FAX: _________________________________________________________________________________
AZ. REGISTRATION No.: ____________________________________________________________________________
CONTACT PERSON: _______________________________________________________________________________
FINANCER: ______________________________________________________________________________
ADDRESS: _______________________________________________________________________________________
CITY/STATE/ZIP: __________________________________________________________________________________
TELEPHONE/FAX: _________________________________________________________________________________
PART E – Key Subconsultant/Subcontractor Information Sheet
Firm Name Type of Work Responsible Principle Registration/License #
SPECIAL TERMS AND CONDITIONS
1. INSURANCE AND BONDING REQUIREMENTS:
A. INSURANCE REPRESENTATIONS AND REQUIREMENTS
Without limiting any obligations or liabilities of Contractor, Contractor shall purchase and maintain, at its own expense, hereinafter stipulated minimum insurance with insurance companies duly licensed by the State of Arizona with an AM Best, Inc. rating of FSC VIII A- or above with policies and forms satisfactory to Mohave County Risk Management. Failure to maintain insurance as specified herein may result in termination of this Agreement at Mohave County’s option.
By requiring insurance herein, Mohave County does not represent that coverage and limits will be adequate to protect Contractor, his consultants or subcontractors. Mohave County Risk Management reserves the right to review any and all of the insurance policies and/or endorsements cited in this Agreement but Mohave County has no obligation to do so. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement.
All coverage and self insured retention or deductible portions of insurance of Contractor, his consultants, and his subcontractors at any level, except Workers’ Compensation insurance and Professional Liability insurance, if applicable, shall name by written endorsement to the fullest extent permitted by law for claims arising out of the performance of the Work included in this Agreement, Mohave County and its agents, representatives, officers, directors, officials and employees as Additional Insured as specified under the respective coverage sections of this Agreement. In addition, all coverage and self insured retention or deductible portions of insurance of Contractor shall name by written endorsement to the fullest extent permitted by law for claims arising out of the performance of the Work included in this Agreement his consultants and his subcontractors at any level as Additional Insured as specified under the respective coverage sections of this Agreement.
All insurance required herein shall be maintained in full force and effect until all Work or services required to be performed under the terms of this Agreement is satisfactorily performed, completed and Final Payment has been made by Mohave County.
Contractor’s, consultant’s, and subcontractor’s insurance shall be primary insurance with respect to performance of the work included in this Agreement and in the protection of Mohave County as an Additional Insured. The policies required by this Agreement shall have attached an “Additional Insured Endorsement” form that includes Mohave County as well as its agents, officials, and employees as insured parties. The form shall stipulate that the insurance afforded by the policies shall be by primary insurance and that any insurance, self-insured retention, deductibles, or risk retention programs maintained or participated in by Mohave County, or its agents, officials or employees shall be excess and not contributory to insurance required herein.
In the event any insurance policies required by this Agreement are written on a “claims made” basis, coverage shall extend, either by keeping coverage in force or purchasing an extended reporting option, for five years past completion and acceptance of the Work or services. Such continuing coverage shall be evidenced by submission of annual Certificates of Insurance citing applicable coverage is in force and containing the provisions as required herein for the five-year period.
Each policy of Contractor, consultants, and Subcontractors, including Workers’ Compensation insurance, shall contain a waiver of rights of recovery (subrogation) against Mohave County, its agents, representatives, officials, officers and employees for any claims arising out of the work or services of Contractor, consultant, or Subcontractor. Contractor shall arrange to have such subrogation waivers incorporated into each policy via formal written endorsement thereto.
The policies set forth in these requirements may provide coverage that contains deductibles or self-insured retention amounts. Such deductibles or self-insured retention shall not be applicable with respect to the policy limits provided to Mohave County. Contractor shall be solely responsible for any such deductible or self-insured retention amount. Mohave County, at its option, may require Contractor to secure payment of such deductible or self-insured retention by a surety bond or irrevocable and unconditional letter of credit.
For any work under this Agreement subcontracted in any way, Contractor shall execute written agreement with each consultant or Subcontractor containing the indemnification provisions set forth herein and insurance requirements set forth herein protecting Mohave County and Contractor. Contractor shall be responsible for executing the agreement with consultant or Subcontractor and providing Mohave County with certificates of insurance verifying the insurance requirements. Subject to Owner’s prior written approval, which approval shall not be unreasonably withheld, Contractor may, at Contractor’s option and at Contractor’s sole risk, allow minor subcontractors to deviate from these insurance requirements, for insurance other than professional liability, due to insurance market availability or affordability issues. Issuance of any such prior Owner written approval is at the sole discretion of Owner and shall in no way relieve Contractor of any of its responsibilities under this Agreement, nor shall it constitute a waiver of any claims or damages otherwise available by law or contract to Owner.
Prior to commencing any work or services under this Agreement, Contractor shall furnish Mohave County Risk Management Division with certificate(s) of insurance, or formal endorsements as required by this Agreement, issued by the insurers of the Contractor, consultants, and Subcontractors as evidence that policies are placed with acceptable insurers as specified herein and provide the required coverage, conditions and limits of coverage specified in this Agreement and that such coverage and provisions are in full force and effect. If a certificate of insurance is submitted as verification of coverage, Mohave County will reasonably rely upon the certificate of insurance as evidence of coverage but such acceptance and reliance shall not waive or alter in any way the insurance requirements or obligations of this Agreement. If any of the policies required herein expire during the life of this Agreement, it shall be Contractor’s responsibility to forward renewal certificates containing all insurance provisions required herein within thirty days prior to the renewal date. Additionally, certificates of insurance submitted without referencing the Project, the project number, and the contract number will be subject to rejection and returned or discarded. Certificates of insurance shall specifically include the following provisions:
a. “Mohave County, a body politic and corporate of the State of Arizona, its Board members, officers, employees, agents, and other officials” are Additional Insured as follows:
(i) Commercial General Liability - Under Insurance Services Office, Inc., (“ISO”) current Form CG 20 10 or equivalent.
(ii) Auto Liability - Under current ISO Form CA 20 48 or equivalent.
(iii) Excess Liability - Follow Form to underlying insurance.
b. Contractor’s, consultant’s, and subcontractor’s insurance shall be primary insurance as respects performance of the Work included in this Agreement.
c. All policies, including Workers’ Compensation, waive rights of recovery (subrogation) against Mohave County, its agents, representatives, officers, officials and employees for any claims arising out of work or services performed by Contractor under this Agreement.
d. A 60-day advance notice cancellation provision. If ACORD certificate of insurance form is used, the phrases in the cancellation provision “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives” shall be deleted. Certificate forms other than ACORD form shall have similar restrictive language deleted.
e. Certificates of Insurance and any notice of cancellation or material change shall be addressed as follows:
Mohave County
P.O. Box 7000
Kingman, AZ 86402
Contractor, his consultants, and subcontractors shall not fail to comply with the claim reporting provisions of the insurance policies required herein or cause a breach of any insurance policy warranty, which would affect the coverage, and protection of Mohave County provided by the policy.
B. REQUIRED INSURANCE COVERAGE
Contractor shall maintain “occurrence” form Commercial General Liability insurance with an unimpaired limit of not less than two million dollars ($2,000,000.00) for each occurrence, five million dollars ($5,000,000.00) Products and Completed Operations Aggregate and a five million dollars ($5,000,000.00) General Aggregate Limit. The policy shall cover liability arising from premises, operations, independent contractors, products-completed operations, property damage, bodily injury, personal injury and advertising injury. Coverage under the policy will be at least as broad as ISO current policy Form CG 00 010 or equivalent thereof, including but not limited to, separation of insured’s clause; and shall not contain a sunset provision or commutation clause, nor any provision which would serve to limit third party action over claims. Further, the policy shall include coverage for the hazards commonly referred to as X (explosion), C (collapse), U (underground). The products and completed operations coverage shall extend for five years past acceptance, cancellation or termination of the Work. Said policy shall contain a severability of interest provision. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, Mohave County, a body politic and corporate of the State of Arizona, its Board members, officers, employees, agents, and other officials shall be cited as an Additional Insured under ISO current Commercial General Liability Additional Insured Endorsement Form CG 20 10, or equivalent, which shall read “Who is an Insured (Section II) is amended to include as an insured the person or organization shown in the Schedule, but only with respect to liability arising out of “your work” for that insured by or for you.” If any Excess insurance is utilized to fulfill the requirements of this paragraph, such Excess insurance shall be “follow form” equal or broader in coverage scope than underlying insurance.
Contractor shall maintain his own occurrence based Professional Liability insurance covering negligent errors and omissions arising out of the work or services performed by Contractor, or anyone employed by Contractor, or anyone for whose negligent acts, mistakes, errors and omissions Contractor is legally liable, with an unimpaired liability insurance limit of one million dollars ($1,000,000.00) each claim and two million dollars ($2,000,000.00) all claims. In the event the Professional Liability insurance policy is written on a “claims made” basis, coverage shall extend for five (5) years past completion and acceptance of the work or services, and Contractor shall be required to submit certificates of insurance evidencing proper coverage is in effect as required above.
Contractor shall ensure and evidence that Architect/Engineer maintains Professional Liability insurance covering errors and omissions arising out of the work or services performed by Architect, or anyone employed by Architect, or anyone for whose acts, mistakes, errors and omissions Architect is legally liable, with a liability insurance limit of one million dollars ($1,000,000.00) each claim and two million dollars ($2,000,000.00) unimpaired liability limit for all claims. Professional Liability coverage specifically for Architects, Engineers and Surveyors shall contain contractual liability insurance covering the contractual obligations of this Contract. In the event the Professional Liability insurance policy is written on a “claims made” basis, coverage shall extend for five years past completion and acceptance of the work or services, and Architect shall be required to submit Certificates of Insurance evidencing proper coverage is in effect as required above. Architect shall require all his subconsultants or subcontractors to maintain the same Professional Liability insurance.
Contractor, his consultants, and Subcontractors shall maintain Business Automobile Liability insurance with a limit of one million dollars ($1,000,000.00) each occurrence on Contractor’s owned, hired and non-owned vehicles assigned to or used in the performance of the Contractor’s work or services under this Agreement. Coverage will be at least as broad as ISO coverage code “1” "any auto” current policy form CA 00 01 or equivalent thereof. To the fullest extent allowed by law, for claims arising out of the performance of this Agreement, Mohave County, a body politic and corporate of the State of Arizona, its Board members, officers, employees, agents, and other officials shall be cited as Additional Insured under ISO Business Auto policy Designated Insured Endorsement form CA 20 48 or equivalent. If any Excess insurance is utilized to fulfill the requirements of this paragraph, such Excess insurance shall be “follow form” equal or broader in coverage scope then underlying insurance.
Contractor, his consultants, and Subcontractors shall maintain Workers’ Compensation insurance to cover obligations imposed by federal and state statutes having jurisdiction of Contractor’s employees engaged in the performance of work or services under this Agreement and shall also maintain Employers Liability Insurance of not less than one million dollars ($1,000,000.00) for each accident, one million dollars ($1,000,000.00) disease for each employee and one million dollars ($1,000,000.00) disease policy limit.
Contractor shall be responsible for purchasing and maintaining Builder’s Risk and Course of Construction insurance to protect the Project from perils of physical loss. The insurance shall provide for all costs of replacement for the entire Project at the time of any loss. The insurance shall include as named insureds Mohave County, a body politic and corporate of the State of Arizona, its Board members, officers, employees, agents, and other officials, the Contractor, the Contractor’s consultants and subcontractors and sub subcontractors and shall insure against loss from the perils of fire and all-risk coverage for physical loss or damage due to theft, lightning, vandalism, collapse, malicious mischief, riot, civil commotion, landslide, smoke, sprinkler leak, water damage, windstorm, hail, transit, flood, earthquake, testing, resulting loss arising from defective design, negligent workmanship or defective material during the Work until Final Payment. Contractor shall increase the coverage limits as necessary to reflect changes in the estimated replacement cost. Policy shall be endorsed such that the insurance shall not be canceled or lapse because of any partial use or occupancy by the County.
Contractor shall maintain either a Commercial Umbrella or Excess Liability at a limit of liability not less than five million dollars ($5,000,000.00) Aggregate. The Contractor agrees to endorse Mohave County as an Additional Insured on the Commercial Umbrella/Excess Liability, unless the Commercial Umbrella/Excess Liability provides coverage on a pure/true follow-form basis, or Mohave County is automatically defined as an Additional Protected Person. The Contractor agrees any Self-Insured-Retention or deductible shall not exceed twenty-five thousand ($25,000.00).
C. CERTIFICATES OF INSURANCE & ENDORSEMENTS
Prior to commencing the Work under this Agreement, Contractor shall furnish Mohave County Contracts Division with certificates of insurance, or formal endorsements as required by this Agreement, issued by Contractor’s, consultant’s, and Subcontractor’s insurer(s), as evidence that policies providing the required coverage, conditions and limits required by this Agreement are in full force and effect. Contractor may submit a written request to Owner to delay the purchase of certain of the policies required herein until a GMP amendment has been executed. Unless otherwise specified in this Agreement, in the event any insurance policy(ies) required by this Agreement is(are) written on a “claims made” basis, coverage shall extend for five years past completion and acceptance of Contractor’s work or services and as evidenced by annual certificates of insurance. If a policy does expire during the life of the Agreement, a renewal certificate must be sent to Owner thirty Days prior to the expiration date. All certificates of insurance required by this Agreement shall be identified by Project name, project number, and contract number. Owner reserves the right to request and receive, within ten working days, certified copies of any or all of the above insurance policies and/or endorsements. Failure to demand such evidence of full compliance with the insurance requirements set forth in this Agreement or failure to identify any insurance deficiency shall not relieve Contractor from, nor be construed or deemed a waiver of, its obligation to maintain the required insurance at all times during the performance of this Agreement.
D. CANCELLATION AND EXPIRATION NOTICE
Insurance required herein shall not expire, be canceled, or materially changed without sixty (60) days’ prior written notice to Owner.
E. FAILURE OF COMPLIANCE
Should the Contractor fail to provide and maintain in force any and all insurance, or insurance coverage required by this Agreement or by law, or should a dispute arise between the Mohave County and any insurance company of Contractor over policy coverage or limits of liability as required herein, Mohave County will be entitled to recover from Contractor all amounts payable, as a matter of law, to the Mohave County or any other parties, had the required insurance or insurance coverage been in force. Said recovery will include, but is not limited to, interest for the loss of use of such amounts of money, plus all attorney’s fees, costs, and expenses incurred in securing such determination and any other consequential damages arising out of the failure of Contractor or insurance company to comply with the provisions of this Agreement, or any policy required hereby, or any other requirements regarding insurance imposed by law. Nothing herein shall limit any damages for which Contractor is responsible as a matter of law.
F. PERFORMANCE AND PAYMENT BONDS
After Owner and Contractor have executed a written GMP amendment but prior to commencing any construction activities, Contractor shall furnish Owner with an irrevocable security binding Contractor to provide faithful performance of the Agreement in the amount of one hundred percent (100%) of the percentage of the GMP attributable to construction, payable to the Mohave County. Performance security shall be in the form of a performance bond, as required by Arizona law. If Contractor fails to execute the security document as required, Contractor may be found in material default of the Agreement, permitting Owner to terminate this Agreement. In case of default Owner reserves all rights. All performance bonds shall be executed on State of Arizona approved forms, duly executed by Contractor as Principal and having as Surety thereon a Surety company approved by Owner and holding a Certificate of Authority issued by the Arizona Department of Insurance to transact surety business in the State of Arizona. A copy of the Certificate of Authority shall accompany the bonds. The Certificate shall have been issued or updated within two years prior to the execution of this Agreement. The conditions and provisions of the bonds regarding the surety’s obligation shall follow the form required under A.R.S. § 34-222; Subsection G. The cost of the bonds shall be included in the GMP. Individual sureties are unacceptable. All Insurers and Sureties shall have at the time of submission of bonds a rating FSC VIII A- or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company.
After Owner and Contractor have executed a written GMP amendment but prior to commencing any construction activities, Contractor shall furnish Owner with an irrevocable security for the protection of all persons supplying labor and material to Contractor or any subcontractor for the performance of any work related to the Agreement. Payment security shall be in the amount of one hundred percent (100%) of the portion of the GMP attributable to construction and be payable to Mohave County. Payment security shall be in the form of a payment bond, as required by Arizona law. All payment bonds shall be executed on State of Arizona approved forms, duly executed by Contractor as Principal and having as Surety thereon a Surety company approved by Owner and holding a Certificate of Authority issued by the Arizona Department of Insurance to transact surety business in the State of Arizona. A copy of the Certificate of Authority shall accompany the bonds. The Certificate shall have been issued or updated within two years prior to the execution of this Agreement. The conditions and provisions of the bonds regarding the surety’s obligation shall follow the form required under A.R.S. § 34-222; Subsection F. The cost of the bonds shall be included in the GMP. Individual sureties are unacceptable. All Insurers and Sureties shall have at the time of submission of bonds a rating FSC VIII A- or better as currently listed in the most recent Best Key Guide, published by the A.M. Best Company.
The bonds shall be written or countersigned by an authorized representative of the surety who is either a resident of the state of Arizona or whose principal office is maintained in this state, as by law required, and Contractor shall require the attorney-in-fact who executes the required bond on behalf of the surety to affix thereto a certified and current copy of the Power of Attorney.
Upon the request of any person or entity appearing to be a potential beneficiary of bonds covering payment of obligations arising under the Agreement, Contractor shall promptly furnish a copy of the bonds or shall permit a copy to be made.
2. CONFLICT OF INTEREST: Consultants and/or Contractors and their sub-consultants who design and/or develop specifications for materials for this project will be precluded from contract award for that item if a solicitation is issued for the item.
3. KEY PERSONNEL: It is essential that the Contractor provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Contractor must agree to assign specific individuals to the key positions.
A. The Contractor agrees that, once assigned to work under this contract, key personnel shall not be removed or replaced without written notice to the County.
B. If key personnel are not available for work under this contract for a continuous period exceeding thirty (30) calendar days, or are expected to devote substantially less effort to the work than initially anticipated, the Contractor shall immediately notify the County, and shall, subject to the concurrence of the County, replace such personnel with personnel of substantially equal ability and qualifications.
4. SOLICITATION AMENDMENTS: Amendments may be obtained from the Mohave County Procurement website at: co.mohave.az.us/depts/purch/purch_default.asp. It is the Offeror’s responsibility to obtain a copy of any amendment relevant to this solicitation. Internet access is available at all public libraries. Any interested offerors without Internet access may obtain a copy of this solicitation by calling (928) 753-7052, or a copy may be picked up during regular business hours at the Department of Procurement, 700 W. Beale Street, 1st Floor East, Kingman, Arizona 86401. The County takes no responsibility for informing recipients of changes to the original solicitation document. Failure to submit signed amendments with the bid response may be grounds for deeming submittal non-responsive.
STANDARD TERMS AND CONDITIONS
1. DEFINITION OF KEY WORDS USED IN THIS SOLICITATION:
Shall, Will, Must: Indicates a mandatory requirement. Failure to meet these mandatory requirements may result in the rejection of submittal as non-responsive.
Should: Indicates something that is recommended but not mandatory. If the offeror fails to provide recommended information, the County may, at its sole option, ask the offeror to provide the information or evaluate the submittal without the information.
May: Indicates something that is not mandatory but permissible.
For purposes of this solicitation, the following definitions shall apply:
A. County – Mohave County, Arizona, 700 W Beale Street, Kingman, AZ 86401
B. Agency or User Department – Used interchangeably to mean the County department or division responsible for managing the project.
C. Design-Build -- The process of entering into and managing a contract between the County and a contractor in which the Contractor agrees to both design and build a structure and in which design and construction services may be in sequential or concurrent phases, and which may include finance services, maintenance services, operations services, design services, and pre-construction services.
D. Contractor or Team – Used interchangeably in referring to the person, team or corporation with whom the County has entered into the Contract.
E. Evaluation Committee – The committee established to formally evaluate Statements of Qualifications according to the evaluation criteria listed herein.
F. Joint Venture – Two or more persons or entities combining their property, money, skills, and knowledge to form a distinct legal entity to carry out a single business enterprise for profit, pursuant to a written agreement.
G. Contract - The legal agreement executed between Mohave County, AZ and the Design-Builder.
H. County Project Manager - The County employee specifically designated as responsible for monitoring and overseeing the performance under this Contract, also referred to as County Designated Contract Representative.
I. Procurement Manager - The contracting authority for Mohave County, AZ.
2. TERMINATION OF CONTRACT: This contract may be terminated at any time by mutual written consent, or by the County, with or without cause, upon giving thirty (30) days written notice to you. The County at its convenience, by written notice, may terminate this contract, in whole or in part. If this contract is terminated, the County shall be liable only for payment under the payment provisions of this contract for services rendered and accepted material received by the County before the effective date of termination.
The County reserves the right to cancel the whole or any part of this contract due to failure of contractor to carry out any term, promise, or condition of the contract. The County will issue a written ten (10) day notice of default to contractor for acting or failing to act as in any of the following:
In the opinion of the County, contractor provides personnel that do not meet the requirements of the contract;
In the opinion of the County, contractor fails to perform adequately the stipulations, conditions or services/specifications required in this contract;
In the opinion of the County, contractor attempts to impose on the County personnel or materials, products or workmanship, which is of an unacceptable quality.
Contractor fails to furnish the required service and/or product within the time stipulated in the contract;
In the opinion of the County, contractor fails to make progress in the performance of the requirements of the contract and/or give the County a positive indication that contractor will not or cannot perform to the requirements of the contract.
Each payment obligation of the County created hereby is conditioned upon the availability of County, State and Federal funds which are appropriated or allocated for the payment of such an obligation. If funds are not allocated by the County and available for the continuance of service herein contemplated, the contract period for the service may be terminated by the County at the end of the period for which funds are available. The County shall notify contractor at the earliest possible time which service will or may be affected by a shortage of funds. No penalty shall accrue to the County in the event this provision is exercised, and the County shall not be obligated or liable for any future payments due or for any damages as a result of termination under this paragraph.
3. RECORDS: Internal control over all financial transactions related to this contract shall be in accordance with sound fiscal policies. The County may, at reasonable times and places, audit the books and records of you or any and all of your subcontractors. Said audit shall be limited to this contract and its scope of services.
4. ARBITRATION: It is understood and agreed that no provision of the contract relating to arbitration or requiring arbitration shall apply to or be binding upon the County except by the County's express written consent given subsequent to the execution of the contract. However, at the County's sole option, or by other means expressly approved by the County, disputes may be resolved through arbitration. The dispute shall be resolved as provided for in A.R.S. § 12-1501, et seq. Contractor shall continue to render the services required by this contract without interruption, notwithstanding the provisions of this section.
5. INDEPENDENT CONTRACTOR: It is clearly understood that each party shall act in its individual capacity and not as an agent, employee, partner, joint venturer, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other party for any purpose whatsoever.
Contractor shall not be entitled to compensation in the form of salaries, or to paid vacation or sick days by the County, and that such days do not accumulate for the use of same at a later date.
Mohave County will not provide any insurance coverage to the Contractor, including Workmen's Compensation coverage. The Contractor is advised that taxes or social security payments shall not be withheld from a County payment issued hereunder and that Contractor should make arrangements to directly pay such expenses, if any.
6. AFFIRMATIVE ACTION: Contractor agrees to abide by the applicable provisions of the County. Contractor, your subcontractor(s) and supplier(s) agree to adhere to a policy of equal employment opportunity and demonstrate an affirmative effort to recruit, hire, promote and upgrade the position of employees regardless of race, color, religion, ancestry, sex, age, disability, national origin, sexual orientation, gender identity, familial status, or marital status and who agree and are responsive to the County’s goals.
7. NON-EXCLUSIVE CONTRACT: Any contract resulting from this solicitation shall be awarded with the understanding and agreement that it is for the sole convenience of the County. The County reserves the right to obtain like goods or services from another source when necessary.
8. PATENT INFRINGEMENT: The procuring agency should advise the Contractor of any impending patent suit and provide all information available. The Contractor shall defend any suit or proceeding brought against the procurement agency based on a claim that any equipment, or any part thereof, furnished under this contract constitutes an infringement of any patent, and the Contract shall pay all damages and costs awarded therein, excluding incidental and consequential damages, against the procuring agency. In case said equipment, or any part thereof, is in such suit held to constitute infringement and use of said equipment or part in enjoined, the Contractor shall, at its own expense and at its option, either procure for the procuring agency the right to continue using said equipment or part, or replace same with non-infringing equipment, or modify it so it becomes non-infringing.
9. DUPLEXED/RECYCLED PAPER: The Contractor shall ensure that, when practicable, all printed materials produced by the Contractor in the performance of this contract are duplexed (two-sided copies), printed on recycled paper and labeled as such.
10. AMERICANS WITH DISABILITIES ACT: The Contractor shall comply with all applicable provisions of the Americans with Disabilities Act (Public Law 101-336, 42 U.S.C. 12101-12213) and applicable federal regulations under the Act.
11. CONFIDENTIALITY OF RECORDS: The Contractor shall establish and maintain procedures and controls that are acceptable to the County for the purpose of assuring that no information contained in its records or obtained from the County or from others in carrying out its functions under the contract shall be used by or disclosed by it, its agents, officers, or employees, except as required to efficiently perform duties under the contract. Persons requesting such information should be referred to the County. Contractor also agrees that any information pertaining to individual persons shall not be divulged other than to employees or officers of contractor as needed for the performance of duties under the contract, unless otherwise agreed to in writing by the County.
12. SHIPMENT UNDER RESERVATION PROHIBITED: Contractor is not authorized to ship materials under reservation and no tender of a bill of lading shall operate as a tender of the materials. Non-compliance shall conform to the cancellation clause set forth within this document.
13. GRATUITIES: The County may, by written notice to the Contractor, cancel this contract if it is found that gratuities, in the form of entertainment, gifts or otherwise, were offered or given by the contractor or any agent or representative of the Contractor, to any officer or employee of the County amending, or the making of any determinations with respect to the performing of such contract. In the event this contract is canceled by the County pursuant to this provision, the County shall be entitled, in addition to any other rights and remedies, to recover or withhold from the Contractor the amount of the gratuity.
14. APPLICABLE LAW: This contract shall be governed by, and the County and Contractor shall have all remedies afforded each by the Uniform Commercial Code, as adopted in the State of Arizona, except as otherwise provided in this contract or in laws pertaining specifically to the County. This contract shall be governed by the law of the State of Arizona, and suits pertaining to this contract shall be brought only in Federal or State courts in the State of Arizona.
15. CONTRACT: The contract shall be based upon the Request for Proposal issued by the County and the offer submitted by the Contractor in response to the Request for Proposal. The offer shall substantially conform to the terms, conditions, specifications and other requirements set forth within the text of the Request for Proposal. The County reserves the right to clarify any contractual terms with the concurrence of the Contractor; however, any substantial non-conformity in the offer, as determined by the County's Procurement Manager, shall be deemed non-responsive and the offer rejected. The contract shall contain the entire agreement between the County and the Contractor relating to this requirement and shall prevail over any and all previous agreements, contracts, proposals, negotiations, purchase orders, or master agreements in any form.
16. LEGAL REMEDIES: All claims and controversies shall be subject to the Mohave County Procurement Code.
17. CONTRACT AMENDMENTS: This contract shall be modified only by a written contract amendment signed by the County's Procurement Manager and persons duly authorized to enter into contracts on behalf of the Contractor.
18. PROVISIONS REQUIRED BY LAW: Each and every provision of law and any clause required by law to be in the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the contract shall forthwith be physically amended to make such insertion or correction.
19. SEVERABILITY: The provisions of this contract are severable to the extent that any provision or application held to be invalid shall not affect any other provision or application of the contract which may remain in effect without the valid provision or application.
20. PROTECTION OF GOVERNMENT BUILDINGS: The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation (such as trees, shrubs, and grass) on County property. If the Contractor fails to do so and damages such buildings, equipment and vegetation, the Contractor shall replace or repair the damage at no expense to the County, as directed by the Procurement Manager. If the Contractor fails or refuses to make such repair or replacement, then the Contractor shall be liable for the cost thereof, which may be deducted from the contract price.
21. INTERPRETATION - PAROL EVIDENCE: This contract is intended by the parties as a final expression of their agreement and is intended also as a complete and exclusive statement of the terms of this agreement. No course of prior dealings between the parties and no usage of the trade shall be relevant to supplement or explain any term used in this contract. Acceptance or acquiescence in a course of performance rendered under this contract shall not be relevant to determine the meaning of this contract even though the accepting or acquiescing party has knowledge of the nature of the performance and opportunity to object.
22. ASSIGNMENT - DELEGATION: No right or interest in this contract shall be assigned by the contractor without prior written permission of the County, and no delegation of any duty of Contractor shall be made without prior written permission of the County's Procurement Manager. The County shall not unreasonably withhold approval and shall notify the Contractor of the County's position within fifteen (15) days of receipt of written notice by the Contractor.
23. SUBCONTRACTS: No subcontract shall be entered into by the Contractor with any other party to furnish any of the material/service specified herein without the advance written approval of the County's Procurement Manager. All subcontracts shall comply with Federal and State laws and regulations which are applicable to the services covered by the subcontract and shall include all the terms and conditions set forth herein which shall apply with equal force to the subcontract, as if the subcontractor were the Contractor referred to herein. The Contractor is responsible for contract performance whether or not subcontractors are used. The County shall not unreasonably withhold approval and shall notify the Contractor of the County's position within fifteen (15) days of receipt of written notice by the Contractor.
24. RIGHTS AND REMEDIES: No provision in this document or in the Contractor's proposal shall be construed, expressly or by implication as a waiver by either party of any existing or future right and/or remedy available by law in the event of any claim or default or breach of contract. The failure of either party to insist upon the strict performance of any term or condition of the contract or to exercise or delay the exercise of any right or remedy provided in the contract, or by law, or the acceptance of materials or services, obligations imposed by this contract or by law, and shall not be deemed a waiver of any right of either party to insist upon the strict performance of the contract.
25. PROTESTS: A protest shall be in writing and shall be filed with the Procurement Manager. A protest of a Request for Qualifications shall be received at the Procurement Office before the Request for Qualifications opening date. A protest of a proposed award or of an award shall be filed within ten days after the protestor knows or should have known the basis of the protest. A protest shall include:
A. The name, address, and telephone number of the protestor;
B. The signature of the protestor or its representative;
C. Identification of the Request for Qualifications or contract number;
D. A detailed statement of the legal and factual grounds of protest including copies of relevant documents; and,
E. The form of relief requested.
26. WARRANTIES: Contractor warrants that all material or service delivered under this contract shall conform to the specifications of this contract. Mere receipt of shipment of the material or service specified and any inspection incidental thereto by the County, shall not alter or affect the obligations of the Contractor or the rights of the County under the foregoing warranties. Additional warranty requirements may be set forth in this document.
27. INDEMNIFICATION: To the fullest extent permitted by law, Contractor shall defend, indemnify and hold harmless Mohave County, Owner, their agents, representatives, officers, directors, officials, employees, and separate contractors of any of them from and against all claims, damages, losses and expenses (including but not limited to attorneys’ fees, court costs and the cost of appellate proceedings) relating to, arising out of, or alleged to have resulted from either directly or indirectly the acts, errors, mistakes, omissions, work or services of the Contractor, its employees, consultants, agents, or any tier of subcontractors in the performance of this Agreement. It is the Contractor’s duty to defend, hold harmless and indemnify Mohave County , Owner, their agents, representatives, officers, directors, officials, employees, and separate contractors for acts that shall arise in connection with any claim, damage, loss or expense that is attributable to bodily injury, sickness, disease, death, or injury to, impairment or destruction of property caused by any acts, errors, mistakes, omissions, work or services in the performance of this Agreement including any employee of Contractor or any tier of consultant or subcontractor or any other person for whose acts, errors, mistakes, omissions, work or services the Contractor may be legally liable. The Contractor and Mohave County waive claims against each other for consequential damages arising out of or relating to this Contract including (1) damages incurred by Mohave County for rental expenses, for losses of use, income, profit, financing, business and reputation, and for loss of management or employee productivity or of the services of such persons; and (2) damages incurred by the Contractor for principal office expenses including the compensation of personnel stationed there, for losses of financing, business and reputation, and for loss of profit except anticipated profit arising directly from the work. The amount and type of insurance coverage requirements set forth herein are separate and independent from the indemnity provisions of this paragraph and will in no way be construed as limiting the scope and magnitude of the indemnity provisions of this paragraph. The provisions of this section shall survive the expiration or early termination of this Contract.
28. OVERCHARGES BY ANTITRUST VIOLATIONS: The County maintains that, in actual practice, overcharges resulting from antitrust violations are borne by the purchaser. Therefore, to the extent permitted by law, the Contractor hereby assigns to the County any and all claims for such overcharges as to the materials or services used to fulfill the contract.
29. RIGHT TO ASSURANCE: Whenever one party to this contract in good faith has reason to question the other party's intent to perform, the former party may demand that the other party give a written assurance of this intent to perform. In the event that a demand is made and no written assurance is given within five (5) days, the demanding party may treat this failure as an anticipatory repudiation with this contract.
30. ADVERTISING: Contractor shall not advertise or publish information concerning this contract without prior written consent of the County.
31. RIGHT TO INSPECT: The County may, at reasonable times, and at the County's expense, inspect the place of a Contractor or subcontractor which is related to the performance of any contract as awarded or to be awarded.
32. FORCE MAJEURE:
A. Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this contract if and to the extent that such party's performance of this contract is prevented by reason of Force Majeure. The term "Force Majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Force Majeure shall not include late performance by a subcontractor unless the delay arises out of a Force Majeure occurrence in accordance with this Force Majeure term and condition.
B. If either party is delayed at any time in the progress of the work by Force Majeure, the delayed party shall notify the other party in writing of such delay, as soon as is practical, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand-delivered or mailed certified-return receipt and shall make a specific reference to this article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so. The time of completion shall be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this contract.
33. INSPECTION: All material or service is subject to final inspection and acceptance by the County. Material or service failing to conform to the specifications of this contract shall be held at Contractor's risk and may be returned to the Contractor. If so returned, all costs are the responsibility of the Contractor. Noncompliance shall conform to the cancellation clause set forth in this document.
34. EXCLUSIVE POSSESSION: All services, information, computer program elements, reports, and other deliverables which may be created under this contract are the sole property of the County and shall not be used or released by the Contractor or any other person except with prior written permission by the County.
35. TITLE AND RISK OF LOSS: The title and risk of loss of material or service shall not pass to the County until the County actually receives the material or service at the point of delivery, unless otherwise provided within this contract.
36. NO REPLACEMENT OF DEFECTIVE TENDER: Every tender of materials must fully comply with all provisions of this contract. If a tender is made which does not fully conform, this shall conform to the cancellation clause set forth within this document.
37. DEFAULT IN ONE INSTALLMENT TO CONSTITUTE TOTAL BREACH: Contractor shall deliver conforming materials in each installment or lot of this contract and may not substitute nonconforming materials. Delivery of nonconforming materials or a default of any nature, at the option of the County, shall constitute breach of the contract as a whole. Noncompliance shall conform to the cancellation clause set forth within this document.
38. LIENS: All materials, services, and other deliverables supplied to the County under this contract shall be free of all liens other than the security interest held by the Contractor until payment in full is made by the County. Upon request of the County, the Contractor shall provide a formal release of all liens.
39. PAYMENT: A separate invoice shall be issued for each shipment of material or service performed, and no payment shall be issued prior to receipt of material or service and correct invoice. The County shall make every effort to process payment for the purchase of materials or services within thirty (30) calendar days after receipt of materials or services and a correct invoice.
40. LICENSES: Contractor shall maintain in current status all Federal, State, and local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this contract.
41. COST OF SUBMITTAL PREPARATION: The County shall not reimburse the cost of developing, presenting, or providing any response to this solicitation. Offers submitted for consideration should be prepared simply and economically providing adequate information in a straightforward and concise manner.
42. PUBLIC RECORD: All materials submitted in response to this request shall become the property of the County and shall become a matter of public record available for review subsequent to the award notification.
43. SUBSEQUENT EMPLOYMENT: The County may cancel this contract without penalty or further obligation pursuant to A.R.S. § 38-511 if any person significantly involved in initiating, negotiating, securing, drafting, or creating the contract, on behalf of the County is or becomes, at any time while the contract or any extension of the contract is in effect, an employee of, or a contractor to any other party to this contract with respect to the subject matter of the contract. Such cancellation shall be effective when written notice from the Procurement Manager is received by the parties to this contract, unless the notice specifies a later time.
44. CLEAN UP: The Contractor shall at all times keep the contract area, including storage areas used by the Contractor, free from accumulation of waste material or rubbish and, prior to completion of the work, remove any rubbish from the premises and all tools, scaffolding, equipment and materials not property of the County. Upon completion of the repair, the Contractor shall leave the work and premises in clean, neat and workmanlike condition.
45. PROJECT COMPLIANCE: It is the Design-Build project team’s sole responsibility to ensure that they comply with all applicable Federal, State and Local regulations. The inclusion of this list is for informational purposes only and is not intended to be all inclusive.
FEDERAL:
1. The Hazard Communication Act, CFR 1910-1200- handling hazardous materials
2. Resource Conservation and Recovery Act, 42 USC 6901 et. Seq. - Hazardous waste disposal
D. 3. 36 CFR 800 – Protection of Historical and Cultural Properties
4. National Historic Preservation Act of 1966
5. 23 CFR 771 – Environmental Impact and Related Procedures
E. 6. Americans with Disabilities Act (ADA), PL 101-336
7. Section 4(f) of the Department of Transportation Act
8. Executive Order 11988 (Floodplain Management)
9. FHPM 7-7-3 - Procedures for Abatement of Highway Traffic Noise and Construction Noise
10. FHPM 7-7-9 – Air Quality Guidelines
11. National Environmental Policy Act of 1969, 1973 and supplements
12. Executive Order 11990 (Protection of Wetlands)
13. Wild and Scenic Rivers Act of 1968
14. Section 404 of the Clean Water Act of 1977
15. Federal Farmlands Act of 1981
16. FHWA Technical Advisory T6640.8m, “Guidance Material for the Preparation of Environmental Documents”
17. Section 1424 (e) of the Safe Drinking Water Act (Sole Source Aquifer Review).
18. 36 CFR 60 – Determinations of Eligibility for Inclusion in the National Register of Historic Places
19. Public Law – 91-646 – Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970
20. Wilderness Act of 1964, Public Law 88-577
21. Arizona Desert Wilderness Act of 1990, Public Law 101-628
22. Resource Conservation and Recovery Act (RCRA)
23. Comprehensive Environmental Response, Compensation and Recovery Act of 1980 (CERCLA)
24. Superfund Amendments and Reauthorization Act (SARA)
25. United States Forest Service, Integrated Resource Management (3rd Edition), August 1990
26. Endangered Species Act
27. Other Authorities: OSHA, Occupational Safety & Health Administration
28. Other governmental authorities having jurisdiction over the design or implementation of the Project.
STATE:
1. Arizona Revised Statutes (ARS) Title 34 Section 34-104 - Use of proprietary specifications
2. ARS Title 41 Section 41-844 - Findings of subsurface archaeological remains
3. ARS Title 34 Section 34-401 - Designing for the physically disabled
4. Arizona Native Plant Law
5. Arizona Historic Preservation Law
6. State Water Quality Law
7. ADOT Action Plan
8. ADOT Highways Division Policy and Implementation Memorandum 89-05, “Preservation of Arizona’s Wetlands,” August 1, 1989
9. Noise Abatement Policy for State Funded Projects
10. Arizona Environmental Quality Act (EQA)
11. Hazardous Waste Management Act (HWMA)
12. Underground Storage Tank Act of 1986
LOCAL:
1. The local Building Code
2. Local codes and ordinances relating to air quality, noise, dust abatement, light, etc.
OFFER PAGE
TO THE COUNTY OF MOHAVE:
The Undersigned hereby offers and agrees to enter into negotiations with the County to provide the material or service in compliance with all terms, scope of work, conditions, specifications, and amendments in the solicitation.
For clarification of this offer, please contact:
Name:
Company Name
Phone:
Address
Fax:
City State Zip
Signature of Person Authorized to Sign
Printed Name
Title
................
................
In order to avoid copyright disputes, this page is only a partial summary.
To fulfill the demand for quickly locating and searching documents.
It is intelligent file search solution for home and business.
Related searches
- u city church tucson arizona
- city of tucson jobs
- city of tucson sewer department
- city of tucson utilities services
- city of tucson utility
- city of tucson bill pay
- city of tucson sewer bill
- city of tucson sewer map
- city of tucson sewer service
- city of tucson water bill
- city of tucson utility services
- city of tucson action