Request for Qualifications/Proposals. Owner s Representative Services. Merriam Community Center Project

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1 Request for Qualifications/Proposals Owner s Representative Services Merriam Community Center Project September 1,

2 RFQ/ Proposals for Owner s Representative Services Merriam Community Center Project The City of Merriam, Kansas ( City ) is requesting proposals and statements of qualification (the Proposals ) for Owner s Representative (hereinafter Owner s Representative ) services as described in Section D herein (the Services ). Services may vary based upon the results of a mail-in ballot on September 15, The requested services will be related to either (a) construction of a new Community Center Project located at Lucyann C. Vavra Park (6114 Slater Street); or (b) an extensive remodel of the existing Irene B. French Community Center (5701 Merriam Drive) and Merriam Aquatic Center (6040 Slater), as illustrated on the attached Exhibit A (the Project ). T h e City intends to select, hire and pay the successful applicant (the Owner s Representative ) based on a qualification-based selection procedure. The City and the se le cted app licant will negotia te an agreed upon fee for the Services, and such fee will be paid on a monthly basis through the end of the contract term. The City also reserves the right to negotiate all other terms of the Proposal with the selected applicant. A. PROJECT DESCRIPTION New Community Center Project - will be located in the heart of Merriam and encompass many of the ideas envisioned in a citizen led Recreation Facilities Steering Committee Process conducted between late-2015 to early As proposed, the building program includes a 66,000 SF Community Center to include both indoor and outdoor aquatic components and related site work. Current projections contemplate a 12-month design schedule followed by a 15-month construction schedule. The Project is comprised of the following elements: New Community Center Components Youth, teen and senior programming. An indoor aquatic center, including a leisure/wellness pool, play structures for children, water slides, lazy river and lap swimming lanes. An outdoor aquatic center, including spray pad, lap lanes and leisure pool A large walking track (nine laps per mile). Fitness facilities, including cardio and weight training equipment. A multi-use gymnasium. Child watch area. Public art gallery space. Parks and Recreation Administrative Offices Multiple community meeting rooms. Remodeled Irene B. French Community Center - In 2015, the City hired Susan Richards Johnson and Associates to complete a comprehensive analysis of the community center. It provided detailed solutions for addressing many of the IBFCC s current problems, which would make it possible for Merriam to 2

3 continue using the existing community center. A required partial demolition and renovation of the facility would address structural, safety and accessibility issues. This project would also entail reconfiguring some of the existing rooms, new MEP systems and the construction of a new addition. This option would result in all systems working reliably into the foreseeable future. Remodeled Community Center Components ADA accessibility. Site drainage. Domestic fire and protection lines. Extensive architectural renovations. Mechanical, electrical, plumbing upgrades. New addition to include a fitness area, aerobics room, full size gymnasium, and locker rooms. This option would also include various improvements to the Merriam Aquatic Center to include a new bathhouse, new filter house and new pool basin. B. PROJECT TEAM Relevant team members include: Chris Engel, City Administrator Meredith Hauck, Assistant City Administrator Anna Slocum, Parks & Recreation Director Cindy Ehart, Finance Director Nicole Proulx Aiken, City Attorney C. QUALIFICATIONS Proposals should include the following detailed information: 1. Description of applicant firm s history and number of years of experience providing owner s representative services, specifically the Services described herein; 2. List of current and past assignments for which owner s representative services were provided, including description of projects, if the entity for which the services were provided is public or private, the size of any public entity for which services were provided, construction date and value, architect, contractor, and staff member(s) assigned to each project; 3. Identify the applicant s principals, managers and key staff members who would be assigned to the Project and describe the professional qualifications and experience of e a c h s u c h p e r s o n with regard to the services detailed herein; 4. Percentage of applicant revenue derived from owner representative 3

4 work; 5. At least five references of owners, including at least one public entity, for which o wn e r s re prese n ta tive se rv ices have been performed with contact names, addresses, telephone numbers, and addresses. 6. Demonstration of ability to perform o w n e r s r e p r e s e n t a t i v e s e r v i c e s projects comparable in design, scope and complexity to this Project. 7. Demonstration of how the applicant has generated documented savings for an Owner through negotiation, best practices, value engineering, and process improvement. 8. Description of approach to owner s representation and a summary indicating typical roles and responsibilities of Owner s Representative relative to the City, architect and co n tra ctor, including authority for quality compliance and safety decisions. 9. Description of your approach to planning, technical and financial decision-making with the architect, contractor, and City. 10. An example of a monthly status report that documents project status, milestones, and outstanding action items. Also include a description of any software that the applicant uses for organization and filing of documents and/or reporting and its compatibility to other programs. 11. A proposed fee to provide the owner s representative services based upon 20 hours per week, the basis for the fee including an itemized breakdown of all items including overhead and profit, and proposed reimbursable expenses to be charged to the Project. Final determination of fees/expenses will be negotiated between the City and the successful applicant. 12. A proposed separate fee to coordinate the purchase and installation of contractor installed furniture, fixtures and equipment. 13. A certificate of insurance outlining coverage and policy limits, a statement affirming any current claims that may affect coverage limits available to the City, and a statement confirming whether or not coverage can be increased. D. SCOPE OF SERVICES 1. General Services 1.1. Owner s Representative, in general, shall report to the City s designated Project Manager who will have primary management responsibility for the Project and shall coordinate all Project matters with the assistance of the Owner s Representative. 4

5 1.2. Owner s Repre sen ta tive shall maintain an organized filing system for all Project documents and records. At Project completion, Owner s Repre sen tative will deliver all Project document(s) and record(s) to the City or at any time during the Project construction period at the City's request Owner s Rep resen ta tive shall schedule, attend, conduct, record, and assist the City at all Project meetings (including without limitation meetings with the architect, co n tractor, consultants, or City s designees). Owner s Repre sen tative shall direct the architect, or co n tra cto r, to prepare meeting minutes if the architect or co n tractor is contractually required to do so. In the absence of meeting minutes prepared by others, Owner s Represen ta tive will provide City with minutes from such meetings prepared by the Owner s Represen ta tive. O wner s Represen ta tive shall review for accuracy the minutes of such meetings prepared by the architect, co n tracto r, or others. Owne r s Represen ta tive shall clarify, amend and report to the City s Project Manager any discrepancies in the minutes affecting the Project Owner s Repre sen ta tive shall furnish to the City s Project Manager monthly reports containing (a) the status of the Project; (b) a comparison of the Project budget to costs incurred through the date of the report; (c) a comparison of the Project schedule to the work actually completed through the date of the report; (d) any revision to the Project schedule or Project budget made during the p e r i o d covered by the report; (e) a summary of change orders made during the period covered by the report; (f) a list of all pending change orders and all outstanding issues requiring action or approval by City; (g) the status of any governmental requirements and activities required to facilitate approval of the Project; and (h) any other reports concerning the Project as City may reasonably request Owner s Represen ta tive shall provide accounting services for the Project, including but not limited to (a) defining Project budget, subject to City input and final approval; (b) preparing monthly variance reports; (c) monthly Project accounting services related to assembling, reviewing and forwarding to City for payment the invoices from the a rchitect and c on tra cto r and other consultants; and (d) processing and coordinating the payment of the contra cto r applications for payment. Own er s Repre sen ta tive shall provide such reports in an electronic format in a form acceptable to City and at such times as set out by the City Owner s Repre sen ta tive shall facilitate discussions and provide recommendations to improve energy efficiency of the new facility Owner s Repre sen ta tive shall be available for questions and follow up by telephone or site meetings with City. 5

6 1.8. Owner s Representative will develop a Move Management Plan for the Project and develop a scope and schedule for the physical move; conduct interviews with potential mover vendors; solicit and review mover vendors bids; and negotiate contract terms and fees with the selected mover in coordination with the City Owner s Representative will provide recommendations to the City regarding the development of fixed building costs associated with Community Center programming for financial forecasting purposes. 2. Pre-Development Phase Services 2.1. Owner s Represen ta tive shall review information relevant to the Project, including predesign space studies, architect recommendations, proposed building program components and utilization, environmental investigation and remediation reports, building systems analysis reports, applicable city/state regulations, and Americans with Disabilities Act compliance Owner s R epre sentative shall assist City in ensuring compliance with the City s standard contracting protocol, including applicable federal requirements, if any Owner s Representative will play lead role in facilitating an RFQ/RFP selection process and subsequent negotiations for an architectural firm to provide the following services: program verification and site evaluation; preliminary design; final design, bidding and construction phase services. Owner s Representative will advise the City on an appropriate construction delivery method most advantageous to the City s desired outcomes and then play a lead role in the selection and negotiation of a Construction Firm and related Consultants to provide pre-construction services, bidding and award services, construction phase services, and post occupancy phase services Owner s Repre sen tative shall assist the City with and lead (subject to City s input and final approval) the process of identifying, soliciting proposals from, selecting, and negotiating contracts with any applicable Project vendors (the Vendors ). Owne r s Rep rese nta tive shall advise City and make recommendations concerning (a) scope of services to be provided by each selected vendor (b) fees; and (c) administration of contracts with each selected vendor at City s direction. Vendors ma y a lso include Consultants, such as professionals that perform consulting services for various programming elements of the Project Owner s Repre sen tative shall provide leadership to each selected Vendor on all matters relating to the planning, design, governmental approvals, construction, and other activities necessary to complete the Project. 6

7 2.6. Own er s Rep resen ta tive shall (1) coordinate the preparation by the a rchitect of a written and graphic description of the program for the Project, including room uses, sizes and adjacency requirements, in accordance with City s goals and objectives, (2) prepare and submit to City a preliminary estimated schedule for completion of the design and construction of the Project, including, without limitation, the various major activities to be undertaken in connection with the Project and the approximate timing of the commencement and completion of such activities, which Owner s Represen ta tive shall monitor and revise, as appropriate, from time to time throughout the Term; (3) assist City in establishing a Project budget based on a preliminary estimate of Project costs, including without limitation City s internal costs, which Owner s Rep resen ta tive shall update from time to time with increased detail as the design of the Project progresses; and (4) manage the Project schedule and Project budget to manage cash flow, maximize value, keep the work progressing in a logical manner, and avoid or mitigate interruptions of design and construction Owner s Rep resen ta tive shall consult with the City regarding the City s requirements and responsibilities relating to and review all predevelopment site evaluation activities, including but not limited to; obtaining and evaluating any necessary soil reports and studies and determining the need for any site soil corrections; obtaining and evaluating a site plan(s) survey, topographical survey, schematic designs and elevations for the Project; and determining the need for any property rights or other actions related to underground utilities, access, encroachments or other development limitations disclosed in the survey. Owner s Repre sen tative shall advise and assist the City in all activities necessary to obtain any and all property or rights-of-way necessary for development of the Project or the provision of adequate utility services and access thereto Owner s R epre sentative shall coordinate any required environmental review of the Project, and advise and assist City in obtaining all environmental permits or approvals required for the Project, if any Owner s Re presenta tive shall coordinate with the c o n tra cto r the obtaining of necessary building permits or other necessary construction approvals for the Project; and advise the City as to any material issues noted by the architect Owner s Representative shall coordinate with the co n tractor and each selected Vendor to provide recommendations to the City and a rchitect regarding construction feasibility, value engineering, availability of materials and labor, time requirements for installation and construction, and factors relating to costs, including costs of alternative designs or materials, and possible cost reductions and economies if and when necessary to reconcile the Project budget, program, and schedule. 7

8 2.11. Owner s Representative shall review and comment on the drawings and specifications for the Project as they are prepared by the architect, and coordinate their review by the co n tractor. Owner s Representative shall assist the City in the evaluation and recommendation of appropriate design alternatives in light of the City s Project program and the Project budget and schedule, provided the Owner s Representative shall not assume any of the architect's responsibilities for design Upon approval by City of Proje ct development plans and specifications, Owner s Representative shall (a) lead the process on behalf of the City in reviewing and coordinating the preparation by the architect and other Project consultants of the construction documents for the Project; and (b) make recommendations regarding alternative solutions whenever design details appear to (i) adversely affect construction feasibility, the Project program, budget or schedule; or (ii) cause the Project to deviate from the approved drawings or requirements of City O wn e r s R ep re sen ta tiv e shall (i) prepare and update cost estimates for the estimated Project costs to be incurred by City in designing and constructing the Project, including the projected monthly expenditures for the term of construction. The Project costs estimate shall include separate line items for each cost category included in the Project cost with line items for anticipated contracts and subcontracts, and (ii) evaluate pricing for alternative building and engineering systems. In addition, Owner s Representative shall: Revise such Project costs estimate from time to time as the design of the Project is finalized, the working drawings are prepared, construction contracts for the Project are negotiated, awarded and executed and shall provide a variance summary with each update, including recommendations on any necessary corrective action for unfavorable variances from the then-current Project Budget If appropriate, identify contractors and subcontractors to provide additional cost estimate confirmation or means and methods suggestions Owner s Representative shall recommend modifications to the Project design, Project budget, Project schedule and Project program to reconcile each with the others, for final decision by City Owner s Representative shall make recommendations as to the timely and economical purchases of materials and equipment; and monitor the purchase of such items Owner s Representative shall review and comment on all safety, health and environmental protection measures proposed by the co n tra ctor, and make recommendations with respect to any changes thereto that 8

9 O w n e r s R e p r e s e n t a t i v e deems necessary or appropriate Before the contra cto r commences work on the site, Owner s Representative shall assist City in the preparation of all necessary site logistics plans, traffic flow diagrams and plans for the performance of the applicable work. 3. Development Phase Services 3.1 Owner s Representative shall represent the City in its communications with the architect, c o n tractor, c onsultant(s) and vendor(s); schedule, attend, and conduct progress meetings, regular on-site meetings to review construction progress and pay requests and to provide appropriate recommendations to the City concerning the City s decisions on construction matters, including, where necessary, alternative designs or materials; and coordinate, review, advise the City concerning change orders, submittals, and requests for information. 3.2 Owner s Representative shall (i) assist and review the processing of change orders, (ii) advise City concerning the necessity for, scope of and recommended cost of change orders, and (iii) negotiate, on City s behalf, all change orders with c o n tracto r in accordance with City Council Policy. The final Project budget and/or Project schedule, as applicable, will be revised to reflect approved change orders, but in no event, shall the Owner s Representative approve a change in Project cost or bind the City thereto without written consent and City approval. 3.3 Owner s Representative shall review applications for payment by the c o n tractor, review and certify certificates for payment issued by architect and make written recommendations to City concerning payment. O wn e r s R e p r e s e n t a t i v e certification for payment shall constitute a representation to the City that, to the best of the O wn e r s R e p r e s e n t a t i v e s knowledge, information, and belief, the work has progressed to the point indicated and the quality of the work is in accordance with the contract documents. The issuance of an Owner s Representative certificate for payment shall further constitute a representation that the co n tracto r is entitled to payment in the amount certified. In addition, Owner s Representative and City shall cooperate with one another to develop an orderly procedure for review and payment of Project costs and expenses, including fees for the architect, co n tra cto r and consultants. 3.4 Owner s Representative shall direct c o n tracto r (and others, where appropriate) to prepare and update a critical path schedule for completion of the applicable work. In the event of delays impacting the critical path schedule, O wn e r s R e p resenta tiv e shall make recommendations to City for corrective action by co n tra cto r. 9

10 3.5 Owner s Representative shall coordinate negotiations among the Project Team, and as applicable, the utility companies and others concerning the installation of electric, sewer, fiber, water, gas, and telephone facilities required for the Project, on a schedule consistent with the Project schedule. 3.6 Owner s Representative shall coordinate the architect s review and approval of shop drawings, product data and other submittals by the co n tra cto r. 3.7 In conjunction with the c o n tracto r who has prime contractual responsibility, the Owner s Representative shall additionally review and advise the City concerning the adequacy of the contra ctor s personnel and equipment, and the availability of materials and supplies to meet the contra ctor s schedules in relation to the Project Schedule. 3.8 Owner s Representative shall cause contra cto r to maintain a daily log containing the number of workers, equipment, work accomplished, problems encountered and other relevant data as the City may require. Although Owner s Representative shall not guarantee the performance by contracto r, O wn e r s R ep resen ta tiv e shall communicate a n d recommend courses of action to the City when City or Owner s Representative becomes aware that requirements of any Project construction contract are not being fulfilled or when contractor falls behind in its schedule. The Owner s Representative shall communicate recommendations, as directed by the City, to contractor on behalf of the City; shall monitor contracto r s performance of such recommendations; and shall report contracto r 's progress to the City on at least a monthly basis and more frequently, if appropriate. 3.9 Owner s Representative shall notify City if Owner s Representative becomes aware that the work of contracto r is not being performed in accordance with the requirements of the contract documents. As appropriate, O w n e r s R e p r e s e n t a t i v e shall have authority, with written authorization from the City, to require additional inspection or testing of the work in accordance with the provisions of the contract documents, whether or not such work is covered, installed or completed. Owner s Representative shall review any and all test reports and notify the City, the architect and the contra ctor, as appropriate, of deficiencies in the work of which Owne r s Represen ta tive becomes aware and shall advise the City of projected consequences of such default a n d shall make recommendations to City with respect thereto. With the written authorization of City, Owner s Representative shall reject work which does not conform to the requirements of the applicable contract documents Owner s Representative shall advise the City concerning the purchase of building materials by the contracto r Owner s Representative shall attend on-site review of the Project 10

11 to confirm substantial and final completion of the construction of the Project, and notify City when Owner s Representative believes the work under a Project construction contract is substantially complete and that a punch list should be prepared At the substantial completion by contra cto r of the work as determined by the architect, monitor the a rchitect in its inspection of the work and preparation of a detailed punch list specifying any items which require completion, installation, correction or repair. O w n e r s R e p r e s e n t a t i v e will consult with City and/or architect in connection with recommendations for the rejection and replacement of all nonconforming work, as appropriate Owner s Representative shall obtain from c o n tracto r all record drawings or, if required by the applicable Project construction contract, as-built drawings, as construction progresses Together with the architect and City, Owner s Representative shall monitor and observe the testing and start-up of all utilities, systems and equipment for the Project Owner s Representative shall complete the final close-out of the Project by (i) obtaining, or causing the con tra cto r to obtain, all government approvals required for the legal use and occupancy of the Project, (ii) obtaining all warranties, guarantees, bonds, insurance certificates, installation manuals, and other items required pursuant to the Project construction contracts, (iii) obtaining all affidavits, waivers, and releases the con tra cto r is required to provide the City pursuant to the Project construction contacts to achieve final completion of the Project, (iv) analyzing all claims (including change order disputes and other claims for extra compensation) asserted by the contra ctor and the a rchitect, (v) collecting and/or otherwise resolving any and all back charge claims that City may assert against any a rchitect or contractors, including assistance with any legal proceedings instituted by City and/or the architect or c o n tra cto r, and/or (vi) representing City at meetings and/or inspections scheduled by City and held to resolve problems relating to design, physical condition or operation of the Project to seek enforcement of warranties Owner s Representative shall assist the City with the coordination of all occupant relocations into and out of the Project space. 4. Security/Safety. During construction, the Owne r s Rep rese nta tive shall promptly inform the City if the O w n e r s R e p r e s e n t a t i v e becomes aware of any security concerns and/or unsafe conditions. E. PROPOSAL SUBMISSION & SELECTION 11

12 1. Proposal Submission 1.1 To be considered for selection as the Owner s Representative, an applicant must submit one original and five copies of the applicant s Proposal, along with an electronic copy on a standard jump drive, to Meredith Hauck, Assistant City Administrator at Merriam City Hall, 9001 W 62 nd Street, Merriam, KS by 12:00 noon CST September 15, Interested applicants may contact Assistant City Administrator Meredith Hauck regarding questions about the Proposal at the Merriam City Hall, 9001 W 62 nd Street, Merriam, Kansas by telephone (913) or by at mhauck@merriam.org. Ms. Hauck or her designee will also receive written requests for clarification concerning the meaning or interpretations of this Proposal, until seven (7) days prior to the submittal date. The City may record its responses to any inquiries and any supplemental instructions in the form of written addenda. The City may issue written addenda before the date fixed for receiving the Proposals. To be notified of any addenda, applicants should provide their name, address, telephone number, and address to Ms. Hauck. Failure to receive such addenda does not relieve an applicant from its obligation to submit a responsive Proposal. To avoid inconsistencies and confusion, all communication related to this Proposal process is requested to be directed to Ms. Hauck or her designee. Contact with other City personnel regarding the Proposal or this Proposal process may be grounds for elimination from the selection process. 1.3 A Proposal may be withdrawn prior to the submission deadline. After the submission deadline, all Proposals received shall remain valid and be binding upon the applicant if accepted by the City within sixty (60) calendar days after the submission date. The City is not responsible for any costs incurred in connection with preparation of any Proposal submittal. 1.4 The City reserves the right to accept or reject any and all Proposals and to waive any technicalities or irregularities therein. Further, the City reserves the right to negotiate any and all terms of the Proposals. All persons submitting a Proposal agree that rejection shall create no liability on the part of the City because of such rejection. 1.5 The City is a Kansas municipality governed by the Kansas Open Records Act (KORA), K.S.A et seq. By providing a Proposal, the applicant acknowledges that its Proposal, once opened, is presumed to be an open record under the KORA. If the applicant submits information that it believes to be subject to an exemption to disclosure under the KORA, the applicant must reference the particular exemption from mandatory disclosure outlined in the KORA. The words Confidential or Proprietary are not sufficient. The City cannot guarantee the confidentially of claimed material, 12

13 however. Applicants specifically waive any claims against City related to the disclosure of any material if made pursuant to a public records request. 2. Evaluation of Proposals 2.1 The City will evaluate Proposal submissions and will select the applicant that meets the best interests of the City. The City shall be the sole judge of its own best interests, the Proposals, and the resulting negotiated agreement. The decision of the City shall be final. 2.2 The City s evaluation criteria may include, but not be limited to: (a) overall responsiveness to the Proposal and quality of the Proposal in clearly stating an understanding of the work to be performed; (b) extent of applicable resources available to the applicant; (c) qualifications and experience of the applicant and the persons responsible for providing the services to the City; (d) technical ability of the applicant to perform the required services; (e) experience and reputation of the applicant as represented in the proposal and the quality of the references; and (d) the cost of the proposed services. Although a significant factor, fees and expenses may not be the dominant factor in the City s decision. 2.3 After evaluating the Proposals, the City may short list the submissions. In addition, the City may request additional information including participation in interviews with representatives of some or all of the applicant(s). City staff will then endeavor to negotiate a contract with the successful applicant. After completion of this process, a recommendation for selection will be made to the Governing Body. In the event a mutually agreeable contract cannot be negotiated, City staff will then enter into contract negotiations with the next highest rated applicant until a mutually agreeable contract can be negotiated, or alternatively, the City may reject all remaining submissions. 2.4 Preliminary Timeline for Selection of Owner s Representative: September 1, 2017 September 15, :00pm September 21, 2017 October 9, 2017 RFQ issue date RFQ response submission Evaluation and possible interview Anticipated contract award date 13

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