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CONTRACT DOCUMENTS

Mount Hope Park Master Plan

June 27, 2016 (“Solicitation Date”) A public/private partnership of:

Aquidneck Land Trust 790 Aquidneck Avenue Middletown, Rhode Island 02842 (401) 849-2799

Town of Portsmouth 2200 East Main Road Portsmouth, RI 02871 (401) 643-0499 1

NOTICE OF INVITATION TO SUBMIT LIST OF QUALIFICATIONS AND SCOPE OF WORK PROPOSAL (“RFQ”) Notice is hereby given that Aquidneck Land Trust (“ALT”)/Town of Portsmouth (hereinafter collectively “Requestor”) shall be accepting separate sealed: (a) Lists of Qualifications and Scope of Work Proposals (defined below) and Cost of Scope of Work Proposals (defined below)(“ Lists of Qualifications and Scope of Work Proposal” and Cost of Scope of Work Proposal are collectively referred to as “Proposal”) submitted to Charles B. Allott, Esq., Executive Director of Aquidneck Land Trust, 790 Aquidneck Avenue, Middletown, RI 02842, until 2:00 p.m., local time, on July 13, 2016 for furnishing design, engineering and planning services for the creation of a master plan for the newly created Mount Hope Park on that certain Lot 32 on Portsmouth, Rhode Island Tax Assessor’s Plat 6, as presently constituted, as more fully identified herein. This planning process will be fully vetted at one or more advertised public meetings to be overseen by the Successful Proposer (defined below) and effective public engagement techniques will be criteria for qualification (“Project”). The Project is more particularly described below.

The List of Qualifications and Scope of Work Proposal shall be addressed and/or delivered in a sealed envelope labeled: “MOUNT HOPE PARK MASTER PLANNING PROJECT - 2016, for arrival by 2:00 p.m. on July 13, 2016 (hereinafter, the “Submittal Date and Time”). The Cost for Scope of Work Proposal shall be addressed and/or delivered in a second (2nd) sealed envelope labeled: “MOUNT HOPE PARK MASTER PLANNING PROJECT – 2016 – COST FOR SCOPE OF WORK PROPOSAL, also for arrival by the Submittal Date and Time. Failure to comply with this 2 separate envelope requirement will invalidate a Proposal. The 1st envelope will be opened at the Submittal Date and Time and evaluated by the Selection Committee (defined in the RFQ) at Portsmouth Town Hall, Second Floor Conference Room, 2200 East Main Road, Portsmouth, Rhode Island 02871. The second envelope will be opened by the Selection Committee (defined in the RFQ) in executive session upon the completion of the scoring and evaluation of the Lists of Qualifications and Scope of Work Proposals at a date and time to be determined. The Cost of Scope of Work scoring points (defined below) will be allocated only to the top three (3) candidates based upon scoring on all other criteria excluding cost, in accordance with the terms of the RFQ. The Successful Proposer will be the Proposer with the highest total score and will be confirmed by the Board of Trustees of ALT and the Town Council prior to the awarding of the contract.

Any Proposer who wishes his Proposal to be considered is responsible for making certain that his proposal is received by Requestor c/o Charles B. Allott, Esq., Executive Director of ALT, 790 Aquidneck Avenue, Middletown, RI 02842 by the proper time. While privately funded, this Project scope of work involves municipally owned real estate and therefore is intended to comply with all Town of Portsmouth bid requirements as set forth herein.

No oral, telegraphic, electronic, facsimile, or telephonic proposals or modifications will be considered unless otherwise specified. Proposals received after the scheduled Submittal Deadline will be returned unopened.

Proposals must bear original signatures and figures.

There will be a mandatory pre-submittal conference on July 5, 2016 at 11:00 am local time at Portsmouth 2

Town Hall, Second Floor Conference Room, 2200 East Main Road, Portsmouth, Rhode Island 02871(“Mandatory Pre-submittal Conference”). Proposals will not be accepted from any purported Proposer not in attendance at the Mandatory Pre-submittal Conference. All questions regarding this RFQ should be submitted in writing at or before the Mandatory Pre-submittal Conference to Charles B. Allott, Esq., ALT Executive Director, at callott@ailt.org and will be read and answered at the meeting. Questions received after that time will not be addressed. All submitted questions and Requestor’s written responses to each will be available as Addendum #1 on or before July 8, 2016 (“Q&A Sheet from Pre-submittal Conference”]. [3 days after Mandatory Pre-submittal Conference] The written responses will take precedence over verbal responses at the Mandatory Pre-submittal Conference. Potential Proposers are responsible for contacting John Fornoff, ALT Office Manager at (401) 849-2799 or jfornoff@ailt.org to request a copy of Addendum #1 and any other disclosed addenda. Proposers must acknowledge receipt of all addenda on the Proposal Form (attached) which will be submitted with the Proposal package. ALT and Town of Portsmouth are Affirmative Action, Equal Employment Opportunity Employers.

Any questions regarding this project should be addressed to the undersigned:

_________________________________ Charles B. Allott, Esq. Executive Director Aquidneck Land Trust 790 Aquidneck Avenue Middletown, RI 02842 Phone: (401) 849-2799 email: callott@ailt.org

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REQUEST FOR SUBMISSION OF LIST OF QUALIFICATIONS AND SCOPE OF WORK PROPOSAL AND COST OF SCOPE OF WORK PROPOSAL (“RFQ”) Aquidneck Land Trust (ALT)/Town of Portsmouth (collectively, the “Requestor”) for a Master Plan for the Mount Hope Park Important dates: Solicitation Date: June 27, 2016 Mandatory Pre submittal Conference: July 5, 2016 [7 days from Solicitation date] at 11:00 am local time at Portsmouth Town Hall Second Floor Conference Room, 2200 East Main Road, Portsmouth, Rhode Island 02871.

Submittals Due: July 13, 2016 [15 days from Solicitation Date] at 2:00 pm, local time delivered to: Charles B. Allott, Esq., Executive Director, ALT, 790 Aquidneck Avenue, Middletown, RI 02842 ALT Board of Trustees final confirmation: August 16, 2016 [or Next Board Meeting]; Portsmouth Town Council final confirmation: July 30, 2016 [or Next Council Meeting].

Contract Awarded: August 17, 2016 [Day after final confirmation] Contract Signature Date: August 24, 2016 [7 days after Contract Award Date] Scope of Work Start Date: August 25, 2016 Scope of Work Completion Date: February 24, 2017 [6 months from Start Date] About ALT: ALT's time-sensitive mission is to conserve Aquidneck Island's open spaces and natural character for the lasting benefit of our community. Aquidneck Island is the largest island in Narragansett Bay in Rhode Island and combines urban and suburban open space protection for farm land, watershed protection, parks and cultural landscapes. The organization has conserved 2519.49 acres on 73 properties across Aquidneck Island since its founding in 1990. ALT is a 501(c)(3) non-profit organization, and the first land trust in Rhode Island to have received national accreditation.

Project Background: In January 2016, ALT and the Town of Portsmouth joined in partnership to purchase the waterfront property at the intersection of Bristol Ferry Road and Bayview Avenue in 4

Portsmouth, Rhode Island, being designated as Lot 32 on Portsmouth Tax Assessor’s Plat 6, as presently constituted, for the development of a coastal town park (“Mount Hope Park”). The Town of Portsmouth owns the property subject to a conservation easement running to the Aquidneck Land Trust. In a 2015 grant that was disbursed in 2016, the van Beuren Charitable Foundation gave ALT funding for the commissioning of a master planning process to ensure quality design and planning for the park, conditioned upon the land being acquired and permanently conserved as park land. The goal of this grant was to ensure that: a) all proposed designs were of a high quality; all proposed land uses where effectively publically vetted; b) a master plan setting forth the stated vision for the park use and management was created; and c) that a protocol was put in place for updating the master plan and for publically vetting any proposed changes in park use and management over time.

Purpose of the RFQ The Requestor is seeking, through this RFQ process, to select the most qualified consultant for the lowest qualified bid price to provide design, engineering and planning services for this Project.

Summary of Scope of Services Consultant will oversee the following:   

   

Inventorying existing town park resources in the area to create existing conditions report; A base design and work plan for the site to make it safe and compliant for public park use, regardless of the subsequent specific park use.

Ensuring quantitative and qualitative public participation in the planning process including: duly advertised municipal public meetings and on-line survey of residents regarding current and future uses of the site they would like to see.

Analysis of land uses and problem-solving potential neighborhood issues with any or all of them; Preliminary conceptual cost analysis of designs of various land/water uses.

Creation of an implementation plan for the adoption of changes in park uses over time.

Creation of an implementation plan for the operations and management of the park with initial consensus land uses.

A selection committee will consist of the following persons: ALT’s Executive Director, Charles B. Allott; Town Planner, Gary Crosby; and Bristol Ferry Town Commons Committee Chair, Esmond “Doug” Smith, Jr. and will oversee the planning process for the Town Administration and Town Council. A majority vote of the committee is necessary for all actions of Requestor.

The Proposal should be framed with the understanding that there is a total funding cap of 5

$75,000.

Anticipated Deliverables: •

Existing area conditions report of park conditions and needs in the surrounding area;

• Existing site conditions report with recommended site improvements to make site safe and compliant for park usage.

•

A website designed to foster public engagement in the master park planning process;

•

A written twenty (20) year master plan for the park;

•

A written standardized protocol for publically vetting future changes in park usage.

Grading: Consultant shall be graded upon the following categories and the Successful Proposed receiving the most points: 1)

Firm background and relative experience in List of Qualifications = 15 points

2)

Responsible personnel qualifications in List of Qualifications =20 points

3)

Past performance of community master planning for municipal park(s) with a public engagement component in List of Qualifications = 15 points

4)

Exhibition of superior Project and community understanding in List of Qualifications and/or Scope of Work Proposal = 15 points

5)

Overall quality and responsiveness of the Scope of Work Proposal, including exhibition of techniques to attain effective public engagement = 20 points

6)

Cost for Scope of Work = 15 points (this portion of the submittal shall be submitted in its own sealed envelope which will not be opened until all submittals of List of Qualifications and Scope of Work Proposals have been graded on numbers one thru five above. Only the top three scoring Proposers from items 1 – 5 will be eligible for distribution of the Cost for Scope of Work points (lowest =15; second lowest = 10; third lowest = 5) and to have their Cost of Scope of Work Proposal envelopes opened.

Consultant shall submit a schedule with milestones based on a start date of August 25, 2016.

Requestor reserves the right to accept any Proposal deemed to be in the best interests of the Requestor.

Cost of Scope of Work Proposals should be itemized by subtask with hours, rates, and direct costs clearly described. Please clearly identify personnel who will be performing the work and 6

submitted in a sealed envelope, addressed to Charles B. Allott, Esq., Executive Director, Aquidneck Land Trust, 790 Aquidneck Avenue, Middletown, RI 02842 with the outer envelope labeled: “MT. HOPE PARK MASTER PLAN 2016 – COST OF SCOPE OF WORK PROPOSAL and must be received by July 13, 2016 at 2:00 pm as provided above.

Compensation: The Requestor will negotiate a fixed fee for all services to be provided by the firm in connection with the project.

Funding for this project is provided by a van Beuren Charitable Foundation grant in the amount of $75,000. Cost of Scope of Work Proposals shall not exceed that amount.

Compliance Requirements: In order to be considered as a qualified Proposal, the List of Qualifications and Scope of Work Proposal and Cost of Scope of Work Proposal must comply with the requirements of the Specifications and Instructions, attached hereto.

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SPECIFICATIONS AND INSTRUCTIONS REQUEST FOR LIST OF QUALIFICATIONS AND PROPOSAL

MOUNT HOPE PARK MASTER PLAN

TABLE OF CONTENTS

Page No.

II.

Instructions to Proposer:

1

III.

Terms and Conditions:

6

IV.

Special Provisions for Services:

8

V.

Scope of Work:

9

VI.

Proposal Documents to be Returned:

14

VII.

Proposal Form:

15

VIII.

Non-Collusion Affidavit:

17

IX.

Insurance Coverage:

18

X.

Proposer Statement of Relevant Experience:

19

XI

Excepts from ALT’s grant application to van Beuren Charitable Foundation and Award

INSTRUCTIONS TO PROPOSER

ACCEPTANCE PERIOD. Unless otherwise specified herein, proposals are firm for a period of ninety (90) days.

ADDENDA ACKNOWLEDGMENT. Each Proposal shall include specific acknowledgment in the space provided of receipt of all addenda issued during the solicitation period. Failure to so acknowledge may result in the Proposal being rejected as not responsive.

AUTHORIZED SIGNATURES. Every Proposal must be signed by the person or persons legally authorized to bind the Proposer to a contract for the execution of the work. Upon request of Requestor, any agent submitting a Proposal on behalf of a Proposer shall provide a current power of attorney certifying the agent’s authority to bind the Proposer. If an individual makes the Proposal, his or her name, signature, and post office address must be shown. If a firm or partnership makes the Proposal, the name and post office address of the firm or partnership and the signature of at least one of the general partners must be shown. If a corporation makes the Proposal, the Proposal shall show the name of the state under the laws of which the corporation is chartered, the name and post office address of the corporation and the title of the person signing on behalf of the corporation. Upon request of REQUESTOR, the corporation shall provide a certified copy of the bylaws or resolution of the board of directors showing the authority of the officer signing the Proposal to execute contracts on behalf of the corporation.

AWARD OF PROPOSAL. Award will be made to the Proposer offering the most advantageous proposal after consideration of all Evaluation Criteria set forth below. The criteria are not listed in any order of preferences but scoring is based upon weighted preference of criteria.

Requestor will evaluate all Proposals received in accordance with the Evaluation Criteria.

Requestor reserves the right to establish weight factors that will be applied to the criteria depending upon order of importance. Weight factors and evaluation scores will not be released until after award of Proposal. Requestor shall not be obligated to accept the lowest priced Proposal, but will make an award in the best interests of Requestor, as determined in its sole discretion, after all factors have been evaluated.

CANCELLATION OF SOLICITATION. Requestor may cancel this solicitation at any time.

COMPLIANCE WITH LAWS. All Proposals shall comply with current federal, state, and other laws relative thereto.

DEFINITION OF TERMS. For the purposes of this RFQ, the following definitions will be used: a.

Cost for Scope of Work. The total bid price for the scope of work requested by 1

b. c.

d. e.

f. g. h. i.

Requestor.

May. Indicates something that is not mandatory but permissible.

Must/Shall. Indicates a mandatory requirement. A Proposal that fails to meet a mandatory requirement will be deemed non-responsive and not be considered for award.

Proposer. The person or firm submitting the Proposal.

Proposal. The offer presented by the Proposer including a List of Qualifications and a Scope of Work Proposal and a Cost of Scope of Work Proposal (Cost of Scope of Work Proposal submitted in a separate envelope as provided herein).

RFQ. Acronym for Request For Qualifications.

Should. Indicates something that is recommended but not mandatory. Failure to do what "should" be done will not result in rejection of your Proposal.

Submittal Deadline. The date and time on or before all Proposals must be submitted.

Successful Proposer. The person, contractor, or firm to whom the award is made.

DOCUMENTS TO BE RETURNED WITH PROPOSAL. Failure to completely execute and submit the required documents before the Submittal Deadline may render a Proposal nonresponsive. The documents that must be returned by the Submittal Deadline are listed on the form entitled "Proposal Documents To Be Returned" and attached hereto.

INK OR TYPEWRITTEN. All information, prices, notations, signatures, and corrections must be in ink or typewritten. Mistakes may be crossed out and corrections typed or printed adjacent to the mistake and initialed in ink by the person signing the Proposal.

NOMENCLATURES. The terms Successful Proposer shall refer exclusively to the firm with whom Requestor enters into a Final Contract (as defined below) because of this solicitation.

NON-COLLUSION AFFIDAVIT. Proposers are required to submit a Non-Collusion Affidavit with their Proposals. See attached Affidavit. If there is reason to believe that collusion exists among the Proposers, Requestor may refuse to consider Proposals from participants in such collusion.

OPENING OF LIST OF QUALIFICATIONS AND SCOPE OF WORK PROPOSALS. All List of Qualifications and Scope of Work Proposals, irrespective of irregularities or informalities, will be opened and the names of the Proposers will be publicly read aloud at the Submittal Deadline. All interested persons are invited to be present at the opening of the Lists of Qualifications and Scope of Work Proposals and reading of names. a.

Postponement of Opening. Requestor reserves the right to postpone the Submittal Deadline and opening of List of Qualifications and Scope of Work Proposals any time before the date and time announced in the Request for Qualifications or subsequent addenda.

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PRICE DISCREPANCIES. In the event that there are unit price items in a Proposal schedule and the "amount" indicated for a unit price of an item does not equal the product of the unit price and quantity listed, the unit price shall govern and the amount will be corrected accordingly. If there is more than one item in a Proposal schedule, and the total indicated for the schedule does not agree with the sum of prices of the individual items, the prices given for the individual items shall govern and the total for the schedule will be corrected accordingly.

The Proposer will be bound by said corrections.

PRICES. All Proposals shall give the prices proposed, both in writing and in figures, shall give all other information requested herein, and shall be signed by the Proposer’s authorized representative. Proposal prices shall include everything necessary for the completion and fulfillment of the contract.

PROPOSAL FORMS/SUBMITTAL. Proposals should be clearly labeled and submitted in sealed envelopes or boxes bearing the name of the Proposer, RFQ Name, and Submittal Deadline, and Envelope Title as provided above. Proposer’s authorized representative must properly initial any erasures or alterations of any kind. Proposals that contain omissions or improper erasures or irregularities may be rejected. No oral, electronic, telegraphic, or telephonic proposals or modifications will be considered. a.

Forms. Proposals must be submitted on preprinted forms supplied by Requestor herewith. b.

Copies. One (1) original and four (4) copies must be submitted for each envelope on or before the Submittal Deadline. Proposers shall submit one (1) original Proposal marked “MASTER” for each envelope, and the four (4) identical copies. c.

Discrepancies. If discrepancies are found between the original and copy or copies, the original "MASTER" will provide the basis for resolving such discrepancies. If one document is not clearly marked “MASTER", Requestor reserves the right to use the original as the Master.

PROPOSAL CONTENT. Proposer must describe in detail how he will meet the requirements of this RFQ, and may provide additional related information with his/her Proposal. The Proposal should be presented in a format that corresponds to, and references, the sections outlined in the Specification or Scope of Work, and should be presented in the same order.

Responses to each section and subsection should be labeled to indicate which item is being addressed. Proposals should be straightforward and concise. Emphasis should be concentrated on conforming to the RFQ instructions, responding to the RFQ requirements, and on providing a complete and clear description of the offer. If a complete response cannot be provided without referencing supporting documentation, you must provide such documentation with the Proposal indicating where the supplemental information can be found.

Requestor is not liable for any costs incurred by Proposers before entering into a formal 3

contract. Costs of developing the Proposals or any other such expenses incurred by the Proposer in responding to the RFQ, are entirely the responsibility of the Proposer, and shall not be reimbursed in any manner by Requestor.

PROPOSAL MODIFICATIONS. Any Proposer who wishes to make modifications to a Proposal already received by Requestor must withdraw his Proposal in order to make the modifications.

Withdrawals must be made in accordance with the terms and conditions of this solicitation (see Proposal Withdrawal). All modifications must be made in ink, properly initialed by Proposer’s authorized representative, executed, and submitted in accordance with the terms and conditions of this solicitation. It is the responsibility of the Proposer to ensure that modified or withdrawn Proposals are resubmitted before the Submittal Deadline.

PROPOSAL, REJECTION OF. Requestor reserves the right to reject any or all Proposals or any part of a Proposal, including without limitation: (1) the right to reject any Proposal based upon the Proposer’s prior history with Requestor or any other governmental agency, or with any other party, which documents, without limitation, unsatisfactory performance, adversarial or contentious demeanor, significant failure(s) to meet contract milestones or other contractual failures; and (2) the right to reject the Proposal of any Proposer who is in default on the payment of taxes, licenses or other monies due the Town of Portsmouth.

PROPOSAL WITHDRAWAL. Proposers' authorized representative may withdraw Proposals only by written request received before the Submittal Deadline.

PROPOSER'S BACKGROUND. Proposer must provide a company profile. Information shall include: a.

Company ownership. If incorporated, the state in which the company is incorporated and the date of incorporation.

b.

Location of the company offices.

c.

Number of employees both locally and nationally.

d.

Location(s) from which employees will be assigned.

e.

Name, address, and telephone number of the Proposer’s point of contact for a contract resulting from this RFQ.

f.

Company background/history and why Proposer is qualified to provide the services described in this RFQ.

g.

Length of time Proposer has been providing services described in this RFQ. Please provide a brief description.

h.

Résumés for key staff to be responsible for performance of any contract 4

resulting from this RFQ. Proposer must include in his Proposal a complete disclosure of any alleged significant prior or ongoing contract failures, any civil or criminal litigation or investigation pending which involves the Proposer or in which the Proposer has been judged guilty or liable. Failure to comply with the terms of this provision will disqualify any Proposal.

PROPOSER'S REFERENCES. Proposers should provide a minimum of five (5) references from similar projects performed for any non-profit organization or local government clients within the last five years. Information provided shall include: a.

Client/Business name;

b.

Project description;

c.

Project dates (starting and ending);

d.

Client/Business project manager name and telephone number.

PUBLIC RECORDS. Rhode Island law provides that municipal records shall at all times be open for personal inspection by any person. As this is a part of a Town of Portsmouth project, information and materials received by Requestor in connection with this RFQ response shall be deemed to be public records subject to public inspection upon award, recommendation for award, or 10 days after bid opening, whichever occurs first. However, certain exemptions to the public records law are statutorily provided. If the Proposer believes any of the information contained in his or her response is exempt from the Public Records Law, then the Proposer, must in his or her response, specifically identify the material which is deemed to be exempt and cite the legal authority for the exemption, otherwise, Requestor will treat all materials received as public records.

QUALIFICATION OF PROPOSERS. Each Proposer shall be skilled and regularly engaged in the general class or type of work called for under the contract for no less than three (3) years.

The Proposers experience shall be set forth and submitted on the form provided herewith. It is the intention of Requestor to award a contract to a Proposer who furnishes satisfactory evidence that the Proposer has the requisite experience, ability, sufficient capital, facilities, and plant to enable the Proposer to prosecute the work successfully and properly, and to complete it within the time specified in the contract. To determine the degree of responsibility to be credited to the Proposer, Requestor will weigh any evidence that the Proposer has performed satisfactorily other contracts of like nature, magnitude and comparable difficulty and comparable rates of progress. In selecting the lowest responsive and responsible Proposer, consideration will be given not only to the financial standing but also to the general competency of the Proposer for the performance of the work covered and/or specified in the contract documents. To this end, each Proposal shall be supported by a statement of the Proposer’s 5

experience on the form entitled “Proposer’s Experience”, which is a part of the contract documents.

QUESTIONS AND COMMENTS. All questions regarding this RFQ must be submitted in writing to the Executive Director of ALT no later than the start of the Mandatory pre submittal conference on May 23, 2016 at 10:00 am. Questions received after that time will not be addressed. Questions can also be emailed to Charles B. Allott, Executive Director of ALT at callott@ailt.org. All submitted questions and Requestor’s written response to each will be available as an addendum on or before Wednesday, May 25, 2016. Potential Proposers are responsible for contacting ALT at (401) 849-2799 or callott@ailt.org to request a copy of the addendum. Proposers must acknowledge receipt of all addenda on Proposal Form (attached) which will be submitted with the Proposal package.

SELL OR ASSIGN. The successful Proposer shall not have the right to sell, assign, or transfer any rights or duties under this contract without the specific written consent of Requestor.

SIGNATURES. An individual who is authorized to bind the Proposer must sign the Proposal.

SUBMITTAL DEADLINE. The Submittal Deadline is May 27, 2016 at 2:00 p.m., local time (“Receiving Time” or “Submittal Deadline”). Proposals must arrive at ALT Offices, Attn: Charles B. Allott, Esq., Executive Director, 790 Aquidneck Avenue, Middletown, RI 02842 by the Receiving Time. The Receiving Time in the ALT Offices will be the governing time for acceptability of Proposals.

TERMS OF THE OFFER. Requestor reserves the right to negotiate final contract terms with any Successful Proposer selected. The contract between the parties will consist of the RFQ together with these Specifications and Qualifications and any modifications thereto, the Successful Proposer’s Proposal, and all modifications and clarifications that are submitted at the request of Requestor during the evaluation and negotiation process (“Final Contract”). In the event of any conflict or contradiction between or among these documents, the documents shall control in the following order of precedence: the final executed contract, the Q&A Sheet from the Mandatory Presubmittal Conference, the RFQ, any modifications and clarifications to the awarded Proposer’s Proposal, and the awarded Proposer’s Proposal. Specific exceptions to this general rule may be noted in the final executed contract. Proposer understands and acknowledges that the representations above are material and important, and will be relied on

by Requestor in evaluation of the Proposal. Proposer misrepresentation shall be treated as fraudulent concealment from Requestor of the facts relating to the Proposal.

TERMS AND CONDITIONS ASSIGNMENT OF RIGHTS OR OBLIGATIONS. Except as noted hereunder, Successful 6

Proposer may not assign, transfer or sell any rights or obligations resulting from this solicitation without first obtaining the specific written consent of Requestor.

ATTORNEY’S FEES. In the event a suit or action is instituted in connection with any controversy arising out of this contract, the prevailing party shall be entitled to receive, in addition to its costs, such sum as the court may adjudge reasonable as to attorney’s fees and costs.

AUTHORITY OF REQUESTOR. Subject to the power and authority of Requestor as provided by law, Requestor shall in all cases determine the quantity, quality, and acceptability of the work, materials and supplies for which payment is to be made under the final contract.

Requestor shall decide the questions that may arise relative to the fulfillment of the contract or the obligations of the Proposer hereunder.

CANCELLATION OF THE CONTRACT. Without cause, Requestor may cancel this contract at any time with thirty (30) days written notice to the Proposer. With cause, Requestor may cancel this contract at any time with ten (10) days written notice to the Proposer. Cancellation for cause shall be at the discretion of Requestor and shall be, but is not limited to, failure to supply the materials, or service specified within the time allowed or within the terms, conditions or provisions of this contract. The successful Proposer may not cancel this contract without prior written consent of Requestor.

CHANGES IN WORK. Requestor at any time work is in progress, by written order, make alterations in the terms of work as shown in the specifications, require the performance of extra work, decrease the quantity of work, or make such other changes as Requestor may find necessary or desirable. The Proposer shall not claim forfeiture of contract by reasons of such changes by Requestor. Changes in work and the amount of compensation to be paid to the Proposer for any extra work as so ordered shall be determined in accordance with the unit prices of Proposer's Proposal.

COMPLIANCE WITH OR DEVIATION FROM SPECIFICATIONS. Proposer hereby agrees that the material, equipment or service offered will meet all the requirements of the specifications in this solicitation unless deviations from them are clearly indicated in the Proposer’s response. Proposer may submit an attachment entitled “Exceptions to Specifications”, which must be signed by Proposer’s authorized representative. An explanation must be made for each item in which an exception is taken, giving in detail the extent of the exception and the reason for which it is taken. Proposals failing to comply with this requirement will be considered non-responsive. Submittal of brochure or other manufacturer literature is desirable but may not be a substitution for this requirement.

CONTRACT INCORPORATION. The Final Contract shall embody the entire contract between the Requestor and the Proposer. The parties shall not be bound by or be liable for 7

any statement, representation, promise, inducement or understanding of any kind or nature not set forth herein. No changes, amendments, or modifications of any of the terms or conditions of the contract shall be valid unless reduced to writing and signed by both parties. The Final Contract shall include the entire contents of the RFQ solicitation, all addenda, all of Proposer’s successful submittal, supplemental agreements, change orders, performance bond(s), and any and all written agreements which alter, amend or extend the contract.

FORMATION OF CONTRACT. Proposer’s signed Proposal and Requestor’s written acceptance shall constitute a binding contract.

LAWS GOVERNING CONTRACT. The Final Contract shall be in accordance with the laws of the State of Rhode Island. The parties stipulate that the Final Contract will be entered into in the County of Newport, in the State of Rhode Island. The parties further stipulate that the County of Newport, Rhode Island, is the only appropriate forum for any litigation resulting from a breach hereof or any questions arising herefrom.

SEVERABILITY. If any provisions or portion of any provision, of this contract are held invalid, illegal or unenforceable, they shall be severed from the contract and the remaining provisions shall be valid and enforceable.

SPECIFICATIONS, CHANGES TO. The parties shall not be bound by or be liable for any statement, representation, promise, inducement or understanding of any kind or nature not set forth herein or by written amendment. No changes, amendments, or modifications of any of the terms or conditions of the specification shall be valid unless reduced to writing and signed by both parties.

SPECIFICATIONS, DEFINITION. The term "specification" or "RFQ specification" as used in this solicitation shall be interpreted to mean all the pages that make up this solicitation

SPECIAL PROVISIONS FOR SERVICES COORDINATION WITH AGENCIES. The Proposer shall coordinate his activities with the proper regulatory agencies and have their representative on site at the proper times.

DAMAGE. The Proposer shall be held responsible for any breakage, loss of Requestor’s equipment or supplies through negligence of the Proposer or his employee while working on the Requestor’s premises. The Proposer shall be responsible for restoring or replacing any equipment, facilities, etc. so damaged. The Proposer shall immediately report to Requestor any damages to the premises resulting from services performed under this contract. Failure or refusal to restore or replace such damaged property will be a breach of this contract.

INSURANCE REQUIREMENT. Within ten (10) consecutive calendar days of award of 8

contract, Successful Proposer must furnish Requestor with the Certificates of Insurance proving coverage as specified in “Proposer’s Statement Regarding Insurance Coverage” and naming ALT and the Town of Portsmouth, its officers and agents, Additional Insured by endorsement.

REJECTION OF WORK. Proposer agrees that Requestor has the right to make all final determinations as to whether the work has been satisfactorily completed.

RIGHTS RESERVED. (a) Rejection of Work. Proposer agrees that Requestor has the right to make all final determinations as to whether the work has been satisfactorily completed. (b) Completion of Work. If Proposer fails to comply with the conditions of the contract, or fails to complete the required work or furnish the required materials within the time stipulated, Requestor reserves the right to purchase in the open market, or to complete the required work, at the expense of the Proposer.

SUCESSFUL PROPOSER, DEFINITION. The term "Successful Proposer" refers to the party entering into a Final Contract with Requestor as a result of this solicitation.

SCOPE OF WORK I.

OBJECTIVE:

ALT and the Town of Portsmouth joined in partnership in January 2016 to purchase the waterfront property at the intersection of Bristol Ferry Road and Bayview Avenue in Portsmouth, Rhode Island, being designated as Lot ___ on Portsmouth Tax Assessor’s Plat ___ with the purpose of developing it as a waterfront park (“Mount Hope Park”). Requestor seeks to create a master plan for the consensus use, management, maintenance, operation, and change protocol for Mount Hope Park, a newly created coastal waterfront park in Portsmouth, Rhode Island. This process should take into consideration the park and recreation needs of the surrounding area as well as the concerns of abutters and neighbors of the surrounding area with nuisance issues realted to park uses.

II.

SCOPE OF WORK:

The following work elements and work tasks, along with the planning procedures presented as part of the work elements, constitute the work and product required to be performed and produced for a satisfactory Master Plan (MP) for Mount Hope Park to meet the goals, objective and requirements of the ALT grant application to van Beuren Charitable Foundation and associated Grant Award. Please provide a summary of how each task would be accomplished.

A. Inventory and document existing state of town park resources in the surrounding area of Portsmouth highlighting key opportunities, challenges and other factors and compare to National Parks and Recreation Association standards to create existing conditions 9

report; B. A base design and work plan for the site necessary to make it safe and compliant for public park use, regardless of the subsequent specific park use.

C. Ensuring quantitative and qualitative public participation in the planning process including: no less than two (2) duly advertised municipal public meetings and a website with an on-line survey of residents regarding current and future uses of the site they would like to see.

D. Analysis of consensus possible land uses and problem-solving potential neighborhood nuisance issues; E. Preliminary conceptual cost analysis of designs of various land/water uses.

F. Creation of a Master Plan Document, which includes but is not limited to the following: 1.

Brief introduction of the community, its populations, size, character and geographic location;

2.

Brief introduction on the natural resources of the site, including but not limited to critical habitat or area of special interest, native flora and fauna species, drainage features;

3.

Brief introduction of the rich history of the site;

4.

Brief introduction to the park system in Portsmouth including:

5.

a)

general description of the park system (e.g. primarily active, passive or mixture; primarily neighborhood, community, or regional park oriented);

b)

number of municipal parks (by general type) and acreage;

c)

description of how Mount Hope Park fits into the overall park system; and

d)

description of existing community planning (Comprehensive Community Plan dated September 1992, as revised July 2002, as revised 10-27-2004 and description of current Comprehensive Community Planning Process).

Site Information and Analysis a)

Brief introduction to and general description of the physical, natural and cultural resources of the site include, but are not limited to:

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b)

•

Acreage

•

Deed restrictions, easements, and right-of-ways that limit use

•

Environmental issues

•

Floodplains

•

Historic features

•

Location

•

Riparian buffers

•

Site access

•

Soil types

•

Species of special concern

•

Stormwater drainage features

•

Surrounding land uses

•

Topographic features

•

Vegetation (including both native and non-native species present)

•

Wetlands

•

Environmental concerns with historic uses and compliance plan (if necessary)

•

Zoning

Analysis and description of the physical feature of the site impact the potential use and development of the site including: •

Advantages of the site for certain uses

•

Disadvantages of the site for certain uses

•

Areas that may not be suitable for public use

•

Areas that need special environmental protection and/or mitigation

•

Areas that should be protected because they are natural drainage courses

•

Areas of high quality habitat value 11

6.

•

Other limiting aspects of the site, including deed restrictions

•

Neighborhood compatibility, including impact on and from adjacent land uses to activities, lighting, traffic, noise, and/or aesthetic characteristics

ACTIVITIES AND FACILITIES ANALYSIS a) Provide a description and prioritization of the community needs and uses for the site as identified by the public participation process, previous planning work and needs assessment. b) List the recreational, conservation, and public uses and facilities proposed to be developed, maintained, or enhanced on the site and to be included on the site plan drawing. c) Proposed preservation of open space, natural areas and buffers on the site. d) Projected participation rates defined by daily, weekly, monthly and seasonal usage. e) Basic standards and requirements

7.

•

Size

•

Dimension

•

Orientation

•

Maximum percent slope permissible

•

Need for undisturbed area

DESIGN CONSIDERATIONS

Use the information gathered from previous steps to determine the uses and facilities planned for the site as well as the size and location of the facilities. The following will be considered and reported on: •

Site limitations and positive points as well as park standards.

•

Applicable laws and regulations relating to public health, safety and welfare including Town of Portsmouth Comprehensive Community Plan, Zoning Ordinance and Building Code.

•

Handicap accessibility standards as prescribed by the Americans with Disabilities Act of 1990 (ADA).

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8.

•

Site suitability for proposed activities.

•

Protection/enhancement of environmentally sensitive areas. Portions of the site could be considered environmentally sensitive. As a result, the master planning process and recommendations shall be guided by this notion. From the location of proposed improvements to the selection of materials for paths, parking, signage, overlook, railing, fencing seawall, etc., shall reflect a critical sensitivity to the site and the community.

•

Incorporate sustainable site design and green infrastructure into the master plan and proposed improvements.

•

The use of green materials should be used to reduce environmental impact. Provide a comparison of cost, life expectancy, and maintenance needs for each "green option," so the committee can fully understand the issues related to each proposed product.

DESIGN PROCESS

A. Develop preliminary alternative sketch drawings to present at a study committee for review and discussion. Depict the location and relationships between the proposed uses and facilities. The drawing does not need to be exact. The following will be considered: •

Location and general extent of new or relocated/rehabilitated uses and facilities

•

Location of potential trails and linkages

•

Active and passive use areas

•

Locations for new parking areas

•

Areas needing natural buffers and/or screening

•

Areas requiring environmental protection and/or mitigation

•

Infrastructure improvement requirements to include stormwater

•

Creation of an implementation plan for adoption of changes in park uses and management over time.

•

Creation of an implementation plan for the operations and management 13

of the park •

Other uses/ideas to be determined

B. Use committee and public feedback to provide a written evaluation of the alternatives.

C. Prepare the draft of the final MT. HOPE PARK MASTER PLAN (MHPMP) D. Once all alternatives have been evaluated, the final MHPMP will be presented at a public meeting for comment. Once approved by the Portsmouth Town Council the final product may then be prepared.

9.

DESIGN COST ESTIMATES A. Construction costs: upon current costs for construction, permitting, engineering, and other professional services; project administration; and contingencies.

B. Phased capital development program: Develop a phasing plan that prioritizes capital development projects and the future costs associated with each.

Implementation strategies to finance these costs shall also be considered.

10.

MAINTENANCE, OPERATING COSTS, AND REVENUE A. An annual budget estimate shall be calculated for each of the cost and revenue items listed below along with justification of the analysis.

B. Existing level of operation and maintenance personnel including paid staff and volunteers.

C. Maintenance and Operating Costs D. Revenue:

11.

•

Seasonal permits (if boating)

•

Gazebo rental (if applicable)

•

General municipal tax support

•

Other sources of income (i.e., endowments, contributions, fund raising events, grants, etc.)

BASE MAP AND SITE DEVELOPMENT DRAWINGS (SDD) A. Base map: As a foundation for the final site development drawing (SDD), an 14

existing conditions map of the site will be prepared in accordance with the specifications and information outlined in previous tasks. The goal is to provide the SDD at as large a scale as possible to allow for as much detail as possible. The following items will be included on the map: •

Acreage

•

Boundaries of riparian buffers

•

Boundary lines of adjacent property

•

Circulation patterns

•

Drainage structures

•

Use of existing, surrounding property

•

Existing structures and facilities

•

Flood plains

•

General location and types of easements, right of ways, and deed restrictions

•

Graphic scale, North Arrow, Date, legend

•

Name of Park

•

Name of Town of Portsmouth, Rhode Island

•

Natural and manmade barriers

•

Seal of designing architect or Engineer registered in the State of Rhode Island

•

Site boundaries with metes and bounds

•

Topography

•

Vegetation

•

Water Features

•

Wetlands

•

Any other feature that may impact, or be impacted by use of this land

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12.

III.

FINAL PRODUCTS 1.

Existing area conditions report of park conditions and needs in the surrounding area;

2.

Existing site conditions report with recommended site improvements to make site safe and compliant for park usage.

3.

A dedicated website for this Project designed to foster public engagement and input in the master park planning process, including an interactive online survey;

4.

A narrative and illustrated master plan for Mt. Hope Park with a timeframe of at least ten (10) years with a mechanism for updating the plan thereafter;

5.

A written standardized protocol for publically vetting future changes in park usage over time;

6.

Implementation plan for the day-to-day operations and management of the park with initial consensus land uses;

7.

Site Development Drawings

EVALUATION CRITERIA:

Requestor reserves the right to waive any and all informalities and to award the contract on the basis of competitive negotiations to the firm it deems most qualified based upon professional competency, technical merit, and experience with similar work and price.

The following criteria will be considered (not necessarily in the listed order) by Requestor in evaluating the qualifications submitted and making this award: 1) 2) 3) 4) 5) 6)

Firm background and relative experience in List of Qualifications = 15 points; Responsible personnel qualifications in List of Qualifications =20 points; Past performance of community master planning for municipal park(s) with a public engagement component in List of Qualifications = 15 points; Exhibition of superior Project and community understanding in List of Qualifications and/or Scope of Work Proposal = 15 points; Overall quality and responsiveness of the Scope of Work Proposal, including exhibition of techniques to attain effective public engagement = 20 points; and Cost for Scope of Work = 15 points (this portion of the submittal shall be submitted in its own sealed envelope which will not be opened until all submittals of List of Qualifications and Scope of Work Proposals have been graded on numbers one thru five above. Only the top three scoring Proposers 16

for items 1 – 5 will be eligible for distribution of the Cost for Scope of Work points (lowest =15; second lowest = 10; third lowest = 5) and to have their Cost of Scope of Work Proposal envelopes opened.

Cost of Scope of Work Proposals should be itemized by subtask with hours, rates, and direct costs clearly described. Please clearly identify personnel who will be performing the work.

Based upon the evaluation of Proposals submitted, Requestors may require formal presentations before the Selection Committee regarding qualifications, project approach, and the ability to provide the required services to best serve the needs of ALT and the Town of Portsmouth.

Requestor reserves the right to accept any Proposal deemed to be in the best interests of the Town of Portsmouth/ALT, in its sole and absolute discretion.

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PROPOSAL DOCUMENTS TO BE RETURNED The following documents must be completed and submitted on or before the Submittal Deadline for the Proposal to be considered complete: 1.

Proposal Form

2.

Non-Collusion Affidavit

3.

Proposer’s Statement Regarding Insurance Coverage

4.

Proposer Statement of Relevant Experience

Additional information to be provided: 1.

Company ownership. If incorporated, the state in which the company is incorporated and the date of incorporation.

2.

Location of the company offices.

3.

Number of employees both locally and nationally.

4.

Location(s) from which employees will be assigned.

5.

Name, address, and telephone number of the Proposer’s point of contact for a contract resulting from this RFQ.

6.

Company background/history and why Proposer is qualified to provide the services described in this RFQ.

7.

Length of time Proposer has been providing services described in this RFQ. Please provide a brief description.

8.

Resumes for key staff to be responsible for performance of any contract resulting from this RFQ.

Proposals must be submitted on the attached preprinted forms. Proposers shall submit one (1) original Proposal marked “MASTER”, and the four (4) identical copies on or before the Submittal Deadline.

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PROPOSAL FORM AQUIDNECK LAND TRUST/TOWN OF PORTSMOUTH MT. HOPE PARK MASTER PLANNING - 2016 To:

Aquidneck Land Trust (“ALT”) 790 Aquidneck Avenue Middletown, RI 02842

From: ________________________________ Name of Proposer ________________________________ Mailing Address ________________________________ ________________________________ Town, State & Zip STATEMENT OF QUALIFICATIONS - MT HOPE PARK – MASTER PLANNING – 2016 The undersigned Proposer agrees that, if selected, he will contract with ALT to provide all necessary services as described in the attached Scope of Work.

In its entirety, the following documents, and all addenda, by this reference hereto are hereby made a part of this Proposal and should be contained in this RFQ Package: a. b. c.

Notice Of Invitation To Submit List Of Qualifications And Proposal Request For Submission Of List Of Qualifications and Proposal and Cost Of Scope Of Work Proposal (“RFQ”) Specifications And Instructions (which includes) a. Terms and Conditions b. Special Provisions For Services c. Scope of Work

d. e. f. g. h. i.

Q&A Sheet From the Mandatory Pre-submittal Conference Proposal Form Non-Collusion Affidavit Proposer's Statement Regarding Insurance Coverage Proposer Statement of Relevant Experience Additional information provided by the Proposer as required

Proposer acknowledges receipt of a-j above. Proposer acknowledges receipt of Addenda Number(s) 19

#1captioned: “Q&A Sheet from Mandatory Pre-submittal Conference” #2 captioned: “_______________________” (if applicable), and #3 captioned: “______________________” (if applicable). ______________________________________________ Company Name of Proposer ______________________________________________ Mailing Address (PO Box or Street) ______________________________________________ Town, State, and Zip Code ______________________________________________ Name of Authorized Representative ___________________ Signature

_________________________ Title

______________________________________________ Type of Business (Corp, Partnership, Sole Proprietorship) ____________________ Telephone Number

_________________________ Facsimile Number

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NON-COLLUSION AFFIDAVIT To Be Completed, Notarized, and Submitted With List of Qualifications and Scope of Work Proposal MT HOPE PARK MASTER PLANNING – AQUIDNECK LAND TRUST/TOWN OF PORTSMOUTH State of ___________________ County of ___________________

________________________________________________, Proposer, being first duly sworn, deposes and says that he or she is the person making the foregoing bid, or is the authorized representative of the entity making the foregoing bid; that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation; that the bid is genuine and not collusive or sham; that the Bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding for collusive purposes; that the Proposer has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the Proposer or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any ill-gotten advantage with the Requestor over anyone interested in the proposed contract; that all statements contained in the bid are true; and further, that the Proposer has not , directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid. ________________________________ Date _________________________________ Proposer name (Person, Firm, Corp.) ________________________________ Address ________________________________ City, State, Zip

_______________________________ (Signed at) ________________________________ Person or Authorized Representative Signature ________________________________ Person or Representative's Name Printed ________________________________ Representative's Title (if applicable)

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PROPOSER'S STATEMENT REGARDING INSURANCE COVERAGE MT. HOPE PARK MASTER PLANNING – 2016 – AQUIDNECK LAND TRUST/TOWN OF PORTSMOUTH PROPOSER HEREBY CERTIFIES that the Proposer has reviewed and understands the insurance coverage requirements specified in the Request for Submission of List of Qualifications and Proposal and Cost of Scope of Work Proposal (“RFQ”). Should the Proposer be awarded the contract for the work, Proposer further certifies that the Proposer can meet the specified requirements for insurance, and agrees to name ALT and the Town of Portsmouth as Additional Insured in the insurance contract for the work specified.

Insurance Required: •

Workman’s Compensation in compliance with statutory limits

•

Professional Liability Insurance

_____________________________________________ Name of Proposer (Person, Firm, or Corporation) _____________________________________________ Signature of Proposer's Authorized Representative _____________________________________________ Name & Title of Authorized Representative ____________________ Date of Signing

22

PROPOSER STATEMENT OF RELEVANT EXPERIENCE MT. HOPE PARK MASTER PLANNING – 2016 – AQUIDNECK LAND TRUST/TOWN OF PORTSMOUTH List five references which your firm provided watershed land planning and engineering services for a non-profit organization or a municipal or other governmental unit within the last five years.

I hereby certify that I have performed the work listed below. ________________________________________ Signature of Proposer DESCRIPTION OF WORK

DATES

CONTRACT AMOUNT

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CUSTOMER CONTACT

CUSTOMER TELEPHONE