REQUEST FOR PROPOSAL FOR ARCHITECTURAL DESIGN SERVICES. The Battery Conservancy

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1 REQUEST FOR PROPOSAL FOR ARCHITECTURAL DESIGN SERVICES The Battery Conservancy Issue Date: March 23, 2012 Responses Due: April 20, 2012 Introduction The Battery Conservancy ( TBC ) is a 501(c)(3) not-for-profit organization established in 1994 to partner with the New York City Department of Parks & Recreation ( Parks ) to design and rebuild the historic Battery. The Battery is the 25-acre waterfront park at the southern tip of Manhattan. Each year the park welcomes more than six million visitors. At this time, TBC is seeking a qualified architectural firm to provide design development and construction documentation services for a playground within the park. Project Summary: Battery Playspace The project, Playspace, will renovate an unsightly and underperforming playground into a state-of-the-art facility. It will welcome children of all ages and with all levels of ability. The existing Battery playground, constructed in the 1950s, is dilapidated and outdated. Project Overview In 2007, Frank Gehry offered a gift of his design for a new Battery Playspace to The Battery Conservancy. His gift was accepted by TBC and Parks. Gehry envisioned a play experience that would elevate children in mind, body, and spirit. Playspace is a work of art and imaginative design. Gehry s gravity-defying architectural style creates an incomparable space for improvisation, performance, and spontaneous discovery. Frank Gehry s gift includes conceptual and schematic design but does not include full architectural and engineering services. TBC must engage a team of licensed design professionals to provide the standard sequence of architectural and engineering services for the project. TBC has completed concept design with Frank Gehry and Gehry Architects New York and is now conducting an initial search for a local Executive Architect to work with TBC to coordinate architectural services and work product. The scope includes reviewing the schematic design; modifying the design as needed to meet budget; processing the design development which can be reviewed for cost and constructability; and creating construction documents that conform to Parks guidelines from which Playspace can be built. Playspace will be funded with private and public funds; Parks will engage the construction contractors and hold all contracts for the construction of the project. Parks will approve the design, drawings, and specifications, which must be prepared in Parks required format. The contract between the Executive Architect and TBC will be a lump sum fee for services. The Executive Architect will hold the contracts for all subconsultants, with each subconsultant fee separately identified. TBC reserves the right to approve all subconsultants and their fees and agreements. The Executive Architect is responsible for first class management and coordination of all subconsultants (especially the landscape architect and play equipment designer), as well as the review and collaboration with Gehry Partners.

2 [The Battery Conservancy: Request for Proposal for Architectural Design Services: Page 2] TBC and Parks plan to retain a construction management firm for pre-construction and construction services. TBC may also hire an owner s representative for the entire project through completion. Required Experience TBC seeks, as Executive Architect, an architectural design firm that possesses significant experience working in New York City and with public agencies such as Parks, the Metropolitan Transportation Authority ( MTA ), the Public Design Commission and the Department of Transportation. TBC seeks, as Executive Architect, an architectural design firm that is collaborative. Playspace is an ambitious project that will require the Executive Architect to collaborate closely with a landscape architect and other subcontractors, including engineers, professional play equipment designers, and fabricators, as well as execute coordination of various services for review and approval. The team must include a landscape architect, a play equipment designer, and a licensed arborist to insure that the twenty-nine (29) existing trees are protected and safely incorporated in design phases and during construction. TBC seeks, as Executive Architect, an architectural firm that is flexible, creative, and has the ability to provide significant guidance to TBC throughout the process. Design and related services may be divided into phases. TBC seeks, as Executive Architect, an architectural firm that is able to assist in fundraising efforts. While a substantial amount of fundraising has been completed, TBC must seek additional financing from both the City and other private and/or governmental sources for the project. Project Schedule The Project will commence June 2012 or shortly thereafter. The Project will involve City government, multiple interested and vocal community groups, funding agreements and financings, and a substantial fundraising effort. Therefore, the Executive Architect must anticipate that numerous and often lengthy briefings, meetings and hearings will occur, for which the Executive Architect must develop materials and make presentations. There may be some design modifications by the Executive Architect as a result of public review (Parks and Public Design Commission). The complexities of the Project, including coordination with Frank Gehry and Gehry Architects New York and the client, and the potential for lengthy governmental involvement, also may cause substantial delays in the project schedule. Delays in fundraising and financing may also impact the schedule. Proposals should contemplate the need for governmental approval of Project components, and the likely need for multiple revisions in drawings and specifications and other deliverables to accommodate approvals by government agencies and other funding sources. Changes in schedule will not increase the Executive Architect s fees. Project Budget A major task of the Executive Architect will be to assist a cost consultant in developing the project budget, including all soft and hard costs for all elements of the Project. Given the complexity of the Project, changes in the project budget by reason of addition, modification, or elimination of program scope, inflation, delays in the project schedule, and other factors must be anticipated. The Project must be designed within the approved project budget. If construction cost estimates or bids exceed the project budget, the Executive Architect must revise the drawings to meet budget. The Executive Architect will be expected to consult with TBC and to recommend alternatives to achieve cost reductions for Project.

3 [The Battery Conservancy: Request for Proposal for Architectural Design Services: Page 3] Changes in budget will not increase the Executive Architect s fees. Government Funding Government funding is expected for a portion of the cost of the Project. Moreover, certain parts of the Project will require government approval. Therefore, the design of the Project will be subject to review and/or approval by various government agencies, elected officials, and community groups, at different times and on different schedules. The construction contracts will be held by Parks or possibly by other City agencies. Many deliverables will be submitted to government agencies. Lengthy reviews and negotiations, numerous working sessions, and possible modifications to the design (and deliverables, including modifications to the format of the deliverables) may be required or requested. The Executive Architect (and its subconsultants) will be expected to comply with federal, State and City requirements relating to engagement and funding of architectural services. Compliance with governmental requirements will not increase the Executive Architect s fees. Selection of Subconsultants Please identify all subconsultants proposed for this Project. Describe their individual roles and responsibilities. Please provide individual and consulting firm s qualifications and experience. Include resumes of all team members. Please indicate your previous work experience with the proposed subconsultants. Please provide a schedule showing the division of responsibilities among the Executive Architect and subconsultants. Please provide the respective subconsultant fees. Please provide hourly staffing rate sheets for all subcontractors. Please provide projected hours for each subconsultant for each phase of work. Selection Process In selecting the Executive Architect, TBC will consider: (a) the quality and nature of each respondent s experience in similar projects; (b) the proposed design team; (c) the fee proposal; and (d) other matters deemed relevant by TBC including but not limited to assessment of feasibility, and constructability, project budget and design contribution by the Executive Architect and team. The finalists should describe their approach to and an evaluation of the Gehry design package. TBC may narrow the selection process to several finalists, conduct interviews, and seek the lowest bidder among the finalists (taking into account various factors which TBC deems relevant). TBC may also negotiate with one or more finalists. TBC will review the proposals, may interview finalists and otherwise conduct the selection process. The recommendation of the selection subcommittee is subject to the approval of TBC. Finalists may be asked to make one or more presentations to TBC. At a point in the selection process, TBC will send a blank form of agreement for architecture services (the Agreement ) to be used for this Project. The Agreement will be a form similar to what is used by other major not-for-profit institutions in the City. Finalists will then be asked to submit all questions and comments they may have regarding the Agreement, and to provide the precise text of their proposed changes, if any, to the Agreement. While TBC may evaluate proposed changes, TBC will have no obligation to accept any proposed changes and will not be deemed to have accepted any proposed changes by selecting a firm s proposal.

4 [The Battery Conservancy: Request for Proposal for Architectural Design Services: Page 4] Submission Respondents should submit proposals to: Pat Kirshner Director of Operations & Planning The Battery Conservancy One New York Plaza, Concourse New York, NY All pre-submission inquiries should be directed via to No phone calls please. Proposals are due by 4:00 p.m. Note that this schedule is subject to change. Timetable RFP Release Date: March 23, 2012 Proposals Due: April 20, 2012 Procedure and Requirements All submissions must meet the requirements stated in this RFP. Submissions should be both printed on 8 ½ x 11 paper and submitted electronically. Use of recycled paper is preferred. There is no page limit. Exhibits, including renderings and visuals, should be presented. Please provide three (3) paper copies of your submission. Please also include an electronic version of your proposal. The submission should be sent in a sealed envelope with the following information written on the outside: Firm name, address, and contact information (name, phone number, address). Three (3) original copies of all proposals must be submitted, in the format outlined above, executed by an authorized partner, manager, officer or other principal representative of your firm, and submitted prior to the stipulated deadline. Submission Content Your proposal should, at a minimum, address all of the following: 1. Qualifications and Experience A. History: Describe the nature of the firm, including its ownership form, its history, and the number of years the firm has been in operation. Include a brief description of what you consider to be your firm s area of expertise related to public parks and playgrounds or other relevant projects. Include the names and credentials (education, experience, registration, and discipline) of all partners or principals and the number of professionals in each discipline. The diversity of the principals and staff of your firm and/or of the members of your design team may be an important factor in the selection process. B. Similar or Relevant Projects: List the projects your firm has completed (i.e., design and construction completed) in the last five (5) years that are similar or relevant in size, type, or complexity to the Project. Please include: i. Client name, address, telephone number, date of project, location, square footage. ii. Contact person within your firm who had overall responsibility for the project. iii. Description of scope of services performed for such project.

5 [The Battery Conservancy: Request for Proposal for Architectural Design Services: Page 5] iv. Construction and FF&E (i.e., furniture, fixtures and equipment) budgets and schedule. Include the original projected budget and the actual final budget. v. Subconsultants for each project, including name, address, and telephone number. C. Performance: For any project that you include, please identify and discuss briefly any awards, recognition, material litigation, arbitration, legal settlements, and significant history (including maintenance efficiencies and problems) associated with, or relating to, those projects. D. Project Staffing: Provide a project organization chart showing proposed staffing for the Project, identifying the individuals including partner-in-charge, project architect, project manager, and other team members who will be assigned to the Project. For each proposed team member, provide name, resume, registration number/state, discipline, education, experience in related projects and client references from those projects (client name, address, and telephone number). Include an estimate of the proportion of their time that you would expect them to spend on this Project, and the other projects on which they are currently working. E. Subconsultants: Provide a list of the disciplines or areas of expertise for which your firm would propose to engage subconsultants (such as landscape, structural, mechanical, civil, traffic, cost estimating, lighting, and code), with a list of each firm, and an estimate of the fees, costs, and expenses for each subconsultant discipline listed. F. Government Funding: A substantial portion of the Project is expected to be funded by government agencies. Project documentation must comply with all City funding and financing requirements. Describe your firm s experience with projects involving City funding or financing. G. Principal Financial References: Provide references from your principal banking source. 2. Fee Proposals The fee should be quoted in several parts as follows: A. Fee for Basic Services: The fee for Basic Services should be quoted as a percentage to be applied to the sum of all hard costs for the Project i.e., trade contract costs, construction manager and general contractor fees and profit, customary general conditions costs, and a 5% construction contingency. Please indicate this percentage for the three alternative estimated costs indicated below. When the initial budget for hard costs is approved by TBC (either separately or in connection with approval of the total cost of construction for the Project), the indicated percentage will be converted to a fixed dollar amount which will be the fee for the Executive Architect s Basic Services. The fee will not be subject to subsequent adjustment if actual hard costs exceed the estimated budget. Estimated Cost of Construction Fee as % of Estimated Cost of Construction $8,000,000 % $10,000,000 % $12,000,000 % Please state the categories of reimbursable expenses for which your firm will charge. Please state, also, whether you will cap any or all such categories. These factors will be considered as part of the competitive evaluation of responses for this RFP.

6 [The Battery Conservancy: Request for Proposal for Architectural Design Services: Page 6] B. Fee for Additional Services: Please specify the hourly rates your firm will charge for Additional Services for each individual or category of personnel. (The categories of such Additional Services will be as set forth in the Agreement to be negotiated between TBC and the Executive Architect). Please state, also, how such hourly rates may be subject to adjustment and the periods after which such adjustments would apply. Please note that the foregoing factors will be considered as part of the competitive evaluation of responses for this RFP. C. Subconsultant Fees: Fees, costs and expenses of subconsultants should be included in the fee proposals (and separately itemized). D. Suspension/Demobilization: In the Agreement TBC will reserve the right to suspend the services of the Executive Architect after the completion of schematic design and/or design development pending needed government approvals and TBC s obtaining of necessary funding commitments for the Project, as well as for budget modifications. Responding firms should indicate how long a period of suspension they will accept without the need to demobilize and also what their costs might be for demobilization and remobilization after such suspension. (TBC may also elect to discontinue the Project at such juncture). 3. Justification for Your Selection Please explain why you believe that your firm should be selected as the Executive Architect for the services described in this RFP and how or why you offer expertise, creativity, experience, and other benefits and advantages which differentiate you from other firms (although please do not mention competitors by name). For this purpose you may submit a written statement as well as such design, graphic, and other materials as you deem relevant and persuasive. 4. Litigation Please provide a list of all past, current, and pending litigation, arbitration, or mediation that your firm is or has been involved in with regard to projects in the City of New York within the past five (5) years. Please also indicate if you have ever been terminated from a project, and if so, state the circumstances. Evaluation and Selection Finalist proposals will be evaluated by a TBC Board-designated and Parks selection committee. The committee will select a firm who demonstrates the qualifications that best meet the following criteria: Experience and professional skill to work well with Frank Gehry, a world-famous architect whose design concept will take precedence in all aspects of the Project; Experience working with design and construction requirements of the City, Parks, the MTA, and other agencies and public review; Proposals submitted must demonstrate the ability to manage complex projects and organizational capability; Ability to bring creative solutions to the Project; Fee. TBC shall have no obligation to disclose to any firm the results of the proposal process or of TBC s determinations (including any information as to the proposals furnished by any other firm), except that TBC shall notify the firm in writing if such firm is not awarded the contract. TBC may (a) amend, modify, or withdraw this request for proposals; (b) revise requirements of this request for proposals; (c) require supplemental statements or information from any firm; (d) accept or reject any or all responses hereto; (e) extend the deadline for submission of responses hereto; (f) negotiate or hold discussions with

7 [The Battery Conservancy: Request for Proposal for Architectural Design Services: Page 7] any respondent; (g) waive any informality, irregularity or defect in any proposal and allow corrections of deficient responses which do not completely conform to the instructions contained herein; and (h) cancel this request for proposals, in whole or in part, if TBC deems it to be in its best interest to do so. TBC may exercise the foregoing rights at any time without notice and without liability to any responding firm or any other party for their expenses incurred in the preparation of the responses hereto or otherwise. TBC may at its election deny permission to modify, explain, withdraw or cancel any proposal or part thereof after the time designated for the opening of proposals. Confidentiality Statement All information contained in or provided in connection with this RFP and the selection process is confidential and may not be disclosed to any third parties, except as required to prepare responsive proposals. Finalists will also be required to agree to a confidentiality statement which prohibits distribution or sharing of drawings, concepts, photos and other materials, and which precludes discussion with other parties related to the Project, without the express written permission of TBC. Miscellaneous All designs and design concepts, and all plans, specifications, drawings, software presentations (but no proprietary software), and other documents and materials of every kind whatsoever, and in whatever medium expressed, prepared and to be prepared by the Executive Architect (and/or its subconsultants) in connection with any aspect of the Project, and all rights (including copyright, trademarks, trade names, logos, rights of use, and other proprietary rights) therein, shall be deemed works for hire assigned to TBC and shall be and remain the sole property of TBC (whether or not the Agreement between TBC and the Executive Architect continues or is terminated for any reason or no reason). Also, all materials of every kind submitted in response to this RFP and all rights therein shall be the sole property of TBC (whether or not the party submitting the same is selected as a finalist or engaged by TBC). Each person submitting a response to this RFP is deemed to accept and agree to the conditions of this paragraph by submitting such response. The issuance of this request for proposals and the submission of a response by any firms or the acceptance of such response by TBC do not obligate TBC in any manner. Legal obligations will only arise on the execution of a formal agreement by TBC and the firm selected by TBC. Responses to this request for proposals will be prepared at the sole cost and expense of the responding firms. No materials submitted in response to this request for proposals will be returned. Proposals are considered confidential. Your proposal, properly executed, should be submitted in a sealed envelope which shall be clearly identified as a proposal, stating the name of the Project. Changes to such proposal will be accepted if received in a package marked as indicated above, indicating whether the changes supplement or replace the previous submission and detailing which parts of the original proposal were changed, and delivered at the location specified above before the proposal due date and due time. Any proposal received after the above stipulated time and date may be returned to you unopened. Attachments Plans, photos of Gehry model, parks playground memorandum, site plan/ survey, tree survey, site conditions, and cost estimate. #####