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Town of North Hempstead

REQUEST FOR STATEMENTS OF QUALIFICATIONS FROM ARCHITECTURAL AND ENGINEERING FIRMS FOR EXPEDITED PLANS REVIEW

June 3, 2008

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TOWN OF NORTH HEMPSTEAD REQUEST FOR STATEMENTS OF QUALIFICATIONS FROM ARCHITECTURAL AND ENGINEERING FIRMS FOR EXPEDITED PLANS REVIEW June 3, 2008

I. INTRODUCTION The Town of North Hempstead (the "Town") is a municipal corporation organized under the Town and General Municipal Laws of the State of New York (the "State"). The Town is seeking statements of qualifications ("Statements") from qualified architectural and engineering firms, licensed by and located and authorized to do business in the State ("Firms"), to provide to the Town professional services consisting of expedited plans review of permit applications for commercial and residential development projects being developed within the Town's unincorporated areas ("Permit Applications"). The services sought (the "Services") are more fully described in Section III (A) of this Request for Statements of Qualifications (the "RFQ"). The Firms determined by the Town to be best qualified to provide the Services in accordance with the methodology set forth in Section I (G) of this RFQ will be designated ("Designated Firms") in the manner set forth in, and will perform the Services pursuant to contracts executed pursuant to, Section II (I) of this RFQ. The names of the designated Firms will be made available to commercial and residential building permit applicants ("Applicants"). Applicants seeking expedited plans review may contact a Designated Firm. The Applicant and the Designated Firm will negotiate the terms of payment for the Designated Firm to undertake and complete the Services. II. PROCEDURES A. ANTICIPATED SCHEDULE Issue RFQ Statement Due Date Selection of Designated Firms on or about June 3, 2008 July 14, 2008 August 19, 2008

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B. PREPARATION OF STATEMENT Each Statement shall be prepared concisely, avoiding the use of elaborate promotional materials beyond those sufficient to provide a complete, accurate, and reliable presentation. For ease of review, the Statement must follow the outline in Section III (B) of this RFQ. Each Statement should be clearly numbered and the full question listed and answered. C. NUMBER OF COPIES OF STATEMENT Seven (7) copies of the Statement should be submitted to the Town. D. INQUIRIES AND SUBMISSION OF STATEMENTS Questions about the RFQ shall be directed to: Michael LoPresti, Plan Examiner Town of North Hempstead Building Department 210 Plandome Road Manhasset, New York 11030 [email protected] (e-mail) Fax (516) 869-7922 Responses should be delivered to: Kevin Cronin, Building Commissioner Town of North Hempstead Building Department 210 Plandome Road Manhasset, New York 11030 All Statements must be delivered, either by hand delivery or by certified mail in a sealed envelope, to the above office no later than 4:30 p.m. July 14, 2008. The Town is under no obligation to return Statements. It is requested that any and all contact with the authorized contact person be made by fax or e-mail. E. TIME AND LOCATION OF FIRM'S PRESENTATION Firms may be required to provide oral presentations. Those Firms will be notified to arrange specific times. F. EFFECTIVE PERIOD OF STATEMENTS A Statement may be withdrawn at any time prior to the date specified as the closing date for acceptance. However, no Firm may withdraw or cancel a statement of qualifications for a period of forty-five (45) days following the closing date for acceptance, nor shall the successful Firm withdraw or cancel or modify the Statement, after having been notified

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that the Statement has been accepted by the Town, except at the request of the Town, or with the Town's written consent. G. METHOD OF DESIGNATION After the Due Date, Town representatives will evaluate the Statements. The Town reserves the right to hold all Statements for a period of up to 180 days beyond the final date for submission of Statements before making any determination. In order to designate the Firms best qualified to undertake the Services at the most cost effective rates of payment, each Statement will be scored via an evaluation system. Merit will be evaluated with emphasis on the following factors: · The conciseness, completeness and clarity of the Statement · Prior experience in performing services of the type contemplated by this RFQ · Overall expertise and organizational strength · Cost · References and reputation · Any other information that would assist the Town in the designation process. H. RIGHT OF REJECTION BY THE TOWN Notwithstanding any other provisions of this RFQ, the Town reserves the right to select the Designated Firms that best meet the requirements of the RFQ, and not necessarily those with the lowest costs. Further, the Town reserves the right, for any or no reason and in its sole and absolute discretion, to (1) amend, in whole or part, withdraw or cancel this RFQ, and (2) accept or reject any or all Statements prior to execution of a contract described in Section II (I) hereof for any or no reason and with no penalty to the Town. I. NOTICE OF DESIGNATION; DESIGNATION CONTRACT The Town shall select the Designated Firms by means of a Notice of Designation issued pursuant to a resolution adopted by the Town Board. Neither the designation of a Firm nor the issuance of a Notice of Designation shall constitute a binding commitment on behalf of the Town to enter into a contract with the Firm for the Services, as any binding arrangement must be set forth in definitive documentation signed by both parties and shall be subject to all requisite approvals. The Town intends to enter into a written contract or contracts (the "Contract") with Firms designated to provide the Services generally in the form set forth in Schedule `A', attached hereto and made a part hereof. Contracts will be for a term of one (1) year.

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III. REQUIREMENTS A. THE SERVICES The Services shall include plan review of Permit Applications pursuant to the provisions of Section 2-10.1D of the Code of the Town of North Hempstead (the "Town Code"), including, without limitation: · review for compliance with Town Code, including, but not limited to Chapter 70, Zoning · review for compliance with the State Building Code · review for completeness of submission requirements including, but not limited to, surveys, permits and fees · review for filing and compliance with Nassau County submissions including, but not limited to, Nassau County Fire Marshall and Nassau County Planning Commission · communication of deficiencies, either verbally or in writing to the applicant/design professional · preparation of Notices of Disapproval, Letters of Omission, referrals for Site Plan review, etc. as appropriate · communication with Building Department staff to apprise of status of any other project specific reviews as appropriate · final certification to Building Department that the application is compliant with all codes and filing requirements and that a permit should be issued by the Building Official It is expected that commencement of initial review of any Permit Application will begin within 24 business hours of receipt of the application by a Designated Firm and communication shall be made to the Applicant within 48 business hours thereafter. Upon receipt of resubmissions (as needed) the review shall recommence within 24 hours. The issuance of permits upon receipt of all required submissions shall occur no later than 10 business days of substantial compliance with all submission requirements. Plan review, through and including the issuance of permits, shall generally be expected to take no more than ten (10) business days from receipt of the application. B. MANDATORY STATEMENT RESPONSE REQUIREMENTS Please submit the following in your Statement:

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1) Narrative Response shall include: a) Service Summary: This should provide a description of the key points of your Statement. b) Qualifications: Provide background information on your firm, including but not limited to: i) business overview. ii) the age of the firm. iii) names, addresses and position of all persons having a financial interest in the firm. iv) state of formation (as applicable). v) the number of employees. vi) names and resumes of all persons who will work on the contract. vii) summary of relevant accomplishments, particularly as they reflect prior engagements to provide the Services. viii) identify: (1) Has your firm ever been cited by any authority for unscrupulous practice? (2) Does your firm have any past or present suits with any current or former customers? ix) any other information that will permit the Town to determine capability of Firm to meet all contractual requirements. c) Fees/Costs: Please describe what the Firm will charge for the Services. If the Firm will be charging on an hourly basis based upon the hourly salaries of its employees and a multiplier, please identify the multiplier, and submit an employee roster showing the hourly salary of each such employee. If the Firm plans to charge for reimbursable expenses, please submit a separate schedule of same. d) If available, a copy of the most recent Dun and Bradstreet Financial Report (complete full report) on your firm, as well as any updates subsequent to the date of the complete report.

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e) Annual financial statements for the firm's last two completed fiscal years, in form and content satisfactory to the Town. f) A copy of the professional licenses issued to the Firm by the State Department of Education authorizing it to practice architecture or engineering. g) Additional information that you believe pertinent to the Town's requirements. 2) References: Names, titles, addresses and phone numbers of key contacts for 5 customers, particularly municipalities for whom the Firm has undertaken similar Services as those identified in Section III (A) hereof. 3) Copies. Seven (7) copies of the Statement should be submitted to Linda Brickman, Deputy Building Commissioner, as detailed in Section II (D) above. 4) Identify all adverse determinations against the Firm, or its employees or persons acting on its behalf, with respect to actions, proceedings, claims or complaints concerning violations of federal, state or municipal equal opportunity laws or regulations. 5) Has your firm, or any of its employees present or past, or anyone acting on its behalf, ever been convicted of any crime or offense arising directly or indirectly from the conduct of your firm's business, or have any of your firm's officers, director or persons exercising substantial policy discretion ever been convicted of any crime or offense involving business or financial misconduct or fraud? If so, please describe any such convictions and surrounding circumstances in detail. 6) A description of any action, suit, proceeding or investigation pending or threatened against your firm including, without limitation, any proceeding known to be contemplated by government authorities or private parties. 7) Has your firm, or any of its employees, or anyone acting on its behalf, been indicted or otherwise charged in connection with any criminal matter arising directly or indirectly from the conduct of your firm's business which is still pending, or have any of your firm's officers, directors or persons exercising substantial policy discretion been indicted or otherwise charged in connection with any criminal matter involving business or financial misconduct or fraud which is still pending? If so, please describe any such indictments or charges and surrounding circumstances in detail. 8) Conflicts of Interest: (a) Please disclose (i) Any material financial relationships that your firm or any firm employee has that may create a conflict of interest or the appearance of a conflict of interest in contracting with or representing the Town.

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(ii) Any family relationship that any employee of your firm has with a member, employee, or official of the Town that may create a conflict of interest or the appearance of a conflict of interest in contracting with or representing the Town. (iii) Any other matter that your firm believes may create a conflict of interest or the appearance of a conflict of interest in contracting with or representing the Town. (b) Please describe any procedures your firm has, or would adopt, to assure the Town that a conflict of interest would not exist for your firm in the future. 9) Contract Exceptions: Identify any exceptions to or changes you wish to make to the Contract and provide a reasonable justification for same. 10) Non-collusive Bidding Certificate: Please execute or have a duly authorized officer or representative execute the certificate set forth in Schedule `B', attached hereto and made a part hereof. C. ADDITIONAL INFORMATION 1) All materials submitted in response to this RFQ will become the property of the Town. 2) The Town reserves the right to conduct discussions with, and to request additional information from, one or more Firms. No Firm shall have any rights against the Town as a result of such discussions. 3) The Town reserves the right to negotiate separately with any source whatsoever. 4) The Town reserves the right to waive any irregularity in any Statement received or any other aspect of this procurement. 5) Firms are advised that with respect to this RFQ, no contact with the Town personnel in any way related to this solicitation is permitted, except as shall be authorized by the officer designated herein as the Town's contact person as identified in Section II (D) herein. 6) Each Statement prepared in response to this RFQ will be prepared solely at the cost and expense of the Firm with the express understanding that there will be no claim whatsoever for reimbursement from the Town. 7) Submission of a Statement in response to this RFQ shall constitute an offer on the part of the successful Firm to enter into a Contract substantially as described herein. 8) News releases or other public announcements relating to this RFQ shall not be made by any party receiving this RFQ without the prior written approval of the Town.

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9) The Town and its respective officers, directors, agents, members and employees make no representation or warranty and assume no responsibility for the accuracy of the information set forth in this RFQ. Further, the Town does not warrant nor make any representations as to the quality, content, accuracy or completeness of the information, text, graphics, links or other facet of this RFQ once it has been downloaded or printed from this or any server, and hereby disclaims any liability for technical errors or difficulties of any nature that may arise in connection with the Webpage on which this RFQ is posted, or in connection with any other electronic medium utilized by Firms or potential Firms in connection with or otherwise related to the RFQ. 10) Statements submitted to the Town in response to this RFQ may be disclosed in accordance with the standards specified in the Freedom of Information Law, Article 6 of the Public Officers Law of the State of New York ("FOIL"). A Firm submitting a Statement may provide in writing, at the time of its submission, a detailed description of the specific information contained in its submission which it has determined is a trade secret and which, if disclosed, would substantially harm such Firm's competitive position. This characterization shall not be determinative, but will be considered by the Town when evaluating the applicability of any exemptions in response to a FOIL.

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SCHEDULE `A' DESIGNATION CONTRACT (7 pages)

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DESIGNATION CONTRACT THIS CONTRACT (the "Agreement") made as of the 22nd day of February, 2008, by and between the TOWN OF NORTH HEMPSTEAD (the "Town"), a municipal corporation duly organized and validly existing under the laws of the State of New York (the "State"), with its principal office located at 220 Plandome Road, Manhasset, New York 11030, and [NAME OF CONSULTANT] (the "Consultant"), a professional corporation duly organized and validly existing under the laws of the State with offices at ____________________ ________________, __________ _______ (the Town and the Consultant are hereinafter referred to, together, as the "Parties"). W I T N E S S E T H: WHEREAS, based upon Resolution No. 258-2008, adopted by the Town Board at its meeting duly held on April 15, 2008, the Town, by and through the Commissioner of the Department of Building Safety, Inspection and Enforcement (the "Commissioner"), issued a Request for Statements of Qualifications (the "RFQ") on May 23, 2008, seeking the retention of professional services for expedited plans review on a project-by-project basis for commercial and residential development projects ("Projects", individually, each of the Projects is a "Project") being undertaken within the Town, all as more fully set forth in Exhibit `A', attached hereto and made a part hereof (the "Services"); and WHEREAS, by Resolution No. ____ -2008, adopted at a meeting duly held on _____________ __, 2008, the Town Board authorized the Consultant to be a Designated Firm as defined in the RFQ, and further authorized the Town Supervisor to execute this Agreement with the Consultant for the Services. NOW THEREFORE, pursuant to the terms, provisions, covenants and conditions more fully set forth below, the Parties hereto agree as follows: 1. The Services The Consultant shall undertake and complete the Services. 2. Contract Amount In consideration of the Consultant's performance of the Services, the Consultant shall be paid a sum formulated and paid in accordance with Exhibit `B', attached hereto and made a part hereof (the "Contract Amount"), which shall constitute full and complete compensation for the Services performed.

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Term Unless earlier terminated pursuant to Section 4 hereof, the term of this Agreement shall commence on the date hereof and shall expire upon _________________ __, 2009.

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Termination The Town reserves the absolute right to terminate the Agreement at any time by service of a written notice sent by certified mail to the address set forth above.

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Amendments This Agreement may only be amended or modified by written agreement duly executed by the Parties.

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Indemnification (a) To the fullest extent permitted by law, the Consultant: (i) shall be solely responsible for and shall indemnify and hold harmless the Town, and its officers, employees, agents, and servants (collectively, the "Indemnitees"), from and against any and all liabilities, losses, costs, expenses (including, without limitation, reasonable attorneys' fees and disbursements), and damages (collectively, "Losses"), including Losses attributable to acts or omissions of the Consultant or any employee, servant, agent, or independent contractor of Consultant ("Consultant's Agent"), arising out of or in connection with this Agreement. (ii) shall, upon the Town's demand and at the Town's direction, promptly and diligently defend, at the Consultant's sole risk and expense, any and all suits, actions, or proceedings which may be brought or instituted against one or more Indemnitees and which arise out of or in connection with this Agreement, and the Consultant shall pay and satisfy any judgment, decree, loss, or settlement in connection therewith. (iii) shall, and shall cause Consultant's Agents to, cooperate with the Town in connection with the investigation, defense, or prosecution of any action, suit, or proceeding arising out of or in connection with this Agreement. (b) The obligations of the Consultant pursuant to Section 6 (a) hereof shall not be limited by reason of enumeration of any insurance coverage provided under this Agreement.

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(c) Nothing in this Section 6 or elsewhere in this Agreement shall create or give to third parties any claim or right of action against the Town beyond that which legally exist regardless of the provisions of this Agreement.

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Insurance Consultant agrees to procure and maintain, with a carrier holding an "A" rating from AM Best Company, the following insurance policies during the term of this Agreement and furnish proof of its procuring of the following insurance policies, or such other documents as are set forth hereunder: (i) commercial general liability insurance covering the liability of the Consultant, and indemnifying and holding harmless the Town, its agents, employees and representatives from any and all loss and/or damage arising out of the performance of this Agreement with a combined single limit (bodily injury/property damage) of Two Million Dollars ($2,000,000). The Town shall be named as additional insured on said policy; (ii) workers' compensation insurance or proof of its not being required to secure same, as evidenced by certificates or affidavits approved by the State Workers' Compensation Board pursuant to State Workers' Compensation Law § 57(2); (iii) disability benefits insurance or proof of its not being required to secure same, as evidenced by certificates or affidavits approved by the State Workers' Compensation Board pursuant to State Workers' Compensation Law 220(2); and (iv) professional errors and omissions insurance.

The Town shall be entitled to 30 days advance written notice of the cancellation or termination of any and all policies listed above at (i) though (iv). 8. Compliance With Laws (a) The Consultant shall comply with and conform to any Federal, State, Town, municipal or local laws or regulations, and shall procure at its own expense any license or permit, and shall pay any and all license fees or charges. (b) This Agreement shall be construed and interpreted in accordance with the laws of the State of New York. 9. No Assignment or Transfer

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Consultant's rights under this Agreement shall not be assigned nor its obligations assumed or transferred.

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Merger It is understood that the Agreement represents the entire agreement of the Parties, and all previous understandings are merged herein, and no modifications thereof shall be valid unless it meets the requirements of Section 5 of this Agreement.

IN WITNESS WHEREOF, the Parties have set their hands as of the day and year first above written. TOWN OF NORTH HEMPSTEAD

By: ______________________________ Jonathan S. Kaiman, Supervisor

[NAME OF CONSULTANT]

By: _______________________________ [Name of Signatory] [Title of Signatory]

APPROVED AS TO FORM:

_________________________________ Richard Finkel, Town Attorney

_________________________________ Paul Pathe´, Comptroller

_________________________________ Kevin Cronin, Commissioner Department of Building Safety, Inspection and Enforcement

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State of New York )ss.: County of Nassau

) )

On the ____ day of ____________ in the year 2008, before me, the undersigned, personally appeared Jonathan S. Kaiman, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.

______________________ Notary Public

State of New York

) )ss.: County of ________ ) On the ______ day of _____________ in the year 2008, before me, the undersigned, personally appeared________________, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.

______________________ Notary Public

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EXHIBIT 'A' THE SERVICES The Services shall include plan review for specific Projects pursuant to the provisions of Section 2-10.1D of the Code of the Town of North Hempstead (the "Town Code"). "Plan review" shall include: · review for compliance with Town Code including, but not limited to Chapter 70, Zoning · review for compliance with State Building Code · review for completeness of submission requirements including, but not limited to, surveys, permits and fees · review for filing and compliance with Nassau County submissions including, but not limited to, Nassau County Fire Marshall and Nassau County Planning Commission · communication of deficiencies, either verbally or in writing to the applicant/design professional · preparation of Notices of Disapproval, Letters of Omission, referrals for Site Plan review, etc. as appropriate · communication with staff of the Town of North Hempstead Department of Building Safety, Inspection and Enforcement (the "Building Department") to apprise of status · any other project specific reviews as appropriate · final certification to Building Department that the application is compliant with all codes and filing requirements and that a permit should be issued by the Town Building Official, as defined by the Town Code. It is expected that commencement of initial review of a Project will begin within 24 business hours of the execution of a Project Agreement (as defined in Exhibit `B', attached hereto and made a part hereof). Upon receipt of resubmissions (as needed) the review shall recommence within 24 hours. The issuance of permits upon receipt of all required submissions shall occur no later than 10 business days of substantial compliance with all submission requirements. Plan review, through and including the issuance of permits, shall generally be expected to take no more than ten (10) business days from the execution of a Project Agreement (as defined in Exhibit `B', attached hereto and made a part hereof).

In undertaking and completing the Services, the Consultant shall comply with the Town's policies, procedures and protocols with respect to the requisitioning and handling of Town files and in communicating with each Project Applicant (as defined in Exhibit `B', attached hereto and made a part hereof).

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EXHIBIT 'B' CONTRACT AMOUNT The Contract Amount for the Services shall be subject to agreement (the "Project Agreement") between the Consultant and a Project permit applicant (the "Project Applicant"), and shall be paid by each Project Applicant pursuant to any such agreement. Consultant shall have no recourse against the Town for payment of the Contract Amount. The Project Agreement is solely a payment agreement pursuant to which the source of funds for the payment of the Contract Amount due the Consultant from the Town are paid directly by the Project Applicant to the Consultant. The obligation of the Consultant to provide the Services are obligations that run to the Town, not the Project Applicant. The Project Applicant has no obligation to determine the truth or accuracy of the Consultant's bills seeking payment of the Contract Amount for the Services rendered.

SCHEDULE `B' NON-COLLUSIVE BIDDING CERTIFICATE (One page)

NON-COLLUSIVE STATEMENT SUBMISSION CERTIFICATION By submitting this Statement of Qualifications ("Statement"), the architectural and engineering firm submitting same (the "Firm"), and each person signing on behalf of any Firm certifies, and in the case of a joint Statement each Firm thereto certifies as to itself, under penalty of perjury, that to the best of his or her knowledge and belief: 1. The prices, costs and fees in this Statement ("Prices") have been arrived at independently without collusion, consultation, communication, or agreement, for the purpose of restricting competition, as to any matter relating to such prices with any other Firm or with any competitor; 2. Unless otherwise required by law, the Prices which have been quoted in this Statement have not been knowingly disclosed by the Firm and will not knowingly be disclosed by the Firm prior to opening, directly or indirectly, to any other Firm or to any competitor; and 3. No attempt has been made or will be made by the Firm to induce any other person, partnership or corporation to submit or not to submit a Statement for the purpose of restricting competition. I, the undersigned, attest under penalty of perjury that I am an authorized representative of the Firm and that the foregoing statements are true and accurate. Name of Firm: __________________________________________________________ Signature of Authorized Representative: ______________________________________ Title: ______________________________________ Date: ______________________________________

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