NOTICE OF REQUEST FOR PROPOSALS TOWN OF CHAPEL HILL, NORTH CAROLINA FOR DOWNTOWN MUNICIPAL SERVICE DISTRICT (MSD) SERVICES

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1 NOTICE OF REQUEST FOR PROPOSALS TOWN OF CHAPEL HILL, NORTH CAROLINA FOR DOWNTOWN MUNICIPAL SERVICE DISTRICT (MSD) SERVICES DATE: April 8, 2016 PROPOSAL: Q The Town of Chapel Hill Business Management Department is seeking proposals from qualified organizations to provide services that promote, maintain and enhance the Town s MSD and to work with the Town, University and downtown community to achieve mutually developed goals. We are sending out this RFP to be compliant with the new law passed by the North Carolina Legislature related to Municipal Service Districts. All submittals must be received at the location listed below by 4:00 P.M., Monday, April 25, Town of Chapel Hill Purchasing Division Attention Zakia Alam 405 Martin Luther King Jr. Boulevard Chapel Hill, North Carolina If you have any questions concerning the bidding procedures, please contact the Purchasing Division at (919) Questions concerning this Request for Proposals must be submitted in writing no later than 3:00 P.M. on April 15, 2016 to Ken Pennoyer, Business Management Director via at kpennoyer@townofchapelhill.org. PUBLICATION: Town of Chapel Hill Website: DATE: April 8, 2016 April 2016 Page 1

2 Town of Chapel Hill Request for Proposal for: Project: Q The Town of Chapel Hill Business Management Department is seeking proposals from qualified organizations to provide services that promote, maintain and enhance the Town s MSD and to work with the Town, University and downtown community to achieve mutually developed goals. DETAILS OF PROPOSAL SUBMISSION Proposals subject to the conditions made a part hereof will be accepted until 4:00 P.M., April 25, 2016 for furnishing services described herein. A tentative timeline is provided below: Date Event RFP Released April 8, 2016 Deadline for Vendor Questions April 15, 2016 Responses to Vendor Questions Posted on Town website April 20, 2016 RFP Due Evaluation/Selection Committee Review to Short List Proposals Recommendation to Council May 9, 2016 April 25, :00 PM EST April 27, 2016 (Estimated) Public Hearing May 16, 2016 Contract Award June 15, 2016 (Estimated) Physical Delivery The proposal may be submitted in paper form in a sealed envelope marked "Proposal and delivered to: Town of Chapel Hill Purchasing Division Attention Zakia Alam 405 Martin Luther King Jr Blvd Chapel Hill, NC Proposals may be mailed, sent by private carrier or delivered in person during normal business hours, which are 8:30 A.M. to 5:00 P.M., Monday through Friday. Finalist Presentations During the evaluation process, Town of Chapel Hill may, at its discretion, request any one or all bidders to make oral presentations for the purpose of clarification or to amplify the materials presented in any part of the proposal. However, the Town of Chapel Hill is not required to request clarification; therefore, all proposals should be complete. April 2016 Page 2

3 GENERAL BIDDING REQUIREMENTS Throughout this request for proposal ( RFP ), the Bidder refers to qualified organizations that submit Proposals and the Contractor refers to the Bidder who is selected to provide the services described within this RFP. Costs incurred by organizations responding to this RFP are solely their responsibility. Bidders are required to prepare their proposals in accordance with the instructions outlined in this part and elsewhere in this RFP. In order to be eligible for consideration, the submitted proposal must include all of the following: 1. Cover letter stating intentions of the proposal 2. Table of Contents 3. Complete answers to all questions listed under Vendor Proposal Requirements Bidder Requirements For the purposes of consideration, Town of Chapel Hill requires that all bidders: 1. Have experience providing similar services on behalf of a government entity. IMPORTANT NOTE: Town of Chapel Hill reserves the right to reject any and all proposals. April 2016 Page 3

4 CONTRACT: The following is a sample contract format for the Town of Chapel Hill: STATE OF NORTH CAROLINA COUNTY OF ORANGE CONTRACT FOR {DESCRIPTION OF SERVICES TO BE PROVIDED UNDER THIS CONTRACT} This Contract is made and entered into by and between the Town of Chapel Hill, herein Town, and {Contractor s Full Legal Name}, herein Contractor, for services hereinafter described for the Town of Chapel Hill. This Contract is for {Description of Services to be Provided Under This Contract}. WITNESSETH That for and in consideration of the mutual promises and conditions set forth below, the Town and Contractor agree: 1. Duties of the Contractor: The Contractor agrees to perform those duties described in Exhibit A attached hereto and incorporated herein by reference. 2. Duties of the Town: The Town shall pay for the Contractor s services as set forth in Exhibit A. 3. Fee Schedule and Maximum Sum: Contract amount is not to exceed {insert a not to exceed amount}. Payment shall be made according to Exhibit A. 4. Billing and Payment: The Contractor shall submit a bill to the Town for work performed under the terms of this Contract. The Contractor shall bill and the Town shall pay the rates set forth therein. Payment will be made by the Town within thirty (30) days of receipt of an accurate invoice, approved by the contact person or his/her designee. 5. Indemnification and Hold Harmless: The Contractor agrees to indemnify and hold harmless the Town of Chapel Hill and its officers, agents and employees from all loss, liability, claims or expense (including reasonable attorneys fees) arising from bodily injury, including death or property damage to any person or persons caused in whole or in part by the negligence or willful misconduct of the Contractor except to the extent same are caused by the negligence or misconduct of the Town. 6. Insurance Provisions: The Town requires evidence of Contractor s current valid insurance (if applicable) in the amounts stated below during the duration of the named project and further requires that the Town be named as an additional insured for Comprehensive General Liability and Business Automobile policies. The required coverage limits are: 1) Comprehensive General Liability and Business Automobile - $1,000,000 per occurrence and 2) Workers Compensation - $100,000 for both employer s liability and bodily injury by disease for each employee and $500,000 for the disease policy limit. 7. Non-Discrimination: The Contractor shall administer all functions without discrimination because of race, creed, sex, national origin, age, economic status, sexual orientation, gender identity or gender expression. 8. Federal and State Legal Compliance: The Contractor must be in full compliance with all applicable federal and state laws, including those on immigration. 9. E-Verify: The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further, should Contractor utilize a subcontractor(s), Contractor shall require the subcontractor(s) to comply with the requirements of Article 2, Chapter 64 of the General Statures. Pursuant to April 2016 Page 4

5 North Carolina General Statute (c)(2), contracts solely for the purchase of apparatus, supplies, materials, and equipment are exempt from this E-Verify provision. 10. Iran Divestment Act Certification: Pursuant to 143C-6A-5(a) of the Iran Divestment Act ( Act ), Contractor hereby certifies that, as of the date of this Contract, Contractor is not identified in either the Final Divestment List ( List ) or Iran Parent and Subsidiary Guidance ( Guidance ) created and maintained by the North Carolina State Treasurer ( Treasurer ) as published on the Treasurer s website currently located at Divestment-Act- Resources.aspx. Further, in compliance with 143C-6A-5(b) of said Act, Contractor certifies that it will not utilize in performing this Contract any subcontractor identified in the List or Guidance. This provision applies only to contracts for which the total amount, including sales tax, is $1,000 or more. 11. Amendment: This Contract may be amended in writing by mutual agreement of the Town and Contractor. 12. Termination: Either party may terminate this Contract at any time by giving the other party thirty (30) days written notice of termination prior to the end of the term as described herein. 13. Interpretation/Venue: This Contract shall be construed and enforced under the laws of North Carolina. The courts and the authorities of the State of North Carolina shall have exclusive jurisdiction over all controversies between the parties which may arise under or in relation to this Contract. In the event of any dispute between the parties, venue is properly laid in Orange County, North Carolina for any state court action and in the Middle District of North Carolina for any federal court action. Contrary to any provision that may be contained in any exhibit attached hereto the Town shall not consent to 1) resolving any dispute by means of arbitration and/or 2) waiver of a trial by jury. 14. Preference: In the event that the terms of any exhibit attached hereto are not consistent with the terms of this Contract, this Contract shall have preference; provided that where either any exhibit attached hereto or this Contract establishes higher standards for performance by either party, the higher standard, wherever located, shall apply. 15. Severability: The parties intend and agree that if any provision of this Contract or any portion thereof shall be held to be void or otherwise unenforceable, all other portions of this Contract shall remain in full force and effect. 16. Assignment: This Contract shall not be assigned without the prior written consent of the parties. 17. Entire Agreement: This Contract shall constitute the entire agreement of the parties and no other warranties, inducements, considerations, promises, or interpretations shall be implied or impressed upon this Contract that are not expressly addressed herein. All prior agreements, understandings and discussions are hereby superseded by this Contract. 18. Term: This Contract, unless amended as provided herein, shall be in effect until { }, 20{ }. [SIGNATURES ON FOLLOWING PAGE.] April 2016 Page 5

6 This Contract is between the Town of Chapel Hill and {Contractor s Full Legal Name} for {Description of Services to be Provided Under This Contract}. IN WITNESS WHEREOF, the parties hereto cause this agreement to be executed in their respective names. {CONTRACTOR S FULL LEGAL NAME} SIGNATURE WITNESS PRINTED NAME & TITLE PRINTED NAME & TITLE TOWN OF CHAPEL HILL DEPARTMENT HEAD OR DEPUTY/TOWN MANAGER PRINTED NAME & DEPARTMENT ATTEST BY TOWN CLERK: TOWN CLERK TOWN SEAL Town Clerk attests date this the day of, 20. Approved as to Form and Authorization TOWN LEGAL STAFF This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. FINANCE OFFICER DATE April 2016 Page 6

7 INSURANCE: The successful bidder shall procure and maintain during the life of the contract the following insurance coverage s: Worker s Compensation: Coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include employer s liability with a limit of $100,000 for each accident, $100,000 bodily injury by disease each employee and $500,000 bodily injury by disease policy limit. Comprehensive General Liability: Shall have minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include premises and/or operations, independent contractors, products and/or completed operations, broad form property damage and explosion, collapse and underground damage coverage, sudden and accidental pollution losses, and a contractual liability endorsement. Business Auto Policy: Shall have minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include: owned vehicles, hired and nonowned vehicles and employee non-ownership. Special Requirements: The Town of Chapel Hill is to be named as an additional insured on the Comprehensive General Liability policy. Current, valid insurance policies meeting the above requirements shall be maintained for the duration of the project. Renewal certificates shall be sent to the Town of Chapel Hill thirty (30) days prior to any expiration date. There shall also be a 30 day notification to the Town in the event of cancellation or modification of any stipulated insurance coverage. Certificates of Insurance on an Accord 25 (8/84) or similar form meeting the required insurance provisions shall be forwarded to the Town of Chapel Hill. Wording on the Certificate of Insurance which states that no liability shall be imposed upon the company for failure to provide such notice is not acceptable. Original policies or certified copies of policies may be required by the Town at any time. Hold Harmless: The Contractor agrees to indemnify and hold harmless the Town of Chapel Hill from all loss, liability, claims or expense (including reasonable attorneys fees) arising from bodily injury, including death or property damage to any person or persons caused in whole or in part by the negligence or willful misconduct of the Contractor except to the extent same are caused by the negligence or misconduct of the Town. OUESTIONS: Any questions regarding this RFP should be sent in writing via to kpennoyer@townofchapelhill.org with RFP in the subject line. Questions should be sent no later than April 15, 2016 by 3:00 P.M. Answers will be published in the form of an addendum on the Town s website site under Businesses-Bid Notices- RFP at by April 20, No personal contact with Town of Chapel Hill employees, with the exception of the designated contact, and Town Council will be allowed during the proposal process. Any vendors contacting Town department(s) directly may subject their proposal to rejection. April 2016 Page 7

8 PROPOSAL BACKGROUND The purpose of this Request for Proposal (RFP) is solicit offers from qualified organizations to provide services that promote, maintain and enhance the Town s MSD and to work with the Town, University and downtown community to achieve mutually developed goals. Our leadership is interested in a thriving downtown that works as a community crossroads and serves as the social, cultural and spiritual center of Chapel Hill. The District The MSD consists of about 85 acres and is the home to 198 business, including 76 restaurants and 32 retail shops. In addition, there are currently 424 residences in seven multi-family complexes with more than 300 new residences planned. Contract Period The contract resulting from this proposal shall be effective for the fiscal year beginning July 1, 2016, with the option for the Town of Chapel Hill to continue services under the same terms and conditions set forth herein for up to 4 subsequent years. Contract Pricing The final pricing of the contract will be determined by negotiation after the selection of a contractor. The Town expects there will be about $200,000 available for this contract, however that amount is subject to budget approval. Bidders should respond based on a budget of not to exceed $200,000, within which the full range of services described herein will be provided. April 2016 Page 8

9 EVALUATION OF PROPOSALS Responses to the RFP will be evaluated based on: 1. Organizations experience with similar engagements 2. Understanding the scope of the work 3. Strategy for providing required services 4. Demonstrated ability of key personnel 5. Value (level of service provided for proposed budget) VENDOR PROPOSAL REQUIREMENTS The proposal response must clearly demonstrate the required qualifications, expertise, competence and capability of the vendor. Please include the answers to the questions on the pages that follow (address by number). A. ORGANIZATIONAL OVERVIEW 1. Please describe your organizational structure and provide a brief history. 2. Please briefly describe your organization s philosophy and management structure. 3. Describe your contractual relationships, including subcontractors and joint ventures with organizations necessary to your proposal s implementation. 4. How long has your organization been providing services? B. WORKING TOGETHER 5. Identify the key personnel from your organization who would be assigned to this project. Include a brief description of their qualifications, current job functions, and proposed roles on Town of Chapel Hill s team. 6. Please provide a description of any relationships (subcontractors, joint ventures, strategic alliances, etc.) your company has with other firms that would be involved in providing the scope of services described in this RFP. C. STRATEGY 7. Describe how you propose to build an understanding of the direction and priorities for the Downtown MSD and how you would use this information to guide your delivery of services. April 2016 Page 9

10 D. ECONOMIC DEVELOPMENT: The contractor will be the managing entity and economic development leader for the downtown community by encouraging new investment downtown, support existing businesses and property owners, and representing downtown s interests in policy issues. 8. Please describe how your organization will fulfill the role described above, including specific program and service descriptions. 9. Please describe the resources, collaborations and strategies your organization will employ to address the Town s downtown economic development interests? 10. Provide three specific performance measures that you believe will accurately represent the outcomes resulting from your efforts. E. MARKETING: The contractor will attract more customers downtown through promotions, special events, and marketing by creating an active, year round downtown; providing businesses with opportunities to promote themselves; and marketing downtown as a family friendly destination to live, work, and play. 11. Please describe how your organization will fulfill the role described above, including specific program and service descriptions. 12. Please describe the resources, collaborations and strategies your organization will employ to address the Town s downtown marketing interests? 13. Provide three specific performance measures that you believe will accurately represent the outcomes resulting from your efforts. F. PROGRAMING: The contractor will address the basic needs of the downtown community through public and private partnerships by increasing visibility and knowledge of parking and alternative transportation options; supporting basic infrastructure needs & improvements; increasing safety & cleanliness; and addressing social behavioral issues. 14. Please describe how your organization will fulfill the role described above, including specific program and service descriptions. 15. Please describe the resources, collaborations and strategies your organization will employ to address the Town s downtown programing interests? 16. Provide three specific performance measures that you believe will accurately represent the outcomes resulting from your efforts. April 2016 Page 10

11 G. COMMUNICATIONS & ORGANIZATION: The contractor will communicate the accomplishments of the downtown community and agency by strengthening relationships with downtown stakeholders; serving as spokesperson for the downtown community; maintaining strong nonprofit planning, financial, and reporting activities; and expanding funding. 17. Please describe how your organization will fulfill the role described above, including specific program and service descriptions. 18. Please describe the resources, collaborations and strategies your organization will employ to address the Town s downtown communications and organizational interests? 19. Provide three specific performance measures that you believe will accurately represent the outcomes resulting from your efforts. H. GENERAL 20. Please provide a list of three verifiable client references that are able to comment on your organization s relevant experience. Please include company name, contact name and telephone number. Town of Chapel Hill reserves the right to use reference checks in its evaluation of proposals. 21. What makes your organization unique from other organizations that may submit proposals for Town of Chapel Hill s consideration? April 2016 Page 11

12 Addendum I For Downtown Municipal Services District (MSD) Services Chapel Hill, NC BID: Q TO: FROM: SUBJECT: All Potential Bidders ZAKIA ALAM, PURCHASING & CONTRACTS MANAGER Addendum 1 Downtown Municipal Services District (MSD) Services DATE: April 20, 2016 This Addendum addresses the following questions: 1. Does the Town have a policy on accepting the lowest bid for RFP's? Response: No, the Town does not have a policy on accepting the lowest bid for an RFP. The Town s interest is in receiving the best value based on the criteria described in the RFP. For this particular RFP, the Town is limited as to the funds available for the contract and that could be a factor in evaluating responses and/or negotiating a contract. Addendum 1 Downtown Municipal Services District (MSD) Services Q16-131, April 20, 2016