Foundation for the Seasonal Ice Rink at Red Hat Amp. (RFP)

1 Request for Proposals # 274-RCC8-21 Ice Rink Foundation Title: Foundation for the Seasonal Ice Rink at Red Hat Amp. Issue Date: August 27, 2021 Due Date: September 24, 2021 Not later than: 3:00 PM, ET LATE PROPOSALS WILL NOT BE ACCEPTED Issuing Department: Convention and performing Arts Complex Direct all inquiries concerning this RFP to: Robert Baker Capital Projects Manager Email: Robert.Baker@RaleighNC.gov aN \ Ss See) et fod 2 Table of Contents 1. Introduction ...............................................................................................3 1.1 Purpose ..............................................................................................3 1.2 Background ........................................................................................3 1.3 RFP Timeline ......................................................................................4 1.4 Pre-Proposal Conference

...................................................................4 1.5 Proposal Question ..............................................................................5 1.6 Proposal Submission Requirements & Contact Information ...............5 1.7 Rights to Submitted Material ..............................................................6 1.8 Communications .................................................................................7 1.9 Lobbying .............................................................................................7 1.10 Conflicts of Interest .............................................................................7 1.11 Proposer Expenses ............................................................................8 1.12 Proposer Acceptance .........................................................................8 2. Proposals ..................................................................................................9 2.1 Request for Proposals Required Document Format ...........................9 2.2 RFP Documents ............................................................................... 10 3. Proposal Evaluation ............................................................................... 11 3.1 Proposal Evaluation Criteria (Stage 1) ............................................. 12 3.2 Interview/Demonstration (Stage 2) ................................................... 12 3.3 Final Selection .................................................................................. 12 3.4 Notice to Proposers Regarding RFP Terms & Conditions ................ 12 4. Contract Terms ....................................................................................... 12 5. Scope of Services ................................................................................... 13 5.1 Proposed Project Timeline ............................................................... 13 5.2 Contractors Responsibility ............................................................... 14 5.3 Owners Responsibility ...................................................................... 14 5.4 Additional Instructions ...................................................................... 15 6. Appendix I Proposal Cost Form .................................................................... 17 Appendix II Proposer Questionnaire ............................................................ 18 Appendix III Reference Questionnaire .......................................................... 19 Appendix IV Contract Standard Terms & Conditions ................................. 22 Appendix V Exceptions to RFP ..................................................................... 30 3 1 Introduction 1.1 Purpose The City of Raleigh is seeking proposals from qualified Proposers who can set-up a sand- box foundation to support a seasonal ice-skating rink inside Raleighs Red Hat Amphitheater located at 500 S. McDowell St., Raleigh, NC 27601. Each year there is a three-day window for the service provider to set-up a laser level surface (55x105) to place the ice rink upon. The foundation will be a compacted sand base topped with smooth clear masons or bank -type sand. The area where the sandbox will be set is nearly level in width. However, the length has slope of approximately 5%. Additional details are provided in Section 5.2 Contractors responsibility. The ice rink foundation will be set-up each year in November after the Amphitheaters convert season, and removed in January, at the end of the operational season. The following operational dates are provided for planning. FY22s target dates are November 12, 2021 through January 12, 2022. FY23s target dates are November 11, 2022 through January 11, 2023. FY 24s target dates are November 10, 2023 through January 10, 2024. A detailed scope of services is provided in Section 5 of this solicitation. All information related to this solicitation, including any addenda, will be posted to the North Carolina Interactive Purchasing System (IPS) at: https://www.ips.state.nc.us/IPS/. Vendors and potential vendors are encouraged to register as a vendor with the City. Having a current vendor registration will expedite the award process for the selected vendor. Please register or update your account at the Citys registration page. https://raleighnc.gov/services/doing-business/doing-business-city 1.2 Background The City of Raleigh, the Capital City of North Carolina, remains one of the fastest growing areas in the country. A great economy, top educational institutions, and exceptional health care facilities are some of the characteristics that attract people to the triangle area. The mild climate, diverse work force and proximity to Research Triangle Park combine to make Raleigh a great place to live. Raleigh is a 21st Century City of Innovation focusing on environmental, cultural, and economic sustainability. The City conserves and protects our environmental resources through best practice and cutting-edge conservation and stewardship, land use, infrastructure and building technologies. The City welcomes growth and diversity through policies and programs that will protect and enhance Raleighs existing neighborhoods, natural amenities, history, and cultural and human resources for future generations. The City leads to improve quality of life for neighborhoods and standard of living for all citizens. The City works with https://www.ips.state.nc.us/IPS/ https://raleighnc.gov/services/doing-business/doing-business-city 4 universities, colleges, citizens, and local partners to promote new technology, create new job opportunities, and encourage local businesses and entrepreneurs. The City enlists and prepares 21st Century staff with the skill sets to carry out the duties of the City through transparent civic engagement and by providing the very best customer service to our citizens. Convention and Performing Arts Mission Through state-of-the-art venues, entertainment, and educational opportunities for citizens and visitors alike, the Complex provides guests with a distinctive level of service excellence while maintaining a fiscally responsible operation that contributes to the cultural and economic benefits of the City. Red Hat Amphitheater, situated in the heart of downtown Raleigh, offers an immersive entertainment experience with stunning views of the Raleigh skyline. The amphitheater is adjacent to the Raleigh Convention Center at 500 S McDowell St, Raleigh, NC 27601. The Amphitheaters seasonal concert series leave the perfect opportunity to host traditional winter/Holliday activities to a new destination. The ice rink will draw patrons within walking distance to downtown restaurants and entertainment venues for kids of all ages. 1.3 Request for Proposal (RFP) Timeline Provided below is a list of the anticipated schedule of events related to this solicitation. The City of Raleigh reserves the right to modify and/or adjust the following schedule to meet the needs of the service. All times shown are Eastern Time (EST): 1.4 Pre-Proposal Conference If the City of Raleigh elects to conduct a Pre-Proposal Conference or Site Visit, attendance by prospective proposers is strongly encouraged but is not mandatory. Prospective Proposers are encouraged to submit written questions in advance. RFP Process Date Time RFP Advertisement Date August 27, 2021 5:00 PM Pre-Proposal Conference (if required) September 8, 2021 10:00 AM Deadline for written questions September 12, 2021 11:59 PM City Response to questions (anticipated) September 16, 2021 5:00 PM Proposal Due Date and Time September 24, 2021 3:00 PM Evaluation Meeting (anticipated) September 28, 2021 TBD Interview/ Demonstrations (if required) N/A Selection Announced at Council Meeting (tentative) October 19, 2021 5 Date, time, and location of pre-proposal conference is shown above in Section 1.3, entitled RFP Timeline. The City will host an Optional Pre-proposal conference on September 8, 2021 at 10:00 AM at the Red Hat Amphitheater, located at 500 S. McDowell, St., Raleigh, NC27601. Enter through the vehicle entrance on W. Lenoir St. Press intercom button to communicate with security to open the gate. 1.5 Proposal Question It is the Proposer's responsibility to ensure that all addenda have been reviewed and considered in the preparation of its proposal. Requests for clarification and questions to this RFP must be received by the City not later than the date shown above in Section 1.3, entitled RFP Timeline for the submittal of written inquires. The firms failure to request clarification and submit questions by the date in the RFP Timeline above shall be considered to constitute the firms acceptance of all Citys terms and conditions and requirements. The City shall issue addenda reflecting questions and answers to this RFP, if any, and shall be posted to North Carolina Interactive Purchasing System (IPS). No information, instruction or advice provided orally or informally by any City personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Respondents shall be entitled to rely only on written material contained in an Addendum to this RFP. It is important that all Respondents submitting to this RFP periodically check the North Carolina Interactive Purchasing System (IPS) for any Addenda. It is the Respondents responsibility to ensure that all addenda have been reviewed and, if required signed and returned. Questions submitted via telephone will not be answered. All questions related to this solicitation must be submitted in writing (via email) to the following individual: Contact Name Email Address Robert Baker Robert.Baker@RaleighNC.gov 1.6 Proposal Submission Requirements and Contact Information Proposals must follow the format as defined in Section 2 PROPOSALS, and be addressed and submitted to: DELIVERED TO: City of Raleigh ATTN: Robert Baker 500 S. Salisbury Street Raleigh, NC 27601 RFP No. & Title 274-RCC8-21 Ice Rink Foundation Proposals must be enclosed in an envelope or package and clearly marked with the name of the submitting company, the RFP number and the RFP Title. 6 Proposers must submit: A. one (1) signed original. B. one (1) electronic version of the signed proposal and. C. Three (3) copies of the signed proposal. The electronic version of the Proposal must be submitted as a viewable and printable Adobe Portable Document File (PDF) on a Flash Drive. Both hard copy and electronic versions must be received by the City on or before the RFP due date and time provided in Section 1.3. Proposals received after the RFP due date and time will not be considered and will be returned unopened to the return address on the submission envelope or package. Any requirements in the RFP that cannot be met must be indicated on Appendix V, Exceptions to the RFP and submitted with proposal. Proposers must respond to the entire Request for Proposals (RFP). Any incomplete proposal may be eliminated from competition at the discretion of the City of Raleigh. The City reserves the right to reject any or all proposals for any reason and to waive any informality it deems in its best interest. Proposals that arrive after the due date and time will not be accepted or considered for any reason whatsoever. If the Firm elects to mail in its response, the Firm must allow sufficient time to ensure the Citys proper receipt of the package by the time specified in Section 1.3, RFP Timeline. Regardless of the delivery method, 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, RFP Timeline. 1.7 Rights to Submitted Material All proposals and supporting materials, as well as correspondence relating to this RFP, shall become the property of the City. 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 City 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 City may reveal any trade secret materials contained in such response to all City staff and City 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 City to assist in the selection process. The City reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the Proposer of the conditions contained in this Request for Proposal. Proposals marked entirely as confidential, proprietary, or trade secret will be considered non-responsive and will be removed from the evaluation process. 7 1.8 Communications All communications of any nature regarding this RFP with any City staff, elected City 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 1.1. prior to the deadline provided in Section 1.3. Violation of this provision may result in the firms proposal being removed from consideration. 1.9 Lobbying By responding to this solicitation, the firm certifies that is has not and will not pay any person or firm to influence or attempt to influence an officer or employee of the City or the State of North Carolina, or any elected official in connection with obtaining a contract as a result of this RFP. 1.10 Conflicts of Interest City of Raleigh contracts are controlled by three conflict of interest provisions. First, federal procurement standards provide in 2 CFR 200.318 (c)(1), No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or a firm which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Similarly, the North Carolina General Statutes provides a criminal statute for conflicts of interest in public contracting. N.C.G.S. 14-234(a): (1) No public officer or employee who is involved in making or administering a contract on behalf of a public agency may derive a direct benefit from the contract except as provided in this section, or as otherwise allowed by law. (2) A public officer or employee who will derive a direct benefit from a contract with the public agency he or she serves, but who is not involved in making or administering the contract, shall not attempt to influence any other person who is involved in making or administering the contract. (3) No public officer or employee may solicit or receive any gift, favor, reward, service, or promise of reward, including a promise of future employment, in exchange for recommending, influencing, or attempting to influence the award of a contract by the public agency he or she serves. City of Raleigh Charter Section 3.9 regulates private transactions between the City and its officials and employees. The Charter states: 8 "No member of the City Council, official, or employee of the City of Raleigh shall be financially interested, or have any personal beneficial interest, either directly or indirectly, as agent, representative, or otherwise, in the purchase of, or contract for, or in furnishing any materials, equipment or supplies to the City of Raleigh, nor shall any official or employee of the City of Raleigh accept or receive, or agree to accept or receive, directly or indirectly, from any person, firm or corporation to whom any contract may be awarded or from whom any materials, equipment or supplies may be purchased by the City of Raleigh, by rebate, gift, or otherwise, any money or anything of value whatsoever, or any promise, obligation or contract for future reward or compensation, for recommending or procuring the uses of any such materials, equipment or supplies by the City of Raleigh; no member of the City Council, official or employee of the City of Raleigh shall for his own personal benefit operate, directly or indirectly, any concession in any building or on any lands of the City of Raleigh, nor shall any official or employee of the City of Raleigh bid for or be awarded any contract granting concessionary rights of any nature or kind from the City of Raleigh; it shall be unlawful for any member of the City Council, official or employee of the City of Raleigh to bid for or to purchase or to contract to purchase from the City of Raleigh any real estate, equipment, materials, or supplies of any nature or kind whatsoever, either directly or indirectly, at either public or private sale, either singly, or through or jointly with any other person. 1.11 Proposer Expenses The City of Raleigh will not be responsible for any expenses incurred by any Proposer in the development of a response to this Request for Proposal 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 City of Raleigh and/or its representatives. Further, the City of Raleigh shall reserve the right to cancel the work described herein prior to issuance and acceptance of any contractual agreement/purchase order by the recommended Proposer even if the awarding authority for each entity has formally accepted a recommendation. 1.12 Proposer Acceptance Submission of any proposal indicates a Proposers acceptance of the conditions contained in this RFP unless clearly and specifically noted otherwise on Appendix V, Exceptions to RFP and submitted with proposal. Furthermore, the City of Raleigh is not bound to accept a proposal on the basis of lowest price, and further, the City of Raleigh has the sole discretion and reserves the right to cancel this RFP, and to reject any and all proposals, to waive any and all informalities and/or irregularities, or to re-advertise with either the identical or revised specifications, if it is deemed to be in the City of Raleighs best interests to do so. The City of Raleigh 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 Proposers if it is deemed in the City of Raleighs best interest. Moreover, the City of Raleigh reserves the right to make no selection if proposals are deemed to be outside the fiscal constraint or not in the best interest of the City of Raleigh. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 9 2 PROPOSALS Responses must follow the format outlined below. The City may reject as non- responsive at its sole discretion any proposal that does not provide complete and/or adequate responses or departs in any substantial way from the required format. 2.1 Request for Proposals Required Document Format Responses should be divided using tabs to separate each section, listed sequentially as follows: Tab 1: Cover Letter Provide an introduction letter summarizing the unique proposal of your firm to meet the needs of this request for proposal. Provide the top three reasons why the City should select the proposers firm. Additionally, include the name, address, telephone, and email address of the individual who serves as the point of contact for this solicitation. This letter should be presented on the firms official letterhead and signed by an authorized representative who has the authority to enter into a contract with the City on behalf of the firm. Tab 2: Corporate Background and Experience Provide all licensing and certifications required for this project. (NCAC Title 21 Chapter 12A .0202) Minimum License Classification is: Building Contractor (GS 87-10 Section a1 Limitation Definitions) Minimum License Limitation is: Limited License Include background information on the firm and provide detailed information regarding the firms experience with similar projects. Provide a list of all similar contracts performed in the past Three (3) years. Failure to provide a list of all similar contracts in the specified period may result in the rejection of the firms proposal. Provide a list of, no less than Three (3) references (contact persons, firm, telephone number and email address). These can be the same or in addition to those firms who were asked to provide the reference questionnaire in Appendix III. 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. Tab 3: Project Understanding, Approach and Schedule Provide a comprehensive narrative, outline, and/or graph demonstrating the firm's understanding and approach to accomplishing the tasks outlined in the Scope of 10 Work section of this RFP. A description of each task and deliverable and the schedule for accomplishing each shall be included. There is a small window, beginning each year on November 1st, to install the foundation, the ice rink, set up the decorations and open to the public. Setting the foundation has been allocated the first three days available are allocated to establishing the foundation. Proposer will commit to being able to meet the set-up timeline detailed in Section 5.1 Project Timeline. Tab 4: Team Firm, Experience and Certifications This section must include the proposed staffing, deployment, and firm of personnel to be assigned to this project. The Proposer shall provide information as to the Proposals 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. Tab 5: Cost Provide a detailed explanation of the pricing itemized by materials, task, or position. Materials and equipment should be itemized by the unit cost. Hourly rates shall be fully burdened to include all costs, all applicable overhead and profit (including over-time, lift/excavation equipment, express permitting, transportation, freight, per-diem, lodging, meals). Attach any additional pricing details. Price will be expressed as an annual cost for each contract year with a total cost for all contract years as the total cost not to exceed. Year 1 $___________ Year 2 $___________ Year 3 $___________ Sub-Total $___________ Option Year #1 $___________ Option Year #2 $___________ Not to exceed total amount of: $______________________________. 2.2 RFP Documents This RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 11 3 PROPOSAL EVALUATION 3.1 Proposal Evaluation Criteria (Stage 1) This is not a bid. There will not be a public opening. The Proposals received in response to this RFP will be evaluated and ranked, by the Proposal Evaluation Committee in accordance with the process and evaluation criteria contained below. Responses will be evaluated in light of the material and substantiating evidence presented in the response, and not on the basis of what is inferred. After thoroughly reading and reviewing this RFP, each Evaluation committee member shall conduct his or her independent evaluation of the proposals received and grade the responses on their merit in accordance with the evaluation criteria set forth in the following table. The maximum interview/demonstration points a Proposer can receive is 5 points. The Proposers selected for interviews/demonstrations under this section will be notified in writing of the date and time. The Proposers interview/demonstrations shall be based solely upon information provided in each Proposers original proposal. No new information may be presented. Criteria (a) Weight (b) Score (0-3) (a) x (b) Weighted Score Corporate Background and Experience 30 Project Understanding and Schedule 25 Team Firm Experience 15 Proposed Cost 30 Total Score (without Interview/Demonstrations) Interview/Demonstration (if applicable) 5 Final Score (with Interview/Demonstrations) Score Points 0- Missing or Does Not Meet Expectation 2- Meets Expectation 1- Partially Meets Expectation 3- Exceeds Expectation Cost Formula: The cost criterion is rated by giving the proposal with the lowest total cost the maximum number of Cost points available. The remaining proposals are rated by applying the following formula: 1 - B - A x C = D A Athe lowest Proposers cost. Bthe Proposers cost being scored. Cthe maximum number of cost points available. DProposers cost score (points). 12 Note: If the formula results in a negative number (which will occur when the Offerors cost is more than twice the lowest cost), zero points shall be assigned. 3.2 Interview/Demonstration (Stage 2) A short-list of firms may be invited to Stage 2 of the evaluation process, the Interview/ Demonstration. Interview/demonstrations are an important aspect of the evaluation process that offers the City an opportunity to see how the proposers solution meets the critical components of the RFP. 3.3 Final Selection Proposals will be evaluated and ranked according to the criteria and weighted values set forth in section 3.1. Either a final selection for recommendation will be made at this time or the short-list of firms will be invited to participate in Stage 2 of the evaluation process. If Stage 2 is implemented, each firm will be evaluated and assigned a score to determine the best firm for recommendation. After which negotiations of a contract with the most qualified firm will commence. If negotiations are unsuccessful, the City will then pursue negotiations with the next most qualified firm. All Proposers will be notified of their standing immediately following the Citys decision. The City shall not be bound or in any way obligated until both parties have executed a contract. The City also reserves the right to delay the award of a contract or to not award a contract. 3.4 Notice to Proposers Regarding RFP Terms and Conditions It shall be the Proposers responsibility to read the Instructions, the Citys contract terms (Appendix IV), all relevant exhibits, attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Proposers are also responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP. 4 CONTRACT TERMS The Contract shall have an initial term of Three (3) years, beginning on the date of the Contract award (the Effective Date). At the end of the Contracts current term, the City shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to a total of Two (2) additional one-year terms. The City will give the Contractor written notice of its intent whether to exercise each option no later than Sixty (60) days before the end of the Contracts then-current term. In addition, the City reserves the right to extend a contract term for a period of up to 180 days in 90-day-or- less increments. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 13 5 SCOPE OF SERVICES The City of Raleigh is seeking proposals from qualified Proposers who can set-up a sand-box foundation to support a seasonal ice-skating rink inside Raleighs Red Hat Amphitheater located at 500 S. McDowell St., Raleigh, NC 27601. Each year there is a three-day window for the service provider to set-up a laser level surface (55x105) to place the ice rink upon. The foundation will be a compacted sand base topped with smooth clear masons or bank -type sand. The area where the sandbox will be set is nearly level in width. However, the length has slope of approximately 5%. Additional details are provided in Section 5.2 Contractors responsibility. The ice rink foundation will be set-up each year in November after the Amphitheaters convert season, and removed in January, at the end of the operational season. The following operational dates are provided for planning. FY22s target dates are November 12, 2021 through January 12, 2022. FY23s target dates are November 11, 2022 through January 11, 2023. FY 24s target dates are November 10, 2023 through January 10, 2024. 5.1 Proposed Project Timeline There is a small window, beginning each year on November 1st, to install the foundation, the ice rink, set up the decorations and open to the public. Setting the foundation has been allocated the first three days available are allocated to establishing the foundation. Execution of Signed Contract: September 15, 2021 Foundation erection 3-day window: November 1 - 3 Rink Take Down Ten-day period after the ice rink is removed. The City will work with the contracted service provider to allow all the prep-work possible before the set-up window opens. However, work to set-up the sandbox cannot begin until the Amphitheaters concert season ends. When the set-up window opens, the contracted service provider will be authorized to work from 7:30 AM to 10:00 PM. The contractor will deliver and set-up the sand-box foundation each year between November 1- 3 each year. In the event the set-up is not completed by this date, the Contractor may be assessed liquidated damages, in an amount to be negotiated, for each days delay beyond the completion date. 14 5.2 Contractors Responsibilities 5.2.1 Install a sandbox, by constructing a wood-framed perimeter, where the top of the wood framing is perfectly level, with the box area filled and leveled with masons or river-bank sand, free of rocks, chunks, organic material, and clay, with the top perfectly smooth and ready to receive the portable ice rink components. 5.2.2 The sand-fill area within the sandbox should be at minimum 2-inches in depth and can be 2-feet or more in height from the sub-surface base, with the depth of the sand dependent on the slope of the ice rink footprint area. 5.2.2.1 At the high point of the rink footprint, there would be the least framing, the minimum frame will be a minimum a 2x4 placed on its side. 5.2.2.2 The corners of the sandbox can either be "squared-off" on all sides or squared- off on the rink header system side, and "angled-off" on a 45-deg angle on the opposite side to allow for the rink's radius corners. 5.2.3 The sandbox must be "generally compacted".... not like a building pad site, but the sand cannot press-in too much when walked on during installation. 5.2.4 The ice rink and foundations must be robust enough to support the weight of 200 skaters or an ice resurfacer at any given time during ice rink operations. The sandbox must be compacted and secure enough so that it will not collapse during the season. 5.2.5 The completed sandbox should be covered with 6-mil plastic sheeting to prevent its damage/run-out prior to the rink construction. 5.2.6 Install a geotextile or other mesh filter INSIDE the perimeter frame, to allow drainage while preventing the sand from "leaking" out of the box at its base. Drainage should be directed away from the ice rink and its foundation. 5.2.7 Contracted service provider is responsible for all permitting. The annual costs in the proposal should be fully burdened to include express permitting. 5.2.8 Contracted service provided shall include the cost of all lift/excavation equipment. The annual costs in the proposal should be fully burdened to include all lift/excavation equipment. NOTE 1: Clay cannot be used as a fill material; it expands greatly when saturated and frozen, which will cause severe heaving and damage to the ice surface. NOTE 2: Beach sand cannot be used due to its salt content, which is problematic with making ice. NOTE 3: There should be no organic matter, manure, or mulch used in the sandfill, as this material gives off heat. NOTE 4: No rocks or sharp edges of any sort should show at the top level of the sandfill, as this might cause a puncture in a cooling tube, causing a leak. 5.3 Owners Responsibilities 5.3.1 Remove all seating in the sandbox area. 5.3.2 Provide a 110 -volt power source for tools. 5.3.3 Provide lighting for afterhours work. 15 5.4 Additional Instructions 5.4.1 The use of tracked vehicles on the site is only permitted with prior written approval from the Owner. 5.4.2 Drilling into the concrete is not authorized with out prior written approval from the owner. 5.4.3 The owner will not store the sandbox or the sand during the off season. Left - 2X4-Stud pinned to plaza pavers; plastic liner retains sand. Rink mats shown rolled out. Right - Mid-range of typical sandbox depth, held by kicker frames, pinned to plaza pavers. Left - Sandbox with kicker support braces; these braces could be located within the sandbox to hide the exterior bracing, making for a more-finished rink perimeter. 16 Right - An example of a high side of a sandbox, at the lowest point of this projects rink footprint. Heavier duty 2x4 braces are required. These braces could also be located within the sandbox to hide the exterior bracing, making for a more finished rink perimeter. Left Vapor barrio installed. Below Area view. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 17 APPENDIX I Proposal Cost Form 274-RCC8-21 Ice Rink Foundation Awarded Contractor shall perform the services to be performed as set forth in this RFP and more particularly described in Section 5, for the initial 3-year term and two optional years, at a not to exceed total amount of: Year 1 $___________ Year 2 $___________ Year 3 $___________ Sub-Total $___________ Option Year #1 $___________ Option Year #2 $___________ Not to exceed total amount of: $______________________________. Proposer shall attach proposal cost breakdown to Appendix I Proposal Cost Form. Firm Name: ____________________________________________________________ Authorized Signature _______________________________Date__________________ Signed by: _____________________________________________________________ [Type or Print Name] Title of Signer: __________________________________________________________ 18 APPENDIX II PROPOSER QUESTIONNAIRE The following questions must be answered, and data given must be clear and comprehensive. If necessary, questions may be answered on separate sheets. The Proposer may submit any additional information desired. Company Name: d/b/a (if applicable) Street / PO Box: City: State: Zip: Phone: Fax: E-Mail: Website (if applicable): Sole Proprietor Partnership Corporation Other Number of years in business under companys present name: Fed Tax ID #: DUNS # Are you certified with the North Carolina Secretary of State to conduct business (if required)? (Check One) YES: NO: Not Applicable: Are you properly licensed/certified by the Federal and/or State of North Carolina to perform the specified work? YES: NO: Not Applicable: ATTACH COPY OF ALL APPLICABLE LICENSING/CERTIFICATION DOCUMENTS Are/will you be properly insured to perform the work? YES: NO: Contact for this Contract: Title: Phone: Fax: E-Mail: Have you ever defaulted or failed on a contract? (If yes, attach details) YES: NO: List at least three (3) references for which you have provided these services (same scope/size) in the past three years - preferably government agencies. Do not include City of Raleigh as a reference to meet the requirement of listing at least (3) references. PROPOSERS ARE RESPONSIBLE FOR SENDING REFERENCE QUESTIONNAIRE (APPENDIX III) TO THEIR REFERENCES. 1. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 2. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 3. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 4. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 5. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: The undersigned swears to the truth and accuracy of all statements and answers contained herein: Authorized Signature: Date: 19 APPENDIX III City of Raleigh 274-RCC8-21 Ice Rink Foundation Reference Questionnaire The City of Raleigh, as a part of the RFP, requires proposing companies to submit a minimum of Three (3) business references as required within this document. The purpose of these references is to document the experience relevant to the scope of services and provide assistance in the evaluation process. The Proposer is required to send the reference form (the following two pages) to each business reference listed on Proposer Questionnaire. The business reference, in turn, is requested to submit the Reference Form directly to the City of Raleigh Point of Contact identified on the Reference Questionnaire form for inclusion in the evaluation process. The form and information provided will become a part of the submitted proposal. The business reference may be contacted for validation of the response. It is the Proposers responsibility to verify their references have been received by the City of Raleigh Point of Contact by the date indicated on the reference form. 20 City of Raleigh 274-RCC8-21 Ice Rink Foundation REFERENCE QUESTIONNAIRE _______________________________________________________________ (Name of Business Requesting Reference) This form is being submitted to your company for completion as a business reference for the company listed above. This form is to be returned to the City of Raleigh, Robert Baker, via email to Robert.Baker@RaleighNC.gov no later than 3:00 PM ET, September 24, 2021 and MUST NOT be returned to the company requesting the reference. For questions or concerns regarding this form, please contact the City of Raleigh, Point of Contact above. Company Providing Reference Contact Name and Title/Position Contact Telephone Number Contact Email Address Questions: 1. In what capacity have you worked with this company in the past? If the company was under a contract, please acknowledge and explain briefly whether or not the contract was successful. Comments: 2. How would you rate this companys knowledge and expertise? 3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable Comments: 3. How would you rate the companys flexibility relative to changes in the scope and timelines? 3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable Comments: 4. What is your level of satisfaction with hard-copy materials, e.g. reports, logs, etc. produced by the company? 3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable Comments: 21 5. How would you rate the dynamics/interaction between the company and your staff? 3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable Comments: 6. Who were the companys principle representatives involved in providing your service and how would you rate them individually? Would you comment on the skills, knowledge, behaviors or other factors on which you based the rating? (3= Excellent; 2= Satisfactory; 1= Unsatisfactory; 0= Unacceptable) Name: Rating: Name: Rating: Name: Rating: Name: Rating: Comments: 7. With which aspect(s) of this companys services are you most satisfied? Comments: 8. With which aspect(s) of this companys services are you least satisfied? Comments: 9. Would you recommend this companys services to your organization again? Comments: _________________________________________________________________________ _________________________________________________________________________ _________________________________________________________________________ 22 APPENDIX IV CONTRACT STANDARD TERMS AND CONDITIONS The contract terms provided herein shall become a part of any contract issued as a result of this solicitation. Any exceptions to the contract terms must be stated in the submittal. Any submission of a proposal without objection to the contract terms indicates understanding and intention to comply with the contract terms. If there is a term or condition that the firm intends to negotiate, it must be stated in the proposal. The successful firm will not be entitled to any changes or modifications unless they were first stated in the proposal. The City of Raleigh reserves the right, at its sole discretion, to reject any or all submittal package(s) containing unreasonable objections to standard City of Raleigh contract provisions. 1. Compensation; Time of Payment The standard City of Raleigh payment term is NET 30 days from the date of invoice. For prompt payment all invoices should be emailed to (accountspayable@raleighnc.gov) or mail to the City of Raleigh, Accounts Payable, PO Box 590, Raleigh, North Carolina 27602-0590. All invoices must include the Purchase Order Number. Invoices submitted without the correct purchase order number will result in delayed payment. 2. Workmanship and Quality of Services All work performed under this Contract shall be performed in a workmanlike and professional manner, to the reasonable satisfaction of the City, and shall conform to all prevailing industry and professional standards. 3. Non-discrimination To the extent permitted by North Carolina law, the parties hereto for themselves, their agents, officials, employees and servants agree not to discriminate in any manner on the basis of race, color, creed, national origin, sex, age, handicap, or sexual orientation with reference to the subject matter of this Contract. The parties further agree, to the extent permitted by law, to conform with the provisions and intent of City of Raleigh Ordinance 1969-889, as amended. This provision is hereby incorporated into this Contract for the benefit of the City of Raleigh and its residents, and may be enforced by action for specific performance, injunctive relief, or other remedy as provided by law. This provision shall be binding on the successors and assigns of the parties with reference to the subject matter of this Contract. 4. Minority and Women Owned Business Enterprise The City of Raleigh prohibits discrimination in any manner on the basis of race, color, creed, national origin, sex, age or handicap or sexual orientation and will pursue an affirmative policy of fostering, promoting and conducting business with women and minority owned business enterprises. The City of Raleigh encourages participation by certified minority and women-owned businesses. If there are any questions, Contact the MWBE Program Manager, PO BOX 590 Raleigh, NC 27602, mwbe@raleighnc.gov, or 919-996-4330. mailto:accountspayable@raleighnc.gov mailto:mwbe@raleighnc.gov 23 5. Assignment This Contract may not be assigned without the express written consent of the City. 6. Applicable Law All matters relating to this Contract shall be governed by the laws of the State of North Carolina, without regard to its choice of law provisions, and venue for any action relating to this Contract shall be Wake County Civil Superior Court or the United States District Court for the Eastern District of North Carolina, Western Division. 7. Insurance Contractor agrees to maintain, on a primary basis and at is sole expense, at all times during the life of this Contract the following coverages and limits. The requirements contained herein, as well as Citys review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this Contract. Commercial General Liability Combined single limit of no less than $1,000,000 each occurrence and $2,000,000 aggregate. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. Automobile Liability Limits of no less than $1,000,000 Combined Single Limit. Coverage shall include liability for Owned, Non-Owned and Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Auto Liability policy. Automobile coverage is only necessary if vehicles are used in the provision of services under this Contract and/or are brought on a COR site. Workers Compensation & Employers Liability Contractor agrees to maintain Workers Compensation Insurance in accordance with North Carolina General Statute Chapter 97 with statutory limits and employees liability of no less than $1,000,000 each accident. Additional Insured Contractor agrees to endorse the City as an Additional insured on the Commercial General Liability, Auto Liability and Umbrella Liability if being used to meet the standard of the General Liability and Automobile Liability. The Additional Insured shall read City of Raleigh is named additional insured as their interest may appear. Certificate of Insurance Contractor agrees to provide COR a Certificate of Insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and Certificates of Insurance 24 shall provide a minimum thirty (30) day endeavor to notify, when available, by Contractors insurer. If Contractor receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Contractor agrees to notify the City within five (5) business days with a copy of the non-renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. The Certificate Holder address should read: City of Raleigh Post Office Box 590 Raleigh, NC 27602-0590 Umbrella or Excess Liability Contractor may satisfy the minimum liability limits required above under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability, however, the Annual Aggregate limits shall not be less than the highest Each Occurrence limit for required policies. Contractor agrees to endorse City of Raleigh as an Additional Insured on the Umbrella or Excess Liability, unless the Certificate of Insurance states the Umbrella or Excess Liability provides coverage on a Follow-Form basis. Professional Liability Limits of no less than $1,000,000 each claim. This coverage is only necessary for professional services such as engineering, architecture or when otherwise required by the City. All insurance companies must be authorized to do business in North Carolina and be acceptable to the City of Raleighs Risk Manager. 8. Indemnity Except to the extent caused by the sole negligence or willful misconduct of the City, the Contractor shall indemnify and hold and save the City, its officers, agents and employees, harmless from liability of any kind, including all claims, costs (including defense) and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this Contract, and from any and all claims, costs (including defense) and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Contractor in the performance of this Contract. This representation and warranty shall survive the termination or expiration of this Contract. The Contractor shall indemnify and hold and save the City, its officers, agents and employees, harmless from liability of any kind, including claims, costs (including defense) and expenses, on account of any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Contract. 25 9. Intellectual Property Any information, data, instruments, documents, studies, reports or deliverables given to, exposed to, or prepared or assembled by the Contractor under this Contract shall be kept as confidential proprietary information of the City and not divulged or made available to any individual or organization without the prior written approval of the City. Such information, data, instruments, documents, studies, reports or deliverables will be the sole property of the City and not the Contractor. All intellectual property, including, but not limited to, patentable inventions, patentable plans, copyrightable works, mask works, trademarks, service marks and trade secrets invented, developed, created or discovered in performance of this Contract shall be the property of the City. Copyright in and to any copyrightable work, including, but not limited to, copy, art, negatives, photographs, designs, text, software, or documentation created as part of the Contractors performance of this project shall vest in the City. Works of authorship and contributions to works of authorship created by the Contractors performance of this project are hereby agreed to be works made for hire within the meaning of 17 U.S.C. 201. 10. Acknowledgement of City Brand and Tree Logo Ownership and Restrictions The City of Raleigh has developed proprietary branding (the City Brand) centered around the Raleigh tree mark logo (the Tree Logo). The Citys exclusive rights and ownership in and to the Tree Logo are protected under trademark and copyright, including U.S. Copyright Reg. No. VAu1-322-896, N.C. State Trademark Registration Reg. No. T-23070 and Federal Trademark Registration Reg. No. 5,629,347, as well as under other federal and state laws. Contractor acknowledges and understands that the City is not conferring any license to Contractor under this Agreement to use or depict the Tree Logo or other aspects of the City Brand. Contractor shall not make any use or depiction of the Tree Logo or other aspects of the City Brand without the prior express written approval of the City. In this regard, should any materials being produced by Contractor for the City under this Agreement contemplate use or depiction of the Tree Logo, including, but not limited to, printed materials, digital media, signage and/or display materials, Contractor shall proceed under the auspices and direction of the Citys Communications Department and shall comply with all guidelines and restrictions governing use or depiction of the Tree Logo. 11. Force Majeure Except as otherwise provided in any environmental laws, rules, regulations or ordinances applicable to the parties and the services performed under this Contract, neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign actions, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Either party to the Contract must take reasonable measures and implement reasonable protections when a weather event otherwise defined as a force majeure event is forecast to 26 be eligible to be excused from the performance otherwise required under this Contract by this provision. 12. Advertising The Contractor shall not use the existence of this Contract, or the name of the City of Raleigh, as part of any advertising without the prior written approval of the City. 13. Cancellation The City may terminate this Contract at any time by providing thirty (30) days written notice to the Contractor. In addition, if Contractor shall fail to fulfill in timely and proper manner the obligations under this Contract for any reason, including the voluntary or involuntary declaration of bankruptcy, the City shall have the right to terminate this Contract by giving written notice to the Contractor and termination will be effective upon receipt. Contractor shall cease performance immediately upon receipt of such notice. In the event of early termination, Contractor shall be entitled to receive just and equitable compensation for costs incurred prior to receipt of notice of termination and for the satisfactory work completed as of the date of termination and delivered to the City. Notwithstanding the foregoing, in no event will the total amount due to Contractor under this section exceed the total amount due Contractor under this Contract. The Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract, and the City may withhold any payment due to the Contractor for the purpose of setoff until such time as the City can determine the exact amount of damages due the City because of the breach. Payment of compensation specified in this Contract, its continuation or any renewal thereof, is dependent upon and subject to the allocation or appropriation of funds to the City for the purpose set forth in this Contract. 14. Laws/Safety Standards The Contractor shall comply with all laws, ordinances, codes, rules, regulations, safety standards and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and/or authority. All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate state inspector which customarily requires the label or re-examination listing or identification marking of the appropriate safety standard organization, such as the American Society of Mechanical Electrical Engineers for pressure vessels; the Underwriters' Laboratories and/or National Electrical Manufacturers' Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the 27 type(s) of devices offered and furnished. Further, all items furnished by the Contractor shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution. Contractor must comply with North Carolina Occupational Safety and Health Standards for General Industry, 29CFR 1910. In addition, Contractor shall comply with all applicable occupational health and safety and environmental rules and regulations. Contractor shall effectively manage their safety and health responsibilities including: A. Accident Prevention Prevent injuries and illnesses to their employees and others on or near their job site. Contractor managers and supervisors shall ensure personnel safety by strict adherence to established safety rules and procedures. B. Environmental Protection Protect the environment on, near, and around their work site by compliance with all applicable environmental regulations. C. Employee Education and Training Provide education and training to all contractors employees before they are exposed to potential workplace or other hazards as required by specific OSHA Standards. 15. Applicability of North Carolina Public Records Law Notwithstanding any other provisions of this Contract, this Contract and all materials submitted to the City by the Contractor are subject to the public records laws of the State of North Carolina and it is the responsibility of the Contractor to properly designate materials that may be protected from disclosure as trade secrets under North Carolina law as such and in the form required by law prior to the submission of such materials to the City. Contractor understands and agrees that the City may take any and all actions necessary to comply with federal, state, and local laws and/or judicial orders and such actions will not constitute a breach of the terms of this Contract. To the extent that any other provisions of this Contract conflict with this paragraph, the provisions of this section shall control. 16. Miscellaneous The Contractor shall be responsible for the proper custody and care of any property furnished or purchased by the City for use in connection with the performance of this Contract, and will reimburse the City for the replacement value of its loss or damage. The Contractor shall be considered to be an Independent Contractor and as such shall be wholly responsible for the work to be performed and for the supervision 28 of its employees. Nothing herein is intended or will be construed to establish any agency, partnership, or joint venture. Contractor represents that it has, or will secure at its own expense, all personnel required in performing the services under this Contract. Such employees shall not be employees of or have any individual contractual relationship with the City. This Contract may be amended only by written agreement of the parties executed by their authorized representatives. 17. Right to Audit and Access to Records a. The City may conduct an audit of any services performed and fees paid subject to this Contract. The City, or its designee, may perform such an audit throughout the contract period and for three (3) years after termination thereof or longer if otherwise required by law. b. The Contractor and its agents shall maintain all books, documents, papers, accounting records, contract records and such other evidence as may be appropriate to substantiate costs incurred under this Contract. The City, or its designee, shall have the right to, including but not limited to: review and copy records; interview current and former employees; conduct such other investigation to verify compliance with contract terms; and conduct such other investigation to substantiate costs incurred by this Contract. c. Records shall be defined as data of every kind and character, including but not limited to books, documents, papers, accounting records, contract documents, information, and materials that, in the City's sole discretion, relate to matters, rights, duties or obligations of this Contract. d. Records and employees shall be available during normal business hours upon advanced written notice. Electronic mail shall constitute written notice for purposes of this section. e. Contractor shall provide the City or its designee reasonable access to facilities and adequate and appropriate workspace for the conduct of audits. f. The rights established under this section shall survive the termination of the Contract, and shall not be deleted, circumvented, limited, confined, or restricted by contract or any other section, clause, addendum, attachment, or the subsequent amendment of this Contract. g. The Contractor shall reimburse the City for any overcharges identified by the audit within ninety (90) days of written notice of the Citys findings. h. Contractor shall, upon request, provide any records associated with this engagement to the North Carolina State Auditor that are necessary to comply with the provisions of G.S. 147-64.7. 29 18. E Verify Contractor shall comply with E-Verify, the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law and as in accordance with N.C.G.S. 64-25 et seq. In addition, to the best of Contractors knowledge, any subcontractor employed by Contractor as a part of this contract shall be in compliance with the requirements of E-Verify and N.C.G.S. 64-25 et seq. 19. Iran Divestment Act Certification Contractor certifies that, as of the date listed below, it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. 147- 86.55, et seq. In compliance with the requirements of the Iran Divestment Act and N.C.G.S. 147-86.59, Contractor shall not utilize in the performance of the contract any subcontractor that is identified on the Final Divestment List. 20. Companies Boycotting Israel Divestment Act Certification Contractor certifies that it has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81. 21. Incorporation of Documents/Complete Agreement This Contract, and any documents incorporated below, represent the entire Contract between the parties and suspend all prior oral or written statements, agreements or Contracts. Specifically incorporated into this Contract are the following attachments, or if not physically attached, are incorporated fully herein by reference: List enclosures (I.E. RFP, Addendum(s), Vendors proposal and/or Pricing) In cases of conflict between this Contract and any of the above incorporated attachments or references, the terms of this Contract shall prevail. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 30 APPENDIX V EXCEPTIONS TO RFP Check one: NO EXCEPTIONS, PROPOSER COMPLIES WITH ALL DOCUMENTS IN RFP. EXCEPTIONS ARE LISTED BELOW: # RFP 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) 1 2 3 8 9 10 11 12 FAILURE TO IDENTIFY ANY EXCEPTIONS WILL INDICATE ACCEPTANCE OF ALL TERMS AND CONDITIONS, AND REQUIREMENTS OF THE RFP AND ANY CORRESPONDING ADDENDUM ISSUED. THE CITY, AT ITS SOLE DISCRETION, MAY MODIFY OR REJECT ANY EXCEPTION OR PROPOSED CHANGE. Firm: Authorized Signature Title: Printed Name of Signer Date: