2012/04/04 Council Agenda Packet

REQUEST FOR PROPOSALS 1 ;/tel General Contractor/Construction Manager Services for Water Pollution Control Facility Expansion-Phase C estimated MACCs for both Phase Cl and Phase C2. The Final Proposal Form to be provided with the RFFP shall be used by the Proposer to submit its Percent Fee amount and fee percentage. After the MACC for each phase has been successfully negotiated, the Percent Fee amount to be included in the GC/CM Construction Contract will be established by the following formula: (Fee Percentage) x (Negotiated MACC) = Percent Fee 2. A fixed amount for detailed Specified General Conditions for each phase of work based on scope items identified in the RFFP documents, in a form to be provided with the RFFP. F. Start of MACC Negotiations: When the construction documents (plans and specifications) are at least 90% complete for each phase, the City and the GC/CM will begin MACC negotiations, in compliance with RCW 39.10.370. G. Completion of MACC Negotiations: MACC negotiations will take place prior to execution of the GC/CM Construction Contract, unless the City and the GC/CM agree that the GC/CM may bid and award some subcontract packages early under the options provided for in Chapter 39.10 RCW. The Contractor shall not be reimbursed for the MACC negotiations. Following successful negotiations of the MACC for Phase Cl, the City will finalize and execute the GC/CM Construction Contract for Phase Cl. After successful negotiations of the MACC for Phase C2, a GC/CM Construction Contract Amendment will be finalized and executed. H. Unsuccessful Phase Cl MACC Negotiation: Per RCW 39.10.370, if agreement on the Phase Cl MACC cannot bereached, the City shall negotiate with the next highest scored firm, and continue until an agreement is reached or the process is terminated. Should the City choose to terminate the negotiations due to failure to successfully negotiate a Phase Cl MACC, such termination will be effective upon acknowledgement of receipt of written notification to the Contractor. If for any reason the City and the selected contractor do not enter into a GC/CM Construction Contract after the contractor's performance of the Phase Cl Preconstruction Services, the contractor shall have no recourse whatsoever against the City for such failure to enter into a GC/CM Construction Contract. The City will also not consider such contractor for negotiation of the Phase C2 MACC. I. Unsuccessful Phase C2 MACC Negotiation: Per RCW 39.10.370, if agreement on the Phase C2 MACC cannot be reached, the City shall City of Everett Page 12 April 16, 2012 Water Pollution Control Facility Expansion-Phase CI 5