Facilities Space Study for the City of Derby

Space Study Submission Form

Future Derby Senior Center

Derby Police Department Floor 1

Derby Policy Department Floor 2

Current Senior Center & Welcome Center

City Council Room

REQUEST FOR PROPOSALS

#2023-018

Facilities Space Study for the City of Derby

DATE 7/14/2023

The City of Derby, Kansas (hereinafter referred to as the “City”) invites proposals of q ualified consultants to submit a response to this Request for Proposal (RFP) for review and consideration by the City of Derby, Kansas to perform a space needs analysis of selected facilities as identified below.

Please carefully review this document. If you are interested in making a proposal consistent with the conditions, instructions, requirements, and specifications as contained herein, submit 5 copies of the Proposal Response Form together with a comprehensive proposal in a sealed envelope no later than 1:00 p.m. on Friday, August 18, 2023 . The outside of the envelope should be clearly marked with the Proposer’s name and address and identified as “Submission of Proposal- Facilities Space Study for the CITY OF DERBY”. The sealed envelope should be addressed as follows:

Derby City Clerk

611 N. Mulberry Road, Suite 300

Derby, KS 67037

RFP # 2023-018

All proposals must be valid for 120 days. It is the sole responsibility of the proposer to see that its response and the appropriate documents are delivered on time. Any response received after the scheduled closing time for receiving proposals will be returned to the proposer unopened and will not be considered. It is the responsibility of the proposer to check Derby’s website for information and updates and acknowledge all addenda in its response.

Information provided in a proposal will be considered proprietary and will not be divulged during the proposal review process unless otherwise required by law. Because the services sought will require the expenditure of public funds, part or all of the successful proposal, as well as a resulting contract, will likely be public records within the meaning of the Kansas Open Records Act. Prior to acceptance of a proposal, the information contained in each proposal will be used for evaluating the proposer’s ability to handle the scope of services and will not be shared with persons not involved in the evaluation of proposals unless otherwise required by law.

Tom Keil

Assistant Public Works Director

ABOUT THIS DOCUMENT

This document is a Request for Proposals. It differs from a Request for Bids/Quotations in that the City is inviting proposals that are most advantageous to Derby, in Derby’s sole discretion.

This is not a bid/quotation meeting firm specifications for the lowest price, and as such, the lowest price proposed will not guarantee an award recommendation. Competitive Sealed Proposals will be evaluated based upon criteria formulated around the most important features of the service, of which quality, references, availability or capability, may be overriding factors.

Proposal evaluation criteria will be used as standards by which to measure how well a proposer’s approach addresses Derby’s objectives and needs. Criteria that will be considered in evaluating proposals are set forth in this RFP. Derby will thoroughly review all proposals received and may conduct an interview process for top proposals to further discuss services and pricing. A proposer’s initial offer should therefore be based on the most favorable terms available from a price and technical standpoint. Derby reserves the right to conduct discussion or negotiation with any proposer regarding any proposal Derby deems competitive. Derby may also request best and final offers from any proposers and make an award or conduct negotiations thereafter. Derby reserves the right to select and recommend for award the proposal which best meets its required objectives and needs, in the sole discretion of Derby, or to reject all proposals.

Questions regarding this document must be submitted in writing to Tom Keil, Assistant Public Works Director, at tomkeil@derbyweb.com For security reasons, you must enable JavaScript to view this E-mail address. by 5:00 p.m. on July 28, 2023. Questions of a substantive nature will be answered in writing as an addendum and posted on the City’s website, www.derbyks.com, by 5:00 p.m. on August 4, 2023. Guided site visits are scheduled on July 25, and 26, at 3 p.m. and will begin at the future Derby Senior Center located at 1315 S. Rock Road.

BACKGROUND, PROJECT OVERVIEW and OBJECTIVES

The City of Derby is a fast-growing, progressive community located 10 minutes south of Wichita. The City of Derby has a population that is approaching 26,000 and is a full-service city providing water, sewer, police, fire, and other municipal services in the metropolitan area of south-central Kansas. The City of Derby is served by two major north/south traffic corridors. The City operates under a Mayor/Council/Manager form of government. The City is issuing this RFP for a study of three City facilities. The City is seeking a space-planning firm or team of architect and engineering professionals with experience in renovation concept planning. The selected firm will work with City of Derby staff and decision-makers to provide an assessment of space needs, concept plan, cost estimating, and possible project phasing. Plan options must give the flexibility to adapt to future needs. In particular, the City is seeking a consultant to prepare a facility space needs study with program development, site assessment, estimates of probable cost, and up to three conceptual design layouts of repurposed and or remodeled facilities. The successful consultant may contract with a civil engineer and/or other consultants to complete the work described in the RFP.

The City initially had plans for a space study to look at expanding and/or remodeling the Police and Courts Building. As the department grew the amount of office and training space had become an issue. This year the Cross of Glory Lutheran Church graciously decided to donate their facility and site to the City for the future use as a Senior Center. After that decision was made, this year, the space study was expanded to evaluate the Police and Courts Building, the new Senior Center building, and the current space the Senior Center is located in City Hall. The Senior Center currently operates out of the south end of the City Hall facility located at 611 N. Mulberry Drive. With the Senior Center moving the space study needs to evaluate the new church site for programming and space needs along with the vacated south end of City Hall for usage by the City. One opportunity this opened up is the possibility of the Municipal Court and court offices moving over to City Hall and occupying a portion of that area and the needed expansion at PD occurring in that vacated space. More about each of these facilities below:

The selected firm will be responsible for understanding and completing the overall scope of work, and soliciting input and feedback from the city employees who reside and use the facilities to help develop plans.

The floor plans are included and depict the layout of the facilities and the areas included in the study .

Future Derby Senior Center 1315 S. Rock Road

Approximate Area: 6400 sq. ft.

Built: 2007

The facility will need to house 5 employees. A space study of the primary facility will determine what physical alterations of the building are needed to meet the immediate space needs for programming to function at this location.

The study should determine the space needs including, but not limited to, the following:

1. Administration spaces
2. Front reception/customer service
3. Conference room
4. Dining room / Social gathering
5. Technology area
6. Dance / Fitness Studio
7. Kitchen area
8. Outdoor area (covered patio/shade)

229 N. Baltimore – Derby Police and Courts

Approximate Area: 13,125 sq. ft.

Built: 2001

The facility houses over 65 employees. The Police Department Divisions include Administration, Patrol, Investigations, Community Education, and Records. The building also currently houses the Municipal Court Room and offices for court employees. One concept goal is to move court functions, staff, and offices to the City Hall Complex. The space study will focus on the best use and necessary facility upgrades needed for the entire facility, but not limited to, the following:

1. Evidence rooms, storage and support
2. Administrative
3. Criminal Investigation offices
4. VICE and Narcotics offices
5. Patrol Division offices
6. Community Engagement offices
7. Collaboration spaces
8. Records Management
9. Employee wellness
10. Interviewing and Interrogation
11. General updates of material and surfaces

611 N. Mulberry – Current Derby Senior Center/Welcome Center and Council Chambers

Approximate Area: 24,600 sq.ft.

Built: 1989

The goal is to utilize this space for Municipal Court and other departments as identified during the study. Space needs to evaluate:

1. Courtroom
2. Prosecutor
3. Court Administration
4. Support Staff
5. IT Department
6. Communications and Marketing
7. Austin Room (Community Room)
8. Welcome Center
9. Combined City Council and Courtroom
10. Records

SCOPE OF SERVICES

The City of Derby is interested in proposals that will provide quality services at competitive fees. The proposals will be evaluated on experience, quality, price, and turnaround time. Each facility should have a narrative describing project scope, project need, and an estimated cost in current dollars for design/construction, FF&E, and contingency fees to meet the needs of identified planning work. The scope of services is a three-part request for each location and is further defined below.

The space needs assessment is an essential part of a comprehensive planning approach to achieve recommendations for renovations and improvements at each facility. The professional firm shall provide a detailed analysis that will define the functional needs of each location given the current staffing and programming and evaluate future needs for the spaces. The space needs assessment should also provide a detailed report of the site assessment of the location as noted below:

Conduct an independent analysis of each facility location including interviews with the leadership team and personnel and document current space deficiencies.

a. Options for revising spatial relationships within the existing facility.

b. Options for optimizing efficiencies of programmatic relationships.

Utilizing expected staffing level projections and other relevant facility information provided by City staff and assembled by the selected consultant, the selected firm will produce a space needs analysis report, listed by the facilities specified above. This report will provide a list of capital projects required to meet the City's space and programming needs now and into the future.

The space needs analysis shall be compiled by department, office, or area of service and then formatted into particular use relationships for facility purposes. The analysis should consider whether a service may be best utilized at a different facility or not. The analysis should also examine the relationship between various departments to maximize efficiency of facility use, and how best to accomplish the intended needs.

Provide a total project cost estimate of each facility that includes all soft costs related to the design and construction of the building) i.e., construction cost estimate, equipment, project management, fees, contingencies, etc. The selected consultant should also provide information on construction phasing and an estimated construction project schedule based on the planned level of work.

Upon selection of a qualified firm, the consultant will work directly with Tom Keil, Assistant Director of Public Works, and key staff identified for each component of the study.

CONFIDENTIAL MATTERS & DATA OWNERSHIP

Anyone submitting a proposal agrees that all data, records, and information that the proposer, its agents, and employees obtain access to, create, and which are the subject of this proposal, remain at all times exclusively the property of Derby. Anyone submitting a proposal also agrees that all such data, records and information constitute, at all times, proprietary information of the City and that proposer will not disclose, provide or make available any such proprietary information in any form to any person or entity.

In addition, anyone submitting a proposal agrees that it will not use any names or addresses contained in or derived from such data, records, and information for the purpose of selling or offering for sale any property or service to any person or entity who resides at any address in such data; that it will not sell, give or otherwise make available to any person or entity any names or addresses contained in or derived from such data, records or information for the purpose of allowing such person to sell or offer for sale any property or service to any person or entity named in such data. Anyone submitting a proposal further agrees that it will take reasonable steps and the same protective precautions to protect Derby’s proprietary information from disclosure to third parties as with the proposer’s own proprietary and confidential information. Proposers agree that all data, regardless of form, that is generated as a result of this RFP is the property of Derby.

PROPOSAL CONTENT REQUIREMENTS

This section is provided to assist participating proposers in forming a thorough response for services outlined in this document. The City may reject as non-responsive at its sole discretion any submittal that does not provide complete and/or adequate responses or departs in any substantial way from providing the required information. The written proposal should provide background information about the company, its employees, and its experience with related projects and related clients. It should cover the experience of the firm, as well as any consultants on the proposed team. For the purposes of the RFP, the term “company” shall refer to the prime respondent of this RFP, or in other words, the company with whom the City of Derby will contract. The term “consultant” shall refer to any and all consultants with whom the prime respondent will include on the project team. This includes but is not limited to: landscape architects, civil engineers, safety consultants, etc. The proposal shall clearly delineate any experience, background, etc. between the prime “company” and “consultants.” Layout of the proposal documents shall include the following:

1. Provide a synopsis of your proposal describing how it fulfills the scope of services requested in this RFP. Describe any characteristics or capabilities that make your firm uniquely qualified to perform these services.
2. Submit the name of the lead person and key personnel from your firm who will be responsible for managing this work, together with a brief biography detailing the experience of said person and general information about proposer’s company. Provide a statement of the respondent's background, experience, and understanding of services required. If available, submit examples of experience with similar projects for municipal governments, including contact information.
3. Submit a statement describing the proposer’s present and projected workload, staffing, and ability to provide prompt, quality services.
4. Identify any outside firms you feel will be needed to complete the scope of work that will be used by your firm. The fee for these outside firms is a part of your proposed cost.
5. Disclose all fees or other compensation to be paid to or on behalf of the proposer by Derby for services and/or goods provided, including but not limited to hourly rate for services.
6. Submit a statement disclosing any current, pending, or potential disciplinary action or complaint(s) or other like proceedings, including any claims in arbitration, mediation, or litigation, against any partner or associate of your firm or team.
7. Submit a statement disclosing any actual or potential conflicts of interest with the City, its officers, agents and employees.
8. Identify at least three (3) references including the organization/business, address, contact person, phone number, date of services, and scope of services, unless your firm has prior experience working with the city.
9. Provide a copy of your certificate of insurance verifying professional, commercial general, automobile liability, and workers’ compensation insurance coverage with minimum policy limits as detailed in this RFP. The coverage must be maintained and carried in force for the duration of the contract.
10. Provide the proposal response form filled out in its entirety.
11. Any additional information believed necessary to assist the City in evaluating your proposal may also be submitted.

The successful proposal shall also be required to do the following during the project:

• Conform to the City’s request to maintain strict confidentiality about all matters of this project.
• Direct all media, citizen, and public official requests for information to the City’s assigned project manager.
• Design the project to meet all current applicable code requirements of governing agencies and be in compliance with the requirements of the Americans with Disabilities Act (ADA).

In submitting a proposal, Proposer acknowledges every section of this document including all requirements, terms, conditions, and sections of this document. The proposal submission format should be by the order in which the document is outlined. Exceptions to any part of this document and any attachments should be clearly delineated and detailed throughout this proposal process.

TENTATIVE TIMELINE

The following dates are provided to assist interested firms in planning participation in the project described herein. The dates listed, however, are in no way guaranteed and are subject to change without notice.

Issue Request for Proposals July 14, 2023

Facility Tours - Begin at 3 pm 1315 S. Rock Road July 25-26, 2023

Questions Due July 28, 2023

Addendums Posted to City Website August 4, 2023

Proposals Due August 18, 2023

Proposal Evaluations/Interviews if needed September 6-8, 2023

Award Contract at City Council Meeting September 26, 2023

SELECTION CRITERIA

The selection process will be based on responses to this RFP, verification of references and any interviews required verifying the ability of proposer to provide services in response to this document. A committee will select the proposal that appears most beneficial to Derby in its sole discretion and make a recommendation to the City Council for approval.

Representatives of Derby will evaluate each proposal based on the following criteria:

1. Demonstrating clearly and completely, your firm’s ability to meet all RFP conditions, Minimum Specifications, and miscellaneous instructions as outlined herein;
2. Demonstrating the skill and experience necessary to meet Derby’s needs;
3. Meeting mandatory requirements outlined herein;
4. Proposing services described herein with the most advantageous and prudent methodology and cost to Derby;
5. Providing references reflecting projects having a scope of services similar to those requested by Derby within the last three years (include location, contact person, telephone number, length of contract, and any other pertinent information related to this type of project); and
6. Provision of a certificate of insurance by the successful proposer evidencing insurance coverage for all work and services to be performed as part of the contract award in amounts not less than the following:

Comprehensive General Liability Coverage: $1,000,000 Each Occurrence

$1,000,000 Personal & Adv Injury

$2,000,000 General Aggregate

$2,000,000 Products Completed/

Operations Aggregate

Automobile Liability $1,000,000 Combined Single Limit

Workers Compensation Workers’ Compensation—Statutory

$500,000 Each Accident

$500,000 Disease-Policy Limit

$500,000-Each Employee

Professional Liability Insurance $1,000,000 Each Occurrence

The above amounts are the minimum insurance requirements necessary to comply with the submission requirements for this RFP and may be achieved through the use of an umbrella or excess coverage policy. Said certificate of insurance shall be written by a reputable insurance carrier approved by Derby and the final certificate will name Derby as an additional insured on general liability and automobile liability coverages. In addition, insurance policies applicable hereto shall contain a provision that provides that City shall be given thirty (30) days’ written notice by the insurance company before such policy is substantially changed or cancelled.

NO NEGOTIATIONS, DECISIONS OR ACTIONS SHALL BE INITIATED BY ANY FIRM OR PROPOSER AS A RESULT OF ANY VERBAL DISCUSSION WITH ANYONE, INCLUDING CITY EMPLOYEES, PRIOR TO COMPLETION OF THE RFP PROCESS.

Derby reserves the right to select the proposal which best meets, in its sole discretion, its required needs, budget constraints, quality levels, and administrative expectations. Due to the importance of this project, Derby also reserves the right to select one or more firms to accomplish this task or to reject all proposals.

CONTRACT PERIOD and PAYMENT TERMS

The successful proposer, if any, shall enter into a written agreement with the City to perform the services contemplated herein.

PROPOSAL CONDITIONS

In submitting a response to this RFP, proposer hereby understands and acknowledges the following:

1. Any response not received by the City prior to the deadline date and time will not be considered.
2. Derby reserves the right to:
   1. Cancel the RFP process or the work described herein prior to issuance and acceptance of any final agreement even if the Derby City Council has formally accepted a recommendation and authorized execution of an agreement;
   2. Accept or reject any and all responses;
   3. Request additional information or clarification from those submitting responses and allow corrections to errors and omissions. Clarifications to a proposer’s response shall be signed by an officer of the proposer authorized to commit the proposer to all terms and conditions contained in the response;
   4. Disregard responses that do not meet the stated requirements as determined by Derby. Responses which are non-responsive, conditional or not in compliance with the information requested in this RFP will be disqualified unless Derby waives such non-compliance;
   5. Waive any technicalities or irregularities involving any response, including noncompliance;
   6. Select the proposer that will best meet the needs of Derby; and
   7. Negotiate with the proposer submitting the best response to obtain an eventual agreement to provide the requested services.
3. Derby will not pay for any information requested herein, nor is it liable for any costs incurred by those submitting proposals.
4. All responses and related information submitted in response to the RFP will become the property of Derby and will not be returned. If a proposer submitting a proposal considers certain material in the response to be proprietary information, it should clearly designate those portions of the response it wishes to remain confidential. As a public entity, Derby is subject to making records available for public disclosure as required by law. Derby will make reasonable attempts to maintain the confidentiality of material marked proprietary; however, it cannot guarantee information will not be made public.
5. By submission of a response, each proposer certifies that:

1. The proposer has not paid nor agreed to pay any person, other than a bona fide employee or subcontractor, a fee or a brokerage commission resulting from award of the contract.
2. Derby may, by written notice, cancel any award under this RFP if it is found by Derby that gratuities in the form of entertainment, gifts or otherwise were offered or given to any representative of Derby with a view toward securing the award of a contract or other favorable treatment with respect to this RFP.

6. Derby reserves the right to make any agreements subject to the provisions of the Kansas Cash Basis Law (K.S.A. 10-1112 and 10-1113) and the Kansas Budget Law (K.S.A. 79-2935). Agreements shall be construed and interpreted so as to ensure that Derby shall at all times stay in conformity with such laws, and as a condition of agreements, Derby reserves the right to unilaterally sever, modify, or terminate agreements at any time, if in the opinion of its legal counsel the Agreement may be deemed to violate the terms of such law(s).

7. All project participants, consultants, and contractors must comply with applicable Federal, State, County, and local municipal laws pertaining to contracts entered into by governmental agencies, including non-discrimination in employment, the provisions of the Kansas Act Against Discrimination (K.S.A. 44-1001 et seq.), the provisions of K.S.A. 44-1030, and the following terms:

1. The successful proposer will observe the provisions of the Kansas Act Against Discrimination and shall not discriminate against any person in the performance of work under this project because of race, religion, color, sex, disability, national origin, or ancestry;
2. In all solicitations or advertisements for employees, the successful proposer shall include the phrase “Equal Opportunity Employer,” or a similar phrase to be approved by the Kansas Human Rights Commission;
3. If the proposer fails to comply with the manner in which it reports to the Kansas Human Rights Commission in accordance with state law, the proposer will be deemed to have breached its contract with Derby and the contract may be canceled, terminated, or suspended, in whole or in part, by Derby.
4. If the proposer is found guilty of a violation of the Kansas Act Against Discrimination under a decision or order of the Kansas Human Rights Commission which has become final, the proposer will be deemed to have breached its contract with Derby and the contract may be canceled, terminated, or suspended, in whole or in part, by Derby; and
5. The successful proposer will include the provisions of the above subsections (a) through (d), inclusive, of this paragraph in every subcontract or purchase order so that such provision will be binding upon such subcontractor or contractor.

8. Alternate proposals (two or more proposals submitted) will be considered for an award. Derby reserves the right to make the final determination of actual equivalency or suitability of such proposals with respect to requirements outlined herein.

9. Derby may award a contract based on initial offers received without discussion of such offers. A vendor’s initial offer should therefore be based on the most favorable terms available from a price and technical standpoint. Derby may however have discussion with those vendors that it deems, in its discretion, to fall within a competitive range. Derby may also request best and final offers from such proposers and make an award and/or conduct negotiations thereafter.

10. Prices proposed may not be withdrawn for a period of 120 days immediately following the opening of proposals. Prices MUST be free of federal, state, and local taxes unless otherwise imposed by a governmental body.

11. Derby interprets “lowest responsible proposer” as requiring Derby to (a) choose between the kinds of materials, goods, wares, or services subject to the proposal, and (b) determine which proposal is most suitable for its intended use or purpose and maintenance costs of items upon which proposals are received. Derby can determine any differences or variations in the quality or character of the material, goods, wares, or services performed or provided by the respective proposers.

12. All requested information must be supplied. If you cannot respond to any part of this request, state the reason you cannot respond. You may provide supplemental information, if necessary, to assist Derby in analyzing your proposal.

13. After the award, if the successful proposer refuses or fails to provide the services within the times specified in the RFP proposal or contractual agreement, Derby may, by written notice, terminate the award and contract.

14.The proposer will hold and save the City of Derby and its officers, agents, servants, and employees harmless from liability of any patented or unpatented invention, design, process, article, or appliance manufactured or used in the performance of the contract, including its use by the City of Derby.

15. If a response to this RFP is accepted, the proposer agrees to execute and deliver to the City a contract in accordance with the Contract Documents (if applicable) within ten days of notice of the award to the proposer.

16. The proposer hereby certifies that he or she has carefully examined all of the documents for the project, has carefully and thoroughly reviewed this RFP, that he or she has inspected the location of the project (if applicable), and understands the nature and scope of the work to be done; and that this proposal is based upon the terms, specifications, requirements, and conditions of the RFP and documents. The proposer further agrees that the performance time specified is a reasonable time, having carefully considered the nature and scope of the project as aforesaid.

17. The proposer certifies that this proposal is submitted without collusion, fraud or misrepresentation as to other proposers, so that all proposals for the project will result from free, open and competitive proposing among all vendors.

18. The City will not accept responses transmitted via a facsimile or email.

19. By submission of a response, the proposer agrees that at the time of submittal, he or she: (1) has no interest (including financial benefit, commission, finder’s fee, or any other remuneration) and will not acquire any interest, either direct or indirect, that would conflict in any manner or degree with the performance of services, or (2) benefit from an award resulting in a Conflict of Interest. A Conflict of Interest will include holding or retaining membership or employment, on a board, elected office, department, division, or committee sanctioned by or governed by the Derby City Council. Proposers will identify any interests and the individuals involved on separate paper with the response and will understand that the City, at the discretion of the City Manager in consultation with the City Attorney, may reject their proposal.

20. Contracts entered into as a result of this document are subject to the laws of the State of Kansas and any local ordinances specifically applicable to the purchase.

21. The City of Derby may issue a purchase order/contract for the acquisition of products/services specified as a result of an award made in reference to this document. Contract documents will be subject to any regulations governed by the laws of the State of Kansas. Any dispute arising out of the contract documents or their interpretation will be litigated only within the state district court located in Sedgwick County, Kansas.

Facilities Space Study for the City of Derby

Space Study Submission Form

Future Derby Senior Center

Derby Police Department Floor 1

Derby Policy Department Floor 2

Current Senior Center & Welcome Center

City Council Room