REQUEST FOR QUALIFICATIONS / REQUEST FOR PROPOSALS FOR ARCHITECTURAL SERVICES FOR THE HEALTH SERVICES FACILITY RELOCATION PROJECT

Transcription

1 REQUEST FOR QUALIFICATIONS / REQUEST FOR PROPOSALS FOR ARCHITECTURAL SERVICES FOR THE HEALTH SERVICES FACILITY RELOCATION PROJECT BAKERSFIELD, CALIFORNIA Issue Date: June 15, 2016 Proposal Due Date: July 15, 2016 No Later Than: 4:00 pm Kern Health Systems 9700 Stockdale Highway Bakersfield, CA Phone (661) , Fax (661) Prepared By Burke Williams & Sorensen, LLP 1901 Harrison Street, Ninth Floor Oakland, CA

2 TABLE OF CONTENTS SECTION 1 INTRODUCTION 1.1 Background 1.2 Brief Description of Health Services Facility Relocation Project 1.3 Inquiries and Request for Additional Information 1.4 Definitions of Terms 1.5 Schedule SECTION 2 SECTION 3 PROJECT AND SCOPE OF SERVICES PROFESSIONAL SERVICES AGREEMENT AND RELATED MATTERS 3.1 Professional Services Agreement 3.2 Kern Health s Right to Amend 3.3 Selected Respondent s Refusal to Execute SECTION 4 PROPOSAL PRE-SUBMITTAL INSTRUCTIONS 4.1 Distribution List 4.2 Deadline for Submittal of Written Questions 4.3 Addendum/Addenda to this RFP 4.4 Acknowledgment of Receipt of Addendum SECTION 5 PROPOSAL PREPARATION AND SUBMITTAL INSTRUCTIONS 5.1 Proposal Format Proposal Organization Title Page Proposal Authorization Transmittal Letter Table of Contents Executive Summary Pricing Proposal Architect Qualifications and Experience Architect Client References Sub-Consultants Prior Litigation / Claims Financial and Related Information Proposed Approach Performance Criteria Proposal Organization Checklist Discretionary Supplemental Materials Miscellaneous Procedures 5.2 Proposal Submittal Proposal Due Date Proposal Delivery Proposal Submission 5.3 Proposal Withdrawal 5.4 Irregular Proposals 5.5 Kern Health s Right to Reject or Terminate RFP 2

3 SECTION 6 PROPOSAL EVALUATION AND SELECTION PROCESS 6.1 Selection Committee 6.2 Evaluation Process 6.3 Interviews 6.4 Selection Process 6.5 Right to Protest 6.6 Post Approval Procedures SECTION 7 CONDITIONS GOVERNING THIS RFP 7.1 Disposition of Proposals and Proprietary Data 7.2 Insurance 7.3 Applicable Laws/Miscellaneous Attachments Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Project Description Draft Construction Budget Draft Project Schedule Form of Professional Services Agreement Appendix A: Terms and Conditions of Services Appendix B: Scope of Services Appendix C: Compensation Appendix D: Architect s Staffing Plan Appendix E: Insurance Requirements Appendix F: Architect Supplied Materials Appendix G: Project Program Materials Appendix H: Design Schedule Appendix I: Architect Supplied Materials Acceptance of Form of Professional Services Agreement Acknowledgement of Receipt of RFQ/RFP Form Proposal Organization Checklist Proposal Authorization Acknowledgment of Addendum 3

4 REQUEST FOR QUALIFICATIONS / REQUEST FOR PROPOSALS SECTION 1. INTRODUCTION 1.1 Background Kern Health Systems, a county health authority established pursuant to Welfare and Institutions Code Section , ( Kern Health or Owner ) is seeking a highly qualified Architectural Firm ( Architect ) to serve as Kern Health s Architect of Record for Kern Health Services Facility Relocation Project at the northeast corner of Buck Owens Boulevard and Sillect Avenue, Bakersfield, California (the Project ). Kern Health serves around 225,000 Medi-Cal participants in Kern County and employs over 300 individuals. It requires a new professional office building capable of housing roughly 360 to 450 staff, with room for expansion, and including separate restrooms on each floor, excellent flex and meeting space, conference rooms, and break rooms with kitchenettes. The building should be a Class A building with good natural light, high quality materials, elevator service, and variable sized rooms capable of accommodating various cubicle configurations. Pursuant to a Development Services Agreement fully executed on January 22, 2016 ( Development Agreement ) Kern Health has contracted with Gregory D. Bynum and Associates, Inc. ( Bynum ) for assistance in acquiring land and constructing on that land an appropriate health services facility. This Request for Qualifications/Request for Proposals ( RFQ ) is issued for the selection of an Architectural Firm in accordance with Government Code Section 4525 to prepare the preliminary plans and specifications for the construction of the Facility and, upon Kern Health approval, to prepare construction documents, as defined below. 1.2 Brief Description of Health Services Facility Relocation Project: On May 8, 2015 Kern Health issued a Request for Proposals for the purchase of a building requiring minimal improvements or for the purchase of vacant land for constructing a new building on. Two proposals were submitted and on September 17, 2015 the Kern Health Board of Directors ( Board ) approved Bynum s proposal to assist Kern Health in the Project. Kern Health Systems is under contract to purchase 5.82 net acres of unimproved real property, located at the northeast corner of Buck Owens Boulevard and Sillect Avenue, Bakersfield, California, for purposes of constructing the Project. The close of escrow for the purchase of the property is expected to occur on or before July 18, The Project will need to include a large lobby area with a secure reception space, and a ground-level conference room for Board Meetings. It must be able house over 360 staff, with room to grow to as many as 450 staff, and will need to include multiple flex spaces for various-sized departments, with about 60% being cubicle space. Each department space will need perimeter offices. The Project should include adequate men s, women s, and public restrooms, considering the male/female make-up of the KHS staff, as well as adequate break areas with kitchenettes and break rooms to accommodate 360 to 450 staff. There should be at least 4-6 conference rooms, an informational technology server room, and a computer training room. It should be pre-wired for phone connectivity and commercial-level, high-speed internet. There needs to be a secure parking lot, with spaces for 360 to 450 staff and members. 1.3 Inquiries and Request for Additional Information All written inquiries and requests for additional information pertaining to this RFQ/RFP, any Addendum, or any matter relating to Architect selection process, must, unless otherwise identified in an Addendum, be directed to the following designated Owner: 4

5 Kern Health Systems 9700 Stockdale Hwy Bakersfield, California Attn: Purchasing Department Telephone: (661) Facsimile: (661) A complete RFQ/RFP package may be obtained from the Owner by fax or Definitions of Terms This section contains definitions that are used throughout this RFQ/RFP, including appropriate abbreviations as indicated. Addendum/Addenda is any and all amendments to this RFQ/RFP and any and all responses to written questions regarding this RFQ/RFP issued by Kern Health in a written format and incorporated by reference into this RFQ/RFP. Architect is an individual, firm, partnership, corporation, consortium, joint venture, or other entity that is a potential Respondent to this RFQ/RFP. Architectural Services are the services to be provided by the Architect, as further detailed in section 2. Board is Kern Health s Board of Directors. County is the County of Kern. County Board is the County of Kern s Board of Supervisors. Distribution List is the list of interested parties to be used for the distribution of any and all Addenda prepared by Kern Health. Kern Health is Kern Health Systems, a county health authority established pursuant to Welfare and Institutions Code Section Owner s Consultant is Gregory D. Bynum and Associates, Inc., or any other consultant identified by Owner in writing. Owner may, in its sole discretion, transfer any Owner Consultant right or responsibility to Owner, any other Owner consultant, or anyone else, in its sole discretion. Professional Services Agreement or PSA is the Professional Services Agreement, including Appendices, initially in form attached hereto as Exhibit D, to be executed by Kern Health and the Selected Architect. Project Manager is any person authorized by Kern Health to manage or administer the RFQ/RFP process and to whom all communications, both written and oral, shall be directed during the RFQ/RFP issuance, evaluation and selection process. Project is the Kern Health Services Facility project, more particularly described in Section 1.2 above. Qualification is a written response to this RFQ/RFP, including all exhibits, supplementary materials, and attachments thereto, pursuant to the requirements set forth in this RFQ/RFP. Request for Qualifications/Proposals or RFQ/RFP is any and all documents comprising this RFQ/RFP package, including those documents and attachments hereto and any and all 5

6 Addendum/Addenda which Kern Health may issue. Respondent is an individual, firm, partnership, corporation, consortium, joint venture, or other entity that chooses to submit a Proposal in response to this RFQ/RFP. Selected Architect is a Respondent selected and approved by the Board to execute the Professional Services Agreements. Services are the work, services, equipment and materials to be furnished by the Selected Architect under the Professional Services Agreement. 1.5 Schedule Kern Health anticipates following the following schedule for certain activities in relation to this RFQ/RFP. Action Responsibility Date Issuance of RFQ / RFP Kern Health June 15, 2016 Submittal of Written Questions Potential Respondents June 22, 2016 Deadline Addendum response to Distribution Kern Health June 29, 2016 List/RFQ amendments Proposals Due Potential Respondents July 15, 2016 COB 4:00 pm Interviews Kern Health July 25-29, 2016 Respondent recommendation Kern Health August 11, 2016 Kern Health reserves the right to modify this schedule at any time at its sole discretion. 2. PROJECT AND SCOPE OF SERVICES The Project will be located on a 5.82 acre parcel at the northeast corner of Buck Owens Boulevard and Sillect Avenue in Bakersfield, California, on property owned by Kern Health. Kern Health will finance the Project through its internal funds. 2.1 The Project Description is contained in Exhibit A. Payment Terms for the Selected Architect are contained in Exhibit B. The Draft Project Schedule is contained in Exhibit C. The Draft Project Professional Services Agreement is contained in Exhibit D. 2.2 If Kern Health exercises its option to enter into a contract agreement with the Selected Architect for Architectural services, the successful Selected Architect will be expected to perform architectural functions including, but not limited to: EXISTING CONDITIONS VERIFICATION AND REVIEW. Selected Architect shall review existing data and engage in independent investigation PROGRAMMING AND BLOCK DIAGRAMMING. Selected Architect shall provide black diagrams, phasing recommendations, and cost estimates SCHEMATICS. Selected Architect shall create schematic design documents; the design concept shall be approved by Kern Health. 6

7 2.5.4 DESIGN DEVELOPMENT. Selected Architect shall prepare final design criteria and design development documents as well as a cost estimate CONSTRUCTION DOCUMENTS. Selected Architect shall prepare final plans and specifications, including final technical specifications, for incorporation in the construction documents. It shall also provide phasing recommendations and estimated construction costs. Owner shall have review of the plans and specifications BIDDING AND PROCUREMENT. Selected Architect shall assist Kern Health in the awarding of the construction contract CONSTRUCTION PHASE. Selected Architect shall work with Kern Health and construction contractor to help protect Kern Health from defects and deficiencies in the construction of the Project. Such work may include, without limitation, site visits, addenda and change order preparation, review of construction contractor plans, and the issuance of interpretation CLOSE-OUT PHASE. As requested by Owner, Selected Architect shall assist with the completion of the Project, such as punchlist work, correction to systems, review of O&M manuals, and site visits ADDITIONAL SERVICES. Selected Architect may be requested to perform Additional Services, as defined in Exhibit D Professional Services Agreement, and shall be compensated for such services. Selected Architect shall serve as the Architect of Record and perform such other services customarily provided by similar architects on similar projects which Kern Health may, in its sole discretion, request. SECTION 3. PROFESSIONAL SERVICES AGREEMENT AND RELATED MATTERS This RFQ/RFP and attached form of Professional Services Agreement define Kern Health s basic requirements and serve as the basis for submittal of all proposals in response to this RFQ/RFP. 3.1 Professional Services Agreement Kern Health will expect the Selected Architect to execute the attached form of Professional Services Agreement with only such changes as Kern Health may approve in its sole discretion. Respondents are expected to indicate any objections or requested changes to the form in their proposals. Each Respondent shall sign the Acceptance of Form of Professional Services Agreement ( Acceptance ) in the form attached hereto as Exhibit E, with the fixed price otherwise indicated in the Respondent s Proposal. Any requested modifications to the form of Professional Services Agreement must be indicated by checking the appropriate box in Exhibit E and attaching the addendum referenced therein clearly identifying Respondent s proposed modifications. Respondents proposed modifications to the form of Professional Services Agreement must be made in a Strikeout or Underline format. 3.2 Kern Health s Right to Amend Kern Health reserves the right to make such modifications or additions to the form of Professional Services Agreement attached as Exhibit D to this RFQ/RFP, as Kern Health may elect in its sole discretion prior to June 29, 2016, and thereafter as otherwise permitted by the Professional Services Agreement. Otherwise, Kern Health reserves the right to make modifications or additions with the mutual consent of the Selected Respondent. 7

8 3.3 Selected Architect s Refusal to Execute If the Selected Architect refuses to execute the form of Professional Services Agreement in substantially the form attached as Exhibit D to this RFQ/RFP, as modified by its Proposal, Kern Health may begin negotiations with the Respondent whose Proposal is determined to be the best alternative Proposal, determine that no such alternative exists, or exercise any other available right. SECTION 4. PROPOSAL PRE-SUBMITTAL INSTRUCTIONS To submit questions and receive answers to questions in a timely manner and to be placed on the Distribution List for any and all Addendum/Addenda issued by Kern Health, potential Respondents must follow guidelines specified in this section. Only information supplied by Kern Health in writing through this RFQ/RFP and Addendum/Addenda, if any, may be used as the basis for preparation of Respondents Proposals. The standard format for submission of Proposals to be used by Respondents is described in Section Distribution List Potential respondents should hand deliver or return mail or other courier service Acknowledgment of Receipt of RFQ/RFP Form ( Acknowledgment of RFQ/RFP ) attached as Exhibit F to this RFQ/RFP to have their names placed on the Distribution List for this RFQ/RFP, which will be used for the distribution of any and all Addendum/Addenda issued by Kern Health. Potential respondents are therefore encouraged to return the Acknowledgment of RFQ/RFP as soon as possible. The Acknowledgment of RFQ/RFP must be signed and returned to the Director of Procurement no later than June 24, Failure to return this form shall constitute a presumption of receipt and election to not respond to this RFQ/RFP, and the party s name will not appear on the Distribution List. 4.2 Deadline for Submittal of Written Questions Potential Respondents may submit only written inquiries or requests regarding the intent and clarity of this RFQ/RFP. Written questions should be submitted by fax or . The identity of the person/organization submitting the questions will not be revealed by Kern Health. 4.3 Addendum/Addenda to this RFQ/RFP Kern Health reserves the right to interpret or change any provisions of this RFQ/RFP at any time prior to June 29, Such amendments, if any, shall be issued as written Addendum/Addenda to this RFQ/RFP. Additionally, Kern Health may prepare answers, in the form of an Addendum to this RFQ/RFP, to questions addressed by Kern Health and as Kern Health otherwise deems appropriate. Written responses, in the form of an Addendum and amendments, if any, to this RFQ/RFP will be sent via facsimile and U.S. mail no later than June 29, 2016 to all parties who register and whose names are on the Distribution List. Any Addendum issued by Kern Health may also be obtained in person from the office of the Project Manager. 4.4 Acknowledgment of Receipt of Addendum Each Respondent is responsible to inquire as to the Addendum/Addenda issued by Kern Health. All Addenda shall become part of this RFQ/RFP, and all Respondents shall be bound by such Addenda, whether or not received by Respondent. Each Respondent must sign any Acknowledgment of Addendum Form ( Acknowledgment ) included as an attachment to any Addendum, and return the Acknowledgment with their Proposal Form. Failure to return the Acknowledgment shall constitute a presumption of withdrawal from the qualification process and the potential Respondent s name shall be removed from the Distribution List. 8

9 SECTION 5. PROPOSAL PREPARATION AND SUBMITTAL INSTRUCTIONS This RFQ/RFP and attached form of Professional Services Agreement define Kern Health s basic requirements and serve as the basis for submittal of all proposals in response to this RFQ/RFP. Respondents must submit five (5) identical numbered copies of each Proposal, including all attachments (except that there need be only 1 copy of the financial statements), each with original signatures, in a sealed envelope marked Proposal for Kern Health Facility Project. 5.1 Proposal Format The Proposal shall be clear and concise to enable Kern Health to make a thorough evaluation as to whether the Proposal meets Kern Health s requirements. Proposals must include a detailed Table of Contents that is consistent with Section of this RFQ/RFP. All forms attached to and supplementary materials requested in the Exhibits to this RFQ/RFP must be thoroughly completed, clearly labeled, and included in the appropriate section of the Proposal, pursuant to Section Each Respondent may only submit one Proposal in response to this RFQ/RFP Proposal Organization Each Proposal must be organized and indexed in the following format and must contain, at a minimum, all listed items in the sequence indicated. Any Proposal that does not conform to these minimum requirements may be deemed non-responsive and rejected on that basis, in Kern Health s sole discretion. [Note any changes to this list require conforming changes throughout this RFQ/RFP, including Exhibit G, Proposal Organization Checklist] Section 1: Proposal Summary Title Page Proposal Organization Checklist Transmittal Letter Executive Summary Architect Qualifications and Experience Architect Client References Proposal Section 2: Financial Information Financial Statements Claims and litigation history Letter from insurance broker Section 3: Response Forms Proposal Authorization Acknowledgment of Addendum Form(s) Acceptance of Form of Professional Services Agreement, including any proposed modifications Section 4: Discretionary Supplemental Materials Explanation of relevancy of discretional supplementary materials Any desired materials 9

10 5.1.2 Title Page In a one-page cover, identify the Project and Services, the date of Proposal submittal, the name of the Architect and its principal place of business, and the name, title, telephone and facsimile numbers and e- mail address of the person to be contacted for clarification Proposal Authorization Prepare and sign the Proposal Authorization in form attached to this RFQ/RFP as Exhibit H ( Authorization ). Signature of the Authorization shall constitute acceptance of the Conditions Governing this RFQ/RFP pursuant to Section Transmittal Letter Include a Transmittal Letter clearly stating the Respondent s intent to enter into a Professional Services Agreement with Kern Health for the Services as defined in this RFQ/RFP and any and all Addendum/Addenda hereto. The Transmittal Letter must, as a minimum: Identify the date of the Proposal. Identify the Architect by proposed organizational team members and/or individuals, and the legal structure of each, and the principals of each firm/organization. Include, as a minimum, the following: architect, engineer, consultants. Identify the name, title, telephone and facsimile numbers and address of the person authorized to negotiate for and contractually obligate the Architect pursuant to all terms and conditions stated in the Proposal. Identify the name, title, telephone and facsimile numbers and address of the person to be contacted for clarification, if different from above. Indicate that it is being signed by the person(s) authorized to obligate the Architect contractually Table of Contents Each Proposal must provide in Section 1 a detailed Table of Contents for the entire Proposal submittal package Executive Summary The Executive Summary provides an overview of Respondent s Proposal. The Executive Summary should identify, at a minimum, the proposed fixed price, a summary of Respondent s explanation of why Respondent believes Respondent s firm is most qualified to be selected for this Project, and anything else Respondent deems particularly important Pricing Proposal This RFQ/RFP requests that the Respondents provide a not-to-exceed price for all work. Pricing Proposals shall comply with the following requirements: REIMBURSEABLE EXPENSES. All Reimbursable expenses must be included in the not-to-exceed proposed price ADDITIONAL SERVICES. Billing rates for additional services. 10

11 OVERTIME. Overtime must be included in the not-to-exceed proposed price TRAVEL. Travel time must be included in the not-to-exceed proposed price SIGNATURE. The handwritten signature of the Respondent PRICING PROPOSAL Architect Qualifications and Experience Kern Health is seeking an Architect with a team composed of experienced and highly regarded professionals who have demonstrated a capacity to perform services similar to the Services on a costeffective basis. The team should include, as a minimum, a California licensed architect and other specialized consultants as needed to augment the team s capacity to address professionally Kern Health s needs for the Project. Respondents must propose staff who will perform day-to-day Project Services, not senior personnel who have other, substantial responsibilities. Respondent shall provide a detailed resume for each of the key staff who will be responsible for each of the various components of the scope of services for this Project. The resumes shall include the individual s name, address, telephone, facsimile, their professional qualifications, and number of years in business as well as previous firm names during the past ten years, and education, years of relevant experience, professional registrations including evidence of valid applicable licensure, and at least three examples of services within the past three years pertinent to determining qualifications for the Architect. Each Respondent shall include a statement identifying the proposed Architect firm, its legal structure (i.e. corporation, partnership, limited partnership, or joint venture), and its managerial personnel. If the proposed Architect is a partnership, limited partnership, or other association, the Respondent must provide a listing of all of the partners, general partners, or association members known at the time of Proposal submission who will participate in the Services. Respondent shall identify the most recent experience for the various team members with emphasis on team collective experience. The Proposal should focus on primary and related experience including, but not limited to, the following: The Proposal must describe the relevance and importance of each project in relation to the Services, disciplines, and team members key individuals available for this Project. Respondent shall describe how this experience qualifies these parties to accomplish their proposed roles in the Project. For each employee included in one of the three discipline categories, provide the following: the employee s name, state of residence, and if the employee is a California licensed Architect, their discipline and license number. Resumes with this information are sufficient. Substitution of personnel named in the Proposal during the Proposal process or during performance of the Services shall require Kern Health s written approval. Respondents and Architects shall submit a written request for the substitution, including the reason for the requested substitution and a detailed resume for the new proposed person demonstrating that he or she meets the minimum requirements for the position. The substituted personnel must, in Kern Health s opinion, meet the minimum qualifications for the position being filled. Failure to obtain Kern Health s approval of substituted personnel within 15 days of the effective date of the substitution will result in financial penalties to be specified in the Professional Services Agreement Architect Client References Provide references for three recent projects in which Architect performed services similar to the Services for the proposed Project. List projects which have been completed, or as a minimum, are substantially completed. For each project, (a) provide a description of project and services performed, to support the claim it is similar to the proposed Project; (b) provide a client/owner contact person, title, address and telephone number; and (c) identify key staff on the project, including architect and other key personnel. 11

12 Sub-Consultants Provide information on sub-consultants, including a description of the services to be performed by each sub-consultant Prior Litigation / Claims Provide a description of any litigation or claims against your firm in the past five years or filed by your firm in the past five years. If the litigation or claim has been resolved, describe the resolution Financial and Related Information Respondent is required to demonstrate that it is financially qualified to undertake the Services defined by this RFQ/RFP. To be considered qualified, Kern Health may request from Respondent and any team member of any proposed consortium or joint venture, audited and/or reviewed financial statements for the most recently completed three fiscal years. Respondent must also provide a list of all claims and litigation, including threatened, if any, within the past five years, on any projects for which Architect or any team member failed to complete any work awarded, with explanation of circumstances. Respondents must also provide a letter from its insurance broker attesting to the willingness to provide the required insurance coverages described in the Professional Services Agreement Proposed Approach Provide a description of your technical approach to providing services to Kern Health for this Project Performance Criteria Describe how your team is organized to provide the services to perform this Project. Describe the major strengths of your team. Describe the major difficulties that you might expect to encounter in designing this Project to ensure that Kern Health receives high quality design and construction. Describe the methods you would use to overcome these difficulties. Describe your firm s ability to perform the work within the schedule outlined herein. Describe your firm s claims experience Proposal Organization Checklist Complete the Proposal Organization Checklist attached as Exhibit G to this RFQ/RFP to help ensure that all of the requested information is included in the prescribed format Discretionary Supplemental Materials Respondent may include in its Proposal submittal, on a discretionary basis, other materials that it believes may improve the quality of its Proposal. Respondent must include an explanation of the relevancy of the other materials to the Proposal. Corporate brochures may be provided as a separate submittal. 12

13 Miscellaneous Procedures Each copy of the transmittal letter and Acceptance must contain an original signature. Proposals submitted by partnerships must be signed with the partnership name, followed by the signature and designation of the partner signing. Proposals submitted by corporations must be signed with the legal name of the corporation followed by the name of the state of incorporation. Two signatures are required for corporations, as follows: the signature of the president, the chair of the board or any vice president AND the signature of the secretary, any assistant secretary, the chief financial officer or any assistant treasurer of the corporation. The name of each signatory must be typed below the signature names. Kern Health may interview any or all of the client references provided by Respondent. Submittal of a Proposal constitutes Respondent s consent for Kern Health to conduct reference checks and reasonable investigation of all information provided by Respondent. All Proposals and accompanying documentation submitted by Respondents become the property of Kern Health and, except as otherwise provided in this RFQ/RFP, will not be returned. 5.2 Proposal Submittal Proposal Due Date Respondents must submit five (5) identical numbered copies of each Proposal, including all attachments (except that there need be only 1 copy of the financial statements), each with original signatures, in a sealed envelope marked Proposal for Kern Health Facility Project. Sealed Proposals will be received at the Purchasing Department until the hour of 4:00 p.m. [as determined by the clock on the wall at KHS reception], on July 15, Proposal Delivery All Proposals must be submitted on 8½ x 11 paper in vertically bound form, either loose-leaf, spiral, or comb-bound, with tabbed section headings clearly labeled in the format described in this RFQ/RFP. Larger paper, 11 x 17 preferred, is permissible only for plans, charts, spreadsheets and other exhibits. Proposals shall be submitted by hand delivery, U.S. Mail or other courier service. Proposals sent by U.S. Mail that do not arrive to the Purchasing Department by the time specified in Section will be considered late, even if they were received by the Purchasing Department mail distribution center on time. Facsimile transmissions will not be accepted. The Director of Procurement or its delegate will be responsible for determination if a Proposal is received on time. That decision will be final and no further consideration of late Proposals will be given. Any late Proposals will be returned unopened to the Respondent only upon request. Respondent may also provide an electronic response via in addition to the written Proposal submittal. The written Proposal shall be considered the legal response. Kern Health may consider but is not obligated to provide an electronic copy version of this RFQ/RFP. Proposals may not be amended after submission Proposal Submission It is the sole responsibility of Respondent to see that its Proposal is received in proper time Respondent shall carefully examine the instructions contained herein and satisfy itself as to the conditions with which it must comply prior to submitting its Proposal, and to the conditions affecting the award of contract If more than one Proposal is offered by any individual, firm, partnership, 13

14 5.3 Proposal Withdrawal corporation, association, or any combination thereof, under the same or different names, all such Proposals may be rejected All Respondents are hereby notified that any collusive agreement fixing prices so as to control or affects the awarding of this contract is in violation of the competitive bid requirements of State law and may render void any contract let under such circumstances Proposed prices shall be in effect for one hundred twenty (120) days from the date of submission. Any Respondent to this RFQ/RFP may withdraw a Proposal by written notice delivered to the Project Manager prior to the due date and time specified in Section for receipt of Proposals. 5.4 Irregular Proposals A Proposal may be rejected if it shows any alteration of form, additions not called for, conditional Proposals, incomplete Proposals, erasures, or irregularities of any kind. If the Proposal amount is changed after the amount is originally inserted, the change should be initialed. 5.5 Kern Health s Right To Reject or Terminate RFQ/RFP Kern Health expressly reserves the right to further consider, accept or reject any or all Proposals submitted in response to this RFQ/RFP; to request additional information or clarification of information submitted; to cancel or modify, in part or in its entirety, this RFQ/RFP, or to request new Proposals or pursue any other means for obtaining the services contemplated by this RFQ/RFP and/or the Professional Services Agreement. SECTION 6. PROPOSAL EVALUATION AND SELECTION PROCESS 6.1 Selection Committee Kern Health will appoint a Selection Committee to review and evaluate all Proposals; contact Respondents as required; request a Respondent to modify its proposed modifications to the Professional Services Agreement; and make recommendations regarding the selection of a Selected Respondent. The Selection Committee may consist of Kern Health and Bynum staff, Board members, and others designated by Kern Health. Kern Health reserves the right, in its sole discretion, to waive minor irregularities, and to waive mandatory requirements provided that all of the otherwise responsive Proposals fail to meet the same mandatory requirements and the failure to do so does not otherwise materially affect this RFQ/RFP and selection process. Kern Health reserves the right to modify or suspend any and all aspects of the selection process indicated in this RFQ/RFP, to waive any defects as to form or content of this RFQ/RFP, or to reject any or all Proposals. 6.2 Evaluation Process Proposals will be evaluated on a comparative, competitive, qualification basis, based upon the RFQ/RFP s submittal requirements, including the experience, organization and qualifications of the firm and individuals proposed, and the offered price. Specific evaluation criteria will include: 14

15 The ability, capacity, and skill of the Respondent to perform the contract and effectuate the work; The type of work needed by Kern Health in light of the nature of the project and budgetary issues; The years of California experience of the Respondent; Respondent s experience with LEED projects and commissioning; Respondent s experience with Title 24 regulations, and the American s with Disabilities Act; The years the Respondent team has previously worked together; The ability of the Respondent to effectuate the work within the time specified, without delay; The character, integrity, reputation, judgment, experience, and efficiency of the Respondent; Respondent s claims / litigation experience; Whether the Respondent has satisfactorily performed similar work on similar projects; Any other factor deemed to be relevant, in Kern Health s sole discretion. During the evaluation process the Selection Committee may conduct independent research, request additional relevant information specific to the evaluation process, and seek assistance from reliable sources to clarify, explain, or otherwise participate in the evaluation process without issuing an Addendum. Proposals will not be ranked based solely on cost. The Selection Committee shall make its decision based on committee members analysis and assessment of each Proposal s positive, neutral, and negative attributes. Kern Health reserves the right to conduct its own due diligence of the Respondents prior to selection of a Selected Respondent 6.3 Interviews Kern Health, in its sole discretion, may prepare a short list of Respondents for interviews. Respondents who are invited to attend an interview will be notified in writing. Only the actual personnel who will be responsible for the work should come to the interview. If requested by Kern Health, qualified Respondents may be required to present their Proposals to the Selection Committee and submit to oral questions. The Director of Procurement will schedule the interviews in the month of July, 2016, or at such other time and/or location indicated by Kern Health Systems. Each Respondent should prepare a presentation not to exceed 45 minutes. Each Respondent is responsible for any special equipment required for the presentation. The total time allowed for each Proposal interview shall be 45 minutes, including set-up and questions and answers. The interviews shall be solely for the benefit of Kern Health and shall not be open to the public or to other Respondents. 15

16 Kern Health reserves the right to visit any Respondent at their place of work and/or at projects the Respondent has completed. 6.4 Selection Process Based on the results of the evaluation process, Kern Health staff will recommend a Respondent to the Board. Kern Health staff will identify the Selected Respondent to be recommended to the Board, and will use reasonable efforts to deliver a copy to each Respondent who submitted Proposals no later than the business day after posting, although any delay or failure to do so will not extend the Proposal protest period described below. The Board, in its sole discretion, may either approve, reject, or approve or reject with conditions, the Selection Committee s recommendations. Kern Health reserves the right to modify the Proposal criteria outlined in this RFQ/RFP. Respondents to this RFQ/RFP are instructed not to contact elected officials, Kern Health staff or members of the Selection Committee regarding the selection process. Efforts to lobby or influence individuals involved in this selection process may, at Kern Health s sole discretion, result in dismissal from further consideration. 6.5 Right to Protest Respondents that Kern Health otherwise determines are responsive and responsible have the right to protest a Proposal; protests from any other Respondent will not be considered. Any protest to this RFQ/RFP process or selection of the Selected Respondent must be delivered to the Kern Health System s Director of Procurement and Facilities office by 4:00 pm of the 7 th calendar day following Kern Health staff s identification of the Selected Respondent to be recommended to the Board, and satisfy the following requirements: a. The initial protest must contain a complete statement of the basis for the protest. b. The protest must refer to the specific portion of the document that forms the basis for the protest. c. The protest must include the name, address, and telephone number of the person representing the protesting party. d. The party filing the protest must concurrently transmit a copy of the initial protest document and any attached documentation to all other parties with a direct financial interest that may be adversely affected by the outcome of the protest. Such parties shall include all other Respondents who appear to have a reasonable prospect of receiving an award depending upon the outcome of the protest. e. The procedure and time limits set forth in this paragraph are mandatory and are a Respondent s sole and exclusive remedy in the event of a Proposal protest. Respondent s failure to comply with these procedures shall constitute a waiver of any right to further purse the Proposal protest, including filing a Government Code Claim or legal proceedings. A Respondent may not rely on a protest submitted by another Respondent, but must timely pursue its own protest. 6.6 Post Approval Procedures The Professional Services Agreement will be finalized promptly following Board approval of a final Selected Architect. In the event that the approved Selected Architect fails or refuses to sign a Professional Services Agreement acceptable to Kern Health, Kern Health reserves the right to finalize a Professional Services Agreement with another qualified Respondent without undertaking a new RFQ/RFP process, or exercise any other available right. The time for awarding the contract may be extended by Kern Health. 16

17 SECTION 7. CONDITIONS GOVERNING THIS RFQ/RFP 7.1 Disposition of Proposals and Proprietary Data All materials submitted in response to this RFP become the property of Kern Health Systems. Any and all proposals received by the KHS shall be subject to public disclosure and inspection, except to the extent the proposer designates trade secrets or other proprietary data to be confidential, after the Evaluation Committee has completed its deliberative process and either the proposer has been informed that they are not the vendor selected by the Evaluation Committee for recommendation to the Board of Directors, or the matter has been set for consideration before the Board of Directors, whichever comes first. Material designated as proprietary or confidential shall accompany the proposal and each page shall be clearly marked and readily separable from the proposal in order to facilitate public inspection of the non-confidential portion of the proposal. Prices, makes and models or catalog numbers of the items offered, deliverables, and terms of payment shall be publicly available regardless of any designation to the contrary. KHS will endeavor to restrict distribution of material designated as confidential or proprietary to only those individuals involved in the review and analysis of the proposals. Proposers are cautioned that materials designated as confidential may nevertheless be subject to disclosure. Proposers are advised that KHS does not wish to receive confidential or proprietary information and that proposers are not to supply such information except when it is absolutely necessary. If any information or materials in any proposal submitted is labeled confidential or proprietary, the proposal shall include the following clause: (legal name of proposer) shall indemnify, defend and hold harmless Kern Health Systems, its officers, agents and employees from and against any request, action or proceeding of any nature and any damages or liability of any nature, specifically including attorneys' fees awarded under the California Public Records Act (Government Code 6250 et seq.) arising out of, concerning or in any way involving any materials or information in this proposal that (legal name of proposer) has labeled as confidential, proprietary or otherwise not subject to disclosure as a public record. 7.2 Insurance for Project Insurance coverage shall be at least as broad as: General Liability: FIVE MILLION DOLLARS ($5,000,000.00) combined single limit per occurrence for bodily injury, personal injury, and property damage Auto Liability: Owned/Non-owned automobile liability insurance providing combined single limits covering bodily injury liability with limits of no less than ONE MILLION DOLLARS ($1,000,000.00) per accident and providing property damage liability of no less the ONE MILLION DOLLARS ($1,000,000.00) per accident Workers Compensation Insurance: Workers Compensation Insurance as required by the Labor Code of the State of California Professional Liability Insurance: Professional Liability Insurance with a minimum limit of $5,000, per claim and in the aggregate Additional Insured Endorsements: The Architect shall name Kern Health and Gregory D. Bynum and Associates, and its officers, directors, agents and employees as additional insureds on their commercial general liability and automobile insurance policies. 17

18 7.3 Applicable Laws/Miscellaneous Respondents are required to sign and submit the Authorization, stating their agreement to comply with the following terms and conditions of this RFQ/RFP: a. The Selected Architect, its employees, agents, contractors, and subcontractors shall maintain professional licenses required by the laws of the State of California at all times while performing Services for the Project. b. The Selected Architect shall comply with the laws of the State of California requiring employers to insure against liability for Worker s Compensation while performing Services for this Project. c. All Architect Services shall comply with all statutes, ordinances, regulations, codes, and requirements of all governmental entities, including federal, state, county, and municipal entities, relating to the Project. d. This RFQ/RFP and any resultant Professional Services Agreement shall be governed by the laws of the State of California. The parties agree to the jurisdiction and venue of the appropriate courts in County of Kern and the State of California. e. All data and information provided by Kern Health or referred to in this RFQ/RFP is furnished for the convenience of interested parties in preparing a Proposal. The Respondent shall defend, indemnify and hold harmless Kern Health from any and all liability, claims, or expenses whatsoever, incurred by, or on behalf of, the Respondent s response to this RFQ/RFP. Kern Health expressly disclaims any and all liability for representation or warranties, express or implied, contained in the RFQ/RFP or any other written or oral communication transmitted or made available to interested parties, including any errors of omission. 18

19 LIST OF EXHIBITS Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Exhibit G Exhibit H Exhibit I Project Description Draft Budget Draft Project Schedule Form of Professional Services Agreement Acceptance of Form of Professional Services Agreement Acknowledgement of Receipt of RFQ/RFP Form Proposal Organization Checklist Proposal Authorization AcknowledgementofAddendum 19

20 EXHIBIT A PROJECT DESCRIPTION Kern Health serves around 225,000 Medi-Cal participants in Kern County and employs over 300 individuals. It requires a new professional office building and, despite its best efforts, was unable to acquire a suitable existing building requiring minimal improvements. Therefore it issued a Request for Proposals for development services and on September 17, 2015 the Board selected Bynum to provide various services, including identifying and recommending suitable land for purchase and construction services related to building a professional building upon that purchased land. Now, in accordance with Government Code Section 4525, Kern Health seeks plans and specifications for the construction of the Facility and, upon Kern Health approval of those plans and specifications, 100% complete construction documents. The professional building will need to include a large lobby area with a secure reception space, and a ground-level conference room for Board Meetings. It must be able house 360 to 450 staff, with room to grow, and will need to include multiple flex spaces for various-sized department, with about 60% being cubicle space. Each department space will need perimeter offices. The Project should include adequate men s, women s, and public restrooms, considering the male/female make-up of the KHS staff, as well as 6 break areas with kitchenettes and break rooms to accommodate 360 to 450 staff. There should be at least 4-6 conference rooms, an informational technology server room, and a computer training room. It should be pre-wired for phone connectivity and commercial-level, high-speed internet. There needs to be a secure parking lot, with spaces for 360 to 450 staff and members. 20

21 EXHIBIT B DRAFT BUDGET [To Be Inserted] 21

22 EXHIBIT C MILESTONE SCHEDULE This is an Exhibit attached to, and made a part of and incorporated by reference with the Agreement dated, 2016 between Kern Health and [insert Architect name here] ( Architect ) providing for professional services. 22

23 EXHIBIT D FORM OF PROFESSIONAL SERVICES AGREEMENT PROFESSIONAL SERVICES AGREEMENT BETWEEN KERN COUNTY HEALTH SYSTEM AND [ARCHITECT] FOR THE KERN HEALTH SERVICES FACILITY RELOCATION PROJECT This Professional Services Agreement (the Agreement ) is dated, 2016 and is by and between the Kern Health System, a county health authority established pursuant to Welfare and Institutions Code Section ( Kern Health or Owner ), and, a Corporation, licensed to do business in California ( Architect ) relating to Architectural Design Services for the Kern Health Services Facility Relocation Project ( Project ). RECITALS A. WHEREAS, Kern Health wishes to retain Architect to provide architectural, engineering and related services for its Project; B. WHEREAS, Architect was selected by means of Kern Health s Architect selection process, and represents that it is qualified to provide the services required by Kern Health as set forth in this Agreement; C. WHEREAS, Kern Health s rules and regulations authorize Kern Health to enter into agreements for expert professional temporary services; and D. WHEREAS, the services proposed in this Agreement are professional and temporary in nature. NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, stipulated and agreed, the parties agree as follows: ARTICLE 1 SCOPE OF AGREEMENT AGREEMENT 1.01 This Agreement sets forth the terms and conditions under which Architect will furnish professional services to Owner for the Project defined herein This Agreement consists of this Agreement Form and the following Appendices, referred to throughout this Agreement and incorporated herein by this reference: A. Appendix A: Terms and Conditions of the Services, which defines the terms and conditions that apply to the Services under this Agreement ( Terms and Conditions ). 23