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Millcreek 1330 East Chambers Avenue Millcreek, UT 84106 Request for Proposals Construction Management/General Contractor Services for Millcreek Common Phase II Due Date: Wednesday, December 6, 2023, at 4:00 p.m., local time 1. Introduction. Millcreek (the “City”) is requesting proposals (“Proposals”) from qualified companies (“Proposers”) to provide Construction Manager/General Contractor (“CM/GC”) preconstruction services (the “Services”) for the Millcreek Common (the “Common”). The City, at its sole discretion, will have the option of continuing with the selected Proposer or soliciting an additional request for construction management/general contractor services and provide a guaranteed maximum price based on the 100% drawings. As part of a separate request for proposals the City has retained Environmental Planning Group, LLC to perform architectural design services for the Common. 1.1. Intent. It is the intent of this Request for Proposals (this “Request”) to set forth the minimum acceptable requirements for Responses to this Request. 2. Background and Detailed Description of Services. In 2019, the City began a concerted effort to redevelop the commercial area located between Highland Drive and 1300 East and 3300 South and Elgin Avenue into a mixed use civic center anchored by an iconic community gathering space, Millcreek Common. Phase 1 of Millcreek Common was completed in 2022, and the City Hall was recently completed adjacent to Phase 1. Millcreek acquired approximately 1.2 acres of land located between Chambers and Woodland Avenues and received a Land and Water Conservation Fund Grant for the construction of Phase II of Millcreek Common, as indicated in Exhibit of this Request. Upon developing a master plan for Phase II in the last year, the City intends Phase II to be a space devoted to active recreation, including an opportunity for skating and skateboarding, a miniature golf experience, a large pavilion, active water, a small open lawn area, public gardens featuring native planting, shade structures, interactive water features, and interactive spaces that Millcreek residents can enjoy throughout the day and into the evening. The City recently selected EPG, LLC to complete a design of Phase II. The design of Phase II should be congruous with Phase I and should complement City Hall and other private development occurring in the vicinity of Millcreek Common. The Millcreek Common Phase II Master Plan is included in Exhibit of this Request. The Proposals should be clear and concise and submitted in the required format (as described below) so they can be evaluated in an objective manner by the Evaluation Committee (defined below). ---PAGE BREAK--- Request for Proposals – Page 2 3. Proposal Requirements/Required Format of Proposals.. Proposer(s) must deliver one hard copies and one electronic copy of the Proposal to Francis Xavier Lilly, AICP, Planning Director, Millcreek, 1330 East Chambers Avenue, Millcreek Utah 84106 by Wednesday, December 6, 2023 at 4:00 pm, local time. Proposals must be submitted on an 8”x11” DOUBLE-SIDED DOCUMENT HIGHLIGHTING THE RESPONSES TO THE EVALUATION CRITERIA CONSISTING OF NO MORE THAN 7 PAGES, including references, fee schedule, and certification. Any response, modification, or amendment received after the due date and time is late. No late response, modification, or amendment will be accepted. No Responses via facsimile, e-mail, or telegraph will be accepted. Proposals must include the following elements and be signed by an authorized representative of the Proposer: 3.1. Introductory Letter. An introductory letter that is not part of the 8” x 11” double sided proposal expressing an interest in providing the Services should be included, together with a signed Certification in the form of exhibit of this Request. The introductory letter should be addressed to: Francis Xavier Lilly, AICP Millcreek 1330 East Chambers Avenue Millcreek, Utah 84106 Include an e-mail address for the primary contact of the Proposer. 3.2. Proposed Project Team Organization and Qualifications. Describe, in sufficient detail, the Proposer’s experience, qualifications, and availability that are relevant with respect to the Services. Provide a description of the roles and responsibilities of the Project Team members and how they will work together to achieve the objectives of the project. Provide a chart that identifies the roles of each of the key individuals involved in each phase of the project. Provide resumes for all key individuals on the proposed project team outlining qualifications, education and specific experience and expertise related to municipal building construction with an emphasis on urban parks and open spaces or similar uses. List current work commitments to other projects or activities in sufficient detail to indicate that individuals assigned to the proposed project will be able to meet time commitments. Provide a matrix that indicates past project collaborations carried out by the proposed team. Personnel indicated as assigned to the project must be actively engaged in completion of the tasks. Any change of personnel after the Proposal is submitted or after award of the contract must be approved by the City before the change is made to assure consistent expertise throughout the term of the project. If approval of the change is not granted by the City any signed contract may be deemed in breach. 3.3. Responsiveness and Past Performance. Provide information on at least five similar sized construction projects that demonstrate the Proposer’s ability to undertake a project of this scope and magnitude. For each project identified, provide the following information: name of contact, telephone numbers, email address, owner, location of project, project description, photos, square footage, cost, duration of project, date completed, percent of total project cost attributable to change orders, special features and project team members’ involvement. The City may contact all such references individuals and visit such projects. ---PAGE BREAK--- Request for Proposals – Page 3 3.4. Proposed Project Schedule. Describe, in sufficient detail, the Proposer’s ability and availability to perform the Services in order to achieve a groundbreaking by August 2024 and project completion by November 2025. Identify internal methods that will be used for project schedule control. 3.5. Project Approach and Understanding. Describe, in sufficient detail, the Proposer’s understanding of the proposed project, utilization and the City’s vision. Outline the tasks, any special approaches and the plan for completion. Innovation and alternatives to the scope proposed here are welcome. Explain internal policies and procedures related to work quality and cost control. Describe experience with appointed and elected officials, citizens, special focus groups and facilitating public information gathering meetings. List and describe any potential conflicts of interest. 3.6. General Contractor Fee for Preconstruction Services. Detail the proposed all- inclusive fee for the services. 3.7. Identification of Anticipated Potential Problems. Proposals should identify and describe any potential problems with respect to providing the Services or utilization of an entity to provide associated needs assessment, programing, and schematics design services and possible design development, constriction documentation, and constriction administration services. 4. Evaluation Criteria and Scoring Process. All Proposals received will be reviewed by an Evaluation Committee (defined below). Each evaluation criterion has been given a percentage based on its relative value as a whole. The criteria and each associated percentage are as follows: Evaluation Criteria Weight Proposed Project Team Organization and Qualifications 30% Responsiveness and Past Performance 20% Proposed Schedule Approach 20% Project Approach and Understanding 20% General Contractor Fee for Preconstruction Services 10% Total 100% ---PAGE BREAK--- Request for Proposals – Page 4 Please submit a in accordance with the following schedule: 5. Selection. The City Manager may conduct discussions with Proposers that are being considered to be selected for the award. In addition, one or more Proposers may be invited to participate in an interview; however, Proposals may be accepted without discussion or interview. The Mayor or his designee will make the award. 6. General Information. The City reserves the right to reject any and all Responses. The City reserves the right to amend, modify or waive any requirement set forth in this Request. Response to this Request is at the Proposer’s sole risk and expense. All Proposers must comply with applicable federal, state, and local laws and regulations. Except for written responses provided by the contact person described below, the City has not authorized anyone to make any representations regarding the subject matter of this Request. All requests for clarification or additional information regarding this Request must be submitted in writing to the contact person described below no later than Monday, December 4, 2023 at 4:00 pm. The contact person will endeavor to respond to such requests for clarification or additional information and if the contact person deems, in his or her sole and absolute discretion, that such response is of general applicability, the response, if any, will be posted on the City’s website at Millcreek.us (which constitutes a written response). Entities responding to this Request are encouraged to review such website frequently. The City anticipates selecting one or more of the responding Proposers, but there is no guarantee that any responding Proposer will be selected. Responses will be placed in the public domain and become public records subject to examination and review by any interested parties in accordance with the Government Record Access Management Act (Utah Code Ann. § 63G-2-101, et seq.). All materials submitted in response to this Request will become the property of the City and will be managed in accordance with the Government Record Access Management Act. 7. Term of Contract. The successful Proposer will be required to enter into a contract with the City to provide the Services. If the selected Proposer and the City Attorney are unable to negotiate a successful agreement, then another Proposer(s) will be selected by the Mayor or his designee, and negotiation will continue with such other Proposer(s) until an acceptable agreement is completed. ---PAGE BREAK--- Request for Proposals – Page 5 8. Compliance with Federal Regulations. Millcreek Common Phase II is funded in part through the National Park Service Land and Water Conservation Fund, and is subject to federal procurement requirements, including but not limited to compliance with: 8.1. The Federal Equal Opportunity Clause, in compliance with Executive Order 11246, as amended by Executive Order 11375, and as supplemented by Department of Labor regulations (41 CFR Part 60); 8.2 Executive Order 113858, Strengthening Buy American Preferences for Infrastructure Projects; 8.3 The provisions of the Land And Water Conservation Fund State Assistance Program Federal Financial Assistance Manual, Volume 71, effective March 11, 2021. 9. Contact Person. For more information on the Proposal, contact Francis Xavier Lilly, AICP, 3330 South 1300 East, Millcreek, UT 84106, [EMAIL REDACTED], [PHONE REDACTED], or for American with Disabilities Act (ADA) accommodation, individuals may request assistance by contacting the ADA Coordinator, [PHONE REDACTED] or [EMAIL REDACTED]. ---PAGE BREAK--- Request for Proposals – Page 6 Exhibit Project Location ---PAGE BREAK--- Request for Proposals – Page 7 Exhibit Millcreek Common Phase II Master Plan ---PAGE BREAK--- ---PAGE BREAK--- Request for Proposals – Page 9 EXHIBIT CERTIFICATION The undersigned Proposer certifies that it has not: 1. Provided an illegal gift or payoff to a City officer or employee or former City officer or employee or his or her relative or business entity; 2. Retained any person to solicit or secure this contract upon an agreement or understanding for commission, percentage, brokerage, or contingent fee, other than bona fide employees or bona fide commercial selling agencies for the purpose of securing business; or 3. Knowingly influenced and hereby promised that it will not knowingly influence a City officer or an employee or former City officer or employee to break any applicable ethical standard or rules. The undersigned Proposer certifies that: 1. The Proposal is made in good faith. 2. The Proposal is made in conformity with the specifications and qualifications contained in the Request. Name of Proposer: Name of Authorized Representative: Signature of Authorized Representative: Address: City/State/Zip: Telephone Number: Web Site Address: Email Address: Date Signed: