request for proposals - tulalip tero tulalip tribes of washington construction document control o...

The Tulalip Tribes of Washington


REQUEST FOR PROPOSALS

FOR CONSTRUCTION MANAGER AT RISK SERVICES

FOR THE TULALIP JUSTICE CENTER PROJECT

September 30, 2016

1.0 INTRODUCTION

In support of their Tulalip Justice Center Project, The Tulalip Tribes of Washington ("Tribes")

are offering this single phase solicitation for Construction Manager at Risk Services (CMAR).

The project design phase is under way and project completion is slated for early 2018. The

project scope includes all development for the proposed site of approximately six acres,

construction of the proposed two story, 62,000+/- SF Justice Center and construction of a

portion of 93rd St. The Justice Center will house the Tulalip Tribal Court, the Tulalip Police

Department and the Quil Ceda Village Administration. The project site will be located at the

intersection of 27th Ave, NE and the future 93rd St. NE. The construction budget for the project

is $18M including CM fees and contingency. Occupancy is anticipated in early 2018.

The project design process is ongoing with the following consultant teams:

o Architect of Record – Freiheit & Ho

MEP - Sazan Group

Structural – KPFF

Landscape – Nakano Assoc.

o Survey – PSE

o Civil Design - KPFF

Geotechnical – Hart Crowser

2.0 MANDATORY TERMS

All offers should be preconditioned on the following:

Acceptance of Tribal Sovereign Immunity and dispute resolution in Tulalip Tribal Court

CMAR will be precluded from self-performance except for safety and site housekeeping

tasks

3.0 SCOPE OF SERVICES

Services under this solicitation are anticipated to be divided into two major segments. The first

segment will include all preconstruction services. Preconstruction phase services are

anticipated to include but not be limited to the following:

Provide qualified construction professionals with requisite skills and experience at

appropriate times and intervals to constructively collaborate with the Tribe, the Architect

and Engineers and other third parties for the successful completion of the project

Attendance at weekly project review meetings

o Prepare, organize and distribute regular meeting minutes

o Record and track action items and responsibilities

Evaluate Owner’s preliminary designs, schedule and construction budget requirements,

each in terms of the other.

Provide recommendations with regard to accelerated or fast-track scheduling,

procurement, or phased construction.

Management of “early construction” package

Periodic Cost Estimating / GMP Prep in accord with major design review milestones

Project scheduling and sequencing of the work

Develop potential bidders

Conduct pre-bid conferences and bid openings

Assist in permitting and permit acquisitions

Assessing and recommending site logistics requirements

Planning for implementation of safe work practices and requirements for construction

As time is of the essence in this project, phasing and coordinating the design and

construction schedule to fast track the Project as much as possible within the Owner’s

budget

Developing a Guaranteed Maximum Price as early as possible but no later than the

Architect’s Design Development milestone on an open book basis with robust cost-

estimating and budgeting services;

Determining and reconciling constructability issues and performing constructability

analysis of the design documents prior to subcontract procurement;

Assessing alternative design and construction options for cost savings;

Identifying products for Value Engineering (VE) and engineering systems for life cycle

cost design considerations and recommending all work necessary to support their

implementation;

Developing the subcontractor bid package plan in accordance with The Tulalip Code,

Chapter 9.05 - TERO Code;

Submitting applicable Bid Packages for subcontracted work to the Owner for review and

approval prior to advertising for bid; and

Submitting applicable subconsultant and subcontractor Qualifications to Owner for review

and approval prior to award of subcontracted work.

In addition, the CMAR must be familiar with the local labor and subcontracting market and be

capable of collaborating with subcontractors to generate viable pricing alternatives.

The second phase of services are anticipated to include all construction management tasks

including but not limited to the following:

Continuation and completion of all preconstruction phase services

Bid Package Prep and Contractor De-scoping

Subcontract Management / TERO dispute resolution

Project Budget Control and Change Management


Construction Document Control

o RFI’s

o Submittal Processing

Construction Quality Control

Project Safety

Utility coordination

Post Construction

Project Close-out Documentation

o As-built Documentation

Release of Liens

Warrantee Management

It is the objective of the Tribes to maximize the tribal member benefit through subcontracting

and employment opportunities through-out this Project. For more information about The Tulalip

Code, Chapter 9.05 – TERO Code, contact The Tulalip Tribes’ TERO Department at 6406

Marine Drive, Tulalip, Washington 98271, Office (360) 716- 4747 or Facsimile (360) 7160249.

The Tulalip TERO Code is available for review on the Tulalip TERO website:

www.tulaliptero.com .

4.0 SUBMITTAL REQUIREMENTS

In response to this solicitation please provide the following qualifications:

1. General experience of the firm

a. CMAR project of similar scale and budget (2 to 5 projects with-in the past five

years)

i. Project name & location

ii. Project start and completion dates

iii. Project description and services provided

iv. Describe the project outcome as compared to the owner’s expectations

v. Owner reference and contact information

vi. Design team reference and contact information

b. Experience in tribal construction

i. Specific TERO subcontractor management experience

c. Bonding capability

2. Personnel capabilities

a. Proximity of staff and per diem arrangements

b. Proposed project executive experience

c. Proposed PM staff

i. What disciplines will be offered

ii. What commitment to the project is anticipated

iii. When are Key PM’s committed

iv. Resumes’ and qualifications of key staff

3. Any project suspensions or terminations

4. Any actual or liquidated damages in the last five years

http://www.tulaliptero.com/





5. Any surety payments on your account

6. Any pending actions for breach of contract

7. Provide Workers Comp EMR

8. Any OSHA violations or failures with-in the past 5 years

9. Statement as to why firm should be selected

4.1 COST PROPOSAL

Under separate cover submit a single copy of your cost proposal along with one electronic copy

in response to the following terms.

Compensation under the proposed agreement will be as follows:

Preconstruction phase – Time and Materials based upon a not to exceed estimate

provided by the CMAR. CMAR shall agree to complete all preconstruction tasks within their

estimated cost.

Construction phase – Percentage of GMP plus a share of any underrun.

As part of your submission, please provide your estimated cost for preconstruction services and

your proposed percentage fee for construction phase services.

4.2 SUBMITTAL INSTRUCTIONS

The body of the submittal shall be organized in accordance with the Evaluation Criteria.

The body of the submittal, when printed, shall be a maximum of 20 pages. A “page” shall be

defined as (when printed) one single-sided piece of 8.5 x 11 inch paper that has words, charts,

tables, pictures, or graphics. The font shall be no smaller than 12 point type.

Documents that are not included in the page count are limited to the following:

• Cover letter, which shall be limited to 2 pages

• Statement of Proposer’s ability to meet the bond and insurance requirements for the

Project

• Divider tabs and/or cover pages, provided that they contain no substantive content

Submissions that exceed the page limit may be rejected. The Tulalip Tribes, at its sole

discretion, reserves the right to remove pages from the sections of any non-conforming

submissions to bring each nonconforming submittal within the page count requirement.

Proposers shall submit the following:

1. Six (6) bound copies,

2. One (1) pdf copy submitted on a CD/DVD or USB memory device, and

3. One (1) unbound original


4.3 SUBMITTAL DEADLINE

Submissions containing the information and documentation requested in this RFP must be

received at the Quil Ceda Village office no later than 2:00 p.m. on October 17, 2016. Submittals

sent by mail or courier shall be sent to the address below. Faxed or e-mailed submittals will not

be accepted.

Carl Romig, Construction Manager

8802 27th Ave NE

Tulalip, WA 98271-9694

[email protected] 360.716.5029 (Office)

610.764.1864 (Cell)

Any addenda issued for this RFP will be issued those entities submitting a response to this

initial solicitation.

5.0 KEY PRINCIPALS

1. TERO Participation: Native American participation in both employment and contracting

on the Project is paramount. The CMAR selected will be required to develop a plan for

maximizing TERO Participation in subcontracting and employment and for monitoring

and enforcing subcontractor TERO participation requirements during construction. The

TERO Contractor participation shall be a minimum of 25%, and the TERO Contractor

participation for Tulalip NAOB shall be minimum of 15%.

2. Building Information Modeling (BIM): Building Information Modeling is a tool that will

provide value to this Project. The design team will be designing the Project using 3D

CAD (or virtual design) software. As such it is vital that the CMAR be fluent in the use

of BIM software. From the commencement of design through building commissioning

and final completion, the design team and the CMAR will use BIM as a tool for

collaboration, information sharing, estimating, planning and coordination.

3. Design Assist: The Tribes expect that the CMAR will contract with key subcontractors

(mechanical, electrical, structural, and potentially others) during the initial phase of the

Project to provide early collaboration in detailing and coordination of the construction

documents.

4. Cost Estimating: Early in the design phase, the CMAR team will collaborate in the

development of a cost model that will establish the initial budget parameters and controls

for all of the project components and systems. This will establish the baseline for all

future cost estimating efforts and evaluation of the project design against the project

budget.

5. Design Deliverables: As the design progresses, the content, format, schedule and

review process of the design deliverables will be established by a collaborative effort

between the Tribes, the Design Team and CMAR Team in accordance with the needs

of the Project. This collaborative effort shall be guided by the principles of eliminating

waste, minimizing costs, maximizing efficiency, and achieving the Owner’s program and

quality objectives.

6.0 SELECTION AND AWARD PROCESS

The process for selection of the CMAR and negotiating the Contract (“Contract”) is anticipated

to be as follows:

1) All CMARs must meet the minimum qualifications set forth in Section 7.1 below.

2) NAOB’s submitting proposals shall submit evidence of certification from the Tulalip Tribes’

TERO office as being a certified NAOB or Tulalip Tribal Member NAOB with their Submission.

3) The firms submitting Qualifications will be scored and ranked on the basis of the evaluation

criteria set forth in this RFP. If the Owner receives more than three submissions, the Owner

reserves the right to evaluate the Proposers’ past experience in response Section 7.2 below

and create a short list from the highest scored Proposers.

4) After evaluating the Proposer’s qualifications pursuant to Section 7.2 below, the Owner will

evaluate the Proposer’s proposed management plans for this Project submitted pursuant to

Section 7.3 below. If the Owner creates a short list, then the Owner will only evaluate the

proposed management plans from the short listed Proposers, and only the short listed

Proposers may be invited to participate in the interview if conducted.

5) The Tulalip Tribes reserve the right to check references of the Firm(s) at any time during the

selection process. Should the information obtained during the reference checks cause

concern regarding the firm’s past performance or their ability to successfully perform the

contracts to be executed based on the requirements of this RFP, the Tulalip Tribes have the

sole discretion to determine whether a firm is qualified for the Project. References checked

by the Owner can include The Tulalip Tribes, provided the firm has performed past project

with the Tulalip Tribes, and others whether specifically listed by the proposing firm or not.

6) The Owner will initiate contract negotiations with the Firm with the highest score at the

conclusion of the Interview.

7) If a Contract cannot be mutually reached by both parties and contract negotiations are

terminated, the Owner may initiate negotiations with the second highest scored Proposer.

This process shall continue until the Owner successfully negotiates a contract for the

Project or terminates the procurement process. Proposers shall not be entitled to other

compensation, damages, loss of profits, or payment of any kind resulting on the failure to

enter into a contract.

8) The Proposers’ submittals will be evaluated based on the evaluation criteria set forth below

and the following considerations:

a) The extent to which the Proposers demonstrate how their past experience as well as their

specific proposed plans for this project will benefit the Owner and its objectives; and

b) The differentiating resources that the Proposer and its team will provide to this Project.

9) Identification of Projects. For each project identified in the submission, provide the following

information. The information can either be provided in a separate section or in the narrative

for each example project. The Proposer is responsible for ensuring that contact information

is correct. The projects will not be scored separately. Rather, the projects will be scored in

the context of the criteria above.


a) Name of project;

b) Owner/Customer;

c) Location of project (include address);

d) Description of the delivery method and integration of design and construction as well as

identification of the firm(s) role as a prime consultant, subconsultant, contractor,

subcontractor or other;

e) Project description, applicability and relevance of the referenced project to the evaluation

criteria for this Project.

f) Name of each Key Team Member who is proposed for this Project who played a

significant role on the project example, including a description of their project

responsibilities and functions;

g) The initial contract price, the final contract price, and an explanation for any difference

between the two amounts;

h) The initial date scheduled for substantial completion, the actual date of substantial

completion, and an explanation for any difference between the two dates; and

i) Project contact of the owner or customer (current address, e-mail, and phone number)

who can verify the characteristics of the submitted project example.

10) For the purpose of selecting and evaluating Proposers, the evaluation criteria will be given

the following relative weights:

Qualifications Total Points: 100

Team Organization 25 percent

Demonstrated History of

Successful Projects of Similar

Scope and Complexity

25 percent

Cost 50 percent

8 The Tulalip Tribes of Washington

Project

Management

Plan

Total Points 100

Overall Management

Approach

15 percent

Project Controls, Cost

Tracking and GMP

Development

10 percent

Collaboration and Integration 25 percent

Design Assist and

Management

15 percent

Project Sequencing and

Scheduling

20 percent

TERO Participation 15 percent

Interviews Total Points 50

7.0 SUBMISSION EVALUATION CRITERIA

All Submissions received by the date and time stated in this RFP will be reviewed by a selection

committee. The selection committee will review and evaluate technical Submissions against

the following criteria.

1. Minimum Qualifications Statement of Proposer’s Ability to Provide Performance and

Payment Bond (Pass/Fail)

As a mandatory minimum requirement the Proposer must have the ability to obtain a

performance and payment bond in the amount of $25 million. Proposer shall provide a

letter signed by an authorized representative of Proposer’s surety company (or agent)

confirming that the Proposer can meet this minimum requirement. Any Proposer who

fails to meet this mandatory minimum requirement will be considered non-responsive

and will not be considered further by the Owner in this Procurement process. The surety

shall be a company authorized to conduct business in the state where the Project is

located with a minimum rating of A-V or better. Letters indicating “unlimited” bonding

capability are not acceptable.

2. Proposer’s Experience and Qualifications

The submission shall demonstrate the CMAR Team’s ability to undertake the Project by

providing the following qualifications of the Proposer firm, and individual Key Team

Members. The inability to contact a reference may have a detrimental impact on the

evaluating qualifications. Emphasis will be placed on experience and expertise in

performing substantive work on projects that are of Similar Scope and Complexity.


Projects of Similar Scope and Complexity are defined as Projects that had completion

dates within the last 5 years and that have many or all of the following characteristics:

• Projects for Native American Tribes and, more specifically, projects with TERO

requirements;

• Projects of a similar size and budget that include design and construction of

Tribal Justice Centers;

• Projects that involve the Court and Police elements;

• Projects that utilize an integrated delivery method that require strong

coordination and integration of the design and construction professionals and

early involvement of the construction professionals during design; and

• Projects where the CMAR was selected prior to the establishment of the final

price and schedule and where the CMAR collaborated with the Owner to

develop the final price and schedule.

The Owner reserves the right to award more points to projects that have more of the

characteristics in the definition of Projects of Similar Scope and Complexity. The Owner

also reserves the right to award more points to successful projects in which Proposer

and/or individual Key Team Members had substantial responsibility for their respective

scopes of work.

A. Team Organization

1) Provide an organization chart (showing Team Members, Key Team Members and

their firm affiliation) for all phases of the Project from design through final acceptance

and warranty and maintenance period. Identify specific individuals for key functions

and show interrelationships and reporting hierarchy. Note whether individuals are

performing multiple functions. At a minimum, identify the Key Team Members

performing the functions identified below. To the extent that the CMAR has additional

Key Team Members on their team, the CMAR should include those individuals.

a) Person responsible for the overall management of the project and CMAR

contract;

b) Person responsible for overall construction management;

c) Person responsible for on-site field supervision and direction and construction

(Superintendent);

d) Person responsible for safety;

e) Building Information Modeling manager;

f) Person responsible for cost controls and budgeting;

g) Person responsible for sequencing and scheduling; and

h) Person responsible for systems testing, configuration, and commissioning.

2) Provide a resume for all Key Team Members. Resumes should be no longer than 1

page and should include the following information:

a) Description of the individual’s proposed Project role;


b) Identification of employer and number of years employed by the firm;

c) Educational background, professional licenses, and/or certifications;

d) Description of the individual’s experience on Projects of Similar Scope and

Complexity and how their experience will benefit this Project;

e) The individual’s billable rate;

f) Based on the information available to the CMAR, proposed percentage of time

that the CMAR intends to assign this individual to the Project during both design

and construction.

3) Provide the proximity to project location for each Key Team Member.

B. Demonstrated History of Successful Projects of Similar Scope and Complexity

1) Describe the Team’s experience in successfully managing Projects of Similar

Scope and Complexity that include management and communications of an

integrated team of design consultants, specialty subcontractors, and trade

contractors. Include a description of any issues or problems that arose on the

projects and how those issues or problems were resolved.

2) Describe the Team’s experience in developing integrated design and construction

schedules for Projects of Similar Scope and Complexity.

3) Describe the Team’s experience in developing and/or managing costs within a

Guaranteed Maximum Project.

4) Describe the Team’s experience working together and/or describe the steps the

Team has taken to promote integration and a collaborative working environment.

The Owner reserves the right to award more points to those teams who have

experience working together in a collaborative delivery model.

C. Experience Mentoring NAOB or Small Business Entities

1) Describe the CMAR’s experience in collaborating with and mentoring NAOBs.

2) Describe actions taken by the CMAR in the past 5 years to provide NAOB or small

business entities with opportunities to compete for and work on projects managed

and/or constructed by the CMAR. For each project (a) describe in detail the

outreach process taken by the CMAR; (b) identify the percentage utilization of

NAOB or small businesses; and (c) describe the approach to packaging

subcontracted work, including the specific strategy that delivered those results

3. Proposer’s Project Management Plan

A. Overall Management Approach 1) Describe the Proposer’s overall management approach to the Project. In

responding to this evaluation factor, Proposers should address the following:

i) What strategies will the Proposed CMAR Team employ to achieve a thorough

and clear understanding of the Owner’s goals and objectives.

ii) Based on the information provided in the RFP, what is the Proposed CMAR

Team’s current understanding of the goals and objectives of this Project.


2) Identify three (3) key challenges to the Project, and, for each challenge

identified, propose a strategy to mitigate the potential negative impacts of the

challenge.

3) Identify any unique approaches, strengths and/or differentiating resources

(including specific Key Team Members) that will assist the Proposed CMAR

Team to implement the strategy and assist the Owner in achieving its goals.

B. Project Controls, Cost Tracking and GMP Development

1) Describe the CMAR’s processes and tools for monitoring, reporting and

managing cost, including but not limited to:

i) Design to budget control and reporting processes.

ii) Scope, cost, and schedule baseline development and

management/change control processes and the participation and

interaction among the scheduling and estimating teams, project, design,

construction and operations management teams to execute these

processes.

iii) Risk management processes and how quantified risk cost and schedule

values are factored into the cost and schedule baseline, projected cost and

schedule performance, and cash flow reporting.

iv) Cash flow reporting processes and basis for monthly cash flow estimated

values.

v) Document control system integration with work breakdown structure and

responsibility assignment matrix or organizational structure.

2) What are the primary challenges with respect to project controls and how

will those challenges be met?

3) Describe the CMAR’s processes and tools for developing a Guaranteed

Maximum Price and addressing such issues as:

i The optimum time to establish the GMP

ii How the GMP will be calculated

iii How the CMAR proposes to deal with unknown issues such as

contingencies, allowances and escalation factors

iv The CMAR’s conceptual estimating process

v Input from specialty contractors

vi The primary challenges in establishing the GMP

vii The differentiating resources of the Proposed CMAR Team that will

meet the challenges of establishing the GMP.


C. Collaboration and Integration

One of the primary goals for the Project is to create a highly functioning,

collaborative and integrated team as early as possible and to incorporate the

Owner’s staff and consultants as part of that team.

(a) Explain the CMAR Team’s approach to creating a collaborative environment

for the Project.

(b) Describe how will the CMAR Team engage the Project Stakeholders and

incorporate their input into the Project.

(c) Provide the CMAR’s approach to conflict resolution between the Owner and

the CMAR and among members of the CMAR Team.

D. Design Assist and Management

1) Describe the CMAR Team’s overall approach to design assist and management

for the Project. Include a description of the design assist process and the

communications between the Owner, the design team and the CMAR during this

process.

2) Identify the challenges in developing the design assist process for the Project and

how the CMAR Team will address those challenges.

3) Provide details regarding the tools used in the design assist process, including

Building Information Modeling, and how those tools will assist the CMAR in

achieving those goals.

4) Describe the Proposed CMAR Team’s approach to value engineering for the

Project.

5) Describe the Proposed CMAR Team’s process for managing quality assurance

and quality control during the design process and identify the Key Team Members

that will be tasked with the review and coordination of all phases of design

documents.

6) Describe the Proposed CMAR Team’s approach for managing the permitting

process.

E. Project Sequencing and Scheduling

1) The schedule should meet the Owner’s estimated completion date, promote

efficiency and have the least amount of impact on Owner operations and the

Project Stakeholders as possible. Describe the proposed CMAR Team’s overall

approach to scheduling and sequencing for the Project. In addition to the overall

approach, include a description as to how the CMAR Team will address

regulatory and stakeholder approvals for the permitting process.

2) Provide a proposed schedule for the project and include major milestones such

as anticipated design assist, construction start, and substantial completion dates.

a) Describe the assumptions under which the proposed schedule was based,

including proposed durations, sequencing and logic and skilled labor

availability for determining manpower projections.


b) Describe how the proposed CMAR Team will utilize the project schedule and

interim (look-ahead) schedules and how these two tools correlate.

c) Describe the Proposed CMAR Team’s procedures and processes for

updating the schedule including the frequency of updates and how the

quality and accuracy of those updates will be managed and presented as

part of the project deliverables.

d) Identify the challenges in scheduling the construction for the Project and how

the CMAR Team will address those challenges.

3) Provide details regarding the tools and methodology of the development of the

baseline schedule including durations, sequencing, logic and skilled labor

availability for determining manpower projections and how those tools will assist

the CMAR in achieving those goals including but not limited to:

a) Building Information Modeling; and

b) Administration of the consultants, subconsultants, and subcontractors.

4) Describe the CMAR Team’s commitment to and safety and what innovations the

Team will bring to the Project to enhance safety.

5) With respect to the CMAR Team’s QA/QC plan, provide the following information:

a) The process and Key Team Members that will be tasked with the

review and coordination of all submittals/shop drawings

b) The process and Key Team Members that will be tasked with

assessing the craftsmanship and workmanship by all trades and

verify that all materials installed are per the approved submittals and

shop drawings; and

c) How mock-ups will be used to determine the level of craftsmanship

and workmanship required to meet the requirements of the Owner.

F. TERO Participation and Mentorship

One of the goals of this Project is to provide opportunities for Tulalip NAOBs to

participate in this Project and gain substantive experience with CMAR projects.

Describe the CMAR’s approach to providing such opportunities, including but not

limited to the CMAR’s plan to mentor Tulalip NAOBs, and provide other employment

and subcontracting opportunities for TERO preferred businesses on the Project.

Describe the proposed project team’s experience working with TERO offices (Tulalip

and other Tribes) on past projects. Identify any TERO preferred businesses

proposed by the Proposer who will be working on the Project and any commitment

to exceeding the minimum percentage of TERO preferred businesses and

subcontractor involvement on the Project and describe how this will be achieved.

8.0 INTERVIEW:


After reviewing the Submissions, the selection committee may choose to conduct interviews. If

the Owner creates a short list, then the Owner will only interview firms on the short list. Prior to

the interview references will be checked by the selection committee.

Proposers should restrict the attendees to those people who will perform substantive work on

the Project.

At a minimum, attendees should include the individuals with the responsibilities identified in

Section 7.2.A.1 above. In addition to presenting their qualifications, experience, and approach

to the project the Project Team will be expected to respond to questions from the selection

committee regarding the Submission as well as additional questions which the selection

committee may have. Oral responses during the interview are not binding on the Owner unless

followed up in writing.

Proposers shall create meeting minutes for the Interview and submit such meeting minutes

within 2 business days of the interview. The meeting minutes should be consistent with the

type of communications the Owner should expect during the project.

9.0 FINAL SELECTION

The Tulalip Tribes of Washington intend to select the CMAR Team that meets the criteria set

above from the Submission and the potential Interview. Final selection must be approved by

and shall be at the sole discretion of the Tulalip Tribes’ Board of Directors. The Tulalip Tribes

reserve the right to select any responsive and responsible Firm they determine qualified.

10.0 PRECONSTRUCTION PHASE WORK PLAN

Within seven (7) days of notification of its selection, the firm with the highest scoring Submission

will be required to submit a Preconstruction Phase Work Plan for Work during preconstruction.

If the Preconstruction Phase Work Plan is not satisfactory the Owner will advise the CMAR of

the shortcomings in the Preconstruction Phase Work Plan. The CMAR will not be entitled to

any compensation under this paragraph until a Preconstruction Phase Work Plan, satisfactory

to the Owner, is provided and an Agreement for Preconstruction Work is executed. Failure to

submit a Preconstruction Phase Work Plan within fourteen (14) calendar days of the CMAR

selection, that is acceptable to and approved by the Owner, may result in the Owner canceling

the CMAR selection. The Owner may then, at its discretion, begin discussions with the next

highest rank firm.

11.0 RESERVATION OF RIGHTS

The Tulalip Tribes of Washington reserves without limitation and may exercise at its sole

discretion, the following rights and conditions with regard to this Procurement process:

1) To cancel the Procurement process and reject any and all submissions and/or

Proposals;

2) To waive any informality or irregularity;

3) To revise the Procurement Documents and schedule via an addendum;

4) To reject any Proposer that submits an incomplete or inadequate response or is not

responsive to the requirements of this RFP;


5) To require confirmation of information furnished by a Proposer, require additional

information from a Proposer concerning its Submittal and require additional evidence of

qualifications to perform the work described in this RFP;

6) To provide clarifications or conduct discussions, at any time, with one or more

Proposers;

7) To contact references that are not listed in the Proposer’s Submittals and investigate

statements on the submissions and/or qualification of the Proposer and any firms or

individuals identified in the submission;

8) To consider alternative technical concepts and/or approaches identified by any

Proposer;

9) To take any action affecting the RFP process or the Project that is determined to be in

the Owner’s best interests; and

10) Approve or disapprove of the use of particular Subconsultants, Subcontractors, or Key

Team Members and/or substitutions and/or changes to Subconsultants,

Subcontractors, or Key Team Members from those identified in the submission or

Proposal, such approval or disapproval shall not be unreasonably exercised.

12.0 PRODUCT OWNERSHIP

All drawings, specifications and other documents and electronic data, including such

documents that are furnished by any proposer to Owner pursuant to this RFP (“Work Product”)

are deemed to be instruments of service and CMAR shall retain the ownership and property

interests therein, including but not limited to any intellectual property rights, copyrights and/or

patents, subject to the provisions set forth below. Notwithstanding the above, any portion of

any submission that consists of architectural and other design elements and specifications that

are unique to the Project will be the property of the Tulalip Tribes of Washington, including but

not limited to any intellectual property rights, copyrights and/or patents. Proposers shall

specifically designate those portions of the Work Product for which ownership in the Work

Product meet the above definition and that shall be transferred. Such grant and transfer are

conditioned on Owner’s express understanding that any alteration of the Work Product without

the involvement of the Proposer is at Owner’s sole risk and without liability or legal exposure to

the Proposer or anyone working by or through the Proposer, including Design Consultants of

any tier

13.0 LICENSING REQUIREMENTS

All individuals, businesses, entities, and organizations engaged in business activities on the

Tulalip Indian Reservation shall obtain a Tulalip Tribal Business License. This applies to all

contractors, subcontractors, materialmen, suppliers, and consultants, regardless of tier or

location, working on the project.

Design Professionals shall be licensed by the State of Washington.

Note: Any professional or business licenses required will be the sole cost and responsibility of

the CMAR.


14.0 SUBMISSION DEVELOPMENT COSTS

The Owner accepts no liability for the costs and expenses incurred by firms in responding to

this Procurement. Each Proposer that enters into the Procurement process shall prepare the

required materials, the submission and the Proposal at its own expense and with the express

understanding that it cannot make any claims whatsoever for reimbursement from the Owner

for the costs and expenses associated with the process.

15.0 SCHEDULE

The Tulalip Tribes anticipates the CMAR Team selection schedule will be as follows:

RFP Issued September 30, 2016

Questions Due October 7, 2016

Response to Questions Issued by October 12, 2016

Submissions Due October 17, 2016

Interviews (if determined) Week of October 24, 2016

Recommendation for Award Week of October 29, 2016

Questions must be delivered by electronic mail (e-mail). All requests for interpretation shall be

brought to the attention of the Construction Manager in writing no later than Question Due

date, indicated above. Questions should be addressed to:

Carl Romig, Construction Manager

8802 27th Ave NE

Tulalip, WA 98271-9694

[email protected] 360.716.5029 (Office)

610.764.1864 (Cell)

ATTACHMENTS

The following documents are included to provide additional project information:

Attachment A: Site Plan and Architectural Schematic Plans

Attachment B: Survey Plan and Topography

Attachment C: Draft Contract Form (to be modified through negotiation)