Cover etter - NCPA Diligence/APDM for General...Cover etter January 19, 2017 Region 14 Education Service Center 1850 Highway 351 Abilene, Texas 79601 Dear Members of the Selection

Cover LetterJanuary 19, 2017

Region 14 Education Service Center1850 Highway 351Abilene, Texas 79601

Dear Members of the Selection Committee:

NCPA members carry the highest expectations for quality products and value. APDM projects require a team well versed in the specific challenges and demands posed by building at fully operating sites. McCarthy is excited to offer a team that is experienced completing APDM projects and committed to the highest level of quality and safety.

McCarthy offers you the certainty you can get only from a self-perform builder. We manage construction at a higher level than broker-builders, exceeding budget and schedule expectations time after time. It is critical to work with a builder that has the strongest resources available – and McCarthy has a large source of in-house services such as CAD/BIM, which allows us to put design ideas into blue prints and will also provide accurate as-built documentation. Our in-house, licensed mechanical professionals allow us to perform APDM services by assisting with design and coordinating with consultants. We can order directly from suppliers and this will ensure we control the equipment procurement process. We also have a wide range of self-perform capabilities, such as demolition, concrete, rough and finish carpentry including doors and hardware, drywall, mechanical, plumbing, solar, and other miscellaneous trades. We have done this for many clients before! Your projects benefit by selecting McCarthy, as you get:

• An Experienced Team Who Understands APDM: We offer professionals who are familiar with the challenges of building on busy, occupied sites. They understand APDM processes and procedures. You can be certain this team is ready and available to complete the best quality work for you – on time, within budget, and with minimal disruptions!

• A commitment to a strong, successful relationship with Region 14 ESC: We are, and have been, a team-oriented builder for many years. We value and align with the goals of Region 14 ESC and NCPA, and excel at the coordination of information to all parties throughout the life of each Task Order. McCarthy is very eager to work with you to reach your goals without eliminating function or quality.

• Performance on Schedule and Within Budget: We understand the critical nature and importance of delivering accurate estimates to you within a quick time frame. Our expertise in early conceptual budgeting and scheduling ensures that you can rely on McCarthy to stay within budget while still obtaining the best value – and on time. We have streamlined our process to accommodate the delivery methods and have preferred subcontractors that have unit pricing established for your member’s projects. With the pool of pre-approved APDM subcontractors, we will be ready to exceed your schedule and budget goals without interfering with your member’s busy schedules.

The opportunity to partner with you is exciting! We know that your members are most important to your continued success, and we pledge to deliver projects that will be a source of pride to you and your members for years to come. Thank you for your consideration.

Sincerely,

David PetersonVice President, Education Division

TAB 1 | Signature Form

TAB 2 | NCPA Administration Agreement

TAB 3 | Vendor Questionnaire

TAB 4 | Vendor Profile

TAB 5 | Products and Services

TAB 6 | References

TAB 7 | Pricing

TAB 8 | Value Added Products and Services

TAB 9 | Required Documents

TABLE OF CONTENTS

1SIGNATURE FORM

TAB 1: SIGNATURE FORM | PAGE .RFP #35-16 | MCCARTHY BUILDING COMPANIES, INC.

SIGNATURE FORMThe undersigned hereby proposes and agrees to furnish goods and/or services in strict compliance with the terms, specifications, and conditions at the prices proposed within response unless noted in writing. The undersigned further certifies that he/she is an officer of the company and has authority to negotiate and bind the company named below and has not prepared this bid in collusion with any other Respondent and that the contents of this proposal as to prices, terms or conditions of said bid have not been communicated by the undersigned nor by any employee or agent to any person engaged in this type of business prior to the official opening of this proposal.

Prices are guaranteed: 120 days

Company name McCarthy Building Companies, Inc.

Address 6225 N. 24th Street Suite 200

City/State/Zip Phoenix, AZ 85016

Telephone No. 480-449-4700

Fax No. 480-449-4747

Email address [email protected]

Printed name Justin Kelton

Position with Company Southwest Region President

Authorized signature

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2NCPA ADMINISTRATION AGREEMENT

TAB 2: NCPA ADMINISTRATION AGREEMENT | PAGE .RFP #35-16 | MCCARTHY BUILDING COMPANIES, INC.

NCPA ADMINISTRATION AGREEMENTThis Administration Agreement is made as of _______________________________________, by and between National

Cooperative Purchasing Alliance (“NCPA”) and _____________________________________________ (“Vendor”).

Recitals

WHEREAS, Region 14 ESC has entered into a certain Master Agreement dated ____________________________, referenced as Contract Number _________________________, by and between Region 14 ESC and Vendor, as may be amended from time to time in accordance with the terms thereof (the “Master Agreement”), for the purchase of Electrical Equipment, Bulbs and Ballasts and Related Services; WHEREAS, said Master Agreement provides that any state, city, special district, local government, school district, private K-12 school, technical or vocational school, higher education institution, other government agency or nonprofit organization (hereinafter referred to as “public agency” or collectively, “public agencies”) may purchase products and services at the prices indicated in the Master Agreement;

WHEREAS, NCPA has the administrative and legal capacity to administer purchases under the Master Agreement to public agencies;

WHEREAS, NCPA serves as the administrative agent for Region 14 ESC in connection with other master agreements offered by NCPA

WHEREAS, Region 14 ESC desired NCPA to proceed with administration of the Master Agreement;

WHEREAS, NCPA and Vendor desire to enter into this Agreement to make available the Master Agreement to public agencies on a national basis;

NOW, THEREFORE, in consideration of the payments to be made hereunder and the mutual covenants contained in this Agreement, NCPA and Vendor hereby agree as follows:

� General Terms and Conditions ¾ The Master Agreement, attached hereto as Tab 1 and incorporated herein by reference as though fully

set forth herein, and the terms and conditions contained therein shall apply to this Agreement except as expressly changed or modified by this Agreement.

¾ NCPA shall be afforded all of the rights, privileges and indemnifications afforded to Region 14 ESC under the Master Agreement, and such rights, privileges and indemnifications shall accrue and apply with equal effect to NCPA under this Agreement including, but not limited to, the Vendor’s obligation to provide appropriate insurance and certain indemnifications to Region 14 ESC.

¾ Vendor shall perform all duties, responsibilities, and obligations required under the Master Agreement in the time and manner specified by the Master Agreement.

¾ NCPA shall perform all of its duties, responsibilities, and obligations as administrator of purchases under the Master Agreement as set forth herein, and Vendor acknowledges that NCPA shall act in the capacity of administrator of purchases under the Master Agreement.

¾ With respect to any purchases made by Region 14 ESC or any Public Agency pursuant to the Master Agreement, NCPA (a) shall not be constructed as a dealer, re-marketer, representative, partner, or agent of any type of Vendor, Region 14 ESC, or such Public Agency, (b) shall not be obligated, liable or

McCarthy Building Companies, Inc

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March 13, 2017

March 13, 2017

04-08



responsible (i) for any orders made by Region 14 ESC, any Public Agency or any employee of Region 14 ESC or Public Agency under the Master Agreement, or (ii) for any payments required to be made with respect to such order, and (c) shall not be obligated, liable or responsible for any failure by the Public Agency to (i) comply with procedures or requirements of applicable law, or (ii) obtain the due authorization and approval necessary to purchase under the Master Agreement. NCPA makes no representations or guaranties with respect to any minimum purchases required to be made by Region 14 ESC, any Public Agency, or any employee of Region 14 ESC or Public Agency under this Agreement or the Master Agreement.

¾ The Public Agency participating in the NCPA contract and Vendor may enter into a separate supplemental agreement to further define the level of service requirements over and above the minimum defined in this contract i.e. invoice requirements, ordering requirements, specialized delivery, etc. Any supplemental agreement developed as a result of this contract is exclusively between the Public Agency and Vendor. NCPA, its agents, members and employees shall not be made party to any claim for breach of such agreement.

� Term of Agreement ¾ This Agreement shall be in effect so long as the Master Agreement remains in effect, provided,

however, that the obligation to pay all amounts owed by Vendor to NCPA through the termination of this Agreement and all indemnifications afforded by Vendor to NCPA shall survive the term of this Agreement.

� Fees and Reporting ¾ The awarded vendor shall electronically provide NCPA with a detailed monthly or quarterly report

showing the dollar volume of all sales under the contract for the previous month or quarter. Reports shall be sent via e-mail to NCPA offices at [email protected]. Reports are due on the fifteenth (15th) day after close of the previous month or quarter. It is the responsibility of the awarded vendor to collect and compile all sales under the contract from participating members and submit one (1) report. The report shall include at least the following information as listed in the example below:

Entity Name Zip Code State PO or Job # Sale Amount Registered Vendor

Quotation #

Total ______________

¾ Each month NCPA will invoice the vendor based on the total of sale amount(s) reported. From the invoice the vendor shall pay to NCPA three (3%) administrative fee on the amount of the agency’s purchase order less any applicable sales tax and Performance and/or Payment bond cost. Vendor’s annual sales shall be measured on a calendar year basis. Deadline for term of payment will be included in the invoice NCPA provides.

¾ Supplier shall maintain accounting of all purchases made by Public Agencies under the Master Agreement. NCPA and Region 14 ESC reserve the right to audit the accounting for a period of four (4) years from the date NCPA receives the accounting. In the event of such an audit, the requested materials shall be provided at the location designation by Region 14 ESC or NCPA. In the event such

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audit reveals an underreporting of Contract Sales and a resulting underpayment of administrative fees, Vendor shall promptly pay NCPA the amount of such underpayment, together with interest on such amount and shall be obligated to reimburse NCPA’s costs and expenses for such audit.

� General Provisions ¾ This Agreement supersedes any and all other agreements, either oral or in writing, between the

parties hereto with respect to the subject matter hereof, and no other agreement, statement, or promise relating to the subject matter of this Agreement which is not contained herein shall be valid or binding.

¾ Awarded vendor agrees to allow NCPA to use their name and logo within website, marketing materials and advertisement. Any use of NCPA name and logo or any form of publicity regarding this contract by awarded vendor must have prior approval from NCPA.

¾ If any action at law or in equity is brought to enforce or interpret the provisions of this Agreement or to recover any administrative fee and accrued interest, the prevailing party shall be entitled to reasonable attorney’s fees and costs in addition to any other relief to which such party may be entitled.

¾ Neither this Agreement nor any rights or obligations hereunder shall be assignable by Vendor without prior written consent of NCPA. Any assignment without such consent will be void.

¾ This Agreement and NCPA’s rights and obligations hereunder may be assigned at NCPA’s sole discretion, to an existing or newly established legal entity that has the authority and capacity to perform NCPA’s obligations hereunder

¾ All written communications given hereunder shall be delivered to the addresses as set forth below.

National Cooperative Purchasing Alliance: Vendor: McCarthy Building Companies, Inc.

Name: Name: Justin Kelton

Title: Title: Southwest Region President

Address: Address: 6225 N. 24th Street Suite 200

Phoenix, AZ 85016

Signature: Signature:

Date: Date: 2/23/2017

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Matthew Mackel

Director, Business Development

PO Box 701273

Houston, TX 77270

March 13, 2017



NCPA REGISTERED VENDOR QUOTATION NUMBER

RFP responders are requested to agree to a quotation number registration program to provide consistency and faster service for our facility awarded vendors, agency members and participants. The process will require Facility Contract holders to register and receive a NCPA Vendor Registered Quotation Number that must be prominently displayed on each proposal(s) that you present to the agencies. The system will track Facility transactions from the initial proposal stage to the completion of each project. NCPA has assembled an experienced Facilities Management Team that stands ready and willing to assist its vendors in providing quality services to the awarded vendor’s organization. Failure to receive the Vendor Registered Quotation Number can result in potential delays to your services and the only acceptable proposals need to have a NCPA Vendor Registered Quotation Number.

This document acknowledges that you have received and agree to the details, directions and expectations of the NCPA Vendor Registered Quotation Number process.

Date 2/23/2017

RFP Number 35-16

Company Name McCarthy Building Companies, Inc.

Printed Name Justin Kelton

Signature

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3VENDOR QUESTIONNAIRE

TAB 3: VENDOR QUESTIONNAIRE | PAGE .RFP #35-16 | MCCARTHY BUILDING COMPANIES, INC.

Tab 3: Vendor Questionnaire

Please provide responses to the following questions that address your company’s operations, organization, structure, and processes for providing products and services.

� States Covered ¾ Bidder must indicate any and all states where products and services can be offered. ¾ Please indicate the price co-efficient for each state as it varies.

50 States & District of Columbia (Selecting this box is equal to checking all boxes below)

Alabama Maryland South Carolina Alaska Massachusetts South Dakota Arizona Michigan Tennessee Arkansas Minnesota Texas California Mississippi Utah Colorado Missouri Vermont Connecticut Montana Virginia Delaware Nebraska Washington District of Columbia Nevada West Virginia Florida New Hampshire Wisconsin Georgia New Jersey Wyoming Hawaii New Mexico Idaho New York Illinois North Carolina Indiana North Dakota Iowa Ohio Kansas Oklahoma Kentucky Oregon Louisiana Pennsylvania Maine Rhode Island

All US Territories and Outlying Areas (Selecting this box is equal to checking all boxes below)

American Samoa Northern Marina Islands Federated States of Micronesia Puerto Rico Guam U.S. Virgin Islands Midway Islands

� Minority and Women Business Enterprise (MWBE) and (HUB) Participation ¾ It is policy of some entities participating in NCPA to involve minority and women business enterprises

(MWBE) and historically underutilized businesses (HUB) in the purchase of goods and services. Respondents shall indicate below whether or not they are an M/WBE or HUB certified.

� Minority / Women Business Enterprise• Respondent Certifies that this firm is a M/WBE

� Historically Underutilized Business• Respondent Certifies that this firm is a HUB

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� Residency ¾ Responding Company’s principal state of business ins in the city of Phoenix, State of Arizona.

� Felony Conviction Notice ¾ Please Check Applicable Box;

A publicly held corporation; therefore, this reporting requirement is not applicable. Is not owned or operated by anyone who has been convicted of a felony. Is owned or operated by the following individual(s) who has/have been convicted of a felony

¾ If the 3rd box is checked, a detailed explanation of the names and convictions must be attached.

� Distribution Channel ¾ Which best describes your company’s position in the distribution channel:

Manufacturer Direct Certified education/government reseller Authorized Distributor Manufacturer marketing through reseller Value-added reseller Other: General Contractor

� Processing Information ¾ Provide company contact information for the following:

� Sales Reports / Accounts Payable Contact Person: Sammy Koch Title: Project Administrator Company: McCarthy Building Companies, Inc. Address: 6225 N. 24th Street Suite 200 City: Phoenix State: Arizona Zip: 85016 Phone: 480-449-4700 Email: [email protected]

� Purchase Orders Contact Person: Parrish Rowland Title: Sr. Project Manager Company: McCarthy Building Companies, Inc. Address: 6225 N. 24th Street Suite 200 City: Phoenix State: Arizona Zip: 85016 Phone: 602-509-1583 Email: [email protected]

� Sales and Marketing Contact Person: Marissa Roti Title: Marketing Manager Company: McCarthy Building Companies, Inc. Address: 6225 N. 24th Street Suite 200 City: Phoenix State: Arizona Zip: 85016 Phone: 480-449-4700 Email: [email protected]

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� Pricing Information ¾ In addition to the current typical unit pricing furnished herein, the Vendor agrees to offer all future

product introductions at prices that are proportionate to Contract Pricing. � If answer is no, attach a statement detailing how pricing for NCPA participants would be calculated

for future product introductions. Yes No

¾ Pricing submitted includes the required NCPA administrative fee. The NCPA fee is calculated based on the invoice price to the customer.

Yes No ¾ Vendor will provide additional discounts for purchase of a guaranteed quantity.

Yes No

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4VENDOR PROFILE

TAB 4: VENDOR PROFILE | PAGE .RFP #35-16 | MCCARTHY BUILDING COMPANIES, INC.

TAB 4: VENDOR PROFILEPlease provide answers to the following questions in a clear and concise manner.

GENERAL

1. Company’s official registered name. McCarthy Building Companies, Inc.

2. Brief history of your company, including the year it was established.Established in 1864, McCarthy Building Companies, Inc. is a 153 year old, nationwide builder. McCarthy has a long history of building facilities that drive greater value. McCarthy’s corporate office is located in St. Louis with offices in Atlanta, Dallas, Houston, San Francisco, Sacramento, San Diego, San Jose, Newport Beach, Las Vegas, Denver, Albuquerque, and Phoenix. While ENR rates McCarthy as one of the nation’s top 5 education builders, we are also rated as the number 2 healthcare builder and are nationally ranked in diverse construction areas such as hospitality/entertainment, Native American, science & technology, parking structures, water/wastewater, and heavy/civil & transportation. We work for local, state, and federal clients as well as private users.

The McCarthy Southwest Region office in Phoenix is home to a dedicated K-12 Education Services Group that has its total focus vested in educational projects. McCarthy is a leading K-12 and higher education builder in Arizona, Nevada, California, and New Mexico through its introduction of a management approach and professionalism previously unexperienced by the local community. The Education Services Group has extensive experience in all facets of K-12 construction with particular emphasis on additions, alterations, and renovations. We specialize in energy upgrades and efficiencies in areas such as controls, HVAC, lighting, and renewable energy projects.

3. Company’s Dun & Bradstreet (D&B) number.00-195-1375

4. Corporate office location. 1341 North Rock Hill Road, St. Louis, Missouri 63124-1441, 314-968-3300

5. List the total number of sales persons employed by your organization within the United States, broken down by market. McCarthy is one of America’s premier builders with nearly 2,000 employees across the country. Our sales approach is “Marketing is everybody’s job.” Our sales team leaders work closely with our Office Executives, Project Directors, Project Managers and other field staff structured by regions (identified below). Many of our sales team leaders oversee various regions. For example, Water/Wastewater is lead nationally by staff based in Phoenix. (continued on next page)

1 .

We bring a network of nationwide expertise to every project

everywhere. It’s an unbeatable combination of local expertise

and national know-how.

4VENDOR PROFILE


Question 5 continued: List the total number of sales persons employed by your organization.

SOUTHWESTPhoenix: 1 Sr. Manager of Business Development, JOC1 Director of Business Development, Public and Healthcare2 Director of Business Development, K-12 and Higher Education 2 Director of Business Development, Water/Wastewater (national)1 Director of Business Development, Solar (national)

Albuquerque:1 Director of Business Development, all markets

Las Vegas: 1 Director of Business Development, all markets

Denver:1 Director of Business Development, all markets

TEXASDallas:2 Vice President of Business Development, all markets1 Director of Business Development, all markets

Houston:1 Vice President of Business Development, all markets

NORTHERN PACIFIC San Francisco: 2 Vice President Business Development, all markets

Sacramento:1 Director of Business Development, all markets

SOUTHERN CALIFORNIANewport Beach:1 Vice President of Business Development, all markets1 Director of Business Development, Healthcare2 Directors of Business Development, Education and Public

San Diego:1 Vice President of Business Development, all markets1 Director of Business Development, all markets

CENTRAL U.S. St. Louis: 1 Vice President of Business Development, Science and Technology (national)2 Director of Business Development, all markets1 Director of Business Development, Healthcare1 Director of Business Development, Federal (national)

Illinois: 1 Director of Business Development, all markets

Portage:1 Director of Business Development, Industrial (national)

Kansas City:2 Director of Business Development, all markets

SOUTHEASTAtlanta:2 Director of Business Development, all markets

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McCarthy Office Locations

4VENDOR PROFILE


6. List the number and location of offices, or service centers for all states being offered in solicitation. Additionally, list the names of key contacts at each location with title, address, phone and e-mail address. Arizona:6225 N. 24th St. Suite 200 Phone: (480) 449-4700 Phoenix, AZ 85016 Fax: (480) 449-4747

David Peterson Parrish Rowland Vice President, Education Division Sr. Project Manager, Job Order Contracts 480-449-4700 602-509-1583 [email protected] [email protected]

7. Please provide contact information for the person(s) who will be responsible for the following areas, including resumes. a. Sales: Parrish Rowland b. Sales Support: Tara Malloy c. Marketing: Marissa Roti d. Financial Reporting: Sammy Koch e. Executive Support: David Peterson

Resumes can be found on next page.

8. Define your standard terms of payment.McCarthy receives payment by Net 30.

9. Who is your competition in the marketplace?Our Competition is any commercial general contracting firm that provides ADPM services.

12. What is your strategy to increase market share?McCarthy’s Southwest Region consists of a mature office in Phoenix, AZ, satellite offices in Albuquerque, NM and Denver, CO and a divisional office in Las Vegas, NV. Our Phoenix office has three main business units: Education, Infrastructure Services, and Southwest (which is the overall umbrella unit focusing on the healthcare, public, higher education, Native American, parking, developer projects, and solar markets). To maintain our outstanding reputation, our focus remains on providing outstanding service. (continued on page 5)

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McCarthy is licensed to do work in all 50

states and may later request additional work

elsewhere under this contract.

4VENDOR PROFILE


TARA MALLOYDIRECTOR OF CLIENT SERVICES

Tara has been with McCarthy for over 15 year. She assists with community events and customer service. With 21 years experience, you can be assured that every milestone of your project is handled with professionalism and care, while adding value to Region 14 ESC.

RESUMESPARRISH ROWLANDPROJECT MANAGER

Parrish Rowland is our Senior JOC Project Manager. Along with support from Project Managers Bob Anderson and Bob Edkins, they supplement McCarthy’s preconstruction team with constructibility reviews by assessing efficiencies and consistency with trade capabilities. They assist in negotiation and buy out of subcontracts and purchase orders, finalize the master construction schedule, and coordinates subcontractor activities and manpower requirements. They have responsibility for final review and approval of schedule of values and monthly pay requests.

Experience: 226 JOC Projects completed in the past 9 years (K-12: 125, Higher Ed: 90, Municipality: 11) JOC Contract Experience: Maricopa Community College District JOC, ASU JOC, Mohave JOC, TCPN JOC, Paradise Valley Unified School District JOC, Washington Elementary School District JOC, Scottsdale Unified School District JOC, Cartwright School District JOC, Maricopa County Facilities Maint. Dept. JOC, City of Tempe JOC, City of Surprise JOC, Maricopa Integrated Health Systems JOCProject Range: $5,000 to $1.99 million

SAMMY KOCHPROJECT ENGINEER

Sammy will focus on financial reporting for Region 14 ESC but will also handle regular Project Engineer duties including communication, field reporting, and overall day-to-day field activities. Sammy has experience within JOC as an experienced engineer and is highly qualified in the Job Order Contracting realm.

DAVID PETERSONVICE PRESIDENT, EDUCATION DIVISION

David will support the Project Team through all aspects of the project and will assist Region 14 ESC at the executive leve. David brings experience in both education and facilities to ensure that Instruction Drives Construction. As Vice President of Operations for Education Services, Dave is responsible for integrating McCarthy’s various departments, including estimating, scheduling, accounting, safety, quality control, management information systems and contracts, into your projects as they become necessary. Dave’s responsibilities will include staffing, overall job cost, schedule, quality, and safety for the Division and for Region 14 ESC.

4 .

MARISSA ROTIMARKETING MANAGER

Marissa is responsible for developing, implementing and executing strategic marketing plans for McCarthy’s Southwest Region. She seeks to attract potential customers while also retaining existing ones. She also manages her team’s day-to-day marketing activities, which would include material for Region 14 ESC.

4VENDOR PROFILE


Question 12 Continued: What is your strategy to increase market share?

The Southwest Region continues to grow our self-perform capabilities to enhance our market presence. We have continued to diversify by breaking into new markets and geographies. Our Regional focused market initiatives in implementation are:

• Continued development of business units by hiring outside talent to increase market share.

• A strong regional operation, by our Infrastructure Services Group, with a growing presence in Texas, Colorado, Nevada, and California.

We are planning for industrial work that will enable us to take our existing expertise and grow it into the emerging mining and power industry.

13. What differentiates your company from competitors?McCarthy. Our Difference is Building.® How has McCarthy grown to become one of America’s premier builders? Here are just a few of the many ways, which all add up to an answer as simple as it is profound. It’s just different here. And our difference is building.

True builders. Because we are builders who understand every aspect of your project, we have greater control over the entire construction process—from project/risk management to cost/quality controls. We thrive on the challenge of working ‘hands-on’ and owning responsibility for the most complex and challenging of projects, both large and small, so we can deliver the best final cost, every time.

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From planning through completion. Count on us to handle every aspect of your project, including preconstruction, self-perform services, project management, risk management, safety, quality and budget management. We have in-house experts in conceptual estimating, alternative building systems, phasing/procurement strategies and much more. All to ensure you get the most from every construction dollar.

We’re here for you. For over 153 years, McCarthy has been financially sound, never defaulting on a payment or performance bond. Respected by major surety companies throughout North America, McCarthy decreases your risk in an economically uncertain world—where contractor defaults are on the rise. Customer centric and 100% employee owned. McCarthy employees have a vested interest in every project’s success...and your complete satisfaction. There’s a unique sense of pride here that only an owner can have. As we say, it’s just different here. It shows in our customer satisfaction ratings and repeat business.

Where quality and safety meet. Quality and safety are the foundation of who we are and one leads to the other. A safe site is a clean site. A quality project eliminates rework, reducing the risk of injury. Our leadership in quality and safety stands alone. For example, we’ve led in healthcare construction for as long as rankings have been kept. We’ve earned our industry’s premier safety award, the Willis/AGC Construction Safety Excellence Award which has resulted in our experience modification rate being one of the lowest in our industry.

Complete copies of our Site Specific Quality Plan and Site Specific Safety Plans are available upon request.

Here, technology drives innovation. More than a hands-on builder, we embrace the most forward-thinking technologies as well, including BIM, Integrated Project Delivery, Sustainable Construction, and Lean Building.

4VENDOR PROFILE

TAB 4: VENDOR PROFILE | PAGE .RFP #35-16 | MCCARTHY BUILDING COMPANIES, INC. 6 .

Local and national. All building may be ‘local,’ but it often takes national resources to help overcome the greatest challenges. We combine industry-wide expertise with the very best local talent to create more certainty for owners and subs alike. By doing so, we also help ensure worker safety, while earning the respect (and repeat business) of every owner. Perhaps most of all, we give back to the communities we serve and call home. This is the true diference we make.

14. What is the reputation of your company and your company’s products and services in the marketplace? McCarthy’s core purpose and never-ending goal is to be the Best Builder in America. In order to achieve this, we take pride in and focus heavily on our core values and strategic anchors. Our core values are centered around three main points: Genuine, We, Not I, and All In.

Genuine Builders. We respect the work we do and the people who do it: all employees, owners, and associates.

We, Not I. We believe in the power of teamwork and understand that in this industry, we cannot be successful without it.

All In. We are 100% committed and we pride ourselves on being the builder you can always count on to get the job done.

Our strategic anchors drive our business to be the best that we can be and ultimately set us apart from our competitors. Our three strategic anchors include Operational Excellence, Top Talent, and Client Focus.

Operational Excellence serves as our goal to continuously improve our ability execute work in all aspects of a project; safe, quick, profitable, and high quality.

Top Talent ensures that you are being given a team that we’ve noticed to be the best people in our industry. We focus on not only recruiting, but training and retaining top talent to create the best workplace possible for all of our clients.

Client Focus, the main anchor that drives our reputation, is to always create an exceptional client experience through strong relationships, knowledge of your business, and a main focus on the ability to deliver impactful solutions.

With our core values and strategic anchors combined, we hope to achieve our core purpose of becoming the Best Builder in America. Our clients say they repeatedly choose McCarthy because of the outstanding level of expertise and service we provide. often takes national resources to help overcome the greatest challenges. We combine industry-wide expertise with the very best local talent to create more certainty for owners and subs alike. By doing so, we also help ensure worker safety, while earning the respect (and repeat business) of every owner. Perhaps most of all, we give back to the communities we serve and call home. This is the true difference we make.

4VENDOR PROFILE


15. Describe the capabilities and functionality of your firm’s on-line catalog/ordering website. N/A

16. Describe your company’s Customer Service Department (hours of operation, number of service centers, etc.)McCarthy’s warranty customer service department is available 24 hours.

MARKETING AND SALES

17. Detail how your organization plans to market this contract within the first 90 days of the award date. This should include, but not be limited to:

a. A co-branded press release within the first 30 days b. Announcement of award through any applicable social media sites c. Direct mail campaigns d. Co-branded collateral pieces e. Advertisement of contract in regional or national publications f. Participation in trade shows g. Dedicated NCPA and Region 14 ESC internet web-based homepage with:

i. NCPA and Region 14 WSC Logo ii. Link to NCPA and Region 14 ESC website iii. Summary of contract services offered iv. Due Diligence Documents including; copy of solicitation, copy of contract, and any amendments, marketing materials

McCarthy is able to market this contract within the first 90 days using all of the above mentioned items.

MCCARTHY’S MARKETING PLAN

McCarthy heavily supports the organizations and associations in our industry and those that our clients are involved in. Highlights of the activities to promote our partnership with Region 14 ESC are:

• Display Region 14 ESC’s logo on our brochures, marketing materials, and other publications such as magazines

• Display Region 14 ESC’s logo on our trade show booths

• Promote Region 14 ESC through meetings with clients and potential clients

®

R

An example of what would be on display at McCarthy’s

Conference/Trade Show booth display, marketing

NCPA.

4VENDOR PROFILE


A sampling of association and organization conferences and trade shows we attend, sponsor and/or exhibit:

Albuquerque Economic Development Alliance for Construction Excellence (ACE)

American Institute of Architects (AIA) American Society of Healthcare Executives (ASHE)

American Society of Professional Estimators (ASPE) American Subcontractors Association

American Water Works Association Associated Builders and Contractors, Inc.

Associated General Contractors of America (AGC) Arizona Association for Economic Development (AAED)

Arizona Association of School Business Officials (AASBO) Arizona Builders Alliance (ABA)

Arizona Business and Education Coalition (ABEC) Arizona Contractors Association (ACA)

Arizona Public Works Association (APWA) Arizona School Administrators, Inc. (ASA)

Arizona School Board Association (ASBA) ASU Healthcare Design Initiative

Council for Educational Facility Planners International (CEFPI) Central Arizona Society of Health Engineers (CASHE)

Construction Financial Management Association (CFMA) Construction Management Association of America (CMAA)

Construction Specification Institute (CSI) Design Build Institute of America (DBIA)

International Council of Shopping Centers (ICSC) Greater Phoenix Economic Council (GPEC)

NAIOP Commercial Real Estate Development Association National Roofing Contractors Association

Native Indian Game Association (NIGA) New Mexico Association of School Business Officials (NASBO)

New Mexico Coalition for Charter Schools New Mexico Coalition of School Administrators

Phoenix Biomedical Advisory Council Phoenix Community Alliance (PCA)

Phoenix Development Advisory Board Reuse Water Association

Society of American Military Engineers (SAME) Society of College & University Planners (SCUP)

Solar Electric Power Association Southwest Parking Association

US Green Building Council University of New Mexico Design Excellence Council

Valley Partnership Water Environment Federation (WEF)

WESTMARC

18. Describe how your company will demonstrate the benefits of this contract to eligible entities if awarded.As Region 14 ESC’s ambassadors, we will promote the Region 14 ESC program as an effective purchasing tool for construction projects that is based on qualifications, is easy to engage, easy to follow, and reduces time which ultimately saves them money. We will provide unmatched quality and service for every project we perform regardless of size, and will maintain and make available a running list of projects completed through the Region 14 ESC program that will include scope of work, time line, cost, and success based on customer surveys. We will work hard to ensure each Region 14 ESC customer fully satisfied with their project, as we view each project as a resume for the next one.

19. Explain how your company plans to market this agreement to existing government customers.We believe in partnering with our customers to provide viable construction solutions for all of their construction needs. As many of our customers currently use JOC contracting in one form or another, we will meet directly with them to explain the benefits and ease of using the Region 14 ESC contract and identify specific projects where they could immediately benefit from using this service. We will provide a JOC specific team that is well versed in working with Region 14 ESC that is responsive to their needs and represents Region 14 ESC as a “best value” option for all their small and medium sized projects.

4VENDOR PROFILE


20. Provide a detailed 90-day plan describing how the contract will be implemented within your firm.Upon award, McCarthy will collaborate with the multiple market sector divisions within the organization to collectively implement an initiative that includes communication, sales and marketing and full execution within 90 days for an aggressive kick off.

21. Describe how you intend on train your national sales force on the NCPA agreement.McCarthy will kick off with a meeting with our sales forces to review of contract requirements and strategic development. These meetings will continue quarterly to ensure the continued success of the NCPA agreement.

22. Acknowledge that your organization agrees to provide its company logo(s) to NCPA and agrees to provide permission for reproduction of such logo in marketing communications and promotions.McCarthy acknowledges and agrees to this requirement.

ADMINISTRATION

24. Describe your company’s implementation and success with existing cooperative purchasing programs, if any, and provide the cooperatives name(s), contact person(s), and contact information as reference(s).McCarthy has a dedicated group of professionals that focus primarily on Job Order Contracting services for K-12, higher education, city, and county municipalities and organizations. Through direct contact with existing customers, we were successful in attracting and completing over $10M in construction projects in 2015 and have raised the bar considerably for 2016. We are currently approved vendors for the following cooperative contracts:

Cooperative Name Contact Person Contact Information 1GPA Christy Knorr

Director of Ops1910 W. Washington St. Phoenix, AZ 85009951-775-8466

S.A.V.E Stephanie BauerAssistant Director of Admin Services

P.O. Box 5637 Flagstaff, AZ 86011 928-523-3839

Mohave Education Services

Deborah SandovalDirector of Outreach and Education

5225 N. Central Ave, Ste 218, Phoenix, AZ 85012602-277-4920

25. Describe the capacity of your company to report monthly sales through this agreement. We track all costs for every project at McCarthy and can provide reporting in any level of detail as requested.

26. Describe the capacity of your company to provide management reports, i.e. consolidated billing by location, time and attendance reports, etc. for each eligible agency.As mentioned above, we track all costs and keep documentation for every aspect of our projects. We are able to provide detailed reports regarding all areas as requested.

4VENDOR PROFILE


27. Please provide any suggested improvements and alternatives for doing business with your company that will make this agreement more cost effective for your company and Participating Public Agencies. McCarthy does not have any suggested improvements at this time.

GREEN INITIATIVES

28. Please provide your company’s environmental policy and/or green initiative.McCarthy has been creating high-performance buildings for decades, well before LEED became a critical designation for the building environment in our communities. We believe building ‘green’ is just good business for everyone. We continue to set new standards for sustainable construction, providing cost and constructibility input in a project’s early stages and implementing the latest in sustainable building design via passive solar design, daylighting, alternative energy sources, photovoltaics, recycled materials and high performance HVAC systems. As leading sustainable builders, we stay abreast of the latest developments—hundreds of our employees are LEED Accredited Professionals, attending our own, in-house training sessions—to help the project team achieve your high performance and green building construction goals.

Our nationwide, high-performance network of sustainable construction initiatives ensures we bring the most advanced green building solutions to each project. Green is not a trend at McCarthy, it’s an enduring philosophy and business solution.

Our Green Mission McCarthy believes the choices we make are not just for today…these choices will leave a legacy for those who will follow us and create new footprints on this earth. McCarthy’s never-ending goal is to be The Best Builder in America. Inherent in this statement is the responsibility to serve as stewards of the environment entrusted to us by those who have come before and will come after by striving to become the best in sustainable construction. Our commitment revolves around four basic tenets:

• Weaving sustainability into the fabric of all company operations • Encourage all clients and partners to incorporate sustainable

building design and construction methods regardless of project goals

• Bringing viable green solutions to the table • Educating and training our employees and sustainable building

contractors to give them the tools to lead the way

While we’re in the business of building the landscape, it is up to us to build responsibly. Making a real difference today...for our world tomorrow.

10 .

McCarthy believes the choices we make are not just for

today…not just for us or our clients. The choices we make will leave a legacy for those

who will follow us and create new footprints on this earth.

4VENDOR PROFILE


VENDOR CERTIFICATIONS

Provide a copy of all current licenses, registrations, and certifications, issued by federal, state and local agencies, and any other licenses, registrations or certifications from any other governmental entity with jurisdiction, allowing respondent to perform the covered services including, but not limited to licenses, registrations or certifications and other diverse business certifications, as well as manufacturer certifications for sales and service must be included if applicable.

McCarthy is qualified to do business in 35 states. Our Arizona license numbers are:

• General Commercial Contractors, Class B-01, 080911• General Engineering, Class A, 080910-003• Residential General Building Contractor, Class B, #133580• Air Conditioning & Refrigeration, Class K-39, #138400• Plumbing, Class L-37, #251222• Arizona Department of Gaming, State ID #94663

5PRODUCTS AND SERVICES

TAB 5: PRODUCTS AND SERVICES | PAGE .RFP #35-16 | MCCARTHY BUILDING COMPANIES, INC.

Tab 5: Products and ServicesPlease indicate the Unit Price Book(s) you intend to use with this Delivery Method.

McCarthy plans to utilize RS Means Cost Works.

Please identify how you intend to deliver all other Delivery Methods, i.e. Cost Plus, Guaranteed Maximum Price, Time and Material, Not to Exceed, etc., if you do not intend to utilize IDIQ for these services.

McCarthy is capable of delivering pricing models using any of the above listed methods. For this program, McCarthy recommends utilizing the RS Means Cost Works Database unit pricing, open book pricing, and cost plus.

RSMeans Proposals:All project estimates will be created in MS Excel and will be assembled by line item detail outlining description, quantity, cost and total. Every proposal will have a proposal cover sheet, exhibits, scope of work, clarifications and exclusions to help identify the exact detailed scope of work being provided leaving no room for uncertainty. Once a proposal is submitted, McCarthy will meet with the member in person to review the proposal line by line to ensure the member has good comprehension of the scope of work.

Open Book: Open book proposals will be created in MS Excel and will be assembled by line item detail outlining description, quantity, cost and total. Each task to be performed will be detailed with all subcontractor bid pricing listed for comparison and totaled by division. Attached to each proposal will be the back up paperwork from each received proposal for member review. Once a proposal is submitted, McCarthy will meet with the member in person to review the proposal line by line to ensure the member has good comprehension of the scope of work.

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8VALUE ADDED PRODUCTS AND SERVICES

TAB 8: VALUE ADDED PRODUCTS AND SERVICES | PAGE .RFP #35-16 | MCCARTHY BUILDING COMPANIES, INC.

TAB 8: VALUE ADDED PRODUCTS AND SERVICESInclude any additional products and/or services available that the vendor currently performs in their normal course of business that is not included in the scope of the solicitation that you think will enhance and add value to this contract for Region 14 ESC and all NCPA participating entities.

JOB ORDER CONTRACTING SERVICES FOR EDUCATION

McCarthy has been at the forefront of Job Order Contracting (JOC) since it became legal stature in 2000. Similar to JOC, we were selected for Arizona’s first public CM-at-Risk project, Chandler School District’s Santan Jr. High School, and the first public design-build project for the State of Arizona. Since that time, McCarthy has also provided JOC services to many public school districts, universities and municipalities. We are a customer based organization and will provide the full gamut of services based on your member’s needs.

McCarthy has extensive experience working on educational based projects. We have completed over $900 million in education based projects in Arizona with over 15 districts. The majority of our projects have been on busy, occupied campuses – so we have experience working within a variety of time constraints.

A good portion of our education projects are delivered in packages on multiple campuses. We recently upgraded HVAC units at 25 campuses for Chandler Unified. We have also worked on several projects for Glendale Union High School District that required us packaging several smaller projects and then establishing a Guaranteed Maximum Price. At Glendale Union, we completed over 40 smaller projects, under one contract. We are able to staff the projects with one project manager and multiple superintendents. Our staff works off hours, such as nights, weekends, and school inter-sessions. Other examples include Peoria Unified Renovations to 5 campuses, Corona del Sol High School multi-phased project, Sedona Unified Renovations/Additions to 3 Schools, and Phoenix Union Renovations/Additions to seven High Schools. Working on multiple projects simultaneously is all about communication, flexibility, and meeting commitments.

JOB

ORD

ER C

ON

TRAC

TIN

G SE

RVIC

ES F

OR

EDU

CATI

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VALUE TO PARTICIPATING AGENCIES

It is critical to our clients that we do what we say we are going to do, and take advantage of time frames that allow us to be the most productive while causing minimal disruption to the education process. Our subcontractors and self-perform staff understand the need to work off hours, and increase manpower during summer breaks and school holidays to meet schedule commitments.

• Our scheduler, Jason Billings, has dedicated his career to scheduling these types of projects. Jason knows that in order to deliver a quality project on time we need to have buy-in from the entire team, we need to be open and make changes quickly, take advantage of opportunities to save time and money, work out existing conditions, implement design changes or apply city requirements, and accommodate school activities. Most importantly, Jason knows we need to finish on time.

VALU

E TO

PAR

TICI

PATI

NG

AGEN

CIES PROGRESSION ON NIGHT-WORK RENOVATIONS IN A CLASSROOM

7:00 pm 10:30 pm

2:00 am 8:00 am

1 .



VALUE TO NCPA

We are committed to providing full-service construction services to NCPA’s members. McCarthy’s philosophy is all about the team and delivering a quality project, on time. Open communication, ownership of issues and solutions, clear understanding of roles and decision drivers, and reasonable mutual performance expectations result in successful interaction. We will continue to build and improve on that relationship as summarized:

• Represent the best interest of NCPA’s members at all times.• Develop and implement, with the team a specific site quality and safety plan for NCPA Task Order.• Assist in problem solving, manage the schedule, and schedule around the needs of the member. • Foster and maintain open communication – what we know you know.• Provide accurate and timely information in the form of estimates, constructibility reviews, and schedule

updates for members to make informed decisions.• Be sensitive to each member’s internal organization – we are a guest in your home.• Work with members to implement and promote cost-effective solutions without sacrificing quality.• Be proactive at all times, you will not be waiting on McCarthy.• Introduce our full-time warranty superintendent early to support your member’s needs following

construction completion.

McCarthy believes strongly in problem prevention and solving problems in their early stage. Our team members always have the urgency for catching that next, unforeseen issue. We have found that potential problems typically arise due to either miscommunication or lack of technical coordination. As Executive Support and oversight, David Peterson will eliminate miscommunication among team members and improve technical coordination. McCarthy also uses our Site Specific Quality Plan (SSQP) to prevent both types of potential problems by identifying and discussing areas of concern early.

It is this focus that differentiates us from our competitors. We have developed and implemented formal procedures and processes that are simply head and shoulders above our competitors. These industry-leading processes have been in place for over 20 years on a shared platform for all McCarthy employees to use. There are weekly updates, modifications and refinements from our experiences across the nation. We selectively pioneer new means and methods on our projects in the best interests of our clients, with an eye toward continuous quality improvement.

VALU

E TO

NCP

A

Value to Participating Agencies (Continued)

• Our self-perform capabilities are instrumental to the success we have had with demanding schedules and delivering a quality product to our clients. Having these capabilities allow us to assist or step in for a subcontractor that is struggling. Most of our superintendents have come up through the trades and grasp the concept and the steps it takes to deliver a quality product the first time around.

• Our in-house mechanical services group allows us to order equipment direct from suppliers. You will not be waiting for equipment at the end of the job. We recently ordered over 100 package units and three central plants directly for the Peoria and Chandler Unified School Districts.

• We have a deep pool of qualified subcontractors

VALU

E TO

AGE

NCI

ES

McCarthy is the nation’s oldest, largest, privately-held construction firm. Each and every one of the firm’s employee-owners is united toward one goal - To be the Best Builder in America. This goal is pursued by continuous improvement, providing value through creative, intelligent solutions to our customers’

challenges, and a focus on demonstrating integrity and fostering mutual respect.

2 .



PROJECT SAFETYWhile our target remains set at ZERO safety incidents, our focus earned us a nod from the AGC of America as the Safest Contractor in the Country performing over 1 million man hours of work last year. Each year we raise the bar on our safety requirements in search of our goal, and each year our clients benefit from reduced insurance costs and safety of all affected by the construction on their campuses.

QUALITY ASSURANCE / QUALITY CONTROLOur “Quality without Question” program delivers a site specific quality program on each project, complete with a Water Infiltration Prevention Program, MEP Coordination program, Mock-Up program, Building Information Modeling, and multiple other components to ensure the buildings we deliver function as intended from day one. For example, we can 3D model your front entrance so you can visualize it before the design is complete.

BUILDERS NOT BROKERSOur people understand what it takes not just to manage the construction process, but also how to build and deliver the work through our self-perform capabilities. We develop logistics plans for the construction sequence that truly incorporate how the project will be built, maximizing efficiencies and minimizing general conditions costs.

RELIABLE AND EFFICIENT SCHEDULESWe have never missed a scheduled completion date and your project will be no exception. While you will find the full array of services expected from a leading construction manager at risk, at McCarthy you get more. You will find a depth of resources truly committed to making each project experience better than the last and who are supported by an organization-wide commitment to continuous improvement.

COMMUNITY INVOLVEMENTMcCarthy employees are as passionate about building better communities as we are about construction. McCarthy’s “Heart Hats” program is dedicated to supporting employees efforts in a variety of causes to ensure real needs are being met in communities where we live and work. We care about education and a large portion of our program is driven by requests public schools where state funding is challenged. McCarthy assists public education on many levels to help

bridge the gap between public school funding and student needs, and to make Arizona’s economy strong.

3 .

OUR DIFFERENCE

IS

BUILDING



Describe how your company would market this product and/or service through this contract.

Currently, McCarthy works with many of the K-12 and Higher Education organizations in Arizona, and would start marketing the NCPA JOC contract to customers we already have working relationships with. We would begin by scheduling a meeting with NCPA to partner with them on the new branding and marketing approach for this product. We would create a marketing program with a presentation for in-person meetings and create material that explains the NCPA program, highlighting its strengths to the customer. We would then schedule a time to meet with our current customers in person and introduce NCPA and it's advantages to them. Then "ask for an opportunity."

For new customers, we would use this new contract as an opportunity to meet with them to discuss future opportunities and share with them the advantages of the NCPA contract, describing how it's buying power would benefit their organization. We will market the NCPA program at vendor showcases such as AASBO and other facilities expos as well as create marketing and leave behind materials for future reference.

Provide an anticipated size of the market for this product and/or service in the public arena.

Our market map for JOC operations in Arizona is divided into 4 sectors, K-12, Higher Education, Municipalities, and Non Profits. Combined, we believe these markets bare approximately $250M per year in JOC construction service opportunities. As our JOC operations grow and our ability to gain market share increases, our goal is to capture approximately 10% of the total market by 2020. We believe that partnering with NCPA will enhance our ability to gain more market share as it will provide our current customers and new customers with another purchasing avenue for fast turn construction projects.

Please refer to Tab 4: Vendor Profile, Page 1 for an in-depth detail of McCarthy's Marketing Plan alongside NCPA.

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9REQUIRED DOCUMENTS

TAB 9: REQUIRED DOCUMENTS | PAGE .RFP #35-16 | MCCARTHY BUILDING COMPANIES, INC.

TAB 9: REQUIRED DOCUMENTS• Clean Air and Water Act / Debarment Notice• Contractors Requirements• Antitrust Certification Statements• FEMA Standard Terms and Conditions Addendum for Contracts and Grants• Required Clauses for Federal Assistance by FTA• State Notice Addendum

1 .

9REQUIRED DOCUMENTS


CLEAN AIR AND WATER ACT / DEBARMENT NOTICE

I, the Vendor, am in compliance with all applicable standards, orders or regulations issued pursuant to the Clean Air Act of 1970, as Amended (42 U.S. C. 1857 (h), Section 508 of the Clean Water Act, as amended (33 U.S.C. 1378), Executive Order 117389 and Environmental Protection Agency Regulation, 40 CFR Part 15 as required under OMB Circular A-102, Attachment O, Paragraph 14 (1) regarding reporting violations to the grantor agency and to the United States Environmental Protection Agency Assistant Administrator for the Enforcement.

I hereby further certify that my company has not been debarred, suspended or otherwise ineligible for participation in Federal Assistance programs under Executive Order 12549, “Debarment and Suspension”, as described in the Federal Register and Rules and Regulations.

Potential Vendor McCarthy Building Companies, Inc.

Print Name Justin Kelton


City, State, Zip Phoenix, AZ 85016

Authorized Signature

Date 2/23/2017

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9REQUIRED DOCUMENTS


CONTRACTOR REQUIREMENTS

Contractor CertificationContractor’s Employment Eligibility

By entering the contract, Contractor warrants compliance with the Federal Immigration and Nationality Act (FINA), and all other federal and state immigration laws and regulations. The Contractor further warrants that it is in compliance wit the various state statues of the states it is will operate this contract in.

Participating Government Entities including School Districts may request verification of compliance from any Contractor or subcontractor performing work under this Contract. These Entities reserve the right to confirm compliance in accordance with applicable laws.

Should the Participating Entities suspect or find that the Contractor or any of its subcontractors are not in compliance, they may pursue any and all remedies allowed by law, including, but not limited to: suspension of work, termination of the Contract for default, and suspension and/or debarment of the Contractor. All costs necessary to verify compliance are the responsibility of the Contractor.

The offeror complies and maintains compliance with the appropriate statues which requires compliance with federal immigration laws by State employers, State contractors and State subcontractors in accordance with the E-Verify Employee Eligibility Verification Program.

Contractor shall comply with the governing board policy of the NCPA Participating entities in which work is being performed.

Fingerprint & Background Checks

If required to provide services on school district property at least five (5) times during a month, contractor shall submit a full set of fingerprints to the school district if requested of each person or employee who may provide such service. Alternately, the school district may fingerprint those persons or employees. An exception to this requirement may be made as authorized in Governing Board Policy. The district shall conduct a fingerprint check in accordance with the appropriate state and federal laws of all contractors, subcontractors or vendors and their employees for which fingerprints are submitted to the district. Contractor, subcontractors, vendors and their employees shall not provide services on school district properties until authorized by the District.

The offeror shall comply with fingerprinting requirements in accordance with appropriate statutes in the state in which the work is being performed unless otherwise exempted.

Contractor shall comply with governing board policy in the school district or Participating Entity in which work is being performed.

Business Operations in Sudan, Iran

In accordance wit A.R.S. 35-391 and A.R.S. 35-393, the Contractor hereby certifies that the contractor does not have scrutinized business operations in Sudan and/or Iran.


Date 2/23/2017

3 .

9REQUIRED DOCUMENTS


ANTITRUST CERTIFICATION STATEMENTS (Tex. Government Code § 2155.005)

I affirm under penalty of perjury of the laws of the State of Texas that:

(1) I am duly authorized to execute this contract on my own behalf or on behalf of the company, corporation, firm, partnership or individual (Company) listed below;

(2) In connection with this bid, neither I nor any representative of the Company has violated any provision of the Texas Free Enterprise and Antitrust Act, Tex. Bus. & Comm. Code Chapter 15;

(3) In connection with this bid, neither I nor any representative of the Company has violated any federal antitrust law; and

(4) Neither I nor any representative of the Company has directly or indirectly communicated any of the contents of this bid to a competitor of the Company or any other company, corporation, firm, partnership or individual engaged in the same line of business as the Company.

Company name McCarthy Building Companies, Inc.


City, State, Zip Phoenix, AZ 85016

Telephone No. 480-449-4700

Fax No. 480-449-4747

Email Address [email protected]

Printed Name Justin Kelton

Position with Company Southwest Region President


4 .

9REQUIRED DOCUMENTS


FEMA STANDARD TERMS AND CONDITIONS ADDENDUM FOR CONTRACTS AND GRANTS

If any purchase made under the Master Agreement is funded in whole or in part by Federal Emergency Management Agency (“FEMA”) grants, Contractor shall comply with all Federal laws and regulations applicable to the receipt of FEMA grants, including, but not limited to the contractual procedures set forth in Title 44 of the Code of Federal Regulations, Part 13 (“44 CFR 13”).

In addition, Contractor agrees to the following specific provisions:

1) Pursuant to 44 CFR 13.36(i)(1), University is entitled to exercise all administrative, contractual, or other remedies permitted by law to enforce Contractor’s compliance with the terms of this Master Agreement, including but not limited to those remedies set forth at 44 CFR 13.43.

2) Pursuant to 44 CFR 13.36(i)(2), University may terminate the Master Agreement for cause or convenience in accordance with the procedures set forth in the Master Agreement and those provided by 44 CFR 13.44.

3) Pursuant to 44 CFR 13.36(i)(3)-(6)(12), and (13), Contractor shall comply with the following federal laws:a. Executive Order 11246 of September 24, 1965, entitled “Equal Employment Opportunity,” as

amended by Executive Order 11375 of October 13, 1967, and as supplemented in Department of Labor (“DOL”) regulations (41 CFR Ch. 60);

b. Copeland “Anti-Kickback” Act (18 U.S.C. 874), as supplemented in DOL regulations (29 CFR Part 3);

c. Davis-Bacon Act (40 U.S.C. 276a-276a-7) as supplemented by DOL regulations (29 CFR Part 5);d. Section 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 32730) as

supplemented by DOL regulations (29 CFR Part 5);e. Section 306 of the Clean Air Act (42 U.S.C. 1857(h), section 508 of the Clean Water Act (33 U.S.C.

1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part 15); and

f. Mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation play issued in compliance with the Energy Policy and Conservation Act (Pub. L.94-163, 89 Stat. 871).

4) Pursuant to 44 CFR 13.36(i)(7), Contractor shall comply with FEMA requirements and regulations pertaining to reporting, including but not limited to those set forth at 44 CFR 40 and 41.

5) Pursuant to 44 CFR 13.36(i)(8), Contractor agrees to the following provisions 72 regarding patents:a. All rights to inventions and/or discoveries that arise or are developed, in the course of or under

this Agreement, shall belong to the participating agency and be disposed of in accordance with the participating agencies policy. The participating agency, at its own discretion, may file for patents in connection with all rights to any such inventions and/or discoveries.

6) Pursuant to 44 CFR 13.36(i)(9), Contractor agrees to the following provisions, regarding copyrights: a. If this Agreement results in any copyrightable material or inventions, in accordance with 44 CFR

13.34, FEMA reserves a royalty-free, nonexclusive, and irrevocable license to reproduce, publish or otherwise use, for Federal Government purposes: 1) The copyright in any work developed under a grant or contract; and 2) Any rights of copyright to which a grantee or a contractor purchases ownership with grant

5 .

9REQUIRED DOCUMENTS


support.7) Pursuant to 44 CFR 13.36(i)(10), Contractor shall maintain any books, documents, papers, and records of

the Contractor which are directly pertinent to this Master Agreement. At any time during normal business hours and as often as the participating agency deems necessary, Contractor shall permit participating agency, FEMA, the Comptroller General of United States, or any of their duly authorized representatives to inspect and photocopy such records for the purpose of making audit, examination, excerpts, and transcriptions.

8) Pursuant to 44 CFR 13.36(i)(11), Contractor shall retain all required records for three years after FEMA or participating agency makes final payments and all other pending matters are closed. In addition, Contractor shall comply with record retention requirements set forth in 44 CFR 13.42.

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9REQUIRED DOCUMENTS


REQUIRED CLAUSES FOR FEDERAL ASSISTANCE BY FTA

ACCESS TO RECORDS AND REPORTS

Contractor agrees to:

a) Maintain all books, records, accounts and reports required under this Contract for a period of not less than three (3) years after the date of termination or expiration of this Contract or any extensions thereof except in the event of litigation or settlement of claims arising from the performance of this Contract, in which case Contractor agrees to maintain same until Public Agency, the FTA Administrator, the Comptroller General, or any of their duly authorized representatives, have disposed of all such litigation, appeals, claims or exceptions related thereto.

b) Permit any of the foregoing parties to inspect all work, materials, payrolls, and other data and records with regard to the Project, and to audit the books, records, and accounts with regard to the Project and to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed for the purpose of audit and examination.

FTA does not require the inclusion of these requirements of Article 1.01 in subcontracts. Reference 49 CFR 18.39 (i)(11).

CIVIL RIGHTS / TITLE VI REQUIREMENTS

1) Non-discrimination. In accordance with Title VI of the Civil Rights Act of 1964, as amended, 42 U.S.C. § 2000d, Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6102, Section 202 of the Americans with Disabilities Act of 1990, as amended, 42 U.S.C. § 12132, and Federal Transit Law at 49 U.S.C. § 5332, Contractor or subcontractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, marital status age, or disability. In addition, Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

2) Equal Employment Opportunity. The following Equal Employment Opportunity requirements apply to this Contract:

a. Race, Color, Creed, National Origin, Sex. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal Transit Law at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable Equal Employment Opportunity requirements of U.S. Dept. of Labor regulations, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor, 41 CFR, Parts 60 et seq., and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of this Project. Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated

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9REQUIRED DOCUMENTS

TAB 9: REQUIRED DOCUMENTS | PAGE .RFP #35-16 | MCCARTHY BUILDING COMPANIES, INC. 8 .

during employment, without regard to their race, color, creed, national origin, sex, marital status, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, Contractor agrees to comply with any implementing requirements FTA may issue.

b. Age. In accordance with the Age Discrimination in Employment Act (ADEA) of 1967, as amended, 29 U.S.C. Sections 621 through 634, and Equal Employment Opportunity Commission (EEOC) implementing regulations, “Age Discrimination in Employment Act”, 29 CFR Part 1625, prohibit employment discrimination by Contractor against individuals on the basis of age, including present and prospective employees. In addition, Contractor agrees to comply with any implementing requirements FTA may issue.

c. Disabilities. In accordance with Section 102 of the Americans with Disabilities Act of 1990, as amended (ADA), 42 U.S.C. Sections 12101 et seq., prohibits discrimination against qualified individuals with disabilities in rograms, activities, and services, and imposes specific requirements on public and private entities. Contractor agrees that it will comply with the requirements of the Equal Employment Opportunity Commission(EEOC), “Regulations to implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 CFR, Part 1630, pertaining to employment of persons with disabilities and with their responsibilities under Titles I through V of the ADA in employment, public services, public accommodations, telecommunications, and other provisions.

d. Segregated Facilities. Contractor certifies that their company does not and will not maintain or provide for their employees any segregated facilities at any of their establishments, and that they do not and will not permit their employees to perform their services at any location under the Contractor’s control where segregated facilities are maintained. As used in this certification the term “segregated facilities” means any waiting rooms, work areas, restrooms and washrooms, restaurants and other eating areas, parking lots, drinking fountains, recreation or entertainment areas, transportation, and housing facilities provided for employees which are segregated by explicit directive or are in fact segregated on the basis of race, color, religion or national origin because of habit, local custom, or otherwise. Contractor agrees that a breach of this certification will be a violation of this Civil Rights clause.

3) Solicitations for Subcontracts, Including Procurements of Materials and Equipment In all solicitations, either by competitive bidding or negotiation, made by Contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by Contractor of Contractor’s obligations under this Contract and the regulations relative to non-discrimination on the grounds of race, color, creed, sex, disability, age or national origin.

4) Sanctions of Non-Compliance. In the event of Contractor’s non-compliance with the nondiscrimination provisions of this Contract, Public Agency shall impose such Contract sanctions

9REQUIRED DOCUMENTS


as it or the FTA may determine to be appropriate, including, but not limited to: 1) Withholding of payments to Contractor under the Contract until Contractor complies, and/or; 2) Cancellation, termination or suspension of the Contract, in whole or in part.

Contractor agrees to include the requirements of this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

DISADVANTAGED BUSINESS PARTICIPATION

This Contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs”, therefore, it is the policy of the Department of Transportation (DOT) to ensure that Disadvantaged Business Enterprises (DBEs), as defined in 49 CFR Part 26, have an equal opportunity to receive and participate in the performance of DOT-assisted contracts.

1) Non-Discrimination Assurances. Contractor or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. Contractor shall carry out all applicable requirements of 49 CFR Part 26 in the award and administration of DOT-assisted contracts. Failure by Contractor to carry out these requirements is a material breach of this Contract, which may result in the termination of this Contract or other such remedy as public agency deems appropriate. Each subcontract Contractor signs with a subcontractor must include the assurance in this paragraph. (See 49 CFR 26.13(b)).

2) Prompt Payment. Contractor is required to pay each subcontractor performing Work under this prime Contract for satisfactory performance of that work no later than thirty (30) days after Contractor’s receipt of payment for that Work from public agency. In addition, Contractor is required to return any retainage payments to those subcontractors within thirty (30) days after the subcontractor’s work related to this Contract is satisfactorily completed and any liens have been secured. Any delay or postponement of payment from the above time frames may occur only for good cause following written approval of public agency. This clause applies to both DBE and non-DBE subcontractors. Contractor must promptly notify public agency whenever a DBE subcontractor performing Work related to this Contract is terminated or fails to complete its Work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. Contractor may not terminate any DBE subcontractor and perform that Work through its own forces, or those of an affiliate, without prior written consent of public agency.

3) DBE Program. In connection with the performance of this Contract, Contractor will cooperate with public agency in meeting its commitments and goals to ensure that DBEs shall have the maximum practicable opportunity to compete for subcontract work, regardless of whether a contract goal is set for this Contract. Contractor agrees to use good faith efforts to carry out a policy in the award of its subcontracts, agent agreements, and procurement contracts which will, to the fullest extent, utilize DBEs consistent with the efficient performance of the Contract.

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ENERGY CONSERVATION REQUIREMENTS

Contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the State energy conservation plans issued under the Energy Policy and Conservation Act, as amended, 42 U.S.C. Sections 6321 et seq. and 41 CFR Part 301-10.

FEDERAL CHANGES

Contractor shall at all times comply with all applicable FTA regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Contract between public agency and the FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor’s failure to so comply shall constitute a material breach of this Contract.

INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS The provisions include, in part, certain Standard Terms and Conditions required by the U.S. Department of Transportation (DOT), whether or not expressly set forth in the preceding Contract provisions. All contractual provisions required by the DOT, as set forth in the most current FTA Circular 4220.1F, dated November 1, 2008, are hereby incorporated by reference. Anything to the contrary herein not withstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. Contractor agrees not to perform any act, fail to perform any act, or refuse to comply with any public agency requests that would cause public agency to be in violation of the FTA terms and conditions.

NO FEDERAL GOVERNMENT OBLIGATIONS TO THIRD PARTIES

Agency and Contractor acknowledge and agree that, absent the Federal Government’s express written consent and notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying Contract, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to agency, Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying Contract.

Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance provided by the FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS Contractor acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. §§ 3801 et seq. and U.S. DOT regulations, “Program Fraud Civil Remedies,” 49 CFR Part 31, apply to its actions pertaining to this Contract. Upon execution of the underlying Contract, Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to me made, pertaining to the underlying Contract or the FTA assisted project for which this Contract Work is

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being performed.

In addition to other penalties that may be applicable, Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on Contractor to the extent the Federal Government deems appropriate.

Contractor also acknowledges that if it makes, or causes to me made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government under a contract connected with a project that is financed in whole or in part with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. § 5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49 U.S.C. § 5307 (n)(1) on the Contractor, to the extent the Federal Government deems appropriate.

Contractor agrees to include the above clauses in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

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