the university of louisville j.d. nichols campus for ... for construction proposals the university...

REQUEST FOR CONSTRUCTION PROPOSALS

The University of Louisville J.D. Nichols Campus for Innovation

and Entrepreneurship “Alleyway Courtyard Project”

Stipulated Sum Construction Proposal

ISSUED TUESDAY, NOVEMBER 24, 2015

RESPONSES DUE MONDAY, DECEMBER 14, 2015 BY 4:00 PM EDT

The information contained herein has been prepared for the express use of University of Louisville Real Estate Foundation, Inc. and NTS Development Company and should be considered strategic and confidential. Reproduction and distribution beyond the named recipients is strictly prohibited.

Alleyway Courtyard Project The University of Louisville J.D. Nichols Campus for Innovation and Entrepreneurship Request for Construction Proposals

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TABLE OF CONTENTS I. PROJECT CONTACTS II. BACKGROUND / HISTORY A. Location / Vicinity Map and Description B. Description of the Project Area C. Description of the Project III. PLANS AND SPECIFICATIONS IV. PROPOSED SCHEDULE V. CONTENT OF RESPONSE A. Formal Letter of Interest B. Table of Contents C. Description of Construction Team D. General Contractor’s Experience E. Qualifications F. References G. Construction Schedule and Logistics Plan H. Provided Bid Form

I. Other Information VI. EVALUATION AND SELECTION CRITERIA VII. SELECTION PROCESS VIII. FORM OF AGREEMENT

ATTACHMENTS Attachment 1 - AIA Document A101 - 2007 Attachment 2 - Local Participation Agreement Attachment 3 - Fair Labor Standards for Taxpayer Subsidized Projects


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THE UNIVERSITY OF LOUISVILLE J.D. NICHOLS CAMPUS FOR INNOVATION AND

ENTREPRENEURSHIP REQUEST FOR CONSTRUCTION PROPOSALS

The University of Louisville Real Estate Foundation, Inc. and its development partner, NTS Development Company, (collectively referred to herein as the Owner) invite the submittal of written Proposals from qualified General Contractors interested in providing construction services for the construction of an Alleyway Courtyard (referred to herein as the Project) located on The University of Louisville J.D. Nichols Campus for Innovation and Entrepreneurship (JDNC) in Louisville, Kentucky. The Owner has engaged Booker Design Collaborative and Qk4 to design the Project and to provide the plans and specifications. Rather than self-perform this Project, the Owner has decided to seek Proposals as outlined in this RFP. The Fixed Price / Lump Sum General Contractor Agreement (AIA Document A101 - 2007 / Attachment 1) will be administered by the Owner and its representatives. In response to this RFP, eight (8) physical copies and one (1) electronic copy of the Proposal must be received by NTS no later than 4:00 PM EDT on Monday, December 14, 2015. U.S. Mail, Overnight or Matt Ricketts Courier Delivery NTS Development Company 600 North Hurstbourne Parkway, Suite 300 Louisville, Kentucky 40222 I. PROJECT CONTACTS

Please direct all inquiries regarding the RFP in writing via email, with Subject title reading “Alleyway Courtyard RFP Questions,” to [email protected]. Responses to all inquiries will be posted on The University of Louisville Foundation website, www.louisvillefoundation.org, in a timely manner. No questions will be accepted after Wednesday, December 2, 2015 at 4:00 PM EDT.

mailto:[email protected]


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II. BACKGROUND / HISTORY

A. Location / Vicinity Map and Description: The JDNC property is strategically situated in Louisville’s Central Business District (CBD) just off the I-65 interchange ramp to Brook Street. The site is bordered by E. Market Street to the north, S. Floyd Street to the west, E. Jefferson Street to the south, and S. Preston Street to the east.

Regional Context Map


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The site is within blocks of Louisville Slugger Field, the Kentucky International Convention Center, Fourth Street Live entertainment venue, the YUM Center, and the restaurants and arts downtown neighborhood known as “NULU”. The site is north of and adjacent to The University of Louisville Health Sciences Center. The site is well situated in close proximity to regional transportation, hotels, restaurants, shopping, recreational, and employment opportunities.

Vicinity Map B. Description of the Project Area: The JDNC property has excellent visibility and access to

I-65. JDNC’s newest office building, “Atria”, is a 200,000 square foot, eight-story building focused on Life Long Wellness and Aging Care. This building was completed in 2014 and is nearly 100% leased. A six-level, 835 space parking garage is currently under construction on the southeast quadrant of the JDNC. This parking garage is expected to be complete in the Spring of 2016. A portion of the site will be shared with Sullivan Cozart Construction while they complete the Parking Garage Project. The Owner recently had a Phase 1 environmental site assessment performed by AMEC, and determined that no further environmental work is required on this site. This environmental site assessment is available upon request.


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Project Location Exhibit

C. Description of the Project: The Project will form a pedestrian connection from Floyd Street to South Preston Street mid-block between Market Street and Jefferson Street. The whimsical, yet functional design, will create a fun place for employees and the like to gather, eat lunch, relax or even take in some local music or festivals on special occasions. Designed to be a park-like setting, this Project will provide an oasis of green space and shade within the urban environment. The Project is being divided into two phases (see Drawings Sheet C201) to allow for the construction of the second office building, which will be located on the northeast quadrant of the block. Construction of this second office building is expected to start late in 2016 or early 2017. All manufactured products needed for the second phase will be purchased with the first phase and stored in the parking garage until the second office building is complete.

III. PLANS AND SPECIFICATIONS

The Owner is seeking a General Contractor to construct the Project. The following are some baseline requirements:

• The Project shall include all site work, grading, hardscape, landscape, structures,

irrigation, furnishings, etc. as depicted in the plans and specifications.


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• The General Contractor will be responsible for all work and fees associated with taking all required plans through any necessary zoning and plan/permit approval processes.

• The General Contractor will be responsible for all application, usage, registration, utility, or other fees necessary to complete the Project.

• The Project must follow all requirements of the Local Participation Agreement (Attachment 2).

• The Project must follow all requirements in the Fair Labor Standards for Taxpayer Subsidized Projects (Attachment 3).

• The General Contractor shall include a line item alternate on the provided Bid Form for a Performance Bond should one be required on this job.

• The Plans, Specifications, Bid Form and other pertinent information for this Project are available at the following link:

https://infox.gspnet.com/UserWeb/Login/Login.aspx User: [email protected] Password: BidDocs

All updates, addendums and other information pertinent to this RFP will be posted at this site as they become available. Please check it frequently during the response period.

IV. PROPOSED SCHEDULE

The proposed schedule for the General Contractor selection process, which is subject to change at the Owner’s discretion, is as follows:

RFP Announced and Distributed November 24, 2015 Questions and Clarifications Deadline* December 2, 2015, 4:00 PM EDT Receive Proposals December 14, 2015, 4:00 PM EDT Interviews and Presentations Week of December 14, 2015 Final Selection and Issue Notice to Proceed Week of December 21, 2015 Substantial Completion (no later than) April 1, 2016

*Please direct all inquiries regarding the RFP in writing via email, with Subject title reading “Alleyway Courtyard RFP Questions,” to [email protected]. Responses to all inquiries will be posted on The University of Louisville Foundation website, www.louisvillefoundation.org, in a timely manner. No questions will be accepted after Wednesday, December 2, 2015, at 4:00 PM EDT.

https://infox.gspnet.com/UserWeb/Login/Login.aspx



http://www.louisvillefoundation.org/


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V. CONTENT OF RESPONSE

In response to this RFP, eight (8) physical copies and one (1) electronic copy of the Proposal are to be submitted by interested General Contractors. The Proposal shall include all of the following:

A. Formal Letter of Interest: A cover letter on the Respondent entity’s letterhead

referencing this RFP and stating the entity’s interest in being selected. The cover letter must be signed by a principal of the entity, the person designated as the project manager, and must be the first element of the submitted materials.

B. Table of Contents: Please provide a table of contents indicating where in your submission the elements outlined herein are addressed, unless these elements are addressed serially in clearly identified sections in your Proposal.

C. Description of the Construction Team: 1. Describe the lead firm/entity’s legal structure and name, business mailing address and

the name of the relevant business contact. 2. A listing of the entity’s officers, directors and key management employees. 3. Identify the project manager and discuss his or her relevant project management

experience and ability to successfully manage the Project. 4. Describe the proposed structure of the General Contractor arangement. This shall

include the General Contractor’s approach to the coordination of the Project. Identify any consultants or subcontractors expected to be used and describe the work that will be assigned to each of them. Provide an organizational chart indicating the proposed working relationship of all team members and key personnel.

D. General Contractor’s Experience: Significant weight will be placed on the successful

prior experience in management and construction of projects similar in size and complexity to the Project. Prior examples of working with and supporting The University of Louisville (and/or its affiliates) is a positive and should be clearly documented in your Proposal. Respondents should list and concisely describe projects in which they have been involved with the construction of similar urban plazas, along with any experience working on projects located in Tax Increment Financing Districts. 1. The name, location, physical size (land size and square footage of facility), schedule

duration, the type and cost of each project designed and/or built by the Respondent along with its current status. Describe in detail the Respondent’s role in each project.

2. Based on the Respondent’s experience, describe their general approach to each project listed and factors which they believe contributed to the success of the project, along with the challenges and obstacles to success experienced.

3. Provide contact information for the principal parties involved in the projects listed and their roles in each project. Respondent consents to the Owner contacting these individuals for the purpose of discussing the Respondent’s role and experiences with the projects.


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E. Qualifications: Provide current resumes, including educational background, work experience, professional affiliations, expertise and experience for the responsible entity’s project manager and all key personnel that the Respondent will include in the Construction Team. For all consultants and subcontractors (to the extent known) that will be part of the Project, include a statement from each principal as to the company’s qualifications and relevant experience with similar projects. Respondent shall also include the nature and extent of any prior collaboratieve working relationships between each company and Respondent.

F. References: Include as references:

1. A list of at least three individuals and/or organizations who may be contacted as professional references regarding the Reponsdent’s experience relevant to this RFP;

2. The audit partner at the Respondent’s accounting firm; 3. The relationship partner at the Respondent’s primary commercial bank; 4. The relationship manager at the Respondent’s primary investment bank or other

external financial advior, if any; and 5. The relationship manager at Respondent’s primary outside law firm.

Please provide a contact name, title, address, email address, telephone number and facsimile number, if available, for each reference listed. By providing such information, the Respondent consents to the Owner contacting these individuals for the purpose of discussing the Respondent’s background and experience as it relates to this RFP.

G. Construction Schedule and Logistics Plan: Please provide your proposed, detailed

construction schedule and a narrative describing how you propose to coordinate the work while facilitating access to people utilizing the parking garage, surface parking and the Atria Building.

H. Provided Bid Form: All proposals must include the Bid Form filled out in its entirety.

I. Other Information: Please provide any additional information (not to exceed two pages) that Respondent believes would be material to the Owner in considering their Proposal.

VI. EVALUATION AND SELECTION CRITERIA

Based on the evaluation and review of information presented in the submitted Proposals, the Owner will select a General Contractor most qualified to perform the Project on the basis of an objective analysis of the criteria referenced below: • Understanding of the scope of the Project and the approach proposed to complete it.

(20%) • Proposed Stipulated Sum. The Owner reserves the right to negotiate the final fee

structure with the successful Respondent. (25%)


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• Understanding the significance of utilizing local talent and resources in carrying out the construction of this Project. (10%)

• General Contracting experience and demonstration of ability to successfully complete

projects comparable in design, scope and complexity. (15%) • Professional strength of the project manager and key in-house personnel who will be

working on the Project. (10%) • Professional strength and organization of the proposed Construction Team, including

clarity of team members’ roles and expertise of key personnel. (10%)

• Respondent’s current workload and demonstrated ability to achieve Project schedules or deadlines, and resources available to provide the required services for the Project. (10%)

VII. SELECTION PROCESS

One General Contractor will be selected by the Owner based on competitive negotiation. The following procedure will be followed in making the final General Contractor selection:

• After receipt of Proposals, the Owner will review, evaluate and rank the Proposals in

accordance with the Evaluation and Selection Criteria previously described herein. The Owner reserves the right to interview some, all or none of the Respondents to seek clarification of the Proposals if necessary. All interviews and presentations will take place in Louisville, Kentucky at a time and place prescribed by the Owner.

• The Owner may then begin negotiations with the highest ranked General Contractors to refine the scope of the work. The Owner’s proposed form of agreement, in draft form, will be provided at the beginning of the negotiation.

• After scoping meetings have been held with the top Respondents and the final scope of services is agreed upon, the Owner may negotiate final fees with the top Respondent. If a mutually satisfactory final fee is negotiated with one of the Respondents, a notice of award may then be issued.

• When a final agreement has been reached with a Respondent, the Owner will notify the selected Respondent and other Respondents of the results.

• Final agreement for services, including fees and form of agreement, will be subject to review and approval by the Owner’s legal counsel and other internal controls.


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• The Owner reserves the sole right to evaluate the Proposals submitted for the Project, waive any irregularities and/or informalities therein, select the General Contractor and/or reject any and all General Contractors that submitted Proposals, should such be deemed in the best interests of the Owner. In the event that any such waivers, selections, or rejections are considered necessary, the Owner will be responsible for the final decision.

• Miscellaneous: a) Any direct contact with members of ULDC, the University of Louisville Real Estate

Foundation, Inc., and The University of Louisville Foundation, Inc. (the “Foundation”) selection committee, Foundation board members, employees, or consultants outside of the structured process (described above) will be grounds for disqualification.

b) The Owner will use discretion in providing answers to questions submitted from all firms responding to this Request For Proposals (RFP). If questions are general or informational in nature, answers will be broadcast to all respondents. However, if questions are of a proprietary nature, answers will be provided only to the firm that issued the request.

c) This RFP is not an offer to contract. Acceptance of a response neither commits the Owner to award a contract to any respondent, even if all requirements of this RFP are met, nor limits the Owner’s right to negotiate in the Owner’s best interest. The Owner reserves the right to contract with any Respondent for reasons other than lowest price. Failure to answer any question in this RFP may subject the response to disqualification. However, failure to meet a qualification or requirement will not necessarily subject a response to disqualification.

d) The data provided in this RFP, by the Owner, is for informational purposes only and is intended to provide prospective firms as complete of an understanding of the Owner’s situation as possible at this time. There is no representation or warranty that such data is accurate, and all parties responding to this RFP understand they are using such data at their own risk.

e) All responses submitted in response to this RFP shall become the property of the Owner and will not be returned to Respondents. Responses will be securely stored or destroyed in the event no contract is awarded.

f) The Owner’s desire is to negotiate an agreement with a successful firm(s), whose response is considered to be the most advantageous to the Owner. Financial stability, as well as other factors, will be considered in the evaluation. Responses should be submitted on the most favorable terms possible, from the standpoint of cost and quality service. The Owner reserves the right to accept other than the best financial response and to reject any or all responses and waive any of the requirements of the response as described in this RFP. Upon selection of the firm, the Owner may enter into an agreement(s) setting forth the terms and conditions of the parties’ rights and obligations. The resulting agreement(s) shall follow substantially the terms described in this RFP. At the Owner’s option, this RFP and the successful firm’s response will be binding on both parties, and will become an integral part of the agreement(s).


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g) If Respondent submits a response, which in any way does not meet the RFP requirements, the Respondent must specifically describe any and all exceptions taken. The absence of any exception, the Owner assumes that the Respondent’s response is based on complete compliance with all requirements.

h) The Owner is not responsible for oral statements made by its employees, agents, or representatives concerning this RFP. Respondent is solely responsible for examining this RFP and all attachments hereto.

i) Responses are presumed to represent Respondent’s best efforts to respond to this RFP. Any inconsistency, whether real or apparent, between proposed performance and price must be explained in the response.

• Confidentiality: The information contained in this RFP and any information about the

Foundation, ULDC, and NTS and their respective campuses, facilities, services, and/or business practices shall be considered confidential by any firm receiving or responding to this RFP. The information contained in this RFP (or accumulated through other written or verbal communication between you and us) is considered Confidential Information. If any recipient of this RFP is not willing to maintain such information in confidence, the recipient is required to notify us immediately and return all copies of this RFP and supplemental information. Without our written consent, you may use the information contained herein only for purposes of responding to the RFP, and such information may be disclosed only to your employees who have a “need to know” such information in order to enable you to respond to this RFP.

VIII. FORM OF AGREEMENT

A modified AIA A101-2007 (Attachment 4), Standard Form of Agreement Between Owner Contractor, will be used for this Project. All respondents must provide a “stipulated sum” (Lump Sum Proposal) including sales tax on the provided Bid Form.

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