AE24-010 Design Services for the Tanyard Branch Trail Neighborhood Connector.pdf

Design Services for Tanyard Branch Trail Neighborhood Connector Bid: A/E 24-010, Town of Chapel Hill, North Carolina June 5, 2024 Page 1 of 16

Notice of Request for Qualifications

For

Design Services for the Tanyard Branch Trail Neighborhood Connector

BID: A/E 24 -010

FROM: ZAKIA ALAM, PURCHASING & CONTRACTS MANAGER

SUBJECT: REQUEST FOR QUALIFICATIONS FOR:

DATE: June 5, 2024

The Town of Chapel Hill is requesting Statements of Qualifications from firms interested in providing design services for the development of greenway segments of the Tanyard Branch

Trail Neighborhood Connector.

Statements of Qualifications are due to Zakia Alam, Purchasing & Contracts Manager, Town of Chapel Hill, via email at zalam@townofchapelhill.org in PDF format by 2:00 P.M.

on June 25, 2024.

Questions concerning this Request for Qualifications must be submitted in writing to Ben

Berolzheimer at bberolzheimer@townofchapelhill.org by June 12, 2024. All responses to submitted questions will be published as an addendum on the Town’s website at www.townofchapelhill.org by 5:00 p.m. June 18, 2024.

Any questions concerning the advertisement should be directed to Zakia Alam at zalam@townofchapelhill.org.

The Town of Chapel Hill reserves the right to reject any and all statements of qualifications.

mailto:zalam@townofchapelhill.org mailto:bberolzheimer@townofchapelhill.org mailto:zalam@townofchapelhill.org

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REQUEST FOR QUALIFICATIONS

Bid: A/E 24-010

The Town of Chapel Hill is requesting Statements of Qualifications from firms interested in providing design services for the development of greenway segments of the Tanyard Branch

Trail Neighborhood Connector.

Statements of Qualifications are due to the Purchasing & Contracts Manager, via email at zalam@townofchapelhill.org in PDF format with “Tanyard Branch Trail Neighborhood

Connector RFQ” in the subject line by 2:00 P.M. on June 25, 2024.

Project Description

The Tanyard Branch Trail Neighborhood Connector greenway will connect Estes Drive

Extension and the Northside neighborhood (Broad Street in Carrboro, NC) adjacent to and through Town-owned property. A portion of this greenway is being designed and constructed as part of the Tanyard Branch Trace affordable housing development on Jay Street in Chapel Hill, which will also provide a connection to the existing Tanyard Branch Trail. See Attachment A.

The Town is requesting qualifications from professional services firms to design the portions of this greenway that are not being constructed by the Tanyard Branch Trace project (see map below) and to prepare and submit any required permit applications, ensure the project is designed to the appropriate local, state, or federal guidelines, and to prepare all plans and specifications as are necessary for bidding the project.

Previously referred to as the Campus-to-Campus Connector, this project is now being called the

Tanyard Branch Trail Neighborhood Connector and is part of the Town’s Everywhere-to-

Everywhere Greenways network map. It is a priority for the Town to provide all residents with safe and accessible off-road transportation infrastructure, especially the future residents of

Tanyard Branch Trace.

Tanyard Branch Trail Neighborhood Connector

Scope of Work:

The Town is interested in contracting with a design firm to provide the following services:

1. Design and engineer a paved greenway or multi-use path that connects Estes Drive

Extension (NCDOT-owned) and the Northside neighborhood (Broad Street in Carrboro, NC).

mailto:zalam@townofchapelhill.org https://www.chapelhillaffordablehousing.org/jay-street-affordable-housing-development https://www.townofchapelhill.org/home/showpublisheddocument/8543/635485371912800000 https://townofchapelhill.maps.arcgis.com/apps/mapviewer/index.html?webmap=4279c4c8c82d4122b2bd3c397436479f https://townofchapelhill.maps.arcgis.com/apps/mapviewer/index.html?webmap=4279c4c8c82d4122b2bd3c397436479f

June 5, 2024 Page 3 of 16

a. If the connection to Estes Drive Extension proves infeasible or overly complex/costly, connecting to Village Drive is an option.

2. Design and engineering are only needed for the southern connection to Broad St and the northern connection to Estes Drive from the extent of Town-owned property. Other segments are being constructed by the developer of Tanyard Branch Trace.

3. For each segment, develop preliminary cost opinions and notes on constructability, environmental conditions, safety, and property impacts.

4. Work with Town staff to conduct any needed public engagement.

5. Design the greenway to at least AASHTO standards while also drawing from NACTO, ITE, and other relevant research and best practices.

6. Evaluate all existing underground and overhead utilities that may conflict with project limits. If necessary, coordinate with utility owners on relocation plans.

7. Coordinate throughout the design process with relevant Town departments, including but not limited to Planning, Affordable Housing, and Stormwater.

8. In addition to Town staff, coordinate with relevant project stakeholders throughout the design process, which could include NCDOT, Norfolk Southern Railroad, and the Town of Carrboro.

a. The greenway is not expected to be within or intersect the railroad right-of-way.

9. Perform all required Federal, State, and Local environmental investigations and secure all needed permits.

10. Prepare all plans and specifications required for bidding the project.

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Attachment A

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Statement of Qualifications:

1. Limit your SOQ to 11 pages; this does not include the cover page and table of contents.

2. Include information about your company, including key staff members. Identify the roles of those staff members who will actually lead the project and provide a summary of their experience for each person.

3. Firm Experience and References: A summary of similar projects recently completed by the firm and relevant experience illustrating the firm’s capabilities. Please include references for three (3) similar projects

4. Workload: Statement concerning your ability to work continuously and diligently on this project.

5. Sub-consultant personnel experience: Names of any outside consultants, associates, and contractors proposed to be involved with this project and their role.

6. Any additional information or approaches that you believe may be useful in our selection process.

7. Submittal should be in the form of a PDF.

Process for Selection of Vendor:

The Town follows the qualifications-based selection process (NCGS 143-64.31) for procuring professional services. The Town may choose to interview firms or directly negotiate with the top ranked firm(s). The Town will seek to negotiate a contract, a general scope of services, fee schedule, etc. with the preferred firm(s). If unable to reach an agreement, the Town of Chapel

Hill will terminate negotiations and commence negotiations with the next ranked firm(s). Each

SOQ will be evaluated on the Consultant’s responsiveness to the requirements of this SOQ.

Each Firm will be evaluated based on the following factors:

• Firm experience designing multi-use paths.

• Familiarity with project goals/objectives and approach to design.

• Project manager and key staff experience with similar projects.

Depending on the information and number of proposals received, we may have an interview process.

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Contact Information:

For information related to the site and the specifics of the proposal please contact:

Ben Berolzheimer, Mobility and Greenways Planner bberolzheimer@townofchapelhill.org

Questions may be submitted electronically only to the contact above no later than June 12, 2024.

Responses will be issued as an addendum and posted on the Town’s website at www.townofchapelhill.org under “Bid Notices” no later than June 18, 2024.

SUBMISSION SCHEDULE AND KEY DATES

June 5, 2024 RFQ Published

June 12, 2024 Deadline for Questions

June 18, 2024 Issue Addendum (posted to town website)

June 25, 2024 2:00 pm Statement of Qualifications submitted in PDF format

July 15 , 2024 Firm Selection and Notification*

August 12, 2024 Anticipated Notice to Proceed

* Notification will ONLY be sent to selected firm.

Federal Funding:

This Contract is funded, in whole or in part, by federal assistance. Accordingly, the federal provisions contained in Exhibit B apply, as applicable.

Insurance:

The successful firm shall procure and maintain during the life of the contract the following insurance coverage’s:

Worker’s Compensation: Coverage to apply for all employees for statutory limits in compliance with the applicable state and federal laws. The policy must include employer’s liability with a limit of $100,000 for each accident, $100,000 bodily injury by disease each employee and $500,000 bodily injury by disease policy limit.

Commercial General Liability: Shall have minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include premises and/or operations, independent contractors, products and/or completed operations, mailto:bberolzheimer@townofchapelhill.org http://www.townofchapelhill.org/

June 5, 2024 Page 7 of 16 broad form property damage and explosion, collapse and underground damage coverage, sudden and accidental pollution losses, and a contractual liability endorsement.

Business Auto Policy: Shall have minimum limits of $1,000,000 per occurrence combined single limit for bodily injury liability and property damage liability. This shall include owned vehicles, hired and non-owned vehicles and employee non-ownership.

Professional Liability Insurance: The selected firm will be required to furnish proof of

Professional Liability insurance coverage in the minimum amount of $1,000,000.

Special Requirements:

The Town of Chapel Hill is to be named as an additional insured on the Commercial General

Liability policy.

Current, valid insurance policies meeting the above requirements shall be maintained for the duration of the project. Renewal certificates shall be sent to the Town of Chapel Hill thirty (30) days prior to any expiration date. There shall also be a 30-day notification to the Town in the event of cancellation or modification of any stipulated insurance coverage. Certificates of

Insurance on an Acord 25 (8/84) or similar form meeting the required insurance provisions shall be forwarded to the Town of Chapel Hill. Wording on the Certificate of Insurance which states that no liability shall be imposed upon the company for failure to provide such notice is not acceptable. Original policies or certified copies of policies may be required by the Town at any time.

Preparation Costs:

The Town of Chapel Hill will not pay any costs associated with preparing, submitting, or evaluating proposals.

Additional Terms and Conditions:

All proposals and other material submitted become the property of the Town of Chapel Hill. The

Town of Chapel Hill reserves the right to add terms and conditions during contract negotiations.

These terms and conditions will be within the scope of the SOQ and will not affect the proposal evaluations.

The Town will use the standard Town of Chapel Hill contract for professional services. The

Town’s standard contract document is attached. The terms and conditions of the contract are subject to change without notice.

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Prohibited Contract Terms:

In no event shall there be any of the following unless Town’s express written agreement is obtained: (1) any limitation on, or disclaimer of, implied or express warranties or the liability of the Contractor; (2) any limitation on damages, including a limitation of consequential damages;

(3) any requirement for arbitration or for mandatory mediation; (4) any requirement that Town officials or employees keep information confidential or any requirement that records be kept confidential by the Town, unless the requirement for confidentiality meets the requirements of the Public Records Law.

Attached is a sample Contract that will be used for the awarded bid.

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SAMPLE CONTRACT:

STATE OF NORTH CAROLINA CONTRACT FOR

COUNTY OF ORANGE {DESCRIPTION OF SERVICES TO BE

PROVIDED UNDER THIS CONTRACT}

This Contract is made and entered into by and between the “Town of Chapel Hill”, herein “Town”, and

“{Contractor’s Full Legal Name}”, herein “Contractor”, for services hereinafter described for the Town of Chapel Hill. This Contract is for {Description of Services to be Provided Under This Contract}.

WITNESSETH

That for and in consideration of the mutual promises and conditions set forth below, the Town and

Contractor agree:

1. Duties of the Contractor: The Contractor agrees to perform those duties described in Exhibit A attached hereto and incorporated herein by reference.

2. Duties of the Town: The Town shall pay for the Contractor’s services as set forth in Exhibit A.

3. Fee Schedule and Maximum Sum: Contract amount is not to exceed {insert a not to exceed amount}. Payment shall be made according to Exhibit A.

4. Federal Assistance. This Contract is funded, in whole or in part, by federal assistance.

Accordingly, the federal provisions contained in Exhibit B apply, as applicable.

5. Billing and Payment: The Contractor shall submit a bill to the Town for work performed under the terms of this Contract. The Contractor shall bill and the Town shall pay the rates set forth therein. Payment will be made by the Town within thirty (30) days of receipt of an accurate invoice, approved by the contact person or his/her designee.

6. Indemnification and Hold Harmless: The Contractor agrees to indemnify and hold harmless the

Town of Chapel Hill and its officers, agents and employees from all loss, liability, claims or expense (including reasonable attorneys’ fees) arising from bodily injury, including death or property damage to any person or persons proximately caused in whole or in part by the negligence or willful misconduct of the Contractor except to the extent same are caused by the negligence or misconduct of the Town.

7. Insurance Provisions: The Town requires evidence of Contractor’s current valid insurance (if applicable) in the amounts stated below during the duration of the named project and further requires that the Town be named as an additional insured for Commercial General Liability and

Business Automobile policies. The required coverage limits are: 1) Commercial General Liability and Business Automobile - $1,000,000 per occurrence, and 2) Workers’ Compensation -

$100,000 for both employer’s liability and bodily injury by disease for each employee and

$500,000 for the disease policy limit. Based on nature of services to be provided by the contractor and assessment of risk posed to the Town, the Town may require evidence of supplementary insurance coverages.

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8. Non-Discrimination: The Contractor contractually agrees to administer all functions pursuant to this Contract without discrimination because of race, creed, sex, national origin, age, economic status, sexual orientation, gender identity or gender expression.

9. Federal and State Legal Compliance: The Contractor must be in full compliance with all applicable federal and state laws, including those on immigration.

10. E-Verify: The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the

North Carolina General Statutes. Further, should Contractor utilize a subcontractor(s), Contractor shall require the subcontractor(s) to comply with the requirements of Article 2, Chapter 64 of the

General Statutes. Pursuant to North Carolina General Statute § 143-133.3 (c)(2), contracts solely for the purchase of apparatus, supplies, materials, and equipment are exempt from this E-Verify provision.

11. Amendment: This Contract may be amended in writing by mutual agreement of the Town and

Contractor.

12. Termination: Except as may be set forth for certain contracts described in Exhibit B, either party may terminate this Contract at any time by giving the other party thirty (30) days written notice of termination prior to the end of the term as described herein.

13. Interpretation/Venue: This Contract shall be construed and enforced under the laws of North

Carolina. The courts and the authorities of the State of North Carolina shall have exclusive jurisdiction over all controversies between the parties which may arise under or in relation to this

Contract. In the event of any dispute between the parties, venue is properly laid in Orange

County, North Carolina for any state court action and in the Middle District of North Carolina for any federal court action. Contrary to any provision that may be contained in any exhibit attached hereto the Town shall not consent to 1) resolving any dispute by means of arbitration and/or 2) waiver of a trial by jury.

14. Preference: In the event that the terms of any exhibit attached hereto are not consistent with terms of this Contract, this Contract shall have preference; provided that where either any exhibit attached hereto or this Contract establishes higher standards for performance by either party, the higher standard, wherever located, shall apply.

15. Severability: The parties intend and agree that if any provision of this Contract or any portion thereof shall be held to be void or otherwise unenforceable, all other portions of this Contract shall remain in full force and effect.

16. Assignment: This Contract shall not be assigned without the prior written consent of the parties.

17. Entire Agreement: This Contract shall constitute the entire agreement of the parties and no other warranties, inducements, considerations, promises, or interpretations shall be implied or impressed upon this Contract that are not expressly addressed herein. All prior agreements, understandings and discussions are hereby superseded by this Contract.

18. Non-Appropriation Clause: Contractor acknowledges that the Town is a governmental entity, and the Contract validity is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are

June 5, 2024 Page 11 of 16 unavailable and not appropriated for the performance of Town’s obligations under this Contract, then this Contract shall automatically expire without penalty to the

Town, thirty (30) days after written notice to Contractor advising of the unavailability and non-appropriation of public funds. It is expressly agreed that the Town shall not activate this non-appropriation provision for its convenience or to circumvent the requirements of this Contract, but only as an emergency fiscal measure during a substantial fiscal crisis, which affects generally its governmental operations.

19. Construction Project Related Sales Tax: If applicable, the Contractor shall furnish the Town certified statements setting forth the cost of all materials purchased from each vendor and the amount of North Carolina sales and use taxes paid thereon. In the event the Contractor makes several purchases from the same vendor, the Contractor’s certified statement shall indicate the invoice number, the inclusive dates of the invoices, the total amount of the invoices, and the

North Carolina sales and use taxes paid thereon. The Contractor’s certified statement shall also include the cost of any tangible personal property withdrawn from the Contractor’s warehouse stock and the amount of North Carolina sales or use tax paid thereon by the Contractor. The

Contractor shall furnish such additional information as the Commissioner of Revenue of the State of North Carolina may require to substantiate a refund claim by the Town for sales or use taxes.

The Contractor shall obtain and furnish to the Town similar certified statements by the subcontractors. The certified statements to be furnished shall be in the form of the standard

CONTRACTOR’S SALES TAX REPORT and shall be submitted with each request for payment.

The Town will not make payment to the Contractor until the CONTRACTOR’S SALES TAX

REPORTS ARE SUBMITTED. Any and all refunds received by the Town of said taxes shall remain with the Town, and the Contractor shall not be entitled to such refund.

20. Term: This Contract, unless amended as provided herein, shall be in effect until

{_____________________ ____}, 20{____}.

[SIGNATURES ON FOLLOWING PAGE.]

This Contract is between the Town of Chapel Hill and {Contractor’s Full Legal Name} for {Description of Services to be Provided Under This Contract}.

IN WITNESS WHEREOF, the parties hereto cause this agreement to be executed in their respective names.

{CONTRACTOR’S FULL LEGAL NAME}

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Vendor_Signature

Vendor_Name Vendor_Title_p

SIGNATURE PRINTED NAME & TITLE

TOWN OF CHAPEL HILL

Dept_Director Dept_Dir_Title

DEPARTMENT HEAD/EXECUTIVE DIRECTOR OR DEPUTY/TOWN MANAGER

DDirector_Name D_Dept_Name

PRINTED NAME & DEPARTMENT

ATTEST BY TOWN CLERK:

Clerk_Signature

SEAL_STAMP

TOWN CLERK/DEPUTY TOWN CLERK TOWN SEAL

TCD1 TCM1 TCYY1

Town Clerk attests date this the day of 20 .

Approved as to Form and Authorization

Legal_Staff

ATTORNEY FOR TOWN

This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal

Control Act.

Finance_Signature

Finance_Sign_Date

FINANCE OFFICER DATE

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EXHIBIT A

(The scope of service from the selected firm will be attached as Exhibit A to the contract)

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