Law Approval: KJ Date: 5/1/14 Risk Management: JB_Date: 5/1/14

TOWN OF BROOKHAVEN, NEW YORK

REQUEST FOR PROPOSALS

RFP 14 10

The Division of Purchasing on Behalf of the Department of Parks, Recreation,

and Sports and Cultural Resources is Issuing a Request for Proposals for Architectural/Engineering Services and Construction

Administration/Monitoring Services for the Medford Community Center

TOWN OF BROOKHAVEN Department of General Services

Division of Purchasing One Independence Hill

Farmingville, NY 11738 (631) 451-6252

RFP SCHEDULE

• RFP Issued: May 1, 2014 • Technical Questions Due By: May 8, 2014 by 3:30 PM

o Must be in writing: email to kkoppenhoefer@brookhaven.org • Proposal Due Date: May 30, 2014

o Division of Purchasing Office at Town Hall

LATE PROPOSALS WILL BE REJECTED

Table of Contents

PAGE I. INTRODUCTION

A. Purpose 3 B. Background 3 II. SCHEDULE AND SUBMITTAL

A. RFP Schedule 4 B. Questions 4 C. Proposal Submittal 4

III. GENERAL INSTRUCTIONS

A. Town Contact Person 5 B. Oral Communications 5 C. Changes to RFP 5 D. Joint Offers / Sub consultants 5 E. Exceptions / Deviations 5 F. Pre-contractual Expenses 6 G. Town’s Rights and Options 6 H. Withdrawal: Proposal Irrevocable 6 I. Disposition of Proposals 7 J. Standard Agreement 7 K. Term of Contract 7 L. Media Statements and News Releases 7

IV. PROPOSAL FORMAT AND CONTENT

A. General 8 B. Cover Letter 8 C. Table of Contents 8 D. Qualifications: Related Experience & References 8 E. Staffing and Project Organization 9 F. Work Plan/Technical Services 9 G. Cost Proposal 9 H. Financial Qualifications 10 I. Appendices 10 J. Additional Requirements 10

V. PROPOSAL EVALUATION AND CONTRACT AWARD A. General 11

B. Evaluation Procedures 11 C. Evaluation Criteria 11-12

EXHIBIT A Scope of Work 14-18 EXHIBIT B Insurance Requirements 19 EXHIBIT C Forms Related to Additional Requirements 20-27 AFFIDAVITS of Compliance Regarding NYS Labor Law 28-31 2

I. INTRODUCTION A. PURPOSE The Town of Brookhaven is soliciting proposals from qualified Proposers to provide architectural/engineering services, construction administration and monitoring services relative to the construction of a new Medford Community Center. Upon completion of the RFP process, the award will be made to the Proposer that best meets the needs of the Town.

The proposed solution must meet the requirements established by the Town as described on the following pages. If a Vendor wishes to submit an alternate proposal, the review of such a proposal is at the Town’s discretion.

B. BACKGROUND The Town has tentatively identified the location of the 8,000 to 10,000 square foot building to be located at the Medford Athletic Complex on Horseblock Road. This site has multiple ball fields that are used for baseball, football and soccer; additional amenities include an existing swing set area, state of the art playground, future restroom facility and future shade shelter. The ideal use of the Community Center should be one that will add programming and services that are compatible and complimentary to the Medford Athletic Complex and will serve as a neighborhood resource. The building will be used as a civic meeting facility in support of such public purpose organizations that can enrich the lives of the residents both physically and intellectually. The Town is requesting proposals from qualified architectural and engineering firms to prepare construction drawings needed to construct the building. The RFP will also include construction administration and monitoring services during the construction phase. The Community Center will be administered by the Town of Brookhaven Department of Parks, Recreation, Sports and Cultural Resources. The Town expects the construction project to be completed before August 2015. The Town of Brookhaven expects the successful Proposer to complete design bid specifications within four (4) months of an executed professional services requisition (PSR). The bid package shall include any and all permits needed to construct the building and to obtain a Certificate of Occupancy from the Town of Brookhaven While the Town remains open-minded with respect to the design of the facility, it is particularly interested in features including but not limited to; Design & Engineering utilizing “best practices” in sustainability and energy efficiencies. If

possible, the Town of Brookhaven’s strong preference is for the Community Center to be certified at a minimum level under the Leadership in Energy & Environmental Design (LEED) with the Green Building Rating System

The design of the building should contemplate future expansion. State of the art ventilation systems. Humidity control Approximately 5,500 to 6,000 square foot open area recreation room (gymnasium). The specific

type of floor surface would be determined by the Town. Approximately 3,000 to 4,000 square foot finished space for reception & office space, a meeting

room, bathrooms and computer lab. Public accessibility (Complete building and site must conform to ADA requirements.)

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Inviting vestibule and front lobby area. Appropriate staff and public rest rooms as per the New York State Plumbing Code. Site Layout – Parking, Drainage and complete ADA accessibility. All design shall be in strict accordance with the New York State Building Code, New York State

Plumbing Code, New York State Fire Code, National Electric Code, current ADA Regulations, Town of Brookhaven Code, Suffolk County Department of Health Services Standards, New York State Department of Environmental Conservation’s Stormwater Runoff Management Manual

The Proposer shall be responsible to obtain all approvals from the Suffolk County Department of Health Services for a conventional below grade sanitary system. A large sanitary system shall be installed for the athletic complex by the Summer of 2014 and a sanitary system for an animal shelter was issued by the SCDHS where the Community Center is scheduled to be constructed. The future Animal Shelter will no longer be constructed at this site. The Proposer shall be responsible to coordinate the new intended use of the facility with the Health Department staff.

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II. SCHEDULE AND SUBMITTAL A. RFP SCHEDULE

As stated on Page One B. QUESTIONS 1. Administrative questions (e.g. procedural questions on how to respond to this RFP) may be asked

either by telephone or in writing (email preferred) to the person identified in Section 3, Item A. 2. Technical Questions MUST be submitted in writing (email preferred) to the person identified in

Section 3, Item A. 3. The Town of Brookhaven shall not be obligated to answer any questions received after the

specified deadline. C. PROPOSAL SUBMITTAL

1. General

a. Delivery of proposals by the specified deadline is the sole responsibility of the Proposer. Any proposal received after this date and time shall not be considered. The Town of Brookhaven shall not be responsible for, nor accept as a valid excuse for late proposal receipt, any delay in mail service or other method of delivery used by the Proposer, except where it can be established that the Town of Brookhaven was the sole cause of the late receipt.

2. Method of Submittal - Physical Delivery

a. The proposal must be submitted:

i. To the Division of Purchasing: Contact as noted in Section III A

ii. In a SEALED Package: the outside of the package (s) being clearly marked with:

1. Proposer’s Company Name & Address 2. RFP Number 3. RFP Title 4. Proposal Due Date

3. Proposal submission format and copies: a. Proposal (General & Technical) Hard Copy: one (1) original plus four (4)

copies: DO NOT INCLUDE COST PROPOSAL b. Cost Proposals: Separate Hard Copy: one (1) original plus four (4) copies in

a SINGLE SEPARATE SEALED ENVELOPE c. CD

i. One (1) which includes the complete proposal: 1. General 2. Technical 3. Cost

ii. Four (4) which include: 1. General and Technical ONLY

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III. GENERAL INSTRUCTIONS A. TOWN CONTACT PERSONS Kathleen C. Koppenhoefer, Deputy Commissioner Department of General Services One Independence Hill Farmingville, New York 11738 (631) 451 6252 kkoppenhoefer@brookhaven.org B. ORAL COMMUNICATIONS Any oral communications by the Town’s Contact Person(s) or designee concerning this RFP are not binding and shall in no way modify the RFP or the obligations of the Town, Proposer or Consultant. Any technical questions regarding this RFP must be in writing and directed to the Contact Person. A response will be issued in writing and will be given to all Proposers in the form of an addendum. C. CHANGES TO RFP If it is necessary to make material changes to the RFP, the Town will notify all those who have registered and downloaded the RFP from the Town of Brookhaven website that an addendum has been posted to the website and is available for viewing and downloading. It shall be the responsibility of the Proposer to inquire as to any addendum issued. The Proposer may call the Director of Purchasing at (631) 451-6252 prior to the proposal-submittal deadline. All addenda issued shall become part of the RFP. In addition, responses to written questions received by the specified deadline will be incorporated in an RFP addendum. D. JOINT OFFERS / SUB-CONSULTANTS Where two or more Proposers desire to submit a single proposal in response to this RFP, the submission should be on a consultant/sub-consultant basis rather than as a joint venture. For this engagement, the Town of Brookhaven intends to contract with an individual firm and not with multiple firms doing business as a joint venture. If a sub-consultant is to be used, that fact must be disclosed in the proposal, together with the name of each sub-consultant and its duties in relation to the scope of work. The sub-consultant shall be subject to the same contract requirements as the Proposer. E. EXCEPTIONS / DEVIATIONS Any exceptions to or deviations from the requirements set forth in this RFP must be declared in the proposal submitted by the Proposer. Such exceptions or deviations must be segregated as a separate element of the proposal under the heading "Exceptions and Deviations." The Town may waive any immaterial deviation or defect in a proposal. The Town’s waiver shall in no manner modify the RFP documents or excuse the Proposer from full compliance with the RFP requirements if awarded the contract. F. PRE-CONTRACTUAL EXPENSES All Proposals prepared in response to this RFP are at the sole expense of the Proposer, and with the express understanding that there will be no claim, whatsoever for reimbursement from the Town for the expenses of preparation. The Town shall not be liable for any expenses incurred by the Proposer prior to the date of award and commencement of contract services.

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G. TOWN’S RIGHTS AND OPTIONS

This RFP constitutes only an invitation to make a proposal to the Town. Issuance of this RFP and receipt of proposals does not commit the Town to award a contract. The Town reserves, holds and may in its sole discretion exercise, the following rights and options with respect to this RFP: 1. To select and enter into a contract with the Proposer whose proposal best meets the needs of the

Town and is most responsive to the RFP;

2. To amend or cancel all or part of this RFP.

3. To reject any or all of the proposals, or any part thereof, submitted in response to this RFP, and to waive formalities, if such action is deemed to be in the best interest of the Town;

4. To request additional information from any Proposer;

5. To award negotiated contracts to one or more Proposers; 6. To issue additional subsequent solicitations for Proposals; 7. To conduct investigations with respect to the qualifications of each Proposer;

8. To negotiate with Proposers for amendments or other modifications to their Proposals; and 9. To interview selected Proposers and request presentations. H. WITHDRAWAL; PROPOSAL IRREVOCABLE A Proposer may withdraw its proposal at any time prior to the submittal deadline by sending the Town a request in writing from the authorized person who signed the submitted proposal. As of the deadline for submittal, any proposal received by the Town and not withdrawn becomes an irrevocable offer available for acceptance by the Town immediately and for one hundred and twenty (120) days thereafter. The Town reserves the right to extend its time for acceptance of the proposal for an additional thirty (30) days. The Proposer is responsible for the accuracy of the proposal submitted, and no allowance will be made for errors or price increases that the Proposer later alleges are retroactively applicable. I. DISPOSITION OF PROPOSALS All materials submitted in response to this RFP become the property of the Town and become public records after the award of contract, except for information not subject to disclosure pursuant to New York State Public Officers Law, Article 6. During the evaluation process, the content of each proposal will be held in confidence and details of any proposal will not be revealed (except as may be required under the Freedom of Information Law or other State law). The Freedom of Information Law provides for an exemption from disclosure for trade secrets or information the disclosure of which would cause injury to the competitive position of commercial enterprises. This exception would be effective both during and after the evaluation process. SHOULD THE FIRM’S PROPOSAL CONTAIN ANY SUCH TRADE SECRETS OR OTHER CONFIDENTIAL OR PROPRIETARY INFORMATION, A REQUEST TO EXEMPT SUCH INFORMATION FROM DISCLOSURE MUST BE SUBMITTED. SUCH REQUEST MUST BE IN WRITING, MUST STATE THE REASONS WHY THE INFORMATION SHOULD BE EXEMPT FROM DISCLOSURE AND MUST BE PROVIDED AT THE TIME OF SUBMISSION OF THE SUBJECT INFORMATION. REQUESTS FOR EXEMPTION OF THE ENTIRE CONTENTS OF A PROPOSAL FROM DISCLOSURE HAVE GENERALLY NOT BEEN FOUND TO BE MERITORIOUS AND ARE 7

DISCOURAGED. KINDLY LIMIT ANY REQUESTS FOR EXEMPTION OF INFORMATION FROM DISCLOSURE TO BONA FIDE TRADE SECRETS OR SPECIFIC INFORMATION, THE DISCLOSURE OF WHICH WOULD CAUSE A SUBSTANTIAL INJURY TO THE COMPETITIVE POSITION OF THE FIRM. J. STANDARD AGREEMENT The Proposer selected for contract award through this RFP shall be required to enter into a written agreement with the Town, upon such terms and conditions as required by the Town Attorney’s Office. The Proposer shall provide all necessary insurance certificates to the Town prior to the commencement of the Agreement and the Town shall be named as an additional insured, as set forth in the Insurance Requirements, Section 6. The Proposer shall comply with all applicable laws, rules and regulations. The Agreement entered into is non-assignable without the prior written consent of the Town. K. TERM OF CONTRACT The contract term shall commence upon the execution of the contract by both parties and shall be for two years. The requesting department at its discretion may extend the contract for an additional three (3) one year options. The Town anticipates the services for the Project to be commenced on or about xx. L. MEDIA STATEMENTS AND NEWS RELEASES News releases pertaining to any award resulting from this RFP may not be issued without the prior written approval of the Town. Proposer agrees that no brochure, news/media/press release, public announcement, memorandum or other information of any kind regarding the proposed contract shall be disseminated in any way to the public, nor shall any presentation be given regarding the proposed contract without prior written approval from the Town, which written approval shall not be unreasonably withheld.

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IV. PROPOSAL FORMAT AND CONTENT A. GENERAL Proposals (hard copies) are to be submitted:

1. On 8 ½ x 11 paper (letter size) 2. Typed 3. Bound with a simple method of fastening; placement in 3 ring binder is preferred. 4. Submissions should be brief and concise and not include extraneous or unnecessarily elaborate

promotional material. 5. Proposers should use the following outline in organizing the proposal.

B. COVER LETTER The letter of transmittal shall, at a minimum, contain the following: 1. Identification of the Proposer, including business name, address, phone & fax numbers; 2. Name, title, address, telephone number, fax number, and e-mail address of a contact person during the

period of proposal evaluation; 3. A statement that the proposal shall remain valid for a period as stated in the RFP; and 4. Signature of a person authorized to bind the offering firm to the terms of the proposal. C. TABLE OF CONTENTS Immediately following the introduction and cover letter, insert a complete table of contents for material included in the proposal, including page numbers. D. QUALIFICATIONS, RELATED EXPERIENCE AND REFERENCES

1. Overview: This section should establish the ability of the Proposer (and its sub-consultants, if any) to satisfactorily perform the required work by reasons of: demonstrated competence in the services to be provided as set forth in Exhibit A; the nature and relevance of similar work currently being performed or recently completed; record of meeting schedules and deadlines of other clients; competitive advantages over other firms in the same industry; strength and stability as a business concern; and supportive client references. Information should be furnished for both the Proposer and any sub-consultants included in the proposal. Use Exhibit C as a guide to providing this information.

2. Furnish background information about the Proposer, including date of founding, legal form (i.e.,

sole proprietorship, partnership, LLC, corporation/state of incorporation), number and location of offices, principal lines of business, number of employees, days/hours of operation and other pertinent data.

3. Describe the Proposer’s most noteworthy qualifications for providing the required services to the

Town. Specifically highlight those qualifications that distinguish the Proposer from other firms.

4. Comprehensive list of New York Municipalities and other public agencies for which the Proposer has provided similar professional services that are demonstratively relevant to this project. See Exhibit C for guidance.

5. The Proposer shall be expected to list a minimum of five (5) similar projects completed for

municipalities situated in the New York Metropolitan Area that the Town of Brookhaven may contact as references. Describe the work performed and appropriate value of contract, and

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include the name, job title, address and telephone number of a contact person for each reference. See Exhibit C as a reference guide

6. List any and all contracts the Proposer was found to be in default or involved in litigation. List, any and all actions within the last ten years, which resulted in the revocation or suspension of the Proposer, any officer or director thereof, any affiliate or related company’s permit or license to do business.

E. STAFFING AND PROJECT ORGANIZATION 1. Overview: This section should discuss the staff of the proposing firm who would be assigned to work

on this engagement and their reporting relationships.

2. Identify the key personnel of the Proposer that would be assigned to this project. Include a brief description of qualifications, professional certifications, job functions and office location(s). Designate a Manager who would be ultimately responsible for the relationship and a Project Manager who would provide day-to-day direction of the required work. Furnish brief resumes for all key personnel; include the resumes as an appendix.

3. If more than two individuals will be assigned to the Town of Brookhaven project, include a simple

organization chart that clearly delineates communication and reporting relationships among the project staff.

F. WORK PLAN / TECHNICAL SERVICES 1. Overview: This section should establish that the Proposer understands the Town’s objectives and

requirements, demonstrate the Proposer’s ability to meet those requirements and outline clearly and concisely the plan for accomplishing the specified work as outlined in Exhibit A, Scope of Work and in accordance with the time schedule as set forth in paragraph below.

2. Describe succinctly how the Proposer would accomplish the work and satisfy the Town’s objectives

described in this RFP. If appropriate, divide the work into segments or tasks to represent milestones for measuring progress.

3. Describe the work products and other deliverables that would be provided the Town at the conclusion

of the engagement.

4. Describe what information, documents, staff assistance and facilities that may be required from the Town of Brookhaven to complete your work.

G. COST PROPOSAL 1. Overview: This section should disclose the cost of the professional services, the total cost and the

cost upon milestone completion of the Project.

2. For all persons or labor classifications assigned to this project, quote a daily rate that would be charged the Town for additional services outside the scope of work.

3. The Cost Proposal copies must be submitted in a separate sealed envelope, clearly marked on

the outside with the name and address of your firm, including the RFP # and project title.

4. Each Cost Proposal copy should be clearly marked with the name and address of your firm, including the RFP # and project title.

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H. FINANCIAL QUALIFICATIONS Each proposal must include the following financial information, as available:

1. If a corporation, partnership or limited liability company:

a. Audited financial reports for the last three (3) years, if available (Income Statement, Balance Sheet and Statement of Changes in Financial position).

b. Latest quarterly report and annual statement.

2. If a not-for-profit corporation:

a. Copies of IRS Form 990 and NYS Charities Form 500 (or equivalent), as filed, for the past three (3) years.

I. APPENDICES 1. Furnish as appendices those supporting documents (e.g., staff resumes) requested in the preceding

instructions.

2. Include any additional information deemed essential to a proper evaluation of the proposal and which is not solicited in any of the preceding sections. Proposers are cautioned, however, that this does not constitute an invitation to submit large amounts of extraneous material; appendices should be relevant and brief.

J. ADDITIONAL REQUIREMENTS

1. The Proposer shall be required to provide proof of insurance as required in Exhibit B. In

addition, all documents listed below must be completed and notarized as indicated on the respective documents. See Exhibit C

a. Proposer Qualifications b. Reference Facility Description c. Disclosure Statement d. Supplemental Disclosure e. Statement of Non-Collusion f. Town of Brookhaven Board of Ethics Transactional Disclosure g. Affidavit if Proposer is a Corporation

OR 2. Affidavit if Proposer is an Individual

a. Town of Brookhaven Employer, Contractor/Subcontractor, Affidavit of Compliance with Respect to the Hiring of Employees in Accordance with Federal Law (Town Code Chapter 7A)

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V. PROPOSAL EVALUATION AND CONTRACT AWARD A. GENERAL All proposals received in accordance with these RFP instructions will be evaluated to determine if the proposal is complete and meets the requirements specified in this RFP. An award will be made to the Proposer whose offer is determined to be the most advantageous to the Town. The Town expressly reserves the right to reject all proposals and make no award under this RFP. B. EVALUATION PROCEDURES 1. Process

All proposals will be reviewed, analyzed and evaluated in accordance with the criteria described below in Paragraph C. If needed, additional information may be requested from one or more Proposers. Interviews and contract negotiations may be conducted with one or more Proposers. The evaluators will then select a Proposer for award. Any selection and contract award is subject to the Town Board for review and resolution. 2. Request for Additional Information

The Town may require supplemental information in order to evaluate a Proposer’s offer. The Proposer will be notified if supplemental information is required, and be permitted a reasonable period of time to submit the information. C. EVALUATION CRITERIA

1. Proposals will be evaluated by the Town based on the following criteria.

a. Qualifications, experience, references b. Staffing, Project Organization c. Work Plan/Technical Services d. Cost Proposal e. Miscellaneous, including exceptions/deviations

Proposals will be reviewed and evaluated for completeness and responsiveness according to pre-determined standards and selection criteria. Proposals will be deemed responsive only if the Proposer responds to and meets all of the requirements of this RFP. Proposers may be invited for interviews to discuss project requirements and proposal elements in more detail should the selection committee request such. Additionally, the selection committee may request proposal presentations/demonstrations and/or other types of correspondence. The selection committee will evaluate each proposal using the following scoring criteria:

General Evaluation - 40 Points

1. Including but not limited to: a. Firm history

i. Age of Company ii. Principals

b. Qualifications, experience, references 12

c. Staffing, Project Organization d. Financials- failure to provide may result in disqualification

Technical Evaluation – 40 Points

1. Each response will be reviewed and evaluated based on criteria and priorities defined by the Town and detailed in this RFP. These criteria will include, but are not limited to, the following:

a. The ability of the solution to satisfy the functionality required.

b. Time constraints and deliverability of services.

c. Does the technical approach contain the required technical elements as defined in the RFP?

d. Is the technical approach complete, consistent and feasible?

e. The magnitude, scope and complexity of the services to be rendered.

f. Knowledge and experience with the Town of Brookhaven facilities.

g. The ability of the Proposer to provide system support and maintenance consistent with the requirements of the RFP as needed

h. Proposer’s ability to acquire the components in a timely fashion and their ability to meet warranty and maintenance schedules with regard to equipment replacement.

i. The use of subcontractors.

j. Special equipment or facilities relevant to the project.

Cost Evaluation – 20 Points

• The Ratio Method is used to determine the points awarded to each Proposer Oral Presentations

The Town reserves the right request presentations as needed.

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EXHIBIT A SCOPE OF WORK

1. Summary Statement of Work The Town of Brookhaven is requiring qualified firms to provide full and complete professional services, included but not limited to, the following phases; I. Initial Design Kickoff Meeting & Project Scoping Services

• Meet with Town and other Town approved organizations to obtain specific design

criteria for new community center and improvements to the site.

• Prepare SEQR documents (SEAF or LEAF) for the Town to issue a Determination of Significance. Town will assume Lead Agency on the review.

• Determine initial budget for project. The Proposer is to be responsible to design a

building within the established budget and to bring any additional costs to the immediate attention of the Town during the entire design phase. The Proposer should assume non-fixed furnishings are to be provided separately by the Town.

• Provide a Permitting Schedule (Matrix) identifying all permits that are applicable, the time needed to complete application/drawings for submission.

• Determine if the host site as determined by the Town has the ability to upgrade

utilities for the project.

• Identify any zoning issues for the proposed project based upon the host site for the building.

II. Schematic Design

• Prepare an initial floor plan and building elevations for the review and subsequent approval by the Town. The Proposer should be prepared to include provisions in their budget to modify the floor plan and building design a minimum of three (3) different occasions. Any meetings required under this task shall be included in the Proposer’s design budget.

• Prepare a conceptual site plan layout for the building and any site features needed

to support the new facility. Features include; parking, vegetated areas, walkways, slabs/aprons, landscaped areas, site utilities, sanitary system, fencing and exterior site lighting. Again, the Proposer should be prepared to include provisions in their budget to modify the site plan a minimum of three (3) different occasions. Any meetings required under this task shall be included in the Proposer’s design budget.

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• The Proposer shall include provisions in their design budget to prepare an updated topographic boundary survey of the site for any submissions to the Town, Suffolk County, utility companies and any other agency that would require an updated survey of the site.

• The Proposer will need to include provisions in their response to conduct soil

borings (both for groundwater profile and strength of soils) include any geotechnical analysis needed to support the building’s foundation design.

• Provide proposed materials for building (interior and exterior), light fixtures,

signage required and other specific elements of the project that require Town approval for consistency and style.

• Provide a preliminary construction cost estimate.

• Include provisions in the design budget to prepare presentation boards for a

formal meeting with the Town and approved organizations.

III. Design Development of Bid Documents & Construction Drawings

• The Proposer should provide any and all resources necessary to prepare a complete bid package for the purpose of procuring a contract between the Town of Brookhaven and four (4) prime contractors (Wicks Law applies - General Construction, Plumbing, Electrical and HVAC).

• At a minimum the bid package should include the following documents;

Town Boilerplate Documents New York State Department of Labor Wage Rate Schedule Itemized Proposal Forms Technical Specifications Storm Water Pollution Prevention Plan Appendices – Permits, Utility Plans and Other Supporting Documents

• At a minimum the bid package should include the following drawings;

Cover Sheet – Key Map, Location Map & Town of Brookhaven Info. Existing Conditions Plan – Updated Site Survey with Utilities Test Boring Plan Construction Implementation Plan (CIP) Demolition & Removals Plan – Clearing Limits, Modified Area at Site Erosion & Sediment Control Plan Site Plan Grading Plan Drainage Plan Civil Construction Details Lighting Plan Landscaping Plan Sanitary Drawings

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Utility Plans (Water, Electric and Gas Distribution Plans) Architectural Plans – Foundation Drawings, Floor plans, Building

Elevations, Building Sections, Details, Reflective Ceiling Plans, Framing Details, General Notes, Code Compliance Sheet and Roof Plans

Window, Door & Hardware Schedules Plumbing Drawings Electrical Drawings (includes photovoltaic system) HVAC Drawings Fire Alarm Drawings Fire Suppression System Drawings Surveillance System Plan (in accordance with Town-wide System)

Note: The Plans shall be prepared in a manner that defines all lines and

grades of construction needed to construct the building and its components.

• Progress Meetings – the Proposer shall include time to attend a minimum of three

(3) meetings with the Town – 40%, 75% and 100% Final Drawing stages. IV. Permitting

Based upon the above referenced construction drawings, the Proposer shall be responsible to include provisions to secure all approved/stamped drawings and/or permits from the following agencies;

Town of Brookhaven Planning Department – Site Plan & Tree Clearing Approval.

Town of Brookhaven Engineering Department – Drainage & SWPPP Town of Brookhaven Building Department – Building Permit Town of Brookhaven Division of Fire Prevention – Contractor’s Installer

to secure Fire Alarm & Sprinkler Drawing approvals. Suffolk County Department of Health Services Suffolk County Water Authority (if separate water main is required) SCWA Cross Connection Division PSEG LI Red-Line Drawings (if new electric service is required) NYSDEC SPDES Permit

Note: In addition to any of the above referenced permit approvals, the Proposer will be expected to obtain any and all permits/approvals required to construct the new community center. Any construction related approvals during construction and required to occupy the building shall be the responsibility of the Contractor. The Proposer shall be expected to assist and support the Contractor’s efforts in obtaining these approvals during the construction phase under Task VI.

V. Contract Procurement Activities – the Proposer shall perform all contract procurement

activities associated with the project including but not limited to the following;

• Cost Estimating – the Proposer shall be responsible to furnish the Department with a final construction cost estimate (100% Final Approved Plans) for the purpose of establishing a budget for the project. The cost estimates shall be prepared in a manner that separately

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identifies the various components of the building’s construction. Such as; mobilization & general conditions, demolition & removals, structural, building construction, flooring, roofing, siding, interior finishes, mechanical systems, plumbing (including sanitary), electrical systems (including fire alarm), doors, windows and any other building component.

• Address any questions by prospective bidders during the bid phase - issue any addendums required.

• Prepare a detailed bid breakdown (spreadsheet) which includes all bid proposals received with the engineer’s final construction cost estimate included in the analysis

• Evaluate bids for compliance to local and State bidding requirements

• Check references of the low apparent bidder and prepare a letter recommending award to the Department. The Town expects to have Bid Packages available for pick-up by the middle of September 2014 with a Bid Date of early October 2014. The Proposer is expected to perform bid evaluations for each contract and prepare a letter recommending award accompanied by a detailed bid breakdown for the October 25, 2014 Work Session so the contracts can be awarded at the last Town Board Meeting in October 2014 (10/30/14).

VI. Construction Administration Services – the Proposer shall provide construction administration services during the construction phase, minimum of 25 hours per week (estimated to be thirty-four (34) weeks November 10, 2014 to July 10, 2015) of the building construction project. Such services shall include but not be limited to the following;

• Pre-construction meeting (4 Primes) • Progress meetings (as necessary) • Submittal review • Prepare a binder containing all operating manuals and material specifications for

the Town of Brookhaven records. • Processing of payment applications • Coordination of inspection services (by Proposer) • Maintain all testing results (binder) as furnished by the Contractor during the

construction phase. • Assist in the inspections required by the Town (Building Department & Fire

Marshal’s Office) • Address any construction issues during project • Project closeout activities • Coordinate General Contractor’s efforts to obtain Certificate of Occupancy and

any other required regulatory approval needed to occupy the new building. • Coordinate & Review “As-Built” record drawings submitted by each contractor. • Prepare a Final As-Built Survey of the Site stamped by a licensed land surveyor

of New York State.

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VII. Construction Inspection Services

• The Proposer shall provide part-time construction inspection services (minimum of 25 hours per week) during the construction phase (estimated to be thirty-four weeks November 10, 2014 to July 10, 2015) of the building construction project.

• Prepare a Construction Photo Log. • Maintain daily inspection reports during the entire construction phase. • Coordinate and issue final construction inspection “punch-list”

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EXHIBIT B

INSURANCE REQUIREMENTS

The Consultant shall procure and maintain at its own cost and expense professional errors and omissions insurance and such public liability and other insurance as will protect the Town, its officers, employees and the people of the Town of Brookhaven from any claim or claims for damages to property and for bodily injury and personal injury, including death, which may arise from or relate to the terms and conditions of this agreement. Said policies or certificates of insurance shall be delivered to the Town with full premiums paid, and shall be subject to the approval of the Town Attorney for adequacy and form of protection. Said policies and certificates (other than the professional errors and omissions insurance) shall name the Town of Brookhaven, the Town Board, and its officers as additional insureds. The Consultant shall be held liable for the work and services provided by all subcontractors. The insurance provided shall include the following: 1. Comprehensive general liability: a) Per occurrence, $1,000,000.00; General aggregate - $2,000,000.00 b) Products completed, operations aggregate - $2,000,000 c) Personal and advertising injury - $2,000,000.00 d) Each occurrence - $1,000,000.00 e) Fire damage - $50,000.00 f) Medical expense (any one person) $5,000.00 The foregoing aggregate limits shall apply on a per project basis. 2. Automobile liability: a) Any auto coverage - $1,000,000.00 b) Hired autos - $1,000,000.00 c) Non-owned auto coverage - $1,000,000.00 3. Workers' Compensation Insurance and Employer Liability Liability (Statutory requirements) 4. Disability Benefits - Liability (Statutory requirements) 5. Professional Errors and Omissions Insurance coverage of not less than $1,000,000.00 per claim and $2,000,000.00 annual aggregate. The Town Insurance Manager may modify the insurance requirements, prior to the commencement of services, if the Engineer/Consultant can demonstrate that the scope of services to be performed does not warrant such coverage. The Town Attorney of the Town of Brookhaven shall be the stipulated recipient of said Certificate of Insurance. Insurance certificates shall be subject to the review and approval of the Town’s Insurance Manager. It shall be further stipulated thereon that the Town Attorney of the Town of Brookhaven shall be given at least thirty (30) days notice of cancellation of said coverage, which shall be remitted to the Town Attorney, One Independence Hill, Farmingville, New York 11738. In the event that Engineer/Consultant’s insurance covers the actions of its special consultants, those special consultants will not be required to meet the insurance requirements of this Agreement. 19

EXHIBIT C PROPOSER QUALIFICATIONS

Describe the principal and any secondary nature of your current business:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Indicate the length of time the firm has been in that business under your present name and identify all

other names under which you have done business:

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

List the names, addresses, and telephone numbers of municipalities, counties, special districts or cities or nonprofit organizations which have utilized the firm’s services. The purpose of this requirement is as stated in the Overview: to establish the ability of the Proposer (and its sub-contractors, if any) to satisfactorily perform the required work. Integral to that process is confirming that a proposer has performed/provided similar services to others; and the provision of client lists, references, and appropriate contact information, furnishes the Town with the necessary information to confirm and evaluate those services. Please note that the following submissions meet the intent of the overview. Please provide: i. Three client references with complete information as to work performed, time period and current contract data. ii. Additionally, a list of New York municipalities and/or other public agencies for which the proposer has provided similar professional services within the past five years that is representational, demonstrative, and relevant to type of services as requested in this RFP (including a brief description of the service).

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REFERENCE FACILITY DESCRIPTION

Photocopy this form for each reference as necessary. REFERENCE Name ___________________________________________________________________

Address ___________________________________________________________________ ___________________________________________________________________ Principal Contact Person ______________________________________________________ Address ___________________________________________________________________ Telephone _________________________________________________________________ Briefly describe your firm’s Scope of Services __________________________________________________________________________

__________________________________________________________________________

__________________________________________________________________________ Briefly describe services provided _______________________________________________

___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ Number of years services provided ______________________________________________ Annual Operating Cost _______________________________________________________

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TOWN OF BROOKHAVN DISCLOSURE STATEMENT

PROPOSER MUST SIGN THIS FORM BEFORE A NOTARY PUBLIC

STATE OF ___________________________) ss: COUNTY OF _________________________) I, _______________________________________, ___________________________________________ Name Title of Corporate Officer or Partner or Principal being duly sworn, deposes and swear under the penalties of perjury: • That is in connection with the Proposal for the ____________________________________________

that no other person will have any direct or indirect interest in this Proposal except:

__________________________________________________________________________________ (In case of corporations, all officers of the corporation and stockholders owning more than 5% of the corporation stock must be listed.) Attach additional sheet if necessary. • That ________________________________________________ related to any officer or employee (I am not) (none of the officers or stockholders are) of the Town of Brookhaven except___________________________________________________ • There is not any state or local officer or employee or a member of a board of commissioners of a local

public authority or any other public corporation within the Town, exclusive of a volunteer fireman or civil defense volunteer, interested in such application.

_________________________________________________________ SIGNATURE AND TITLE Subscribed and sworn to before me this ____________ day of ___________________________ ____________________________________________ Notary Public 22

TOWN OF BROOKHAVEN SUPPLEMENTAL DISCLOSURE Proposer Name _________________________________________________________________

Address _______________________________________________________________ FEDERAL IDENTIFICATION # OR SOCIAL SECURITY #___________________________________ Proposer will furnish the following information: List only similar type of work performed: FOR WHOM PERFORMED CONTRACT AMOUNT DATE COMPLETED _____________________________________________________________________________________ _____________________________________________________________________________________ _____________________________________________________________________________________ 1. Have you ever failed to complete any work awarded to you?__________________________________ If yes, indicate where and why__________________________________________________________ 2. Has any officer or partner of your organization ever been an officer or partner of some other organization that failed to complete a contract?____________________________________________ If yes, indicate name of individual, other organization and reason therefore: __________________________________________________________________________________ 3. Has any officer or partner of your organization ever failed to complete a contract in his own name?___ If yes, state name of individual and reason therefore:________________________________________ __________________________________________________________________________________ 4. Within the last ten years, has any legal action, criminal or civil, ever been commenced by the Town or by any other governmental entity/agency against the corporation or against any other legal entity or subsidiary associated with the proposer, or has any legal action, criminal or civil, been commenced against any officer, principal, member, partner or employee 1) of the proposer, or 2) of the other legal entity/subsidiary associated, presently or within the last ten years, in any manner, with the proposer? YES________ NO________ If yes, identify the parties to the legal proceeding(s) and indicate the nature of the legal action __________________________________________________________________________________ __________________________________________________________________________________ __________________________________________________________________________________ 5. In what other lines of business are you financially interested? __________________________________________________________________________________ 6. The work, if awarded to you, will have the personal supervision of whom? __________________________________________________________________________________ 7. Has the Proposer, during the past 7 years filed for bankruptcy, or have been declared bankrupt? YES____ NO____ If YES, state date, court jurisdiction, amount of liabilities and amount of assests.

SIGNATURE AND TITLE______________________________________________________________ Subscribed and sworn to before me this ____________ day of ___________________________ ________________________________Notary Public 23

STATEMENT OF NON-COLLUSION

Representations and Certifications of Proposer All proposals and contracts awarded or accepted by a municipality must contain a statement of non-collusion. By submission of this Proposal, the Proposer certifies that: • This Proposal has been independently arrived at without collusion with any other Proposer or with

any competitor or potential competitor. • This Proposal has not been knowingly disclosed and will not be knowingly disclosed prior to the

opening of Proposals for this project to any other Proposer, competitor or potential competitor. • No attempt has been or will be made to induce any other person, partnership or corporation to submit

or not to submit a Proposal. • The person signing this Proposal certifies that he has fully informed himself regarding the accuracy of

the statements contained in this certification under the penalties of perjury, affirms the truth thereof and is aware of such penalties being applicable to the Proposer as well as to the person signing on its behalf;

• The attached hereto (if a corporation Proposer) is a certified copy of the resolution authorizing the

execution of this certificate by the person signing on its behalf.

Resolved that _______________________________________ be authorized to sign and submit the Name of Individual proposal of ___________________________________________________________________________ Company Name and to certify as to non-collusion as the act and deed of such corporation/partnership and for any

inaccuracies or misstatements in such certificates this corporate Proposer shall be liable under the

penalties of perjury.

_________________________________________________________ SIGNATURE AND TITLE Subscribed and sworn to before me this ____________ day of ___________________________ ____________________________________________ Notary Public 24

TOWN OF BROOKHAVEN BOARD OF ETHICS TRANSACTIONAL DISCLOSURE Applicant Name _______________________________________________________________________ Last Name First Name M.I.

Address ______________________________________________________________________________ NATURE OF APPLICATION: CHECK ALL THAT APPLY TAX GRIEVANCE EXEMPTION FROM PLAT OR OFFICIAL MAP APPROVAL OF PLAT LICENSE OR PERMIT VARIANCE OTHER: MUNICIPAL CONTRACT AMENDMENT CHANGE OF ZONE Does any officer of the State of New York, Officer or Employee of the Town of Brookhaven, Officer or Employee of Suffolk County, Officer of a political party in Suffolk County or his or her spouse, brother, sister, parent, child, grandchild, or the spouse of any of them have an interest in this application by virtue of being the actual applicant, or by virtue of having an interest in the corporation, partnership or association making such application ? YES NO If you answered “YES”, complete the rest of the form, date and sign where indicated. If you answered “NO”, simply sign and date the form where indicated. INTERESTED PARTY AND NATURE OF INTEREST Name: Address: Title: Relationship to Public Officer/Employee and his or her title if other than self: INTERESTED PARTY YES NO A) Is the owner of greater than five percent (5%) of the corporate stock of the applicant when the applicant is a corporation whose stock is listed on the New York or American Stock Exchanges; B) The actual applicant; C) An officer, director, partner or employee of the applicant; or D) Legally or beneficially owns or controls any stock of a non-publicly traded corporate applicant or is a member of a partnership or association of the applicant. _______________________________ _________________________________________________ DATE SIGNATURE OF APPLICANT

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AFFIVIDAVIT IF PROPOSER IS A CORPORATION STATE OF ___________________________) ss: COUNTY OF _________________________) __________________________________________, being duly sworn, deposes and says: Name I am the _________________________of___________________________________________, Title of Corporate Officer Corporation Name the above named corporation, whose name is subscribed to and which executed the foregoing proposal. I reside at ________________________________in the________________________ of___________________________, state of__________________________________________ I have knowledge of the several matters therein stated and they are in all respects true. ____________________________________________ Signature of person who signed proposal Subscribed and sworn to before me this ____________ day of ___________________________ ____________________________________________ Notary Public 26

AFFIVIDAVIT IF PROPOSER IS AN INDIVIDUAL STATE OF ___________________________) ss: COUNTY OF _________________________) __________________________________________, being duly sworn, deposes and says: Name of Individual I am the person described in and who executed the foregoing proposal and the several matters therein stated are in all respects true. ____________________________________________ Signature of person who signed proposal Subscribed and sworn to before me this ____________ day of ___________________________ ____________________________________________ Notary Public

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TOWN OF BROOKHAVEN AFFIVIDAVIT OF COMPLIANCE WITH RESPECT TO THE HIRING OF EMPLOYEES IN ACCORDANCE WITH FEDERAL LAW (TOWN CODE CHAPTER 7A) STATE OF ___________________________) ss: COUNTY OF _________________________)

Employer Firm: _____________________________________________________________________

Project name: __________________________________________________________________

Submission Date: _______________________________________________________________

I,_______________________________________________ being duly sworn, depose and state: Name of Individual That I am an ______Officer ______Partner ______Owner ______Member of the Firm By submission of this Affidavit, and each person signing on behalf of any bidder, contractor, subcontractor, owner, employer, hereby certifies, under penalties of perjury, that I affirm of my own knowledge that the above named person on behalf of the Employer has complied with the requirements of Title 8 of the United State Code (U.S.C.) Section 1324a and any amendments thereto, and that all employees, including non-citizens, or aliens which includes full-time, part-time, temporary or seasonal employees, are authorized to work in the United States and that said employees, including non-citizens, or aliens have provided the required documents for my review, which appear to be genuine and demonstrate, and that to the best of my knowledge, the employees, including non-citizens, or aliens are authorized to work in the United States; and 2) that during the term of the contract, subcontract, agreement or period of work performed by the Employer, all employees hired, or retained shall be authorized to work in the United States in compliance with Federal Law and 3) that the Employer will only employ Subcontractors who hire, or retain employees authorized to work in the United States, and 4) all such Subcontractors shall be required to submit an Affidavit demonstrating compliance with Federal Law regarding the eligibility of employees to work in the United States, and that the Subcontractor’s employees have submitted the required documents demonstrating compliance with Federal Law, said Affidavit shall be submitted to the Town with the Contractor's request for Subcontractor approval at the time of bid submission and at all times required by the Town Code. Signature______________________________________________

Print Name and Title______________________________________________

Subscribed and sworn to before me this ____________ day of ___________________________ Notary Public

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TOWN OF BROOKHAVEN EMPLOYER AFFIDAVIT OF COMPLIANCE

WITH RESPECT TO NEW YORK STATE LABOR LAW (PREVAILING WAGES) AND WORKERS’ COMPENSATION LAW

(TOWN CODE CHAPTER 7A) IB-10

STATE OF NEW YORK ) ) SS.: COUNTY OF _________ )

Contractor: __________________________

Project Name: __________________________

I, ________________________________ being duly sworn, depose and state: That I am an ____ Officer, ____ Partner, _________ Owner ____or Member of the Firm Check as Applicable Part I or Part II. _____Part I. The Requirements of New York State Labor Law and Workers’ Compensation apply to this contract: By submission of this Affidavit, on behalf of the above named Contractor, which includes but is not limited to any owner, firm, corporation or entity, of my own knowledge, I hereby affirm under penalties of perjury, that the Contractor has the ability to complete the contract work and that the Contractor 1) has complied with the requirements of the New York State Labor Law, Article 8 and Article 9, and any amendments thereto, and that all employees, which includes full-time, part-time, temporary or seasonal employees, are paid the required prevailing wages; and 2) that prior to hiring or retaining any subcontractor or independent contractor to perform any portion of the contract work, the Contractor has submitted to the Commissioner of the Town authorizing department the name of the subcontractor or independent contractor and the work to be performed by that subcontractor or independent contractor and that the Contractor has obtained the written approval of the Commissioner of the authorizing Town department. ____Part II. The requirements of New York State Labor Law and Workers’ Compensation Law does not apply to this contract: By submission of this Affidavit, I hereby affirm, under penalties of perjury, that the Contractor does not have any employees as defined under applicable law, including New York State Labor Law, Article 8 and Article 9, and New York State Workers’ Compensation Law, and that the Contractor performs the contract work alone. Name: _________________________________ Title: _________________________________ Sworn to before me this ____ day of ____________, 20__ ________________________ Notary Public

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TOWN OF BROOKHAVEN EMPLOYER AFFIDAVIT OF COMPLIANCE

WITH RESPECT TO NEW YORK STATE LABOR LAW (PREVAILING WAGES) AND WORKERS’ COMPENSATION LAW

(TOWN CODE CHAPTER 7A) IB-11

STATE OF NEW YORK ) ) SS.: COUNTY OF _________ )

Independent Contractor: __________________________

Project Name: __________________________

I, ________________________________ being duly sworn, depose and state: That I am an ____ Officer, ____ Partner, _________ Owner ____or By submission of this Affidavit, I affirm that 1) I am an Independent Contractor, owner-operated business, as defined pursuant to the Town of Brookhaven Town Code, Chapter 7A-13, and that I do not have any employees as defined under applicable law, including New York State Labor Law, Article 8 and Article 9, and New York State Workers’ Compensation Law, and that I perform the contract work alone; and 2) I have not hired or retained any other subcontractor or independent contractor in connection with the contract work. _________________________________ Name Sworn to before me this ____ day of ____________, 20__ ________________________ Notary Public 30

TOWN OF BROOKHAVEN

EMPLOYER AFFIDAVIT OF COMPLIANCE WITH RESPECT TO NEW YORK STATE LABOR LAW (PREVAILING WAGES) AND

WORKERS’ COMPENSATION LAW (TOWN CODE CHAPTER 7A)

IB-12

STATE OF NEW YORK ) ) SS.: COUNTY OF _________ )

Subcontractor: __________________________

Project Name: __________________________

I, ________________________________ being duly sworn, depose and state: That I am an ____ Officer, ____ Partner, _________ Owner ____or Member of the Firm Check as Applicable Part I or Part II. _____Part I. The Requirements of New York State Labor Law and Workers’ Compensation apply to this contract: By submission of this Affidavit, and on behalf of the above named Subcontractor, which includes but is not limited to any owner, firm, corporation or entity, of my own knowledge, I hereby affirm, under penalties of perjury, that the Subcontractor has sufficient employees to complete the contract work and that the Subcontractor 1) has complied with the requirements of the New York State Labor Law, Article 8 and Article 9, and any amendments thereto, and that all employees, which includes full-time, part-time, temporary or seasonal employees, are paid the required prevailing wages; and 2) that the Subcontractor has not retained or hired another subcontractor or independent contractor for the contract work. ____Part II. The requirements of New York State Labor Law and Workers’ Compensation Law does not apply to this contract: By submission of this Affidavit, I hereby affirm, under penalties of perjury, that the Subcontractor does not have any employees as defined under applicable law, including New York State Labor Law, Article 8 and Article 9, and New York State Workers’ Compensation Law, and that the Subcontractor performs the contract work alone; and 2) the Subcontractor has not hired or retained any other subcontractor or independent contractor in connection with the contract work. Name: _________________________________ Title: ________________________________ Sworn to before me this ____ day of ____________, 20__ ___________________________ Notary Public

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