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<br />At the conclusion of the presentation and interview process, each of the rated elements for each firm will be <br />evaluated to determine the best-qualified for the project and will rank the shortlist firms accordingly. The Owner <br />will enter into negotiations with the top ranked firm and execute a contract upon successful completion of <br />negotiation of fees and contract terms for Council approval. If the selected CM declines the appointment or is <br />unable to reach agreement with the Owner concerning fees or terms of the contract for either CMar of CMa, the <br />Owner shall terminate negotiations with the CM and begin negotiate with the CM with the next highest score and <br />continue that process until agreement is reached or the list of finalists is exhausted. If the list of finalists is <br />exhausted, the Owner shall request the selection committee to revise the request for qualifications and solicit new <br />submissions. If the selection committee is unable to provide any constructive revision to the request for <br />qualifications, the Owner shall select another allowed public improvement delivery method. <br /> <br />The Owner reserves the right to: <br />1.Terminate the process at any point prior to award of a contract. <br />2.If a firm becomes disqualified or withdraws, retain the right to replace that firm on the interview list with <br />another firm. <br />3.Reject all persons or firms on a list and not enter into a contract with any persons or firms on a list <br />4.Waive trivial or negligible irregularities that may occur during the solicitation process. <br />The following tentative schedule has been prepared for this project: <br />SOQ submittal deadline November 13, 2020 <br />Notice of interview selection November 17, 2020 <br />Interviews November 24, 2020 <br />Award of contract (pending negotiations) November 25, 2020 <br />Proposed contract negotiations deadline December 4, 2020 <br />ERMU Board Meeting (contract review) December 8, 2020 <br /> <br />The firms selected for interviews and for contract negotiations will be notified directly by the Owner. <br /> <br />SECTION 7 GENERAL INFORMATION <br /> <br />Bond Required: A CMar, before starting any construction, shall provide the governing body with a bond in an <br />amount at least equal to the amount of the GMP. The bond must be conditioned to be void if the contractors fully <br />perform all terms, conditions, and provisions of the construction services contract and pay all bills or claims on <br />account of labor and materials, including supplies used for machinery and equipment, performed furnished, and <br />used in the performance of the contract, including all demands of contractors. The requirement that bills and <br />claims be paid must include the requirement that interest of the amount authorized under section 13-01.1-02 be <br />paid on bills and claims not paid within ninety days. The bond is security for all bills, claims, and demands until <br />fully paid, with preference to labor and material suppliers as to payment. The bond must run to the governing <br />body, but any person having a lawful claim against the contractor may sue on the bond. <br /> <br />Contractor Bond Required: Each mechanical contractor and electrical contractor providing work on a public <br />improvement project that utilizes the CMar delivery method shall provide the governing body with a separate <br /> <br /> <br />Construction Services: After the governing body and the CM as CMar have finalized the contract for planning and <br />design phase services and the process has progressed sufficiently to provide the CMar the necessary project <br />details, the governing body and the CMar shall enter negotiations for a GMP and contract terms for the general <br />construction of the public improvement, provided that the CMar shall not be a constructor. If the governing body <br />is unable to negotiate a satisfactory contact with the highest qualified person on the list of finalizes, the governing <br />body shall terminate negotiations with that person. The governing body shall commence negotiations with the <br />next most qualified person on the list in sequence until an agreement is reached, or a determination is made to <br /> <br />108 <br />