City of New Bern | RFQ Parks & Rec 27-02 | Design-Build Aquatic Center

CITY OF NEW BERN

REQUEST FOR QUALIFICATIONS

RFQ Parks & Rec 27-02

Design-Build Aquatic Center

New Bern, North Carolina

Issued by

City of New Bern

Parks & Recreation Department

REQUEST FOR QUALIFICATIONS

RFQ Parks & Rec 27-02

Aquatic Center Design-Build Services

SOLICITATION POSTING / QUICK REFERENCE

Event Date

RFQ Issued and Advertised Tuesday, September 22, 2026, at 5:00 PM

Deadline for Questions Friday, October 2, 2026

Final Addendum, if required Tuesday, October 6, 2026

Statement of Qualifications Due Thursday, October 15, 2026, at 5:00 PM

Evaluation / Ranking October 19-23, 2026

Interviews, if conducted October 26-28, 2026

Final Ranking and Written Notification TBD

Contract Negotiations Following final ranking

Award / Notice to Proceed TBD following successful negotiations and required approvals

Target Project Completion As soon as reasonably practicable following award, permitting, and construction

The City of New Bern is soliciting Statements of Qualifications from qualified Design-Build firms or teams to provide comprehensive planning, design, permitting, and construction services for the Aquatic Center Expansion and Renovation project located at 1155 Laura Lane, New Bern, North Carolina.

The City intends to use the Design-Build project delivery method for this project. The Design-Builder will be selected through a qualifications-based process. Respondents shall not submit project pricing, design fees, construction fees, other fee proposals, or project-specific conceptual design unless specifically requested by the City during subsequent negotiations.

The anticipated total project budget is approximately $2,000,000. The project is intended to expand outdoor aquatic recreation opportunities and is anticipated to include a lazy river, interactive splash pad or aquatic play area, water slides, and associated site, utility, treatment, circulation, accessibility, and support improvements. A zero-depth-entry pool may also be considered based on available budget and final programming.

Statement of Qualifications Due Thursday, October 15, 2026, at 5:00 PM

Statements of Qualifications shall be delivered to:

Jenna Lanfor Purchasing Manager City of New Bern 606 Fort Totten Drive New Bern, NC 28560

Required Exterior Package Marking

SEALED STATEMENT OF QUALIFICATIONS

RFQ Parks & Rec 27-02

AQUATIC CENTER EXPANSION AND RENOVATION DESIGN-BUILD SERVICES

ATTN: PURCHASING MANAGER

Submit five copies of the Statement of Qualifications. Electronic, fax, and late submissions will not be accepted.

Evaluation Responsive Statements of Qualifications will be evaluated using the criteria published in the RFQ:

• Company Information and Relevant Aquatic Experience - 30 points

• Project Approach and Schedule - 20 points

• Operations, Maintenance, Guarantee and Warranty - 15 points

• Prior Completed Work - 15 points

• Design-Build Team and Team Selection - 15 points

• City-Performed Work Coordination - 5 points

Total: 100 points.

The City will rank the three most highly qualified Design-Builders. If fewer than three qualified responses are received, the City will proceed in accordance with the re-solicitation requirements stated in the RFQ and applicable North Carolina law.

Project-Team Selection Respondents shall identify the project-team selection method proposed for the project and provide the team information and subcontractor-selection strategy required by the RFQ and applicable North Carolina law.

Each respondent shall also certify that its proposed design professionals and design subconsultants were selected based upon demonstrated competence and qualifications.

Small-Business Participation The City encourages a good-faith effort to recruit and select qualified small-business entities in connection with the project. The City has not established a project-specific small-business participation percentage, and no minority- or women-owned business participation goal is established or required for this RFQ.

Questions Questions concerning the RFQ shall be submitted in writing to:

Kari Greene-Warren Director of Parks and Recreation City of New Bern Greene-WarrenK@newbernnc.gov

Questions must be received by the deadline stated above. Only a written City addendum may modify or supplement the RFQ.

The City of New Bern reserves the right to reject any or all Statements of Qualifications, waive informalities to the extent permitted by law, and take such action as it determines to be in the City's best interest and consistent with applicable law.

mailto:Greene-WarrenK@newbernnc.gov

TABLE OF CONTENTS

1 Purpose 6

2 Procurement Method 6

2.1 Project Team Selection 6

2.2 Small Business Participation 6

3 Procurement Schedule 7

4 Scope of Work 7

4.1 Existing Conditions and Site Evaluation 7

4.2 City Coordination and Conceptual Design 8

4.3 Aquatic Features 8

4.4 Supporting Site and Facility Improvements 9

4.5 Existing Buildings and Amenities 9

4.6 Design Development and Construction Documents 9

4.7 Regulatory Approvals and Permitting 10

4.8 Construction and Facility Operations 10

4.9 Testing Commissioning and Training 10

4.10 Project Closeout and Warranty 10

5 Scope Clarifications 10

5.1 Project Budget 10

5.2 Required Program and Budget Compliance 11

5.3 Existing Infrastructure 11

5.4 City Performed and Separately Contracted Work 11

5.5 Existing Facility Operations 12

5.6 Project Schedule 12

5.7 Final Scope and Contract 12

6 Statement of Qualifications Requirements 12

6.1 Company Information and Relevant Experience 12

6.2 Project Approach and Schedule 12

6.3 Operations Maintenance Guarantee and Warranty 12

TABLE OF CONTENTS (continued)

6.4 Prior Completed Work 12

6.5 Design Build Team and Team Selection 13

6.6 City Performed Work Coordination 13

7 Questions Addenda and Submission Requirements 13

7.1 Questions 13

7.2 Submission Requirements 13

7.3 Attachment A 14

7.4 Price Fee and Design Information 14

8 General Terms and Conditions 14

8.1 Contract 14

8.2 Funding 14

8.3 Purchase Order and Contract Documents 14

8.4 Insurance 14

8.5 Bonding Capacity 14

8.6 Payment Terms 14

8.7 Availability of Funds and Preaudit 14

8.8 Licensing 15

8.9 Other City Requirements 15

8.10 Key Personnel 15

9 Evaluation and Ranking 15

9.1 Rating Guidance 15

9.2 Rating Definitions 15

9.3 Mandatory Compliance Review 16

9.4 Evaluation Process 16

9.5 Negotiation 16

10 Applicable Laws and City Requirements 16

Attachment A – Submission of SOQ Form 17

Attachment B – City of New Bern Purchase Order Terms and Conditions 18

1 Purpose

The City of New Bern is seeking Statements of Qualifications from qualified Design-Build firms or teams to provide comprehensive planning, design, permitting, and construction for the addition of amenities at the City of New Bern Aquatic Center in New Bern, North Carolina.

The selected Design-Builder will work with the City through conceptual design, final design, permitting, construction, project closeout, and warranty.

The project will expand outdoor aquatic recreation opportunities and create a family-oriented environment serving users of varying ages and abilities. The City intends for the completed project to include a lazy river, an interactive splash pad or aquatic play area, and water slides.

The City anticipates a project budget of approximately $2,000,000 and is targeting a fall kick-off date for design to begin, with construction starting in early 2027.

The project site is located at 1155 Laura Lane, New Bern, NC, as generally shown on

Attachment C – Site Map.

2 Procurement Method

The City intends to procure this project using the Design-Build project delivery method pursuant to applicable North Carolina law.

The Design-Builder will be selected through a qualifications-based process. Firms shall not submit project pricing, design fees, construction fees, or other fee proposals unless specifically requested by the City during subsequent negotiations.

Design-Build firms will be selected based upon demonstrated competence and qualifications without regard to fee at the initial selection stage. Project-specific design work product will not be solicited or considered during the qualifications stage. Prior completed work and discussion of project approaches and schedules may be considered.

2.1 Project Team Selection

Respondents shall identify the project-team selection option proposed under N.C.G.S. § 143-

128.1A(c)(8). The response shall either (a) list the licensed contractors, licensed subcontractors, and design professionals proposed for the project, or (b) list the licensed contractors and design professionals proposed for the project and outline the strategy for open selection of first-tier subcontractors in accordance with Article 8 of Chapter 143. The response shall explain the proposed project-team and subcontractor-selection approach.

The proposed approach must comply with applicable North Carolina law.

Each respondent shall certify that each design professional proposed as part of the Design-

Build team, including subconsultants, was selected based upon demonstrated competence and qualifications.

2.2 Small Business Participation

The City encourages a good-faith effort to recruit and select qualified small-business entities in connection with this project.

Respondents shall briefly describe their approach to identifying, recruiting, and providing participation opportunities to qualified small-business entities as part of their proposed project-team and subcontractor-selection strategy.

The City has not established a project-specific small-business participation goal or percentage for this RFQ. No minority- or women-owned business participation goal is established or required.

3 Procurement Schedule

Activity Date

RFQ Issued and Advertised Tuesday, September 22, 2026 at 5:00 PM

Deadline for Questions Friday, October 2, 2026

Final Addendum if required Tuesday, October 6, 2026

Statements of Qualifications Due Thursday, October 15, 2026 at 5:00 PM

Evaluation of SOQs October 19 - 23, 2026

Interviews if conducted October 26 – 28, 2026

Final Ranking and Written Notification TBD

Contract Negotiations Following final ranking

Award and Notice to Proceed TBD following successful negotiations and required approvals

Target Project Completion As soon as reasonably practicable following award permitting and construction

The City reserves the right to modify this schedule by written addendum.

4 Scope of Work

The Design-Builder shall provide all professional services, labor, materials, equipment, supervision, coordination, testing, and other work necessary to deliver a complete, functional, code-compliant, and operational project. The final footprint, water-surface areas, feature sizes, capacities, and configuration will be determined through the design-build process based on site conditions, regulatory requirements, existing infrastructure, operational considerations, and the established budget.

4.1 Existing Conditions and Site Evaluation

• Review available surveys, record drawings, utility information, planning documents, and other information furnished by the City.

• Conduct field investigations and verify dimensions, elevations, utilities, drainage, access, circulation, subsurface conditions, and other constraints.

• Evaluate the condition, capacity, and suitability of existing water, sanitary sewer, electrical, stormwater, filtration, chemical-treatment, recirculation, and other systems that may serve or be affected by the expansion.

• Evaluate patron circulation, emergency and service access, fencing, gates, decks, shade, seating, accessibility, parking interfaces, and operational conditions.

• Coordinate surveying, geotechnical, subsurface, utility-location, and other investigations required for design and construction.

• Identify improvements that must be protected, relocated, modified, removed, or replaced.

4.2 City Coordination and Conceptual Design

The Design-Builder shall conduct a collaborative programming and design process with designated City staff. The Design-Builder shall participate in an initial programming and project-development meeting, review relevant City plans and facility information, confirm project priorities, and prepare not fewer than three conceptual design options for City consideration.

Each conceptual option shall incorporate the core program elements, present a distinct configuration and balance of features, show the relationship to the existing facility, identify approximate footprint and water-surface areas, address access and supervision, and include preliminary system requirements, schedule, cost estimate, contingencies, staffing, operations, maintenance, water use, energy use, and lifecycle considerations. Each option shall demonstrate how the project can be delivered within the established budget.

Following City review, the Design-Builder shall prepare a recommended concept for City approval. The City may direct the Design-Builder to combine elements from multiple concepts or revise the recommended concept to achieve the desired balance among features, capacity, quality, operations, maintenance, and cost.

4.3 Aquatic Features

4.3.1 Lazy River

Provide a continuous-loop lazy river appropriate for a municipal outdoor aquatic facility. The

City anticipates a feature generally in the range of 300 to 400 linear feet, subject to site, regulatory, operational, and budget constraints. The design shall include safe and accessible entry and exit, suitable width and depth, appropriate flow and treatment systems, clear lifeguard visibility, emergency access, durable finishes, and integration with decks, seating, shade, landscaping, and patron circulation.

4.3.2 Interactive Splash and Aquatic Play Features

Provide an interactive splash pad, spray area, or aquatic play area with multiple activities appropriate for children and families. The anticipated spray and zero-entry activity area is generally 1,200 to 1,800 square feet, subject to final programming, code, site, and budget evaluation.

• Ground sprays and flush-mounted jets.

• Water cannons or directional sprays.

• Spray arches, hoops, rings, tunnels, cascades, buckets, or similar overhead elements.

• Interactive valves, wheels, activators, or user-controlled features.

• Small-scale play structures or elevated water-play components.

• Toddler-appropriate, inclusive, sensory, and accessible components.

The final arrangement shall provide varied experiences, separate conflicting activity zones, preserve visibility, conserve water where practicable, and permit straightforward maintenance, winterization, and seasonal reopening. Arrangement shall also not duplicate existing o-depth entry pool features.

4.3.3 Water Slides

Provide water slides appropriate for the available site, intended users, and budget. The City anticipates evaluating two modest commercial slides on a shared tower, but the final number and configuration will be established through design. Alternatives may include open or enclosed body slides, differing rider experiences, a youth-oriented slide, shared or separate towers, and manufacturer-approved runout or plunge systems. The design shall address capacity, queues, stairs and access, fall protection, supervision, emergency response, structure, water supply, drainage, and separation from other activities.

4.3.4 Zero Depth Entry Pool (Optional based on budget)

Provide a zero-depth-entry recreational pool or aquatic play pool serving a range of ages and abilities. It shall provide accessible entry, appropriate depth transitions and markings, recreational play opportunities, clear staff sightlines, and all necessary filtration, circulation, treatment, drainage, and safety systems. The zero-depth-entry area may be integrated with the interactive aquatic play area when appropriate.

4.4 Supporting Site and Facility Improvements

• Pool decks, pedestrian circulation, accessible routes, and aquatic access.

• Fencing, gates, controlled entrances, emergency exits, safety equipment, depth markings, rules, and wayfinding.

• Shade, seating, lifeguard stations, landscaping, and restoration.

• Equipment pads, mechanical enclosures, chemical-storage areas, pumps, piping, filtration, recirculation, water treatment, controls, grounding, and bonding.

• Water, sanitary sewer, electrical, stormwater, deck drainage, grading, site lighting, security, service access, and related utility improvements.

• Limited modifications to existing facilities necessary for code compliance, accessibility, connections, or integration.

4.5 Existing Buildings and Amenities

The project is an expansion and renovation of the existing outdoor aquatic facility. The City does not anticipate new public restrooms, changing rooms, concession facilities, admissions facilities, administrative offices, parking areas, or other general support buildings. The Design-

Builder shall plan for continued use of the existing support facilities.

The existing facility contains men’s and women’s restroom, shower, and changing accommodations and four family changing rooms. The Design-Builder shall evaluate their capacity and regulatory adequacy for the combined facility load and coordinate allowable capacity with Craven County Environmental Health, the building-code official, and other authorities having jurisdiction. Substantial building additions or replacements require prior written City authorization.

4.6 Design Development and Construction Documents

• Advance the approved concept through design development and final design.

• Prepare complete drawings, specifications, calculations, schedules, and permit documents sealed by North Carolina licensed design professionals.

• Provide updated estimates and value engineering at appropriate milestones.

• Coordinate architectural, civil, structural, mechanical, electrical, plumbing, aquatic, landscape, accessibility, and specialty disciplines.

• Submit documents at City review milestones, incorporate comments, and maintain a resolution record.

• Establish the final scope, schedule, and guaranteed or stipulated contract amount through negotiations.

4.7 Regulatory Approvals and Permitting

The Design-Builder shall identify, coordinate, prepare, and obtain all required reviews, permits, and approvals, including those associated with public swimming pools and water-recreation attractions, as well as building, electrical, mechanical, plumbing, accessibility, zoning, site plan, stormwater, erosion control, utility, fire, life safety, and environmental requirements. Coordination with Craven County Environmental Health and other authorities shall begin during conceptual design and continue through operating approval.

4.8 Construction and Facility Operations

• Project management, supervision, scheduling, safety, temporary facilities, and protection of existing improvements.

• Coordination of utility interruptions, facility access, inspections, testing, quality control, equipment installation, manufacturer start-up, restoration, and punch-list work.

• A phasing plan that minimizes interruption to seasonal operations. No interruption of scheduled operations may occur without prior City approval.

4.9 Testing Commissioning and Training

• Test and commission pools, attractions, pumps, filtration, treatment, controls, safety devices, and related equipment.

• Balance and verify circulation and treatment systems and correct leaks, defects, or operating deficiencies.

• Provide required manufacturer and system certifications.

• Train City staff in operations, water-quality management, controls, maintenance, troubleshooting, winterization, seasonal start-up, and emergency shutdown.

• Provide written procedures and preventive-maintenance schedules and assist with final operating approvals.

4.10 Project Closeout and Warranty

Closeout shall include final inspections and approvals, punch-list completion, record drawings, inventories, operations and maintenance manuals, warranties, spare parts and special tools customarily provided, training records, commissioning reports, and permit documentation.

Provide a minimum two-year or industry standard warranty covering materials, equipment, aquatic features, concrete, finishes, piping, systems, and workmanship. Longer manufacturer warranties shall be assigned to the City. During the Design-Builder warranty period, the

Design-Builder shall coordinate corrections without requiring the City to pursue individual subcontractors or manufacturers.

5 Scope Clarifications

5.1 Project Budget

The anticipated total project budget is $2,000,000.

It is intended to encompass programming and City coordination; surveys and investigations;

design and engineering; reviews and permits; Design-Builder fees and general conditions;

construction; aquatic attractions and equipment; site and utility improvements; testing;

commissioning; training; closeout; bonds; insurance; contingencies; and other costs required for a complete operational project. The Design-Builder shall not assume the budget is available solely for direct construction or attraction procurement.

5.2 Required Program and Budget Compliance

The City’s objective is to incorporate a lazy river, interactive splash or aquatic play features, water slides, and a zero-depth-entry pool (optional) within the established budget. The

Design-Builder shall determine the appropriate scale, number, configuration, and complexity of the features and develop concepts that provide the strongest overall recreational value. If the full desired program cannot reasonably be delivered, the selected Design-Builder shall provide supporting cost information and recommend value engineering, scope adjustments, alternates, or phased implementation. No core program element may be removed without written City approval.

5.3 Existing Infrastructure

City information concerning existing conditions is for planning only and does not relieve the

Design-Builder of field verification and investigation. The Design-Builder shall not assume that utilities, filtration, treatment, plumbing fixtures, drainage, electrical service, parking, or other infrastructure has adequate capacity. Responsibility for identified improvements will be established during negotiations and included in the final agreement.

5.4 City Performed and Separately Contracted Work

The City reserves the right to perform portions of the project using City personnel, City equipment, separately purchased materials or equipment, or contractors procured directly by the City. Such work may include site clearing and limited demolition; testing, earthwork, grading, and site preparation; utility relocation, extension, or installation; drainage; parking, access, or circulation improvements; landscaping, irrigation, and restoration; fencing, signage, lighting, furnishings, and amenities; protection or relocation of existing improvements;

selected equipment or materials; and other work the City determines can be performed economically or efficiently by City forces or separate procurement.

The City will identify anticipated City-performed or separately contracted work during design development and negotiations to the extent reasonably practicable. That work will be excluded from the Design-Builder’s negotiated scope and contract amount unless agreed otherwise in writing. The Design-Builder shall coordinate interfaces, provide necessary drawings and requirements, incorporate the work into the overall schedule, avoid duplication and interference, promptly identify concerns, and confirm interfacing work is sufficiently complete before connecting to, covering, or building upon it.

The Design-Builder shall not include overhead, profit, markup, or other charges on work performed directly by the City or separately procured unless expressly authorized in writing.

The Design-Builder is not responsible for the means, methods, workmanship, or warranty of that work, but remains responsible for coordinating interfaces, identifying reasonably observable deficiencies before acceptance or incorporation, and providing a coordinated overall design when those design services are included in the negotiated scope.

The City is not obligated to self-perform or separately procure any particular work. Work contemplated for City performance may be added to the Design-Builder’s scope by written amendment or change order. Demonstrated effects of later changes to City-performed work on cost or the critical-path schedule will be addressed through the contract change-order process.

5.5 Existing Facility Operations

The Aquatic Center is seasonal. The City desires to preserve normal operations to the greatest extent reasonably possible. Respondents shall describe their approach to design, permitting, procurement, phasing, utility coordination, and shutdowns. The final schedule shall identify periods during which the existing facility cannot operate normally.

5.6 Project Schedule

The City desires the completed project to be available for public use as soon as reasonably practicable following award, design, approvals, and construction. Respondents shall provide a realistic preliminary schedule covering programming and conceptual design, investigation, City review, design development, permitting, long-lead procurement, construction, commissioning, training, final approval, and opening.

5.7 Final Scope and Contract

The final scope, schedule, responsibilities, and contract amount will be established through negotiations with the highest-ranked Design-Builder. Any contract obligation is subject to legally available and authorized funds and required City approvals.

6 Statement of Qualifications Requirements

Organize the Statement of Qualifications in the following order.

6.1 Company Information and Relevant Experience

• Company history, years in business, organization, litigation history, and experience with comparable municipal aquatic facilities.

• Resumes and roles of key professional and managerial personnel.

• At least five comparable public-sector projects completed within the past five years, including owner, location, completion date, features, budget, schedule performance, delivery method, and reference contact.

• Specific experience with lazy rivers, zero-depth pools, splash and interactive play systems, water slides, public-pool treatment systems, phased work at operating facilities, and coastal or high-moisture environments.

• North Carolina aquatic-facility experience and demonstrated ability to coordinate with public-health and code authorities.

6.2 Project Approach and Schedule

Describe the team’s proposed approach to City coordination, site and infrastructure evaluation, design-to-budget, concept development, regulatory approvals, long-lead procurement, construction phasing, quality control, commissioning, and transition to operations. Confirm availability and provide a realistic preliminary schedule with general activities and durations. Do not submit project-specific design work product.

6.3 Operations Maintenance Guarantee and Warranty

Describe any guarantee or warranties provided on construction and equipment. Describe the remedies available for the correction of any defective construction or equipment, and other potential defects.

6.4 Prior Completed Work

Include up to six examples of similar completed projects from the last five years. Brochures may be placed in an appendix. This requirement is limited to prior completed work.

Respondents shall not prepare or submit a project-specific concept for the New Bern Aquatic

Center during the qualifications stage.

6.5 Design Build Team and Team Selection

• Identify the proposed Design-Builder, North Carolina licensed general contractor, design professionals, aquatic consultants, specialty contractors, commissioning resources, and other key firms or personnel.

• Describe roles, responsibilities, team organization, and relevant experience working together.

• Identify the project-team selection option under Section 2.1 and provide the required team list and, if applicable, the open subcontractor-selection strategy required by N.C.G.S. §

143-128.1A(c)(8).

• Certify that each proposed design professional and subconsultant was selected based upon demonstrated competence and qualifications.

• Provide evidence of ability to furnish required performance and payment bonds.

6.6 City Performed Work Coordination

Describe the team’s experience coordinating owner-performed and separately contracted work. Explain how the team will define interfaces, sequencing, tolerances, schedule responsibilities, quality observations, acceptance points, and changes while maintaining a coordinated overall design and avoiding duplication.

7 Questions Addenda and Submission Requirements

7.1 Questions

Questions shall be submitted in writing to:

Kari Greene-Warren

Director of Parks and Recreation

City of New BernEmail: Greene-WarrenK@newbernnc.gov

Questions must be received by the deadline stated in Section 3. Only a written City addendum may modify or supplement this RFQ.

7.2 Submission Requirements

Submit five copies of the Statement of Qualifications in a sealed package clearly marked

AQUATIC CENTER EXPANSION AND RENOVATION DESIGN BUILD SERVICES RFQ.

Deliver submissions to:

Jenna Lanfor

Purchasing Manager

City of New Bern

606 Fort Totten Drive

New Bern, NC 28560

Submissions must be received no later than 5:00 PM on Thursday, October 15, 2026, as stated in Section 3. Electronic, fax, and late submissions will not be accepted.

mailto:Greene-WarrenK@newbernnc.gov

7.3 Attachment A

Include a completed and signed Attachment A immediately after the cover letter, if a cover letter is provided. Failure to submit the signed certification may cause the SOQ to be determined nonresponsive.

7.4 Price Fee and Design Information

Do not include project price, design fees, construction fees, fee proposals, other project-specific cost proposals, or project-specific conceptual design unless expressly requested by the City consistent with applicable law. Prior project budgets and the requested preliminary schedule may be provided.

8 General Terms and Conditions

8.1 Contract

The selected Design-Builder will enter into a written agreement with the City. The final agreement will establish scope, compensation, schedule, responsibilities, insurance, bonding, and other requirements.

8.2 Funding

The anticipated total project budget is $2,000,000. Any obligation is subject to legally available, authorized, and unencumbered funds. Funding source: City of New Bern.

8.3 Purchase Order and Contract Documents

A City purchase order will follow successful negotiations, execution, and financial approvals.

Attachment B will be incorporated except as expressly modified by the final agreement and permitted by law.

8.4 Insurance

Unless otherwise approved based on final scope and risk, maintain Commercial General

Liability of $1,000,000 per occurrence with the City as additional insured; Professional Liability of $1,000,000 per occurrence; statutory Workers Compensation; Employers Liability of

$500,000 each accident, each employee disease, and policy limit disease; and Automobile

Liability of $1,000,000 per occurrence.

8.5 Bonding Capacity

Provide evidence of ability to obtain bonds. The Design-Builder shall furnish performance and payment bonds in accordance with N.C.G.S. § 143-128.1A(f) and Article 3 of Chapter 44A.

The performance bond and payment bond shall each be 100 percent of the construction contract amount and shall be issued by a surety legally authorized to do business in North

Carolina. Bond costs shall be included in the negotiated amount.

8.6 Payment Terms

Payment terms are Net 30. The City will not pay late charges or finance charges except as authorized by law and agreed by the City.

8.7 Availability of Funds and Preaudit

No obligation may be incurred without sufficient authorized and unencumbered funds.

Contracts requiring payment must comply with the North Carolina Local Government Budget and Fiscal Control Act.

8.8 Licensing

The Design-Builder and team members shall maintain all required North Carolina licenses, registrations, certifications, and permits. Plans shall be sealed as required by law.

8.9 Other City Requirements

The selected Design-Builder shall comply with applicable City requirements concerning indemnification, termination, governing law, E-Verify, independent contractor status, public records, confidentiality, nondiscrimination, taxes, written changes, codes, permitting, accessibility, and licensing.

8.10 Key Personnel

After contract award, the Design-Builder shall obtain the City’s prior written approval before changing key personnel identified in its Statement of Qualifications, as required by N.C.G.S. § 143-128.1A(f).

9 Evaluation and Ranking

Evaluation Criterion Maximum Points

Company Information and Relevant Aquatic

Experience

Project Approach and Schedule 20

Operations Maintenance Guarantee and Warranty 15

Prior Completed Work 15

Design Build Team and Team Selection 15

City Performed Work Coordination 5

TOTAL 100

9.1 Rating Guidance

Evaluators will assign whole-number scores within each criterion based on the following general ranges: Excellent, 90 to 100 percent of available points; Good, 75 to 89 percent;

Acceptable, 60 to 74 percent; Marginal, 40 to 59 percent; and Unacceptable, 0 to 39 percent.

The City may apply the corresponding whole-number range to each criterion’s maximum points.

9.2 Rating Definitions

Excellent - Exceptional response demonstrating highly relevant qualifications, experience, and capability with little or no meaningful weakness.

Good - Strong response that fully addresses the criterion and contains only minor weaknesses.

Acceptable - Meets the criterion and demonstrates adequate capability but has limited distinguishing strengths or identifiable weaknesses.

Marginal - Partially meets the criterion and contains significant weaknesses, concerns, or insufficient information.

Unacceptable - Does not adequately address the criterion or demonstrate the capability necessary to perform the work.

9.3 Mandatory Compliance Review

• Received by the deadline and required sealed copies provided.

• Signed Attachment A and required addenda acknowledgment provided.

• North Carolina licensing and design-professional qualifications certification demonstrated.

• Team-selection strategy and bonding capacity provided.

• No prohibited project price, fee proposal, or project-specific concept included.

9.4 Evaluation Process

Each evaluator will independently score responsive SOQs using the published criteria and whole-number scores. Scores may be compiled and averaged for a preliminary ranking. The

City may conduct interviews or presentations using the same published criteria, and evaluators may revise scores based on authorized clarifications or interviews. The City will rank the three most highly qualified Design-Builders. If fewer than three responses are received from qualified Design-Builders, the City will again solicit for Design-Builders in accordance with N.C.G.S. § 143-128.1A(d). If fewer than three qualified responses are received following the second solicitation, the City may proceed with the qualified responses received and begin negotiations with the highest-ranked Design-Builder in accordance with applicable law.

9.5 Negotiation

The City will negotiate with the highest-ranked Design-Builder concerning the final scope, design approach, schedule, contract terms, project cost, value engineering, City-performed work, and other matters necessary for a fair and reasonable agreement. If unsuccessful, the

City may terminate negotiations and proceed to the next highest-ranked firm consistent with applicable law. Ranking or selection for negotiation does not create a contract.

10 Applicable Laws and City Requirements

This procurement and any resulting contract shall comply with applicable federal, State of

North Carolina, and City of New Bern laws, regulations, ordinances, policies, and requirements. The procurement is intended as a Design-Build qualifications-based selection pursuant to N.C.G.S. Section 143-128.1A and applicable qualifications-based selection requirements, as amended. The selected Design-Builder shall comply with Attachment B and all requirements incorporated into the final contract.

Attachment A – Submission of SOQ Form RFQ Parks & Rec 27-02 – Design-Build Aquatic Center

Complete, sign, and include this form immediately after the cover letter, if a cover letter is provided.

Respondent / Design-Builder

Business Address

Primary Contact

Telephone

Email

NC General Contractor License No.

License Classification / Limitation

Project-Team Selection Method

☐ Option A – Identified Project Team: Respondent identifies the licensed contractors, licensed subcontractors, and design professionals proposed for the Project.

☐ Option B – Open Subcontractor Selection: Respondent identifies the licensed contractors and design professionals proposed for the Project and will use an open first-tier subcontractor selection strategy consistent with applicable law.

Design Professional Qualifications Certification

The undersigned certifies that each design professional and design subconsultant proposed as part of the Design-Build team was selected based upon demonstrated competence and qualifications in accordance with applicable North Carolina law, including N.C.G.S. § 143-64.31 and § 143-128.1A.

Submission Certifications

☐ The SOQ does not include project price, design fees, construction fees, other project-specific fee proposals, or project-specific conceptual design.

☐ Evidence of bonding capacity is included.

☐ All required North Carolina licenses and registrations are identified or will be maintained as required.

☐ The information submitted in the SOQ is true and accurate to the best of the undersigned’s knowledge.

Addenda Acknowledgment

Addendum No. ____ No. ____ No. ____ No. ____

Date Received __________ __________ __________ __________

Authorized Representative

Title

Signature

Date

Attachment B – City of New Bern Purchase Order Terms and Conditions

CITY OF NEW BERN