TOWN OF WAKE FOREST PARKS, RECREATION, AND CULTURAL RESOURCES DEPARTMENT

TOWN OF WAKE FOREST REQUEST FOR QUALIFICATIONS 2023 T O W N O F W A K E F O R E S T Page 1 RFQ # 22-0003 TOWN OF WAKE FOREST PARKS, RECREATION, AND CULTURAL RESOURCES DEPARTMENT SYSTEM WIDE MASTER PLAN UPDATE AND IMPACT FEES STUDY DATE ISSUED Thursday, January 12, 2023 DUE DATE Monday, February 13, 2023 @ 2:00 p.m. For Procurement Questions and RFQ Mailing Address Attn: Randy Driver, Purchasing Manager 234 Friendship Chapel Road, Wake Forest, NC 27587 919-435-9474 rdriver@wakeforestnc.gov For Project Questions Contact: Ruben Wall, PRCR Director rwall@wakeforestnc.gov mailto:rdriver@wakeforestnc.gov mailto:rwall@wakeforestnc.gov TOWN OF WAKE FOREST REQUEST FOR QUALIFICATIONS 2023 T O W N O F W A K E F O R E S T Page 2 TABLE OF CONTENTS I. Notice

& Commuinty Profile ... .................................................................. 3 II. Background....................................................................................................4 III. Project Overall Scope of Services ................................................................ 5 IV. Content and Format................................................................................... 9 V. Submittal Process Details ......................................................................... 11 VI. Qualifications ........................................................................................... 12 VII. Selection Process ...................................................................................... 13 VIII. Evaluation Criteria ................................................................................... 13 APPENDIX A ............................................................................................ 14 TOWN OF WAKE FOREST REQUEST FOR QUALIFICATIONS 2023 T O W N O F W A K E F O R E S T Page 3 I. Notice/Invitation The Town of Wake Forest is soliciting Request for Qualifications from Consultants qualified to update and develop a system wide Parks Master Plan and update the Town’s Recreation Impact Fees. The mission of the Wake Forest Parks, Recreation and Cultural Resources Department is to enhance the lives of citizens by promoting health and wellness through diverse, safe, accessible, and culturally enriching recreational opportunities. The master plan should create a roadmap for ensuring just and fair quantity, proximity and connections to quality parks and green space, recreation facilities and programs throughout the community now and into the future. The Town of Wake Forest is seeking a system-wide approach in order to develop goals, policies, guidelines and prioritize strategies based on current and future funding scenarios. The selected firm will have proven experience and knowledge in park and recreation planning, project management and effective public involvement processes and work closely with Town staff, the Wake Forest Parks, Recreation & Cultural Resources Advisory Board and other stakeholders in preparing the Plan. The Plan will drive Town parks long-range and near-term planning and direct decision-making and resources toward a clearly defined vision for its future, including development and redevelopment of the parks, facilities, open space, public art and recreation system over the next five years. The planning process will consist of the following components: needs assessment, visioning, identifying and evaluating community needs, priorities and opportunities, defining level of service standards, and creating a phased implementation and financial plan. It must include public involvement, provide realistic goals for implementation and prioritize the actions needed to implement the plan. In addition, the Plan must also provide an update to the Town’s Recreation Impact Fees. The Town utilizes comprehensive planning to define a consistent future vision and strategic priorities as it forces the organization to imagine the desired future of its services, recognizing the realities of the external operating environment and developing an action plan to make the desired future a reality. The firm must create a response document which summarizes the planning process, the public input process, maps and data collected, process for analyzing level of service standards, process for updating impact fees, the analysis of forecasted needs and implementation strategies and present it to the Wake Forest Parks, Recreation & Cultural Resources Advisory Board, Planning Board and Board of Commissioners for review and approval. I. Community Profile The Town of Wake Forest is a fast-growing community positioned just north of Raleigh and northeast of North Carolina’s Research Triangle Park. Incorporated in 1909, the Town grew as a community of rich heritage, small-town character, home to a vibrant and historic Downtown, festivals and events, and scenic natural areas cherished by its residents. Over the past two decades, the Town has experienced unprecedented growth reflective of the surrounding region, prompting new development that has been primarily residential. Today, residents enjoy attractive suburban living with access to nearby urban amenities. Wake Forest has experienced significant growth since the 1990s, with its population increasing by over seven times its size. The current population of the Town of Wake Forest is 47,601 people (2020 Census). Between 1990 and 2020, https://www.wakeforestnc.gov/parks-recreation-cultural-resources/2015-prcr-master-plan https://www.wakeforestnc.gov/finance/fees-charges/inspections-fees/impact-fees https://www.wakeforestnc.gov/finance/fees-charges/inspections-fees/impact-fees TOWN OF WAKE FOREST REQUEST FOR QUALIFICATIONS 2023 T O W N O F W A K E F O R E S T Page 4 the Town experienced tremendous growth by 41,832 new residents, a 725% population change. This is more than four times greater than Wake County’s population growth and almost 13 times greater than North Carolina’s growth within the same period. The Town’s significant population increase is reflective of the major growth occurring in municipalities across the Research Triangle. The Town’s growth is most likely associated with the availability and lower cost of land and housing compared to the City of Raleigh. Over the next two decades, Wake Forest’s population is projected to increase by 150% to 118,912 people in 2040. II. Background The Master Plan is used to assess our resident’s needs and prioritize park acquisition, future staffing needs, park maintenance, public art decisions, open space and trail acquisition and development, facility capital needs and recreation. The Board of Commissioners adopted the update to the Wake Forest Parks, Recreation, and Cultural Resources Master Plan in 2015 and approved the Parks and Recreation Facilities Impact Fee Update Study in 2018. The Town also has a Capital Improvements Plan that includes parks and is updated annually. Key factors to the Town’s Parks long-range planning process include the following: • Conducting a needs assessment process to analyze open space, community park and recreation needs and interests and identify the gaps to be addressed to meet those needs and interests. There are other agencies with open space and recreational opportunities within and near the Town. Recognition of those existing facilities and open space must factor into the assessment process. • Assess the future vision of the parks, open space, staffing needs, recreation and arts related services and determine the strategic priorities to achieve that vision. • Engage stakeholders in the planning process to build consensus and support for the effective development and implementation of the Plans. • Foster an awareness of the organization’s presence and impact on the community. • Develop a “living document,” which reflects the outcomes of the process and provides clear direction on actions to be taken to address strategy and provides a foundation for the development of all other planning and operating documents (e.g., budget, capital, facility and marketing plans). • Ensure the most effective use of the organization’s resources by focusing decision making and spending on strategic priorities and Community Plan policies. • Provide a town-wide vision for the established parks and to establish a strategic direction for the parks system. • Finally, to provide an impact fee analysis that provides financial sustainability to accomplish Plan goals. The Town of Wake Forest reserves the right to reject any or all proposals and to make the award as deemed in the best interest of the Town of Wake Forest. TOWN OF WAKE FOREST REQUEST FOR QUALIFICATIONS 2023 T O W N O F W A K E F O R E S T Page 5 III. Project Overall Scope of Services Review approved existing Wake Forest Parks, Recreation, and Cultural Resources Master Plan (2015), Parks & Recreation Facilities Impact Fee Rate Study (2018), Community Plan (2022). In 2015, the Board recognized a need to redefine the relationship between parks need, demand, acquisition, and maintenance. A plan update is needed to address challenges presented by population growth and a determination of need which is not contextually compatible with current staff capacity and existing opportunities for land acquisition. Primary Objectives • Provide an estimated timeline and work schedule. • Prepare and implement a comprehensive community outreach plan, especially to underserved and underrepresented neighborhoods for the Parks, Recreation, and Cultural Resources Master Plan update • Conduct and prepare a youth/young & active adults amenity study • Conduct and prepare a recreational demand study • Conduct and prepare a condition assessment report of major park assets such as outdoor restrooms and playgrounds • Prepare and recommend capital projects for the next 5 years including cost estimates • Develop a useful, readable planning document that will guide us strategically in managing the Park system for the next several years • Hold public meetings and interact with the community to find out the expectation of level of service, goals and objectives from the residents • Conduct and prepare Recreation impact fee rate study. MASTER PLAN SCOPE OF WORK The Scope of Services includes activities for updating the Town’s Parks, Recreation, Cultural Resources Master Plan. Background Information Review • Review and assessment of relevant plans • Assess organizational strengths, weaknesses, opportunities, and threats • Analysis of level of service that is both feasible and aligned with the desires of residents and expressed through the public involvement process • Exploration of finance and funding mechanisms to support development and sustainability of the system. https://www.wakeforestnc.gov/parks-recreation-cultural-resources/2015-prcr-master-plan https://online.flippingbook.com/view/711346792/ /sites/default/files/uploads/purchasing/2023/wfprcr_dept._impact_fees_final_report.pdf TOWN OF WAKE FOREST REQUEST FOR QUALIFICATIONS 2023 T O W N O F W A K E F O R E S T Page 6 Plan Process & Development • System Wide Analysis – Conduct assessment of Existing Conditions • Create Needs and Priorities Assessment to include Staffing and Facility Needs based on community growth, • Solicit Public and Staff Involvement • Conduct community mapping and include graphic documentation • Research of Potential Funding Sources • Use comparison of recommendations based on National Recreation Parks Association Standards • Provide process to implement recommendations through strategic planning • Incorporate Community Plan and Art Plan concepts • Provide Draft Master Plan, Final 5 Year Master Plan Document and present to the Parks, Recreation and Cultural Resources Advisory Board and Board of Commissioners. Develop and Execute a Public Involvement Strategy to include • At least four steering committee meetings (3 with target focus groups: Parks, Recreation and Cultural Arts Programming; Athletics & Aquatics, Park Maintenance and Facilities) • Develop public outreach plan to reach underrepresented and underserved neighborhoods • Plan must include online engagement tools such as social media, targeted stakeholders (Advisory Boards and other community groups), public neighborhood forums, several board briefings, and resident interviews • Record and document public comment • The outreach plan must employ creative tools to develop group consensus and understanding • Provide plan for outreach to non-English speaking stakeholders • Develop a survey instrument to evaluate resident and visitor perceptions on current and future facilities, current and future programming, connectivity and access via existing and parks and facilities, protection and enhancement of significant environmental and/or cultural environments, and any other obstacles and opportunities. • A minimum of three public input (two in-person and one virtual meeting) opportunities either with a printed agenda, presentation, handouts, displays and materials for in-person event, or through an interactive online presentation with survey or other innovative community engagement opportunity. • Stakeholder interviews/surveys/meetings/ input (not just Town staff but Downtown Business Association, school district, athletic organizations, non-profits, adjacent municipalities, Wake County Parks, Recreation and Open Space staff, and community partners). • Presentation by the consultant to the PRCR Advisory Board of the draft plan and recommended plan for adoption. • Presentation by the consultant in a work session to the Board of Commissioners • Material that can be distributed to inform stakeholders about the development of the plan. All materials to be approved by Wake Forest PRCR and the towns Communications Department staff. • Web content regarding the plan that the Town can use to update the Town of Wake Forest’s website and post on social media sites. TOWN OF WAKE FOREST REQUEST FOR QUALIFICATIONS 2023 T O W N O F W A K E F O R E S T Page 7 Youth/Young & Active Adult Amenity Study • Conduct and prepare a study on amenities and services for youths and young adults ages 1- years to 18 years old. • Summarize Wake Forest’s current offerings for youth and young adults • Conduct and prepare a study on amenities and services for active adults ages 55+ • Summarize Wake Forest’s current offerings for active adults. • Assess demand for youth and young adult amenities. • Assess demand for active adult amenities. • Development of an action plan for capital improvements including cost, funding source potentials, and timeframe to support the implementation for desired services. • Provide potential locations and/or concept ideas for proposed amenities. Recreational Demand Study Conduct and prepare a recreation demand study including: • Prepare demographic profile for the town • Assess demand for recreation programs • Identify and summarize location “competition”/potential partners in recreation program areas • Review and summarize regional, new and emerging and declining trends in recreation activities • Determine the levels of services for park and recreation facilities to calculate the quantity of facilities that are required with projected growth. Indoor/Outdoor Asset Condition Assessments Conduct and prepare an assessment of major indoor/outdoor recreation assets: • Assess and rate the condition of community centers and park amenities such as playgrounds, outdoor restrooms, shelters, hard courts, band shell, and grass/dirt sports fields. • Project future indoor/outdoor recreation facility needs based on growth forecasts. Prepare Useful, Readable Planning Document • Identification and categorization of recommendations into themes with goals, objectives and an action plan for implementation. • Specific action steps to guide the Town in the present and future for its park’s planning/funding/development process including conceptual ideas for underdeveloped or undeveloped park property. • Development of an action plan for capital improvements including cost, funding source potentials, and a timeframe to support the implementation of the plan. • Report must include relevant text, graphics, maps, etc. in electronic format for final adoption and distribution. TOWN OF WAKE FOREST REQUEST FOR QUALIFICATIONS 2023 T O W N O F W A K E F O R E S T Page 8 • Presentation to the Wake Forest Parks, Recreation and Cultural Resources Advisory Board and Board of Commissioners. • Plan presented for adoption through the formal local legislative process. Impact Fee Study Scope of Work • Review current fees, revise, amend and/or make recommendations for changes based on industry standards and government legislation. • Provide and overall review of methodology including impact fee calculations to staff in preparation for presentation to the Planning Board and Board of Commissioners. • Conduct stakeholder meetings with (adjacent municipalities and community partners (Triangle Community Coalition, Homebuilders Association, etc.). • Prepare a comprehensive analysis report and present findings and recommendations to the Town Staff, Recreation Advisory Board, Planning Board, and the Board of Commissioners. • Presentation by the consultant in public hearings for Planning Board recommendations and approval by the Board of Commissioners. • Create impact fee schedule implementation and recommend schedule for updating future impact fees. The Town of Wake Forest will require the following: • The Town will require the selected firm to meet with a core group of Town Staff as needed to ensure the project will serve the needs of the Town of Wake Forest prior to the beginning of the process. • When submitting qualifications to The Town of Wake Forest include all firms or individuals you will be working with as part of your team. Provide references of projects including contact information for the customer project administrator, similar to scope and size you have completed. • As part of the parks and recreation facilities impact fee update study, the following tasks will be completed. • Task 1: Background Review and Kick-off Meeting • Task 2: Technical Analysis • Subtask A: Inventory of Existing Facilities, Standards, and Level of Service • Subtask B: Demand Component • Subtask C: Cost Component • Subtask D: Credit Component • Subtask E: Impact Fee Schedule/Implementation • Subtask F: Technical Report • Task 3: Meetings and Presentations TOWN OF WAKE FOREST REQUEST FOR QUALIFICATIONS 2023 T O W N O F W A K E F O R E S T Page 9 IV. Content and Format Submissions shall include information that demonstrates clear, concise information that relates directly to this project. The firm must demonstrate the ability to meet the Town of Wake Forest’s needs and do such within a reasonable timeline. Submissions shall include and be organized in the order below: Cover letter: The letter of interest provided in the submission shall include the following: 1. The name and address of the company and the state in which it is incorporated and chiefly located. 2. The name and address of each sub-consultant and the state in which each Consultant is incorporated and chiefly located if sub-consultant is part of team. 3. A brief description of the Consultant (prime and sub-consultants, if applicable), and its interest in performing the required professional services. 4. The name, address, phone and e-mail address of the designated contact for the Consultant (prime consultant). 5. Signature of a duly authorized official of the Consultant or other person fully authorized to act on behalf the Consultant or team. Expertise: 1. Demonstrate a strong background in creating/updating Master Plans and Impact Fees including projects that were completed within budget. 2. Share information related to creating/updating specifically Master Plans and Recreation Impact Fees 3. The ability to foresee and address potential issues and concerns. 4. The ability to work effectively with town staff. 5. Project layout Team Organization: 1. Identify the project lead staff person and that person’s qualifications 2. Brief description of organization and other key team members involved with this project including members who have worked on similar projects 3. Identify location of all members working on this project including current contact information for each member. 4. Affirm technological capabilities in Geographic Information System (GIS), Computer- Aided Design (CAD), Adobe InDesign, and any other relevant systems for design and mapping that will be utilized. Project Approach: 1. Provide a succinct description of the process and products that would be delivered based on the Scope of Work section of this RFQ. 2. Outline the proposed method to complete the required deliverables. Offer any innovative approaches or context sensitive solutions to be used. TOWN OF WAKE FOREST REQUEST FOR QUALIFICATIONS 2023 T O W N O F W A K E F O R E S T Page 10 3. Outline approach to ensuring accurate coordination during all phases of project development. 4. Timeline for completion Project schedule and budget 1. Submit a schedule with itemized tasks, for completing the scope of work. Include the following cost categories in tabular format. a. Labor costs by: i. Individual (name) ii. Estimated hours by task iii. Hourly rate and total cost b. Overhead. Show as a percentage of labor cost. c. Other direct costs. Itemization that may include but are not limited to: i. Transportation ii. Lodging and meal per diem iii. Printing iv. Communication v. Stakeholder Meeting Facilitation vi. General Administration Costs d. Total project budget. Legal History: • Include a history of litigation and disputes including any pending litigation, arbitration, and disputes. Include results of past litigation, disputes, and arbitration. **The Town will negotiate the final schedule and budget with the selected firm based on funding available for the project. Carry out client review and coordination as follows: • Attend a kick-off meeting with Town staff at the outset of the planning process. • Provide a file sharing service. • Develop a timeline for project, identifying public input opportunities, with options for both in person and remote/online opportunities and maintain the timeline throughout project • Meet with Town staff to review draft documents to ensure that the project is consistent with the scope of services. • Correspond weekly (as needed) via standing teleconference with the Parks staff to summarize activities, progress and obstacles. TOWN OF WAKE FOREST REQUEST FOR QUALIFICATIONS 2023 T O W N O F W A K E F O R E S T Page 11 • Meet with Parks staff prior to scheduled public input opportunities (whether in-person or remote) and public hearings or meetings to go over a facilitation plan and materials. • Provide quarterly briefings to Parks staff via e-mail with summaries of activities, progress and obstacles. Each of these tasks generally outline the work but it shall be the responsibility of each consultant responding to the RFQ to specifically identify the tasks, sub-tasks, outreach activities, hearings, and presentations- including a timetable to perform the completed work. Consultants should feel free to suggest amendments to the scope which they feel would be of benefit to the Town. V. Submittal Process Details Qualifications & Submission Requirements • A selection committee will evaluate the submittals and may elect to select the most qualified Consultant and/or Consultant team based on the responses as submitted or elect to conduct interviews with multiple agencies prior to recommending a consultant. Proposal package shall be submitted on 8 1⁄2” x 11” paper, side bound with Table of Contents and reference tabs for key sections. The package submitted shall not exceed ten (20) pages double-sided (front/back covers, Table of Contents, and tab pages are excluded from these totals). The proposal package must include a Cover Letter identifying all firms proposed for the team. Proposals must be clear, succinct and exclude any addendum attachments. Only complete submittals will be considered for evaluation. All proposals and attachments will become part of the public record. The proposal should also be submitted on a USB drive. Proposals may be opened by The Town of Wake Forest at any time after the submission deadline. All proposals satisfying the requirements of this RFQ will be evaluated to establish which best fulfills the needs of The Town of Wake Forest. The Town of Wake Forest anticipates entering into a contract with one of the firms submitting an RFQ to execute the proposed work. This RFQ, however, does not commit the Town of Wake Forest to award a contract, or pay any cost incurred in the preparation of the proposals. The Town of Wake Forest reserves the right to accept or reject any and all proposals received as a result of this request, to negotiate with all qualified firms or to cancel this RFQ, if it is in the best interest of The Town of Wake Forest to do so. TOWN OF WAKE FOREST REQUEST FOR QUALIFICATIONS 2023 T O W N O F W A K E F O R E S T Page 12 The deadline for agencies submitting proposals is 2:00 p.m. on Monday, February 13, 2023. No submissions or supporting documents will be accepted after this deadline. Questions related to the RFQ process may be emailed to Randy Driver – rdriver@wakeforestnc.gov. Questions related to the project specifics may be emailed to the Project Manager, Ruben Wall - rwall@wakeforestnc.gov. Submittal packages may be mailed to the address below (no hand delivery will be accepted): Submittal packages should be enclosed in a sealed envelope marked REQUEST FOR QUALIFICATIONS # 22-0003 – TOWN OF WAKE FOREST PARKS, RECREATION, AND CULTURAL RESOURCES MASTER PLAN UPDATE AND IMPACT FEE STUDY. All proposal packages and materials submitted hereunder become the exclusive property of the Town of Wake Forest. Submittal Mailing Address Town of Wake Forest Attn: Randy Driver, Purchasing Manager 234 Friendship Chapel Road Wake Forest, NC 27587 VI. Qualifications Consultant description Describe your firm’s area of expertise, type of organization, length of time in business, number of employees, and other information that would be helpful in characterizing your firm. Identify certified Minority Business Enterprises (MBE) or Women Business Enterprises (WBE) firms, if any. Exclusions & Additional Services If the Consultant would like to exclude or add to Tasks outline in the Scope of Work, it must be included in proposal. Provide specific details and the reasoning behind the exclusion or additional services such as assisting with implementation. Work samples Provide digital copies of two example work products that most closely match the product desired in this RFQ (weblinks are preferred). The example work products should be from the last five (5) years. Examples should include degree of involvement, staff involved, challenges and solutions. Project Schedule Provide a detailed process for the completion of the Master Plan Update and Impact Fee Study. The Town wishes to have this project completed by May 31, 2024. References Three references including client name, address, contact person, telephone number, email, project start and end date as well as a project description. References should be for similar or related projects on which key staff that are proposed for this project have worked. Forms Include a completed W-9 form and completed New Vendor Forms with the proposal. mailto:rdriver@wakeforestnc.gov mailto:rwall@wakeforestnc.gov https://www.cognitoforms.com/TownOfWakeForestNC1/NewVendorSetupForm TOWN OF WAKE FOREST REQUEST FOR QUALIFICATIONS 2023 T O W N O F W A K E F O R E S T Page 13 VII. Selection Process This RFQ provides information necessary to prepare and submit qualifications for consideration and ranking by the Town. It is the intent of the Town to appoint a selection committee to review the submitted Request for Qualifications submissions. This committee will review each proposal and rank the submittal based on the criteria requirements specified within this RFQ. The Town may invite agencies for interviews, but this is not a required step in the selection process. At the conclusion of the interviews (if held), the selection committee will rank the agencies based on the selection criteria and the interviews. The Town will provide written notification to all agencies regarding final selection. Upon completion of the selection process, the highest ranked Consultant will be asked to finalize their fee proposal to finalize contract negotiations. By responding to this RFQ, respondent accepts the evaluation process as outlined in the following section, acknowledges, and accepts that determination of the “most qualified” Consultant may require subjective judgments by the Town. Award and Contract: After the selection of a firm has been established there will be a period of negotiation between The Town of Wake Forest and the selected firm to finalize scope of work and to determine a fee that is agreeable to both parties. Once an agreeable fee has been established and the firm has been notified, it will have 10 business days to execute a contract and produce any requested documentation. VIII. Evaluation Criteria 1. Qualifications (15%) Consultants will be evaluated on the basis of experience in performing similar projects. References will be used to assist in this evaluation. 2. Project Approach and Understanding (35%) Applicants should describe how they will manage and provide services listed in the Scope of Work. Please be specific. If applicable, use flow charts and/or work plans to show that you are capable of managing all facets of the Program, to include multiple projects, simultaneously. 3. Project Schedule and Budget (25%) The Consultant will be evaluated on the project schedule and budget outlined in the proposal. 4. Personnel and Quality of Work (25%) Consultants will be evaluated on the personnel assigned to the project. Specific attention will be placed on personnel what have similar project experience. Consultants will also be judged on the apparent quality of the work. General Comments 1. Any cost incurred by respondents in preparing or submitting a Request for Proposal for the Town of Wake Forest Parks, Recreation and Cultural Resources Master Plan Update and Impact Fee Study shall be the Proposer’s sole responsibility. TOWN OF WAKE FOREST REQUEST FOR QUALIFICATIONS 2023 T O W N O F W A K E F O R E S T Page 14 APPENDIX A Miscellaneous Terms and Conditions I. General Contract Terms and Conditions • The selected firm will report directly to the Town of Wake Forest. The selected firm is to administer the contract and to ensure that all work is performed in accordance with the contract requirements. The selected firm will be responsible for providing engineers, technicians, and sub-consultants with the appropriate skills and qualifications to ensure contract compliance. The firm will be directly responsible for oversight of the project for the Town. • The selected firm will be notified by the Town and will enter contract negotiations for receiving this work. A professional services agreement will be negotiated with the selected contractor based on the proposed scope of work outlined in their proposal. II. Communication: All communication of any nature with respect to this RFQ shall be addressed to the staff identified earlier in this RFQ. The prospective firms and their staffs are prohibited from communicating with elected Town officials, Town staff, and any selection committee member regarding this RFQ or submittals from the time the RFQ was released until the selection results are publicly announced. Violation of this provision many lead to disqualification of the firm’s proposal for consideration. III. Conflict of Interest Statement: By submission of a response, the firm agrees that at the time of submittal, it: (1) has no interest (including financial benefit, commission, finder’s fee, or any other remuneration) and shall not acquire any interest, either direct or indirect, that would conflict in any manner or degree with the performance of firm’s services, and (2) will not benefit from an award resulting in a “Conflict of Interest.” A “Conflict of Interest” shall include holding or retaining membership, or employment, on a board, elected office, department, division or bureau, or committee sanctioned by and/or governed by the Town. Firms shall identify any interests, and the individuals involved, on separate paper with the response and shall understand that the Town, in consultation with legal counsel, may reject their proposal. IV. Changes in Personnel: Changes to personnel on project team(s), particularly a project manager, are to be avoided wherever possible. The selected firm must request in writing to the Town for all changes to project team members. The Town will consider requests and may accept the new personnel changes, or may deny the request and consequently, the selected firm may no longer be considered for Planning and Design Services with the Town. TOWN OF WAKE FOREST REQUEST FOR QUALIFICATIONS 2023 T O W N O F W A K E F O R E S T Page 15 V. Trade Secrets and Public Records: Records received by the Town in response to the Request for Qualifications are public records and subject to public inspection and copying. The Public Records law (N.C.G.S. 132-1 et seq.) authorizes the Town to withhold from public inspection and copying legitimate and properly marked ‘trade secrets’. Note that to protect a ‘trade secret’ detail requirements must be met, such as: • It is a "trade secret" as defined in G.S. 66-152(3); and • It is the property of a private "person" as defined in G.S. 66-152(2); and • It is disclosed or furnished to the Town in connection with a bid or proposal; and • It is marked as "confidential" or as a "trade secret" at the time of its initial disclosure to the Town. VI. Submittal Ownership/Costs: All responses, inquiries or correspondence relating to this Request for Qualifications will become property of the Town of Wake Forest when received. Drawings, tracings, specifications, reports, models, computer discs, renderings, copyrights, and all other documents to be prepared and furnished by the firm pursuant to specific projects undertaken by the successful proposer, are the sole property of the Town of Wake Forest, whether the project for which they are made is executed or not, and may be used by the Town of Wake Forest as they see fit. If such documents are used on another project or for another purpose by the Town of Wake Forest, the firm shall not be responsible for such use, and shall not receive additional compensation. All costs for development of the written submittal and the oral presentation are entirely the obligation of the firm and shall not be remunerated in any manner by the Town of Wake Forest. VII. Non-Warranty of Request for Qualifications: Due care and diligence has been used in preparing this RFQ. However, the Town shall not be responsible for any error or omission in this RFQ, nor for the failure on the part of the Firms to ensure that they have all information necessary to effect their submittals. VIII. Acceptance/Rejection of Submittals: The Town of Wake Forest reserves the right to accept or reject any or all submittals in whole or in part, with or without cause; to waive technicalities; or to accept submittals or portions thereof which, in the Town’s judgment, best serve the interest of the Town. IX. Equal Opportunity: The selected firm will ensure that employees and applicants for employment are not unfairly discriminated against because of their race, color, religion, sex, national origin, disability or veteran status. X. Americans with Disabilities Act (ADA) Compliance: The Town of Wake Forest will comply with the Americans with Disabilities Act (ADA) which prohibits discrimination on the basis of a disability. The Town of Wake Forest will make reasonable TOWN OF WAKE FOREST REQUEST FOR QUALIFICATIONS 2023 T O W N O F W A K E F O R E S T Page 16 accommodations in all programs to enable participation by an individual with a disability who meets essential eligibility requirements. Town of Wake Forest programs will be available in the most integrated setting for each individual. If any accommodations are necessary for participation in any program or services, participants are encouraged to notify Town staff. XI. Minority/Women/Small Business Enterprise: It shall be the practice of the Town of Wake Forest Government to provide minority-owned, women- owned, and small business enterprises (collectively “M/W/SBE) as well as other responsible vendors with fair and reasonable opportunity to participate in Town of Wake Forest’s business opportunities including but not limited to employment, construction development projects, and material/services, consistent with the laws of the State of North Carolina. The policy of the Town of Wake Forest prohibits discrimination against any person or business in pursuit of these opportunities on the basis of race, color, national origin, religion, sex, age, disability, or veteran’s status. It is further the policy of the Town of Wake Forest to conduct its contracting and procurement programs so as to prevent such discrimination and to resolve any and all claims of such discrimination. XII. Title VI: The selected firm, during the performance of a contract for itself, its assignees and successors in interest (hereinafter referred to as the “contractor”) agrees as follows: (1) Compliance with Regulations: The contractor shall comply with the Regulation relative to nondiscrimination in Federally-assisted programs of the Town of Wake Forest (hereinafter, "Town") Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. (2) Nondiscrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, national origin, sex, religion, age, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by section 21.5 of the Regulations, including employment practices when a contract covers a program set forth in Appendix B of the Regulations. (3) Solicitations for Subcontractors, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under a contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. (4) Information and Reports: The contractor shall provide all information and reports required by the Regulations or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the TOWN OF WAKE FOREST REQUEST FOR QUALIFICATIONS 2023 T O W N O F W A K E F O R E S T Page 17 Town to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information the contractor shall so certify to the Town as appropriate and shall set forth what efforts it has made to obtain the information. (5) Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of a contract, the Town shall impose such contract sanctions as it or the Town may determine to be appropriate, including, but not limited to: (a) withholding of payments to the contractor under a contract until the contractor complies, and/or (b) cancellation, termination, or suspension of a contract, in whole or in part. (6) Incorporation of Provisions: The contractor shall include the provisions of paragraphs (1) through (6) in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the Town may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that, in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the Town to enter into such litigation to protect the interests of the Town, and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States. XIII. Financial Capacity: The selected firm must have financial capacity to undertake the work and assume associated liability. XIV. Familiarity and Compliance with Laws, Regulations, and Ordinances: The selected firm shall make itself aware of and comply with and shall cause each of its subcontractors to comply with, all applicable federal, state, and local laws and regulations. XV. Insurance and Indemnity Requirements: To the extent permitted by law, the selected firm agrees to defend, pay on behalf of, indemnify, and hold-harmless the Town of Wake Forest, its elected and appointed officials, employees, agents, and volunteers against any and all claims, demands, fault, actual liabilities, assertions of liability, expenses, suits, or losses, including all costs connected therewith, which may be asserted, claimed, or recovered against or from the Town of Wake Forest, its elected or appointed officials, employees, agents, and volunteers by reason of personal injury, including bodily injury or death and/or property damage, including loss of use thereof resulting from the negligence of the firm. The selected firm further agrees to purchase and maintain during the life of any contracts entered into with the Town the following insurance with an insurance company acceptable to the Town of Wake Forest and authorized to do business in the State of North Carolina: TOWN OF WAKE FOREST REQUEST FOR QUALIFICATIONS 2023 T O W N O F W A K E F O R E S T Page 18 • Automobile: Bodily injury and property damage liability covering all owned, non-owned, and hired automobiles for limits of not less than $1,000,000 each person/$1,000,000 each occurrence. • Comprehensive General Liability: Bodily injury and property damage liability insurance shall protect the firm from claim of bodily injury or property damage which arises from operations of a contract. The amounts of such insurance shall not be less than $1,000,000 bodily injury and property damage liability each occurrence/aggregate. This insurance shall include coverage for product/completed operations and contractual liability assumed under the indemnity provision of a contract. The Town of Wake Forest shall be listed as an “Additional Insured”. • Firm’s Professional Liability: In a limit of not less than $1,000,000. • Workers’ Compensation and Occupational Disease Insurance: 1. Coverage A – Worker’s Compensation: Meeting the statutory requirements of the State of North Carolina. 2. Coverage B – Employer’s Liability: $1,000,000 each accident / $1,000,000 disease – each employee / $1,000,000 disease – policy limits. Certificates of such insurance with the Town of Wake Forest listed as Certificate Holder will be furnished to the Town of Wake Forest Purchasing Manager and shall contain the provision that the Town of Wake Forest be given thirty (30) days written notice of any intent to amend or terminate by either the firm or the insuring company. Randy Driver, Purchasing Manager rdriver@wakeforestnc.gov 919.435.9474 Town of Wake Forest 234 Friendship Chapel Road Wake Forest, NC 27587 XVI. Vendor Registration: The selected firm must be registered with the Town to receive payment for services and/or supplies provided under any Town contract. XVII. E-Verify: The selected firm shall comply with requirements of Article 2 of Chapter 64 of North Carolina General Statutes and shall require each of its subcontractors to do so as well. TOWN OF WAKE FOREST REQUEST FOR QUALIFICATIONS 2023 T O W N O F W A K E F O R E S T Page 19 XVIII. Iran Divestment Act: The selected firm shall certify that; (i) it is not identified on the Final Divestment List or any other list of prohibited investments created by the NC State Treasurer pursuant to N.C.G.S. 143-6A-4; (ii) it will not take any action causing it to appear on any such list during the term of a contract, and (iii) it will not utilize any subcontractor to provide goods or services hereunder that is identified on any list. XIX. Divestment from Companies that Boycott Israel: The selected firm shall certify that; (i) it is not identified on the Final Divestment List or any other list of prohibited investments created by the NC State Treasurer pursuant to N.C.G.S. 143-6A-4; (ii) it will not take any action causing it to appear on any such list during the term of a contract, and (iii) it will not utilize any subcontractor to provide goods or services hereunder that is identified on any list. XX. Notifications Addenda Notice: It is the respondent’s responsibility to ensure that all addenda have been received. Please visit https://www.wakeforestnc.gov/finance/purchasing-warehouse/bids-announcements for the most current information. XXI. Standard Terms and Conditions The Town of Wake Forest’s Standard Terms and Conditions listed at: https://www.wakeforestnc.gov/sites/default/files/uploads/residents/finance/8-26- 22_towf_standard_terms_and_conditions.pdf will govern all matters related to the goods and/or services provided by you or your company (the “Vendor”) to the Town of Wake Forest (the “Town”) under a Town purchase order. Additional Terms and Conditions stated on the face of a Town purchase order shall take precedence over any conflicting Standard Terms and Conditions stated. Any Terms and Conditions not stated, but incorporated by reference therein, shall be binding only if provided or signed by the Town and attached hereto. In the event that a binding written contract signed by both the Vendor and the Town exists, the Terms and Conditions of that contract shall supersede any conflicting Standard Terms and Conditions. https://www.wakeforestnc.gov/finance/purchasing-warehouse/bids-announcements https://www.wakeforestnc.gov/sites/default/files/uploads/residents/finance/8-26-22_towf_standard_terms_and_conditions.pdf https://www.wakeforestnc.gov/sites/default/files/uploads/residents/finance/8-26-22_towf_standard_terms_and_conditions.pdf