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HomeMy WebLinkAboutFINAL COMBINED RFQ and RFP for Sports Park GCCM GC/CM Solicitation for Bozeman Sports Park Project 1 | Page CITY OF BOZEMAN SOLICITATION FOR STATEMENTS OF QUALIFICATIONS (RFQ) AND PROPOSALS (RFP) GENERAL CONTRACTOR/CONSTRUCTION MANAGER SERVICES for the BOZEMAN SPORTS PARK PROJECT I. INTRODUCTION TO ALL INTERESTED CONTRACTORS (Respondents): the City of Bozeman (“Owner”) is seeking a Statement of Qualifications (SOQ) and specific proposals (“Proposal” or RFP) from general contractor/construction managers (GC/CM) to provide GC/CM services for the pre-construction and construction phases for Bozeman Sports Park Phase I Site Plan Improvements (the “Project”) in Bozeman, Montana. After identification of a preconstruction fee and a GC/CM fee and fixed costs for general conditions work, the City may contract with the selected GC/CM firm to undertake preconstruction services and construction services after acceptance of a Guaranteed Maximum Price (GMP) including construction services through completion of the Project. Alternatively, Owner may, at its sole discretion, choose not to continue the GC/CM contract beyond completion of preconstruction activities and solicit competitive bids from qualified contractors for the construction of the Project. GC/CM selection information will be obtained from the Proposals submitted in response 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, the previously selected Design Consultant (engineering and landscape Design Consultant team led by DOWL, LLC, hereinafter referred to as, “Design Consultant”), and others as determined by the Owner. This solicitation shall not commit the Owner to enter into any 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 any and all responses received as a result of this 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 procurement, all Respondents agree to be bound by the laws of the State of Montana, including but not limited to applicable wage rates, payments, gross receipts taxes, building codes, equal opportunity employment practices and safety regulations. GC/CM Solicitation for Bozeman Sports Park Project 2 | Page II. SCOPE OF PROJECT- PROJECT BACKGROUND AND DESCRIPTION The City may contract with a GC/CM to undertake preconstruction and construction services for structures and site improvements located on the recently acquired Bozeman Sports Park property, situated between Baxter Lane, Flanders Mill Road, W. Oak Street, and N. Cottonwood Road in Bozeman. The project scope, specifications and requirements that are outlined in this solicitation are subject to modification and final contract negotiations. See Exhibit A for additional details on the project scope. A. Background information On July 16, 2012, Resolution 4386 established the Parks, Trails, and Open Space (“TOP”) Bond improvement program for the purposes of acquiring land and designing and construction of public park and recreational improvements in the City of Bozeman. The City Commission approved a total of $7.5 million from the TOP Bond for the Bozeman Sports Park project, in conjunction with a $976,100 community match through the Bozeman Sports Park Foundation, Inc. The allocation of funds as per Resolution 4521 includes approximately $3,600,000 for park improvements. It is anticipated that the park construction will begin in late summer of 2016. The goal is to have Phase I improvements completed by June of 2017. This project will include a Master Development Plan for the entire 80-acre Bozeman Sports Park site on property recently purchased by the City. The park is bordered by Flanders Mill Road to the east, Baxter Lane to the north, Cottonwood Road to the west, and Oak Street to the south (NW1/4 & in the SW1/4 of section 3 T2S, R5E). The Bozeman Sports Park plan will include multi-use sports and recreational fields that are planned primarily as soccer and lacrosse fields but that could be used for other sports, as well as on-site improvements in support of the playing fields, including a concessions / restroom / maintenance building, interconnecting walkways, and parking lots. The park is also expected to include walking / jogging trails, spectator viewing areas, green infrastructure and landscaping, shade structures, small play features, and an all-accessible playground that is currently being planned as a community-built project. The site is expected to be developed in phases, with Phase I being focused primarily on the north 50% – 75% of the site, depending on project budget and fundraising considerations. B. Master Site Plan Design Considerations The Bozeman Sports Park is a multi-phase project designed to meet the current and future needs of the Bozeman field sport community, specifically youth soccer and lacrosse, while providing a community park, urban open space, and Safe-Route-To-School benefits for Bozeman’s northwestern neighborhoods. Bozeman’s soccer and lacrosse community has GC/CM Solicitation for Bozeman Sports Park Project 3 | Page undergone tremendous growth over the last 15 years since Adam Bronken Sports Complex was built to accommodate a community of 300 players. Since its construction, these communities have grown tenfold, numbering in excess of 3,000 registered participants in Bozeman Blitzz FC, AYSO (American Youth Soccer Organization), Bozeman Adult League Soccer, and Gallatin Valley Lacrosse League. Proposed improvements for the full buildout (Master Site Plan) of the Bozeman Sports Park project include, but are not limited to, the following: • Approximately 12 sports fields for soccer, lacrosse, rugby, and other recreational uses • Concessions, restroom, and maintenance buildings • A 3-acre, fenced-in dog park with shade structures and other amenities • Picnic shelter pavilions and dispersed picnicking facilities • Several dispersed play features, shade structures, and spectator areas • An all-accessible play area of approximately 4000 SF • Barrier-free accessible paved walkways and gravel fines inter-connecting trails • Native grass and landscaped areas incorporating green infrastructure • Parking lot to accommodate approximately 700 vehicles and bus / drop off areas • Stormwater detention basin and site utilities • Irrigation storage pond and computerized irrigation system • Maintenance facility and parking C. Project Team Several community organizations have joined forces to create the Bozeman Sports Park Foundation (“BSPF”) a 401c3 non-profit organization for the purposes of raising funds and providing assistance with design and ultimately the operation of the Bozeman Sports Park. A Master Site Plan has been developed with community input by the project Design Consultant (comprised of professional engineers, landscape architects, and architects with DOWL, LLC as prime). The Project Team contacts include: Carolyn Poissant, City of Bozeman TOP Project Manager (cpoissant@bozeman.net; phone 406-582-2908); Chris Naumann, Liaison for the Bozeman Sports Park Foundation (cnaumann@me.com phone: 406-586-4008, and Zachary Lowe, PE of DOWL, for the Design Consultant (zlowe@dowl.com ; phone: 406-551-1451). It is anticipated that the GC/CM will start its involvement with the Project during design development for Phase I Site Plan improvements immediately following approval of the Master Site Plan by City Commission. GC/CM Solicitation for Bozeman Sports Park Project 4 | Page D. Phase I Project With the current budget, Phase I improvements are expected to include: • Four multi-use sports fields • Parking lot off Baxter with up to 200 spaces • Green infrastructure and stormwater detention • Relocation of Farmer’s Canal ditch from Flanders Mill ROW onto park property • Reconstruction of Farmer’s Canal irrigation pipeline from the property boundaries so as to run north-south through the middle of the site • One pre-fabricated restroom building • Maintenance yard and shop building and parking lot • Two-acre irrigation water storage pond • Site utilities required by City and building codes • 10-foot wide concrete path along Baxter Lane and Flanders Mill Road • Minimum 6-foot wide interconnecting paths • Landscaping and irrigation for Phase I development Additional desired features include: • One small play area • Picnic tables and benches • Shade structures • Wayfinding signage and kiosk E. Initial Preconstruction Schedule (Target Dates) Completion of Master Site Plan March 30 – April 25 Preliminary Phase I Cost Estimate by Consultant April 25 Master Plan to Commission May 2 Design Development of Phase I Site Plan May 15 – 15 Site Plan Approval – DRC meetings (estimated) June 1 – June 15 Phase I Construction Documents to 70% June 6 – June 24Phase I Cost Estimates at various stages per Exhibit A Solicitation of Donations by BSPF June 27 – July 29 Completion of Construction Documents August 1 – August 26 Final Pre-Bid Cost Estimate and CD Package August 31 GC/CM Solicits Bids Sept. 4 – Sept. 20 Advertise 9/4 and 6/11; bids open 9/20 Presentation of GMP to City Commission October 3 GC/CM Solicitation for Bozeman Sports Park Project 5 | Page It is the Owner’s intent to involve the GC/CM in the development of the Project as soon as possible after the successful negotiation of a contract. The anticipated construction schedule is estimated to begin after completion of the construction documents, establishment of the GMP and acceptance by the City in October 2016. F. Anticipated Project Budget The City funding available for construction only is approximately $3 million. The Bozeman Sports Park Foundation has an agreement with the City of Bozeman to provide $976,100 in any combination of donations of cash, materials, and in-kind services for the Project. As such, an important element of this RFQ is the Respondent’s ability to incorporate potential donations of materials and services meeting the project’s design and specifications into the Project. Refer to Exhibit A – Scope of Services for the full description of the work associated with the RFP. III. TIMELINES, DELIVERY DEADLINE & INSTRUCTIONS As the initial submittal to the Owners, SOQs MUST BE DELIVERED NO LATER THAN 5:00 PM, MOUNTAIN TIME, April 18, 2016, in a sealed box or envelope with company name shown clearly on the outside, addressed to: SOQ GC/CM – BOZEMAN SPORTS PARK City of Bozeman City Clerk 121 N. Rouse Avenue Bozeman, MT 59715 Mailing address: PO Box 1230 Bozeman, MT 59771-1230 An electronic copy must also be submitted by the deadline to the address above or via email: agenda@bozeman.net (Note: there are limitations on file size via email.) RESPONSES THAT ARE UNSIGNED OR SUBMITTED BEYOND THE DEADLINE SHALL NOT BE CONSIDERED AND SHALL BE REJECTED. A. Contact Information Requests for additional information or clarification: Contact: Carolyn Poissant, Manager of Trails, Open Space and Parks Design and Development, email: cpoissant@bozeman.net; phone: 406-582-2908. B. Amendments to Solicitation GC/CM Solicitation for Bozeman Sports Park Project 6 | Page Any interpretation or correction of this request will be made by written addendum. The deadline for questions related to this document is 12:00 PM MDT on Monday, April 11, 2016. C. Selection Timeline GC/CM Selection: Advertising dates: March 27 and April 3 Receipt of SOQ’s: No later than 5:00 p.m. MST April 18, 2016 SOQ Review Complete by Committee: April 21, 2016 Notice of RFP to Qualified Respondents April 21, 2016 Receive Proposals: April 26, 2016 Interviews: April 28, 2016 Selection: May 2, 2016 Negotiate Contract: May 3 – May 13, 2016 Contract to Commission May 23, 2016 Notice to Proceed May 24, 2016 Design/Construction (estimated) May 24, 2016 – September1, 2017 IV. SELECTION PROCESS 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 six persons representing the City. The selection committee will review conforming SOQs using the criteria listed below. 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. GC/CM Solicitation for Bozeman Sports Park Project 7 | Page B. Proposals Submittal of 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. 3. Interviews. Interviews with the proposed teams will be held on April 28, 2016 in the Madison Room on the second floor of City Hall, 121 North Rouse, Bozeman MT 59771. 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 1-1/2 hours maximum, 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. V. SOQ – FORM & CONTENTS Deliver one (1) original, plus ten (10) copies prepared as follows: GC/CM Solicitation for Bozeman Sports Park Project 8 | Page 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 for public park and recreational facilities. Specifically note the delivery method for each project, total construction cost, gross area, date of bid, and date of completion. Describe your firm’s experience working on similar publicly-owned projects and any experience with LEED sitework (“Sustainable Sites”) certification. What strategies did you employ to secure adequate labor and resources in order to fully complete the project on time and within budget? Provide information on working with community partners similar to the Bozeman Sports Park Foundation, and how you integrated discounts or donations of materials, supplies, and in-kind services into the project. 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 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? GC/CM Solicitation for Bozeman Sports Park Project 9 | Page 6. References. Provide detailed contact information for the Owner and Design Consultant 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. 8. Each Respondent shall provide at least two examples of a written project site plan addressing storm water pollution prevention. 9. 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. VI. PROPOSAL – FORM & CONTENTS Deliver one (1) original, plus ten (10) 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 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. d.Proposals and copies must be submitted in binders. GC/CM Solicitation for Bozeman Sports Park Project 10 | Page 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 Bozeman Sports Park 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, LEED accredited persons, project engineers, schedulers, etc. and how you will 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 Bozeman Sports Park Project Identify the specific methodology your firm will use in the administration of this Project, in both the preconstruction and construction phases. GC/CM Solicitation for Bozeman Sports Park Project 11 | Page a. Describe your firm’s ability and approach to: 1) Managing costs during design and 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) Integration with the design team 3) Assist the designers with: a. Quality of the project documents b. Constructability c. Alternative methods and products d. Budgets and estimating e. Coordinate all construction of a major public recreational facility 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? GC/CM Solicitation for Bozeman Sports Park Project 12 | Page e. Provide examples of the last schedule from two recently completed projects 6) Project communication VII. Evaluation Criteria As set forth below in more detail herein, 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. In order to be considered qualified and proceed with the Proposal process a Respondent must obtain a minimum score of 70 points and have adequate bonding capacity to be deemed qualified. The scoring criteria and possible point values are: 1. Respondent’s experience with projects of similar size and type: Possible Points: 40 2. Qualifications of personnel: 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 local governmental agencies and/or the City of Bozeman: Possible Points: 5 6. Office(s) location: Possible Points: 5 GC/CM Solicitation for Bozeman Sports Park Project 13 | Page 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 Possible Points: 25 for demonstrated Financial Health 10 for Preconstruction Fee 15 for General Conditions Cost and Contractors Fee percentage 2. Project Team for Bozeman Sports Park Project Possible Points: 15 3. Project Management and Approach for Bozeman Sports Park Project, including utilization of donations of materials and in-kind services Possible Points: 25 4. Interview Possible Points: 10 VIII. FORM OF AGREEMENT Respondents will agree to utilize AIA contract forms A133 and A201 as amended by the City. The final form of the documents will be disclosed to Respondents during the selection process. The Project scope is to provide pre-construction and construction services for Phase I of the Bozeman Sports Park Project. 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 design and construction process. It should be noted that major subcontractor input may be desired during the design phase of the project in order to achieve the best value for the Owner. IX. CITY RESERVATION OF RIGHTS SUBMISSION OF A STATEMENT OF QUALIFICATIONS CONFERS NO RIGHTS UPON ANY RESPONDENTS AND SHALL NOT OBLIGATE THE CITY IN ANY MANNER GC/CM Solicitation for Bozeman Sports Park Project 14 | Page WHATSOEVER. THE CITY RESERVES THE RIGHT TO MAKE NO AWARD AND TO SOLICIT ADDITIONAL STATEMENTS OF QUALIFICATION AT A LATER DATE. 1. This RFQ 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, 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; to waive any minor irregularities, informalities, or failure to conform to the RFQ; 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 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 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 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, waives all right to protest or seek any legal remedies whatsoever regarding any aspect of this RFQ. 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 in Exhibit A. 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 GC/CM Solicitation for Bozeman Sports Park Project 15 | Page 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 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 Chuck Winn at 406-582-2307 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. GC/CM Solicitation for Bozeman Sports Park Project 16 | Page Exhibit A Project Details I. SCOPE OF SERVICES The Project scope is to provide preconstruction and construction services for the Bozeman Sports Park Phase I Project. The GC/CM must competitively bid all construction subcontracts and other work appropriate for competitive bidding as required by Montana law and the procurement policies of the City. A. SCOPE OF PRECONSTRUCTION SERVICES Preconstruction services will be provided on a fixed fee basis. 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. Assistance with Design and Engineering of Phase I Site Plan a. The GC/CM shall assist the Design Consultant with the preparation of the Phase I site plan in order to produce: i. Efficient layout of site infrastructure and amenities ii. Cost-effective and durable specifications for materials and methods of construction iii. Opportunity for inclusion of donated materials and in-kind services that conform to the Master Site Plan meet project design criteria and specifications iv. Appropriate phasing of construction activities b. Assistance with Construction Documents (“CDs”). The Design Consultant will provide plans, details, and specifications for City and GC/CM review at 70%, 90% and 100% completion, with revisions as necessary to comply with City requirements. The CDs shall include all drawings, specifications and details as required for the installation of all proposed site improvements. The GC/CM shall provide input during the preparation of the CDs with the goals as in (a) stated above. 2. Cost Estimates. The GC/CM shall coordinate with the Design Consultant and provide itemized cost estimates at the following stages: a. For any major design revisions that occur through iterations of the Phase I Site Plan during DRC review process b. Upon Phase I Site Plan approval by the City GC/CM Solicitation for Bozeman Sports Park Project 17 | Page c. For any major design revisions throughout preparation of the CDs d. Final pre-construction, pre-bid cost estimate for each portion of the project to be constructed under the Phase I site plan, including any alternative bid items 3. Additional Pre-construction Services: a. Make recommendations to the Project Team regarding division of work in order to facilitate competitive bidding and awarding of subcontracts. b. Prepare pre-qualification criteria for material suppliers and contractors and develop vendor and contractor interest in the project. c. Assist the Project Team in developing a list of possible donations of materials and services for the Project. This may consist of discrete quantities of materials and specific scope of work items that can be easily quantified and deducted from the final bid with the goal of reducing overall project costs. d. Notify the Project Team of potential opportunities for donation of materials and services. Review all materials and proposed services to verify that any such donations will meet project design and engineering specifications. Such materials donations shall be subject to approval by Owner and considered "provided by Owner" and accounted for in the final cost estimate and bid. e. Conduct pre-bid conferences with contractors. f. Review competitive sealed bids from the various contractors and make recommendations to the Project Team. g. Obtain all required permits and approvals of public agencies and other authorities unless otherwise determined by Project Manager. h. Schedule all project construction related activities. 4. Generally, GC/CM shall: a. Participate in all design, coordination, and Project Team meetings; b. Review all design features for efficiency and constructability; c. Work with the Owner and Project Team on phasing, scheduling, and other strategies to complete construction of this phase of the project on or before the stated date; d. Coordinate and gather input from subcontractors regarding constructability; e. Review and evaluate costs at each phase of design taking into consideration schedule, phasing and market conditions; f. Consult with, advise, assist, and provide recommendations to the Owner and design team on all aspects of the planning and design of the work; GC/CM Solicitation for Bozeman Sports Park Project 18 | Page g. Provide information, estimates, schemes, and participate in decisions regarding construction materials, methods, systems, phasing, sustainability and costs to assist in determinations which are aimed at providing the highest quality project, constructed using the most sustainable construction materials and practices, within the budget and schedule; h. Actively participate in a value engineering process throughout all phases of design; i. Review the programming/planning and site selection documents and provide input and advice regarding scope and cost of the Project; j. Work with Project Team to develop a list of acceptable forms and quantities for potential donations of materials and in-kind services (such items shall be subject to final approval by Owner and shall be fully incorporated into the Project by the GC/CM); k. Review in-progress design and construction documents and provide input and advice on construction feasibility, alternative materials, costs, and availability; l. Review completed design and 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; m. Provide input to the Owner and the design team regarding construction market bidding climate, status of key subcontract markets, and other relevant economic conditions; n. Recommend and actively source labor and material resources necessary to complete the project construction; o. Provide input to the Owner and the design team regarding long lead time materials and equipment, impact on the construction schedule and strategies for mitigating the impact; p. Prepare construction cost estimates for the Project at the schematic, design development and construction document design phases and, if appropriate, at other times throughout of the work; q. Notify the Owner and design team immediately if construction cost estimates appear to be exceeding the construction budget, and reconcile each cost estimate with the Design Consultant’s cost estimate, if required; r. Furnish a final construction cost estimate for the Owner’s review and approval; s. Develop a preliminary construction schedule; t. Develop all subcontractor/supplier bid packages and perform all advertising and receipt of subcontractor/supplier bids; u. Obtain bids per trade for the Owner’s review, unless otherwise approved by GC/CM Solicitation for Bozeman Sports Park Project 19 | Page 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; v. Upon execution of any early work amendment prior to a GMP agreement, undertake early material procurement, site preparation, and advance construction work. B. SCOPE OF CONSTRUCTION SERVICES Upon the commencement of the construction phase, the successful respondent will be obligated to perform all construction services to complete the Project. Those construction services are set forth in AIA contract forms A133 and A201 as amended by the City. It is anticipated that the GMP will be requested at the conclusion of the construction documents and bidding phases. 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 an agreement to enter into the construction phase 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 Respondent 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. 1. Construction Services: (coordinate with contract) a. Prepare, execute and manage contracts with all contractors and sub-contractors. b. Coordinate and direct the work of the sub-contractors. c. Coordinate ordering, delivery, utilization, and inspections to ensure compliance with Project design and specifications of Owner-approved materials and services donations (“provided by Owner”) into the project. d. Conduct a general pre-construction and in-depth pre-construction meeting with all major sub-contractors prior to the start of their work activities. e. Provide temporary job site facilities and services. GC/CM Solicitation for Bozeman Sports Park Project 20 | Page f. Provide site security and control site access. g. Track construction costs and maintain detailed construction cost records. h. Review and process shop drawings and other submittals. i. Establish, monitor, and update a construction scheduling system. j. Maintain and provide as-built information to landscape architect/engineer for preparation of record drawings. k. Review requests for changes, challenge the cost of the contractors as necessary, and make recommendations to the City and Consultant Team l. Review and process all pay request applications by the sub-contractors. m. Develop and monitor a comprehensive safety program for the Project. n. Conduct weekly progress and coordination meetings with on-site trade foremen or superintendents. o. Conduct weekly meetings with the Project Team to review construction progress, scheduling, conflict resolution, etc. p. Supervise, direct and manage all construction activities included in the Phase I site plan for the Project. q. Obtain all required permits and approvals of public agencies and other authorities (appropriate permits may be delegated to sub-contractors), unless otherwise determined by Project Manager. r. Establish and maintain quality control and quality assurance standards. s. Negotiate project agreement, which will mitigate disputes, work stoppages, or jurisdictional disputes. t. Provide record keeping and insure proper reporting required by the Project Team. u. Other services as deemed appropriate by the Project Team. GC/CM Solicitation for Bozeman Sports Park Project 21 | Page EXHIBIT B NON-DISCRIMINATION AFFIRMATION FORM REQUIRED BY CITY OF BOZEMAN [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 in the performance of work performed, if a contract is awarded to it, and also recognizes the eventual contract, if awarded, will contain a provision prohibiting discrimination as described above and that this prohibition shall apply to the hiring and treatment of the _____________________________[name of entity submitting] employees and to all subcontracts it enters into in performance of the agreement. Signature of Respondents: (Person authorized to sign on behalf of the Respondents) GC/CM Solicitation for Bozeman Sports Park Project 22 | Page 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) __________________________________________________($_______________________) for the period of time from the time the General Contractor – Construction Manager contract commences until Conditional Site Plan approval is obtained from the Community Development Department and the 70% complete set of Construction Documents is submitted to the City by the Consultant as set forth herein. The Respondent agrees to furnish Preconstruction Services as set forth in this Solicitation for Proposals in the amount of (Numerical and written) __________________________________________________($_______________________) for the period of time from the time for the period of time from the time Conditional Site Plan approval from the Community Development Department is obtained and the 70% complete set of Construction Documents is submitted to the City by the Consultant until the City agrees to a Guaranteed Maximum Price as set forth herein. 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) GC/CM Solicitation for Bozeman Sports Park Project 23 | Page Form GC - CONSTRUCTION PHASE GENERAL CONDITIONS COSTS PLEASE SPECIFY HOW EACH CATERGORY IS TO BE CHARGED MONTHLY LUMP SUM Office Expenses, including: $ / month $ lump sum GC/CM field office equipment and supplies; records and records management; meeting expenses; site signage; quality control; all printing and mailing expenses; and all other administrative expenses Construction Management Labor including: $ / month $ lump sum GC/CM cost management, safety, and general conditions labor (including all fringe and insurance) Monthly Total: Lump Sum Total: Other expenses not listed above (add to list as necessary): $_____________ / month $____________ lump sum $_____________ / month $____________ lump sum $_____________ / month $____________ lump sum TOTAL: $ / month $ lump sum