Construction Manager/General Contractor is an approach to the procurement of construction services whereby a construction manager/general Contractor ("CM/GC") is retained during the design process to review and provide comments as to the constructability of the Architect/Engineer's design within the established budget. Department Heads are authorized to seek proposals from qualified CM/GCs for construction of public work projects under the following conditions:
(a) Before the request for qualifications or proposals is issued, the Department Head shall determine that a CM/GC delivery method is necessary or appropriate to achieve anticipated cost savings or time efficiencies, or both, and that such a delivery method is in the public's best interest.
(b) Procurement of CM/GC. Department Heads are authorized to procure CM/GC services through one of the following three methods:
(1) Cost Only Procurement. Department Heads shall require that prospective proposers be pre-qualified to submit proposals on a specific project. The procedure for pre-qualification and final selection is as follows:
(A) Pre-qualification. The Department Head shall issue a request for qualifications inviting interested parties to submit their qualifications to perform the project. The request for qualifications shall include criteria by which the prospective proposers shall be evaluated. The evaluation criteria shall be based on qualifications and experience relevant to the services needed for the particular project. The list of criteria may include, but is not limited to the following: (i) ability to perform required pre-construction and construction phase services; (ii) evidence of financial capacity; (iii) experience on projects of similar size and complexity; (iv) ability to collaboratively and cooperatively deliver projects on time and on budget; (v) history of liquidated damages for delay and other damages paid on prior projects, and prior litigation; (vi) reputation with owners of prior projects; (vii) claims history with insurance carriers and sureties; and (viii) other criteria that the Department Head may deem appropriate. The Department Head shall set objective scoring criteria and incorporate the criteria into any scoring procedure. The Department Head shall designate a qualified panel to review pre-qualification responses and rate respondents with respect to the request for qualifications. The panel, at the department's discretion, may interview respondents as part of the pre-qualification process. Only those respondents found to be qualified will be eligible to submit proposals. The list of pre-qualified respondents shall be valid for not more than two years following the date of initial pre-qualification. The Department Head may establish a shortlist of no fewer than three pre-qualified respondents.
(B) Request for Proposals and Selection Process. The Department Head shall issue a request for proposals inviting pre-qualified CM/GCs to submit competitive cost proposals for the project. The request for proposals shall include information describing the scope of pre-construction and construction phase services for the project. The request for proposals shall request the following minimum information from each proposer: (i) fees for pre-construction services; and (ii) fees for construction phase services, such as profit or general conditions. The Department Head may recommend the award of a Contract to the Responsible proposer submitting the lowest Responsive cost proposal.
(2) Best Value Procurement. Under best value procurement, the department shall select the CM/GC based on a combination of cost and non-cost criteria. The weighting of the cost and non-cost criteria in the overall evaluation is at the discretion of the Department Head. The Department Head shall require that prospective CM/GCs be pre-qualified according to the process in subsection 6.68(b)(1)(A), or shall issue a combined request for qualifications and proposals inviting CM/GCs to submit competitive proposals for the project. In the case of a combined request for qualifications and proposals, the department may include a set of minimum qualifications that all potential proposers must meet in order for their proposals to be evaluated. The request for proposals shall include information describing the scope of pre-construction and construction phase services for the project. The request for proposals shall request the following minimum information from each proposer: (i) fees for pre-construction services; (ii) fees for construction phase services, such as profit or general conditions; and (iii) the qualitative criteria described in subsection 6.68(b)(2)(A).
(A) Non-Cost Criteria. The Department Head shall designate a qualified panel to evaluate and rank the proposals to determine which provides the overall best value to the City with respect to non-cost and cost criteria. In cases where proposers were pre-qualified in advance, this panel may be the same panel that reviewed the pre-qualification responses, or may include different qualified panelists. The list of non-cost criteria may include but is not limited to the following: (i) plan for expediency in completing the proposed project; (ii) quality of proposal; and (iii) other criteria established by the Department Head in the request for proposals. The Department Head shall set objective scoring criteria and incorporate the criteria into any scoring procedure.
(B) The Department Head may recommend the award of a Contract to the highest-ranked CM/GC. If award to such CM/GC is not made for any reason, the Department Head may recommend the award of a Contract to the next highest-ranked CM/GC.
(3) CM/GC Team Best Value Procurement. The Department Head may select a CM/GC team made up of the CM/GC and specified Core Trade Subcontractors. The Department Head shall require that prospective teams be pre-qualified according to the process in subsection 6.68(b)(1)(A), and then issue a request for proposals inviting pre-qualified CM/GC teams to submit competitive cost proposals for the project. Alternatively. the Department Head shall issue a combined request for qualifications and proposals inviting prospective teams to submit competitive proposals for the project. In the case of a combined request for qualifications and proposals, the department may include a set of minimum qualifications that all potential CM/GCs and their Core Trade Subcontractors must meet in order for their proposals to be evaluated.
The request for proposals shall include information describing the scope of pre-construction and construction phase services for the project. The request for proposals shall request the following minimum information from each team: (i) fees for pre-construction services; (ii) fees for construction phase services, such as profit or general conditions; and (iii) the qualitative criteria as described in subsection 6.68(b)(2)(A).
(A) The Department Head may recommend the award to the highest-ranked CM/GC team in accordance with the selection process in subsection 6.68(b)(2)(A) and (B).
(c) Procurement of Trade Subcontractors. Department Heads shall require the selected CM/GC to procure trade work contracts through one or more of the following methods:
(1) Pre-qualification and Competitive Bid. The Department Head shall require the CM/GC to pre-qualify trade subcontractors, subject to a process, which may be a minimum qualification application, pre-approved by the Department Head. The CM/GC shall attempt to establish a pool of no fewer than three pre-qualified subcontractors for each trade package. Unless otherwise authorized by the Department Head, each trade package pre-qualification opportunity shall be advertised as provided in subsection 6.21(a)(1). The Department Head shall require the CM/GC to receive sealed Bids from the pre-qualified trade subcontractors. Unless otherwise provided for in the advertisement or notice for bids, the bid security provisions of Section 6.21 will not apply. The CM/GC shall award a trade package subcontract to the Responsible Bidder submitting the lowest Responsive Bid.
(2) Core Trade Subcontractors. The Department Head may authorize the CM/GC to enter into subcontracts with Core Trade Subcontractors to provide pre-construction, design-assist, or design-build services as appropriate for the project. Before the CM/GC may award trade package subcontracts for construction services to the Core Trade Subcontractors, including Core Trade Subcontractors selected as part of the CM/GC team in subsection 6.68(b)(3), the Core Trade Subcontractors' bids must be validated against an independent cost estimate, as overseen by the Department Head.
(3) Direct Negotiation. The Department Head may authorize the CM/GC to negotiate subcontracts for trade work as appropriate for the project, up to an amount not exceeding 7.5% of the total estimated construction costs. The Department Head shall establish a maximum dollar value for each negotiated trade subcontract as appropriate for the project.
(4) Self-Performed Work. The Department Head may authorize the CM/GC to self-perform work after determining the cost of the work to be fair and reasonable, either by an independent cost estimate or by a competitive bidding process.
(d) Except for the bid security and subcontractor listing requirements in subsections 6.21(a)(4) and 6.21(a)(9), the requirements of Section 6.21 will apply to the selection of CM/GCs under this Section 6.68. Any resulting Contract with a CM/GC shall comply with Section 6.22, except that the bond shall be for a sum not less than 100% of the costs of construction and must be filed with the department prior to notice to proceed with construction. Only those Administrative Code provisions that normally apply to subcontracts will apply to the trade package subcontracts, except that the Department Head may authorize the CM/GC to require corporate surety payment and performance bonds for some or all trade package subcontracts.
(e) The City shall retain the absolute discretion to determine, at any time during the process, not to proceed with any proposed project, which right may be exercised without liability to CM/GC for costs incurred at any point during the selection process, and such rights shall be reserved in all request for qualifications or proposals.
(f) All actions heretofore taken by a Department Head consistent with the provisions of this Section 6.68 are hereby approved.