LIBERTY PARK TRANSFORMATION REQUEST FOR QUALIFICATIONS/PROPOSAL RFQ TOWN OF MOORESVILLE, NC CULTURAL AND RECREATION SERVICES DEPARTMENT

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LIBERTY PARK TRANSFORMATION REQUEST FOR QUALIFICATIONS/PROPOSAL RFQ 016-07-0002 TOWN OF MOORESVILLE, NC CULTURAL AND RECREATION SERVICES DEPARTMENT

INVITATION: The Town of Mooresville Cultural and Recreation Services Department invites submission of qualification and proposals for park design, construction documents, and construction estimates (to include estimates for construction management/administration services). The Town seeks to transform its oldest park (Liberty Park) into an event venue for concerts, movies, craft fairs, and festivals. This 5.6 acre park currently has a baseball/softball diamond, basketball court, picnic shelters, playground, trails, and natural areas, and a parking lot. THE PARK: This park is located in the center of town with direct access to the downtown and Main Street. It is located about a block from the Charles Mack Citizens and Convention Center and the War Memorial Pool and Recreation Center. The park is surrounded by commercial, institutional, residential and civic facilities. The park creates a visual gateway to the downtown area from the east and serves as an important green space between East Iredell Avenue and East Center Avenue. It includes an environmentally degraded, but appealing creek and natural rock water fall area. Exhibit 1 is an aerial photograph of the area to be renovated and its relative position to downtown core. THE VISION: The Town seeks to transform Liberty Park into a multipurpose venue for events (concerts, farmers market, craft shows, movies). The goal is to support the Town s vision of A Vibrant Downtown where people want to live, work and play; and hopefully encourage private investment with the ultimate goal of mixed use revitalization in the Church Street corridor and connecting Mitchell Community College to Liberty Park/War Memorial with improved streetscape. Desired park elements include an ADA accessible adventure playground suitable for all ages and physical abilities, an amphitheater, restrooms, a large lawn, limited on-site parking, and most importantly an appealing pedestrian connectivity from Church Street to the Park. Exhibit 2 shows conceptual computer-generated graphics. Additional conceptual graphics can be found on the Town s Website at: http://ci.mooresville.nc.us/libertypark_concepts GENERAL SCOPE OF SERVICES: We seek construction design and construction estimates (to include estimates for construction administration/management services) for the transformation of Liberty Park. The work shall include but not be limited to surveys, geotechnical exploration, environmental investigations, engineering designs, architectural designs, landscape design, design of lighting, acoustics, and furnishings as needed for a complete and fully operational park and amphitheater. The Town anticipates the design work to be completed in progressive phases to include an opportunity for public input. Once the design and construction documents are finalized, approved by the Board of Commissioners, and funds made available our goal is a separate construction administration/management services contract to execute the approved park transformation. The total project budget, including design and construction, will not exceed $1,000,000. PROJECT SCHEDULE Advertise Request for Qualification/Proposals... 10 July 2015 Optional Site visit by interested firms.(inquire) Qualification/Proposals Due... 31 August 2015 Qualified Proposals Reviewed/Selection... 30 September 2015 Contract Award/Notice to Proceed... October 2015 Project Completion... NLT April 2016 RFQ 016-07-0002 Town of Mooresville, Liberty Park Transformation Page 2 of 14

EXHIBIT 1 RFQ 016-07-0002 Town of Mooresville, Liberty Park Transformation Page 3 of 14

EXHIBIT 2 RFQ 016-07-0002 Town of Mooresville, Liberty Park Transformation Page 4 of 14

QUALIFICATION/PROPOSAL SUBMISSION REQUIREMENTS The qualification package shall be submitted on 8 ½ x 11 paper, side bound with Table of Contents, Executive Summary and reference tabs for key sections. The package submitted shall not exceed thirty (30) pages single-sided, or fifteen (15) pages doublesided (front/back covers, Table of Contents, and tab pages are excluded from these totals). Also, the submittal must include a Letter of Interest identifying why your team wants to do this project. Complete responses to each of the following categories are required: 1. General Information and Background Firm name, address, telephone and fax numbers. Nature of organization (i.e., individual, partnership, corporation, firm size, composition and number of years in business). Numbers and qualifications of professionals (i.e., architects, engineers) and necessary support staff in organization. Addresses where work will be performed. If sub-consultants are to be used, indicate what work each firm will do and where work will be performed. Indicate where and how quality control and design coordination will be handled. 2. Project Approach General statements and descriptions of the team approach to design/construction management, including anticipated use of staff, consultants, and liaison with Town staff. State the proposed means of communications with sub-consultants, the Town s project manager or other Town representatives. 3. Staffing Plans Provide a project organizational chart showing key professional staff, principles and sub-consultants. Provide resumes of all key personnel and indicate the projects of similar nature performed with this firm or with other firms. Indicate the position and responsibility the individual held on each project. Provide a short description of the work that key individuals will perform on these projects and the estimated percentage of the key personnel s time that will be devoted to this project. Also, provide a short discussion of special consultants, if any. 4. History and Past Experience Description of the firm s relevant experience on completed or in-progress projects of similar size and scope including owner s name, address, telephone number, and specific contact persons. Identification and background of principals who will work on the project and the firm s capabilities and experience. 5. Proposed Task Breakdown Provide a project task breakdown with milestone dates with appropriate work phase efforts. Include the estimated times (man-hour effort) required to perform each general category of work. Also include a copy of the firm s standard hourly billing rates. Required Qualifications: The consultant must possess and demonstrate, as a minimum, the following qualifications: RFQ 016-07-0002 Town of Mooresville, Liberty Park Transformation Page 5 of 14

Previous experience in providing design/build services for parks, playgrounds, amphitheaters Sufficient experience of the project management team and key staff proposed. A licensed architect or landscape architect and demonstrated experience in the construction of these types of projects. Availability of backup and other support staff to ensure the timely completion of the design services. The ability to meet timelines and demands as may arise during the project s design, and the capacity to provide design support during construction or construction management should the need arise. References from previous municipal/county park rehabilitation projects. SELECTION PROCESS The process for selection involves three stages: Stage One: Proposals Notice of the Request for Proposal/Qualification (RFP/RFQ) will be published on the Town of Mooresville website and other pertinent outlets. A RFP will be sent to firms that have been brought to our attention and are qualified to address the scope outlined here. Stage Two: Qualification Determination and Selection Committee Upon receipt of the proposals from respondents a Selection Committee composed of Cultural, Parks and Recreation staff (and other affected departments as appropriate) will review the proposals, conduct interviews (if desired) and make a selection. Stage Three: Contract Negotiations Following the selection, the Cultural and Recreation Services Department will begin contract negotiation. The final contract must be approved by Town Board. No invoices can be submitted prior to full contract execution by all parties. III. EVALUATION CRITERIA The following criteria will be the basis on which consultants will be selected for further consideration (in no particular order): A. Team organization and structure B. Project personnel qualifications C. Demonstrated experience in designing, building, transforming parks D. Specialized experience of firm and related experience on projects of similar scope within the last six years E. Proposed approach and schedule for completion F. Current workload and firm capacity G. Rate structure for proposed staff including all sub consultants. RFQ 016-07-0002 Town of Mooresville, Liberty Park Transformation Page 6 of 14

H. Proximity to and demonstrated knowledge of the area where the project is located. IV. SUBMISSION OF QUALIFICATIONS: Complete qualification packages must be received by (31 August 2015) Complete packages include 5 printed and one electronic copy on CD in PDF format. The entire document should be a single file. Town of Mooresville, Cultural and Recreation Services P.O. Box 1455 Mooresville, NC 28115 ATTENTION: Vic Garrett (704-662-8760) vgarrett@ci.mooresville.nc.us V. GENERAL COMMENTS A. Any cost incurred by respondents in preparing or submitting a RFP for the Project shall be the Proposer s sole responsibility. B. INTENT TO SUBMIT PROPOSAL: Firms intending to submit a proposal shall make their intentions know to the Purchasing Manager in order to receive any addendums or clarifications issued. Please send your responses to: David Whitaker, dwhitaker@ci.mooresville.nc.us. C. COMMUNICATION: Respondents are advised to refrain from contact with Selection Committee members. Any specific questions regarding the Request for Proposal should be directed via email to Vic Garrett (contact information above) and cc d to David Whitaker (dwhitaker@ci.mooresville.nc.us ). If a question of general concern is asked by any firm with regards to this Request for Proposal a copy of the written response will be sent to all known interested firms. D. OWNERSHIP OF DOCUMENTS: All responses, inquiries or correspondence relating to this Request for Qualifications and Proposals will become property of the Town of Mooresville when received. Drawings, tracings, specifications, reports, models, computer discs, renderings, copyrights and all other documents to be prepared and furnished by the Consultant pursuant to specific projects undertaken by the successful Proposer are the sole property of the Town of Mooresville, whether the project for which they are made is executed or not, and may be used by the Town of Mooresville as it sees fit. If such documents are used on another project or for another purpose by the Town of Mooresville the Consultant shall not be responsible for such use, and shall not receive additional compensation. E. ACCESSIBILITY: All work shall comply with the Americans with Disabilities Act and the North Carolina Accessibility Code. F. ELECTRONIC FORMAT: Final illustrative reports and drawings should be produced by Adobe Acrobat Professional or equivalent with bookmarks of sections and hyperlinks RFQ 016-07-0002 Town of Mooresville, Liberty Park Transformation Page 7 of 14

from Table of Contents to corresponding sections. Upon completion of the project, three sets of disks containing all pertinent electronic files of the study/report will be sent to the Town of Mooresville Cultural and Recreation Services Department. G. COMPLIANCE: All work shall be in compliance with all local, state and federal codes. H. DOCUMENT PRINTING: The cost of printing shall be a reimbursable expense and included in the negotiated contract. I. OWNER-PROVIDED MATERIAL: The Town of Mooresville, Cultural and Recreation Services Department has historical data on visitation, usage and customer contact. This information will be available to the contracted firm. J. TOWN STANDARD CONTRACTUAL REQUIREMENTS: See Attachment A RFQ 016-07-0002 Town of Mooresville, Liberty Park Transformation Page 8 of 14

ATTACHMENT A (Sample Contract) North Carolina Iredell County This contract is made and entered into on the last date of its execution as indicated by the date of execution herein by and between the Town of Mooresville of Iredell County, North Carolina (hereinafter Town ), and Contractor Name Of, City, State (hereinafter Contractor ), collectively referred to herein as the Parties. Recitals 1. Town wishes to employ Contractor to perform various tasks associated with Task to be performed and Contractor desires to perform such tasks. 2. The work involved may require work on both the inside and outside of the building, some of which will require Specifications of Work to be Performed. Contractor hereby acknowledges and assumes the risks of harm associated with such work and such acknowledgement is imputed to any persons working for Contractor or hired or subcontracted by Contractor. NOW, THEREFORE, in consideration of the foregoing premises and of the mutual covenants contained herein, and further good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Terms of Payment a. Contractor will be paid as follows: not to exceed $ An Amount based on the services provided as further set out in Exhibit A attached hereto and incorporated herein by reference. 2. Contract Completion Date a. This contract is to be completed no later than Month & Day, 20Year unless otherwise agreed to by the Parties to this agreement. 3. Insurance a. Contractor shall maintain the following types and levels of insurance: i. Workers Compensation 1. The Contractor shall maintain Workers Compensation and Employers Liability Insurance affording: 2. Protection under the Workers Compensation Law of all States in which the work is to be performed or where the employee resides or must travel. RFQ 016-07-0002 Town of Mooresville, Liberty Park Transformation Page 9 of 14

3. Employers Liability protection subject to a limit of not less than $500,000.00 4. A Certificate of Insurance shall be issued confirming the above coverage. The Certificate must include a clause obligating the Insurer to give (30) days prior notice in the event of cancellation of or major change in the insurance. ii. Comprehensive General Liability Coverage 1. The Contractor shall maintain Comprehensive General Liability coverage in amounts not less than: Bodily Injury ) $1 Million Single Limit & ) each accident Property Damage ) 2. This coverage must include: a. Blanket contractual coverage to provide coverage for the liability assumed by the Contractor under the indemnity provision of the contract involved. Such Certificate must specifically state that such paragraph is insured and it must be signed by the insurance company or an authorized representative. b. Contractor s protective coverage for his subcontractors. c. If excavation, collapse, or undermine perils are involved in the work to be performed, coverage for the hazards commonly referred to as the X, C & U exclusions, where excavation, collapse or undermine perils are necessary. d. A Certificate of Insurance shall be issued confirming this coverage under a Comprehensive General Liability policy. EACH TYPE OF COVERAGE REQUESTED HEREIN MUST BE SPECIFICALLY REFERRED TO IN THE CERTIFICATE. This Certificate must also include a clause obligating the insurer to give (30) days prior notice in the event of cancellation of or major change in the insurance and name the Town of Mooresville as an additional insured. iii. Comprehensive Automobile Liability Coverage 1. If the use of a vehicle or vehicles is involved in the work to be performed, the contractor shall maintain Comprehensive Automobile Liability coverage in amounts not less than: Bodily Injury ) $1 Million Single Limit & ) each accident Property Damage ) 2. A Certificate of Insurance shall be issued confirming this coverage. The Certificate must include a clause obligating the insurer to give (30) days prior notice in the event of cancellation of or major change in the insurance, and name the Town of Mooresville as an additional insured. RFQ 016-07-0002 Town of Mooresville, Liberty Park Transformation Page 10 of 14

3. The Town of Mooresville shall be named as an additional insured on each policy of insurance (with exception of Workers Compensation) required from Contractor. 4. Prior to execution of this agreement by the Town, Contractor shall provide Certificates of Insurance to the Town for all types of insurance coverage required under this agreement. 4. Indemnification Contractor at all times will indemnify, release, protect, defend and hold Town harmless from and against any and all loss, liability, expenses, (including expenses to bring suit) claims, or demands arising from personal injury (including death at any time resulting therefrom) or property damage to any person, including Contractor or the Town occurring as a direct or indirect result of, or in any manner connected with the performance of this Contract, whether such injury or damage shall be caused by the negligence of Contractor, Contractor s employees, Contractor s subcontractors, or employees of any of the Contractor s subcontractors hereunder and Contractor shall at its expense defend any and all actions based thereon and shall pay all charges of attorneys and all costs and other expenses arising therefrom. 5. Property Insurance Town assumes no responsibility for, and no insurance coverage provided to Town by the Town s provider will apply to, any equipment or other property owned or retained by the Contractor or any subcontractors. 6. Required Approvals All work to be done under the terms of this agreement is subject to inspection and approval by both the Town s Risk Management Department, the Town s insurance carrier or any other officer, official, employee, or agent of the Town. 7. Employment Verification a. Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract for construction ( Contract ), and Contractor shall not enter into a contract with a Subcontractor that fails to certify to the Contractor that the Subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Contract. b. If Contractor obtains actual knowledge that a Subcontractor performing work under the Contract knowingly employs or contracts with an illegal alien on this Project, Contractor shall: (i) Notify the Subcontractor and the Owner within three days that the Contractor has actual knowledge that the Subcontractor is employing or contracting with an illegal alien; and RFQ 016-07-0002 Town of Mooresville, Liberty Park Transformation Page 11 of 14

(ii) Provide the Subcontractor with three days from receipt of the notice to terminate the employment or the contract with the illegal alien; and (iii) Terminate the Subcontract with the Subcontractor if the Subcontractor fails to terminate the employment or the contract with the illegal alien within three days of receiving notice. c. Contractor shall not terminate the contract with the Subcontractor if during such three day period the Subcontractor provides information to establish that the Subcontractor has not knowingly employed or contracted with an illegal alien, provided that the Subcontractor terminates the employment or the contract with the illegal alien. d. Contractor shall comply with any reasonable request by Owner to conduct on-site inspections and review documents to determine compliance with this section. Town may request and review documentation that proves the citizenship of any person performing work on this Contract or take any other reasonable steps that are necessary to determine whether a contractor is complying with the provisions of this contract. Failure or refusal of Contractor to cooperate with Town shall be deemed a material breach of this contract and Town may at its discretion terminate this Contract and hold Contractor liable for actual and consequential damages suffered as a result of the termination, including forfeiture of any bonds or deposits made to Town on behalf of or for the benefit of contractor. e. A violation by Contractor of this provision shall be deemed a material breach of the contract and Owner may terminate this contract and hold Contractor liable for actual and consequential damages suffered as a result of the termination, including but not limited to, forfeiture of any bonds or deposits made to Town on behalf of, or for the benefit of, Contractor. 8. Termination a. The Town may terminate this Agreement for any reason or no reason by giving written notice of termination at least thirty (30) days before the date of termination. The notice shall specify the date upon which such termination becomes effective and the Town shall pay the Contractor for Services rendered prior to the effective date of termination. b. In addition to the right of termination for convenience given to the Town as set out herein, such right being a separate right on behalf of the Town, either party by giving written notice may terminate this Agreement if the other party violates or fails to perform any covenant, provision, obligation, term, or condition contained in this Agreement, provided that, unless otherwise provided in this Agreement, such failure or violation shall not be cause for termination if the defaulting party cures such default (if default is susceptible to cure) within thirty (30) days of receipt of written notice of default from the other party. i. Any notice of default shall state the party s intent to terminate this Agreement if the default is not cured within the specified time period. 9. Miscellaneous Provisions a. The Contract shall be governed by, and construed in accordance with, the Laws of the State of North Carolina. The Contractor shall comply with all Federal, State, and local laws, ordinances, and regulations applicable to the services provided herein. The Contractor further agrees that it will at all times during the term of this RFQ 016-07-0002 Town of Mooresville, Liberty Park Transformation Page 12 of 14

Agreement be in compliance with all applicable Federal, State and/or local laws regarding employment practices. Such laws include, but shall not be limited to workers' compensation, the Fair Labor Standards Act (FSLA), the Americans with Disabilities Act (ADA), the Family and Medical Leave Act (FMLA), and all Occupational Safety and Health Administration (OSHA) regulations applicable to the work. b. Should the Contractor choose to subcontract, the Contractor shall remain fully responsible for performance of all obligations that it is required to perform under this Agreement. c. Any provision of this Contract that is prohibited, unenforceable, or not authorized in any jurisdiction shall, as to such jurisdiction, be ineffective to the extent of such prohibition, unenforceability, or non-authorization without invalidating the remaining provisions hereof or affecting the validity, enforceability, or legality of such provision in any other jurisdiction. d. In the event a dispute or controversy arises out of or relating to this Contract, such dispute or controversy (including contentions that a party is in default in performance of its obligations hereunder, but excluding questions as to the validity and binding effect of this Contract, which shall be conclusively presumed) shall be submitted to mediation following the rules governing court-ordered mediation in North Carolina. e. Section headings in the Contract are included herein for convenience of reference only and shall not constitute a part of this Contract for any other purpose. f. This Contract shall completely and fully supersede all prior undertakings or agreements, both written and oral, between Town and Contractor relating to work performed for the Town of Mooresville. The Contract institutes the entire agreement between the parties hereto. g. This Contract shall be binding upon, inure to the benefit of, and be enforceable by the parties and their respective successors and assigns. [Signature Page Follows] IN WITNESS WHEREOF, the parties hereto have caused this contract to be executed in their corporate names by duly authorized officers in quadruple originals, one of which is retained by each of the parties, the day and year as indicated. RFQ 016-07-0002 Town of Mooresville, Liberty Park Transformation Page 13 of 14

Town of Mooresville by: Miles Atkins, Mayor Date Date Deborah Hockett, Finance Director This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. Contractor by: (President) (Vice-President) (Please indicate) Date Attest: Date Contractor Secretary (If not a corporation, any officer or employee of the company authorized to make such attestation) RFQ 016-07-0002 Town of Mooresville, Liberty Park Transformation Page 14 of 14