Request for Qualifications

RFQ No. ARENA1-CM (Step I)

AND

Request for Proposals

(Step II)

To Provide

Construction Management At-Risk (CM) Services

For

Classic Center Arena Construction

THE CLASSIC CENTER AUTHORITY (CCA) &

THE UNIFIED GOVERNMENT OF ATHENS/CLARKE COUNTY (ACC) Athens, Georgia

RFQ# CCA-ARENA1-CM

Solicitation Issue Date: February 5, 2021 Qualifications Packages Due: March 8, 2021, 2:00 PM

CCA RFQ/RFP No. ARENA1-CM Classic Center Arena

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TABLE OF CONTENTS

I. REQUEST FOR QUALIFICATIONS (RFQ) 1. GENERAL PROJECT INFORMATION 2. QUALIFICATIONS REVIEW PROCESS 3. SCHEDULE OF EVENTS (STEP I) 4. SUBMITTAL OF QUESTIONS AND REQUESTS FOR

CLARIFICATION 5. INSTRUCTIONS FOR PREPARING STATEMENTS OF

QUALIFICATIONS 6. SUBMITTAL OF STATEMENTS OF QUALIFICATIONS

7. FINALIST NOTIFICATION

II. REQUEST FOR PROPOSALS (RFP) from Qualified Finalists

1. CONTRACT INFORMATION 2. BUILDING PROGRAM 3. SCHEDULE OF EVENTS (STEP II) 4. PRE-PROPOSAL SITE VISIT (IF APPLICABLE) 5. SELECTION PROCESS 6. SUBMITTAL OF QUESTIONS AND REQUESTS FOR

CLARIFICATION AND EXTENSIONS 7. INSTRUCTIONS FOR PREPARING PROJECT PROPOSALS 8. INSTRUCTIONS FOR PREPARING FEE PROPOSALS 9. PRESENTATION / INTERVIEW INFORMATION 10. SUBMITTAL OF PROJECT PROPOSALS AND FEE PROPOSALS 11. ADDITIONAL TERMS AND CONDITIONS TO THE RFQ / RFP

EXHIBITS Exhibit “A” – Certification Form Exhibit “B” - Contractor Affidavit Under O.C.G.A §13-10-91(b)(1) Exhibit “C” – Disclosure Statement

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CCA RFQ/RFP No. ARENA1-CM Classic Center Arena

I. REQUEST FOR QUALIFICATIONS Construction Management-at-Risk (CM) Services

RFQ No. ARENA1-CM for

The Classic Center Arena Project Construction Athens, Georgia

The Classic Center Authority (“CCA”), an Authority of the State of Georgia, in cooperation with the Unified Government of Athens-Clarke County (ACC), is soliciting statements of qualifications from Construction Management / General Contractor (CM) firms interested in providing Construction Manager At-Risk services for the construction of a public arena to be constructed in downtown Athens, Georgia, known as CCA Project No. ARENA1, Classic Center Arena Project (“Project”). The Project is one of a set of capital improvement projects included in a Special Purpose Local Option Sales Tax (SPLOST) which was approved by voters on November 5, 2019. (The link to the SPLOST site for this project is as follows: SPLOST-2020-Final-Projects-and-Project-Statements (accgov.com)). This Request for Qualifications (RFQ) seeks to identify potential providers of the above-mentioned services. Some firms that respond to this RFQ, and who are determined by the CCA to be sufficiently qualified, may be deemed especially qualified and capable of delivering comprehensive construction services for the envisioned project, deemed eligible for further consideration by the CCA to provide these services as the Construction Manager At-Risk “CM”, and may be invited to interview and propose for these services as finalists. All respondents to this RFQ are subject to instructions communicated in this document and are cautioned to completely review the entire RFQ and follow instructions carefully. CCA retains the right to reject any or all statements of qualifications or subsequent submittals and/or proposals, and to waive technicalities, irregularities, and informalities, and retains the right to cancel or conclude this procurement at any time without selecting a firm to provide the described services, without any liability to any respondents, or any other person or entity, and is under no obligation to make an award relating to this RFQ/RFP to any person or entity. The final terms of any Construction Manager At-Risk Services Agreement contemplated by this procurement will comply with the final terms and conditions of the CCA; subject, in all cases, to strict compliance with the applicable laws and ordinances of the of the State of Georgia and Athens-Clarke County (ACC). Restriction of Communication: From the issue date of this (RFQ-RFP) solicitation until a successful proposer is selected and the selection is announced, proposers are not allowed to communicate for any reason with any members of the Selection Committee, the CCA, the ACC, or the Architect, except for submission of questions as instructed in the RFQ and RFP, or during the proposer's conference (if applicable), or as provided by any existing work agreement(s). For violation of this provision, the CCA reserves the right to reject the qualifications/proposal of the offending proposer.

1. GENERAL PROJECT INFORMATION

Project Background The CCA envisions a successful, iconic arena, harmonious with the charm of downtown Athens, that will provide for a variety of events and initial permanent seating for 5500 persons for events, including suites and other premium seating opportunities, as more fully described in the Program Information attached hereto as Attachment A. The arena will allow for expandable seating to 5,500 to 6000 permanent fixed seats, and, ultimately 7500 possible available seats (including portable seating) for marquee events such as large concerts. In addition, planning for the Project site shall include consideration of efficient pedestrian access, vehicle egress/ingress, VIP parking spaces and sufficient parking for customer teams, building tenants, and venue employees. The Project will be designed to host other events such as concerts and other music events, family shows, sports, public assembly events, stage shows, hockey and competitive sports tournaments, conventions, expositions, other amusement and entertainment attractions, and other special events. Likewise, it will have the requisite features and amenities to make it an attractive and competitive site with excellent acoustics for other major entertainment events, such as national touring performers and similar events of national prominence. Consideration is being given to the site being a home for a Music Hall of Fame attraction, and the design shall provide excellent incorporation of the attraction as required.

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The Project must include all accommodations required to operate a multipurpose public entertainment venue, including administrative and team offices, luxury suites, club seats, restaurants, club lounges and other premium areas, concessions, adequate security and operations offices and resources, commissary storage and kitchen, public washrooms, building receiving area/loading dock, adequate storage, employee lounge, building services area, engineering office and shop, ticket office and windows, adequate dressing room facilities, audio/visual control room, venue storage, rigging and catwalks to support multiple types of events, first aid & and disabilities assistance office, event office, trade show power facility space, production room(s), and other standard programmed space needed to support the Project. Furthermore, the Project must be in compliance with the Americans with Disabilities Act (“ADA”) and all state and local laws, codes, regulations and/or ordinances, and provide sufficient circulation space on concourses to minimize congestion while serving capacity or near-capacity crowds. The construction of the Project be carried out for durability and public and property safety and security, while maintaining the overall quality and aesthetics expected for modern venues of this nature. The sustainable building will feature state of the art technology, lighting, acoustics and building control systems. Project Delivery Method The delivery method for this Project will be construction manager at-risk (CM), and, at a minimum, will employ the services of a Design Professional and a Commissioning Agent, in addition to the services of a CM. Project Budget The preliminary Stated Cost Limitation (SCL) or construction cost of the Project is approximately $56,000,000. The final SCL may be revised by the CCA due to final programmatic requirements, funding availability or other circumstances. Parking facility construction services will be included, and cost may be in addition to the above figure to an extent, to be determined. Project Schedule The selected CM will immediately commence preconstruction services upon execution of a Construction Manager At-Risk Services Contract. The Design Professional’s services are anticipated to commence sooner, by February 2021, with construction documents anticipated for completion in Fall 2021. The start of construction is contingent on the completion of design and availability/flow of the funding, but the construction duration is expected to be no more than 20-22 months with substantial completion planned by August 1, 2023. (All of the dates above are estimates which are subject to change.) Sustainable Approach The project construction will incorporate, as a minimum, the requirements of the Energy Efficiency & Sustainable Construction Act of 2008 (O.C.G.A. 50-8-18) and it is the desire of the CCA to incorporate sustainable design and construction concepts in the project where feasible to do so. It is anticipated that the project sustainability goal will incorporate LEED certification, among other requirements to be communicated to finalists in this process.

2. QUALIFICATIONS REVIEW PROCESS

Selection of the CM will be a multi-step process. The CCA has enlisted the following appropriate resources for assistance in carrying out this process:

Project Procurement Director This individual shall be assigned by the CCA and will be responsible to the CCA and for the joint interests of the CCA and the ACC. This individual shall be the Issuing Officer and SOLE CONTACT during the solicitation and shall facilitate this procurement process in close coordination with the CCA, including posting of solicitations and notices, receipt of submittals and questions, coordination of review, evaluation, ranking recommendation, facilitation of meetings and interviews, and other duties up to, and throughout, the initial Step 1 and final Step 2 interviews of finalist firms, and negotiation and prospective execution of an Construction Management Services Agreement in close coordination with the CCA Project team.

Evaluation Committee

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This Committee shall be composed of qualified persons approved by the CCA and ACC to review and evaluate respondent firms’ statements of qualifications and other submittals, and interview qualified finalist firms. The Committee shall be comprised of qualified representatives or stakeholders of the CCA and the ACC. The Committee shall, through the procedures defined herein, perform the following: a) Ranking of all submitting firms for determination of finalists; b) Review any subsequent submittals and interview finalist firms; and, c) Ranking of finalist firms for determination of most qualified firm in the best joint interests of the CCA and the ACC. Step I - Qualifications Review, is initiated with this RFQ, which is issued for the purpose of acquiring Statements of Qualifications from prospective CM firms. A selection of finalist firms will be made by a Selection Committee. The Selection Committee will receive and review Statements of Qualifications submitted in response to this RFQ. To be deemed eligible for evaluation, firms must meet the following minimum qualifications: Minimum Qualifications Required

The firm or its principals are not currently ineligible, debarred, suspended, or otherwise excluded from bidding or contracting by any state or federal agency, department, or authority.

The firm or its principals have not been terminated for cause or currently in default on any public works contract.

Firm must have sufficient bonding capacity for anticipated total cost of work ($56,000,000). Only those sureties listed in the Department of Treasury’s Listing of Approved Sureties (Department Circular 570) are acceptable to the CCA. At the time of issuance, all insurance and bonds must be issued by a company licensed by the Georgia Insurance Commissioner to transact the business of insurance in the State of Georgia for the applicable line of insurance. Such company shall be an insurer (or, are qualified self insurers or group self insureds, a specific excess insurer providing statutory limits) with an A.M. Best Financial Strength rating of “A-“ or better and an A.M. Best Financial Size Category of Class V or larger.

The firm must have current Commercial General Liability Insurance coverage with minimum limits of $1,000,000 per occurrence and $2,000,000 general aggregate for premises and operations coverage, $1,000,000 per occurrence and $2,000,000 general aggregate for products and completed operations coverage, and $1,000,000 for personal and advertising injury coverage. Firm must also have current commercial umbrella liability coverage in the amount of at least $5,000,000 per occurrence and general aggregate. (The CCA reserves the right to require additional limits and/or coverage for actual contract.)

Firms must have all necessary, valid and current licenses to do business in the State of Georgia.

Firm must demonstrate sufficient cash flow to undertake the project as evidenced by a current ratio (assets/liabilities) of 1.0 or higher.

The firm must demonstrate a commitment to safety with regard to Worker’s Compensation by having a current Experience Modification Rating (EMR) of 1.2 or less.

The Selection Committee will then evaluate the submittals which have met the above minimum qualifications. Criteria for the evaluation are listed below: Criteria for Evaluation of Statements of Qualifications

25% Factor: Stability of the firm, including the firm’s corporate history, growth, resources, form of CCAship, litigation history, financials, etc.

40% Factor: Firm’s relevant project experience and qualifications, history of successful completion (exactly

as contracted and standing by the product) including the demonstrated ability of firm in effective management of construction of facilities comparable in complexity, size, and function, for CCAs such as the ACC, CCA, other similarly structured organizations. This includes relevant experience and qualifications of the firm’s principal Project Executive, Project Manager, and/or Superintendents, and the demonstrated proficiency of the firm in projects similar to this Project.

35% Factor: Firm’s suitability to provide services for project, including the firm’s apparent fit to the project

type and/or needs of the CCA and ACC, the firm’s creativity in suggesting and providing

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services any unique qualifications for the project, current and projected workloads, the proximity of office to project location (ability to gather resources in the Project area), non-discrimination policies, and record of addressing public safety, social, environmental concerns, accessibility for persons with disabilities and special needs, and special services for project-related concerns.

3. SCHEDULE OF EVENTS (STEP I)

The following Schedule of Events represents the CCA’s best estimate of the schedule that will be followed. All times indicated are prevailing times in Athens, Georgia. The CCA reserves the right to adjust the schedule as the CCA deems necessary.

4. SUBMITTAL OF QUESTIONS AND REQUESTS FOR CLARIFICATION

It is the responsibility of each respondent to examine the entire RFQ and RFP, to seek clarification in writing, and review its submittal for accuracy before submitting the document. Once the submission deadline has passed, all submissions will be final. The CCA reserves the right to ask for clarifications from all parties who have submitted qualifications. Questions about any aspect of the RFQ, RFP, or the project, shall be submitted in writing (e-mail is preferable) to the Project Procurement Director, Richard Sawyer e-mail: richard@classiccenter.com. The deadline for submission of questions relating to the RFQ is the time and date shown in the Schedule of Events (Section 3). All relevant and significant questions that have been submitted in writing prior to the deadline will be compiled, and answers will be posted to the project information on the Georgia Procurement Registry at http://ssl.doas.state.ga.us/PRSapp/, and on the CCA Website.

5. INSTRUCTIONS FOR PREPARING STATEMENTS OF QUALIFICATIONS

Interested firms shall submit one (1) electronic copy in .pdf format of the complete qualifications package in a single file. Submittals must be prepared in a manner that when printed would typically fit on standard (8 ½” x 11”) paper. (The entire response shall not exceed 40 pages. All pages count, no exceptions.) Submittals that include qualifications of more than one firm shall not exceed the page limits. Emphasis should be on completeness, relevance, and clarity of content. To expedite the review of submittals, it is essential that respondents follow the format and instructions outlined below.

STATEMENT OF QUALIFICATIONS

(DELIVERABLES “A”, “B”, and “C” FOR ALL FIRMS)

A. Description and Resources of Firm

A1- Provide basic company information: Company name, address, name of primary contact, telephone number, fax number, e-mail address, and company website (if available). If the firm has multiple offices, the qualification statement shall include information about the parent company and branch office separately. Identify office from which project will be managed and this office’s proximity to the project site. If applicable, indicate the year the local office was established and the number of persons staffing that office and their disciplines. Provide form of CCAship, including state of

STEP I (RFQ)

a. CCA issues public advertisement of RFQ 2/5/21 ----------

b. Deadline for submission of written questions and requests for clarification (See 4. Submittals of questions and request for clarification below)

2/12/21 2:00 PM

c. Deadline for submission of Statements of Qualifications 3/8/21 2:00 PM

d. CCA completes qualification evaluation and determines finalist firms 3/12/21 TBD

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residency or incorporation, and number of years in business. Is the offeror a sole proprietorship, partnership, corporation, Limited Liability Corporation (LLC), joint venture, or other structure? For joint venture entities that have not undertaken at least two projects together, each firm should submit its qualifications separately. Joint submittals are subject to the same submittal page limit.

A2- Briefly describe the history and growth of your firm(s). Provide general information about the firm's personnel resources, including disciplines and numbers and classifications of employees, and locations and staffing of offices.

A3- Has the firm been involved in any litigation in the past five (5) years? Describe your experience with litigation with CCAs and/or Architects. List any active or pending litigation and explain. List any claims against your firm or against CCAs where your firm is named.

A4- List the firm’s annual revenue, for the parent office and the local office separately, if applicable, for the past 5 years and supply main financial and banking references.

A5- Has the firm, or a member thereof, ever been removed from a contract or failed to complete a contract as assigned? If yes, provide explanation.

A6- The firm, in order to be deemed eligible for evaluation, must provide supporting documentation asserting that the firm meets the minimum qualifications required for this project

a. Certify that your firm has sufficient bonding capacity for anticipated total cost of work and

our surety and insurance companies are in the current Department of Treasury’s Listing of Approved Sureties (Department Circular 570). All insurance and bonds will be obtained through a company licensed by the Georgia Insurance Commissioner to transact the business of insurance in the State of Georgia for the applicable line of insurance. The company is an insurer (or qualified self-insurers or group self insureds, a specific excess insurer providing statutory limits) with an A.M. Best Financial Strength rating of “A-“ or better with an A.M. Best Financial Size Category of Class V or larger. Provide a letter or other supporting documentation from your firm’s surety indicating the firm has bonding capacity of $56,000,000.

b. Certify your firm has Commercial General Liability Insurance coverage with minimum limits

of $1,000,000 per occurrence and $2,000,000 general aggregate for premises and operations coverage, $1,000,000 per occurrence and $2,000,000 general aggregate for products and completed operations coverage, and $1,000,000 for personal and advertising injury coverage. Firm must also have current commercial umbrella liability coverage in the amount of at least $5,000,000 per occurrence and general aggregate (the CCA reserves the right to require additional limits and/or coverage for actual contract). Provide a copy of your current insurance certificate.

c. Certify your firm has all necessary, valid and current licenses (including a valid and current

Georgia General Contractor’s License) to do business in the State of Georgia. General Contractor must provide a valid and current Georgia General Contractor License at the time of submission of qualifications. Provide a Georgia Certificate of Existence or Certificate of Authority demonstrating your firm has registered with the Georgia Secretary of State and is authorized to do business in Georgia.

d. Certify your firm has sufficient cash flow to undertake the project as evidenced by a current

ratio (assets/liabilities) of 1.0 or higher. Provide no more than a one page statement evidencing your current ratio.

e. Certify your firm demonstrates a commitment to safety with regard to Worker’s

Compensation by having a current Experience Modification Rating (EMR) of 1.2 or less. Provide evidence from your firm’s carrier on their letterhead of your firm’s EMR.

A7- Provide the firm’s federal employer identification number and a completed IRS Form W9. A8 Complete the Certification Form (Exhibit “A” enclosed with RFQ) and provide a scanned notarized copy

with response as section “A8” of the firm’s Statement of Qualifications. A9- Complete and submit a “CONTRACTOR AFFIDAVIT UNDER O.C.G.A. § 13-10-91(b)(1)” (Exhibit “B”)

with response as Section “A9” of the firm’s Statement of Qualifications. A10-Complete and submit the “Disclosure Statement” (Exhibit “C”) with response as Section “A10” of the

firm’s Statement of Qualifications.

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B. Experience and Qualifications

B1- Provide professional qualifications and description of experience for principal Project Executive, Project Manager, and/or Superintendent. (At this stage, firms are asked for information on lead staff only, but may list qualifications and experience on more than one lead individual who is qualified and available for proposed project. If the firm is selected as a finalist, the CCA will request, in the RFP (step II), detailed information on the exact proposed expanded team and their relevant experience.)

B2- Provide information on the firm’s experience on projects of similar size, function, and complexity (similar type of construction as the incumbent project). Describe no more than five (5) and no less than three (3) projects, in order of most relevant to least relevant, which demonstrate the firm's capabilities to perform the project at hand. For each project, the following information should be provided: a. Project name, location and dates during which services were performed. b. Brief description of project and physical description (delivery method, contract value, square

footage, number of stories, site area, unique project components or equipment). c. Describe similarities in the construction of the highlighted project to the project being advertised

including the relevancy of the similarities and experience with the highlighted project to the project being advertised.

d. Services performed by your firm and (if multiple offices) the location of the office involved. e. Respective CCA’s stated satisfaction in construction and service of your firm. Provide any CCA-

written letters of reference/recommendation about the firm’s performance on the project. f. CCA/User/Architect contact information.

C. Statement of Suitability

C1- Provide any information that may serve to differentiate the firm from other firms in suitability for the project. Suitability may include, but is not limited to, the firm’s fit to the project and/or needs of the CCA, any special or unique qualifications for the project, current and projected workloads, the proximity of office to project location, and any techniques or methodologies offered by the firm that may be particularly suitable for this project type.

C2- Provide non-discrimination policies and describe the firm’s record and methodologies of addressing public safety, social, environmental, historical preservation, accessibility for persons with disabilities and special needs, or other related concerns.

C3- Provide information on any special services offered by the firm that may be relevant and available for this project.

C4- Provide examples of project work product/reporting, e.g., monthly progress report or other periodic reporting project activity for CCA, Architect, and other stakeholders which your firm customarily utilizes for efficiency and effectiveness.

6. SUBMITTAL OF STATEMENTS OF QUALIFICATIONS

Submit one (1) electronic copy of the complete package to the Project Procurement Director. Responses (and file names) must reference the RFQ No. ARENA1-CM, the firm’s name, and the word “QUALIFICATIONS.”

(File Name Example: ARENA1-CM, ABC Company, Qualifications) The entire submittal should be submitted as ONE (1) file. Please do not submit individual documents or sections separately. TOTAL PAGE COUNT OF THE SUBMITTAL MUST NOT EXCEED 40 PAGES. ALL PAGES COUNT REGARDLESS OF CONTENT. Proposers are further reminded to include a completed CONTRACTOR AFFIDAVIT UNDER O.C.G.A. § 13-10-91(b)(1) with the Statement of Qualifications. Statements of Qualifications must be electronically received by the Project Procurement Director prior to the deadline indicated in the Schedule of Events (Section 3 of RFQ). Printed copies will not be accepted. .

7. FINALIST NOTIFICATION

Once the Selection Committee has completed the evaluation of the Statements of Qualifications, a list of the finalist firms will be posted on the Georgia Procurement Registry and on the CCA Website. Step II- CM Selection, will be initiated by invitation to finalists to submit Project and Fee Proposals as instructed in the CCA’s RFP. Finalists will be those firms determined by the Selection Committee to be

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especially qualified to perform as CM for this Project in accordance with the qualification criteria herein above. Presentations/interviews will be conducted by the CCA for those firms that submit proposals that are accepted by CCA. The successful CM will be determined from the interviews and proposals received.

End of Section

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II. REQUEST FOR PROPOSALS (From Qualified Finalists)

CLASSIC CENTER ARENA CONSTRUCTION Construction Management-at-Risk Services

RFP No. ARENA1-CM

To firms who have been issued notification as having been deemed eligible, the Classic Center Authority (“CCA”), in cooperation with the Unified Government of Athens-Clarke County (ACC), issues this Request for Proposals (RFP), for those firms to offer proposals for construction management at-risk services for the specific project.

1. CONTRACT INFORMATION

Upon award, the successful CM firm will be provided with a schedule for receiving partially complete design documents (% of anticipated completion will be communicated to proposers prior to their submission of project proposals, along with a detailed format for fee proposals and listing General Conditions items). The CM firm will assume responsibility for cost of the project construction by issuing a guaranteed maximum price (GMP) based on the design documents, with the support and assistance of the Design Professional. The CM will commit to a Guaranteed Maximum Price (GMP) for all construction and site development. The GMP will be a contractual obligation. The CM will also develop an overall project schedule, which will also be a contractual obligation. The CM will function as a CM-At-Risk (CM). During Pre-Construction, the CM will be responsible for pricing, value engineering, and maintainability and constructability issues. Construction will commence with the release of distinct work packages based on the design documents. The CM shall competitively select all construction subcontracts and other work appropriate for competitive selection using cost and other factors. The successful CM shall not be eligible to bid or enter into contract or subcontract for any of the construction or other services of any nature on the project without the specific approval of CCA/ACC. The contract format will be an Actual Cost plus a Fixed Fee not to exceed the Guaranteed Maximum Price (GMP) Agreement. The Project will be Open-Book. All savings, including unused contingency, will be returned to the CCA/ACC. The contract will include a liquidated damages provisionto be determined once an appropriate schedule and other scope factors are determined. The contract for Construction Management services will be provided to finalists at a reasonable time prior to Project Proposal submittal due date. Finalists will be encouraged to review and become familiar with the terms and conditions of this agreement. ACC/CCA does not intend to modify any language contained in general terms and conditions of the agreement, and any significant exceptions proposed by a firm could lead to a firm being deemed non-responsive.

2. BUILDING PROGRAM

(See RFQ Step 1, Section 1)

3. SCHEDULE OF EVENTS (STEP II)

The following Schedule of Events represents the CCA’s best estimate of the schedule that will be followed. All times indicated are prevailing times in Athens. The CCA reserves the right to adjust the schedule as the CCA deems necessary.

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4. PRE-PROPOSAL SITE VISIT A pre-proposal site visit may be conducted by the CCA and, if so, attendance of finalist firms will be mandatory. The date for the site visit is tentatively listed above. The site visitors will convene at a time and location to be determined and communicated in the Notice to Finalists. Additional information, possibly including some program, plans and drawings, may be available at the site visit for finalist review. The CCA reserves the right to disqualify a proposer from the selection process due to a failure by a proposer to arrive for the site visit by the scheduled time. Failure to attend a mandatory site visit will automatically result in disqualification from the selection process.

5. SELECTION PROCESS Step II- CM Selection, will be initiated by the invitation to the qualified finalists by the Selection Committee (determined in Step I from evaluation of Statements of Qualifications) to submit Project Proposals and Fee Proposals as instructed in this RFP. Finalist interviews will also be conducted by the CCA. The successful CM will be determined from the evaluation of proposals received and interviews, using the following criteria (any changes in the criteria prior to finalist selection will be pre-communicated to finalists).

Criteria for the evaluation of Project Proposals 30%):

10% Factor Relevance of the Experience and Qualifications of the Proposed Project Team (Org Chart) to this project, including: Experience of the project manager and superintendent working together on past similar projects; past experience of the team working together with the selected Design Professional and/or Program Manager; assigned team’s experience with projects of similar facility size, type, and complexity; assigned team’s experience with effective budget control; assigned team’s experience with effective schedule control; availability of the proposed team for this project.

5% Factor Previous performance of the firm including level of quality of the services of the firm to previous

customers, customer’s statements of that quality, the firm’s ability to meet established time requirements, the firm’s response to project needs during preconstruction and construction, the firm’s control of construction quality and budget. The CCA will use references from stakeholders of the CCA’s choosing from previous projects of the finalists, among other information as necessary.

15% Factor Quality of proposed Management Plan, including: The firm’s cost management plan; firm’s

schedule management plan during design and construction; firm’s approach for managing changes within the stated cost and schedule limitations; firm’s approach for competitively administering and evaluating bid packages; the firm’s subcontractor management plan; the firm’s quality assurance program and plan; the firm’s close-out plan; the firm’s work force plan; the firm’s safety plan and site logistics plan for proposed project.

STEP II (RFP)

a. CCA issues notice to finalist firms to propose as instructed in RFP 3/12/21

b. CCA conducts Pre-Proposal Site Visit for finalists (IF APPLICABLE) 3/15//21 TBA

c. Deadline for finalist submission of written questions and requests for clarification

3/16/21 5:00 PM

d. Deadline for submission of Project Proposals 3/18/21 2:00 PM

e. CCA interviews finalist firms and Fee Proposals due 3/ 22-23 /21 TBA

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Criteria for the evaluation of finalist interviews (30%):

15% Factor Methodology Presented to assure success and the ability of principals to engender confidence in the ability of the firm to complete the project within the time and cost budgeted, including the effectiveness in communication and expertise presented by the team members during the interview process, and the firm’s ability to effectively answer project questions and provide solutions during the interview.

15% Factor Committee’s Overall Impression of the firm and the overall impression of key team members

(project manager, superintendent, project director, cost estimator, project executive, etc.) Cost Evaluation (evaluation of Fee Proposals (40%) In addition to the 60% total criteria weight above, the COST evaluation of the initial Fee proposals will

comprise the remaining 40% of the overall RFP Evaluation.

6. SUBMITTAL OF QUESTIONS AND REQUESTS FOR CLARIFICATION AND EXTENSIONS

It is the responsibility of each respondent to examine the entire RFP, seek clarification in writing, and review its submittals for accuracy before submitting. Once the submission deadline has passed, all submissions will be final. The CCA will not request clarification from any single individual proposer regarding their submission, but reserves the right to ask, collectively, all parties that have submitted proposals for additional information. Questions from Construction Professionals about any aspect of the RFP, or the project, shall be submitted in writing (e-mail is preferable) to the Project Procurement Director, Richard Sawyer e-mail: richard@classiccenter.com. The deadline for submission of questions relating to the RFP is the time and date shown in the Schedule of Events (Section 3). All relevant and significant questions that have been submitted in writing prior to the deadline will be compiled and answered in writing and issued directly to all proposers via E-mail. Any proposer exceptions to the RFP requirements or requests for deadline extensions must also be communicated to the CCA by the deadline to be properly considered. Any requests for proposal deadline extensions must include the reason(s) for such a request. The CCA reserves the right to approve or reject such requests as the CCA deems necessary

7. INSTRUCTIONS FOR PREPARING PROJECT PROPOSALS

Interested firms shall submit (1) electronic copy in .pdf format of the complete proposal package to the Project Procurement Director. Submittals must be prepared in a manner that when printed would typically fit on standard (8 ½” x 11”) paper. Proposals should not exceed 25 pages. Emphasis should be on completeness, relevance, and clarity of content. To expedite the review of submittals, it is essential that respondents follow the format and instructions outlined below. The content of all Project Proposals must be categorized and numbered as outlined in the following “PROJECT PROPOSAL DELIVERABLES,” and must address in a responsible and responsive manner all requested information.

PROJECT PROPOSAL

(DELIVERABLES “D”, and “E” FOR FINALIST FIRMS ONLY)

D. Qualifications and Experience of Proposed Project Team

D1- Describe your firm's proposed organization for the construction management team including

superintendent, project manager, project director, cost estimator, project executive, etc., who will manage the project. Please designate the specific individuals to fill the following key roles on your team: (Firms should list all positions/persons that CM expects to serve on the construction management team or who’s time will be charged to the project) a. Superintendent(s) b. Project Manager

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c. Project Director d. Cost Estimator e. Project Executive f. Other (please describe, if applicable)

D2- Provide for each of the above personnel current resumes (Supt., PM, and PE, not required if

provided in RFQ Step 1) listing relevant project experience and percentage of the person’s time to be committed to this project.

D3- Identify the individual who, from project start to finish, will be the leader of your construction team

and the principal point of contact between your firm and the CCA, the Architect, and other consultants. Provide detailed information on the qualifications of this individual and the direction, authority, and management tools that will be provided to the individual by the firm. This individual’s competence, his/her leadership, and his/her ability to achieve customer satisfaction will be heavily considered in the selection of a construction management firm.

D4- Provide an organizational chart showing the lines of responsibility and accountability for your team

and proposed sub-consultants. If a joint-venture, identify responsibility relationships, where there may be past experience at such relationships, and levels of experience.

E. Management Plan

E1- With regard to your firm’s overall role in the project, please provide a statement of your definition of

the role, your anticipated level of management responsibility and accountability for project concerns. Describe your process for efficiently resolving issues and maintaining the project commitments while working collaboratively with the Architect, CCA, Using Agency, and others as applicable. Provide detailed procedures for routine solving of complex project issues without compromising your team commitments. Provide your proposed methods and plans of CM communication.

E2- Provide your detailed cost management plan for controlling costs on this project within the GMP

during construction. Describe your systems and procedures for controlling costs during construction. E3- Provide your detailed change management plan for managing cost and schedule exposures within

the stated limitations. E4- Provide your procurement and workforce plan including details on your plan to assure local

contractor opportunity. Describe how your firm intends to arrange the construction into bid packages in order to reach the CCA’s schedule and budget objectives.

E5- Provide your detailed schedule management plan for this project during construction. Describe

systems and procedures your firm uses to manage the project schedule. Describe alternatives that may be explored to shorten the schedule.

E6- Provide your detailed subcontractor management plan including, contract document compliance

procedures, project accounting procedures, and issue resolution. E7- Provide your closeout management plan for this project. Describe your systems and procedures for

your closeout plan. E8- Provide your quality assurance plan for this project. Describe your firm’s approach for validating

compliance with the construction documents. Explain your process for ensuring quality workmanship. E9- Provide your safety and site logistics plan for this project. Describe your plan for working around

existing operations and for site access. E10- Provide your detailed plan for applying any services not specifically mentioned herein. Explain the

relevance of these services to this project and how they benefit the project.

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8. INSTRUCTIONS FOR PREPARING COST PROPOSALS Cost Proposals will be solicited from the finalists invited to interview. Cost proposals shall be submitted at the conclusion of the interview session in a separately sealed envelope and shall not include any project proposal information. (See Section 10- Submittal of Project Proposals and Cost Proposals). The Cost Proposal Form will be provided with the Notice to Finalists document and shall be submitted by finalists. Detailed itemization of the cost proposal must be attached to the Cost Proposal Form as instructed in the Notice to Finalists. Note- Exhibit D of this solicitation provides Cost Definition itemization which shall be required, subject to amendments in the Cost Proposal form issued with the Notice to Finalists.

9. PRESENTATION / INTERVIEW INFORMATION

Interview Format Firms selected to make presentations shall be notified by the Notice to Finalists letter issued by the Project Procurement Director. The Notice to Finalists letter shall designate a place and time for the interview session and shall contain relevant information regarding the presentations.

The interview will likely last a total of 75 minutes (10 minutes for setup, 30 minutes for the presentation, 30 minutes reserved for questions and answers and the last 5 minutes for knock down). The Selection Committee will consist of representatives of ACC, CCA and other stakeholders.

The presentation may involve flip charts or boards along with the oral presentation.

Electronic presentations, such as PowerPoint presentations are also allowed.

CCA provides large projector screens in the interview rooms that may be accessed through HDMI connections. Presenter must be prepared for alternative projector setup in case of any unforeseen technical difficulties.

Interview Requirements The intent of the formal interview process is to provide the Selection Committee with in-depth information from the firm in order to make a final selection of the best-suited firm for the contract award. Firms should focus their presentations on: the detailed plan for managing the construction, cost, schedule, and quality on the project and any unique characteristics or services the firm offers; and the firm’s concepts or plans for the division of the project into separate packages for award. Firms are discouraged from reviewing general company history and experience previously submitted in Statements of Qualifications and/or Project Proposals unless this information is particularly relevant to the presentation. Up to 7 key personnel should be present at the interview including, at a minimum, the project superintendent, project manager, and project executive.

10. SUBMITTAL OF PROJECT PROPOSALS AND COST PROPOSALS Project Proposals Submit one (1) electronic copy of the complete package in .pdf format to the Project Procurement Director. Responses (and file names) must reference the RFQ No. ARENA1-CM, the firm’s name, and the word “PROJECT PROPOSAL.”

(File Name Example: ARENA1-CM, ABC Company, Project Proposal) The entire submittal should be submitted as ONE (1) file. Please do not submit individual documents or sections separately. Proposals should not exceed 25 pages. Proposals must be electronically received by the CCA prior to the deadline indicated in the Schedule of Events (Section 3 of RFP). Printed copies will not be accepted. Cost Proposals One original cost proposal must be submitted in a sealed, opaque envelope. Reference to Project No. ARENA1-CM, the words “SEALED FEE PROPOSAL” and the name of submitting firm must be indicated on the outside of the envelope. An electronic thumb drive with the single file of the cost proposal shall be included in the sealed envelope. The Cost Proposal must be physically received by the Project Procurement Director at the conclusion of the interview. (No Cost Proposals will be opened or reviewed before completion of the evaluation of Project Proposals and Interviews by the Selection Committee.) No Proposals will be accepted after the time set for receipt. Proposals submitted via facsimile or e-mail will be rejected. CCA reserves the right to reject any and all submittals, and to cancel the solicitation in its entirety and

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possibly re-advertise and issue a revised solicitation for any reason. With the submittal of a Proposal, the Proposer agrees that the proposals shall remain valid for a period of ninety (90) days. Final Evaluation Upon completion of the evaluation of Project Proposals and interviews by the Selection Committee, proposers will be ranked in descending order of recommendation. The Cost Proposal of the offerors will be opened and reviewed by the Project Procurement Director with a witness and will be transmitted to the Selection Committee. Cost Proposals will be given a score and ranking which will be combined with previous Project Proposal and Interview scoring for determination of the OVERALL highest-ranking firm, which shall be recommended appropriately to the ACC Commission as prescribed by ACC. Once the apparent successful CM has been approved, CCA/ACC may formally commence negotiations with the firm as directed by ACC. If an agreed-upon fixed fee and cost acceptable to ACC is determined, a CM services contract may be awarded to the firm. In the event a satisfactory agreement cannot be reached with the highest-scoring firm, the ACC/CCA will formally terminate the negotiations in writing and begin discussions with the second highest-scoring firm, and so on until a mutually acceptable agreement is established in accordance with ACC approvals.

11. ADDITIONAL TERMS AND CONDITIONS TO THE RFQ / RFP

Restriction of Communication From the issue date of this RFQ-RFP solicitation until a successful proposer is selected and the selection is announced, proposers are not allowed to communicate for any reason with any members of the Selection Committee, the ACC, CCA, or the Design Professional, except for submission of questions as instructed in the RFQ and RFP, or during the proposer's conference (if applicable), or as provided by any existing work agreement(s). For violation of this provision, the CCA reserves the right to reject the proposal of the offending proposer. Submittal Costs and Confidentiality All expenses for preparing and submitting responses are the sole cost of the party submitting the response. The CCA is not obligated to any party to reimburse such expenses. All submittals upon receipt become the property of the CCA. Labeling information provided in submittals “proprietary” or “confidential,” or any other designation of restricted use will not protect the information from public view. Subject to the provisions of the Open Records Act, the details of the proposal documents will remain confidential until final award.

Award Conditions This request is not an offer to contract or a solicitation of bids. This request and any submittal or proposal submitted in response, regardless of whether the proposal is determined to be the best proposal, is not binding upon the CCA and does not obligate the CCA to procure or contract for any services. Neither the CCA nor any party submitting a response will be bound unless and until a written contract mutually accepted by both parties is negotiated as to its terms and conditions and is signed by the CCA and a party containing such terms and conditions as are negotiated between those parties. The CCA reserves the right to waive non-compliance with any requirements of this Request for Proposal and to reject any or all proposals submitted in response. Upon receipt and review of responses, the CCA will determine the party(s) and proposal that in the sole judgment of the CCA is in the best interest of the CCA (if any is so determined), with respect to the evaluation criteria stated herein. The CCA then intends to conduct negotiations with such party(s) to determine if a mutually acceptable contract may be reached and in the course of doing so may use ideas expressed in any proposal. Evaluation of Submittals and Qualifications Evaluation of submittals and firms’ qualifications will be conducted by a committee consisting of various project stakeholders. Based upon the predetermined rating criteria contained in the RFQ, the committee will assign a composite rating to the deliverables of each statement of qualifications and proposal submitted. Proposers understand and accept that by responding to this solicitation they are willingly participating in a process that consists to some degree of subjectivity on the part of selection committee members in determining the firm(s) capable of providing the best overall solution. Reciprocal Preference Law For the purposes of evaluation only, a proposer that resides in the State of Georgia will be granted the same preference over proposers that reside in another State in the same manner, on the same basis, and to the

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same extent that preference is granted in awarding bids for the same goods or services by such other State to proposers that reside therein. For the purposes of this law, the definition of a resident proposer is one who maintains a place of business with at least one employee inside the State of Georgia. A P.O. Box address will not satisfy this requirement. Joint-Venture Proposals In the event two or more firms desire to “joint-venture,” it is strongly recommended that one incorporated firm propose and maintain status as the Construction Management Firm with the remaining firms participating as major consultants. Small and Minority Business Enterprise It is the policy of ACC that minority-owned business enterprises (MBE), woman-owned business enterprises (WBE) and small business enterprises (SBE), have a fair and equal opportunity to participate in the state purchasing process. Therefore, the CCA encourages all MBE, WBE and SBE to compete for contracts to provide goods, services, and construction, and encourages contractors to solicit MBE, WBE and SBE in procuring subcontractors and suppliers. This desire on the part of the CCA is not intended to restrict or limit competitive bidding or to increase the cost of the work. The CCA supports a healthy free market system that seeks to include responsible businesses and provides ample opportunity for business growth and development. Contractors and subcontractors who utilize qualified minority subcontractors may qualify for a Georgia state income tax credits for qualified payments made to minority subcontractors. In accordance with the Official Code of Georgia Annotated (O.C.G.A.) Section 48-7-38, when computing taxable net income of a Georgia based corporation, partnership, or individual, there shall be subtracted from federal taxable income or federal adjusted gross income 10 percent of the amount of qualified payments to certified minority subcontractors for state-agency-related construction projects. For more information on filing only, contact the Georgia Department of Revenue at 404-417-2399. Statement of Agreement With submission of a proposal, the Proposer agrees that he/she has carefully examined the Request for Proposal, and the Proposer agrees that it is the Proposer’s responsibility to request clarification on any issue(s) in any section of the Request for Proposal with which the Proposer disagrees or needs clarified. The Proposer also understands that failure to mention these items in the proposal will be interpreted to mean that the Proposer is in full agreement with the terms, conditions, specifications, and requirements in the therein. With submission of a proposal, the Proposer hereby certifies: (a) that this proposal is genuine and is not made in the interest or on behalf of any undisclosed person, firm, or corporation; (b) that Proposer has not directly or indirectly included or solicited any other Proposer to put in a false or insincere proposal; (c) that Proposer has not solicited or induced any person, firm, or corporation to refrain from sending a proposal. Debarred, Suspended or Ineligible Firms Contracts may not be executed, and bids or proposals may not be solicited or considered from persons or firms debarred, suspended, and deemed ineligible from the State of Georgia during their period of debarment. The list of debarred, suspended, or ineligible firms can be located on the Georgia State Financing and Investment Commission’s website.

CCA RFQ/RFP No. ARENA1-CM Classic Center Arena

Exhibit A CERTIFICATION FORM

I, _____________________________, being duly sworn, state that I am ______________________(title) of _______________________________(firm) and hereby duly certify that I have read and understand the information presented in the attached proposal and any enclosure and exhibits thereto.

I further certify that to the best of my knowledge the information given in response to the request for proposals is full, complete and truthful.

I further certify that the proposer and any principal employee of the proposer have not, in the immediately preceding five years, been convicted of any crime of moral turpitude or any felony offense, nor has had their professional license suspended, revoked or been subjected to disciplinary proceedings.

I further certify that the proposer and any principle employee of the proposer have not, in the immediately preceding five years, been suspended or debarred from contracting with any federal, state or local government agency, and further, that the proposer is not now under consideration for suspension or debarment from any such agency.

I further certify that the proposer or any principle employee of the proposer has not in the immediately preceding five years been defaulted in any federal, state or local government agency contract, and further, that the proposer is not now under any notice of intent to default on any such contract or have been terminated for cause on any such contract.

I acknowledge, agree and authorize, and certify that the proposer acknowledges, agrees and authorizes, that the CCA and/or ACC may, by means that either deems appropriate, determine the accuracy and truth of the information provided by the proposer and that the CCA and/or CCA may contact any individual or entity named in the Statement of Qualifications for the purpose of verifying the information supplied therein.

I acknowledge and understand the successful Proposer will be required to certify compliance with the

Immigration Reform Act of 1986 (IRCA), D.L. 99-603 and the Georgia Security and Immigration Compliance Act OCGA 13-10-90 et.seq., by meeting or having complied with the provisions in the Act and by executing any affidavits required by the rules and regulations issued by the Georgia Department of Labor set forth at Rule 300-10-1-.01: Contractor will also be required to warrant that Contractor has included a similar provision in all written agreements with any subcontractors engaged to perform services under this Contract.

I acknowledge and agree that all of the information contained in the Statement of Qualifications is submitted for the express purpose of inducing the CCA to award a contract. A material false statement or omission made in conjunction with this proposal is sufficient cause for suspension or debarment from further contracts, or denial of rescission of any contract entered into based upon this proposal thereby precluding the firm from doing business with, or performing work for, the State of Georgia. In addition, such false statement or omission may subject the person and entity making the proposal to criminal prosecution under the laws of the State of Georgia of the United States, including but not limited to O.C.G.A. §16-10-20, 18 U.S.C. §§1001 or 1341.

________________________________ Signature Sworn and subscribed before me This _____ day of ________, 20___. ____________________________________ NOTARY PUBLIC

____________ NOTARY SEAL

My Commission Expires: _________________

CCA RFQ/RFP No. ARENA1-CM Classic Center Arena

Exhibit B

CONTRACTOR AFFIDAVIT UNDER O.C.G.A. § 13-10-91(b)(1) {Failure to submit this form will result in the rejection of your qualifications)

Project No. and Name: ___________________________________________

Contractor: ________________________________________

STATE OF GEORGIA COUNTY OF: __________

By executing this affidavit, the undersigned contractor verifies its compliance with O.C.G.A. §13-10-91,

stating affirmatively that the individual, firm or corporation which is engaged in the physical performance of

services on behalf of the Classic Center Authority has registered with, is authorized to use and used the federal

work authorization program commonly known as E-Verify, or any subsequent replacement program, in accordance

with the applicable provisions and deadlines established in O.C.G.A. §13-10-91. Furthermore, the undersigned

contractor will continue to use the federal work authorization program throughout the contract period and the

undersigned contractor will contract for the physical performance of services in satisfaction of such contract only

with subcontractors who present an affidavit to the contractor with the information required by O.C.G.A. §13-10-

91(b). Contractor hereby attests that its federal work authorization user identification number and date of

authorization are as follows:

___________________________________________ (This is NOT an FEI number)

Federal Work Authorization User Identification Number

___________________________________________

Date of Authorization

I hereby declare under penalty of perjury that the foregoing is true and correct.

Executed on , 20 in (City), (State).

________________________________________

Signature of Authorized Officer or Agent of Contractor

_________________________________________

Printed Name and Title of Authorized Officer or Agent

SUBSCRIBED AND SWORN

BEFORE ME ON THIS THE

_____ DAY OF ______________________, 20___

________________________________________

Notary Public

My Commission Expires: ___________________

CCA RFQ/RFP No. ARENA1-CM Classic Center Arena

Exhibit C DISCLOSURE STATEMENT

All proposers should be aware that the project you are submitting a proposal on is a public project, and the CCA (CCA) is a public Authority. Pursuant to the laws, rules, and Executive Orders of the State of Georgia, CCA shall make every effort to avoid even the appearance of a conflict of interest or any impropriety in both the selection process for this project and the negotiation and performance of any resulting contract. Please include this Disclosure Statement with your submittal that answers or addresses the following specific statements: 1. Describe any business transactions occurring within the prior two years between your firm and CCA, the ACC. 2. Describe any gift, hospitality, or benefit of any sort that your firm has provided to CCA, the ACC, or the end-user of the proposed project within the prior one-year period. 3. A conflict of interest or potential conflict of interest is defined as any action, decision, or recommendation by a person acting in a capacity as a public official, the effect of which is or could be to the private monetary or financial benefit or detriment of the person, the person’s relative, or any business with which the person or a relative of the person is associated. The potential conflict of interest is viewed from the perspective of a reasonable person who has knowledge of the relevant facts. Based upon this definition, describe any conflict of interest or potential conflict of interest that your firm has with CCA, the ACC, or any end-using entity of this project. This Disclosure Statement should be dated and signed by an authorized signator for the Proposer and submitted with the Proposer’s Submittal.

Please respond to all three (3) statements above Name of Firm Authorized Signature Date

CCA RFQ/RFP No. ARENA1-CM Classic Center Arena

Exhibit D COST DEFINITION WORK SHEET

(Please use the below link to access Exhibit D, Cost Definition Work Sheet)

..\Dropbox\CM Cost Definition Worksheet.xlsx