354-PR24-38 RFQ - Mills Park Community Center.pdf

v.11.30.23

REQUEST FOR QUALIFICATIONS

RFQ #354-PR24-38

Project Title: Mills Park Community Center

Issue Date: May 8, 2024

Due Date: June 11, 2024 at 10:00 AM ET

Issuing Department: Town Managers Office

Direct all inquiries concerning this RFQ to:

Paul Kuhn, PLA

Capital Program Manager Email: paul.kuhn@carync.gov v.11.30.23

Table of Contents

1 INTRODUCTION

1.1 Purpose

1.2 Background

1.3 RFQ Timeline

1.4 Pre-Submittal Conference

1.5 Questions

1.6 Submittal Requirements and Contact Information

1.7 Rights to Submitted Material

1.8 Communications

1.9 Lobbying

1.10 Gifts and Favors

1.11 Proposer Expenses

1.12 Proposer Acceptance

2 QUALIFICATIONS PACKAGE

2.1 Request for Qualifications Required Document Format

2.2 Hourly Rates

2.3 Qualifications Package Documents

3 PROPOSAL EVALUATION

3.1 Evaluation Criteria

3.2 Final Selection

3.3 Notice to Proposers

4 SCOPE OF SERVICES

5 EXECUTION OF PROPOSAL

APPENDIX I .................................................................................................................................................... i

APPENDIX II ................................................................................................................................................. ii

APPENDIX III ............................................................................................................................................... iii

1 INTRODUCTION

1.1 Purpose

The Town of Cary is seeking one or more qualified firm(s) with which to contract for the following services:

A multi-generational community center will be located on 100-acre property owned by Cary since 2001 and is located off Mills Park Drive. In order to complete this project Cary will need the following services:

Preliminary Design Design Development Construction Contract Documents Bidding and Construction Contract Award Construction Administration Phase Post-Construction Phase

A detailed scope of services is provided in Section 4 of this solicitation.

Information related to this solicitation, including any addenda, will be posted to the North Carolina electronic Vendor Portal (eVP) at https://evp.nc.gov/solicitations/.

1.2 Background

The last community center Cary constructed was in 2002 when the population of the community was just under 100,000. Cary current population is 180,000 and we have three community centers, a senior center and an arts center. Cary is now preparing to build two modern, multigenerational community centers. One is proposed in eastern Cary to replace an existing center. This one will be in the western part of the community which has grown in population the most over the last twenty years.

The 2012 Parks, Recreation and Cultural Resources (PRCR) Master Plan (which is also referenced in the 2017 Cary Community Plan) identified Mills Park for a future community center. The first phase of the park portion of Mills Park was originally developed in 2009 in partnership with Wake County Public Schools(WCPSS). In 2014, a concept plan for the second phase of Mills Park was developed which included a https://evp.nc.gov/solicitations/ playground, restroom, approx. 30 parking spaces and connecting trails to the Panther Creek Greenway. This phase was recently completed in 2024.

In 2022, the master planning for the Mills Park Community Center was begun. ADW Architects out of Charlotte and BRS Architects out of Denver, were selected for this study and developed a spatial program and conceptual studies of floor plans and architecture for the facility. The facility, as planned, will be approximately 114,000 GSF multi-generational community center.The following is the program for the Mills Park Community Center:

3 High School Gymnasiums with space for spectators – 33,000 SF Community Spaces – 13,500 SF o Multipurpose Rec Room o Classrooms o Childwatch o Indoor Playarea

Fitness – 16,000 SF – Proposed on two levels Ceramics/Arts – 7,000 SF o Visual, Performing and Open Studio spaces o Clay Storage and Kiln

Senior – 7,500 SF Adventure Track – 9,000 SF Admin/Lockers/Support/Circulation – 28,000 SF Loading Dock, Storage and Mechanical spaces Parking Deck – 2 level table top Lighted Artifical Turf Multi-purpose Field

Outdoor landscaping and program spaces including trail connections, gathering areas and outdoor performance spaces including areas for food trucks

Green Stomrwater Infrastructure

Additional information on the projects may be found on the project website:

https://www.carync.gov/projects-initiatives/project-updates/community-projects/community-center-projects

Schedule for the project is as follows and we will be looking for ways to expedite or to start early packages:

Bond funding vote scheduled for November 2024. Assuming Bond approval:

It is anticipated that the design and permitting will take up 2 years and be completed no later then the end of 2026.

Construction is scheduled to commence by 2027 (or sooner if early packages can be identified).

The Mills Park Community Center is anticipated to open in 2029.

1.3 RFQ Timeline

Provided below is a list of the anticipated schedule of events related to this solicitation.

The Town of Cary reserves the right to modify and/or adjust this schedule to meet the needs of the project. All times shown are Eastern Time (ET):

1.4 Pre-Submittal Conference

Non-Mandatory: All Proposers are URGED and cautioned to attend a PREPROPOSAL CONFERENCE/SITE VISIT set forth above. The preproposal conference allows the vendors to ask questions regarding the RFQ that will be included in a written addendum on the NC eVP website.

Vendor is cautioned that any information released to attendees during the preproposal conference, and which conflicts with, supersedes, or adds to requirements in this Request for Qualifications, must be confirmed by written addendum before it can be considered to be a part of this proposal.

RFQ Process Date and time

RFQ Advertisement Date May 8, 2024 Pre-Submittal Conference

May 16, 2024 at 10 AM at 425 Mills Park Drive, Cary, NC – Meet at the restroom/shelter by the playground.

Deadline for written questions May 23, 2024 at 10 AM Town Response to Questions (anticipated)

May 30, 2024 at 10 AM

Submittal Due Date and Time June 11, 2024 at 10 AM Evaluation Meeting (anticipated) Week of June 24th, 2024 Interviews (if required) Afternoon of July 25th, 2024 Selection Announcement (tentative) Week of July 29th, 2024 https://www.carync.gov/projects-initiatives/project-updates/community-projects/community-center-projects https://www.carync.gov/projects-initiatives/project-updates/community-projects/community-center-projects

It is the Proposer's responsibility to assure that all addenda have been reviewed and returned with the proposal.

1.5 Questions

Requests for clarification and questions to this RFQ must be received by the Town not later than the date shown above in Section 1.3, entitled “RFQ Timeline”, for the submittal of written inquires. The Town will not entertain any further questions after the due date.

All questions related to this solicitation must be submitted in writing (via email) to the following individual:

Contact Name Email Address Paul Kuhn, PLA paul.kuhn@carync.gov

Indicate “RFQ #354-PR24-38: MPCC Questions” in the subject of the email. Questions submitted via telephone will not be answered.

The Town shall issue addenda reflecting questions and answers to this RFQ, if any, which shall be posted to the NC eVP website. No information, instruction or advice provided orally or informally by any Town personnel, whether made in response to a question or otherwise in connection with this RFQ, shall be considered authoritative or binding.

Respondents shall be entitled to rely only on written material contained in an Addendum to this RFQ.

It is important that all Respondents submitting to this RFQ periodically check the NC eVP website for any Addenda. It is the Respondent’s responsibility to ensure that all addenda have been reviewed and, if required, signed and returned.

1.6 Submittal Requirements and Contact Information

Electronic responses ONLY will be accepted through the NC eVP website. Interested parties must be logged in to submit proposals electronically. Registration information is available at NC Electronic Vendor Portal (eVP). Proposals must be clearly marked with name of the submitting company, the RFQ number and RFQ title (Company Name 354-

PR24-38 MPCC).

Proposers must submit one (1) electronic version, submitted as a viewable and printable Adobe Portable Document File (PDF), on or before the submittal due date and time provided in Section 1.3. Submissions that do not comply with the stated submission method will be deemed non-responsive.

Cary reserves the right to reject any or all proposals for any reason and to waive any informality it deems in its best interest. Any requirements in the RFQ that cannot be met must be indicated in the proposal. Proposers must respond to the entire Request for Qualifications (RFQ). An incomplete proposal may be eliminated from consideration at the discretion of Cary. It is the responsibility of the Firm to ensure that their response arrives at the designated location specified in this Section by the due date and time specified in Section 1.3 RFQ Timeline.

https://evp.nc.gov/solicitations/ https://www.ips.state.nc.us/Vendor/VendorPubMain.aspx

1.7 Rights to Submitted Material

All proposals and supporting materials, as well as correspondence relating to this RFQ, shall become the property of the Town. The content of all submittals will be held confidential until the selection of the firm is made. Proposals will be reviewed by the Evaluation Team, as well as other Town staff and members of the general public who submit public record requests. Any proprietary data must be clearly marked. In submitting a Proposal, each Prospective Proposer agrees that the Town may reveal any trade secret materials contained in such response to all Town staff and Town officials involved in the selection process and to any outside consultant or other third party who serves on the Evaluation Team or who is hired by the Town to assist in the selection process. Proposals marked entirely as “confidential”, “proprietary”, or “trade secret” will be considered non-responsive and will be removed from the evaluation process.

1.8 Communications

All communications of any nature regarding this RFQ with any Town staff, elected Town officials, evaluation committee members are strictly forbidden from the time the solicitation is publicly posted until award. Questions must be submitted in writing to the individual designated in Section 1.5 prior to the deadline provided in Section 1.3.

Violation of this provision may result in the Firm’s proposal being removed from consideration.

1.9 Lobbying

By responding to this solicitation, the Firm certifies that it has not and will not pay any person or firm to influence or attempt to influence an officer or employee of the Town or the State of North Carolina, or any elected official in connection with obtaining a contract as a result of this RFQ.

1.10 Gifts and Favors

Contractor shall become aware of and comply with laws related to gifts and favors, conflicts of interest and the like, including N.C.G.S. §14-234, N.C.G.S. §133-1, and N.C.G.S. §133-32,

1.11 Proposer Expenses

The Town of Cary will not be responsible for any expenses incurred by any Firm in the development of a response to this Request for Qualifications or any other activities associated with this procurement including but not limited to any onsite (or otherwise) interviews and/or presentations, and/or supplemental information provided, submitted, or given to Town of Cary and/or its representatives. Further, the Town of Cary shall reserve the right to cancel the work described herein prior to issuance and acceptance of any contractual agreement/purchase order by the recommended Firm even if the awarding authority for each entity has formally accepted a recommendation.

1.12 Proposer Acceptance

Submission of any proposal indicates a Proposer’s acceptance of the conditions contained in this RFQ. The Town of Cary has the sole discretion and reserves the right to cancel this RFQ, and to reject any and all proposals, to waive any and all informalities and/or irregularities, if it is deemed to be in the Town’s best interests to do so. The Town of Cary reserves the right to accept or reject any or all of the items in the proposal, and to award the contract in whole or in part and/or negotiate any or all items with individual Firms if it is deemed in the Town of Cary’s best interest. Moreover, the Town of Cary reserves the right to make no selection if proposals are deemed not in the best interest of the Town of Cary.

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2 QUALIFICATIONS PACKAGE

Responses must follow the format outlined below. The Town may reject as non-responsive at its sole discretion any submittal that does not provide complete and/or adequate responses or departs in any substantial way from the required format.

2.1 Request for Qualifications Required Document Format

Responses should be divided into separate sections, listed sequentially as follows:

Section 1: Cover Letter Provide an introduction letter summarizing the unique qualifications of your Team to meet the needs of this project. This letter should be presented on the Lead Firm’s official letterhead and signed by an authorized representative who has the authority to enter into a contract with the Town on behalf of the Firm.

Include the name, title, address, telephone and email address of the individual who serves as the point of contact for this solicitation.

Section 2: Corporate Background and Experience Include background information on the Team and provide detailed information regarding the Team’s experience with similar projects. Provide a list of all similar local government contracts performed in the past five years by the team, accompanied by at least three references (Appendix I), including contact persons, firm, telephone number and email address.

Include the total amount invoiced for each listed project, the length of the project, and list of personnel involved in the project who are also proposed for the subject project named in this solicitation. Failure to provide a list of all similar contracts in the specified period may result in the rejection of the Firm’s proposal. The evaluation team reserves the right to contact any or all listed references, and to contact other public entities regarding past performance on similar projects.

Section 3: Project Understanding, Approach and Schedule Provide a comprehensive narrative, outline, and/or graph demonstrating the Team's understanding and approach to accomplishing the tasks outlined in the Scope of Work section of this RFQ. A description of each task and deliverable and the schedule for accomplishing each shall be included.

Note: Cary is expecting to hire the design team prior to the Bond Vote and we will negotiate the appropriate level of work to be completed prior to the vote.

Section 4: Team Firm, Experience and Certifications/Qualifications This section must include the proposed staffing, deployment and firm of personnel to be assigned to this project as well as all proposed sub-consultants (and please list point of contact for each sub-consultant that would be working on this project). The Proposer shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. A project-specific firm chart which clearly illustrates the roles, responsibilities, and the reporting relationships of each team member should be included.

2.2 Hourly Rates

This solicitation is being issued in accordance with NCGS 143-64.31, otherwise known as the Mini-Brooks Act, and therefore price cannot and will not be a determining factor in the selection of the successful contractor. One copy of the hourly rates for all proposed project personnel (including sub-consultants) should be uploaded with the proposal.

2.3 Qualifications Package Documents

This RFQ is comprised of the base RFQ document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFQ in advance of any Contract award are incorporated herein by reference.

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3 PROPOSAL EVALUATION

3.1 Evaluation Criteria

This is not a bid. There will not be a public opening. Proposals will be evaluated based on the following criteria:

Criteria (a) Weight

(b) Score (0-3)

(a) x (b) Weighted

Score Corporate Background and Experience 10%

Project Understanding 20%

Project Approach 30%

Team Firm, Experience, and Qualifications 40%

Final Score

Score Points 0 - Meets Expectation TO 3 - Exceeds Expectation

3.2 Final Selection

Proposals will be reviewed after opening and will be ranked in order of choice, at which point contract negotiations will begin with the most qualified firm. If negotiations are unsuccessful, Cary will then pursue negotiations with the next most qualified firm.

The Town shall not be bound or in any way obligated until both parties have executed a contract. The Town also reserves the right to delay the award of a contract or to not award a contract.

The general conditions and specifications of the RFQ, and/or written correspondence applicable to the RFQ, may become part of the contract documents. Failure of the awarded Contractor to perform as represented may result in contract cancellation.

3.3 Notice to Proposers

It shall be the Proposer’s responsibility to read the Instructions, all relevant exhibits and attachments, and any other components made a part of this RFQ, and to comply with all requirements and specifications provided herein. Proposers are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFQ.

4 SCOPE OF SERVICES

Awarded Contractor shall provide services, all as set forth in this RFQ and more particularly described in this Section 4.

A multi-generational community center will require the following services as outlined in the agreement:

Preliminary Design Design Development Construction Contract Documents Bidding and Construction Contract Award Construction Administration Phase Post-Construction Phase

In addition, the selected design firm should be prepared to work with a Commissioning Authority to achieve enhanced commissioning and potentially an art team that will incorporate an integrated art component at the facility. This facility is planned to be built using the construction manager at risk process and the design firm will assist in selecting this team. (Skanska provided cost estimating services during the study phase).

Cary seeks to design a building that is high performing in energy use and water use, examining options for increasing efficiency during the design phase, using lifecycle cost analysis. The outcome should be a building that is functional for the intended use, is durable, has added value for occupants and citizens, and utilizes cost-effective techniques and equipment. The selected design firm should be prepared to assist Cary in making decisions that deliver the best total building and site plan for the life of the building and the systems in place.

Since this facility will be part of the face of our community for at least 50 years, the building and the landscaping and any systems put in place should be aesthetically pleasing and lead by example regarding combining function, aesthetics, and sustainability.

The design team should work to incorporate the goals of the Cary Environmental Advisory Board Carbon Reduction Recommendations 2019, Resilient Cary Initiatives, or the Sustainable Strategic Energy Action Plan 2015.

Energy Performance Goals 30% reduction in building energy use from 2010 baseline using smart window, all LED lighting, efficient HVAC and water systems, enhanced insulation, radiant barriers and advanced building automation systems (BAS). Energy performance targets should be verified through whole-building energy simulation.

Engage a third-party commissioning agent to support the design, construction and eventual operation of a project that meets the owner’s project requirements for energy, water, indoor environmental quality and durability.

Participate in Duke Energy’s Energy Design Assistance program.

Utilize Duke Energy’s LED lights for parking and walkways.

Install rooftop solar PV’s as budget will allow. Provide for easy additional solar PV installation in the future as future budgets allow. Also provide a minimum number of EV charging stations with the ability to add more as future budgets allow.

Provide for building electrification. No combustion fuel sources except emergency generator.

EPA Energy Star appliances will be used when commercially available and are cost comparable to those in general use.

Preliminary design will include site orientation, the amount and type of fenestrations, passive shading, the potential for daylighting, the amount of insulation used, variable occupancy and operating conditions, maintenance considerations, and architectural features that affect the consumption of water and energy.

During the design development phase the selected design firm will perform a life-cycle cost analysis (LCCA)

Provide (LCCA) for at least three (3) designer-recommended alternatives for HVAC mechanical systems in the early phases of the project.

Interior Water Use Goals

Reduce indoor water use by 25-35% less potable water by using low-flush indoor plumbing fixtures.

Exterior Water Use/Landscaping Goals Landscaping should use hardy perennial plants with a strong preference for native or adapted plants. No invasive plant species should be used. Lists of designer recommended plants should be cross-checked to assure that they do not appear on the US Department of Agriculture, the US Forest Service, nor the NC Native Plant Society lists of invasive species. Should also check Cary’s “Plant Material List” most current version and currently dated July 2023.

Landscape design should consider minimizing maintenance when this can be achieved in an aesthetically pleasing way, as compatible with the Town’s LDO. Particular care should be used in complying with the Town’s ordinances involving trees.

No potable water used for permanent irrigation where possible and utilize reclaimed water which is available.

Green Stormwater Goals Only designs that comply with federal, state, and local laws and standards will be considered. In particular the designer should follow Section 6.3, Best Management Practices, of the Town of Cary Site Design Standards (August 9, 2012).

Green stormwater infrastructure, prioritize treating stormwater at source through practices that mimic natural landscapes.

As part of the design of the stormwater treatment device design, the designer will present at least two stormwater design alternatives for Town consideration.

The design alternatives presented should include a summary of 1) first cost, 2) schedule and cost of maintenance, 3) summary of relative risk of failure, 4) common problems encountered with devices of this kind, 5) added benefits like aesthetics, integration into overall site design, wildlife/environmental benefits, or other added benefits that system will provide over other options, and 6) useful life. Options must be presented in table format.

Occupant Health Elements of this kind may include low-VOC paints, carpets, and other finishes.

Light quality -- access to exterior views and natural light, appropriate acoustics, and other elements as deemed feasible by the design team. Materials selected shall have a positive history of durability.

This project may pursue Fitwel Single Tenant Design Certification or equivalency equal to the 1 Star level with minor additional owner/operational commitments.

Durability of Construction Materials Where possible, the design team should consider no-cost or low-cost options to improve the occupant experience in the building.

Materials selected shall have a positive history of durability.

Lifecycle of the building should be considered to be at least 50 years.

Planning & Design The facility shall employ cost-effective, energy-efficient, green building practices to the maximum extent practical. While it is not necessary to pursue official certification, using a performance standard like LEED can aid in communicating desired outcomes. At design phase, Cary will consult with the design team regarding choices that would allow Cary to communicate “LEED compliant” design and at which level that would be (Certified, Silver, Gold or Platinum).

http://www.townofcary.org/Assets/Planning+Department/Planning+Department+PDFs/appearancemanual/Cary+Site+Design+Standards.pdf

The facility’s indoor spaces shall be designed to provide convenient spaces for recycling that are easily available and accessible. Recycling will be co-located with trash to enable ease of use.

Where cost-effective and feasible, design elements that help to communicate with citizens should be included. See also “Post Construction” section on communication with citizens, below.

Enhanced Commissioning Consultant must work at all phases of design and construction with an independently contracted commissioning agent. Prior to the design phase, the Town will hire a commissioning agent to perform enhanced commissioning as defined by ASHRAE Guideline Zero or USGBC’s Leadership in Energy and Environmental Design (LEED) Building Design and Construction (BD+C) certification. When the LEED standard is used, the Commissioning Agent will be expected to meet the requirements in that standard that would yield points for Enhanced Systems Commissioning and Envelope Commissioning.

The enhanced commissioning agent will act on behalf of the Town and work closely with the design/construction team on the energy and water consumption performance of the building and assist the staff in optimizing energy use of the building.

The twelve-month commissioning evaluation will include testing and evaluation of all energy consuming building systems to verify that they are performing as designed, that all required operations and maintenance training has been completed, energy and water consumption monitored, and that the building is being operated and maintained in accordance with the instruction of the designer and equipment manufacturers. This includes a review of the twelve months of utility billing history to compare with the Engineer’s energy model.

Post Construction The design firm is responsible for assisting Cary with communication about the project, including the high performance qualities of the facility. A one-page summary of the building project, formatted and messaged for citizens, with a simple, clean look, with pictures, should be generated by the design firm prior to building opening. The formatting should be suitable for printing a poster or a web one-page summary.

Asset Management Plan to identify replacements and life expectancy of all items that go into the facility should be developed working closely with the CMAR.

Exceptions Any deviations from the above-outlined performance expectations must be requested and approved by Cary and Cary will need to deem the deviation to be justified by cost, logistical, or time considerations. Deviations should be requested and outlined as soon as possible, but certainly at key percent completion meeting dates. Any deviation or exception, along with the specific justification, will be documented fully and retained as part of final project documentation. As construction administrators, the design firm must be vigilant in assuring that any changes that affect energy consumption or energy cost be fully vetted and approved by Cary staff.

5 EXECUTION OF PROPOSAL

By submitting this proposal, the potential contractor certifies the following:

• This proposal is signed by an authorized representative of the Firm.

• The potential contractor has read and understands the conditions set forth in this RFQ to include any addenda and all attached exhibits and agrees to them with no exceptions.

• Any concerns or proposed changes to Appendix II should be attached in a spreadsheet format (see example on following page) identifying the section and proposed changes as part of this RFQ.

Signature:

Printed Name:

Title:

Date:

EXCEPTIONS TO RFQ

Check one: ☐ NO EXCEPTIONS, PROPOSER COMPLIES WITH ALL DOCUMENTS IN RFQ. ☐ EXCEPTIONS ARE LISTED BELOW:

# RFQ Page #, Section #, Appendix #

Exceptions [Describe nature of Exception]

Explain why this is an issue Proposed Alternative Indicate if exception is negotiable (N) or non-negotiable (NN)

FAILURE TO IDENTIFY ANY EXCEPTIONS WILL INDICATE ACCEPTANCE OF ALL TERMS AND CONDITIONS, AND REQUIREMENTS OF THE RFQ AND ANY CORRESPONDING ADDENDUM ISSUED. THE TOWN, AT ITS SOLE DISCRETION, MAY MODIFY OR REJECT ANY EXCEPTION OR PROPOSED

CHANGE.

Firm: Authorized Signature Title:

Printed Name of Signer

Date:

i

APPENDIX I

References

Offeror must supply at least (3) three Governmental Agency references for which local government recreational services have been performed during the past (5) five years.

Offerors are cautioned to provide accurate reference information. References will be checked during evaluation period.

OFFEROR:

CITY, STATE, ZIP:

Reference #1 Agency or Firm Name: __________________________________________________ Business Address _____________________________________________________ City: ___________________________ State: ________ Zip Code: __________ Phone Number: (____) _______________ Fax Number: (____) _______________ Email Address: ________________________________________________________

Reference #2 Agency or Firm Name: __________________________________________________ Business Address _____________________________________________________ City: ___________________________ State: ________ Zip Code: __________ Phone Number: (____) _______________ Fax Number: (____) _______________ Email Address: ________________________________________________________

Reference #3 Agency or Firm Name: __________________________________________________ Business Address _____________________________________________________ City: ___________________________ State: ________ Zip Code: __________ Phone Number: (____) _______________ Fax Number: (____) _______________ Email Address: ________________________________________________________ ii

APPENDIX II

SAMPLE AGREEMENT

AGREEMENT FOR PROFESSIONAL SERVICES

By and Between

THE TOWN OF CARY, as OWNER, and dated as of

TABLE OF CONTENTS

1. Scope of Services

2. Definitions

3. Responsibilities of the DESIGNER

3.1 Standard of Care

3.2 DESIGNER’s Consultants

4. Basic Services

4.1 Commencement of Basic Services

4.2 Total Project Cost Estimates and Total Project Cost

4.3 Basic Services

4.4 Contractor Documentation

5. Additional Services

6. Duration of DESIGNER’s Services

6.1 Scheduling of Services

6.2 Adjustments to the Schedule

7. DESIGNER’s Compensation

7.1 Compensation For Basic Services

7.2 Compensation For Additional Services

7.3 Reimbursable Expenses

7.4 Accounting Records

7.5 Total Fixed Fee

8. Responsibilities of the OWNER

8.1 Cooperation and Coordination

8.2 Surveys and Testing

8.3 Permits and Approvals

9. Insurance

9.1 General Requirements

9.2 Limits of Coverage

9.3 OWNER’s Insurance Option

10. Damages and Remedies

10.1 Services, Reimbursement and Deductions

10.2 Indemnities

10.3 Non-Exclusivity of OWNER’s Remedies

10.4 Remedies Not Waived

10.5 Waiver of Damages

11. Amendments to the Agreement

11.1 Changes in Basic Services

11.2 OWNER Changes

12. Termination and Suspension

12.1 Termination for Convenience of the OWNER

12.2 Other Termination

12.3 Compensation After Termination

12.4 Survival

12.5 Suspension

13. Ownership of Documents

13.1 OWNER’s Ownership of Documents

13.2 Termination

13.3 Other Projects

13.4 Incorporation of Provision in all Contracts

14. Additional Provisions

14.1 Confidentiality

14.2 Dissemination of Information

14.3 Limitation and Assignment

14.4 Governing Law

14.5 Dispute Resolution

14.6 Extent of Agreement

14.7 Severability

14.8 Resolving Discrepancies

14.9 Conduct

14.10 Gifts and Favors

14.11 Data, Designs, Drawings, Memoranda, Etc.: Protocol

14.12 Compliance

14.13 Public Records

14.14 Notice

14.15 No Third Party Beneficiaries

14.16 Independent Contractor

14.17 Nondiscrimination

14.18 Pre-Audit Requirement

14.19 Performance of Government Functions

14.20 Principles of Interpretation and Definitions

14.21 Further Assurances

14.22 No Waiver of Qualified Immunity

14.23 Federal Funds

14.24 Emergencies

14.25 Electronic Signatures

14.26 List of Attachments

ATTACHMENTS

Attachment A -- Description of the Project Attachment B -- Key Milestone Listing Attachment C -- Consultants and Key Personnel Attachment D -- Basic Services Attachment E -- Additional Services Attachment F -- Basic Services Compensation Attachment G -- Additional Services Hourly Rates Schedule Attachment H -- Format of Total Project Cost Estimates Attachment I -- Insurance Certificate v.9.26.22

AGREEMENT FOR PROFESSIONAL SERVICES

This Agreement, made by and between the Town of Cary (hereinafter, the "OWNER") and

, a professional [architectural] [engineering] [landscape architectural] firm with a partner or principal registered in North Carolina as a licensed architect and with offices in North Carolina (hereinafter, the "DESIGNER").

WITNESSETH

That the OWNER and DESIGNER, for the consideration herein named, do hereby agree as follows:

ARTICLE 1

SCOPE OF SERVICES

1.1 This Agreement is for professional [architectural] [engineering] [landscape architectural] services to be rendered by DESIGNER to OWNER with respect to the project known as , located in the Town of Cary, North Carolina, and generally consisting of _______. The DESIGNER is responsible for performing certain portions of the project, as more particularly described in Section 2.37 and Attachment A.

1.2 By its execution of this Agreement, the DESIGNER represents and agrees that it is qualified and fully capable to perform and provide the professional [architectural] [engineering] [landscape architectural] services and other services required or necessary under this Agreement in a fully competent, professional and timely manner.

1.3 The services to be performed under this Agreement consist of Basic Services (hereinafter defined) and such Additional Services (hereinafter defined) as may be designated in Article 5 of this Agreement or as may from time-to-time be agreed upon by the OWNER and DESIGNER by Written Amendment. All services performed by the DESIGNER not identified as Additional Services in Attachment E or in a Written Amendment shall be deemed to be Basic Services that are to be provided without additional compensation.

1.4 The amount of Compensation for Basic Services is described for such services in

Attachment F. The Compensation for Basic Services shall be paid in accordance with Section 7.1. Compensation for Additional Services shall be as described for such services in Section 7.2 and Attachment G, or as set forth in a Written Amendment regarding such services.

1.5 The Town’s Request for Qualifications, entitled

and dated , and the DESIGNER’s Proposal dated are hereby incorporated into the description of Basic Services by reference. Discrepancies between this Agreement, the Request for Qualifications, and the DESIGNER’s Proposal shall be resolved as provided in Section 14.8.

1.6 Time is of the essence as to this Agreement.

ARTICLE 2

DEFINITIONS

2.1 Addenda. Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the Construction Contract Documents.

2.2 Additional Services. Those services that may be provided by the DESIGNER in connection with the Project for additional compensation, as described in Article 5, Attachment E and Attachment G.

2.3 Agreement. This agreement between the OWNER and DESIGNER concerning the DESIGNER’s Services to be provided to the OWNER. The Agreement establishes the rights and obligations of the OWNER and DESIGNER in connection with the Project. The Agreement includes all Attachments hereto, the Request for Proposals and the subsequent Proposal submitted by the DESIGNER, and any Written Amendments.

2.4 Application for Payment. The form that is to be used by a Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Construction Contract Documents.

2.5 Basic Services. Those professional services required to be provided by the DESIGNER in connection with the Project that are described in Attachment D and designated therein as services that are to be provided by DESIGNER under this Agreement.

2.6 Bid. The offer or proposal of a bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

2.7 Bidding and Construction Contract Award Phase. See Attachment D for this definition.

2.8 Bidding Documents. The Bidding Requirements and the proposed Construction Contract

Documents (including all Addenda issued prior to receipt of Bids).

2.9 Bidding Requirements. The Advertisement or Invitation to Bid, Instructions to Bidders, Bid security form, if any, and the Bid form with any Addenda.

2.10 Certificate of Final Completion. Certificate issued by the OWNER when the Work has been completed in accordance with the Construction Contract Documents and the OWNER has received all documents and items necessary for closeout of the Work.

2.11 Change Order. A document recommended by the DESIGNER that is signed by a Contractor and OWNER and authorizes an addition, deletion, or revision in the Work or an adjustment in a Construction Contract Price or Construction Contract Time, issued on or after the effective date of the Construction Contract.

2.12 Claim. A demand or assertion by OWNER or a Contractor seeking an adjustment of a

Construction Contract Price or Construction Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.

2.13 Compensation for Additional Services. All compensation due DESIGNER from OWNER for Additional Services, to be calculated and paid in accordance with Section 7.2 and Attachment G.

2.14 Compensation for Basic Services. All compensation due DESIGNER from OWNER for all services under this Agreement except for Compensation for Additional Services and Reimbursable Expenses, if any.

2.15 Construction Administration Phase. See Attachment D for this definition.

2.16 Construction Contract. The written instrument that is evidence of an agreement between the

OWNER and a Contractor covering the Work.

2.17 Construction Contract Documents. The documents that establish the rights and obligations of the OWNER and Contractor and include the Construction Contract, the Bidding Requirements, the Bidding Documents, the Addenda (that pertain to the Construction Contract Documents), the Contractor’s Bid (including documentation accompanying the Bid and any post Bid documentation submitted prior to the Notice of Award) when attached as an exhibit to the Construction Contract, the Notice to Proceed, the Bonds, the General Conditions, the Supplementary Conditions and any Special Conditions, the Specifications and the Drawings as the same are more specifically identified in the Construction Contract, together with all Written Amendments, Change Orders, Work Change Directives, Field Orders, and DESIGNER’s written interpretations and clarifications issued on or after the Effective Date of the Construction Contract. Approved Shop Drawings and the reports and drawings of subsurface and physical conditions are not Construction Contract Documents.

Only printed or hard copies of the items listed in this paragraph are Construction Contract Documents. Files in electronic media format of text, data, graphics, and the like that may be furnished by OWNER to Contractor are not Construction Contract Documents.

2.18 Construction Contract Documents Phase. See Attachment D for this definition.

2.19 Construction Contract Price. The moneys payable by OWNER to a Contractor for completion of the Work in accordance with Construction Contract Documents.

2.20 Construction Contract Times. The number of days or the dates stated in the Construction

Contract Documents to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion;

and (iii) complete the Work so that it is ready for final payment as evidenced by DESIGNER’s written recommendation of final payment.

2.21 Contractor. An individual or entity engaged directly by the OWNER pursuant to a

Construction Contract. The term “Contractor” includes the terms “Subcontractor” and “Supplier” and the Contractor’s, Subcontractor’s and Supplier’s successors, assigns, employees, agents, consultants and other representatives and anyone for whose acts a Contractor, Subcontractor or Supplier is legally liable.

2.22 Design Development Phase. See Attachment D for this definition.

2.23 DESIGNER. The individual or entity named as such in the Agreement. The term

“DESIGNER” means the DESIGNER and the DESIGNER’s Consultants and their successors, assigns, employees, agents, consultants and other representatives and anyone for whose acts the DESIGNER is legally liable.

2.24 DESIGNER’s Consultants. Any individuals or entities having a contract with DESIGNER to furnish services as DESIGNER’s independent professional associate or consultant with respect to the Project. See Section 3.2.1 and Attachment C for specific provisions regarding and identification of DESIGNER’s Consultants.

2.25 DESIGNER’s Services. The professional services and other services required or necessary under this Agreement, consisting of Basic Services and such Additional Services as are agreed upon by the OWNER and DESIGNER by Written Amendment or otherwise in accordance with this Agreement.

2.26 Drawings. That part of the Construction Contract Documents prepared or approved by

DESIGNER which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings hereunder.

2.27 Effective Date of the Agreement. The date of delivery to the DESIGNER from the OWNER of a fully executed original of this Agreement. The DESIGNER is to submit its executed counterpart of this Agreement to the OWNER, and this Agreement will be fully executed upon the OWNER’s counterpart being executed by the Town Manager or the Mayor (or another individual executing the counterpart on behalf of the OWNER after having been duly appointed to do so by the OWNER).

2.28 Field Order. A written order issued by DESIGNER that requires minor changes in the Work but that does not involve a change in the Construction Contract Price or the Construction Contract Times.

2.29 General Conditions. That part of the Construction Contract Documents that supplements a Construction Contract and that describes the rights, responsibilities and relationships of the OWNER, DESIGNER and Contractor.

2.30 Key Milestone Listing. The list of the sequence and timing of the design and construction activities. See Section 6.1 and Attachment B.

2.31 Laws and Regulations. Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction over the Project.

2.32 Milestone Dates. The dates set forth in the Key Milestone Listing.

2.33 OWNER. The Town of Cary, a municipal corporation in North Carolina, and its successors and assigns, and the party for whom the DESIGNER’s Services are to be performed. The term “OWNER” means the OWNER and the OWNER’s Representative.

2.34 OWNER’s Representative. The OWNER’s Representative is .

The Owner’s Representative may be an employee, agent or other representative of the Owner, and may be an individual or any one of several identified individuals, or a committee or entity, in which case the committee or entity shall select one or more individuals to speak and act on its behalf and on behalf of the Owner. The OWNER’s Representative shall have the express authority to bind the OWNER with respect to all matters requiring the OWNER’s approval or authorization. Except as otherwise specifically stated, the DESIGNER does not have such authority.

2.35 Post-Construction Phase. See Attachment D for this definition.

2.36 Preliminary or Schematic Design Phase. See Attachment D for this definition.

2.37 Project. The following phases of the Project that is to be undertaken in connection with this

Agreement that are designated in Attachment D as phases in which the DESIGNER is to provide services to the OWNER: the Schematic Design Phase, the Design Development Phase, the Construction Contract Document Phase, the Bidding and Construction Contract Award Phase, the Construction Administration Phase and the Post-Construction Phase. The Project may be enlarged to include Additional Services through Written Amendments or as otherwise allowed herein.

2.38 Project Manual. The bound documentary information prepared for bidding and constructing the Work and includes the Advertisement for Bids, Instructions to Bidders, Bid Forms, Agreements, Bonds, General Conditions, Supplementary Conditions, Special Conditions, Specifications, and Appendices.

2.39 Reimbursable Expenses. If there are expenses that are to be separately reimbursable by

OWNER to DESIGNER under this Agreement, they will be specified as such in Section

7.3 hereof. Unless expenses are specifically designated or described herein as separately reimbursable, expenses of DESIGNER in performing DESIGNER’s Services hereunder shall be deemed compensated by the Compensation for Basic Services and/or the Compensation for Additional Services (if any).

2.40 Request for Qualifications. The invitation for a professional services firm, typically with a partner or principal registered in North Carolina as a licensed architect, engineer or landscape architect and with offices in North Carolina, to bid on the right to supply DESIGNER services to the Town of Cary. The specific Request for Proposals made in connection with the making of this Agreement is specified in Section 1.5 hereof.

2.41 Samples. Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.

2.42 Shop Drawings. All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for a Contractor and submitted by Contractor to illustrate some portion of the Work.

2.43 Site. The lands or areas that will be indicated in the Construction Contract Documents as being furnished by OWNER, upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by OWNER that are designated for the use of Contractor. The Site may not be specifically identified until after the Effective Date of this Agreement, but shall be specified in the Construction Contract Documents, and reference herein to the “Site” shall mean such areas once determined and specified.

2.44 Specifications. That part of the Construction Contract Documents consisting of written technical descriptions of materials, equipment, systems, standards, and workmanship as applied to the Work and certain administrative details applicable thereto. Specifications include all Sections included under the Technical specifications of the Project Manual.

2.45 Subcontractor. An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work on the Project.

2.46 Substantial Completion. The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of the DESIGNER and with the approval of the OWNER the Work (or a specified part thereof) is sufficiently complete, in accordance with the Construction Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The OWNER’s receipt of all certificates of occupancy applicable to the Project is a condition precedent to the Work being deemed “Substantially Complete.” The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof.

2.47 Supplementary Conditions. That part of the Construction Contract Documents that amends or supplements the General Conditions.

2.47 Special Conditions. That part of the Construction Contract Documents that amends or supplements the Supplementary Conditions.

2.48 Supplier. A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with a Contractor or Subcontractor to furnish materials or equipment to be incorporated in the Work by a Contractor or Subcontractor.

2.49 Total Project Cost; Total Project Cost Estimate. The “Total Project Cost Estimate” is an estimate of the total cost of the Project developed in accordance with Section 4.2 and Attachment H. The “Total Project Cost” is the Total Project Cost Estimate that is approved by the OWNER in accordance with Section 4.2.

2.50 Utilities Infrastructure. All underground or above-ground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

2.51 Work. The entire completed construction or the various separately identifiable parts thereof required to be provided to the OWNER under the Construction Contract Documents by parties other than the DESIGNER.