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HomeMy WebLinkAboutAgenda - 12-03-2018 8-e - Award of Blackwood Farm Park Professional Services Agreement 1 ORANGE COUNTY BOARD OF COMMISSIONERS ACTION AGENDA ITEM ABSTRACT Meeting Date: December 3, 2018 Action Agenda Item No. 8-e SUBJECT: Award of Blackwood Farm Park Professional Services Agreement DEPARTMENT: Environment, Agriculture, Parks and Recreation (DEAPR); County Attorney; Financial Services ATTACHMENT(S): INFORMATION CONTACT: 1. Susan Hatchell Landscape David Stancil, 919-245-2663 Architecture, PLLC Professional Marabeth Carr, 919-245-2516 Services Agreement John Roberts, 919-245-2318 2. Project Request for Qualifications David Cannell, 919-245-2651 (RFQ) PURPOSE: To approve and authorize the Manager to execute an Agreement with Susan Hatchell Landscape Architecture, PLLC for park pre-construction design and engineering services to secure permits, conduct engineering work, and create construction drawings and specifications for bid documents for Blackwood Farm Park. BACKGROUND: In 2010, the Board of Commissioners approved a proposed master plan for the 152-acre Blackwood Farm Park. The park is located near the intersection of New Hope Church Road and NC 86 between Hillsborough and Chapel Hill, and was opened on a limited operations and facilities schedule in June 2015. The proposed master plan takes a low-impact approach to address recreation and to protect the agricultural heritage, historic structures, scenic vistas and opportunities for environmental education at the site. This was in keeping with the Board's charge to the master plan committee. Funding for the creation of a new park entrance and related infrastructure was approved in 2017, with Phase 2 park construction scheduled to follow in 2019-20. In August 2018, a Request for Qualifications (RFQ #5252) was conveyed to professional engineering and design firms to solicit interest. Ten firms responded with proposals, and a Project Design Team was convened to interview three firms. The Project Design Team included DEAPR staff members David Stancil, Marabeth Carr, Peter Sandbeck, and Dan Derby; and Keith Barnhardt and Angel Barnes from Orange County Asset Management Services. The three firms invited to interview were: • Susan Hatchell Landscape Architecture, PLLC (with Becky Ward, Civil Engineer; Ellen Cassilly Architects and CALYX Transportation Engineers; and Sud Associates PME Engineers) 2 • OBS Landscape Architects (with the Timmons Group Engineers and Huffman Architects) • Draper Aden Associates (with HH Architecture) The Project Design Team recommends Susan Hatchell Landscape Architecture, PLLC (with Becky Ward, Civil Engineer; Ellen Cassilly Architects and CALYX Transportation Engineers; and Sud Associates PME Engineers). Note: The recommended firms for this contract are all woman-owned, consistent with the County's goals for minority business enterprises (MBE). Consistent with the proposed contract, design and engineering work is projected to be completed in order for bids to be awarded in Fall 2019. The project scope includes developing: • Turn lanes on NC 86 for the new park entrance, to be located north of the current narrow driveway; • A new entrance road for the park; • Parking area(s) for the existing park and proposed amenities; • Lighting and stormwater measures needed for the improvements above; • Two Picnic shelters (similar design to existing); • Two Vault toilet facilities; • A parks office - approximately 1,400 square feet (1 office; 1 restroom with shower; break room with kitchenette; two garage bays; and storage) • Schematics for a Learning/Nature Center (Scope to be determined); • Utilities as required for office and nature center; including a septic system; • Schematics for an amphitheater; with lighting; and storage/dressing rooms; • Coordination with a disc golf course designer. The current scope of this contract does not include any work to the historic Blackwood Farmhouse, which will be restored as a separate project under the supervision of a historic preservation architect. Provisions for future utilities for the house will be coordinated under this contract to avoid duplication. FINANCIAL IMPACT: The negotiated price of the services to be conducted for Blackwood Farm Park is a maximum of $244,760. Funding for the project in the amount of $2.84 million is available within the adopted Capital Investment Plan (CIP), appropriated in FY 2016-17 and FY 2017-18 for this work. SOCIAL JUSTICE IMPACT: The following Orange County Social Justice Goals are applicable to this item: • GOAL: FOSTER A COMMUNITY CULTURE THAT REJECTS OPPRESSION AND INEQUITY The fair treatment and meaningful involvement of all people regardless of race or color; religious or philosophical beliefs; sex, gender or sexual orientation; national origin or ethnic background; age; military service; disability; and familial, residential or economic status. • GOAL: ENSURE ECONOMIC SELF-SUFFICIENCY The creation and preservation of infrastructure, policies, programs and funding necessary for residents to provide shelter, food, clothing and medical care for themselves and their dependents. • GOAL: ENABLE FULL CIVIC PARTICIPATION Ensure that Orange County residents are able to engage government through voting and volunteering by eliminating disparities in participation and barriers to participation. 3 RECOMMENDATION(S): The Manager recommends the Board: 1. Approve entering into a Professional Services Agreement with Susan Hatchell Landscape Architecture, PLLC of Raleigh, NC for the design services for the development of Blackwood Farm Park capital project upon final review of the County Attorney; and 2. Authorize the Manager to execute the initial Agreement and any subsequent design amendments for contingent and unforeseen design requirements on behalf of the Board. 4 [Departmental Use Only] TITLE Blackwood Farm Park Designer FY 2018-19 NORTH CAROLINA PROFESSIONAL SERVICES CONTRACT ORANGE COUNTY THIS PROFESSIONAL SERVICES CONTRACT(hereinafter called "Agreement"), made as of the third day of December, 2018, by and between Susan Hatchell Landscape Architecture, PLLC, a professional Landscape Architectural (architectural/engineering/landscape architectural-select one) firm with a partner or principal registered in North Carolina as a licensed Landscape Architect with offices in North Carolina (hereinafter called the "Designer") and Orange County, a political subdivision of the State of North Carolina, (hereinafter called the "County," "Orange County," or"Owner"). WITNESSETH: Whereas the Owner published a Request for Qualifications and the undersigned Designer submitted a responsive Statement of Qualifications evaluated and approved by Owner; and Whereas the Designer and the Owner now wish to form and memorialize their agreement for services and for the consideration herein named do hereby agree as follows: ARTICLE 1 SCOPE OF WORK 1.1 Scope 1.1.1 This Agreement is for professional services to be rendered by Designer to Owner with respect to a project known as Blackwood Farm Park(herein referred to as the"Project").The Project is located in Orange County, North Carolina. It is described more particularly in Attachment A. 1.1.2 By its execution of this Agreement,the Designer represents and agrees that it is qualified and fully capable to perform and provide professional services and other services required or necessary under this Agreement in a fully competent, professional and timely manner, and that its Consultants are also fully capable and qualified to perform and provide the services that they will provide hereunder. 1.1.3 Time is of the essence of this Agreement. 1.1.4 The services to be performed under this Agreement consist of Basic Services, as described and designated in Article 4 hereof and in Attachment B to this Agreement, and such Additional Services as are designated in Article 5 of this Agreement or as may from time-to- time be agreed upon by the Owner and Designer by Amendment or Addendum to this Agreement. Compensation to the Designer for Basic Services under this Agreement shall be as set forth herein, and compensation for Additional Services shall be as set forth herein or in any Amendment or Addendum providing for them.All services performed by the Designer not identified as Additional Services in Article 5 or in a written Amendment or Agreement entered into by the Owner and the Designer and providing for additional compensation for such additional services relating to the Project shall be deemed to be Basic Services provided without additional compensation. 1 Revised 10/17 5 ARTICLE 2 DEFINITIONS 2.1 Definitions 2.1.1 Additional Services—Those services to be performed by Designer beyond the Basic Services. See Section 1.1.4 and Article 5. 2.1.2 Basic Services—Those services to be performed by Designer as outlined in Attachment B. See Article 4 and Attachment B. 2.1.3 Compensation for Basic Services—Those fees to be paid by Owner for Basic Services. See Section 7.1 and 7.2. 2.1.4 Contractor—The construction contractor(s). 2.1.5 Consultants—Subconsultants, partners and other entities working with or on behalf of the Designer. See Section 3.3.1 and Attachment E. 2.1.6 Board of County Commissioners-The Board of Commissioners of Orange County, North Carolina. 2.1.7 County Manager-The Orange County employee bearing that title. 2.1.8 Milestone Dates—Those dates where certain results are expected. See Attachment D. 2.1.9 Project-All phases of the Project as described in Section 1.1.1 and Attachments A and B including but not limited to the schematic design, design development, construction document, bidding and contract award, construction and post-construction phases. 2.1.10 Reimbursable Expenses—Those costs incurred by the Designer for the benefit of this project and which the County will pay. See Section 7.5. 2.1.11 Total Project Cost—The total amount of money which may be paid for services on this project. See Section 4.2.1. ARTICLE 3 RESPONSIBILITIES OF THE DESIGNER 3.1 Services to be Provided. 3.1.1 The Designer shall provide the Owner with all professional services required to satisfactorily complete all phases of the Project within the time limitations set forth herein and in accordance with the highest professional standards. Such services are as shown in Attachment B,the description of services. All services of the Designer shall be provided in accordance with the terms and conditions of this Agreement. 3.2. Standard of Care 3.2.1 The Designer and its Consultants shall exercise reasonable care and diligence in performing their services under this Agreement in accordance with highest professional standards of similar professional design practice throughout the United States and in accordance with federal, state and local laws and regulations applicable to the performance of these services.The Designer shall serve as a 2 Revised 10/17 6 representative of the Owner in accordance with the terms and conditions of this Agreement to guard the Owner against defects and deficiencies in the Project. 3.2.2 The Designer shall be responsible for all errors or omissions, in the drawings, specifications, and other documents prepared by the Designer or its Consultants. It shall be the responsibility of the Designer throughout the period of performance under this Agreement to use reasonable professional care and judgment to guard the Owner against defects and deficiencies in the Project. 3.2.3 The Designer shall correct at no additional cost to the Owner any and all errors, omissions, discrepancies, ambiguities, mistakes or conflicts in the drawings,specifications and other documents prepared by the Designer or its Consultants. 3.2.4 The Designer shall assure that all drawings, specifications and other documents prepared by the Designer or its Consultants hereunder are in accordance with applicable laws, statutes, building codes and regulations and that all necessary or appropriate applications for approvals are submitted to federal, state and local governments or agencies in a timely manner so as not to delay the design or construction activities of the Project. 3.2.5 The Designer and its Consultants shall perform all services in a reasonably timely manner in accordance with all mutually agreed schedules for the Project or required under this Agreement, and as provided in the construction agreement and any General Conditions of the Owner's construction agreements with the contractors for the Project. 3.2.6 The Designer shall reimburse the Owner, as stipulated in 3.2.6.A and 3.2.6.6 for costs, damages and expenses, including attorney's fees, incurred by the Owner when such costs, damages and expenses are the result of any error, omission or delay of the Designer or its Consultants. A.To the extent that the aggregate cost to the Owner for all errors, premium value of omissions or delays of the Designer is less than one-half of one percent(0.5%) of the Total Project Cost,the Designer shall not be liable to the Owner for such costs. B. If the aggregate cost to the Owner for such errors, premium value of omissions or delays of the Designer, amounts to more than one-half of one percent(0.5%) of the Total Project Cost,the Designer shall reimburse the Owner for all such costs in excess of said one-half of one percent(0.5%). 3.3 Designer's Consultants 3.3.1 The Designer's Consultants for the project, along with their key project personnel, are listed in Attachment E to this Agreement. No changes in the Consultants or key personnel indicated shall be permitted except with the prior written consent of the Owner. 3.3.2 All of the Designer's contracts with its Consultants shall be in writing and shall expressly provide that if this Agreement is terminated for any reason,the Owner may, at its sole option,take the assignment of the Consultants' contract with the Designer,that such assignment shall automatically take place upon notification in writing by the Owner to the Consultants and the Consultants shall continue to be bound by the contract after such assignment.A copy of each contract between the Designer and a Consultant shall be furnished to the Owner within seven (7)days of its execution. ARTICLE 4 BASIC SERVICES 4.1 Basic Services 3 Revised 10/17 7 4.1.1 The Designer shall perform as Basic Services the work and services described herein and in Attachment B to this Agreement. 4.1.2 The Basic Services will be performed by the Designer in the phases described in Attachment B. 4.1.3 The Owner shall have the right and option to require the Designer to prepare two separate bid packages with no additional compensation due the Designer. Such bid packages must be approved by Owner prior to submission and, at the Owner's option, may include but not be limited to: A. Demolition and preliminary site work; B. General work, plumbing, mechanical, electrical,fire protection; C. Landscaping and irrigation; D. Signage; E. Furniture. F. Water and sewer infrastructure G. Park Office 4.2 Proiect Cost Estimates 4.2.1 At the times designated herein,the Designer shall develop an estimate of the total cost of the Project(the"Total Project Cost"), including Designer's fees, costs of the construction, costs of equipment,furnishings,furniture and signage, permit fees and appropriate contingencies, and exclusions, where applicable.These costs shall be prepared and submitted to the Owner substantially in the format shown in Attachment C to this Agreement,with supporting documents listing quantities, unit price, labor rates, man-hour estimates, overhead and profit. Total Project Cost shall be mutually agreed upon by Owner and Designer as noted in paragraph 4.2.4. The timing of this Total Project Cost agreement shall be identified as a milestone in Attachment D. If cost estimating is not part of the project scope,the Total Project Cost shall be specified here: [BLANK] 4.2.2 Project cost estimates shall be prepared by qualified staff members of the Designer and/or the authorized Project Consultants listed on Attachment E, or a qualified cost estimating Consultant to the Designer who are acceptable to the Owner. 4.2.3 Total Project Cost estimates shall be prepared at 3points in the production of the Designer's work: A.At completion of schematic design; and B.At completion of design development; and C.At completion of 100%of the construction documents; and D. 4.2.4 If applicable per section 4.2.3,when the first of these estimates of Total Project Cost has been approved in writing by the Owner, it shall be used by the Owner as a basis for appropriating funds specifically for the Project. Once this Total Project Cost has been so approved by the Owner and the conditions of the project(cost environment,time schedule, etc.) are reasonably similar,the Designer 4 Revised 10/17 8 shall be obligated, without additional compensation,to adjust the design of the Project to assure that it remains within the approved Total Project Cost. 4.2.5 Should bidding or negotiation with contractors produce prices which, when added to the other elements of the approved Total Project Cost, produce a cost that is in excess of the approved Total Project Cost,the Designer shall participate with the Owner in negotiation and design adjustments to the extent such are necessary to obtain prices within the approved Total Project Cost. All activity of the Designer with respect to these matters shall constitute Basic Services and shall be performed by the Designer without additional compensation. If negotiation and design adjustments fail to bring costs within the Total Project Cost the Owner may reject all bids and Designer will redesign and/or reduce portions of the project in an effort to reduce the bid prices to within the Total Project Cost and rebid the project. All such redesign is included within Basic Services. If this second letting for bids does not produce bids that are within the approved Total Project Cost initially or after negotiations with the contractor,the Designer is not obligated to further redesign the Project. 4.3 Proiect Conferences 4.3.1 For the duration of the development of the Project,the Designer and its Consultants shall meet periodically with the Owner.The Designer shall meet with Owner as necessary to properly fulfill the requirements of this Agreement. The minimum regularly scheduled meetings which the Designer shall be required to attend are listed below: Bi-weekly;for the duration of the project. 4.4 Construction Administration 4.4.1 As part of Basic Services,the Designer shall provide all of the mutually agreed administrative services described in the Owner's contracts with the contractors for the Project. ARTICLE 5 ADDITIONAL SERVICES 5.1 Compensation is due for Additional Services that are not otherwise included in Basic Services (Attachment B) provided by the Designer or its Consultants when the Owner requests such Additional Services in writing and after both Owner and Designer agree to the terms of providing such Additional Services through an amendment to this Agreement. 5.1.1 Designer or its Consultants shall provide fully detailed presentation models or professional artist's renderings at the written direction and approval of the Owner, if such services are not included in Basic Services Attachment B. 5.1.2 Designer or its Consultants shall make all necessary revisions in drawings, specifications, or other documents when the drawings, specifications, or other documents are inconsistent with written approvals or instructions previously given by the Owner. 5.1.3 Designer or its Consultants shall prepare supporting data and other services in connection with a significant Owner initiated change order if Designer can demonstrate that such services cause a direct substantial increase in Designer's cost of rendering its Basic Services hereunder. 5.1.4 Designer or its Consultants shall prepare to serve and serve as an expert witness for the Owner in connection with dispute resolution, arbitration, or legal proceedings, unless the subject matter of the proceedings includes matters arising out of or related to 5 Revised 10/17 9 the Designer's or Consultant's performance or service with respect to the Project; however, preparing to serve or serving as a fact witness for the Owner in such proceedings or rendering testimony necessary to secure governmental approval of zoning or land use clearances for the Project shall not constitute an Additional Service. 5.1.5 Designer or its Consultants shall provide all such services as are made necessary by the negligence or default of a Consultant or subconsultant. Such services shall be provided at no additional cost to Owner. 5.1.6 Designer or its Consultants shall provide additional or extended services during the Construction Phase made necessary by(a) defective work of Consultant(s)or contractor(s); (b) prolongation of construction past the scheduled completion date, provided the prolongation is not due to the fault or negligence of the Designer, its employees, Consultants or agents; or(c) default under the construction contract due to delinquency or insolvency. 5.1.7 Designer or its Consultants shall Provide additional services and costs necessitated by special out-of-town travel required by the Designer and approved in advance in writing by the Owner, other than visits to the Project and other than travel reasonably required to fully accomplish the Basic Services. 5.1.8 Designer, and its Consultants if necessary, shall attend special public hearings for the Project, other than those listed herein, which are called by the Board of County Commissioners. ARTICLE 6 DURATION OF DESIGNER'S SERVICES 6.1 Scheduling of Services 6.1.1 Attachment D to this Agreement is the Key Milestone Listing which defines the sequence and timing of the design and construction activities.The Designer and its Consultants shall schedule and perform their activities so as to meet the Milestone Dates shown. No deviation by the Designer or his Consultants from the Key Milestone Listing shall be allowed without prior written approval by the Owner. 6.1.2 The Designer's schedule for the performance of its activities and the activities of its Consultants shall be in accordance with the outline in Attachment D.The Designer shall also prepare and submit to the Owner for review and approval a schedule of all known items of information, approvals or decisions to be furnished or made by the Owner, including the dates by which the Owner shall have all information necessary from the Designer with respect to that item, approval or decision and the date by which the item of information, approval or decision should be communicated to the Designer.The Owner shall always have a reasonable time within which to provide such item of information, approval or decision and shall not have any responsibility for any delay occurring by reason of the Owner's being unable,through no fault of the Owner,to supply such item of information, approval or decision. 6.1.3 Should the Owner determine that the Designer is behind schedule, it may require the Designer to expedite and accelerate its efforts, including providing additional manpower and/or overtime, as necessary,to perform its services in accordance with the Key Milestone Listing at no additional cost to the Owner. 6.1.4 The commencement date for the Designer's Basic Services shall be the date of delivery to the Designer from the Owner of a fully executed original of this Agreement. 6.2 Adjustments to the Schedule 6 Revised 10/17 10 6.2.1 If the Designer's work on the Project is or will be delayed for more than sixty(60) days through no fault of the Designer, or if the Owner increases or decreases the scope or size of the Project by ten percent(10%) of currently estimated Total Project Cost,the Designer shall give prompt written notice to the Owner. Provided that such notice has been given,the Designer may request in writing an adjustment in the Key Milestone Listing dates, which shall be granted by the Owner to the extent reasonable. ARTICLE 7 DESIGNER'S COMPENSATION 7.1 Compensation for Basic Services 7.1.1 Compensation for Basic Services shall include all compensation due the Designer from the Owner for all services under this Agreement. 7.2 Breakdown of Compensation for Basic Services Not-to-exceed Compensation for Basic Services consists of the following compensation for the following separate categories of services: 7.2.1 Schematic Design Phase. Lump Sum (Insert Lump Sum or Time and Materials as appropriate)fee of$70,495. 7.2.2 Design Development Phase. Lump Sum fee of$42,609. 7.2.3 Construction Document Phase. Lump sum fee of$58,059. 7.2.4 Bidding and Contract Award. Lump sum fee of$9,976. 7.2.5 Construction Phase. Lump sum fee of$53,056. 7.2.6 Post Construction Phase. Lump sum fee of$10,565. 7.2.7 Additional Basic Services (Select all that apply): fee of fee of fee of fee of 7.3 Payment for Basic Services Rendered, as described in Attachment B 7.3.1 Payment to the Designer for Basic Services shall become due and payable as progress deliverables and categories of services are completed. Upon completion of each category, payment will be made by the Owner within 30 calendar days of receipt of an invoice which is in form and substance acceptable to the Owner. When applicable such invoice shall include supporting documentation, as designated by Owner,for any reimbursable expenses claimed by Designer. In the event the Owner finds any part or parts of all or any portion of an invoice presented by the Designer not to be acceptable, it shall identify to the Designer the part or parts which are not acceptable and shall pay the part or parts of the invoice which are acceptable, if any. This paragraph is not intended to indicate Owner 7 Revised 10/17 11 satisfaction of any work or services. No deductions shall be made from the Designer's fees for basic services except in accordance with this Agreement or to reimburse the Owner for costs or expenses incurred or anticipated to be incurred for which the Designer is liable. 7.3.2 If the Owner increases or decreases the scope of the Project by Ten percent(10%) or more of the currently estimated Total Project Cost,the compensation for Basic Services shall be equitably adjusted. 7.4 Compensation for Hourly Not-to-Exceed and Additional Services 7.4.1 With respect to Hourly Not-to-Exceed Services performed by the Designer in accordance with this Agreement,the Designer shall be compensated at the hourly rates and/or unit pricing shown in Attachment F to this Agreement. 7.4.2 With respect to Additional Services performed by the Designer in accordance with Article 5 or any Addendum or Amendment to this Agreement,the Designer shall be compensated at the hourly rates shown in Attachment F to this Agreement, unless the Owner and the Designer otherwise agree in writing. 7.5 Reimbursable Expenses 7.5.1 Reimbursable expenses are in addition to the fees for N/A, and are for the following expenditures to the extent reasonable and actually incurred by the Designer, its employees, or Consultants with respect to the Project: A. N/A, or other items mutually agreed upon between the Owner and Designer as described in Attachment B. Any unit price agreements are designated in Attachment F. 7.5.2 Designer and its Consultants may be entitled to reasonable mark-up on actual expenses which are incurred subject to written approval by Owner. 7.6 Accounting Records 7.6.1 Accounting records of the Designer's compensation for Additional Services and Reimbursable Expenses pertaining to the Project shall be maintained by the Designer and its Consultants in accordance with generally accepted accounting practices and shall be available for inspection by the Owner or the Owner's representatives at mutually convenient times for a period of five (5)years after the later of final completion of the Project or issuance of a certificate of occupancy for the Project. 7.7 Total Compensation 7.7.1 Total compensation to the Designer, including Basic Services,Additional Services and Reimbursable Expenses shall not exceed 244,760.00. ARTICLE 8 RESPONSIBILITIES OF THE OWNER 8.1 Cooperation and Coordination 8.1.1 The Owner shall meet with the Designer as necessary at mutually convenient times to provide information necessary to enable the Designer to develop a detailed written analysis and complete needs summary of the Project. 8 Revised 10/17 12 8.1.2 The Owner shall examine documents submitted by the Designer and shall make reasonable efforts to render decisions pertaining thereto no later than the dates specified in the schedule for such decisions described in Article 6.1.2. 8.1.3 Marabeth Carr shall be the Owner's Construction Projects Administrator and shall act in the Owner's behalf and as its representative with respect to the Project and shall have the authority to render decisions and approve changes in the scope of the Project within guidelines established by the County Manager and the Board of County Commissioners and shall be available during working hours as often as may be reasonably required to render decisions and to furnish information. Owner may replace the individual serving as Construction Projects Administrator at any time. Should such replacement occur Designer will be so informed within a reasonable time. 8.2 Surveys and Testing 8.2.1 The Owner shall furnish the Designer with a certified land survey of the site,giving, as applicable, grades and lines of streets, alleys, pavements and adjoining property; rights-of-way, restrictions, easements, encroachments,zoning, deed restrictions, boundaries and contours of the site; locations, dimensions and complete data pertaining to existing buildings, other improvements and trees, and other pertinent information reasonably requested by the Designer including that concerning available service and utility lines, both public and private, above and below grade, including inverts. 8.2.2 The Owner shall provide the services of a geotechnical engineer or other consultant, or compensate for such sub-consultant services provided by the Designer, when such services are reasonably deemed necessary by the Designer, and agreed and consented to in writing by Owner, as shown on the Designer's schedule described in Article 6.1.2,to provide reports,test borings,test pits, soil bearing values, percolation tests, air and water pollution tests,ground corrosion and resistivity tests and other necessary operations for determining subsoil,air and water conditions, all together with reports and appropriate professional recommendations thereof to ensure construction materials and geotechnical requirements of the construction contract are met. 8.2.3 All services, data, information, surveys and reports required of the Owner pursuant to this Article 8, shall be furnished at the Owner's expense and, absent any negligence or failure to follow professional standards on the part of Designer,the Designer shall be entitled to rely upon the accuracy and completeness of such services, data, information, surveys and reports. 8.3 Permits and Approvals 8.3.1 The Owner shall secure and pay for all necessary permits, licenses, approvals, easements, assessments, and charges required for the construction, use or occupancy of permanent structures or for permanent changes in existing facilities.The Designer shall provide the Owner with a schedule of all required approvals and of the dates by which application for such approvals must be made in order to avoid any risk of delay to the Project, prepare necessary application forms, present documents requiring approval by the Owner and submit documents with the Owner's approval to the appropriate approval agency. ARTICLE 9 INSURANCE 9.1 General Requirements 9.1.1 The Designer shall purchase and maintain and shall cause each of its Consultants to purchase and maintain during the period of performance of this Agreement, and for five(5)years after the later of final completion of the Project or issuance of a Certificate of 9 Revised 10/17 13 Occupancy of the Project, insurance for protection from claims under workers' or workmen's compensation acts; Comprehensive General Liability Insurance (including broad form contractual liability and complete operations, explosions,collapse, and underground hazards coverage)covering claims arising out of or relating to bodily injury, including bodily injury, sickness, disease or death of any of the Designer's or Consultants'employees or any other person and to real and personal property including loss of use resulting thereof; Comprehensive Automobile Liability Insurance, including hired and non-owned vehicles, if any, covering personal injury or death, and property damage; and Professional Liability Insurance, covering personal injury, bodily injury and property damage and claims arising out of or related to the performance under this Agreement by the Designer or its agents, Consultants and employees. 9.1.2 The minimum insurance ratings for any company insuring the Designer shall be Best's A-.Should the ratings of any insurance carrier insuring the Designer fall below the minimum rating,the County may, at its option, require the Designer to purchase insurance from a company whose rating meets the minimum standard. 9.2 Limits of Coverage 9.2.1 Consultant shall obtain, at its sole expense, Commercial General Liability Insurance,Automobile Insurance,Workers' Compensation Insurance, Professional Liability Insurance, and any additional insurance as may be required by Owner's Risk Manager as such insurance requirements are described in the Orange County Risk Transfer Policy and Orange County Minimum Insurance Coverage Requirements(each document is incorporated herein by reference and may be viewed at http://www.orangecountync.gov/departments/purchasing_division/contracts.php). If Owner's Risk Manager determines additional insurance coverage is required such additional insurance shall be designated here N/A(if no additional insurance required leave blank or mark N/A as being not applicable). Consultant shall not commence work until such insurance is in effect and certification thereof has been received by the Owner's Risk Manager. 9.2.2 All insurance policies(with the exception of Worker's Compensation and Professional Liability) required under this Agreement shall name the Owner as an additional insured party for the insurance. 9.3 Proof of Coverage 9.3.1 Evidence of such insurance shall be furnished to the Owner. Upon cancellation, non-renewal or reduction,the Consultant shall procure substitute insurance so as to assure the Owner that the minimum limits of coverage are maintained continuously throughout the periods specified herein. 9.4 Indemnity 9.4.1 The Designer agrees,without limitation,to indemnify and hold harmless the Owner from all loss, liability, claims or expense, including attorney's fees, arising out of or related to the Project and arising from bodily injury including death or property damage to any person or persons caused in whole or in part by the negligence or misconduct of the Designer except to the extent same are caused by the negligence or willful misconduct of the Owner. It is the intent of this provision to require the Designer to indemnify the Owner to the fullest extent permitted under North Carolina law. 9.5 Owner's Insurance Option 9.5.1 At any time during the performance of this Agreement,the Owner may, at its sole option, provide for itself,for the Designer and for its Consultants any or all of the insurance coverage required under the Article. 10 Revised 10/17 14 9.5.2 If the Owner elects to provide such coverage it shall notify the Designer in writing and provide to the Designer such certificate or certificates of coverage as may be applicable. 9.5.3 If the Owner elects to provide such coverage it shall be entitled to pro rata reduction in the fees for Basic Services equal to the cost of providing such coverage to the Designer and its Consultants. ARTICLE 10 AMENDMENTS TO THE AGREEMENT 10.1 Changes in the Designer's Basic Services 10.1.1 Changes in the Basic Services and entitlement to additional compensation or a change in duration of this Agreement shall be made by a written Amendment to this Agreement executed by the Owner and the Designer.The Designer shall proceed to perform the Services required by the Amendment only after receiving a fully executed Amendment from the Owner or a written notice from the Owner directing the Designer to proceed,whichever is earlier. 10.2 Owner Changes 10.2.1 The Owner may,without invalidating this Agreement, make written changes in the Designer's Basic Services or Additional Services of this Agreement by preparing and executing a Change Order.Within three (3)days of receipt of such a Change Order,the Designer shall notify the Owner in writing of any change contained therein that the Designer believes significantly increases or decreases the Designer's services with respect to the Project and request an adjustment in compensation with respect thereto. If the Change Order significantly increases or decreases the Designer's services,the Designer's compensation may be equitably adjusted. ARTICLE 11 TERMINATION AND SUSPENSION 11.1 Termination for Convenience of the Owner 11.1.2 This Agreement may be terminated without cause by the Owner and for its convenience upon seven (7) days written notice to the Designer. 11.2 Other Termination 11.2.1 After seven (7)days written notice to the other party of its material breach of the Agreement,this Agreement may be terminated by the noticing party, provided that the other party has not taken all reasonable actions to remedy the breach. 11.2.2 Designer acknowledges that Owner is a governmental entity, and the validity of this Agreement is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are unavailable and not appropriated for the performance of Owner's obligations under this Agreement,then this Agreement shall automatically expire without penalty or further cost to Owner immediately upon written notice to Designer of the unavailability and non-appropriation of public funds. It is expressly agreed that Owner shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Agreement, but only as an emergency fiscal measure during a fiscal crisis. 11 Revised 10/17 15 11.2.3 In the event of a change in the Owner's statutory authority, mandate and/or mandated functions, by state and/or federal legislative or regulatory action,which adversely affects Owner's authority to continue its obligations under this Agreement,then this Agreement shall automatically terminate without penalty or further cost to Owner upon written notice to Designer of such limitation or change in Owner's legal authority. 11.3 Compensation after Termination 11.3.1 In the event of termination for the convenience of the Owner,the Designer shall be paid that portion of its fees and expenses that it has earned to the date of termination, plus five percent(5%) of its compensation for Basic Services earned to date or of its unearned compensation for Basic Services, whichever is less, less any costs or expenses incurred or anticipated to be unearned by the Owner due to errors or omissions of the Designer. 11.3.2 In the event of termination by reason of a material breach of the Agreement by the Owner,the Designer shall be entitled to the same compensation as it would have received had the Owner terminated the Agreement for convenience, and the Designer expressly agrees that said compensation is fair and appropriate as liquidated damages for any and all costs and damages it might incur as a result of such termination. 11.3.3 In the event of termination by reason of a material breach of the Agreement by the Designer,the Designer shall be paid that portion of its fees and expenses that it has earned to the date of termination, less any costs or expenses incurred or anticipated to be incurred by the Owner due to errors or omissions of the Designer or by reason of the Designer's breach of this Agreement. 11.3.4 Should this Agreement be terminated as provided under this Article 11 the Owner shall be granted, at no additional cost, ownership of all documents, drawings, and electronic databases relating to the Project, including the ownership and use of all drawings, specifications, documents and materials relating to the Project prepared by or in the possession of the Designer.The Designer shall turn over to the Owner within seven (7) days and in good unaltered condition reproducibles of all original drawings,specifications, documents, electronic data bases and materials. In the event of such termination,and should the Owner use such drawings for completion of the Project,the Owner shall indemnify and hold the Designer harmless,to the extent authorized by North Carolina Law, from and against any cost, expense, damage or claim arising out of the loss of life, personal injury or damage to tangible property occasioned wholly or in part by any act or omission by the Owner, its contractor(s), agents or employees in connection with Owner's use of such drawings, plans, specifications, renderings, models and other work provided as part of Basic Services and Additional Services, as may have been amended.The Designer specifically agrees to incorporate the provisions of this paragraph in all contracts for the services of Designer's Consultants.The Owner agrees that the Designer may retain one set of drawings for its records. 11.3.5 Should this Agreement be terminated,the Owner shall, nevertheless, have the right to require the Designer and/or its Consultants to perform such additional effort as may be necessary to provide professionally certified and sealed drawings and to deliver to the Owner such certified and sealed drawings with respect to any phase or item of the project,for which effort the Designer shall be compensated in accordance with this Agreement. 11.4 Suspension 11.4.1 The Owner may, in writing,order the Designer to suspend, delay or interrupt all or any part of its Services on the Project for the convenience of Owner. 11.4.2 In the event the Designer believes that any suspension,delay or interruption of any or all of the Work on the Project, may require an extension of the duration of Basic Services or an increase in the level of staffing by Designer, it shall so notify the Owner and 12 Revised 10/17 16 propose an amendment of the Key Milestone Listing for consideration of the Owner. Such amendment or extension shall be effective only upon the written approval of the Owner, which will not be withheld unreasonably. 11.4.3 A suspension, delay or interruption of the Project shall not terminate this Agreement; provided, however,that if such suspension, delay or interruption causes a suspension of the Designer's services for a period exceeding ninety(90) days,the Designer's compensation for Basic Services may be equitably adjusted upon mutual agreement of the parties. 11.5 Waiver 11.5.1 The payment of any sums by the Owner under this Agreement or the failure of the Owner to require compliance by the Designer with any provisions of this Agreement or the waiver by the Owner of any breach of this Agreement shall not constitute a waiver of any claim for damages by the Owner for any breach of this Agreement or a waiver of any other required compliance with this Agreement by the Designer. 11.5.2 Owner and Designer mutually waive any claim against each other for consequential damages. Consequential Damages include: A. Damages incurred by Owner for loss of use, income,financing, or business. B. Damages incurred by Designer for office expenses, including personnel, loss of financing, profit, income, business, damage to reputation, or any other non-direct damages. ARTICLE 12 ADDITIONAL PROVISIONS 12.1 Confidentiality 12.1.1 The Designer and its Consultants shall use their best efforts not to disclose or permit the disclosure of any confidential information relating to the Project, except to its agents, employees and other Consultants who need such confidential information in order to properly perform their duties relative to this Agreement. 12.2 Limitation and Assignment 12.2.1 The Owner and the Designer each bind themselves,their successors, assigns and legal representatives to the terms of this Agreement. Neither the Owner nor the Designer shall assign or transfer its interest in this Agreement without the written consent of the other. 12.3 Governing Law 12.3.1 This Agreement and the duties, responsibilities, obligations and rights of respective parties hereunder shall be governed by the laws of the State of North Carolina. 12.4 Dispute Resolution 12.4.1 Any dispute arising under pursuant to the Project shall be addressed under the terms of the Dispute Resolution Rules and Procedures for Orange County Design, Building Construction, Renovation,and Repair Projects. These rules and regulations are available upon request. 13 Revised 10/17 17 12.4.2 Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non- performance of,this Agreement shall be brought in the General Court of Justice of North Carolina sitting in Orange County, North Carolina, and it is agreed by the parties that no other court shall have jurisdiction or venue with respect to such suits or actions. 12.5 Extent of Agreement 12.5.1 This Agreement represents the entire and integrated agreement between the Owner and the Designer and supersedes all prior negotiations, representations or agreements, either written or oral.This Agreement may be amended only by written instrument signed by both the Owner and the Designer. 12.6 Severability 12.6.1 If any provision of this Agreement is held as a matter of law to be unenforceable,the remainder of this Agreement shall be enforceable without such provision. 12.7 Ownership of Documents 12.7.1 All designs, drawings, specifications, design calculations, notes and other works developed in the performance of this contract shall become the property of the Owner and may be used on any other project without additional compensation to the Designer. Designer does not warrant the use of the documents by the Owner or by any person or entity for any purpose other than the Project as set forth in this agreement. 12.8 E-Verify 12.8.1 Pursuant to the terms of North Carolina General Statutes no county may enter into a contract unless the Designer and its subconsultants comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Where applicable, failure to maintain compliance with the requirements of Article 2 of Chapter 64 of the General Statutes constitutes Designer's breach of this Agreement. By executing this Agreement Designer affirms Designer is in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes. 12.9 Electronic Signatures 12.9.1 This Agreement together with any amendments or modifications may be executed electronically. All electronic signatures affixed hereto evidence the intent of the Parties to comply with Article 11A and Article 40 of North Carolina General Statute Chapter 66. 12.10 Iran Divestment and Israel Boycott 12.10.1 Designer certifies that, as of the date listed below, it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. § 147-86.58 or the final boycott list created by the State Treasurer pursuant to N.C.G.S. §147-86.81 nor shall Designer utilize in the performance of this Agreement any subcontultant or consultant identified on such lists. 12.11 List of Attachment and Referenced Documents and Priority 12.11.1 The design documents consist of this Agreement and the attached and referenced documents. The attachment and referenced documents are listed in this Section 12.11.1 and are incorporated herein and made part of this Agreement by reference. In the event of 14 Revised 10/17 18 any inconsistency between or among the terms of this Agreement and any of the incorporated listed documents such inconsistency or conflict shall be interpreted in the following order of priority: This Agreement Attachment A- Description of the Project Attachment B- Description of Basic Services Attachment C- Format of Total Project Cost Estimate(s) Attachment D- Key Milestone Listing Attachment E-Consultants and Key Personnel Attachment F- Hourly Rates Schedule Request for Qualifications Statement of qualifications IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and date first above written in a number of counterparts, each of which shall, without proof or accounting for other counterparts, be deemed an original contract. ORANGE COUNTY: DESIGNER: By: By: Bonnie Hammersly; County Manager Susan Hatchell; President Printed Name and Title Printed Name and Title Susan Hatchel Landscape Architecture, PLLC 15 Revised 10/17 19 Attachment A- Description of the Project Scope of Services: The project scope includes developing: • Turn lanes on NC 86 for the new park entrance, to be located north of the current narrow driveway; • A new entrance road for the park; • Parking area(s) for the existing park and proposed amenities; • Lighting and stormwater measures needed for the improvements above • 2 Picnic shelters (similar design to existing); • 2 Vault toilet facilities • A parks office - approx. 1,400 sq. ft. (1 office; 1 restroom with shower;break room with kitchenette; two garage bays; and storage) • Schematics for a Learning/Nature Center- (Scope to be determined) • Utilities as required for office and nature center; including a septic system • Schematics for an amphitheater; with lighting; and storage/dressing rooms -Coordination with a disc golf course designer 17 Revised 10/17 20 Attachment B - Description of Basic Services Basic Services will include the planning and design for the construction of renovations to Blackwood Farm Park in Hillsborough,NC. Work includes the preparation of a revised Park Master Plan, an "open house"/public input meeting, and the preparation of construction documents for the following: a turn lane on NC 86, entrance drive, 1,220 SF park office building and related structural, mechanical, electrical, and plumbing services, two picnic shelters, two prefabricated vault toilets, parking lot, stormwater, utilities, site electrical coordination with Duke Energy, internal sidewalk connections, disc golf course coordination,planting, seeding, and site amenities. A schematic plan and rendering for a future Environmental Learning Center and Amphitheater will also be prepared. 18 Revised 10/17 21 Attachment C - Format of Total Project Cost Estimate 19 Revised 10/17 22 Attachment D - Key Milestone Listing Estimated Schedule: Project Kick-Off/Data Gathering: Late Fall 2018 30% SD Set: Spring 2019 60% DD Set: Summer 2019 100% Construction Documents: Fall 2019 Permitting: 3-6 months Bidding and Contracting: Fall 2019 Start Construction: Late Fall 2019 Project completed by: Spring/Summer 2020 20 Revised 10/17 23 Attachment E - Consultants and Key Personnel • Susan Hatchell Landscape Architecture (SHLA)—Project Management, Master Planning, Landscape Architectural Services • Ellen Cassilly Architect(ECA)—Architectural Services • Lynch Mykins Structural Engineers, PC (LM)—Structural Engineering Services • Sud Associates (SUD)—MEP and Site Electrical Services • Calyx Engineers and Consultants (CALYX)—Topographical Survey and Roadway Engineering Services • Ward Consulting Engineers (WCE)—Civil Engineering Services for Site Work • Axiom Environmental, Inc. (AXIOM)—Environmental Investigations 21 Revised 10/17 24 Attachment F- Hourly Rates Schedule Susan Hatchell Landscape Architecture, PLLC Landscape Architect/Project Manager.....$140/hour Senior Project Manager..... $100/hour Project Designer..... $95/hour Clerical/CAD Technician..... $80/hour Ellen Cassilly Architect, Inc. Architect-Principal.... $130/hour Project Architect.... $110/hour Architect..... $100/hour Intern Architect III.... $85/hour Ward Consulting Engineers, Inc. Principal (PE)..... $130/hour Professional Engineer(PE)..... $120/hour Engineer(EIT)..... $90/hour AutoCAD Technician..... $75/hour Sud Associates, P.A. Principal Engineer.... $181/hour Registered Engineers.... $1621hour Project Managers/Senior Designers..... $132/hour Designers..... $111/hour Technicians/Drafting..... $94/hour;Administrative.... $75/hour Lynch Mykins Structural Engineers, PC Vice President.... $1501hour Senior Project Engineer.... $120/hour Project Engineer.... $100/hour Structural Engineer.... $90/hour Calyx Engineers and Consultants Group Manager.... $180/hour Senior Project Manager.... $165/hour Project Manager.... $150/hour Senior Engineer.... $150/hour Engineer II.... $1351hour ;Engineer I.... $120/hour;Engineer Intern.... $95/hour Axiom Environmental Principal.... $94/hour Project Manager.... $94/hour Senior Scientist.... $94/hour Project Scientist.... $65/hour 22 Revised 10/17 25 ORANGE COUNTY OR7FH CAR01.1NA County of Orange Financial Services Department — Purchasing Division RFQ #5252 Request for Qualifications to provide professional services for the site development of Blackwood Farm Park Orange County, North Carolina I. Purpose: Orange County, North Carolina is releasing this Request for Qualifications (hereafter `RFQ') seeking responses from qualified consultants to provide engineering services for proposed development at the Blackwood Farm Park located at 4215 NC 86S in Hillsborough, North Carolina. II. Background: Blackwood Farm Park is a 152-acre Orange County park located midway between Chapel Hill and Hillsborough on NC 86 and New Hope Church Road. The property was purchased by Orange County in 2001 with the intent to acquire the scenic historic property for a future park. A Master Plan was developed by a 14-member committee that featured low impact recreation areas (open space; trails, picnic areas) and retained the natural, scenic, agricultural and historic character of the former farm. In 2015 an "interim" facility and use plan for the park was developed and the park opened to the public on a limited basis. The interim facilities included constructing trails; picnic areas; a picnic shelter; a small parking area and renovation of some of the farm structures. In 2018 staff amended the Master Plan and the Board of County Commissioners approved the revised plan on March 20, 2018. The park is currently open seasonal hours Friday, Saturday and Sunday. III. Scope of Services: The project scope includes developing: • Turn lanes on NC 86 for the new park entrance, to be located north of the current narrow driveway; • A new entrance road for the park; • Parking area(s) for the existing park and proposed amenities; • Lighting and stormwater measures needed for the improvements above • 2 Picnic shelters (similar design to existing); • 2 Vault toilet facilities 26 • A parks office - approx. 1,400 sq. ft. (1 office; 1 restroom with shower; break room with kitchenette; two garage bays; and storage) • A Learning/Nature Center- (Scope to be determined) • Utilities as required for office and nature center; including a septic system • An amphitheater; with lighting; and storage/dressing rooms • Coordination with a disc golf course designer The Project Budget (including all fees): • $2,750,000.00 The selected firm will be responsible for providing professional services including civil engineering, landscape architecture and any other necessary consultant's needed to contract the scope of work listed above as Phase I. These responsibilities include: • Developing documents for the scope of services listed from schematic design, design development, construction documents, through bidding, and construction administration • Provide a timeline for implementation and completion of the project. • Cost estimates are to be provided and/or updated at the end of each phase. • Secure any required site plan approvals (The Master Plan has had a courtesy review with the Orange County Planning Department.) • Update the tree survey from 2001 • Assist in overseeing geotechnical work (not included as part of this contract) • Oversee construction of the project. The selected firm will work with an Owner design committee which shall include but not be limited to the Director of the Department of Environment Agriculture and Parks & Recreation; Park Manager; County Landscape Architect; Superintendent of Park Services; Cultural Resources Coordinator; County Land Conservation Manager; Department Business Operations Coordinator and the County Capital Projects Coordinator. The County Manager shall have final approval on all decisions relative to this project. Requirements also include: • Meeting biweekly or as required to receive input and/or provide updates. • Providing a Site Plan for use in public presentations. • Attending and assisting staff in presentations at an any public awareness meetings and/or Board of Commissioner meetings • As-builts of the completed project will be delivered to the owner in AutoCAD. IV. Available materials: • 2001 Topographic Survey • Adopted Master Plan and Revised adopted Master Plan • Interim-use Plan (with constructed Trail Map) 27 V. Procedures — Submitting Response: Qualifications must be received in the office of the Purchasing Agent, 200 S. Cameron Street, PO Box 8181, Hillsborough, NC 27278 no later than 5 pm (EST) July 24, 2018. All interested firms shall send an email indicating their interest and/or intent of filing a response to David Cannell by July 17, 2018 at dcannell aorangecountync.gov. All email notifications, as well as any other correspondence sent to the County relating to this RFQ, must contain within the subject line of the email the words "Site Development of Blackwood Farm Park RFQ #5252 ". The purpose of this email notification requirement is to allow staff to send to all interested firms any modifications, updates, or answers to general project questions that would likely benefit all parties. Interested firms are invited to submit any written questions they may have relating to this project. All questions must be submitted via email, with the aforementioned subject line heading, to David Cannell, by July 17, 2018. All questions will be compiled, and a complete list of written questions and answers will be forwarded to all firms that have sent an email indicating intent to respond to the RFQ. Proposals must be submitted by July 24, 2018 as detailed below. Preferably, offerors can provide all submittal components in Portable Document Format (PDF) transmitted through electronic mail (email). File size is limited to 15 MB. The proposals must conform to the requirements set forth in this RFQ, and shall include the following: 1. A cover letter identifying the firm, or firms proposed for a team approach for the project. (Maximum of one page in length.) 2. Qualifications of the firm. Maximum of 10 pages (front and back), including items 3 and 4 listed below. Submittals must include a firm overview and brief description of the firm's history. A project organizational chart and description may be included. Key members of the project team should be included in the organizational chart. Clearly identify the prime contractor and any sub- contractors, if relevant, and the general roles of each on the project. 3. An explanation of how the consultant will adhere to the scope of work including a proposed work timeline that appropriately meets the goals of this project. This narrative should include an explanation of the following: a. An indication of your understanding of the project, b. Descriptions of similar projects that the firm has completed. 4. Identification of the roles and responsibilities of all team members with the firm including: a. Team organization including an identification of the lead consultant and project manager, key personnel that will be working on the project, the role of any proposed consultants, etc., b. A statement of qualifications for all team members including resumes and educational background. One-page resumes of all key personnel should be provided. The office locations of each team member should be 28 specified on the resumes. The submittal should, as a part of the information provided for subcontractors, include the names, locations, and general roles of the project team members. c. A description of the current workload for identified individuals. 5. A minimum of three references for similar projects (Maximum of 5 pages; front and back) including: a. The name and date of the project, b. The location of the client, and c. A contact name including relevant contact information. d. At least one of these references should be able to describe the proposed project manager's experience and qualifications. All submittals, exhibits, responses, attachments, reports, charts, schedules, maps and illustrations shall become the property of Orange County upon receipt. PDF files should include bookmarks that link to sections to allow easy document navigation. Proposals may not use less than 12 point Times New Roman font. (Other fonts are acceptable but the size should be no smaller than 12 point. Since qualification packages can be submitted electronically, page limitations in this RFQ refer to pages of content. The page limitations do not include front cover, back cover, section dividers, or table of contents, if included. All submittals received will be reviewed against the selection criteria set forth in this RFQ by a selection committee composed of County staff. A short list will be developed. The short-listed firms may be invited to interview with the County on or about the second week of August 2018. A final selection will be made the following wee. VII. Selection Criteria: All submittals will be ranked based on qualifications. Orange County will establish a short list of candidates and schedule interviews accordingly. The following criteria will be the basis on which consultants will be evaluated (in no particular order): • Appropriate expertise and experience developing environmental sensitive projects, • Past performance of the lead consulting firm, on similar projects, • Adequate and experienced staff and proposed team for the project, • Recent experience with successfully maintaining project schedules and budgets, • Current workload and firm capacity, • Understanding of the area where the project is located, • Working arrangements with necessary consultants, and • Other factors that may be relevant to the project. 29 VII. General Requirements: Living Wage Orange County is committed to providing its employees with a living wage and encourages agencies it funds to pursue the same goal. A copy of Orange County's Living Wage Contractor Policy is included in Attachment C. E-Verify HB789 imposes E-Verify requirements on contractors who enter into certain contracts with state agencies and local governments. The legislation specifically prohibits governmental units from entering into certain contracts "unless the contractor and the contractor's subcontractors comply with the requirements of Article 2 of Chapter 65 of the General Statues." (Article 2 of Chapter 65 establishes North Carolina's E-Verify requirements for private employers.) It is important to note that the verification requirement applies to subcontractors as well as contractors. The new laws specifically prohibit governmental units from entering into contracts with contractors who have not (or their subcontractors have not) complied with E-Verify. VIII.Submission Requirements: Interested firms are required to submit an electronic copy of their submittal by 5:00 p.m. EST on July 24, 2018 and include all information as detailed herein. Submittals must be less than 15 MB in size. Alternatively, printed proposals may be delivered by hand or via U.S. Postal Service no later than 5:00 p.m. EST July 24, 2018 to: Purchasing Agent, 200 S. Cameron Street, PO Box 8181, Hillsborough, NC 27278 The County will not accept submittals for review that are received after the 5:00 p.m. deadline. It is the responsibility of the consultant to ensure that the proposal is received by the deadline date and time detailed herein. Questions relating to this RFQ can be directed to David Cannell in writing at the aforementioned address, emailed to dcannell(a)_orangecountync.gov, or you may contact Mr. Cannell at (919) 245-2651.