REQUEST FOR QUALIFICATIONS FOR DESIGN PROFESSIONAL

RFQ Owners Rep ServicesRFQ No. 2021-03-17: FRANKLIN COUNTY MENTAL HEALTH AND ADDICTION CRISIS CENTER
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THE FRANKLIN COUNTY MENTAL HEALTH AND ADDICTION CRISIS CENTER
The Board of County Commissioners, Franklin County, Ohio (the “Owner”), in cooperation with the Alcohol, Drug and Mental Health Board of Franklin County (ADAMH), requests submittals from interested parties (“the Consultant”) with proven experience to provide Design Professional Services associated with the planning, design, and new construction of the Franklin County Mental Health And Addiction Crisis Center (“Crisis Center”)to be operated by ADAMH.
The terms “Consultant” and “Design Professional” are used interchangeably throughout this RFQ.
1. Description of Project
The Owner, in cooperation with ADAMH, is interested in advancing the planning, design and construction of the new Crisis Center to be operated by ADAMH.
ADAMH partnered with community stakeholders who developed recommendations intended to enhance the continuum of crisis care for adults in Franklin County. The cornerstone of this continuum has been identified as a new crisis stabilization center to serve as the central and preferred destination for adults in Franklin County with mental health and addiction crisis needs. The center shall offer a no wrong door philosophy to ensure anyone who arrives at the center receives services. This new resource is intended to benefit everyone from individuals in crisis and their families to the overcrowded hospitals and first responders currently stretched to their limits. The development of initial recommendations for the enhancements to Franklin County’s continuum of crisis care, including recommendations for programming at the new Crisis Center, was led by a community steering committee co-chaired by ADAMH. The steering committee formed multiple strategic workgroups which were seated with representative voices from across the community including various community providers, hospitals, first responders, advocacy organizations, and individuals and families with lived experiences in local systems of care. The work to develop recommendations for ADAMH to consider was driven by a shared vision of quality crisis care. Specifically with respect to the new Crisis Center, the steering committee and ADAMH assured planning efforts focused on a safe and secure center with the capacity to serve anyone at any time; programming with a full array of services to support individuals with both mental health and substance use disorders as well as a range of co-existing medical issues; integrating peer support into all levels of care; and programming to facilitate ‘warm handoffs’ to appropriate community-based care before individuals are discharged. Materials from the steering committee and its various strategic workgroups are available on the Franklin County Mental Health and Addiction Crisis Center Steering Committee website: https://www.fcmhacc.com/.
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Estimated Size and Cost: Based upon the early steering committee projected volumes and intended service offerings, the new Crisis Center is estimated to be approximately 72,000 square feet and an estimated $50 million project cost. The project cost is inclusive of construction costs, design and construction management services, equipment and furniture, technology needs, and contingency costs.
The estimated size of the facility anticipates meeting, but not being limited to, the following minimum required components of on-site service delivery: Component Definition
Intake/Triage Brief lobby assessment by team of trained professionals to determine needed level of care, with an emphasis on respect and engagement. Brief medical screen to assess need. Information gathering from first responder transporter when applicable.
24/7 Clinic Brief crisis services for individuals who do not need a higher level of care. Peer support, crisis intervention/counselling, medication management with emphasis on community engagement both for newly presenting individuals and for those who have recently been discharged and need a bridge until they can get in with new provider.
23-hour Observation Unit Secure unit which accepts all comers and offers a combination of a hybrid fusion/living room/recliner model with some individual rooms for those who need a quiet environment, which employs medication management, crisis stabilization techniques, peer supporters, and engagement of natural supports to resolve an acute crisis and transition the individual back to the community.
1-3 day Crisis Stabilization Unit
Ten bed unit designed to support individuals who need more than 23 hours to address their needs in a way that emphasizes engagement and skill building.
4-5 day Inpatient Psychiatric Unit
Six bed traditional inpatient psychiatric unit that is secure and can accept involuntary individuals to maintain throughput for the Crisis Center and a safe treatment space for otherwise difficult to place patients.
Facility-wide services
Basic physical health care 24/7 onsite medical provider for an urgent care level of services for common medical comorbidities.
Pharmacy Full pharmacy supports for the units as well as dispensing of limited take home supply of medications.
Substance-use disorder treatment
Treatment of dually diagnosed individuals who present to the facility to manage acute symptoms of substance use and withdrawal and, when appropriate, induction of medication assisted treatment.
RFQ No. 2021-03-17: FRANKLIN COUNTY MENTAL HEALTH AND ADDICTION CRISIS CENTER
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Linkage to community- based services
Working closely with community providers to gather information on newly presenting individuals and to provide warm hand-off at the end of crisis services.
Family support services Engagement with the individual’s natural supports with the opportunity for education and support.
The proposed program must provide core facilities to support a thirty-year life cycle.
Operation of the Facility: ADAMH released an RFP for entities interested in operating the new facility April 16, 2021. The selected operator will be a critical partner added to the project team once identified. Prior to being awarded a provider agreement from ADAMH to provide crisis services, the selected operator must be accredited by CARF, Joint Commission, Council on Accreditation or other equivalent body for all proposed services contained within the Crisis Center operator RFP and will be required to be licensed by the Ohio Department of Mental Health and Addiction Services (OhioMHAS) for all proposed services prior to provision of those services. For planning purposes, assume Joint Commission accreditation standards.
Location of the Crisis Center: ADAMH has purchased a three-acre parcel, parcel 010-284121, which is and remains a viable location for the new Crisis Center. The Owner, Owner’s Representative and ADAMH (Project Team) are working to finalize and validate the site for it to meet the needs of the Crisis Center. The final location will be based on site details, ease of access by all stakeholders and clients, and surrounding area. The site’s property survey and legal description, environmental site assessment, and preliminary geotechnical exploration report will be made available to the Consultant upon selection.
Preliminary estimates anticipate occupancy of the new Crisis Center in late 2023. The Design Professional will be required to validate a design schedule to ensure completion. This construction shall be prevailing wage and consistent with the Owner’s Quality Contractor, Energy Efficiency, and Environmental Sustainability Standards and other policies and practices. The Project Team will be setting an aspiration goal for Small and Emerging Businesses for the construction of the Crisis Center. 2. Statement on Sustainable Design Franklin County is committed to pursuing environmentally sustainable and energy efficient design and construction in all facility projects. It is not necessary that the project scope meet the requirements of the U.S. Green Building Council’s Leadership in Energy and Environmental Design (“LEED”) program; however, the Owner is nevertheless interested in receiving proposals that would include LEED certification components where achieving LEED certification would allow the County to track, measure and publicly demonstrate the value of green building design and construction. Planning for the life-cycle cost of our facilities, projected utility costs, long-term operational costs, maintenance requirements and worker productivity are critical to the County’s financial health. Green building design is both financially sound and helps support Franklin County’s quality of life for future generations. Regardless of ability to pursue a formal LEED certification on this project, all the requested design services must support the creation of a sustainable design consistent with Franklin County’s Sustainability Plan, which can be found at https://commissioners.franklincountyohio.gov/core-principles/environmental-sustainability.
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3. Project Delivery Method The Owner, in cooperation with ADAMH, will employ a Construction Manager At-Risk project delivery methodology for construction of the project. The Owner has retained Hammes Company Healthcare, LLC as their Owner Representative on this project.
4. Project Budget
The estimated total project budget, including Owner’s Representation, planning and design, construction, fixtures, furnishings, equipment, technology needs, and contingency is initially estimated to be $50 million. This estimate is based upon the projected volumes and intended service offerings, with approximately 72,000 square feet.
5. Project Schedule
The project duration is estimated to extend thru the end of the 4th quarter 2023. The design work (Schematic Design thru Construction Documents) is anticipated to occur from July 2021 to February 2022 in accordance with the tentative schedule prepared by the Project Team. Schedules and durations outlined in this request are approximate and subject to change. The successful firm is expected to be capable of meeting the milestone schedule dates required by the Owner, in cooperation with ADAMH. 6. Agreement The Owner, in cooperation with ADAMH, intends to negotiate an agreement with the selected firm to provide the services. Franklin County’s Standard Form Agreement for Architect/Engineer Services, a copy of which is attached to this RFQ as Attachment 1, will be used for the Design Professional Services acquired by the RFQ. The Consultant is expected to enter the attached Form Agreement without modifications. If during the negotiation process an impasse is reached between the two parties, the Owner and ADAMH reserves the right to cease negotiations and begin negotiations with the next-highest ranked Consultant. 7. Scope of Design Professional Services
7.1 General
7.1.1 Basic Services: Basic Services to be provided by the Design Professional shall consist of
the six (6) phases set forth below and include without limitation, normal architectural, civil, structural, MEP/FP, IT, landscape design, signage and graphics, medical equipment planner, and furniture planner, as well as any other specialty consultants required to successfully complete the project.
7.1.2 Meetings: The Design Professional shall participate in pre-construction, progress, quality control and special meetings with the Owner, Owner’s Representative, Construction Manager, ADAMH, appropriate Consultants, Contractors, and any other parties involved in the Project to discuss such matters as procedures, progress, problems, and scheduling. The Design Professional shall participate in partnering meetings with the Construction Manager, the Owner, the Owner’s
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Representative, ADAMH, and other appropriate Consultants, the Contractors and other parties involved in the Project. 7.2 Pre-design Phase (Program Validation)
7.2.1 Program of Requirements: The Design Professional shall provide a preliminary evaluation of the Owner’s, in cooperation with ADAMH, project requirements, schedule and budget requirements, each in terms of the other and in terms of the Technical Proposal. Based upon such evaluation, including preliminary comment by the Owner, in cooperation with ADAMH, the Design Professional shall prepare a formal Program of Requirements, which includes the items listed below, and it will need the final approval from the Owner, in cooperation with ADAMH.
7.2.1.1 An executive summary of the Program Documents.
7.2.1.2 A narrative description of the Project and the design goals.
7.2.1.3 A description of space requirements, including a listing of desired spaces and identification of each space’s basic criteria such as dimensions, proportions, ceiling heights, and service, equipment, storage, utility, access, flexibility, configuration, security, adjacency, aesthetic, and other requirements.
7.2.1.4 A description of planning and design criteria such as workstation,
office/room standards; clustering and layout criteria; circulation criteria; applicable space-planning modules; dimensional criteria; building systems interface criteria; envelope criteria; accessibility requirements; and a description of performance criteria applicable to building components such as envelope, structure, interior construction, and mechanical, electrical, and plumbing systems.
7.2.1.5 A preliminary evaluation of the Program, Project Schedule, and
Construction Budget requirements, each in terms of the other including a description of the distribution of the Construction Budget between major Project components, contingencies, and other categories the Contracting Authority may designate.
7.2.1.6 Preliminary recommendations regarding selection of materials, building systems, and equipment.
7.2.1.7 A review of feasible alternative approaches to design and construction of the Project, if any, including the estimated budget and schedule impacts of those alternative approaches
7.2.2 Approved Program of Requirements and Revisions: The Design Professional shall review, validate, date, and sign a revised Program of Requirements upon approval by the Owner, in cooperation with ADAMH, in the (“Approved Program of Requirements”). If any changes or adjustments to the Approved Program of Requirements are desired at any time after the Approved Program of Requirements has been approved by the Owner and ADAMH, the Design Professional shall prepare a written amendment to the Approved Program of Requirements describing the changes or adjustments. Written Amendments must be approved by the Owner, in cooperation
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with ADAMH. The Approved Program of Requirements, as amended from time to time, shall determine the Scope of the Project.
7.3 Schematic Design Phase (Preliminary Drawings)
7.3.1 Review and Consultation: The Design Professional shall provide any necessary further evaluation or refinement of the Approved Program of Requirements, the schedule and budget requirements, as well as identify and analyze requirements of governmental authorities having jurisdiction to approve design of the Project and participate in consultations with such authorities. 7.3.2 Recommendations and Costs: The Design Professional shall review site use and improvements and alternative approaches to selection of materials, building systems and equipment with the Owner, in cooperation with ADAMH. The Design Professional shall provide recommendations on value engineering, constructability, logistics, availability and suitability of materials, labor and systems, safety and security plans, quality control, time requirements for construction and factors related to the cost of the Project including costs of alterative designs or materials, preliminary budgets, and possible economies.
7.3.3 Preliminary Life Cycle Analysis: The Design Professional shall prepare and submit three (3) copies of alternative design concepts for a Preliminary Life Cycle Analysis to the Owner’s Representative unless a different number is provided in the Technical Proposal or by the County in writing.
7.3.4 Schematic Design Documents: Based upon the current Approved Program of Requirements and the schedule and budget requirements, the Design Professional shall prepare Schematic Design Documents consisting of architectural drawings and other documents illustrating the scale of the Project and of the relationship of components of the Project to one another and of the Project to surrounding properties. Upon completion of the Schematic Design Phase for each phase of the Project, the Design Professional shall provide three (3) copies of the Schematic Design Documents to the Owner’s Representative for review and written approval unless a different number is agreed to by the parties in writing. The Design Professional shall revise the Schematic Design Documents to incorporate and address comments from the Owner, in cooperation with ADAMH.
7.3.5 Preliminary Cost and Schedule Estimates: Upon completion of the Schematic Design Phase for each phase of the Project or appropriate portion thereof, the Design Professional, with the assistance of the Construction Manager, shall prepare and submit a Statement of Probable Construction Cost based on current area volume and other unit costs and a Preliminary Project Schedule, which shall incorporate the Design Schedule, for approval by the Owner, in cooperation with ADAMH. The Design Professional shall review any difference between the Construction Budget and the Statement of Probable Construction Cost, identify reasons for any difference and recommend means to eliminate the difference, if necessary. The Design Professional, Construction Manager, and the Owner, in cooperation with ADAMH, shall agree upon the means to eliminate any difference between the Construction Budget and the Statement of Probable Construction Cost, and the Design Professional with the assistance of the Construction Manager, shall prepare a report describing the agreed upon means. 7.3.6 Submittal to County: The Design Professional shall complete a Design Review Acceptance form, deliver to the Construction Manager, attach a copy of the Preliminary Project Schedule, the
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Statement of Probable Construction Cost and any report prepared and deliver the form and attachments to the Owner, in cooperation with ADAMH, for approval.
7.4 Design Development Phase (Basic Drawings)
7.4.1 Life Cycle Analysis: The Design Professional shall prepare and submit three (3) copies of a Life Cycle Cost Analysis to the Owner’s Representative and Construction Manager unless a different number is provided in the Technical Proposal or by the county in writing.
7.4.2 Design Development Documents: Based on the approved Schematic Design Documents, the current Approved Program of Requirements, the approved Statement of Probable Construction Cost and the approved Preliminary Project Schedule, the Design Professional shall prepare Design Development Documents consisting of drawings, outline specifications and other documents to fix and describe the size and character of the Project as to architectural, structural, mechanical and electrical systems, materials, and such other essential elements as may be appropriate. Upon completion of the Design Development Phase for each phase of the Project, the Design Professional shall provide three (3) copies of the Design Development Documents to the Owner’s Representative for distribution, review, and written approval unless a different number is agreed to by both parties in writing. The Design Professional shall revise the Design Development Documents to incorporate and address comments from the Owner, in cooperation with ADAMH. 7.4.3 Cost Estimate and Project Schedule: Upon completion of the Design Development Phase for each phase of the Project or appropriate portion thereof, the Design Professional with the assistance of the Construction Manager, shall prepare and submit a Detailed Estimate of Construction Cost and a Project Schedule indicating milestone completion dates for approval by the Owner, in cooperation with ADAMH. In establishing the Detailed Estimate of Construction Cost, the Design Professional shall include reasonable contingencies for design, bidding and price escalation and determine in conjunction with the Construction Manager and Project Team the materials, equipment, component systems and types of construction to be included in the Contract Documents. The Design Professional and the Construction Manager shall review any difference between the Statement of Probable Construction Cost and the Detailed Estimate of Construction Cost, identify reasons for any difference and recommend means to eliminate the difference, if necessary. The Owner’s Representative, the Construction Manager, the Design Professional, and the Owner, in cooperation with ADAMH, shall agree upon the means to eliminate any difference between the Statement of Probable Construction Cost and the Detailed Estimate of Construction Cost, and the Design Professional shall assist the Construction Manager to prepare a report describing the agreed upon means. The Owner’s Representative, the Construction Manager and the Design Professional shall review any differences between the Preliminary Project Schedule and the Project Schedule, identify reasons for the differences and recommend whether the differences should be eliminated and, if necessary, means to eliminate the differences. If the Owner’s Representative, the Construction Manager, the Design Professional, and the Owner, in cooperation with ADAMH, agree to eliminate any such differences, the Design Professional shall assist the Construction Manager to prepare a report describing the agreed upon means. The Owner’s Representative, the Construction Manager, the Design Professional, and the Owner, in cooperation with ADAMH, shall make any necessary amendments to the Approved Program of Requirements in accordance with Subparagraph 7.2.1.
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7.4.4 Submittal to the Owner: The Design Professional shall complete a Design Review Acceptance form and submit it to the Construction Manager who shall attach a copy of the Project Schedule, the Detailed Estimate of Construction Cost and any report prepared pursuant to Subparagraph 7.4.3 to the form and deliver the form and attachments to the Owner, in cooperation with ADAMH, for approval.
7.5 Construction Documents Phase (Construction Drawings and Specifications)
7.5.1 Drawings and Specifications: Based on the current, approved Design Development Documents, approved Detailed Estimate of Construction Cost and approved Project Schedule and any further revisions to the Approved Program of Requirements, the Design Professional shall prepare, for approval by the Owner, in cooperation with ADAMH, Drawings and Specifications setting forth in detail the requirements for the construction of the project. With the consent of the Owner, in cooperation with ADAMH, the Design Professional shall include Alternates in the Contract Documents. The Drawings and Specifications shall encourage competition, shall provide for construction by a construction manager at risk and shall be reasonably complete and unambiguous and in accordance with all applicable codes, ordinances, statutes, laws, a n d regulations. In preparing the Drawings and Specifications, the Design Professional shall consider general market conditions. The Design Professional shall not amend the Standard Conditions except by Special Conditions approved by the Owner, in cooperation with ADAMH, in writing. From time to time, the Design Professional shall make any necessary revisions to the Drawings and Specifications. Upon completion of design for each phase of the Project, the Design Professional shall provide five (3) copies of the Drawings and Specifications to the Owner’s Representative for distribution, review, and approval. The Design Professional shall revise the Drawings and Specifications to incorporate and address comments provided by the Owner, in cooperation with ADAMH. 7.5.2 Revisions to Cost Estimate and Project Schedule: The Design Professional shall inform the Construction Manager and Project Team of the need for any changes in Project requirements or in construction materials, systems or equipment as the Drawings and Specifications are developed and of the need for any adjustments in the Detailed Estimate of Construction Cost and the Project Schedule. Upon approval of the Owner, in cooperation with ADAMH, of any such changes or adjustments, the Design Professional shall assist the Construction Manager to prepare a revised Detailed Estimate of Construction cost or a revised Project Schedule, as applicable, incorporating such changes or adjustments. The Design Professional shall complete a Design Review Acceptance form and submit it to the Construction Manager who shall attach a copy of the revised Detailed Estimate of Construction Cost or the revised Project Schedule, as applicable and deliver the form and attachments to the Owner, in cooperation with ADAMH, for approval.
7.5.3 Bidding Documents. The Design Professional shall assist the Construction Manager and the Owner, in cooperation with ADAMH, in the preparation of documents necessary for bidding of Contracts, including without limitation bidding information and instructions, estimates of cost, Notices to Bidders, Bid Forms and Special Conditions.
7.5.3.1 Identify the Quality Control process that your firm utilizes to ensure that the documents and specifications created have been verified for completeness and all corrections have been made prior to being submitted to Franklin County. 7.5.3.2 Identify your firm’s corrective action plan for amending or correcting all returned
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documentation and the verification process utilized to ensure that all corrections have been made. Proposers should also stipulate your firm’s internal timeframe for making all corrections (i.e., corrections made withing 24 hours, 48 hours, etc.). 7.5.3.3 Identify the Project Manager who will be responsible for editing and correcting your specifications. 7.5.3.4 Define your firm’s document approval process to include a working diagram of the approval process flow and the final approval authority. Your process should also include a sample of the stamp, seal or identifying mark that will indicate final approval from your firm.
7.5.4 Government Approvals: The Design Professional shall submit to the appropriate review authority such sets of the Drawings and Specifications as may be required for approval, together with any necessary completed applications and all required fees. T he Design Professional shall secure any necessary National Pollution Discharge Elimination System Storm Water General Permit by submitting a notice of intent application form to the Ohio Environmental Protection Agency at least forty-five (45) days prior to the commencement of the Construction Phase, shall prepare and certify a storm water pollution prevention plan to provide sediment and erosion controls at the Project and shall prepare and process the required notice of termination prior to Contract Completion. In addition, the Design Professional shall assist the Owner, including without limitation, by provision of technical criteria, provision of written descriptions and design data and consultations with appropriate officials in connection with filing of documents required for the approval of governmental authorities having jurisdiction over the Project. This project will participate in the Ohio Mental Health and Addiction Services (OhioMHAS) Community Capital Assistance Project program and may be subject to some additional approvals by OhioMHAS. Specifice requirements, if any, applicable to the Design Professional will be provided to the Design Professional after the contract is awarded. OhioMHAS Community Capital Assistance Project Guidelines can be found at: https://mha.ohio.gov/Portals/0/assets/SchoolsAndCommunities/CommunityAndHousing/Commu nity-Planning/2019/CAPITAL.GUIDELINES_rev_April2019.pdf?ver=2019-08-09-132425-143
7.5.5 Additional Filings: Upon receiving comments on the Construction Document Drawings and Specifications from the Owner, the Design Professional shall provide five (5) sets of corrected copies of the Drawings and Specifications bearing approval stamps. The Design Professional shall distribute such corrected and stamped copies as follows:
7.5.5.1 Two (2) sets to the Construction Manager. 7.5.5.2 One (1) set to the Owner’s Representative. 7.5.5.3 Two (2) sets to the Owner, in cooperation with ADAMH, attached to a completed Design Review Acceptance form with the Owner’s approval of the form and signature thereon, electronic set and base plans to be included.
7.5.6 In addition, the Design Professional shall file any Drawings and Specifications necessary for the approval of any other governmental authority, which has jurisdiction over the Project.
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7.6.1 Obtaining Bids: The Design Professional shall render interpretations and clarifications of the Contract Documents in Addenda.
7.6.2 Prebid Conferences: The Design Professional shall assist the Owner, in cooperation with ADAMH, and the Construction Manager in conducting pre-bid conferences with prospective Bidders to familiarize Bidders with the Contract Documents, any special requirements of the Contract Documents and equal employment opportunity and prevailing wage requirements. The Design Professional shall respond to all questions at Prebid conference in writing by means of Addenda that may include minutes of the pre-bid conferences. 7.6.3 Bid Packages: The Design Professional shall obtain all necessary prevailing wage determinations from the Owner, in cooperation with ADAMH, and shall include them in packages of the Contract Documents. The Design Professional shall assemble the Contract Documents into appropriate packages and shall distribute the packages to prospective Bidders, the Owner, in cooperation with ADAMH, and other appropriate persons, including without limitation any applicable local or regional plan room organizations.
7.6.4 Bid Review The Design Professional shall review all bids received for responsiveness, participate in investigating the responsibility of Bidders and deliver a written recommendation to the Owner, in cooperation with ADAMH, about the award of, or rejection of, any bid or bids for each Contract for the Project in accordance with applicable law and Owner and ADAMH policies. In making the recommendation, the Design Professional shall evaluate all applicable Alternates referenced in the Contract Documents. 7.6.5 Bid Substitutions: Substitutions contained in the bid of any Bidder shall not be considered by the Design Professional in recommending the award of any Contract.
7.6.6 Pre-award Conferences: The Design Professional shall participate in pre-award conferences with apparently successful Bidders and shall gather documentation for contract execution from such Bidders. Upon the failure of a Bidder to provide such documentation in a timely manner, the Design Professional shall assist the Owner, in cooperation with ADAMH, in considering whether an extension of time for submitting such documentation is appropriate.
7.6.7 Subcontractor and Material Supplier Review: The Design Professional, based upon review of the Contract Documents, any experience and reasonable injury, shall participate in investigating any Subcontractor or Material Supplier proposed by any Contractor and recommend approval or disapproval in accordance with the General Conditions.
7.6.8 Over Budget Options: If the Construction Budget is exceeded by the total of the lowest and best bids and any legally negotiated prices for the Project, the Owner, in cooperation with ADAMH, shall, at their option (1) approve in writing an increase in the Construction Budget; (2) authorize re-bidding or re-negotiation for some or all parts of the Project within a reasonable time without an increase in the Construction Budget; (3) abandon the Project, in whole or in part, and terminate this Agreement in accordance with the contracts, as applicable; or (4) cooperate in the revision of the Scope of the Project as defined in Paragraph 7.3.2 to reduce the actual cost of construction to the Construction Budget. If the Owner, in cooperation with ADAMH, adopts option (1) and such increase in the Construction Budget is more than ten
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percent (10%), the Design Professional may request, in writing, an adjustment to the Basic Fee. If the Owner, in cooperation with ADAMH, adopts options (2), (3) or (4), the Design Professional shall modify the Approved Program of Requirements, the Project Schedule and the Contract Documents and cooperate in any necessary bidding or negotiation without additional charge.
7.6.9 Further Revisions to Cost Estimate and Project Schedule: If necessary, the Design Professional shall inform the Construction Manager, the Owner’s Representative, the Owner and ADAMH of the need for any adjustments in the Detailed Estimate of Construction Cost and the Project Schedule. Upon approval of the Owner, in cooperation with ADAMH, of any such adjustments, the Design Professional shall prepare a revised Detailed Estimate of Construction Cost or a revised Project Schedule, as applicable, incorporating such adjustments and delivering the revised Detailed Estimate of Construction Cost or Project Schedule to the Owner, in cooperation with ADAMH, for approval.
7.7 Construction Phase (Administration of Construction)
7.7.1 Duration; Extent, Access: The Construction Phase will commence with the award of a GMP Amendment for the Project to a Construction Manager and will terminate upon Final Acceptance of the Project by the Owner, in cooperation with ADAMH. The Design Professional shall provide its services during the Construction Phase in accordance with the General Conditions as in effect as of the date of this Agreement. The Design Professional shall always have access to the Project whenever any Work is in preparation or in progress.
7.7.2 Interpretations: The Design Professional shall render interpretations necessary for the proper execution or progress of the Work on the Project. All interpretations shall be in writing, shall be consistent with the intent of and reasonably inferable from the Contract Documents and shall be delivered to the Owner, in cooperation with ADAMH, and the Construction Manager. 7.7.3 Site Visits: The Design Professional and appropriate Consultants shall visit the Project at appropriate intervals, or at such intervals as the Design Professional and the Owner agree, to review the Work of the Construction Manager and each Contractor for Defective Work, to become familiar with the progress and quality of the Work on the project and to determine if the Work is proceeding in conformity with the Contract Documents. Such visits shall specifically include, without limitation, those listed in the Technical Proposal, observation of large excavations, observation of footings during placement of concrete and observation of masonry work, structural steel erection, roofing work and interior finishes. In all events, the Design Professional and appropriate Consultants shall be on the Project site for such purposes an average of not less than four (4) hours per week whenever any Work is in preparation or progress, unless otherwise expressly provided in writing by the Owner, in cooperation with ADAMH. If the Design Professional shall become aware, either through such visits or otherwise of any Defective Work on the Project, the Design Professional shall report all Defective Work to the Owner, in cooperation of ADAMH, together with recommendations for the correction thereof, and shall notify the Construction Manager to correct such Defective Work.
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7.7.4 Progress: The Design Professional shall record the progress of the project and provide written reports to the Owner, in cooperation with ADAMH, monthly unless otherwise agreed in writing. Such reports shall include, without limitation, information on the Construction Manager’s Work, as well as completion status on the entire project, showing percentages of completion. 7.7.5 Construction Schedule: The Design Professional shall review and approve for conformance with the Contract Documents the Construction Schedule, provide a copy of the Construction Schedule and schedule of submittals to the Owner, in cooperation with ADAMH, and incorporate the Construction Schedule and schedule of submittals into the Project Schedule. The Design Professional shall promptly inform the Owner, in cooperation with ADAMH, of any need to update the Project Schedule. If such conditions indicate that milestone completion dates shown on the Project Schedule may not be met, the Design Professional shall recommend corrective action to the Owner, in cooperation with ADAMH, and carry out the directions of the Owner, in cooperation with ADAMH, so that the milestone completion dates may be met, unless the Owner, in cooperation with ADAMH, agrees in writing to revise the milestone completion dates. Whenever the Project Schedule is revised or updated, the Owners signatures thereon and deliver the revised Project Schedule to the Owner, in cooperation with ADAMH. 7.7.6 Tests and Inspections: The Design Professional shall advise and consult with the Owner, in cooperation with ADAMH, during the Construction Phase as to the need for any special testing, inspections, or approval of Work on the Project. The Design Professional shall notify the Construction Manager in writing to order any necessary special testing, inspections or approval of Work on the Project, or the Design Professional may make the arrangements for same. The Design Professional shall report to the Owner, in cooperation with ADAMH, any failure of the Construction Manager to provide such testing, inspections, or approval within thirty (30) days of the notice to the Construction Manager. 7.7.7 Submittal Review: As provided in the Standard Conditions, the Design Professional shall review and approve or take other appropriate action upon Construction Manager submittals such as Shop Drawings, Product Data, and Samples, for conformity with the Contract Documents and shall review drawings, calculations and designs required of the Construction Manager and provided with such submittals. 7.7.8 Bulletins and Certain Change Orders: The Design Professional shall prepare Bulletins and other necessary documentation seeking Proposals from the Construction Manager for changes in the Work. The Design Professional shall keep a log of all requests for information, Field Work Orders, Bulletins, Proposals from the Construction Manager and Change Orders. The Design Professional shall prepare Change Orders and any necessary Drawings, Specifications and other documents and supporting data for Change Orders which result from an error or omission of the Design Professional or a Consultant or which relate to the addition of an Alternate to the Work of the Construction Manager or the settlement of a dispute with the Construction Manager. 7.7.9 Construction Costs: The Design Professional shall monitor cost accounting records on Work performed by the Construction Manager under unit costs, actual costs for labor and materials, or other appropriate basis and afford the Owner, in cooperation with ADAMH, access
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to these records always. 7.7.10 Contractor Payments: Based upon the Design Professional's review of the applicable Work and evaluations of the applicable Construction Manager's Applications for Payment, the Design Professional shall review and approve, modify, or reject the amounts shown on such Applications as being due to the applicable Construction Manager in accordance with the Contract Documents. Each Application for Payment shall be signed by the Design Professional and delivered to the Owner, in cooperation with ADAMH. 7.7.11 Partial Occupancy: The Design Professional shall assist the Owner in determining dates of Partial Occupancy of the Work or portions thereof designated by the Owner, in cooperation with ADAMH, and shall assist in obtaining any necessary certificate from any applicable government authority. The Design Professional shall prepare lists of incomplete or unsatisfactory Work and schedules for the completion or correction thereof. 7.7.12 Contract Close-Out: Upon receipt of the Construction Manager’s Punch List, the Design Professional shall provide written notice to the Owner , in cooperat ion with ADAMH, that the Work is ready for Final Inspection, notify the Construction Manager of acceptance or rejection of the request for Final Inspection, conduct the Final inspection, prepare a Design Professional Punch List, if applicable, and prepare and process a Certificate of Contract Completion in accordance with the Contract Documents. Upon Construction Manager’s completion of the Work, the Design Professional shall receive, review for conformity with the requirements of the Contract Documents and transmit to the Owner, in cooperation with ADAMH, any affidavits and turn over to the Owner, in cooperation with ADAMH, any keys, manuals and the originals of any guarantees, warranties, releases, bonds and waivers. The Design Professional shall transmit a copy of any guarantees, warranties, releases, bonds, and waivers to the Owner, in cooperation with ADAMH. 7.7.13 Contractor Claims: The Design Professional shall review claims from the Construction Manager for additional compensation and adjustment of compensation and/or the Contract Time and shall deliver a written recommendation to the Owner, in cooperation with ADAMH, about each claim and attend any dispute resolution meetings convened by the Owner, in cooperation with ADAMH, related to each claim. 7.7.14 Record Drawings: Based on marked-up prints, drawings or data provided by the Construction Manager, the Design Professional shall furnish to the Owner one (1) set of Record Drawings in the form of reproducible Drawings correctly marked to show the project as completed, one (1) set of all other Contract Documents showing the Project as completed in the form of digital documents, in PDF and DWG format and one (1) set of all Contract Documents showing the Project as completed on a computer medium approved by the Owner, in cooperation with ADAMH. The Record Drawings, to the best of the Design Professional’s knowledge based upon the As-Built Drawings delivered to the Design Professional by the Construction Manager and the Design Professional’s observations during the progress of the Project, shall detail the actual construction of the project and contain such annotations by the Design Professional as may be necessary for someone unfamiliar with the project to understand the changes that were made to the original Drawings.
8 General Conditions of the RFQ
8.1 Confidentiality: All materials contained in this RFQ, or later distributed or referred to, including, and without limitation, the descriptions of Franklin County and its organization, systems and procedures and features of the new Crisis Center facility design are the property of the Owner, in cooperation with ADAMH. The participating Consultant agrees that it will keep
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all such materials and information in strict confidence within its company on a need-to-know basis and will not provide duplicates of such materials or information or disclose such materials to any person outside its organization without the prior written consent of the Owner and ADAMH.
8.2 News Releases/Public Disclosure: News releases or public disclosure in any manner pertaining to this RFQ or the selection of the Consultant related to this RFQ shall not be made by any participating Consultant or they will risk disqualification.
8.3 Cost of Preparing Qualifications: All costs incurred by any participating Consultant in connection with responding to the RFQ are the responsibility of the submitting Consultant.
8.4 Other: The written responses to this RFQ will be an important consideration in the selection process. The Owner, in cooperation with ADAMH, at its sole discretion, reserves the right to cancel or significantly modify the terms and provisions of the RFQ if it is in its best interest to do so. If the RFQ is significantly modified or amended by the Owner, in cooperation with ADAMH, prior to the submission of the Qualifications, a change in the requested submission date for the Qualifications may be made accordingly.
The submitting Consultant should assume that all terms, and conditions specified in this RFQ and any amendment hereto, and in the Consultant’s response to this RFQ, could be incorporated or referenced in the agreement executed between The Owner, in cooperation with ADAMH, and the selected Consultant. The selected Consultant will be expected to execute Franklin County’s Standard Form of Agreement For Architect/Engineer Services. Any acceptance is contingent upon execution of a written agreement suitable to both parties and approved via resolution by the Franklin County Board of Commissioners the Owner, in cooperation with ADAMH, shall not be contractually bound to any Consultant prior to the execution of such written agreement.
9 Submission of RFQ Response(s)
9.1 Request for Qualifications: The request is intended to present the opportunity to demonstrate your ability to perform the tasks required and to present the innovative techniques, processes, methods, and approach that your firm will bring to meet the project goals and objectives. The Statement of Qualifications should be brief; it shall provide sufficient information to allow the Owner, in cooperation with ADAMH, to evaluate the submitting Consultant’s approach, experience, staff and ability to perform the required work. Facsimile (FAX) or email submittals are not acceptable and will be rejected.
Information requested herein shall be furnished completely in compliance with these instructions. The information requested and the manner of submission is essential to permit prompt evaluation of all Qualifications on a fair and uniform basis. Accordingly, the Owner, in cooperation with ADAMH, reserves the right to declare as non-responsive and to reject any Qualifications in which material information requested is not furnished, or where indirect or incomplete answers or information are provided. Franklin County shall not be held responsible for any oral instructions. Franklin County reserves the right to reject any or all Statements of
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Qualifications, to waive any informality or irregularity in any Statement of Qualifications received, and to be the sole judge of the merits of the respective Statements of Qualifications received. Whenever repetitious requests for information occur anywhere in the RFQ, submitting Consultants need not repeat the information. Reference shall be made to the exact location in the Statement of Qualifications where the information is already recorded. The cost of services will be established on a lump sum fee basis.
10 Questions
All Questions Should Be Directed To:
All questions must be received in writing on or before June 1, 2021 at 5:00 PM EST. Direct in writing to Public Facilities Management, Franklin County Office Tower, 373 S. High Street, 2nd Floor, Columbus, Ohio 43215- 4592. Fax 614/525-3180 or email at - [email protected].
Franklin County will respond to all questions and will post its response to the Franklin County Purchasing Department Website on June 4, 2021. It is the responsibility of interested parties to monitor the Franklin County Purchasing website for any Amendments or Clarifications. All amendments and clarifications will be posted on the County’s - Purchasing Department website at: https://purchasing.franklincountyohio.gov Interested parties shall have the sole responsibility to monitor the Purchasing Department Website to obtain any amendments and clarifications during the entire RFQ process; including site visits dates/times, question/answer dates/times, and proposal opening dates/times.
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RFQ Schedule: The RFQ schedule is subject to change at the discretion of the County.
Key Dates
May 10, 2021
Request for Qualifications (RFQ) Notifications and ad placed for RFQ. Inquiry process begins.
May 10, 2021 Qualification instructions and documents are posted on Franklin County’s website for additional interested parties to retrieve.
May 24, 2021 Pre-Submittal Conference from 11:00-12:00 EST
Join on your computer or mobile app Click here to join the meeting
Or call in (audio only) +1 773-917-3504,,732557160# Phone Conference ID: 732 557 160#
June 1, 2021
All questions must be received in writing on or before June 1, 2021 at 5:00 PM EST. Direct in writing to Public Facilities Management, Franklin County Office Tower, 373 S. High Street, 2nd Floor, Columbus, Ohio 43215-4592. Fax 614/525-3180 or email at - PFMConstructionquestions@franklincountyoh io.gov.
June 4, 2021 Franklin County will respond to all questions and will post its response to the Franklin County Purchasing Department Website on June 4, 2021.
June 14, 2021 Complete RFQ submittals due to Franklin County by 2:00 PM EST.
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Event
June 30, 2021 Evaluation of RFQ is complete. Short listed firms will be notified. This may include interviews and presentations prior to ranking. Highest Firm will be notified that they have been selected for the project as number 1 ranked entity.
July 1, 2021 Highest Firm will be notified that they have been awarded the project.
July 6, 2021 thru July 23, 2021
Contract negotiations
July 27, 2021 Contract review and approval by the ADAMH Board.
August 10, 2021
11 Pre-Submittal Conference
A Pre-Submittal Conference is scheduled for May 24, 2021 from 11:00-12:00 EST.
Due to COVID 19 this meeting is being conducted virtually via teleconference. The Microsoft Teams Meeting information is listed below. Join on your computer or mobile app Click here to join the meeting Or call in (audio only) +1 773-917-3504,,732557160# Phone Conference ID: 732 557 160# All questions must be submitted in writing as noted herein to receive a formal written response. Franklin County will not be bound by oral answers provided during any phase of the RFQ process. Attendance of the Pre-Submittal Conference is not mandatory.
12 Proposal Submittal
One (1) original and eleven (11) fully executed copies of the response and (2) CD/DVD or USB Flash Drives must be submitted to warrant consideration by the Owner, in cooperation with ADAMH. Each submittal will be evaluated in a manner consistent with the provisions of Section
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153.69 of the Ohio Revised Code.
To allow for an effective evaluation, the response should include the following elements of information.
12.1 Identify the Consultant team’s firms and locations. Show ability to perform the required Consultant’s Scope of Services based on the team’s experience obtained from same or similar public works projects within the last seven years.
12.2 Provide a staffing proposal including a narrative description, organizational chart of the proposed team and resumes of key personnel. Proposals should include the following: • Identification of key personnel to be utilized for the project. • Key Personnel’s resumes including name title, education, experience references,
professional affiliations, certifications, licenses and registrations. • Describe the roles and responsibilities of the key personnel in your staffing proposal. • Number of hours of key personnel to be devoted to the project (by week or month). • Key personnel’s current assignments and the percentage of their time each will devote to
each assignment if selected for this project. • Key personnel’s office location(s).
12.3 Disclose the project relationship/contractual arrangement between the Consultant (prime Consultant) and any sub-consultants.
12.4 Provide examples of past projects that illustrate satisfactory performance based on high quality work, effective use of budget controls, meeting established deadlines on a consistent basis.
12.5 Provide references for similar types of facilities. Reference shall include project name, location, square footage, project cost, contact person, email address and telephone number for all representative project of a similar scope since January 1, 2014.
12.6 Provide sufficient detail of successful performance relative to new construction of, clinical and mental health, or similar facilities.
12.7 Provide experience with LEED or other sustainably bench marked projects.
12.8 Provide experience of successful project delivery utilizing the Construction Manager at Risk model.
12.9 Provide an outline of your scope of work, including innovative recommendations, or alternative approaches. Provide your resource pool, useful information technology applications, proficient methods of project management (budget, schedule, and scope), and approach to quality control.
12.10 Disclose all litigation since January 1, 2014 which names the Consultant or any of its member firms as a party.
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13 Small and Emerging Business Information
The Owner and ADAMH recognizes the community benefit of creating equal opportunity for all vendors to participate in the County procurement process. The advancement of economic inclusion improves equity, economic mobility, and quality of life for all Franklin County residents. Accordingly, the Owner, in cooperation with ADAMH, will make a good faith effort, and encourages others, to utilize Small and Emerging Business Enterprises and diverse suppliers in all phases of procurement and contracting including formal competitive bidding, multiple quote process and purchase orders. The Small and Emerging Business information provided in response to this RFQ will be used for informational purposes only in furtherance of the above-referenced aspirational goals and is not part of the evaluation process and will not be given any consideration with regard to an award.
14 Request for Qualification Opening
Request for Qualifications are due by June 14, 2021 at 2:00 pm. All sealed qualifications received after this date and time, for any reason, will be rejected. The time clock in the Franklin County Purchasing Department will serve as the official record of the time and date that sealed qualifications are received and will be the sole factor in determining if qualifications are received in time to be considered. The opening of the sealed qualifications will take place at the Franklin County Purchasing Office, 373 S. High Street, 25th Floor, Columbus, Ohio 43215- 6315. The qualification opening will be public. Offerors are advised to allow adequate time to locate appropriate parking in the downtown Columbus Ohio area, access required security checkpoints within the Franklin County Courthouse Building and accessing of elevators to submit qualifications by the required date and time.
Parties may view the Public Qualifications Opening via the Teams virtual platform at: https://teams.microsoft.com/l/meetup- join/19%3ameeting_ZjFkNjY3YzctMmM1Ny00OTA1LTg1NTUtYWViMzg1NmU3ODli %40thread.v2/0?context=%7b%22Tid%22%3a%2293c52ce1-0d75-4263-9ab9- 9c287e289e18%22%2c%22Oid%22%3a%227904ad4e-7c17-4c2b-9a04- 1e2a783e2c79%22%7d
One (1) original, eleven (11) copies, and two (2) CD/DVD or USB Flash Drives of your Statement of Qualifications must be received by the due date and time listed in the RFQ Schedule above: As part of our ongoing efforts to contain the spread of the COVID-19 virus, Franklin County has made the following changes pertaining to the submission of qualifications.
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Qualifications sent via USPS, UPS or FedEx should be mailed to: Franklin County Purchasing Department 373 South High Street, 25th Floor Columbus, Ohio 43215-6315 Attn: Sharon Tubbs, Senior Purchasing Coordinator Qualifications delivered in-person: Due to the COVID-19 pandemic, submitting Consultants will not be permitted to enter the Franklin County Office Tower to hand deliver their qualifications directly to the Purchasing Department on the 25th Floor. However, qualifications may be delivered in-person to a receptacle box located along the west wall of the Pavilion (past the security checkpoint, near the art exhibit “Trashasaurus Rex”), 365 South High Street, Columbus, OH 43215. The Pavilion is the main entrance to the Franklin County Court House complex. (See link) https://facilities.franklincountyohio.gov/Facilities/Facilities/Pavilion
Submitting Consultants should take care to deposit their qualifications in the receptacle box labeled “Franklin County Purchasing Department.” The receptacle box is very similar to a postal service mailbox found on street corners. It cannot accept large, rigid boxes/containers such as Fed Ex boxes, UPS boxes or other similar containers. Qualifications delivered in this manner must be in a sealed envelope (non-rigid) and be able to fit into the receptacle box opening. All sealed qualifications must be properly identified with the submitting Consultant’s name, the RFQ number and the RFQ title on each sealed envelope. To warrant consideration, opened proposals are irrevocable for one hundred twenty (120) calendar days. Beyond 120 calendar days, the Consultant will have the option to honor its proposal or submit a written request to withdraw it from consideration.
15 Proposal Evaluation and Consultant Selection Process
The evaluation and selection of a Consultant will follow the process provided in Ohio Revised Code §153.69. The Owner, in cooperation with ADAMH, Review Team, will evaluate each Consultant’s proposal submitted in response to this RFQ based on the elements previously detailed in Section 12. The Owner and ADAMH’s evaluation process will also include a review of the responsiveness, applicability, and overall quality of the response. During the evaluation period the Owner, in cooperation with ADAMH, and the Review Team may hold discussions with individual firms to explore further the firms’ statements of qualifications, the scope and nature of the services the firms would provide, and the various technical approaches the firms may take toward the project. After the evaluation is complete, the Owner, in cooperation with ADMAH, will select and rank the three Consultants deemed to have provided the highest rated responses. The Owner, in cooperation with ADMAH, will then negotiate a contract with the highest ranked firm.
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Attachment 2: Evaluation Scoring Sheet
Attachment 3: Small and Emerging Business Enterprise Information and Small and Emerging Business Enterprise Affidavit
Attachment 4: Franklin County Travel Policy
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Franklin County Board of Commissioners Standard Form of Agreement for Architect/Engineer Services
(Construction Manager at Risk Involved) AUGUST 2016 Edition
This AGREEMENT for Architect/Engineer Services (this “Agreement”), made as of the _______ day of _______________ in the year 2021 by and between Board of County Commissioners, Franklin County, Ohio (the “County”) whose address is as follows:
Franklin County Board of Commissioners Franklin County Office Tower 373 South High Street, 26th Floor Columbus, Ohio 43215
and the Architect/Engineer (the “A/E”):
Design Firm Design Firm Address City State Zip Code
WHEREAS, it is the intention of the County, in the exercise of its powers as set forth in
Sections 153.65 through 153.71, inclusive, of the Ohio Revised Code to obtain professional design services from the A/E for the following project: The Project is: Franklin County Mental Health and Addiction Crisis Center Address City State Zip Code Project Representative: Public Facilities Management
Franklin County Office Tower 373 South High Street, 2nd Floor Columbus, Ohio 43215 Assistant Director, Property Management
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Owner’s Representative: Hammes 355 E. Campus View Boulevard Suite 115 Columbus, Ohio 43235
WHEREAS, it is also the intention of the County to obtain construction management at risk services from the Construction Manager.
WHEREAS, this Agreement has been authorized by Resolution No. _________________, passed the _______ day of _________________ in the year 2016, by the County ; and
WHEREAS, unless adjusted as provided herein, all fees and reimbursable expenses payable to the A/E under this Agreement will not exceed ($x,xxx,xxx.00); and WHEREAS, the A/E desires, and is capable and licensed, to provide professional design services as an architect or engineer for the Project. NOW, THEREFORE, in consideration of the mutual promises herein contained, the County and the A/E agree as follows:
ARTICLE 1 - SCOPE OF WORK; CONSTRUCTION BUDGET
1.1 The A/E shall perform and provide all of the Services described in the Agreement. 1.1.1 The project delivery method(s) for this Project shall be construction manager at risk and the Project is further described as follows:
1.1.1.1 The planning, design and construction of the Franklin County Mental Health and Addiction Crisis Center.
1.1.1.2 The A/E shall provide the Services in accordance with the Preliminary Program of Requirements as developed by the Owner’s Representative.
1.2 The Construction Budget is XXXXXXX
ARTICLE 2 - COMPENSATION
2.1 The total compensation for the A/E's Services –shall not exceed XXXXXX X- ($0,000,000.00) as delineated in the A/E’s Technical Proposal, which may include the sum of (1) the Basic Fee, (2) Approved Additional Services and Allowance Fees, and (3) Approved Reimbursable Expenses. The County shall pay the total compensation amount to the A/E in exchange for the A/E's proper, timely, and complete performance of the Services. 2.2 Basic Fee
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2.2.1 For Basic Services provided by the A/E and all Consultants in accordance with the A/E Scope of Services attached at Exhibit B, the County shall pay the A/E the Basic Fee of XX ($0,000,000), which shall not be exceeded without the prior written approval of the County and an amendment to this Agreement. The Basic Fee is subject to the allocation as described in the A/E’s Technical Proposal.
2.3 Approved Additional Services and Allowance Fees
2.3.1 For Approved Additional Services and Allowance Fees provided by the A/E and all Consultants, the County shall pay the A/E the Approved Additional Services and Allowance Fees of up to XX ($000,000), which shall not be exceeded without the prior written authorization of the County, and an amendment to this Agreement. The Additional Services and Allowance Fees are subject to the allocation as detailed in the A/E’s Technical Proposal.
2.4 Reimbursable Expenses
2.4.1 For Reimbursable Expenses incurred by the A/E and all Consultants, the County shall pay the A/E up to XXXX which shall not be exceeded without the prior written authorization of the County, and an amendment to this Agreement. Reimbursable expenses may include, if requested by the County, Project Professional Liability Insurance. No A/E or Consultant mark-up shall be permitted on Reimbursable Expenses. Reimbursable Expenses are subject to the allocation as set forth in the A/E’s Technical Proposal.
ARTICLE 3 - KEY PERSONNEL
3.1 The identities of the A/E's key personnel for the Project, and the extent of their participation in
performing the A/E's services as set forth in the A/E’s Technical Proposal, shall not be altered without
the County's prior written consent. 3.2 The A/E shall dismiss from the Project any individual employed by the A/E or a Consultant who the County finds, in its sole discretion, to be incompetent, guilty of misconduct, or detrimental to the Project.
ARTICLE 4 - CONSULTANTS
4.1 The A/E's Consultants for the Project are as set forth in the A/E’s Technical Proposal.
ARTICLE 5 - GENERAL PROVISIONS
5.1 Effectiveness
5.1.1 It is expressly understood by the A/E that none of the rights, duties, and obligations described in the Contract Documents shall be valid and enforceable unless the County
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Auditor first certifies that there is a balance in the County's treasury or are in the process of collection to an appropriate fund, free from any previous encumbrance in accordance with Section 5705.41(D), ORC, This Agreement shall become binding and effective upon execution by the County and approval of the County Prosecuting Attorney of this Agreement, as required by Section 153.44, ORC. 5.1.2 Subject to Section 5.1.1, the Agreement shall become binding and effective upon execution by the A/E and the County.
5.1.2.1 If the A/E is a joint venture, (1) each separate joint venturer shall (a) sign the Agreement in its own name and (b) be a party to the Contract, and (2) the Contract shall be binding on and apply to all joint venturers jointly and severally. 5.1.2.2 If the A/E is a limited liability company, which the County reasonably believes to be a special purpose or similar entity, the County may in its discretion require the limited liability company and each member of the limited liability company to (1) sign the Agreement in its own name and (2) be a party to the Contract. In that case, the Contract shall be binding on and apply to the limited liability company and to all of its members jointly and severally.
5.1.3 This Agreement may be executed in several counterparts, each of which shall constitute a complete original Agreement, which may be introduced in evidence or used for any other purpose without production of any other counterparts.
5.2 Representations
5.2.1 The A/E represents and warrants that it is not subject to an unresolved finding for recovery under ORC Section 9.24. If this representation and warranty is found to be false, the Agreement is void, and the A/E shall immediately repay to the County any funds paid under this Agreement. 5.2.2 The A/E hereby certifies that neither the A/E nor any of the A/E's partners, officers, directors, shareholders nor the spouses of any such person have made contributions in excess of the limitations specified in ORC Section 3517.13. 5.2.3 The A/E, by signature on this Agreement, certifies that it is currently in compliance with, and will continue to adhere to, the requirements of Ohio ethics laws and conflict of interest laws and will take no action inconsistent with those laws.
ARTICLE 6 - ENUMERATION OF DOCUMENTS 6.1 This Agreement includes the following documents:
6.1.1 A/E Standard Terms and Conditions attached as Exhibit A;. 6.1.2 A/E Scope of Services attached at Exhibit B; 6.1.3 Minimum Stage Submission Requirements attached at Exhibit C;
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6.1.4 A/E Special Terms and Conditions attached at Exhibit D; and 6.1.5 A/E’s Technical Proposal attached at Exhibit E.
SIGNATURES
IN WITNESS WHEREOF, the A/E and the County have executed this Agreement as of the date set forth below:
A/E Firm BOARD OF COUNTY
COMMISSIONERS FRANKLIN COUNTY, OHIO
__________________________________________ John O’Grady, Commissioner Date: _____________________________________
Approved As To Form: Approved As To Content: G. Gary Tyack Darla Reardon Franklin County Prosecuting Attorney Director, Franklin County Public
Facilities Management __________________________ __________________________ Date: _________ Date: _________
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END OF DOCUMENT
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Exhibit A - A/E Standard Terms and Conditions (CM at Risk Project) TABLE OF CONTENTS
ARTICLE 1 - A/E'S RESPONSIBILITIES ........................................................ 7 ARTICLE 2 - COUNTY'S RIGHTS AND RESPONSIBILITIES ....................... 10 ARTICLE 3 - CONSULTANTS ........................................................................ 12 ARTICLE 4 - MODIFICATIONS ...................................................................... 13 ARTICLE 5 - DISPUTE RESOLUTION ........................................................... 14 ARTICLE 6 - COMPENSATION AND PAYMENT ........................................... 15 ARTICLE 7 - INSURANCE AND INDEMNIFICATION ..................................... 17 ARTICLE 8 - SUSPENSION AND TERMINATION .......................................... 21 ARTICLE 9 - GENERAL PROVISIONS .............................................................. 24 ARTICLE 10 - DEFINED TERMS AND ABBREVIATIONS ............................. 30
ARTICLE 1 - A/E'S RESPONSIBILITIES
1.1 Nondiscrimination 1.1.1 Consistent with ORC Section 153.59, the A/E agrees that in the hiring of employees for the performance of Services under this Agreement or any sub-agreement, neither the A/E nor any Consultant shall, by reasons of race, color, religion, sex, age, handicap, national origin, ancestry, sexual orientation, veteran status or gender identity, discriminate against any Person in the employment of a Person qualified and available to perform Services to which this Agreement relates.
1.1.1.1 The A/E further agrees that neither the A/E nor any Consultant, or any Person acting on behalf of either shall, in any manner, discriminate against, intimidate, or retaliate against any employee hired for performance of Services under this Agreement on account of race, color, religion, sex, age, handicap, national origin, ancestry, sexual orientation, veteran status or gender identity. 1.1.1.2 In the event the A/E fails to comply with these nondiscrimination clauses, the County shall deduct from the amount payable to the A/E a forfeiture of the statutory penalty pursuant to ORC Section 153.60 for each person who is discriminated against or intimidated in violation of this Section 1.1.1. 1.1.1.3 The Agreement may be terminated or suspended in whole or in part by the County and all money to become due hereunder may be forfeited in the event of a subsequent violation of this Section 1.1.1. 1.1.1.4 The A/E certifies that it has a written affirmative action program for the employment and effective utilization of economically disadvantaged persons, as defined in ORC Section 122.71. Annually, each such offer or shall file a description of the affirmative action program and a progress report on its implementation with the Ohio Civil Rights Commission and the Minority Business Development Office established under ORC Section 122.92.
1.2 Royalties and Patents
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1.2.1 The A/E shall inform the County if the A/E is aware that a particular invention, design, process, or device specified in the Contract Documents is subject to patent rights or copyrights calling for the payment of a license fee or royalty.
1.3 Assignment of Antitrust Claims
1.3.1 Each party to this Agreement recognizes that in actual economic practice, overcharges resulting from antitrust violations are in fact usually borne by the ultimate purchaser of goods and services; in this instance the ultimate purchaser is the County. Therefore, the following assignment is made:
1.3.1.1 The A/E hereby assigns, sells, conveys and transfers to the County any and all rights, title, and interest in and to any and all claims and causes of action which the A/E may now have or hereafter acquire under the antitrust laws of the United States of America or the state of Ohio, provided that the claims or causes of action relate to the particular goods, products, commodities, intangibles, or services purchased, procured, or acquired by, or rendered to, the County pursuant to this Agreement, and except as to any claims or causes of action which result from antitrust violations commencing after the compensation is established under this Agreement, which are not passed on to the County by any means. In addition, the A/E warrants and represents that it will require any and all of its Consultants and suppliers to assign any and all federal and state antitrust claims and causes of action to the County, subject to the proviso and exception stated above.
1.4 Use of Domestic Steel 1.4.1 The A/E shall comply with ORC Section 153.011 regarding the specification and use of domestically produced steel products.
1.5 Drug Free Safety Program
1.5.1 The A/E shall comply with Applicable Law regarding smoke-free and drug-free workplaces and shall make a good-faith effort to ensure that none of its or its Consultant's employees engaged in the Services purchase, transfer, use, or possess illegal drugs or alcohol, or abuse prescription drugs in any way while on, or about, the Project.
1.6 Conflict of Interest
1.6.1 Unless waived or otherwise modified in writing by the County upon written request of the A/E, the A/E and any Consultant shall abstain from participating, either directly or indirectly, in any construction contract related to the Project.
1.7 LEED Certification Services
1.7.1 Not Applicable 1.8 A/E's Services
1.8.1 The A/E shall provide Services for the Project, customarily furnished in accordance with generally accepted architectural or engineering practice, consistent with the terms of this Agreement. 1.8.2 The A/E shall provide the Services in accordance with Applicable Law, the applicable announcement issued pursuant to ORC Section 153.67 ("Announcement"), and the County's Standards of Design, if any.
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1.8.3 The A/E shall not be responsible for and shall not have control or charge of construction means, methods, techniques, sequences, procedures, or scheduling used by the Construction Manager to comply with the Construction Manager's obligations under its Contract for the Project or for safety precautions and programs in connection with the Construction Manager's Work on the Project. 1.8.4 The A/E shall not be responsible for or have control or charge over the acts or omissions of Construction Managers or Subcontractors, any of their agents or employees, or any other persons performing any Work on the Project. 1.8.5 The A/E shall render interpretations and recommendations in connection with the Construction Manager's responsibilities under the Contract Documents and submit recommendations to the County for enforcement of the Construction Manager's contract as necessary.
1.8.5.1 The A/E is the initial interpreter of all requirements of the Contract Documents. 1.8.5.2 All of the A/E's interpretations and recommendations are subject to final determination by the County.
1.8.6 Upon request by the County, the A/E shall make recommendations about Persons to provide services not provided by the A/E for the Project. The A/E shall cooperate with any Person with which the County contracts to perform services for the Project. 1.9 Standard of Care
1.9.1 Notwithstanding any other provision of this Agreement to the contrary, the A/E shall perform its Services consistent with the professional skill and care ordinarily provided by registered architects, landscape architects, professional engineers, and professional surveyors, as applicable, in the same or similar locality under the same or similar circumstances. 1.9.2 The A/E shall perform its Services as expeditiously as is consistent with such professional skill and care and the orderly progress of the Project. 1.9.3 The A/E shall perform its Services in accordance with the applicable rules established by its respective state board of registration, including the following codes of conduct and/or ethics pursuant to the OAC:
1.9.3.1 Registered architects: OAC Section 4703-3-07 1.9.3.2 Landscape architects: OAC Section 4703:1-3-04 1.9.3.3 Professional engineers and professional surveyors: OAC Section 4733-35
1.10 Construction Budget
1.10.1 The County shall provide written notice to the A/E of any material change in the Construction Budget. 1.10.2 The A/E shall perform its Services so that the Project is completed within the Construction Budget. 1.10.3 The A/E and the County do not have control over the cost of labor, materials, or equipment, over Construction Managers' methods of determining prices, or over competitive bidding, market,
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or negotiating conditions. Accordingly, the A/E does not warrant or represent that competitively bid or negotiated prices will not vary from the Construction Budget or from any estimate of cost or evaluation prepared, or agreed to, by the A/E.
1.11 Cooperation
1.11.1 The A/E shall perform the Services so as not to interfere with, disrupt, hinder, or delay the services of the County, the Separate Consultants or the Owner’s Representative or Work of the Construction Manager. The A/E shall cooperate and coordinate fully with all Separate Consultants, the County, the Owner’s Representative and the Construction Manager and shall freely share all of the A/E's Project-related information with them to facilitate the timely and proper performance of the Services and of the services and work of Separate Consultants, the County, the Owner’s Representative and the Construction Manager. 1.11.2 If the A/E damages the property or work of any Separate Consultant, the County, the Owner’s Representative or the Construction Manager, or by failure to perform the Services with due diligence, delays, interferes with, hinders, or disrupts the services of any Separate Consultant, the County or the Owner’s Representative or the work of the Construction Manager who suffers additional expense and damage as a result, the A/E is responsible for that damage, injury, or expense. 1.11.3 If the proper execution or results of any part of the Services depends upon work performed or services provided by the County, the Owner’s Representative, a Separate Consultant, or the Construction Manager, the A/E shall review that other work and appropriate instruments of service, and promptly report to the County in writing any defects or deficiencies in that other work or services that render it unavailable or unsuitable for the proper execution and results of the Services. The A/E's failure so to report will constitute an acceptance of the other work and services as fit and proper for integration with the A/E's Services except for defects and deficiencies in the other work or services that were not reasonably discoverable at the time of the A/E's inspection. 1.11.4 The A/E shall not delay the Services on account of any claim, dispute, or action between the A/E and a Separate Consultant, the County, the Owner’s Representative or the Construction Manager.
1.12 Records
1.12.1 The records of all of the A/E's Direct Personnel Expenses, Reimbursable Expenses, and payments to Consultants pertaining to the Project shall be kept on a generally recognized accounting basis and shall be available to the County at all times and shall be maintained for 7 years after Substantial Completion of all Work. 1.12.2 All other records kept by the A/E related to the Project shall be available to the County at all times and shall be maintained for 6 years after Substantial Completion of all Work.
ARTICLE 2 - COUNTY'S RIGHTS AND RESPONSIBILITIES
2.1 County Representative
2.1.1 The County has designated the Assistant Director, Property Management, of its Public Facilities Management as Project Representative for the Project. The Project Representative is authorized to act on behalf of the County to perform specific responsibilities under the Agreement, to act on behalf of County with respect to the Project to the extent provided in the Contract Documents and to seek approvals of the County.
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The County may change the Project Representative upon written notice to the A/E. 2.1.2 The County shall furnish information and services required of it in a timely
manner.
2.2 Required Actions
2.2.1 The County shall review, approve, or take such actions as are required of it by this Agreement, the Contract Documents, and Applicable Law in a reasonable and timely manner.
2.3 County's Requirements
2.3.1 The County shall provide, to the A/E, full information regarding its requirements for the Project including any Program of Requirements, design and construction standards, and work rules, which shall set forth the County's use, design, time, and financial objectives, constraints and criteria, including space requirements and relationships, flexibility and expandability, time constraints imposed by fiscal and budgetary considerations, special equipment, and systems and Site requirements.
2.4 Construction Manager’s Agreement 2.4.1 The County shall provide a copy of the County’s agreement with the Construction Manager to the A/E upon request. 2.5 Site Description
2.5.1 If reasonably requested by the A/E as necessary for the Project, the County shall furnish a legal description and a certified land survey of the Site, giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights-of-way, restrictions, easements, encroachments, zoning, deed restrictions, boundaries and contours of the Site; locations, dimensions, and complete data pertaining to existing buildings, other improvements, and trees; and available information concerning available service and utility lines, both public and private, above and below grade, including inverts and depths.
2.6 Provided Information
2.6.1 The County does not warrant or guarantee the accuracy of Project-related information it provides to the A/E, but the A/E may rely upon that information to the extent consistent with the standard of care described under Section 1.9.
2.7 Notice to A/E
2.7.1 If the County observes or otherwise becomes aware of any Defective Work or other fault or defect in the Project, prompt written notice thereof shall be given to the A/E, and CxA if applicable.
2.8 Legal Representation
2.8.1 The County shall not be responsible to provide or pay for any legal representation of the A/E.
2.9 Limitation of Authority
2.9.1 The A/E shall not have any authority to bind the County for the payment of any costs or expenses without the express written approval of the County. 2.9.2 The A/E shall have authority to act on behalf of the County only to the extent provided in this
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Agreement and the Contract Documents. 2.9.3 The A/E shall not have any authority to authorize the Construction Manager or any Subcontractor to perform additional or extra Work for which the Construction Manager or the Subcontractor will seek compensation or extension of time. 2.9.4 The A/E shall not be responsible for and shall not have control or charge of construction means, methods, manners, techniques, sequences, procedures of scheduling used by the Construction Manager or any Subcontractor to comply with the Construction Manager’s obligations for the Project or for safety precautions and programs in connection with the Work on the Project. The A/E shall not be responsible for or have control or charge over the acts or omissions of the Contractor or Subcontractors or any of their agents or employees, or any other Persons performing Work on the Project. 2.9.5 The A/E's authority to act on behalf of the County may be modified only by an amendment to this Agreement in accordance with Section 4.3.
2.10 Approval or Disapproval of A/E's Services
2.10.1 The County may disapprove any portion of the Services. 2.10.2 If the County disapproves of the Services at any Stage, the A/E shall proceed, when requested by the County, re-perform the Services to satisfy the objections without additional compensation to the A/E or its Consultants. 2.10.3 The A/E acknowledges that any review or approval by the County of any Services shall not relieve the A/E of the A/E's responsibility to properly and timely perform the Services.
2.11 Performance Evaluations
2.11.1 The County may evaluate the A/E during performance of the Services, at completion of a phase of the Project, completion of the Project, or any or all of the foregoing. The County shall retain the evaluation(s).
2.11.1.1 The A/E may request a copy of the completed evaluation(s). If the A/E wishes to comment upon or object to any rating or remark, the A/E must send a response in writing to the County within 30 days of receiving the evaluation(s). 2.11.1.2 The County may use the evaluation(s) in determining the qualifications of the A/E for future contracts. 2.11.1.3 The County may request information from the A/E for use in evaluating the Construction Manager's or County's performance. If such information is requested, the A/E shall comply in a timely and responsive manner.
ARTICLE 3 - CONSULTANTS
3.1 Consultant Services
3.1.1 The A/E may provide a portion of the Services through one or more Consultants, provided, however, that the A/E shall remain responsible to the County for all of the A/E's duties and obligations under this Agreement. 3.1.2 By appropriate written agreement, the A/E shall require each Consultant, to the extent of the Consultant's portion of the Services, to be bound to the A/E by the terms of this Agreement, and to assume toward the A/E all of the obligations and responsibilities that the A/E assumes toward the
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County.
3.1.2.1 The A/E shall not retain any Consultant on terms inconsistent with this Agreement. 3.1.2.2 All agreements between the A/E and a Consultant shall identify the County as the agreement's intended third-party beneficiary. 3.1.2.3 Upon the request of the County, the A/E shall submit to the County a copy of the agreement between the A/E and each Consultant.
3.1.3 The A/E shall obtain the County's written approval before engaging any Consultant not named in the Agreement. The A/E shall not employ any Consultant against whom the County has a reasonable objection. The County's approval or disapproval of a