23CSG194M NHS Tennis Court Design RFQ.pdf

Town of Needham

Department of Public Works

Public Services Administration Building, 500 Dedham Avenue

Needham, Massachusetts 02492

Telephone (781) 455-7550

ACKNOWLEDGEMENT OF RECEIPT

Release Date January 26, 2023

Qualifications Title NHS Tennis Court Design

ID Number 23CSG194M

Number of

Documents

The Bid Package consists of 2 PDF documents. Returning this form confirms receipt of all the documents.

Pre-Proposal Meeting February 7, 2023 at 10:00am

Questions Due February 9, 2023 at 5:00pm

Qualifications Due

February 16, 2023 at 1:00pm, Administration Office of the

Department of Public Works located at the Public Services

Administration Building, 500 Dedham Ave., Needham, MA, 02492 Please provide the requested information below as acknowledgment that you have received our bid package noted above. It is recommended that interested bidders complete this acknowledgment and return via email to dpwadmin@needhamma.gov or fax to the Department of Public Works at

(781) 449-9023. Only by doing this, will the Town be able to provide notification of any addenda or answered questions relating to this bid. Only those companies or individuals shown on the Distribution Register will receive addenda to this bid. By completing and returning this acknowledgement will ensure you are recorded on the Distribution Register. Proposals from companies or individuals not acknowledging the addenda may be rejected as not responsive.

Name of Company or

Individual

Name / Title of

Contact

Address

City/Town, State, Zip

Code

Telephone Number

Fax Number

Email Address

Signature

Date

Addenda will be posted to the Town’s website. Please check the website for addenda before submitting your bid to the Town. Bidders who access the bid package from the Town’s website are responsible for checking the website periodically for any addenda that may be issued by the Town.

mailto:dpwadmin@needhamma.gov

23CSG194M Page 1

NHS Tennis Court Design

23CSG194M

Release Date January 26, 2023

Pre-Proposal

Conference February 7, 2023 @ 10:00am

Deadline for

Questions February 9, 2023 @ 5:00pm

Qualifications

Due

February 16, 2023 @ 1:00pm

Director of Finance and Administration

PSAB

500 Dedham Ave.

Needham, MA 02492

23CSG194M Page 2

(Advertised in the Hometown Weekly issue of Thursday, January 26, 2023)

(Advertised on the MNPA’s website, Thursday, January 26, 2023)

(Published in Central Register issue of Wednesday, January 25, 2023)

(Advertised in CommBuys on January 26, 2023)

LEGAL NOTICE

TOWN OF NEEDHAM, MASSACHUSETTS

DEPARTMENT OF PUBLIC WORKS

Request for Qualifications

RFQ 23CSG194M

The Town of Needham invites statements of qualifications for NHS Tennis Court Design.

Information and details of bidding requirements will be available beginning Thursday, January

26, 2023, at the DPW Administration Office, Public Services Administration Building, 500

Dedham Ave, Needham, Massachusetts 02492, by calling (781) 455-7550, or online at http://needhamma.gov.

A pre-bid conference will be held on February 7, 2023 at 10:00am at Needham High School, 609 Webster Street, Needham, MA.

Sealed proposals will be received at the DPW Administration Office, Public Services

Administration Building, 500 Dedham Ave, Needham, Massachusetts 02492 until 1:00pm, February 16, 2023. Finalists’ interviews are tentatively scheduled for March 1, 2023.

The right is reserved by the Town of Needham to reject or accept any or all statements of qualifications if it is in the public interest to do so.

Kate Fitzpatrick

Needham Town Manager

January 26, 2023 http://needhamma.gov/

23CSG194M Page 3

23CSG194M

Procurement in Brief

Primary Procurement Contact

Cecilia Simchak, Director of Finance/Administration for Public Services

781-455-7550

Project Manager Stacey Mulroy, Director of Park & Recreation

Event Date Details

Project Name NHS Tennis Court Design

Contract ID Number 23CSG194M

Request for

Qualifications (RFQ)

Available

January 26, Information and details of bidding requirements may be obtained at the Administration Office DPW, PSAB, 500

Dedham Ave., Needham, MA 02492, or online at the

Town’s web site http://www.needhamma.gov/bids.aspx

Pre-Proposal Site

Visit & Meeting

February 7, 2023 @

10:00am

Needham High School, 609 Webster Street, Needham, MA

Bid Deposit N/A

Deadline for Written

Questions

February 9, 2023 @ 5:00pm

By Mail: DPW - 500 Dedham Ave., Needham, MA 02492

By Email: dpwadmin@needhamam.gov

By Fax: 781-449-9023

Questions are to be clearly labeled as: QUESTIONS -

RFQ 23CSG194M – NHS Tennis Court Design

Addenda

If any changes are made to this bid, an addendum will be issued. Addenda will be posted on the Town’s webpage and emailed to all bidders on record as having received the bid package.

When and where bids are due

1:00pm, February 16, Administration Office DPW, PSAB, 500 Dedham Ave., Needham, MA 02492.

LATE BIDS WILL NOT BE CONSIDERED

Proposal Opening

Qualifications will not be publicly opened. A register of proposals received will be made available upon request.

Notify all bidders of finalists selected for interviews

February 27, Time of interview scheduled at time of notification

Interviews (if required) March 1, 2023

Interviews will be tentatively scheduled with the selection subcommittee in Needham, MA.

Contract Award Mid-March Approval of Town Manager and Town Counsel is REQUIRED

Contract Length Contract will begin upon execution and is anticipated to be complete October 31, 2023.

http://www.needhamma.gov/bids.aspx

23CSG194M Page 4

Section 1 – General Conditions and Submission Requirement

1.01 Introduction

The Town of Needham, through the Town Manager and its Department of Park and

Recreation, (“Owner”), invites consulting firms to provide qualifications for NHS Tennis

Court Design.

The term of this Agreement shall be upon execution until October 31, 2023.

One (1) original, five (5) copies of the proposals and one (1) electronic copy must be submitted to the attention of Cecilia Simchak, Director of Finance/Admin for Public Services, Administration Office, Public Services Administration Building, 500 Dedham Ave, Needham, Massachusetts 02492 by February 16, 2023 at 1:00pm. All proposals must include the attached certificate of non-collusion. All consultants shall furnish proof of a minimum of ten

(10) continuous years in business.

Selected consultant interviews will be conducted by a Selection Committee and are tentatively scheduled to take place on March 1, 2023. The successful consultant must enter into the Form Agreement prepared by Town Counsel (Sample Available Online). The selected consultant will be invited to meet with the Town to negotiate for specific tasks and made part of the consulting contract as required.

The Town of Needham reserves the right to reject or accept any or all statements of qualifications that it considers to be in the best interest of the Town. The Town Manager is the Awarding Authority for the project. The Town Manager and the DPW are the jurisdictional body overseeing the site and the facility with operations management provided by the DPW.

1.02 Requests for Interpretation

Consulting Firms shall promptly raise the issue of any ambiguity, inconsistency, or error, which they may discover upon examination of the RFQ Documents or any other conditions, which apply to the work. Consulting Firms must note that statements made orally are not binding on the Town and only written responses by the Town will be considered. Questions must be sent in writing by email to dpwadmin@needhamma.gov by February 9, 2023 at

5:00pm. To identify questions coming in, please write in the subject area the following RFQ

23CSG194M NHS Tennis Court Design – Questions. Requests properly presented that in the opinion of the Town require interpretation, correction, or change in the RFQ documents shall result in an issuance of an Addenda to the RFQ Documents. Such Addenda shall subsequently become part of the RFQ Documents. All addenda are required to be acknowledged in the RFQ package submission.

1.03 CORI/SORI Requirements

In accordance with G.L. c. 71, § 38R, the Town may request and obtain all available criminal offender record information (CORI) from the Criminal History Systems Board of any employee of the Consultant “who may have direct and unmonitored contact with children” during the performance of their work on school property.

As a condition of the award of any contract pursuant to this RFQ, and prior to commencement of any work, the successful Consultant shall complete and sign a CORI Request Form to obtain

CORI if, in the determination of the Town, some or all of the employees or contractors of the

Consultant “may have direct and unmonitored contact with children” during the performance mailto:dpwadmin@needhamma.gov

23CSG194M Page 5 of their work on school property.

Pursuant to G.L. c. 6, §§ 178C-178P, the Contractor authorizes the Town to use local and national sexual offender registry information (SORI) to determine if any of Contractor’s employees pose an unreasonable risk to children within the Needham Public Schools.

The Town shall provide the CORI Request Forms as needed.

Further the Contractor’s employees will be subject to a fingerprint-supported national criminal history background checks. The Contractor will ensure any required fee is paid, and that the

Town will not be charged for the cost of this requirement.

1.04 Statement of Compliance

Statement of Compliance stating that persons employed by the award recipient are paid in accordance with the provisions of Sections 26 to 27H of Chapter 149 of the General Laws.

The selected consulting firm will not be permitted to either assign or underlet the contract, nor assign either legally or equitably any monies there under, or its claim thereto without the previous written consent of the Town.

1.05 General Safety, Licenses, & Performance

The consultant’s personnel working on this project must hold all necessary licenses and permits to perform the work required under this Agreement as required by the Town of

Needham under the Commonwealth of Massachusetts regulations. Fire details are required for all work performed that requires an open flame within an occupied building.

Most of the work under this agreement is anticipated to be between the hours of 7:00 a.m.

to 5:00 pm, Monday through Friday. No work is to be performed without the expressed and written permission of the Town.

All work will be done in accordance with applicable industry standards, codes and regulations, and/or manufacturer's specifications. The selected consultant firm is responsible for providing adequate safety measures during work to ensure protection of life and property.

The selected consultant shall be informed that there is a thirty (30) day cancellation clause in this contract for improper service. Complaints not rectified within a reasonable length of time from day of notice as determined by the Town may cause the Town to notify the consultant by registered or certified mail that the contract will be cancelled thirty days from the date of the letter.

Any defective workmanship shown to be caused by improper or faulty installation shall cause the consultant to correct, repair and/or replace all material and labor at no cost to the

Town. The consultant will warrant that all workmanship shall be first class and shall be performed by persons qualified and licensed in their respective trades.

Any additional work that is performed as a part of this agreement must be approved by the appropriate Town authority. The absence of approval from the appropriate Town authority will be considered a violation of the contract.

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1.06 Invoices & Reporting

Invoices shall be submitted by the successful consultant on a per job basis for work performed under this agreement after the completion of the work detailed in the scope of work. Any work that is performed as a part of this agreement must be approved by the appropriate by the Director of Park and Recreation or their designee. The absence of approval from the appropriate Town authority will be considered a violation of the contract.

Invoices and reports must be sent to the Town of Needham, Department of Public Works, 500 Dedham Avenue, Needham, MA 02492.

1.07 Site Maintenance & Inspection

The selected consultant will be responsible for maintaining the work site in a safe and orderly fashion on a daily basis. The consultant is responsible for the proper securing of all items associated with the project, including but not limited to: debris, tools, material, scaffolding, ladders, etc. The consultant is responsible for the removal and disposal of all debris and materials generated from this project.

1.08 Supplemental Equal Employment Opportunity Anti-Discrimination and

Affirmative Action Program

Contractors are required to comply with the objectives of the Contract Compliance

Procedures of the Minority Business Enterprise Program for the Town of Needham and ensure that appropriate minority manpower utilization targets are achieved for all construction contracts for which direct contract award exceeds $50,000.

- Intentionally left blank -

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Section 2 – Scope, Schedule, and Fees for Design Services

2.01 Project Scope

The Town is seeking proposals from qualified engineering firms for design services for improvements and/or a complete renovation to the existing Needham High School Tennis

Courts. The current tennis courts located at Needham High School need renovation, including the tennis court surface and coatings, underground drainage and electrical utilities, fencing, and lighting. Also included in the design will be the potential of additional tennis courts at this same site.

The selected consultant will be responsible for the below tasks.

Task 1: Existing Conditions Analysis

Task 2: Conceptual Design

Task 3: Schematic Design

Task 4: Public Engagement

Task 5: Design Development Drawings

Task 6: Bidding Assistance

A. Task 1: Existing Conditions Analysis

The selected consultant will be responsible for doing an existing conditions analysis of the tennis courts. This includes an analysis to compare the need for improvements versus a full renovation. Included in their existing conditions analysis must be:

i. Surface of tennis courts

ii. Coatings of tennis courts

iii. Underground drainage

iv. Electrical utilities

v. Fencing

vi. Lighting

vii. ADA Accessibility

The consultant must also determine if there is the ability on the existing site to add additional courts. The consultant will work with the Town to review any existing surveys.

The consultant will deliver a written existing conditions analysis to the Town. As part of

Task 1, the consultant should plan on at a minimum, two (2) site visits, including one

(1) with Town representatives.

B. Task 2: Conceptual Design

The selected consultant shall provide up to four (4) conceptual designs for the Town to review. At least one of these conceptual designs must be an improvement of the existing court facilities and not a full renovation.

As part of the Conceptual Design Phase, the consultant should plan on up to two (2) meetings (can be in person, virtual, or hybrid) with the Town to discuss options. The

Town will determine which design to move forward with prior to Task 3.

C. Task 3: Schematic Design

The selected consultant will prepare a schematic design of the selected option, including

23CSG194M Page 8 plans, graphics, details, an initial cost estimate, and a construction schedule. As part of the Schematic Design Phase, the consultant should plan on up to four (4) meetings (can be in person, virtual, or hybrid) with the Town.

D. Task 4: Public Engagement

The selected consultant will present the schematic design, once approved by the Town, in a public setting. This shall include up to five (5) meetings with various groups, including but not limited to the Planning Board, the Park & Recreation Commission, the

Community Preservation Committee, and the Select Board. These meetings may be attended virtually or in person.

E. Task 5: Design Development Drawings

Once approved, the selected consultant will take the schematic design and compile design development drawings. Documents will be prepared in accordance with the Town of Needham protocols. When finished, the documents will be submitted for the review and consideration of the Town. Included in the design development will be:

i. A list of recommended materials and products

ii. Advanced drawings including utilities, surface treatments, and feature details

iii. Cost estimates

iv. Specifications with details

v. Construction schedule, with any lead times

As part of the Design Development Drawings Phase, the selected consultant should plan on up to two (2) additional meetings with the Town.

F. Task 6: Bidding Assistance

The selected consultant will provide bidding assistance, including submitting bid specifications and plans to the Town, attendance at the pre-bid, assistance with any questions and addendum, and reference checks for the bidders.

2.02 Preliminary Project Schedule

Task 1: Existing Conditions Analysis – March – April 2023

Task 2: Conceptual Design – April – May 2023

Task 3: Schematic Design – May – July 2023

Task 4: Public Engagement – August – September 2023

Task 5: Design Development Drawings – September – October 2023

Task 6: Bidding Assistance: October 2023

2.03 Design Fee

The selected consultant will negotiate a fee not to exceed $50,000.

23CSG194M Page 9

Section 3 – Response to RFQ

3.01 Designer Qualifications

This RFQ will be appended to and become part of the Contract for Designer Services. Any

Designer selected as a result of this RFQ will be required to execute the “Agreement between Owner and Designer” that can be found attached hereto (Attachment A).

Designers submitting an application in response to this RFQ must specify any exceptions to the Contract at the time of application. The Owner may consider any such exceptions but shall not be bound by any such exceptions. A failure to specify exceptions will be deemed an acceptance of the Contract's terms and conditions.

The successful Respondent will be required to provide a Certificate of Professional Liability

Insurance at the time of contract execution, in accordance with Article 11 of the Agreement

– Attachment A. The successful respondent shall identify reimbursable expenses which shall be included within the not to exceed fee.

A. Project Work Plan

In the Project Work Plan, please indicate the number of hours the firm will commit to working on this project per month.

The Designer’s Work Plan submitted with his/her proposal will be considered an estimate.

After award of a contract, the Owner and Designer will review the Work Plan originally submitted and accept as submitted or modify to meet the Owners milestones. The

Designer’s adherence to the accepted Work Plan times will be part of the Owner’s performance evaluation of the Designer’s work, which will be conducted at the end of the

Project.

B. Qualifications Required

In evaluating qualifications, the Owner and Department of Park and Recreation will consider the members of the proposed design team. The firm’s name, individual’s name, and

Massachusetts professional registration or license number, as applicable, must be listed in the application for each category of work or expertise. The member(s) of the proposed design team will be responsible for the following categories of work:

1) Architecture

2) Cost Estimating

3) MAAB and ADA accessibility

Applicants must address in their application whether each category of work listed above is to be performed by in-house staff or by a sub-consultant(s). Some of these categories of Design expertise may have minimal involvement in the

Feasibility Report phase of the work but will have more detailed involvement in the final Detailed Design documents, and therefore should be identified at this time.

Failure to address each category may result in the elimination of the applicant from consideration on this project. Applicants should not list any consultants other than those for the categories of work listed above.

C. SDO Goal

Pursuant to M.G.L. c 7C, §6 and M.G.L. c. 7, §61, the Supplier Diversity Office (“SDO”)

23CSG194M Page 10

(formerly SOMWBA) and the Division of Capital Asset Management (“DCAM”) have set revised participation goals for Minority Business Enterprise (“MBE”) and Women Business

Enterprise (“WBE”) participation for affected state funded building projects and state assisted municipal building projects as defined in the above referenced laws and related

Executive Orders, including Executive Orders 524 and 526.

Effective January 1, 2012, and until such time as the goals may be revised, the MBE and

WBE participation goals for building construction and design awards and expenditures on new projects advertised on or after the effective date will be a combined MBE/WBE goal as follows:

10.4% combined MBE/WBE participation on construction contract awards; and, 17.9% combined MBE/WBE participation on design contract awards.

Overall annual designations by awarding authorities, as well as MBE/WBE participation on individual projects with a combined MBE/WBE participation goal, must include a reasonable representation of both MBE and WBE firms that meets or exceeds the combined goal.

Proposed MBE/WBE participation plans that include solely MBE or solely WBE participation or do not include a reasonable amount of participation by both MBE and WBE firms to meet the combined goal will not be considered responsive. Where the prime contractor or designer is an SDO certified MBE or WBE, the prime must bring a reasonable amount of participation by a firm or firms that hold the certification which is not held by the prime contractor or designer on the project. Proposed participation on construction projects or design projects which consists solely of either an MBE or WBE representing 100% of the overall combined goal will not be considered reasonable participation.

The SDO and the Awarding Authority will determine whether there is reasonable participation by both MBE and WBE firms on individual projects under their respective oversight. Firms submitting MBE/WBE participation plans which do not provide reasonable participation by both MBE/WBE firms shall be provided an opportunity to revise and resubmit their plans within the time frame set by the awarding authority; however no price adjustments shall be permitted as a result of the revised plan. Firms failing to submit an

MBE/WBE participation plan deemed reasonable and accepted by the awarding authority shall not be awarded the contract.

Participation by MBE and WBE firms must be documented, tracked and reported on separately as MBE participation and WBE participation by prime vendors, subcontractors and awarding authorities.

Participation by MBE and WBE firms will continue to be tracked, reported and monitored separately to ensure that both MBE and WBE firms are participating on these projects. Not every project will have the full MBE/WBE goals set forth above due to their size, scope, or geographic location, as certain projects may have reduced goals, or in some cases no goals, as determined by the public awarding authority

D. RFQ Response Requirements

Persons or firms interested in applying must meet the following requirements:

1. Applications - one (1) original, five (5) copies and one (1) electronic copy in PDF or similar format on a flash drive - must be received on or before 1:00pm, February 16, 2023. The applications must include the following:

a. Cover letter – 2 page maximum

23CSG194M Page 11

b. Completed DCAMM Designer Application Form. Applications are limited to the application plus a maximum of 3 supplementary pages, double sided, not including the required documents listed below. Information in excess of three pages may be the basis of rejection. The Applications shall be on “Standard

Designer Application Form for Municipalities and Public Agencies not within DSB

Jurisdiction” (updated May 2013) or most recent version as developed by the

Designer Selection Board of the Commonwealth of Massachusetts. The form can be found at the Massachusetts DCAMM web site.

c. Evidence of professional liability insurance with at least the minimum liability coverage amounts noted in this RFQ -Attachment A- Article 11

d. Preliminary Work Plan identifying design tasks and responsible sub-consultants and incorporating the specified schedule into a project calendar (Maximum of two double-sided pages)

e. List of similar projects, including references, original cost estimate, and actual project cost

f. Identify all project team members, their roles, and include resumes with relevant past projects

g. Attachment B: Certificate of Non-Collusion; Attachment C: Certifications;

Attachment D: Certificate of Authority (if applicable); and Attachment E:

Certificate of Compliance with Massachusetts Tax Laws,

h. SDO (formerly known as SOWMBA) - MBE or WBE certificates (as applicable to project team members).

Proposal packages should be provided in simple spiral binders or stapled. Double-sided printing is encouraged where appropriate to reduce paper.

2. Qualifications shall be addressed to the attention of:

Director of Finance/Admin for Public Services

Department of Public Works

500 Dedham Ave

Needham, MA 02492

Tel: (781) 455-7550

3. Qualifications must be clearly identified by marking the package or envelope with the following:

Town of Needham – NHS Tennis Court Design

Contract ID# 23CSG194M

Qualifications for __________________________“Insert Name of Applicant”

4. All questions regarding this RFQ should be addressed exclusively in writing in accordance with the Deadline for Written Questions in the Procurement Schedule to:

DPW - Admin

Town of Needham

500 Dedham Ave

Needham, MA 02492

Tel: (781) 455-7550

Email: dpwadmin@needhamma.gov

The deadline for questions is 5:00pm, February 9, 2023.

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E. Pre-Proposal Meeting

A Pre-Proposal meeting will be held as follows:

When: 10:00am, February 7, 2023

Where: Needham High School, 609 Webster Street, Needham, MA

Attendance is encouraged but not required for submission of qualifications.

Section 4 - Selection

4.01 Selection Criteria

The Owner, through its Department of Park & Recreation, will consider the following criteria in evaluating Qualifications:

1. Demonstrated recent experience and expertise with similar Designs with specific emphasis on tennis court design performed within the past five years;

2. Past performance of the firm, if any, with regard to public or private projects across the Commonwealth, with respect to:

a. Quality of project design

b. Quality, clarity, completeness, and accuracy of plans and reports

c. Ability to meet established program requirements within allotted budget

d. Ability to permit complex projects

e. Coordination and management of consultants

f. Working relationship with local awarding authority, staff, and local officials;

3. Identification and quality of work of the firm, if any, with regard to prior similar design services provided to the Town of Needham or other municipalities, and state agencies;

4. Current workload and ability to undertake the contract based on the number and scope of projects for which the firm is under contract or projected to be under contract for the duration of this project. Capacity of the firm to meet the time commitments required by the project;

5. The financial stability of the firm;

6. The identity and qualifications of the consulting firms who will work on the project and the qualifications of the key personnel and consultants to be assigned to the project;

7. Geographical proximity of the firm to the project site or willingness of the firm to make site visits and attend local meetings as required by the client;

8. References from recent clients for similar projects;

9. Team’s ability to meet the SDO goals for MBE & WBE participation;

10. Any other criteria the selection committee considers relevant to the project.

4.02 Evaluation

A. Proposal Evaluation Criteria

Overall

Highly Advantageous

The proposal is complete and demonstrates a clear understanding of the services to be performed and how the services will be provided in accordance with the Town needs.

The Bidder exceeds the Minimum Qualifications.

Advantageous The proposal is complete and the Bidder meets all the Minimum

Qualifications.

Not Advantageous The proposal is incomplete/is not clear whether it satisfies the services, but the Bidder meets all of the Minimum Qualification.

Unacceptable The Firm does not meet the Minimum Qualifications.

Experience of Identified Staff

The lead personnel have ten (10) or more years’ experience with projects similar to those outlined in the RFQ.

Advantageous The lead personnel have five (5) or more years’ experience with projects similar to those outlined in the RFQ.

Not Advantageous The bidder has three (3) or more years’ experience with projects similar to those outlined in the RFQ.

Unacceptable The bidder has less than three years’ supervisory with projects similar to those outlined in the RFQ.

Experience of Supervisory Personnel

The lead personnel have ten (10) or more years’ supervisory experience with projects similar to those outlined in the RFQ.

Advantageous The lead personnel have five (5) or more years’ supervisory experience with projects similar to those outlined in the RFQ.

Not Advantageous The bidder has three (3) or more years’ supervisory experience with projects similar to those outlined in the RFQ.

Unacceptable The bidder has less than three years’ supervisory experience with projects similar to those outlined in the RFQ.

Experience and Capabilities of the Firm

The bidder has ten (10) or more years’ experience in providing services comparable to that listed in the overview of services.

Advantageous The bidder has five (5) or more years’ experience in providing services comparable to that listed in the overview of services.

Not Advantageous The bidder has three (3) or more years’ experience in providing services comparable to that listed in the overview of services.

Unacceptable The bidder has less than three (3) or more years’ experience in providing services comparable to that listed in the overview of services.

Management Approach & Capacity to Perform Work

Highly Advantageous

The proposal is complete and demonstrates a clear understanding of the services to be performed and how the services will be provided in accordance with the Town needs. The Bidder exceeds the Minimum Qualifications.

Advantageous The proposal is complete and the Bidder meets all the Minimum

Qualifications.

Not Advantageous The proposal is incomplete/is not clear whether it satisfies the services, but the Bidder meets all of the Minimum Qualification.

Unacceptable The Firm does not meet the Minimum Qualifications.

Successful Completion of Similar Projects

The bidder has ten (10) or more years’ experience in providing services comparable to that listed in the overview of services and has evidence of successful completion.

Advantageous The bidder has seven (7) or more years’ experience in providing services comparable to that listed in the overview of services and has evidence of successful completion.

Not Advantageous The bidder has five (5) or more years’ experience in providing services comparable to that listed in the overview of services. and has evidence of successful completion.

Unacceptable The bidder has less than five (5) years’ experience in providing services comparable to that listed in the RFP in relation to the work required and has evidence of successful completion.

Successful Completion of Projects in the New England Area

The bidder has five (5) or more years’ experience providing services comparable to that listed in the RFQ with

Massachusetts Municipal Clients.

Advantageous

The bidder has three (3) or more years’ experience providing services comparable to that listed in the RFQ with

Massachusetts Municipal Clients.

Not Advantageous

The bidder has one (1) or more years’ experience providing services comparable to that listed in the RFQ with

Massachusetts Municipal Clients.

Unacceptable The bidder no experience providing services comparable to that listed in the RFQ with Massachusetts Municipal Clients.

4.03 Interviews

As part of the evaluation process, the Evaluation Committee will require a presentation by

Bidders that meet the Minimum Quality Requirements. Interviews will consist of questions from the selection committee on the technical proposal, and bidders must be ready to speak to their qualifications and action plans for this project.

Presentations should be no longer than 15 minutes, with approximately 20 minutes additional reserved for questions from the Evaluation Committee.

A presentation to the Evaluation Committee is a requirement for award of a contract.

Bidders that fail to make a presentation will be deemed non-responsive and therefore the proposal will be rejected.

Interview

Bidder offers an exceptionally creative, well organized and compelling presentation, and demonstrates an ability to effectively communicate ideas and plans. The Bidder responds to the Committee’s questions with factual and clear answers and follows up on Committee requests for additional information promptly (less than 24 hours).

Advantageous

Bidder offers a clear well organized presentation and demonstrates an ability to effectively communicate ideas and plans. The Bidder responds to the Committee’s questions with factual and clear answers and follows up on Committee requests for additional information within the time frame agreed to at the presentation (usually not more than 2 business days).

Not Advantageous

Bidder offers an unclear and confusing presentation and does not effectively communicate their ideas and plans. The Bidder responses to the Committee’s questions were unclear and/or did not follow up on any request for additional information promptly. Failure to provide requested information within the agreed time will be a basis for rejection of the Bidder.

Unacceptable Bidder declines or does not make a presentation.

23CSG194M Page 4

4.04 Bidder References

Quality of References

Four clients contacted by the Town, among them at least three municipalities, commented substantively and positively on their experiences with the Bidder and their expertise and gave the firm a highly positive recommendation.

Advantageous

Three clients contacted by the Town, among them at least two municipalities/schools, commented substantively and positively on their experiences with the Bidder and their expertise and gave the firm a highly positive recommendation.

Not Advantageous

One client contacted by the Town commented substantively and positively on their experiences with the Bidder and gave the firm a highly positive recommendation.

Unacceptable No client contacted by the Town commented substantively and positively on their experiences with the Bidder.

Section 5 - Other

Rule for Award

The Town reserves a period up to forty-five (45) calendar days following the opening of the qualifications in which to evaluate and award the contract.

The Town herein declares its express purpose not to award the contract to any Designer unable to furnish evidence, satisfactory to the Town, that is has sufficient ability, experience, and capital to execute and complete the work in accordance with the contract.

The Designer must possess and identify the physical resources, equipment, and personnel necessary to carry out the work in accordance with the specified requirements. If requested, any Designer MAY be required to demonstrate financial stability satisfactory to the Town.

The Department of Park and Recreation and Town Manager are the awarding authority for the contract (Attachment A, or a contract substantially in this form). Further the contract will not be binding until it has been approved as to form by Town Counsel. Award, payment, and performance obligations shall depend on the availability and appropriation of funds.

The Town reserves the right to reject any and all qualifications as determined to be in the best interests of the Town and to waive minor informalities.

The Award of this Feasibility Study will not preclude the selected designer from future

Detailed Design work associated with this project.

Federal and State Taxes

The Town is exempt from federal and state sales taxes and/or use taxes. Taxes are not to be included in the Proposal price to be negotiated with the winning Designer.

Information about changes to the RFQ (Addenda)

In the event that changes/additions are made to this RFQ, an addendum will be issued.

Addenda will be emailed to every potential responder on record as receiving the RFQ package. It is necessary for the perspective Designer to submit the “ACKNOWLEDGEMENT

OF RECEIPT” so that Addenda can be forwarded to interested firms.

Examination of documents and questions

The Designer shall be satisfied as to the requirements of the contemplated services to enable intelligent preparation of this Proposal. The Designer shall be familiar with all of the

RFQ documents before submitting the Proposal so that no misunderstanding shall exist in regard to the nature and character of the contemplated services to be performed. No allowance will be made for any claim that the Proposal is based on incomplete information.

Inquiries concerning any part of this RFQ shall be directed to the individual(s) listed under the Procurement Schedule. Designers should note that oral communications are not binding on the Town. All requests/questions must be submitted in writing. Questions must be sent in writing and may be delivered by hand, fax, or email as referenced under the Procurement

Schedule by the deadline. The Town will respond to written questions that are received by the deadline and will forward responses to all persons who are on record as receiving the

Proposal package. Questions received after the due date will not be responded to unless the

Town determines it is necessary. Designers, please allow enough time for hand delivery or facsimile transmissions.

Proposal modifications or withdrawals

Qualifications may be corrected, modified, or withdrawn prior to the submission deadline;

requests to do so must be received in writing to the Town Manager. After the submission deadline, qualifications may not be changed. Minor mistakes may be waived by the Town.

Premature opening of a Proposal

The Town will not be responsible for the premature opening of any qualifications not properly identified. The Town may reject qualifications which are incomplete, not properly endorsed or signed, or which otherwise are contrary to these instructions.

Unexpected closure of delays

If, at the time of the scheduled proposal submission deadline, the building is closed due to uncontrolled events such as fire, snow, ice, wind, building evacuation, or other the deadline will be postponed until 2:00 P.M. on the next normal business day. Qualifications will be accepted until that date and time.

Late submissions

The Town assumes no responsibility for late submissions due to mail, courier, or delivery problems. LATE QUALIFICATIONS WILL NOT BE CONSIDERED.

Rejection of bids

The Qualifications must satisfy all the requirements of the RFQ in order to be considered for award. Failure to complete the required forms, answer any questions, or provide the required documentation will be deemed NON-RESPONSIVE and result in rejection of the qualifications unless the Town determines that such failure constitutes a minor informality that can be corrected without prejudice to other Designers. A proposal may be rejected if the Designer:

• Fails to adhere to one or more of the provisions established in the RFQ;

• Fails to submit its proposal by the time or in the format specified herein or to supply the minimum information requested herein;

• Fails to submit its proposal to the required address on or before the specified submission deadline;

• Misrepresents its service or provides demonstrably false information in its proposal;

• Fails to provide material information;

OR

• Submits a proposal that is incomplete, not properly endorsed, or signed.

The Town reserves the right to reject any and all qualifications as determined to be in the best interests of the Town and to waive minor informalities.

General and special provisions

The consideration of all bids and subsequent selection of the successful applicant shall be made without regard to race, color, sex, age, handicap, religion, political affiliation or national origin.

The Designer shall adhere to the provisions of the Fair Employment Practices Law of the

Commonwealth (Massachusetts General Laws, Chapter 151B)

The provisions relating to non-discrimination and affirmative action in employment shall flow through all contracts and subcontracts that the successful Designer may receive or award as a result of this contract.

Services provided by the Designer shall be rendered through a professional services contract; the Designer will not be considered an employee of the Town and will not receive any benefits of an employee.

The Designer shall comply with Massachusetts General Laws, Chapter 66A if the Designer becomes a “holder” of “personal data”. The Designer shall also protect the physical security and restrict any access to personal or other Town data in the Designer’s possession or used by the Designer in the performance of the Contract, which shall include, but is not limited to the Town’s public records, documents, files, software, equipment, or systems.

Ownership of Documents: All qualifications, materials, drawings, plans, etc. shall become the property of the Town and may not be disposed of without notification and shall be considered public information.

The Designer selected shall be expected to comply with all applicable federal and state laws in the performance of services.

By execution of a contract with the Town of Needham, the Designer acknowledges that the

Town of Needham is a municipality for the purposes of Massachusetts General Laws, Chapter 268A (the Massachusetts conflict of interest statue), and agrees, as circumstances require, to take actions and to forbear from taking actions so as to be in compliance at all times with the obligations of the contractor based on said statute.

Contract terms and conditions

The contract is anticipated to be executed by the date indicated under Procurement

Schedule for this Proposal. The Town reserves the right to change, delay, cancel, or expedite the contract execution date. The selected Designer is required to furnish all bonds and certificate of insurances required under the contract, in a form acceptable to the Town prior to the execution date.

The Town’s Standard Contract is incorporated herein as Attachment A. Bidders are expected to review the sample contract. Unless otherwise noted by the Town in this RFQ, the terms and conditions contained therein are NOT negotiable.

Section 6 - Attachments

Attachment A: Certificate of Authority

Attachment B: Certificate of Non-Collusion

Attachment C: Certifications

Attachment D: Certificate of Compliance with Massachusetts Tax Laws

Attachment E: Sample Master Agreement Between Owner and Consultant

Attachment A: Certificate of Authority

CERTIFICATE OF AUTHORITY

1. I hereby certify that I am the Clerk/Secretary of _____________________________

(Insert full name of Corporation)

2. corporation, and that __________________________________________________

(Insert the name of officer who signed the contract and bonds)

3. is the duly elected ____________________________________________________

(Insert the title of the officer in line 2)

4. of said corporation, and that on __________________________________________

(The date must be ON OR BEFORE the date the officer signed the contract and bonds.)

at a duly authorized meeting of the Board of Directors of said corporation, at which all the directors were present or waived notice, it was voted that

5. _____________________________________ the______________________________

(Insert name from line 2) (Insert title from line 3) of this corporation be and hereby is authorized to execute contracts and bonds in the name and on behalf of said corporation, and affix its Corporate Seal thereto, and such execution of any contract of obligation in this corporation’s name and on its behalf, with or without the

Corporate Seal, shall be valid and binding upon this corporation; and that the above vote has not been amended or rescinded and remains in full force and effect as of the date set forth below.

6. ATTEST: _______________________________________ AFFIX CORPORATE

(Signature of Clerk or Secretary)* SEAL HERE

7. Name: _________________________________________

(Please print or type name in line 6)*

8. Date: __________________________________________

(Insert a date that is ON OR AFTER the date the officer signed the contract and bonds.)

* The name and signature inserted in lines 6 & 7 must be that of the Clerk or Secretary of the corporation.

This form is required to be submitted with the RFQ Proposal if the Proposal is signed by a person other than the owner or president of the company.

Attachment B: Certificate of Non-Collusion

The undersigned further certifies under the penalties of perjury that this bid is in all respects bona fide, fair and made without collusion or fraud with any other person. As used in this subsection the word “person” shall mean any natural person, joint venture, partnership, corporation or other business or legal entity. The undersigned further certifies under penalty of perjury that the said undersigned is not presently debarred from doing public construction work in the commonwealth under the provisions of section 29F of chapter 29, or any other applicable debarment provisions of any other chapter of the General Laws or any rule or regulation promulgated thereunder. The undersigned hereby certifies that s/he will comply with all laws and regulations applicable to awards made subject to Massachusetts General

Laws Chapter 7.

Bidder Name Date

Signature of Individual Submitting the Bid

Individual Full Name / Title

Name of Business

Business Address

City/Town State

THIS FORM MUST BE COMPLETED AND FILED WITH THE PROPOSAL SUBMISSION

Attachment C: Certifications

In accordance with M.G.L. c. 7 § 38H (b), the undersigned states that the wage rates and other costs used to support the designer's compensation are accurate, complete, and current at the time of contracting; and agrees that the original contract price and any additions to the contract may be adjusted within one year of completion of the contract to exclude any significant amount if the fee was increased by such amounts due to inaccurate, incomplete or noncurrent wage rates or other costs.

In accordance with M.G.L. c. 7 § 38H(b), the undersigned certifies under penalties of perjury that the designer or construction manager has not given, offered, or agreed to give any person, corporation, or other entity any gift, contribution, or offer of employment as an inducement for, or in connection with, the award of the contract for design services.

The undersigned certifies under penalties of perjury that no consultant to, or subcontractor for, the designer or construction manager has given, offered, or agreed to give any gift, contribution, or offer of employment to the designer or construction manager, or to any other person, corporation, or entity as an inducement for, or in connection with, the award to the consultant or subcontractor of a contract by the designer or construction manager.

The undersigned certifies under penalties of perjury that no person, corporation, or other entity, other than a bona fide full-time employee of the designer or construction manager, has been retained or hired by the designer or construction manager to solicit for or in any way assist the designer or construction manager in obtaining the contract for design services upon an agreement or understanding that such person, corporation, or other entity be paid a fee or other consideration contingent upon the award of the contract to the designer; and

Signature of individual submitting Proposal Date

Name of Business (please type or print)

Attachment D: Certificate of Compliance with Massachusetts Tax Laws

Certificate of Good Standing issued by the Massachusetts Department of Revenue dated no earlier than 90 days before the bid submission deadline may be submitted in place of this certificate.

Pursuant to M.G.L. c.62C, §49A , the undersigned acting on behalf of the Contractor* certifies under the penalties of perjury that the Contractor is in compliance with all laws of the Commonwealth relating to taxes including payment of all local taxes, fees, assessments, betterments and any other local or municipal charges (unless the Contractor has a pending abatement application or has entered into a payment agreement with the entity to which such charges were owed), reporting of employees and contractors, and withholding and remitting child support.**

(1) Contractor: _________________________________________ Date:_______________

Print Name: __________________________

Social Security Number: ____________________

Corporation, Association or Partnership:

_________________________________________ (Print)

Federal Tax ID Number or Social Security Number:

(2) By: _________________________________________ Date:_______________

(Authorized Corporate Signature)

Title: _________________________________

Note to Contractor***: Please sign at (1) or (2), whichever applies.

In order to comply with all laws of the Commonwealth relating to taxes, the undersigned certifies that

Contractor (check applicable item):

1. _____ has filed all tax returns and paid all taxes required by law; or

2. _____ has filed a pending application for abatement of such tax; or

3. _____ has a pending petition before the appellate tax board contesting such tax; or

4. _____ does not derive taxable income from Massachusetts Sources such that it is subject to taxation by the Commonwealth

* As used in this certification, the word “Contractor” shall mean any natural person, business, partnership, corporation, union, committee, club, or other organization, entity, or group of individuals.

* The provision in this Certification relating to child support applies only when the Contractor is an individual.

*** Approval of a contract or other agreement will not be granted until the Town of Needham receives a signed copy of this…