Loading...
HomeMy WebLinkAbout19- RFP and RFQ - General Contractor Construction Manager Services for the City of Bozeman Bogert Pavilion Page 1 REQUEST FOR QUALIFICATIONS (RFQ) AND PROPOSALS (RFP) GENERAL CONTRACTOR / CONSTRUCTION MANAGER SERVICES CITY OF BOZEMAN Bogert Pavilion Bozeman, MT City of Bozeman PO Box 1230 Bozeman, MT 59771-1230 August 2019 Page 2 NOTICE IS HEREBY given that the City of Bozeman (City) is seeking statements of qualifications (SOQ) and proposals from General Contractor/Construction Manager (GC/CM) firms to undertake preconstruction and construction services for the repair of Bogert Pavilion (the “Project”) located at 303 South Church Avenue. Copies of the proposed Scope of Services, Qualifications Evaluation Criteria and the City's Selection Procedure are available at the Office of Strategic Services, 20 East Olive Street, P.O. Box 1230, Bozeman, Montana 59771-1230, or by calling 406-582-2250 during normal business hours. All proposals must be in the format specified, enclosed in a sealed envelope and clearly identified with RFQ title, company name and due date and transmitted via hard copy. Deliver SOQs to the City Clerk by Tuesday, August 20, 2019 at 3:00 p.m. MST. It is the sole responsibility of the proposing firm to ensure that proposals are received prior to the closing time as late submittals will not be accepted and will be returned unopened. The physical address is: City Clerk’s Office, Suite 200, (upstairs) City Hall, 121 N. Rouse Avenue, Bozeman, Montana. The mailing address is: City Clerk’s Office, City Hall, P.O. Box 1230, Bozeman, Montana, 59771 (USPS only, shipping companies should be sent to the physical address) NON-DISCRIMINATION The City of Bozeman is an Equal Opportunity Employer. Discrimination in the performance of any agreement awarded under this RFQ on the basis of race, color, religion, creed, sex, age, marital status, national origin, or actual or perceived sexual orientation, gender identity or disability is prohibited. This prohibition shall apply to the hiring and treatment of the awarded entity’s employees and to all subcontracts. As such, each entity submitting under this notice shall include a provision wherein the submitting entity, or entities, affirms in writing it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and which also recognizes the eventual contract will contain a provision prohibiting discrimination as described above and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts. Failure to comply with the above may be cause for the City to deem the submittal non- responsive. For additional information on this RFQ, contact Jon Henderson, Strategic Services Director, 406-582-2250, jon.henderson@bozeman.net. DATED at Bozeman, Montana, this 1st day of August, 2019. Robin Crough City Clerk For publication on: Sunday, August 4, 2019 Sunday, August 11, 2019 Page 3 I. INTRODUCTION The City of Bozeman (Owner), is seeking statements of qualifications (SOQ) and proposals from General Contractor/Construction Manager (GC/CM) firms to undertake preconstruction and construction services for the repair of Bogert Pavilion (the “Project”) located at 303 South Church Avenue. The Owner intends to enter into a GC/CM contract with the selected GC/CM firm that will include preconstruction services and identification of a GC/CM fee and fixed costs for general conditions work, with provisions for adding construction services through acceptance of a guaranteed maximum price (GMP). The GMP would include construction services through completion of the Project. Alternatively, Owner may, at its sole discretion, choose not to continue the GC/CM contract beyond the completion of preconstruction activities and solicit bids from qualified contractors for the construction of the Project. When selected, the GC/CM will function as part of a team composed of the Owner, and others as determined by the Owner. Information on GC/CMs will be obtained from the responses to this solicitation, interviews, and discussions with former and present clients of Respondents. When selected, the CG/CM will function as part of a team composed of the Owner, and others as determined by the Owner. This RFQ/RFP shall not commit the Owner to enter into an agreement, to pay any expenses incurred in preparation of any response to this request, or to procure or contract for any supplies, goods or services. The Owner reserves the right to accept or reject all responses received as a result of this RFQ/RFP if it is in the Owner’s best interest to do so. This procurement is governed by the laws of the State of Montana and venue for all legal proceedings shall be in the 18th Judicial District Court, Gallatin County. By offering to perform services under this RFQ/RFP, all Submitters agree to be bound by the laws of the State of Montana and of the Owner, including, but not limited to, applicable wage rates, payments, gross receipts taxes, building codes, equal opportunity employment practices, safety, non-discrimination, etc. Page 4 II. SCOPE OF PROJECT - PROJECT BACKGROUND AND DESCRIPTION Introduction The Bogert Pavilion experienced a partial roof collapse on March 17th, 2019 as a result of unbalanced snow load in conjunction with rotting and delamination of the exposed western end of a single glue laminated beam. A subsequent structural assessment performed by Morrison-Maierle found additional checking, cracking, and delamination throughout the structure resulting from decades of exposure. On July 15th, 2019 the City Commission directed staff to pursue “Option 3” as described in the structural assessment report which includes replacing eight out of ten beams in their entirety while also bringing the structure up-to-date with the current building code which includes prescribed load definciencies in addition to wind and seismic events. The Project requires careful consideration with regard to phasing the repairs over time due to budget constraints. A total of $200,000 has been allocated to the Project while additional balance is currently being pursued. The GC/CM will help identify the best path forward with regard to pre- construction and construction services to achieve the intended goal over multiple phases, if necessary. A separate contract with Morrison-Maierle to produce construction drawings is already in place and thus will not be included in the final scope of work. The Project will be under intense scrutiny by public officials, the media, and the citizens. It is imperative that it be managed and constructed with the utmost regard to cost, schedule, and quality control by all participants. The integrity, reputation, skills and performance of the GC/CM must be of the highest caliber to maintain confidence in the Project. The Owner is ready to hire a General Contractor/Construction Manager as the next step to informing and collaborating in the construction process. III. SCOPE OF PRECONSTRUCTION SERVICES Preconstruction services will be provided on a cost reimbursement basis up to a stated maximum. The specific scope of preconstruction services will be negotiated prior to signing the GC/CM contract. In general, preconstruction services are anticipated to include the following: 1. Participation in all coordination and building committee meetings; 2. Review of design for constructability; 3. Work with the Owner on phasing, scheduling, and other strategies to complete construction of the Project; 4. Coordination and gathering of input from subcontractors regarding constructability; 5. Review and cost evaluation at each phase taking into consideration schedule, phasing and market conditions; 6. Consult with, advise, assist, and provide recommendations to the Owner on all aspects of the planning and design of the work; 7. Provide information, estimates, schemes, and participate in decisions regarding construction materials, methods, systems, phasing, sustainability and costs to assist in determinations which Page 5 are aimed at providing the highest quality building, constructed using the most sustainable construction materials and practices, within the budget and schedule; 8. Provide input and advice regarding scope and cost of the Project; 9. Review construction documents and provide input and advice on construction feasibility, alternative materials, costs and availability; 10. Review construction documents prior to subcontractor/supplier bidding/selection and suggest modifications to improve completeness and clarity and to eliminate construction change requests due to inconsistencies or omissions in the construction documents; 11. Provide input to the Owner regarding construction market bidding climate, status of key subcontract markets, and other relevant economic conditions; 12. Recommend and actively source labor and material resources necessary to complete the project construction; 13. Provide input to the Owner regarding long lead time materials and equipment, impact on the construction schedule and strategies for mitigating the impact; 14. Prepare construction cost estimates for the Project at the construction document design phase and, if appropriate, at other times throughout of the work; 15. Notify the Owner immediately if construction cost estimates appear to be exceeding the construction budget, and reconcile each cost estimate with the Owner’s cost estimate, if required; 16. Furnish a final construction cost estimate for the Owner’s review and approval; 17. Develop a preliminary construction schedule; 18. Develop all subcontractor/supplier bid packages and perform all advertising and receipt of subcontractor/supplier bids; 19. Obtain bids per trade for the Owner’s review, unless otherwise approved by Owner in order to meet resourcing requirements, per GC/CM Contract. Self-performed work must be bid against at least two subcontractors, if readily available; IV. SCOPE OF CONSTRUCTION SERVICES It is anticipated that the GMP will be requested during the construction documents phase. The established GMP will be the maximum amount paid for the construction of the Project, unless scope changes are requested and approved by the Owner. Acceptance of the GMP will constitute completion of preconstruction services and the Owner and GC/CM agreement to enter into a GMP Agreement will initiate the construction period services for the Project. At the time of execution of the GMP Agreement, the GC/CM will be required to submit a 100% performance and a 100% payment bond for the amount of the GMP. The Owner retains the option to not commence or cancel the construction phase services, or to start a new process for the construction of the Project, or terminate the contract and negotiate a replacement contract with the next highest rated Submitter from this solicitation, or to conclude the GC/CM’s services at pre-construction and issue the Project on a lowest, responsible bidder method. The selected GC/CM will be required to comply (as a minimum allowable rate schedule) with the State of Montana prevailing wage rates adopted and effective at the time of signing the GMP Agreement. Page 6 V. TIMELINES, DELIVERY DEADLINE & INSTRUCTIONS As the initial submittal to the Owners, SOQs MUST BE DELIVERED NO LATER THAN 3:00 PM, MOUNTAIN TIME, August 20, 2019, in a sealed box or envelope with company name shown clearly on the outside, addressed to: SOQ GC/CM – BOGERT PAVILION Bozeman City Clerk City Hall 121 North Rouse Avenue Bozeman, MT 59715 RESPONSES THAT ARE UNSIGNED OR SUBMITTED BEYOND THE DEADLINE SHALL NOT BE CONSIDERED AND SHALL BE REJECTED. A. Contact Information ALL QUESTIONS AND CONTACTS REGARDING THIS RFQ/RFP MUST BE SUBMITTED IN WRITING TO: Jon Henderson, Strategic Services Director P.O. Box 1230 Bozeman, MT 59771-1230 (406) 582-2250 jon.henderson@bozeman.net Amendments to Solicitation Any interpretation or correction of this request will be published on the City’s webpage. The deadline for questions related to this document is 12pm MDT on August 14, 2019. B. Selection Timeline GC/CM Selection: Advertising dates: August 4 and 11, 2019 Receipt of SOQ’s: No later than 3:00 p.m. MST August 20, 2019 SOQ Review Complete by Committee: August 30, 2019 Notice of RFP to Qualified Respondents August 30, 2019 Receive Proposals: September 5, 2019 Interviews: September 13 and 16, 2019 Selection: September 19, 2019 Building Committee Meetings: It is the Owner’s intent to involve the GC/CM in the development of the Project as soon as possible after selection or successful negotiation of a contract Page 7 VI. SELECTION PROCEDURE A. Statement of Qualifications The submittal of the SOQ is the first of a two-part selection process for the GC/CM. In order to qualify for further consideration, Respondents must comply with the mandatory requirements provided in this solicitation. The selection process shall be conducted pursuant to all applicable Montana law including those criteria set forth in §18-2-503, MCA and applicable City policy. 1. Evaluation of SOQ. The selection committee shall consist of no less than five persons representing the City. The selection committee will review conforming SOQs using the criteria listed above. SOQs that do not contain the required documentation will be deemed nonresponsive to this solicitation and may be rejected. 2. Revisions. Responses will be accorded fair and equal treatment with respect to opportunity for discussion and revision of responses, and such revisions may be permitted, after submissions and prior to award for the purpose of obtaining best and final responses. 3. Evaluation & Elimination. After evaluating all conforming responses based on the criteria herein the selection committee may eliminate one or more or all Respondents from further review if they do not meet the qualification criteria specified herein. Any Respondents eliminated by the selection committee, at any time, or for any reason, shall have no opportunity to make revisions or participate further in the selection process. 4. Notice and Issuance of RFP. After the elimination of those Respondents which do not meet qualification criteria the committee will proceed to issue a request for proposals (RFP) for the specific project. B. Proposals The RFP is the second of a two-part selection process for the GC/CM. Under the RFP part of the solicitation, the selection procedure is intended to evaluate the capabilities of interested GC/CM firms to provide services to the Owner for this Project and the prices which they intend to charge. The selection process shall be conducted pursuant to all applicable Montana law including those criteria set forth in §18-2-503, MCA and applicable City policy. The GC/CM will be selected based on the overall merit of its proposal, including relevant prices and fees, information contained in proposals, references, interviews, and information obtained from any other reliable source. 1. Evaluation of Proposals. The same selection committee will be used as for the evaluation of the SOQ’s. The selection committee will review conforming proposals using the selection criteria listed below. Proposals that do not contain the required documentation will be deemed nonresponsive to this RFP and may be rejected. After evaluating all conforming proposals based on the criteria herein the selection committee may eliminate or rank one or more or all Respondents from further review. Any Respondents eliminated by the selection committee, at any time, or for any reason, shall have no opportunity to make revisions or participate further in the selection process. 2. Revisions. Responses will be accorded fair and equal treatment with respect to opportunity for discussion and revision of responses, and such revisions may be permitted, after submissions and prior to award for the purpose of obtaining best and final responses. Page 8 3. Interviews. Interviews with the proposed teams will be held on September 13 and 16, 2019 at the Professional Building, 20 East Olive Street (upstairs conference room), Bozeman MT 59715. Each firm selected for interview will be notified of the specific time for their interview. The format of the interview will be left up to the proposing firm; however, interviews will be 45 minutes inclusive of questions from the selection committee, with 15 minutes between interviews for transitions and set up between Respondents. The GC/CM’s proposed project manager, estimator, construction superintendent, and project engineer must be present at the interview. 4. Selection and Final Recommendation. The selection committee will tally the scores for both the SOQ and the Proposal. After the final scoring of all criteria the scoring will be made public and the Committee will make a recommendation to the City Commission. At that time contract negotiations will take place between the City and successful Respondent. The City may negotiate a contract with the next highest ranked Respondent if a contract cannot be made. VII. SOQ – FORM & CONTENTS Deliver one (1) original, plus five (5) copies prepared as follows: A. General Instructions: 1. SOQ must be bound and signed by an officer or principal of your firm. 2. SOQ must be contained in a document not to exceed 20 pages total (single or double-sided pages) including whatever pictures, charts, graphs, tables, and text the firm deems appropriate to be part of the review of the firm's qualifications. A separate transmittal letter, cover page, cover sheets, and dividers are exempted from the page limit. Page size is limited to 8-l/2 x 11 inches, with basic text information no smaller than 12-point type. 3. Schedules may be submitted in addition to the page limit. B. General Contractor/Construction Manager Firm Information: 1. Respondent must demonstrate successful experience and capacity to act as a general contractor on projects of similar size, type and complexity. Provide the name and location of each project, the client, and the contact person and phone number. Describe experience with providing general contracting services and construction management services. 2. Respondent must include evidence of current Montana construction contractor registration in the RFQ response. 3. Firm Background. Describe the firm’s history. Include information identifying the firm’s annual volume of business, financial/bonding capacities, and speak to the firm’s stability in the marketplace. Information identifying the firm’s strengths and weaknesses along with special capabilities that may be appropriate to the Project will assist in the evaluation. 4. Firm Workload. Provide the status of current and anticipated work within the firm in terms of time and magnitude for the anticipated Project schedule as it relates to Page 9 availability of key personnel and your firm, especially in view of the time constraints during both pre-construction and construction phases identified for this Project. 5. Claims. At any time in the last ten (10) years has your firm been assessed and paid liquidated damages after completion of a project under a construction contract with a public owner? 6. References. Provide detailed contact information for the Owner for at least five (5) project undertaken by your firm within the past five years. 7. Each Respondent shall provide at least two examples of a written project site safety plan for previously completed projects that comply with all applicable local, state, and federal laws and which detail safety measures to be undertaken to ensure prevention of accidents and the protection of persons and property from damage, injury, or loss. The plans must demonstrate how the Respondent ensured compliance with its safety plans by its employees, agents, and sub-contractors. These plans do not count toward the 20-page limit referenced in this Section. 8. Each Respondent must also provide pertinent information regarding its safety record by, at a minimum, stating whether any state or federal agency responsible for occupational safety, such as OSHA (or any state or local equivalent), has cited or assessed penalties against the Respondent for any serious, willful, or repeat violations of its safety or health regulations during the past five years. If so, the Respondent must provide a separate attached signed page describing the citations, including information about the dates of the citations, the nature of the violations, the project on which the citation(s) was or were issued, and the amount of the penalty paid, if any. C. Bonding: 1. The GC/CM must be able to provide a Performance and Payment bond(s) in the amount of the total construction budget including GC/CM fees and GMP. Include an original letter from a bonding company certifying the bonding capacity of the Respondent. VIII. PROPOSAL – FORM & CONTENTS Deliver one (1) original, plus five (5) copies prepared as follows: A. General Instructions: 1. Proposal must be bound and signed by an officer or principal of your firm. 2. Proposal must not exceed 20 pages total (single single or double-sided pages) including whatever pictures, charts, graphs, tables, and text the firm deems appropriate to be part of the review of the firm’s proposal. a. A separate transmittal letter, cover page, cover sheets, and dividers are exempted from the page limit. b. Page size is limited to 8-l/2 x 11 inches, with basic text information no smaller than 12-point type. c. Schedules may be submitted in addition to the page limit. Page 10 d.Proposals and copies must be submitted in binders. e. Preconstruction fixed fee- Form PF completed. f. General conditions schedule- Form GC completed. g. Proposed general contractors fee percentage Form- Form CF completed. B. Project Specific Information 1. Financial Health and Pricing a. Financial Health. Provide a completed and properly executed “Contractor’s Qualification Statement” (AIA A305-1986). b. General Conditions. Pricing per month as set forth on the attached Form GC and included in the Proposal. c. General Contractors Fee. Percentage basis as set forth on the attached Form CF and included in the Proposal. d. Preconstruction Fixed Fee. Fixed Fee basis from commencement of contract to GMP agreement as set forth on the attached Form PF and included in the Proposal. 2. Project Team for Bogert Pavilion Project a. Provide a list of names and define the relationship of management individuals that you will commit to this Project. Include project management, field management, superintendent(s), estimators, schedulers, etc. how will you organize your effort for this Project and who would you assign during: 1) Preconstruction/design 2) Construction b. For each team member: 1) Describe their responsibility on this Project. c. Describe their experience and how it is relevant to this Project. Demonstrate the proposed key personnel’s specific experience on projects of similar type, size and scope. d. Indicate the amount of time commitment available to this Project during the preconstruction and construction phases. Will they be assigned full time? If not, what portion of their time will be utilized on this project? What other projects are they assigned to and for what duration? e. Identify their length of employment with your firm and, if less than three years, prior firm(s). f. Provide references with contact information for each team member’s last two projects in a similar role. g. A key personnel clause will be included in the GC/CM contract. 3. Project Management and Approach for Bogert Pavilion Project Identify the specific methodology your firm will use in the administration of this Project, in both the preconstruction and construction phases. Page 11 a. Describe your firm’s ability and approach to: 1) Managing costs during construction a. Describe your cost management philosophies and techniques b. For at least the last three completed GC/CM projects, provide history of estimates at the programming stage, each design stage, final GMP, and final contract amount. Explain any extenuating circumstances, if necessary. 2) Assist the Owner with: a. Quality of the project documents b. Constructability c. Alternative methods and products d. Budgets and estimating 3) Safely build a quality building on time and within budget 4) Maintain good relations with the community and adjacent property owners b. Describe your approach to: 1) Cost estimating a. What methodology do you use? b. How do you organize your estimate? c. During design, how do you determine the final cost when not all work is shown? d. Do you have in-house estimating staff? If so, what are their other responsibilities? How much of their time is spent in cost estimating? 2) Subcontractors a. How do you ensure that this Project will get appropriate response from the subcontracting community? b. How much do you use subcontractors for cost information during the preconstruction phase? c. When would you involve subcontractors in this Project? Which ones? d. How do you address subcontract bids that are different than the cost estimate? 3) Value engineering 4) Budget reductions 5) Planning and scheduling the construction work a. Do you use critical path scheduling methods? b. How do you manage and schedule the procurement and the submittals process and its impact on field activities? c. How do you track progress against the schedule during construction? d. Do you use computer software to develop the schedule? If so, what kind? e. Provide examples of the last schedule from two recently completed projects 6) Project communication Page 12 IX. Evaluation Criteria As set forth below in more detail the City will make a decision to award this alternative project delivery contract with the successful Respondent based on the Respondent’s: 1) history and experience with projects similar to the project under consideration; 2) financial health; 3) staff or workforce that is proposed to be committed to the Project; 4) approach to the Project; 5) the costs of the Project and the additional criteria disclosed below. A. Statement of Qualifications Evaluation Criteria The Statements of Qualification will be evaluated by the Selection Committee who will individually score them out of a total of 100 possible points based on the criteria below.The scoring criteria and possible point values are: 1. Respondent’s experience with projects of similar size and design: Possible Points: 40 2. Firm’s Qualifications: Possible Points: 20 3. Capabilities to meet time schedule and project budget requirements. Possible Points: 20 4. Present and projected workloads: Possible Points: 10 5. Past projects/experience working with the City of Bozeman: Possible Points: 5 6. Office(s) location: Possible Points: 5 B. Proposal Evaluation Criteria The Proposals will be evaluated by the Selection Committee who will individually score them out of a total of 100 possible points based on the criteria below. The scoring criteria and possible point values are: 1. Financial Health and Pricing for this Project Page 13 Possible Points: 25 for demonstrated Financial Health 10 for Preconstruction Fee 15 for General Conditions Cost and Contractors Fee percentage 2. Project Team for Bogert Pavilion Project Possible Points: 25 3. Project Management and Approach for Bogert Pavilion Project Possible Points: 15 4. Interview Possible Points: 10 X. FORM OF AGREEMENT The final form of the documents will be disclosed to Respondents during the RFP process or during contract negotiations. If the final contract forms are available at a reasonable time before the Proposals are due, Respondents will be required to comment on the modified contract forms in writing as an exhibit to the Respondent’s proposal. The Project scope is to provide pre-construction and construction services for the Bogert Pavilion. The GC/CM must competitively bid all construction subcontracts and other work appropriate for competitive bidding as required by Montana law and City policies. Selection of subcontractors and suppliers shall be performed in a manner to be negotiated in the Pre-Construction Services Conditions after selection of the GC/CM and at the appropriate stage/phase of the construction process. XI. CITY RESERVATION OF RIGHTS SUBMISSION OF A STATEMENT OF QUALIFICATIONS OR PROPOSAL CONFERS NO RIGHTS UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER WHATSOEVER. THE CITY RESERVE THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL STATEMENTS OF QUALIFICATION AT A LATER DATE. 1. This RFQ/RFP may be canceled or any or all responses may be rejected in whole or in part, as specified herein, when it is in the best interests of the City. If the City cancels or revises this RFQ/RFP, all Respondents who submitted SOQs will be notified using email. 2. The City reserves the right to accept or reject any and all SOQs; to add or delete items and/or quantities; to amend the RFQ/RFP; to waive any minor irregularities, informalities, or failure to conform to the RFQ/RFP; to extend the deadline for submitting proposals; to postpone award for up to 60 days; to award one or more contracts, by item or task, or groups of items or tasks, if so provided in the RFQ/RFP and if multiple awards are determined by the City to be in the public interest. 3. The City reserves the right to reject the SOQ of any person/firm who previously failed to Page 14 perform properly to the satisfaction of the City, or complete on time agreements of similar nature, or to reject the SOQ of any person/firm who is not in a position to perform such an agreement satisfactorily as determined by the City. 4. The City reserves the right to determine the best qualified Respondents and negotiate a final scope of service and cost, negotiate a contract with another Respondents if an agreement cannot be reached with the first selected Respondents, or reject all proposals. The successful Respondents will be required to enter into a contract with the City, which will incorporate the Respondents' scope of service and work schedule as part of the agreement. 5. This RFQ/RFP does not commit the City to award a contract. The City assumes no liability or responsibility for costs incurred by Respondents in responding to this request for proposals or request for interviews, additional data, or other information with respect to the selection process, prior to the issuance of an agreement, contract or purchase order. The Respondents, by submitting a response to this RFQ/RFP, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFQ/RFP. 6. This project is subject to the availability of funds. NONDISCRIMINATION POLICY The City of Bozeman requires each entity submitting under this notice shall affirm, on a separate form provided, that it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, sexual preference, gender identity, or disability in fulfillment of a contract entered into for the services identified herein and that this prohibition on discrimination shall apply to the hiring and treatment of the submitting entity’s employees and to all subcontracts it enters into in the fulfillment of the services identified herein. Failure to comply with this requirement shall be cause for the submittal to be deemed nonresponsive. MISCELLANEOUS 1. No Oral Agreements. No conversations or oral agreements with any officer, employee, or agent of the City shall affect or modify any term of this solicitation. Oral communications or any written/email communication between any person and City officer, employee or agent shall not be considered binding. 2. No Partnership/Business Organization. Nothing in this solicitation or in any subsequent agreement, or any other contract entered into as a result of this solicitation, shall constitute, create, give rise to or otherwise be recognized as a partnership or formal business organization of any kind between or among the respondent and the City. 3. Employment Restriction and Indemnity. No person who is an owner, officer, employee, contractor, or consultant of a respondent shall be an officer or employee of the City. No rights of the City’s retirement or personnel rules accrue to a respondent, its officers, employees, contractors, or consultants. Respondents shall have the responsibility of all salaries, wages, bonuses, retirement, withholdings, worker’s compensation and occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums appurtenant thereto concerning its officers, employees, contractors, and consultants. Each Respondent shall save and hold the City harmless with respect to any and all claims for payment, compensation, salary, wages, bonuses, retirement, withholdings, worker’s compensation and Page 15 occupational disease compensation, insurance, unemployment compensation other benefits and taxes and premiums in any way related to each respondent’s officers, employees, contractors and consultants. 4. Accessibility. Upon reasonable notice, the City will provide assistance for those persons with sensory impairments. For further information please contact the ADA Coordinator Mike Gray at 406-582-3232 or the City’s TTY line at 406-582-2301. 5. Procurement. When discrepancies occur between words and figures in this solicitation, the words shall govern. No responsibility shall attach to a City employee for the premature opening of an SOQ not properly addressed and identified in accordance with these documents. 6. Governing Law. This solicitation and any disputes arising hereunder or under any future agreement shall be governed and construed and enforced in accordance with the laws of the State of Montana, without reference to principles of choice or conflicts of laws. XII. ATTACHMENTS The following exhibits are incorporated in this RFQ: Appendix A: Structural Assessment Report Appendix B: Nondiscrimination Affirmation Proposal Forms END OF RFQ Request for Qualifications and Proposals for GC/CM Services Bogert Pavilion City of Bozeman City of Bozeman Bogert Pavilion APPENDIX B NONDISCRIMINATION AFFIRMATION ____________________________________(name of entity submitting) hereby affirms it will not discriminate on the basis of race, color, religion, creed, sex, age, marital status, national origin, or because of actual or perceived sexual orientation, gender identity or disability and acknowledges and understands the eventual contract will contain a provision prohibiting discrimination as described above and this prohibition on discrimination shall apply to the hiring and treatments or proposer’s employees and to all subcontracts. ______________________________________ Name and title of person authorized to sign on behalf of submitter Request for Qualifications and Proposals for GC/CM Services Bogert Pavilion City of Bozeman City of Bozeman Bogert Pavilion PROPOSAL FORMS The following will be attached to the notices which invite Proposals to each qualified Respondent in a form substantially similar to: FORM PF The Respondent agrees to furnish Preconstruction Services as set forth in this Solicitation for Proposals in the amount of (Numerical and written) __________________________________________________($_______________________). FORM CF The Respondent agrees to charge the following percentage of the Cost of the Work as set forth in this Solicitation for Proposals in the amount of: (Numerical and written) __________________________________________________(_______________%) for the construction phase of the contract with the City. FORM GC (see attached) Request for Qualifications and Proposals for GC/CM Services Bogert Pavilion City of Bozeman City of Bozeman Bogert Pavilion Form GC CONSTRUCTION PHASE GENERAL CONDITIONS COSTS Office Expense: Monthly Amount Lump Sum CM Field Office. Furniture & Furnishings Office Supplies Field Office Equipment & Maintenance Jobsite Radios/Beepers Copy Machine & Maintenance Computers and Fax Usage Software & Maintenance Field Office Telephone and Long Distance Office Janitorial Postage, Messenger and Express Mail Plans & Specifications (sets per bid pkg) Scheduling Expenses Construction Photos & Supplies Job Travel Job Meetings & Ceremony Expense Partnering Sessions Construction Trade Training Program Record Drawings Expense Audit Records Storage Public Information Program (Site Signage) QC/QA Manager (including all fringe and insurance) Construction Management Labor: Cost Management Labor (including all fringe and insurance) Safety Officer Labor (including all fringe and insurance) General Conditions Labor (including all fringe and insurance) Monthly Total: /month Lump Sum Total: Other not listed above: TOTAL: /month