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wmc_mob_cm_rfp_030314.pdf
REQUEST FOR PROPOSAL
PRE-CONSTRUCTION AND CONSTRUCTION
MANAGEMENT SERVICES
ON BEHALF OF
WESTCHESTER COUNTY HEALTH CARE CORPORATION AS
OPERATOR OF WESTCHESTER MEDICAL CENTER
VALHALLA, NY
MEDICAL OFFICE BUILDING
MARCH 3, 2014
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TABLE OF CONTENTS
I. INTRODUCTION AND OVERVIEW A. Westchester Medical Center B. Project Team
II. PROJECT BACKGROUND & SCHEDULE
III. RFP SCOPE A. Scope of Work
IV. CONTRACT PROCESS AND ADDITIONAL LEGAL REQUIREMENTS A. Contract/Agreement B. Additional Contract Provisions C. Confidentiality D. Limiting Conditions E. Reservation of Rights
V. RFP SELECTION CRITERIA & RESPONSE OUTLINE
VI. RFP SUBMISSION & COMMUNICATION PROCESS A. RFP Schedule B. RFP Submission & Communication Instructions
Exhibits:
Exhibit A – Preliminary Program, Site Plan and Basis of Design Exhibit B – Preliminary Geotechnical Investigation Exhibit C – Site Topographical Survey and other site information Exhibit D –Form of Proposal, Part 1, Preconstruction Services and Part 2, Construction Management Services Exhibit E –Vendor Debarment/Exclusion Questionnaire Exhibit F – Disclosure of Prior Non-Responsibility Determinations Exhibit G – MWBE Questionnaire Exhibit H – Construction Management Agreement (All Exhibits on FTP Site)
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All documents referenced above and in this RFP are available by following the directions below and
accessing the FTP site by entering the username and password:
http://hammesco.ftptoday.com
Username: WMC-MOB
Password: wmc-rfpdrawings
The external client/vendor recipient should:
FTP SOFTWARE OPTIONS:
For users connecting through the Java client (most common):
• Go to Internet Explorer • Type in the following: http://hammesco.ftptoday.com or http://74.126.93.204 • If a Warning – Security Window pops up Click <Yes> in order to load the Java applet • If an Internet Explorer Security window pops up Click <Allow> • Once the Java applet loads, the connect dialog box pops up, enter the following information in the
blank fields: Username: Login for client/vendor will be provided by Hammes Company Password: Password for client/vendor will be provided by Hammes Company
• The rest of the entries in the pop-up window (port, passive, etc.) should be left alone unless you are told to change them by ftpToday Support
For users connecting with other FTP Software: • Hostname: hammesco.ftptoday.com • Username: WMC-MOB • Password: wmcrfpdrawings • Default directory: Not necessary to set
AFTER ACCESSING THE SITE: • Zip database files first if you have not done so already • Downloading files: In the left pane click the folder you want the file(s) to be downloaded to. Then in the
right pane under My FTP Site click the entire client folder or file(s) you want to download from the client folder and click the left green arrow
• Uploading files: Do NOT upload any files to the site unless specifically requested
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I. INTRODUCTION AND OVERVIEW
Your firm is invited to submit a proposal for Pre-Construction and Construction Management Services for the new Westchester Medical Center (“WMC”) Medical Office Building (“MOB”). The project will be located on the main campus of WMC in Valhalla, New York. The site of the MOB will be located between the existing University Hospital and Taylor Pavilion buildings. The project team seeks qualified Construction Management firms (Contractor) with an understanding of, and deep experience with, constructing this type of building, and developing a well-coordinated construction project team.
This RFP is part of a competitive selection process undertaken by Hammes Company on behalf of WMC to identify an experienced, proven Contractor that will lead the construction team throughout the project design and construction phases and work in conjunction with the project architect, Perkins Eastman. A Contractor will be selected based on proposals submitted in response to this RFP. To be considered, please provide all the information requested in Sections I through V and the Cost Proposal Form of this RFP.
A. Westchester Medical Center
WMC is operated by Westchester County Health Care Corporation (“WCHCC” or “Owner”), a public benefit corporation established by the New York State Legislature pursuant to Article 10-C of the New York Public Authorities Law. On January 1, 1998, the facilities and operations of the Westchester County Department of Hospitals were transferred to the WCHCC and WCHCC is now responsible for the programs, services, and operations of WMC.
WMC is a regional, tertiary level academic medical center, composed of University Hospital, Maria Fareri Children’s Hospital at Westchester Medical Center, and the Behavioral Health Center. WMC serves as the Hudson Valley’s most advanced medical care and referral hospital, serving population of more than 3.5 million people. WMC is licensed to operate with a total of 652 patient beds, including 415 beds in University Hospital; 136 beds in the Maria Fareri Children’s Hospital at Westchester Medical Center; and 101 beds in the Behavioral Health Center that provides inpatient and outpatient psychiatric care.
With more than 900 attending physicians and 3,300 healthcare professionals, WMC delivers industry- leading advanced medical care in specialties and services ranging from, but not limited to: cardiovascular diagnostics; cardiothoracic surgery; vascular surgery; vein treatment; neurosciences; neurosurgery; neuro-psychology; neurovascular intervention; heart, liver, and kidney transplants; advanced obstetrics and gynecology; and robotic surgery. WMC is a Level I Trauma & Burn Center and a nationally recognized bariatric surgery center. WMC is also home to one of the most technologically and clinically proficient advanced imaging centers in the region.
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B. Project Team
Hammes Company has been retained by WMC to provide project management services through the duration of the project. The Hammes Company team includes:
• Regional Vice President • Vice President • Senior Project Executive • Project Executive
Perkins Eastman has been retained by WMC to provide architectural services. BR+A has been engaged under Perkins Eastman to provide MEP engineering services. Divney Tung Schwalbe is the building and site civil engineer.
The WMC team includes two committees working together to guide the project., the Oversight Committee which encompasses WMC senior leadership and the Building Committee, which will be the key operational committee for the duration of the project.
II. PROJECT BACKGROUND & SCHEDULE As currently proposed, the Project will consist of an approximately 260,000 gross square foot (gsf), seven-story MOB.
The objective of the building design and construction team is to achieve a best valued design, construction, and operation solutions that results in maximum value to Westchester Medical Center and its clinical service lines as the tenants.
The Conceptual Program, Floor-plans, Site-plan and Basis of Design are attached as Exhibit A, and represent a variety of clinical and other construction types including:
• Transplant Center
• Diagnostic Imaging
• Non-Invasive Cardiology
• Pharmacy
• Ambulatory Surgery
• Interventional Cardiology
• WMC Advanced Physician Services
• Third-Party Physician Office Space
• Lab
The Design Criteria for the Project includes the general criteria listed below:
• Building Size: Approx. 260,000 gross square feet
• Number of Floors: Seven (7) floors, plus basement
• Sustainability: LEED potential
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• Structural System: Structural Steel
• Glazing: Curtainwall at entrance tower. Predominantly punched windows on MOB
tower. Storefront accents in key entry areas
• Entry canopy for patient drop-off
• Mechanical Systems: Roof-top units and chiller plant with screening
• Interiors: Full development of all interior spaces on Levels B – 3
• Interiors: Shell space on Levels 4 – 7, potential to build-out this space as leases are executed
• Parking: Expansion of Lot ‘R’ by approximately 200 spaces for a new total of 631 spaces
• Parking: Expansion of existing parking garage (Lot ‘E’) by adding 300 new spaces
• Parking: Development of new 70 space physician parking lot immediately west of MOB
• The Preliminary Subsurface Investigation is attached as Exhibit B
• The Phase 1 Environmental Site Assessment is pending.
• The site topographical survey and other site details are attached as Exhibit C.
The Project is scheduled to open on or before September 30, 2016. Schematic design is underway with an early Foundation/Frame package expected to be delivered in July 2014.
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The selected firm will be required to coordinate with the selected Architect and complete the Project based upon a specified Project construction budget.
Preliminary Project Schedule
1. Complete CM RFP Process 4/11/14 2. Finalize Schematic Design Estimate 5/15/14 3. Foundation/Frame Design Package Released 7/15/14 4. Finalize Design Development Estimate 7/28/14 5. Foundation/Frame GMP 9/12/14 6. Finalize 50% Construction Document Estimate 9/1/14 7. Groundbreaking 9/26/14 8. Core & Shell Design Package Released 10/10/14 9. Core & Shell GMP 12/8/14 10. Interior Build-Out Package Released 1/21/15 11. Interior Package GMP 3/15/15 12. Substantial Completion/C of O (no later than) 9/30/16 13. Closeout, FF&E, owner occupancy 9/16 – 12/16
III. RFP SCOPE
A. SCOPE OF WORK
The Contractor shall be an integral part of the Project team. Contractor shall consult with Owner, Project Manager and Architect on all aspects of the Project and complete the work in accordance with the budget and specific milestones of the project.
The Scope of Work for the Contractor in this RFP is divided into two main phases, each with a distinct scope. These phases include:
Phase I: Pre-Construction Services
A. Cost Estimating: Support the preconstruction process by providing real-time cost estimating services, separate and concurrent with the Architect. Provide the following estimates:
1. Detailed construction cost estimate at 100% schematic design phase completion.
2. Revise the detailed construction cost estimate at 100% design development phase completion.
3. Revise the construction cost estimate at approx. 50% Construction Document completion.
4. Provide a Guaranteed Maximum Price (GMP) to Owner per design package.
5. Each estimate will be based on estimated quantities (not square foot costs) and provided in CSI divisions or equivalent and by component (sub-structure, structure/exterior, etc.).
6. Each estimate will also be broken down into four areas: foundation/frame, shell and core, interior improvements and site/parking.
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7. Estimates will be reconciled in coordination with the Project Manager at each phase.
8. Negotiate Project Labor Agreements with local unions.
B. System analysis: Provide input and cost estimates for alternative building materials and systems (ie: foundations, structural, mechanical and electrical) which may be considered during the design process.
C. Value engineering: Provide ongoing value engineering services during the design process. Prepare and keep up-to-date tracking logs to document approved and un-approved value engineering items. Also provide bid strategies for use of “alternates” to ensure meeting the planned target construction costs.
D. Total cost of ownership analysis: Provide life cycle cost information and evaluations as needed to assist Hammes Company in understanding and reducing the ongoing operating costs of the building
E. LEED analysis: Provide input to design team as requested on sustainability issues, including use and sources of reclaimed / recycled products.
F. Constructability analysis: Evaluate the design documents on an ongoing basis and recommend areas where details can be improved, simplified and clarified.
G. Document coordination: Participate in document coordination exercises with A/E team.
H. Team meetings: Participate in design and other related team meetings as requested to gain a thorough knowledge of the proposed scope of work. Assume attendance at bi-weekly meetings at the WMC campus during the process, plus a team building / kickoff meeting at project commencement.
I. Permit process: Assist owner and design team as necessary in permit process through the initial submission by design team.
J. Schedule: Develop an overall construction schedule and provide updates as necessary.
K. Long lead time items: Identify materials and equipment with long-lead times. Develop a procurement schedule for such equipment and materials consistent with the overall project schedule. Assist Owner in procurement, delivery, inspection, and storage and of any long lead items that Owner elects to purchase.
L. Site logistics planning: Develop a site logistics plan that takes into account the building site, parking and surrounding community. Include within this plan concepts for waste handling per WMC and LEED requirements.
M. Provide local input and feedback to the Owner’s team: Provide suggestions and recommendations regarding how to best engage local subcontractors and workers during the bid process. Offer input on improvements to the project based on local knowledge.
N. GMP Preparation: When the Pre-Construction Services by Contractor and the Preliminary Design Services by Architect are sufficiently complete, Contractor shall, as part of the Pre- Construction Services hereunder, propose a Construction Guaranteed Maximum Price (the “Construction GMP”), which shall be the sum of the estimated Cost of Contractor’s Work (as
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defined in the Construction Agreement) to be rendered by Contractor under the Construction Agreement, and the Contractor’s Fee (as defined in the Construction Agreement). At Owner’s option, upon acceptance of the GMP, the general conditions shall convert to a lump sum to be billed equally over the duration of the Project. No allowances shall be included in the GMP, and the Contractor shall hold the GMP price for up to sixty (60) days. The project is anticipated to have three (3) GMP phases –Foundations and Framing, Core & Shell and Interior Build-Out. The GMP will be fixed and will not be adjusted for any increases in time of completion, or for increases in management costs due to change orders. All savings shall accrue to the benefit of Owner.
Phase II: Construction Phase (including Close Out)
A. GMP Execution: Upon acceptance by Owner of the Construction GMP, the Contractor shall construct the project in accordance with the contract documents for the agreed upon GMP, and no construction phase work shall begin until a GMP is established.
B. Bidding:
i. The Contractor will be required to fulfill the role of the “Project Developer” as that term is defined by, and used in, New York Public Authorities Law § 3303 (9) and (10), including the requirements for public bidding including separate specifications and bidding for plumbing and gas fittings; steam heating, hot water heating, ventilating and air conditioning apparatus; and electric wiring and standard illuminating fixtures pursuant to the Wick’s Law. All construction work will be publicly bid and the Construction Manager may not self-perform work other than Division One Items. The Owner shall approve all awards of all construction subcontracts after evaluation and consideration of the recommendation of the Construction Manager. The Contractor must also satisfy statutory requirements for bonding of its construction Subcontractors. Contractor must comply with the requirements of all applicable federal, state and local laws.
ii. Manage, facilitate, and coordinate the bid phase to meet all procurement requirements. Make recommendations to Owner through Hammes.
iii. Assemble and distribute contract document work packages for bidding, confirm that all requirements have been made, all scope items covered.
iv. Receive bids, analyze and reconcile, and present bid results arrayed against the estimate for each individual work package for approval.
v. Receive and log all insurance certificates and other required start-up documents. vi. Establish and conduct pre-award meetings, pre-construction meetings.
C. Schedule: The Contractor shall complete the project in accordance with an agreed upon schedule (as defined in the Construction Agreement), with a completion by September 2016. The schedule shall include loss of work based on the normal weather pattern for the area.
D. Site: The Contractor shall control the site during construction but allow access to Owner, Project Manager, Architect and other Owner contractors/vendors at all times.
E. Permits: The permits shall be paid by the Contractor.
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F. Local Participation: Track use of local subcontractors and workers during the project, reporting on a monthly basis.
G. Owner Contractors: The Owner plans to select and pay for the following work: Test & Balance, Commissioning, Special (materials) Inspections, Soils Inspections, and physicist.
H. Coordination/Cooperation: The Contractor shall coordinate and cooperate with Owner, Project Manager, Architect and Owner contractors/vendors at all times.
In the event Owner elects to construct the Project, Owner shall have the right, in Owner’s sole and absolute discretion, not to retain Contractor to perform any services during the construction of the Project. Accordingly, Contractor shall not be entitled to any compensation for any services rendered by Contractor beyond the scope of the Pre-Construction Services. In the event Owner elects to proceed with the construction of the Project, and Owner elects, in Owner’s sole and absolute discretion, to retain Contractor to perform the construction services for the Project, Contractor and Owner agree to enter into a Construction Agreement. Owner also reserves the right to divide and contract separately for any portion of the work.
IV. CONTRACT PROCESS AND ADDITIONAL LEGAL REQUIREMENTS
A. CONSTRUCTION MANAGEMENT AGREEMENT
Owner will engage the Contractor using its form of Construction Management Agreement and other related contract documents (not AIA documents), which are attached hereto as Exhibit H. Any requested changes to these terms must be identified by the firm as part of the response to this RFP. Significant changes to these documents may be grounds for disqualification as determined solely by WMC.
A pre-contract engagement letter may be issued prior to contract execution.
B. ADDITIONAL CONTRACT PROVISIONS
I. MBE/WBE Participation. It is the policy of WMC to comply with all federal, state, and local laws, policies, orders, rules and regulations that prohibit unlawful discrimination because of race, creed, color, national origin, sex, sexual orientation, age, disability, or and marital status and to encourage the meaningful and significant participation at all levels (proposer, subcontractor, suppliers and others) for business enterprises owned by persons of color and women – Minority Business Enterprises and Women Business Enterprises (collectively, MWBEs).
WMC recognizes its obligation under New York State Executive Law Article 15-A to promote opportunities for maximum feasible participation of certified MWBEs in the performance of WMC contracts.
For purposes of this solicitation, WMC hereby establishes an overall goal of twenty percent (20%) for MWBE participation in the performance of the services or the supply of goods sought herein (based on the current availability of qualified MWBEs). The successful bidder/proposer
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must document good faith efforts to provide meaningful participation by MWBEs as subcontractors or suppliers in the performance of the contract in accordance with Executive Law Article 15-A.
Contractors found to have willfully and intentionally failed to comply with the MWBE participation goals as set forth in the final contract for the purchase of goods or services, may be deemed to be in breach of contract and WMC may withhold payment from the contractor as liquidated damages.
The directory of New York State Certified MWBEs can be viewed at: http://www.esd.ny.gov/mwbe.html.
II. Onsite Conduct. All Contractor personnel and the personnel of its Subcontractors and suppliers (collectively, “Contractor Personnel”) shall, at all times while present at the WMC campus, comply with WMC rules and regulations and the lawful directives of WMC security personnel and WMC administration. Contractor Personnel shall, at all times while present at the WMC campus, conduct themselves in accordance with WMC Policies and Procedures, including the WMC Code of Conduct, Sexual Harassment Policy, and Anti-Discrimination Policy. The Contractor shall promptly remove from the WMC campus any Contractor Personnel whose conduct the WMC reasonably determines to be objectionable.
III. I.D Badges, Security. All Contractor Personnel who perform any work or enter onto the Project site for any purpose, shall be required to obtain and wear temporary I.D. badges which shall be issued by Owner. Construction Manager its Contractors and Subcontractors and their respective employees shall at all times be subject to and follow the directives of the WMC Security forces and any and all other lawful authorities having jurisdiction.
IV. Electrical License Requirements. The Contractor shall ensure that the contractor for the electrical portion of the Project shall either hold licenses in the local jurisdictions in which the electrical work is to be performed or shall hold a license in any city in the County of Westchester. For purposes of this requirement, the license must be held either by the owner of the business if the contractor is a sole proprietor, by a general partner if the contractor is a partnership or by a person owning at least ten percent (10%) of the stock or by an officer if the contractor is a corporation.
V. Plumbing License Requirements. In accordance with the requirements of Chapter 277, Article XV of the Laws of Westchester County, no person shall perform plumbing work under any contract to be performed within the County of Westchester except: (i) a licensed Master Plumber; (ii) a certified Journey Level Plumber employed by and under the direction of a licensed Master Plumber; or (iii) an Apprentice Plumber working under the direct supervision and control of a Master Plumber or under the direct supervision and control of a certified Journey level Plumber in the employ of a licensed Master Plumber. In no event shall the Owner incur any liability to pay for any plumbing work performed in violation of the license requirements of Chapter 277, Article XV of the Laws of Westchester County. The Contractor shall be responsible to ensure that the Contractor for the plumbing contract portion of the Project
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possesses a valid Master Plumber’s license issued by the Westchester County Board of Plumbing Examiners pursuant to Chapter 277, Article XV of the Laws of Westchester County. Such license must be maintained at all times during the performance of the work contemplated under the contract
VI. Tax Exemption. Contractor shall pay all sales, consumer, use, and other similar taxes required to
be paid by Contractor in accordance with any Laws and Regulations which are applicable to Contractor during the performance of the Work. Nonetheless the Contractor should note that pursuant to Section 1115 of the New York State Tax Law, for capital improvement contracts entered into on or after September 1, 1974, all tangible personal property which will become an integral component of a structure, building or real property of New York State, or any of its political subdivisions or a public benefit corporation, including the Owner, is exempt from New York State and local retail sales tax and compensating use tax. The Contractor shall exclude dollar amounts for the payment of New York State and Local retail sales tax and compensating use tax, for tangible personal property as defined above. The Contractors and its Subcontractors shall be responsible to file the required Contractor Exempt Purchase Certificates required by the New York State Department of Taxation and Finance.
VII. Non – Discrimination. In performing its obligations the Agreement, the Contractor, and
any person working on the Contractor’s behalf, shall not discriminate, harass or intimidate any individual on account of race, creed, color, sex, age, disability, national origin, marital status, sexual orientation, genetic predisposition or carrier status. The Contractor expressly agrees:
a. that in the hiring of employees for the performance of work under this Agreement
or any subcontract or Agreement hereunder, no Contractor, subcontractor, nor any person acting on behalf of such Contractor or subcontractor, shall by reason of race, creed, color, national origin, age, sex, disability or marital status, discriminate against any citizen of the State of New York who is qualified and available to perform the work to which the employment relates;
b. that no Contractor, subcontractor, nor any person on his behalf shall, in any
manner, discriminate against or intimidate any employee hired for the performance of work under this Agreement on account of race, creed, color, national origin, age, sex, disability or marital status.
c. that there may be deducted from the amount payable to the Contractor by the
Owner under this Agreement a penalty of FIFTY ($50.00) DOLLARS for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provision hereof;
d. that this Agreement may be canceled or terminated by the Owner, and all monies
due or to become due hereunder may be forfeited, for a second or any subsequent violation of the provisions of this paragraph.
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VIII. Health Assessment. Owner reserves the right to require and Contractor and any Contractor Personnel shall upon the request of Owner ensure that any Contractor Personnel that will have access to clinical areas of WMC’s facility shall undergo a pre-placement assessment of health status, in accordance with the requirements of 10 NYCRR Section 405.3 and its policies and procedures as established from time to time, to make certain that they are free from health impairment which is of potential risk to patients and personnel as indicated by a recorded medical history, physical examination, immunizations and laboratory testing.
IX. NYS Labor Law, Prevailing Wages and Supplements. Contractor, its Contractors and Subcontractors shall, at their own cost and expense, comply with all provisions of the Labor Law, including, without limitation, Articles 8, 8-A and 9 thereof, the Lien Law, the Workers' Compensation Law and all other laws or ordinances affecting this Agreement. It is the responsibility of the Contractors or Subcontractors to ensure that the wages to be paid and the supplements to be provided comply in all respects with the requirements of applicable law. Each laborer, worker or mechanic employed by the Contractors, its Subcontractors or other persons doing or contracting to do the whole or any part of the Project described in the contract documents shall be paid the prevailing wages and provided the supplements (including but not limited to health, welfare and pension benefits) as required by Article 8 (Section 220-223) and Article 9 (230-239) of the New York State Labor Law. A “Schedule of Hourly Rates and Supplements” shall be set forth in each competitively bid contract showing the minimum hourly rates of wages which can be paid and the minimum supplements that can be provided as of the date of the schedule. Unless otherwise approved by Owner, such supplements shall be paid to a Federally qualified Pension, Health and Welfare program and New York State Registered Apprentice Training Program. In accordance with the requirements of New York State Labor Law section 220(3)(e) only employee apprentices who are registered under a bona fide New York State Registered Apprentice Training Program shall be employed to perform work on the Project. The Contractors and its Subcontractors shall certify all payrolls related to the Project and shall maintain certified copies of such payrolls at the site in a suitable location available for inspection.
C. CONFIDENTIALITY
WMC is subject to the New York State Freedom of Information Law (New York Public Officers Law, Article 6, Section 84-90). All RFP materials submitted by Respondents shall become the property of WMC. Any confidential, trade secret, or proprietary materials submitted in response to this RFP must be clearly marked and identified by the proposer in accordance with this section upon submission. Respondents must provide specific justification as to why disclosure of particular information in the proposal would cause substantial injury to the competitive position of the Respondent. Properly identified information that has been designated confidential, trade secret, or proprietary by the Respondent will not be disclosed except as may be required by the Freedom of Information Law or other applicable state or federal laws. Respondents who have a good faith belief that information submitted in their proposals is protected from disclosure under the New York Freedom of Information Law shall:
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Insert the following notice in the front of its proposal:
NOTICE
The data on all pages of this proposal contain technical or financial information
constituting trade secrets or information the disclosure of which would result in substantial
injury to the Respondent's competitive position.
The Respondent requests that such information be used only for the evaluation of the
proposal, but understands that any disclosure will be limited to the extent that Westchester
Medical Center considers proper under the law. If Westchester Medical Center enters into
an agreement with this Respondent, Westchester Medical Center shall have the right to use
or disclose such information as provided in the agreement, unless otherwise required by
law.
Clearly identify the pages of the proposals containing such information by typing in bold face on the top of each page:
THE RESPONDENT BELIEVES THAT THIS INFORMATION IS PROTECTED FROM
DISCLOSURE UNDER THE NEW YORK STATE FREEDOM OF INFORMATION
LAW.
Westchester Medical Center assumes no liability for disclosure of information identified by any Respondent as exempt from disclosure, provided that Westchester Medical Center has made a good faith legal determination that the information is not protected from disclosure under applicable law or where disclosure is required to comply with an order or judgment of a court of competent jurisdiction.
D. LIMITING CONDITIONS
1. Westchester Medical Center is procuring the Project using the RFP process because it is believed to be in Westchester Medical Center's best interest to do so, and not because of any legal requirement to do so.
2. The information contained in this RFP and in any subsequent addenda or related documents is provided as general information only. Westchester Medical Center does not make any representations, warranties, or guarantees of any type, kind or nature that the information contained herein is accurate, complete, or timely, or that such information accurately represents the conditions that would be encountered at the project location or any other portion of the Westchester Medical Center campus or its vicinity, past, present or in the future. The furnishing of such information in this RFP or elsewhere by Westchester Medical Center shall not create or be deemed to create any obligation or liability upon Westchester Medical Center for any reason whatsoever.
3. Each recipient of the RFP, by submitting a response to Westchester Medical Center, expressly agrees that it has not relied upon the foregoing information, and that it shall not hold Westchester Medical Center or any third party who provided information in connection with this RFP, liable or responsible therefore in any manner whatsoever.
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4. The expression of interest or the submission of qualifications, correspondence, documents, information or any other communications by any Respondent, or the acceptance thereof by Westchester Medical Center shall not impose any obligation on Westchester Medical Center to include a Respondent in any subsequent stages of the RFP process or any procedures that Westchester Medical Center may use prior to the final selection of a Respondent. Nor shall such expressions of interest or submissions create any obligation on Westchester Medical Center to select a Respondent, discuss any submission, or negotiate with a Respondent.
5. All RFP materials submitted by Respondents shall become the property of WMC.
6. No Respondent shall be entitled to any compensation or reimbursement for any costs or expenses incurred by the Respondent in connection with the Respondent's submission hereunder. No costs of responding to the RFP or any addenda thereto, or of attending any subsequent interviews or meetings in connection with this RFP, shall be reimbursed by Westchester Medical Center.
7. Westchester Medical Center may consult references familiar with the Respondent regarding the Respondent's prior operations and development or management projects, financial plan, past performance, experience and qualifications, or other matters, whether or not the specific individuals are identified in the response. Submission in response to this RFP shall constitute permission for Westchester Medical Center to make such inquiries, and authorization to third parties to respond thereto.
8. By submitting a response to this RFP, each Respondent certifies that: (a) the terms of its submission have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition; (b) no attempt has been made and none will be made by the Respondent to induce any other person, partnership, or corporation to submit or not to submit a response for the purposes of influencing competition; and (c) the terms of its response have not been and will not be knowingly disclosed, directly or indirectly, by the Respondent to any other Respondent or to any competitor prior to the official opening of such proposal.
9. Further, by submitting a response to this RFP, each Respondent certifies that no cash, equity interest, merchandise, equipment, services, or other forms of remuneration have been offered, shall be offered or will be paid or distributed by or on behalf of the Respondent to Westchester Medical Center or its employees, officers, directors, consultants, or their immediate family members as an inducement to purchase or to influence the selection of Respondent.
10. Notwithstanding anything to the contrary in this RFP, nothing contained in this RFP, a construction management agreement or any other document or other instrument related to or deriving from this RFP shall be construed to create a partnership, association or joint venture between or among Westchester Medical Center on one side and any Respondents, or other person or entity on the other side, nor shall any such document or instrument make Westchester Medical Center or any person liable for any debts incurred by any other party in the conduct of such party's business. It is understood that any relationship relating to any such ground lease, or related to any event in connection with any ground lease, is, and at all times shall remain, no more than that of landlord and tenant.
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11. Each person's or entity's participation in any portion of the submission or selection process described in this RFP shall be deemed to be such person's and entity's irrevocable acknowledgement of, and agreement with, each of the terms, conditions and provisions of this RFP, including, without limitation, each of the terms, conditions and provisions of this Part IV.
E. RESERVATION OF RIGHTS
Owner reserves the unqualified right, in its sole and absolute discretion, to:
1. Reject any or all submissions received in response to this RFP either on the basis of an evaluation of the factors listed in this RFP or for other reasons, including but not limited to the convenience of Westchester Medical Center;
2. Withdraw the RFP at any time with no recourse for any Respondent. In such event, Owner shall not be liable to any actual or potential Respondent for costs or expenses incurred by them as a result of the issuance and subsequent withdrawal of the RFP;
3. Request the clarification or revision of any submittal. Such request shall not be construed or interpreted by any Respondent to mean that Owner has made a determination that the Respondent shall be selected as the successful Respondent. Nor shall such request be deemed to impose any obligations whatsoever on Owner to compensate or reimburse the Respondent for any costs or expenses incurred in connection with its response to this RFP;
4. Require correction of arithmetic or other apparent errors for the purpose of assuring a full and complete understanding of a Respondent’s submittal and/or to determine a Respondent’s compliance with the RFP requirements;
5. Undertake discussions with one or more Respondents or any third party;
6. Proceed with any submittal or modified submittal, which in Owner’s judgment will best serve the interests of the institution;
7. Pursue any or all of the services described herein from alternate sources;
8. Disqualify any Respondent from any phase or component of the selection process or this development opportunity: (i) whose conduct and/or submittal fails to conform to the requirements of the RFP; or (ii) due to felonious or other criminal record in any jurisdiction;
9. Amend the RFP specifications to correct errors or oversights, or to supply additional information about the services sought as such information becomes available;
10. Request that Respondents submission modifications addressing subsequent amendments or addenda to the RFP. Such request shall not be construed or interpreted by the Respondent to mean that Owner has made a determination that the Respondent shall be selected as the successful Respondent. Nor shall such request be deemed to impose any obligations whatsoever on Owner to compensate or reimburse the Respondent for any costs or expenses incurred in connection with its response to this RFP;
11. Change any date set forth in this RFP;
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12. Waive any informalities or any non-material requirements of the RFP;
13. Negotiate with selected Respondents prior to contract award;
14. Require Respondents to submit best and final offers (“BAFOs”);
15. Award contracts to more than one successful Respondent;
16. Develop the Project using any chosen approach and on any schedule;
V. RFP SELECTION CRITERIA AND RESPONSE OUTLINE The proposals for Pre-construction and Construction Services shall provide the information necessary for an evaluation of each firm by the Project Team. The information provided in the proposals, coupled with possible interviews will provide the basis for selection.
The proposal shall provide the following information for the complete evaluation of your firm for this project:
1. Firm Overview, including as an exhibit to the proposal an AIA A305 statement.
2. Unique Qualifications of your firm for this project
3. Experience in:
a. Academic Medical Centers
b. Medical Office / Ambulatory Clinic Buildings of this approximate size
c. Campus construction
d. Lean Construction methods
e. Negotiating Project Labor Agreements with Unions
4. Proposed Staff assigned to the project with information on role, experience with similar projects, academic background, % allocation to project, and to include the CM’s Principal or Partner in charge that will be our point of contact throughout the project. Reference contacts for the individual that will lead the team from three former health care clients associated with projects similar to that described in this RFP, and reference contacts for a senior representative of two architectural and/or project management firms with experience in constructing similar projects to the subject project of this RFP utilizing your firm.
5. Any exceptions to the RFP or attached forms of agreement
6. Proposal for Pre-Construction Services:
a. Propose a fee for Pre-Construction Services in the form of proposal attached as Exhibit I, Part 1, divided into major tasks and defined by hourly rates and hours budgeted. Note
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that the budgeted hours are a not to exceed estimate of hours required for each phase of the pre-construction services. Office support and profit are included in these hourly rates. Provide a separate not to exceed amount for reimbursable expenses including travel, reproduction and shipping of contractor generated materials.
7. Proposal for Construction Services:
a. Propose a fee for Construction Services in the form of proposal attached as Exhibit I, Part 2 and providing the following detail:
i. Fee as a percentage of construction costs.
ii. Identify and list the current percentages to be added to the direct labor costs to cover all taxes, insurance and other employee benefits.
iii. Propose a methodology and an example of change order mark up. For such items as owner scope changes/unforeseen conditions.
iv. Propose a methodology for Insurance and include current insurance rate you propose to charge for this project
v. Propose a methodology for bonding and include both bond premium rates for sub- guard and for a Payment & Performance Bond. Include your current total bonding capacity and current available capacity.
vi. As an exhibit to the proposal, provide a detailed breakdown of proposed General Conditions based on the current understanding of the project scope and schedule.
vii. As an exhibit to the proposal, provide a detailed (not a cost/SF) construction budget and estimate (inclusive of Cost of the Work, Fee, Insurance, et al) for the project. Costs should be broken down into Core & Shell, Interior Build-Out, Sitework and Parking.
8. Signature of authorized representative of the firm after the following statement:
“This proposal represents conformance with requirements of the RFP, and our good faith effort to enter into contract documents recognizing that specifics of the project may reasonably vary
from outline information contained herein.”
V. RFP SUBMISSION & COMMUNICATION PROCESS
A. RFP Schedule
A walk-through and tour of the existing facilities and property is scheduled at 10:00am on March 7, 2014. Attendance is not a requirement for submission. 1. Contractor RFP issued 3/3/14 2. Contractor Walk Through 3/7/14 3. Questions Due 3/12/14 4. Proposals due 3/24/14
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5. Notify firms short-listed for interview 3/27/14 6. Interviews (Approximately) 3/31/14 7. Selection of Contractor firm 4/4/14 8. Pre-contract engagement letter/NTP 4/11/14
B. RFP Submission & Communication Instructions
Please follow fill out Exhibit D – Form of Proposal followed by information as outlined in Section IV above.
Please do not direct communications regarding this RFP to WMC, or any WMC facility, their employees, or other related organizations such as Boards of Directors, Foundations, etc. In addition, do not make any contact with any governmental agencies including Westchester County or the State of New York without first obtaining permission from WMC. WMC retains the right to disqualify any Respondent that contacts any of these individuals or organizations concerning this RFP.
All questions or inquiries must be made in writing and directed to, the Designated Contact, Kyle Marden at the mail or e-mail address provided below. Questions are encouraged and will be shared with all recipient firms of the RFP. All questions are due by Noon on Wednesday, March 12th, 2014. Responses will be issued on Tuesday March 17
th , 2014.
Please forward eight (8) bound copies and one electronic copy of your Proposal for Pre-Construction and Construction Services to the following Hammes Company representatives by 4:00 PM EST, Friday, March 21st, 2014.
Proposals shall be provided in a minimum 11 font, letter size (8 ½” X 11”) document and shall be limited to thirty five (35) pages of information and specific requirements described above.
The proposal and any questions should be sent to the address and e-mail listed below:
Westchester Medical Center Legal Affairs Westchester County Health Care Corporation Executive Offices at Taylor Pavilion Office of Legal Affairs 100 Woods Road Valhalla, New York 10595
Attn: Kyle Marden [email protected]
With additional electronic copies sent to [email protected], [email protected], [email protected] and [email protected]
Any attempt to directly contact and influence anyone associated with this project after receipt of
this Request For Proposal except as provided herein will be grounds for disqualification at the sole
prerogative of the owner.
Thank you in advance for your efforts in responding to this request.
