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HomeMy WebLinkAboutR13- Economic Development ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO REQUEST FOR COMMISSION/COUNCIL ACTION FROM: BARBARA J.LINDSETH SUBJECT: CONSTRUCTION Acting Director MANAGEMENT SERVICES FOR MULTI-USE MINOR LEAGUE STADIUM DATE: March 15, 1995 --------------------------------------------------------------------------------------------------------------------------------------------- Synopsis of Previous Commission/Council/Committee Action(s): The Commission has discussed during several previous meetings a proposed baseball stadium for San Bernardino. These discussions resulted in the approval of the issuance of an RFP on February 21, 1994. (SYNOPSIS CONTINUED TO NEXT PAGE...) --------------------------------------------------------------------------------------------------------------------------------------------- Recommended Motion(s): (Community Development Commission) MOTION: That the Community Development Commission approve a Construction Management form of construction for the Multi-Use Stadium project,as recommended by the Redevelopment Committee,and authorize staff to advertise for Request for Qualifications for Construction Management Services. Administrator BARBARA J.LINDSETH Acting Director --------------------------------------------------------------------------------------------------------------------------------------------- Contact Person(s):Timothy C. Steinhaus/Ray Salvador/Lu Barowoj Phone: 5081 Project Area(s): Central City South(CCS) Ward(s): Three 3) Supporting Data Attached: Staff Report FUNDING REQUIREMENTS: Amount:$ N/A Source: N/A Budget Authority: N/A --------------------------------------------------------------------------------------------------------------------------------------------- Commission/Councii Notes: ---------------------------------------------------------------------- TCS:RS:LB:pawatadium.cdc COMMISSION MEETING AGENDA Meeting Date: 03/20/95 Agenda Item No:A 13 ECONOMIC DEVELOPMENT REQUEST FOR COMMISSION/COUNCIL ACTION Construction Management Services For Multi-Use Minor League Stadium ,,,.. Prepared: March 15, 1995 Page-2- Synopsis of Previous Commission/councUlCommittee Action(s)Continued... On April 4, 1994,the Community Development Commission authorized staff to retain KPMG Peat Marwick to conduct a financial feasibility study for a multi-use baseball stadium. On July 18, 1994,the community Development Commission authorized staff to prepare a financing plan and prepare alternate stadium uses. Subsequently,on September 6, 1994,the Community Development Commission approved a financing plan for a new baseball stadium. On October 3, 1994,the Community Development Commission approved the selection of HOK Sports to provide design services for the new stadium. On December 5, 1994,the Community Development commission authorized a contract for the preparation of an EIR. On February 20, 1995,the Community Development Commission continued this item on March 6, 1995. On March 13, 1995,the Community Development Commission referred item to RDA Committee. On March 15, 1995,the RDA Committee recommended the use of a construction manager for the stadium project and instructed staff to issue a ten(10)day Request for Qualification(RFQ). ------------------------------------------------------------------------------------------------------------------------------------------------------ ---------------------------------------------------------------------- TCS:RS:LB:paw:stadium.cdc COMMISSION MEETING AGENDA Meeting Date: 03/20/95 Agenda Item No: 13 ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO STAFF REPORT --------------------------------------------------------------------------------------------------------------------------- CONSTRUCTION MANAGEMENT SERVICES FOR MULTI-USE MINOR LEAGUE STADIUM Staff seeks authorization to advertise construction Management Services for the proposed Multi-Use Minor League Stadium. BACKGROUND On March 15, 1995,the RDA Committee discussed the use of a construction manager for the multi-use stadium. The Committee experienced concerns that the selection process previously used did not encourage local participation. The Committee recommended that the Agency use its standard ten(10)day advertising process for Request for Qualifications for Construction Management Services. �.... Such advertising for Construction Management Services will be advertised in the Sun's telegram,Los Angeles Times,El Chicano and Hispanic and Precinct Reporter,which are recognized newspapers of general circulation. RECOMMENDATION In order to maintain the proposal schedule for completion of the Multi-Use Stadium,and to allow use by the Spirit Baseball Team by opening day 1996,the Agency must take an aggressive construction approach. Agency staff has developed a Request for Qualifications(RFQ)for Construction Management Services for the stadium project and requests authorization for public notice of the Request for Qualifications(RFQ)and authorization for its distribution. Final recommendation of staff will be presented to the Commission at the first scheduled meeting. Based upon the foregoing,staff recommends adoption of form motion. ki, cam_ �/ BARBARA J.LINDSETH,Acting Director Development Department ---------------------------------------------------------------------- TCS:RS:LB:paw:stadium.cdc COMMISSION MEETING AGENDA Meeting Date: 03/20/95 Agenda Item No:�_ REQUEST FOR QUALIFICATIONS CONSTRUCTION MANAGEMENT SERVICES SAN BERNARDINO MULTI-USE STADIUM PROJECT INTRODUCTION The City of San Bernardino Economic Development Agency (Agency) is preparing designs for construction of a minor league baseball stadium to replace Fiscalini Field as the home of the San Bernardino Spirit. The new stadium will be located in downtown San Bernardino's Central City South redevelopment project area. The proposed facility will provide fixed seating for 5,000 spectators at a baseball event. The stadium will also have the ability to host such venues as soccer, concerts, center ring boxing and wrestling, civic gatherings, convocations, and other types of public assembly events. The stadium will consist of a natural turf playing field, spectator and team facilities, including concessions, toilets, administrative offices, press box, private suites, storage, parking, utilities, landscaping and other improvements typical of professional baseball stadiums. The firm of Hellmuth, Obata&Kassabaum, Inc. (HOK), and its consultants, have been retained by the Agency to provide professional services for the design of the stadium. The design team consists of firms from the Southern California area, as well as other parts of the country. The firm is in the final stages of the design process. SCOPE OF SERVICES The scope of services anticipated for successful completion of this project is provided in detail in EXHIBIT "A", attached to this RFQ for your review. CRITERIA FOR SELECTION The contract will be awarded to the most qualified firm, or team of firms. The most qualified Construction Manager must be able to demonstrate compelling ability to meet the following criteria in providing the services necessary for the project. 1. Have the adequate technical and financial resources for performance. Such resources shall include project management, estimating, structural/civil and mechanical/electrical staff. 2. Have the necessary Construction Management experience in Southern California to undertake the work as required in the Scope of Services. 3. Have a positive record of performance on past 4rfi iTy-projects. 4. Have a positive record of project completion with respect to estimating to a defined project budget. 5. Have a good understanding of the scheduling requirements o a as al s um. SUBMISSION REQUIREMENTS The Construction Manager's Qualifications shall contain the following information: 1. A brief introduction of the proposed team arrangement that identifies each member, as well as organization and relationship structure. REQUEST FOR QUALIFICATIONS CONSTRUCTION MANAGEMENT SERVICES SAN BERNARDINO MULTI-USE STADIUM Page 2 2. Identify experience on projects of comparable size with particular emphasis on sports facilities. Provide owner/project manager names, addresses and phone numbers, size and description of facility, cost, date of construction/completion and specific role/services performed by firm. Describe previous experience with public sector projects subject to competitive bidding/procurement and prevailing wage requirements. 3. Identify key personnel who will be assigned to this project including summaries of qualifications and relevant experience. 4. Submit documentation of estimator's track record on construction management projects in Southern California. Provide summaries of initial estimates and final bid amounts for specific projects. 5. Prepare a clear and precise statement as to the date the construction management staff will be able to begin providing the requested services. 6. Prepare a preliminary project schedule based upon the project description and your previous sports facility experience. 7. Submit evidence of financial ability to undertake the work as outlined in the scope of services. 8. Demonstrate ability to meet the M/WBE goals and submit a copy of your affirmative action plan. SUBMITTAL INFORMATION All questions relating to this request for qualifications should be directed to: Mr. Lu Barowcj, Project Manager Mr. Bruce Beahm, AIA Economic Development Agency Project Architect City of San Bernardino Hellmuth, Obata & Kassabaum 201 North E Street 323 West 8th Street Ste.700 San Bernardino, CA 92401 Kansas City, MO 64105 PHONE: (909) 384-5081 PHONE: (816) 221-1576 FAX: (909) 384-5434 FAX: (816) 221-1578 LIMITATIONS 1. All information and materials submitted will become the property of the Agency. Construction Managers should not submit proprietary or confidential business information unless they believe such information is critical to the presentation. Proprietary information should be clearly identified as such. The Agency will protect such proprietary or confidential information to the extent the law allows. 2. This request for qualifications does not commit the Agency to award a contract or contracts or to pay any costs incurred in the preparation of response to this request. 3. The Agency reserves the right to accept or reject any or all proposals received as a result of this request; to negotiate with qualified Construction Managers, or to cancel in part or in its entirety this request for qualifications, if it is determined to be in the best interest of the Agency to do so. REQUEST FOR QUALIFICATIONS CONSTRUCTION MANAGEMENT SERVICES SAN BERNARDINO MULTI-USE STADIUM Page 3 PROPOSAL SCHEDULE Proposal Submittal deadline: 12:00 Noon, April 10, 1995. Target date for selection of Construction Manager: April 14, 1995. Target date for contract start: April 18, 1995. CONTRACTUAL REQUIREMENTS The successful respondent will enter into a contract with the Agency to provide the construction management services as proposed. The requirements for a contract include: 1. Proof of insurance for workers compensation, disability benefits, comprehensive general liability of$1 million; comprehensive auto liability of $1 million and provide to the Agency a certificate from the insurance company naming the Agency as additional insured. 2. The length of the contract shall be negotiated with the selected Construction Manager. EXHIBIT "A" SCOPE OF WORK Construction Manager's Scope of Work shall include the following: DESIGN PHASE 1. Consultation. Schedule and attend regular meetings with the Architect and engineers retained by Agency during development of conceptual and preliminary design to advise on selection of materials, building systems and equipment. Provide recommendations for construction feasibility, availability of materials and labor, time requirements for installation and construction, and factors related to cost including costs of alternative designs or 'materials, preliminary budgets, and possible economies. 2. Scheduling. Develop a Schedule of Performance which coordinates and integrates the design efforts of the Architect and engineers with construction schedules. Update the Schedule of Performance incorporating a detailed schedule for construction including realistic activity sequences and durations, allocation of labor and materials, processing of shop drawings and samples, and delivery of products requiring long lead time procurement. 3. Construction Budget. Prepare a construction budget for Agency approval and update as development of the drawings and specifications proceed. Advise Agency if the construction budget shall not be met and recommend corrective action. The budget for construction of the Stadium shall not exceed EIGHT MILLION TWO HUNDRED THOUSAND DOLLARS ($8,200,000). 4. Coordination of Contract Documents. Review drawings and specifications prepared by Architect and engineers, recommending solutions when design details affect construction feasibility or the Schedule of Performance. 5. Construction Planning. Recommend and expedite procurement of long lead items to ensure delivery by required dates. Facilitate bidding and award of trade contracts by recommending the appropriate division of labor for trade contracts. Recommendations shall allow for phased construction based on time of performance, availability of labor, and overlapping of trade jurisdictions. 6. Design Review. Review drawings and specifications with Architect and engineers to eliminate areas of conflict and overlapping of construction work performed by trade contractors in accordance with Section 5. Develop bid specifications with Agency and review bids. Exhibit A-1 CONSTRUCTION PHASE 1. Project Control. Monitor all construction work of trade contractors. Coordinate such work with the activities and responsibilities of Agency, the Architect, and engineers. a. Maintain a full time superintendent at the Site to coordinate and provide general direction of construction and progress of trade contractors. b. Establish on-site organization and lines of authority to expedite construction. C. Establish procedures for coordination among Agency, Construction Manager, and trade contractors. d. Schedule and conduct progress meetings when Agency, trade contractors, Construction Manager, Architect, and engineers can discuss construction, including procedures, progress, problems, and scheduling. e. Monitor compliance with the Schedule of Performance as construction progresses. Identify potential variances between scheduled and probable completion dates. Review the Schedule of Performance for necessary adjustments. Provide summary reports of each monitoring and document changes in the Schedule of Performance. f. Determine adequacy of personnel of trade contractors, their equipment, and the availability of materials and supplies to meet the Schedule of Performance. Recommend action to Agency when trade contractor does not satisfy its contractual requirements. 2. Physical Construction. Provide supervision, labor, materials, construction equipment, and tools necessary for completion of construction which are not provided by Agency or trade contractors. 3. Cost Control. Develop and monitor an effective system of cost control. Revise the construction budget approved by Agency, incorporate approved changes, develop cash flow reports and forecasts as needed. Identify variances between actual and budgeted or estimated costs, and advise Agency, Architect and engineers when projected cost exceeds the budget. Maintain cost accounting records on construction work performed by all trade contractors. Provide Agency access to such records and maintain records for a period of three (3) years after final payment of fees and reimbursable expenses to Construction Manager. 4. Change Orders. Develop a system for preparation, review, and processing change orders necessitated by a change in construction. Recommend changes to Agency, Architect, and engineers, receive requests for changes, and assist in negotiating change orders with Agency. Exhibit A-2 b 5. Payment to Trade Contractors. In conjunction with Agency, develop a procedure to review, approve, process, and pay trade contractors. 6. Permits and Fees. Assist Agency in obtaining all building permits, special permits and approvals from authorities with jurisdiction over the Site. 7. Agency Consultants. Assist Agency in selecting, retaining, and coordinating professional services including services of surveyors, special consultants, and testing laboratories. 8. Ins ep ction. Inspect construction work of trade contractors for defects and deficiencies. Review safety programs of trade contractors and make appropriate recommendations. Performance of such services by the Construction Manager shall not relieve trade contractors of their responsibilities for the safety of persons and property, compliance with all federal, state and local statutes , rules, regulations, and orders applicable to their conduct. 9. Document Interpretation. Refer questions to Architect and engineers for interpretation of documents prepared by Architect and engineers. 10. Shop Drawings and Samples. In collaboration with Architect and engineers establish procedures for expediting processing and approval of shop drawings and samples. 11. Reports and Site Documents. Record the progress of construction of the Stadium. Submit written progress reports to Agency, Architect, and engineers, including information on the construction work of trade contractors and the percentage of completion. Construction Manager shall maintain a daily log available to Agency. Maintain current records of all contracts between Agency, Construction Manager, and trade contractors; drawings, samples, purchases, materials, equipment, maintenance and operating manuals and instructions; and other construction related documents. At the completion of construction, Construction Manager shall deliver all such records to Agency. 12. Substantial Completion. Determine a date of substantial completion of construction of the Stadium which shall be included in the Schedule of Performance, and prepare a list of incomplete or unsatisfactory items for Architect and a schedule for their completion. 13. Final Completion. Determine a date of final completion and provide written notice to Agency that the Stadium is ready for final inspection. Secure and transmit to Agency required guarantees, affidavits, releases, bonds, and waivers. Provide Agency all keys, manuals, record drawings and maintenance stocks. Exhibit A-3 AGREEMENT FOR PROFESSIONAL SERVICES Agreement No. THIS AGREEMENT made and entered into this day of 1995 by and between the COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, on behalf of the ECONOMIC DEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO, a public agency ("Agency"), and the firm of RECITAL 1. Purpose The purpose of this Agreement is to allow the Agency to procure the services of a experienced professional firm to provide Construction Management Services for the San Bernardino Multi Purpose Stadium. 2. Mission Agency hereby retains Consultant in the capacity as Consultant for provision of services described. Consultant hereby accepts such responsibility as described herein. 3. Terms This Agreement shall commerce as of the day and year first above shown and shall remain in full force and effect for a period of unless sooner terminated as provided herein. The Director of the Agency or designee is authorized to extend this Agreement for up to and approve line item adjustments to the Agreement for up to and approve line item adjustments to the Agreement's program budget as long as either of such amendments are upon the same terms and conditions as specified herein. 4. CONSULTANT RESPONSIBILITIES Upon request of the Agency's Director, or designee, Consultant shall complete the work program described in Attachment "I". Consultant commits the principal personnel, listed below, to the project for its duration: Consultant: 5. REPLACEMENT OF NAMED PERSONNEL It has been determined that the individual(s) named in this Agreement are necessary for the successful performance of this Agreement. No diversion or replacement of these individual(s) shall be made by Consultant without written consent of Agency, provided that Agency may ratify, in writing, within ten (10) business days of diversion or replacement and such ratification shall constitute the consent of Agency required by this clause. If Agency fails to respond to Consultant within ten (10) days of notification by Consultant, said personnel diversion or replacement shall be deemed approved. 6. RELEASE OF NEWS INFORMATION No news release, including photographs, public announcements or confirmation of same, of any part of the subject matter of this Agreement, or any phase of any program hereunder, shall be made without the prior written approval of the Agency's Director or designee. 7. CONFIDENTIALITY OF REPORTS Consultant shall keep confidential all reports, information and data received, prepared or assembled pursuant to performance hereunder in addition to any other documents which the Agency designates as confidential. Such information shall not be made available to any person, firm, corporation or entity without the prior written consent of Agency. 8. COMPENSATION During the term of this Agreement, Agency shall pay Consultant, for each work component the fixed, not to exceed, fee described in Attachment II, the program budget. Said compensation shall be considered full and complete reimbursement for all of Consultant's costs associated with the services provide hereunder. The Maximum compensation for services, including all Consultant's costs, under the terms of this Agreement, shall not exceed $ Consultant shall be paid in accordance with Agency's standard accounts payable system. Invoices shall be approved by Agency's Director or designee. 9. RIGHT To AUDIT Agency, or any of its duly authorized representatives, shall have access to any books, documents, papers, and/or records of Consultant and/or its subcontractors which are pertinent to the specific program hereunder for the purpose of making an audit, and examination, excerpts, and/or transcriptions. All books, records, and supporting detail shall be retained for a period of five (5) years after the expiration of the term of this Agreement, or any extension thereof, or for any longer period of time as required by law. 10. AUDIT EXCEPTIONS Consultant agrees that in the event the program established hereunder is subjected to audit exceptions by appropriate audit agencies, it shall be responsible for complying with such exceptions and paying Agency the full amount of liability resulting from such audit exceptions. 11. AGENCY SUPPORT Agency shall provide Consultant with any plans, publications, reports, statistics, records or other data or information pertinent to the services to be provided hereunder which are reasonable available to Agency. 12. INDEPENDENT CONTRACTOR Consultant shall perform the services contained herein as an independent contractor and shall not be considered an employee of Agency. This Agreement is by and between Consultant and Agency, and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, between Agency and Consultant. 13. CONFLICT OF INTEREST Consultant agrees for the term of this Agreement not to enter into any agreement that will ensure to the detriment of the City of San Bernardino or its Economic Development Agency. 14. SUCCESSOR AND ASSIGNMENT The services as contained hereinare to be rendered by cOonsultant whose name is as appears first above written and said Consultant shall not assgin nor transfer any interest in this Agreement without the prior written consent of Agency. 15 . INDEMNIFICATION Consultant agrees to indemnify, defend (upon request by Agency) and save harmless Agency, its agents, officers and employees from and against any and all liability, expense, including defense costs and legal fees, and claims for damages of any nature whatsoever, including, but notlimited to, bodily injury, death, personal injury or property damage arising from or connected with Consultant's operations, or its services hereunder, including any workers' compensation suit, liability or expense, arising from or connected with the services performed by or on behalf of Consultant by any person pursuant to this Agreement. 16. INSURANCE Without limiting Consultant's indemnification of Agency, Consultant shall provide and maintain at its own expense during the term of this Agreement the following program(s) of insurance covering its operation hereunder. Such insurance shall be provided by insurer(s) satisfactory to Agency and evidence of such programs satisfactory to Agency shall be delivered to the Executive Director of Agency or designee within ten (10) days of the effective date of this Agreement . GENERAL LIABILITY: A program including, but not limited to, comprehensive general liability with a combined single limit of not less than $1.000 000 per occurrence. Such insurance shall be primary to and not contributing with any other insurance maintained by Agency, and shall name Agency as an additional insured. 17. COMPLIANCE WITH LAWS The parties agree to be bound by applicable federal, state and local laws, regulations and directives as they pertain to the performance of this Agreement. 18. NON-DISCRIMINATION In the fulfillment of the program established under this agreement, either as to employment, upgrading, demotion, transfer recruitment or recruitment advertising, layoff or termination, rates of pay or other terms of compensation, selection for training, including apprenticeship or participation in the program or the receiving of any benefits under the program, consultant agrees not to discriminate nor to allow any subcontractor to discriminate on the basis of race, color, creed, religion, natural origin, ancestry, sex, martial status or physical handicap. 19. SEVERABILITY In the event that any provision herein contained is held to be invalid, void or illegal by any court of competent jursidicition, the same shall be deemed severable from the remainder of this Agreement and shall in no way affect, impair or invalidate any other provision contained herein. If any such provision shall be deemed invalid due to its scope or breadth, such provision shall be deemed valid to the extent of the scope of breadth permitted by law. 20. INTERPRETATION No provision of this Agreement is to be interpreted for or against either party because that party or that party's legal representative drafted such provision, but this Agreement is to be construed as if it were drafted by both parties hereto. 21. ENTIRE AGREEMENT This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the retention of Consultant by Agency and contains all the covenants and agreements between the parties with respect to such retention. 22. WAIVER No breach of any provision hereof can be waived unless in writing. Waiver of any one breach of any provision shall not be deemed to be a waiver of any other breach of the same or any other provision hereof. 23. CONTRACT EVALUATION AND REVIEW The ongoing assessment and monitoring of this Agreement is the responsibility of Agency's Director or designee. Director has authority to make determination as required in sections 3, 5, 6, 7, 8, 13, 14, 16, 22, 23, and 24. 24. Termination This Agreement may be terminated by either party by giving written notice at least-fourteen (14) days prior to the effective termination date in the written notice. 25. Notice Notices, herein shall be presented in person or by certified or registered U.S. mail, as follows: To Consultant: To Agency: Director ECONOMIC DEVELOPMENT AGENCY of the City of San Bernardino 201 North "E" Street, Third Floor San Bernardino, California 92401-1507 Nothing in this paragraph shall be construed to prevent the giving of notice by personal service. 26. ENTIRE AGREEMENT This Agreement with attachments constitutes the entire understanding and agreement of the parties. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day and year first above shown. COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO, on behalf of the REDEVELOPMENT AGENCY OF THE CITY OF SAN BERNARDINO By: Acting Director, Development Department APPROVED as to form and legal content: By: Agency Counsel CONSULTANT By: Name Title: prfsvc.agr 7