[NOTE: INSTRUCTIONS FOR DEVELOPING AN RFP ARE IN RED AND IN BRACKETS. SAMPLE LANGUAGE IS IN RED ONLY. ALL RED TEXT SHOULD BE DELETED BEFORE FINALIZING THE RFP. ALL FONT SHOULD BE IN BLACK INK PRIOR TO ISSUANCE OF RFP.]
MINNESOTA STATE
[INSERT NAME OF COLLEGE/UNIVERSITY/SYSTEM OFFICE]
REQUEST FOR PROPOSAL (RFP)
FOR
Owner’s Representative Services
SPECIAL NOTE: This Request for Proposal (RFP) does not obligate the Minnesota State Colleges and Universities system (hereinafter Minnesota State), its Board of Trustees or the [insert name of College/University (C/U)]to award a contract or complete the proposed project and each reserves the right to cancel this RFP if it is considered to be in its best interest. Proposals must be clear and concise. Proposals that are difficult to follow or that do not conform to the RFP format or binding specifications may be rejected. Responding vendors must include the required information called for in this RFP. Minnesota State reserves the right to reject a proposal if required information is not provided or is not organized as directed. Minnesota State also reserves the right to change the evaluation criteria or any other provision in this RFP by posting notice of the change(s) onthe Minnesota State Facilities Division Web Site,. For this RFP, posting on the captioned web site above constitutes written notification to each Respondent. Respondents should check the site daily and are expected to review information on the site carefully before submitting a final proposal. Addenda to the RFP will be available on Minnesota State website. Respondents must acknowledge any addenda when submitting a proposal. Failure to acknowledge any addenda may result in rejection of the Respondent’s RFP response.
[INSERT MONTH AND YEAR OF RFP]
REQUEST FOR PROPOSAL (RFP)
FOR
Owner’s Representative Services
Table of Contents
[THE FOLLOWING LIST PROVIDES A SAMPLE OF TOPICS THAT MAY BE INCLUDED]
Section I. General Information
Background
Nature of RFP
General Selection Criteria
Selection Process
Selection and Implementation Timeline
Contract Term
Parties to the Contract
Contract Termination
Definitions
Applicable Law
Contract Assignment
Entire Agreement
Sample Contract Agreement
Deviations and Exceptions
Pre-award Vendors Conference
Duration of Offer
Authorized Signature
Proposal Rejection and Waiver of Informalities
Section II. Parties to the RFP
[INSERT NAME OF COLLEGE/UNIVERSITY OR SYSTEM OFFICE]
Section III. Vendor Requirements
[LIST ALL REQUIREMENTS]
Section IV. Response Evaluation
[LIST ALL EVALUATION CRITERIA]
Section V. Additional RFP Response and General Contract Requirements
Notice to Vendors and Contractors
Problem Resolution Process
Affidavit of Non-Collusion
Human Rights Requirements
Equal Pay Certificate Form [REQUIRED IF TOTAL FEES ARE ANTICIPATED TO EXCEED $500,000, INCLUDING EXTENSION OR RENEWAL OPTIONS, PROVIDE FORM AND INCLUDE IN RFP IF APPLICABLE; OTHERWISE DELETE FROM RFP AND TABLE OF CONTENTS]
Preference to Targeted Group and Economically Disadvantaged Business and Individuals
Veteran-Owned Preference
Insurance Requirements
State Audit
Minnesota Government Data Practices Act
Conflict of Interest
Organizational Conflicts of Interest
Physical and Data Security
Section VI. RFP Response Submission
Submit the Following Forms:
Affidavit of Non-Collusion
State Of Minnesota – Affirmative Action Certification
Affirmative Action Certification of Compliance
Equal Pay Certificate Form [INCLUDE IN RFP AND PROVIDE FORM IF APPLICABLE; OTHERWISE DELETE FROM RFP AND REMOVE FROM TABLE OF CONTENTS]
Veteran-Owned Preference Form [INCLUDE IN RFP AND PROVIDE FORM IF APPLICABLE; OTHERWISE DELETE FROM RFP AND TABLE OF CONTENTS]
[OTHER ATTACHMENTS MAY BE INCLUDED. SEE BELOW]
Owner’s Representative Services Matrix
Section I. General Information
Background
With 30 community and technical colleges and seven state universities, Minnesota State is the largest provider of higher education in the state of Minnesota. Minnesota State’s 54 campuses, conveniently located in 47 Minnesota communities, serve nearly 396,000 students. Fifty-eight percent of the state’s undergraduate students attend a Minnesota State college or university. It is the fifth-largest system of higher education in the country. For more information about Minnesota State Colleges and Universities, please view its website at
[INSERT GENERAL INFORMATION ABOUT THE COLLEGE/UNIVERSITY/SYSTEM OFFICE ISSUING THE RFP]
Nature of RFP
The Minnesota State Colleges and Universities Board of Trustees, on behalf of [insert the College/University’s official name], hereafter referred to as the “Owner”, is soliciting proposals from interested, qualified consultants, and intends to retain a professional consulting firm to provide Owner’s Representative services to assist with the design and/or construction coordination of the described facilities improvement(s), hereafter referred to as the “Project”. This RFP is undertaken by [INSERT NAME OF COLLEGE/UNIVERSITY/SYSTEM OFFICE] pursuant to the authority contained in provisions of Minnesota Statutes § 136F.581 and other applicable laws.
Purpose of this Request for Proposal
The purpose of this Request for Proposal (RFP) is to evaluate and select an Owner’s Representative (OR) to assist the Owner in the performance of its obligations and enforcement of its rights during the design and/or construction of the [insert Project name] located at [insert College/University’s official name] , [insert Campus location, city] , Minnesota. The Owner’s Representative shall work with the Owner’s appointed Project Manager, the Owner’s System Office Program Manager, the Architect/Engineer (A/E) design team, related consultants and the construction contractor(s) to administer the design and/or construction contract(s) on behalf of the Owner to assure that the Project is designed and constructed in accordance with the Minnesota State Design Standards and the Contract Documents and that the Project is completed on schedule, on budget and to a level of quality commensurate with the Owner’s requirements. OR services shall be provided more specifically as described in Section III, and also as referenced in the most current versions of the Owner’s standard General Conditions of the Contract for Construction (Minnesota State AIA Document A201/A201Cm@r, as amended by the Owner) and the Architect/Engineer-Owner contract, Standard Form of Agreement Between Owner and Architect, (Minnesota State AIA Document B101/B103CM@r, as amended by the Owner).
Project Budget and Fees
The estimated total Project cost is $ [insert Project Total Budget] This cost includes: all professional consultants, Architect/Engineer and Owner’s Representative fees and reimbursable expenses, site investigations and surveys, hazardous materials removals design and abatement, building and site construction, project management and fees, construction inspection and testing, furniture, fixtures and equipment, contingencies, art and inflation factors.
Final contract amount will be negotiated with the selected OR. The rates listed on the Owner’s Representative Services Matrix may be used by the Owner to add or deduct services to modify the contract as necessary.
Completion Date
[Specify completion date(s) for the task(s) and/or the contract(s) to be administered as part of the OR’s Responsibilities. Complete the schedule information listed in the Owner’s Representative Services Matrix.]
The Project’s estimated completion is within [insert number] months from the date of the construction contract Notice to Proceed letter.
General Selection Criteria
General criteria upon which proposals will be evaluated include, but are not limited to, the following:
[LIST ALL GENERAL SELECTION CRITERIA LISTED IN SECTION IV AT TIME OF RFP BEING ISSUED]
Accordingly, [INSERT NAME OF COLLEGE/UNIVERSITY/SYSTEM] shall select the vendor(s) whose proposal(s), and oral presentation(s) if requested, demonstrate in [INSERT NAME OF COLLEGE/UNIVERSITY/SYSTEM OFFICE]’s sole opinion, the clear capability to best fulfill the purposes of this RFP in a cost effective manner. [INSERT NAME OF COLLEGE/UNIVERSITY/SYSTEM OFFICE] reserves the right to accept or reject proposals, in whole or in part, and to negotiate separately as necessary in order to serve the best interests of [INSERT NAME OF COLLEGE/UNIVERSITY/SYSTEM OFFICE]. This RFP shall not obligate the [INSERT NAME OF COLLEGE/UNIVERSITY/SYSTEM OFFICE] to award a contract or complete the proposed project and it reserves the right to cancel this RFP if it is considered to be in its best interest.
Selection Process
The selection committeeincludes [LIST THE WORKING TITLES, i.e. CHIEF FINANCIAL OFFICER, OF THE PERSONS PARTICIPATING IN THE SELECTION PROCESS]. This group will evaluate the proposals and make the final decision.
Selection and Implementation Timeline
[LIST A PROPOSED TIMELINE SUCH AS THE EXAMPLE BELOW.]
[Date]Publish RFP notice in State Register
[Date]Conduct pre-award vendor conference
[Date]Deadline for RFP proposal submissions
[Date]Review RFP proposals
[Date]Meet with individual responders (if applicable)
[Date]Complete selection process
[Date]Deadline for executing contract
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Contract Term
The successful vendor will be required to meet all the terms and conditions and execute theMinnesota State Owner’s Representative Contract. [INSERT NAME OF COLLEGE/UNIVERSITY/SYSTEM OFFICE] desires to enter into a contract with the successful vendor(s) effective [INSERT SPECIFIC DATE]. The length of such contract(s) shall be [X YEARS]. If [INSERT NAME OF COLLEGE/UNIVERSITY/SYSTEM OFFICE] and the vendor is unable to negotiate and sign a contract by [INSERT SPECIFIC DATE],then [INSERT NAME OF COLLEGE/UNIVERSITY/SYSTEM OFFICE] reserves the right to seek an alternative vendor(s).
Parties to the Contract
Parties to this contract shall be the “State of Minnesota, acting through its Board of Trustees of the Minnesota State Colleges and Universities on behalf of [INSERT NAME OF COLLEGE/UNIVERSITY/SYSTEM OFFICE] and the successful vendor(s).
Contract Termination
The State of Minnesota, acting through its Board of Trustees of the Minnesota State Colleges and Universities, may cancel the contract(s) upon 30 days written notice, with or without cause. [COLLEGE/UNIVERSITY/SYSTEM OFFICE MAY WISH TO IDENTIFY OTHER TERMINATION CRITERIA FOR VENDOR(S)]
Definitions
Wherever and whenever the following words or their pronouns occur in this proposal, they shall have the meaning given here:
Minnesota State: State of Minnesota, acting through its Board of Trustees of the Minnesota State Colleges and Universities on behalf of the system office and/or any Minnesota State College or University (C/U).
Minnesota Statesystem office: The central administrative system office of Minnesota State Colleges and Universities located at; 30 7th Street East, Suite 350, St. Paul, Minnesota, 55101.
College/University(C/U): The specific Minnesota State college or university for which the Project will be designed and constructed.
Responder/Respondent: A firm which replies to this RFP.
Vendor: The firm selected by Minnesota State as the successful Responder responsible to execute the terms of a contract.
[LIST OTHER DEFINITIONS IF APPROPRIATE AND APPLICABLE TO THE RFP]
Applicable Law
A contract entered into as a result of this RFP shall be governed and interpreted under the laws of the State of Minnesota.
OR.15Page 1 of 3010/18/16
Contract Assignment
A contract or any part hereof entered into as a result of this RFP shall not be assigned, sublet, or transferred directly or indirectly without prior written consent of the [LIST APPROPRIATE TITLE, i.e. COLLEGE/UNIVERSITY PRESIDENT OR CHIEF FINANCIAL OFFICER].
Entire Agreement
A written Owner’s Representative Contract and any modifications or addenda thereto, executed in writing by both parties constitutes the entire agreement of the parties to the contract. All previous communications between the parties, whether oral or written, with reference to the subject matter of this contract are void and superseded. The resulting contract may be amended at a future date in writing by mutual agreement of the parties.
Sample Contract Agreement
A sample Owner’s Representative Contract may be viewed and downloaded at 4. Designers & Consultants Selection & Contracts.
Deviations and Exceptions
Deviations from and exceptions to terms, conditions, specifications or the manner of this RFP shall be described fully on the vendor's letterhead stationery, signed and attached to the proposal submittal page(s) where relevant. In the absence of such statement the vendor shall be deemed to have accepted all such terms, conditions, specifications and the manner of the RFP. A vendor's failure to raise an issue related to the terms, conditions, specifications or manner of this RFP prior to the proposal submission deadline in the manner described shall constitute a full and final waiver of that vendor's right to raise the issue later in any action or proceeding relating to this RFP.
Pre-award Vendors Conference
[INSERT ALL APPLICABLE PRE-CONFERENCE INFORMATION. SEE EXAMPLE BELOW.]
Minnesota State will hold a pre-award vendors conference on [insert day of the week and date]from [insert start time, am/p.m.] CT in [insert room location] at [insert name of College/University, address and city], MN. It is recommended all potential or interested responders attend the conference.
Duration of Offer
All proposal responses must indicate they are valid for a minimum of sixty (60) calendar days from the date of the proposal opening unless extended by mutual written agreement between [INSERT NAME OF COLLEGE/UNIVERSITY/SYSTEM OFFICE] and the vendor.
Prices and terms of the proposal as stated must be valid for the length of the resulting contract.
Authorized Signature
The proposal must be completed and signed in the firm's name or corporate name of the vendor, and must be fully and properly executed and signed in blue or black ink by an authorized representative of the vendor. Proof of authority of the person signing must accompany the response.
Proposal Rejection and Waiver of Informalities
This RFP does not obligate the Minnesota State Colleges and Universities, its Board of Trustees or [INSERT NAME OF COLLEGE/UNIVERSITY/SYSTEM OFFICE] to award a contract or complete the proposed project and each reserves the right to cancel this RFP if it is considered to be in its best interest. [INSERT NAME OF COLLEGE/UNIVERSITY/SYSTEM OFFICE] also reserves the right to waive minor informalities and, not withstanding anything to the contrary, reserves the right to:
1.reject any and all proposals received in response to this RFP;
2.select a proposal for contract negotiation other than the one with the lowest cost;
3.negotiate any aspect of the proposal with any vendor;
4.terminate negotiations and select the next most responsive vendor for contract negotiations;
5.terminate negotiations and prepare and release a new RFP;
6.terminate negotiations and take such action as deemed appropriate.
Section II. Parties to the RFP
[INSERT NAME OF COLLEGE/UNIVERSITY/SYSTEM OFFICE]
Section III. Vendor Requirements
[LIST ALL VENDOR REQUIREMENTS THAT WILL BE INCLUDED IN THE “CONTRACTOR’S DUTIES” OF THE CONTRACT, REMOVE THOSE DUTIES AND RESPONSIBILITIES A THROUGH AA THAT DO NOT APPLY]
Owner Representative’s services as listed below will be provided by utilizing the Owner’s enterprise project management system. Owner’s Representative Duties and Responsibilities shall include:
Overall Coordination______
- Provide required services between the Owner, the A/E design team, consultants and the construction contractor(s) as necessary related to the design and/or construction of the Project. The OR shall report to the campus Project Manager and, as authorized, act on behalf of the Owner. The OR is a consultant and not a Minnesota State or State of Minnesota employee. The OR has no authority to enter into any contracts or otherwise legally obligate the State of Minnesota, Minnesota State, or Minnesota State institutions. All approval and signature authority for expenditure of funds rests with the Owner and its duly authorized designee(s).
- Coordinate major elements of design and/or construction with the campus’ schedules and activities to minimize disruptions. Provide overall schedule to Owner using the Critical Path Method (CPM) scheduling method on a monthly basis. The schedule shall include as a minimum: Pre-Construction, Design, Construction, Testing and Inspection, Occupancy, Owner install furnishings and equipment, substantial completion, punch list, closeout, and warranty.
- Review and have a working knowledge of Minnesota State AIA B101/B103CM@r Agreement with the Architect and the AIA 201 General Conditions.
- Coordinate the completion and documentation of the Minnesota State B3 Guidelines as the Guideline Leader on behalf of the Owner. ( [Contact your Minnesota State Program Manager to determine if B3 Guidelines apply.]
Design______
- Review Project [Schematic Design, Design Development and Construction Documents – [select applicable design phases] documentation and cost estimates prepared by the A/E design team for conformance with Minnesota State Design Standards, Minnesota State Project Budget Worksheet, constructability, and code compliance and document to the Owner any issues. Evaluate and recommend opportunities for Value Engineering.
- Recommend and assist the Owner in hiring of site/property survey firm, geotechnical engineering firm, hazardous material survey and design firm, commissioning agent and design review consultant(s) services as necessary to assure conformance to Minnesota State Design Standards.
Bidding______
- Assist with the preparation of final Bidding Documents; attend pre-bid, bid and post-bid meetings; and assist in the evaluation of bids for construction.
- Review insurance, bonds, and submittals; recommend to the Owner issuance of Notice to Proceed (NTP).
Construction______
- Assist the Owner in hiring inspection and testing consultant(s) services as necessary to assure conformance to Minnesota State Design Standards, Quality Assurance plan and contract documents. Coordinate and evaluate proposals for services and obtain Owner purchase orders or contracts for same. Ensure that all required inspection and testing is performed to standards and as scheduled. The Owner’s other consultants and contractors may include, but are not limited to the following:
Construction Testing and Inspection services firm
Abatement Contractor
Waterproofing Consultant
Masonry Flashings Consultant
Exterior Windows and Curtain Wall Consultant
Mechanical and Electrical Systems Commissioning Consultant
Building Temperature Control Systems Consultant