FY21 CIP Roadway Projects (RFQ)

ADVERTISEMENT CITY OF RALEIGH REQUEST FOR QUALIFICATIONS The City of Raleigh Engineering Services Department, Design/Construction Division invites qualified civil engineering firms to submit their Statement of Qualification for FY21 CIP Roadway Projects Lake Boone Trail Improvements and New Bern Bottleneck Projects. Copies of the detailed Request for Qualification letter are available upon request, please contact Brian Roth-Roffy at Brian.Roth-Roffy@raleighnc.gov to set up a time and location for pickup at Raleigh Municipal Building, 222 W. Hargett Street, Raleigh, North Carolina. Proposals must be received no later than 1:00 pm on June 21, 2021 in order to be considered. Questions may be directed to the office of the Design/Construction Division Manager at 919-996-5575. To be published in the City of Raleigh on Monday, May 24, 2021. Richard Kelly, PE Engineering Services Director City of Raleigh 919-996-5575

mailto:Brian.Roth-Roffy@raleighnc.gov Request for Qualifications # 274-2021-03 Project Title: Roadway Design and Construction FY21 CIP Roadway Projects Issue Date: May 24, 2021 Due Date: June 21, 2021 at 1:00PM EST Issuing Department: Engineering Services Direct all inquiries concerning this RFQ to: Brian Roth-Roffy, PE Project Manager Email: brian.roth-roffy@raleighnc.gov 2 Table of Contents 1. Introduction ...............................................................................................3 1.1. Purpose ...........................................................................................3 1.2. Background ......................................................................................3 1.3. RFQ Timeline ...................................................................................4 1.4. Pre-Submittal Conference ................................................................4 1.5. Questions .........................................................................................5 1.6. Submittal Requirements and Contact Information ...........................5 1.7. Rights to Submitted Material ............................................................6 1.8. Communications ..............................................................................6 1.9. Lobbying ..........................................................................................6 1.10. Conflicts of Interest ..........................................................................6 1.11. Proposer Expenses .........................................................................7 1.12. Proposer Acceptance.......................................................................7 2. Qualifications Package ............................................................................9 2.1. Request for Qualifications Required Document Format ...................9 2.2. Hourly Rates .................................................................................. 10 2.3. Qualifications Package Documents ............................................... 10 3. Proposal Evaluation ............................................................................... 11 3.1. Evaluation Criteria ......................................................................... 11 3.2. Final Selection ............................................................................... 11 3.3. Notice to Proposers Regarding RFQ Terms & Conditions ............. 12 4. Scope of Services ................................................................................... 13 Appendix I Hourly Rate Schedule ................................................................. 18 Appendix II Proposer Questionnaire ............................................................ 19 Appendix III Reference Questionnaire .......................................................... 20 Appendix IV Contract Standard Terms & Conditions ................................. 23 Appendix V Exceptions to RFQ..................................................................... 32 Appendix VI Identification of MWBE Participation ..33 3 1 INTRODUCTION 1.1 Purpose The City of Raleigh (CoR) Engineering Services Department, Roadway Design and Construction Division is seeking one or more qualified firm(s) to provide design plans, right-of-way plats, and contract documents in support of the delivery of (2) two transportation projects. A detailed scope of services for the Lake Boone Trail Improvements and New Bern Bottleneck is provided in Section 4 of this solicitation. The City may choose to award the above projects individually or in any combination to the proposer(s) selected based on the evaluation of proposals, references, and interviews (if needed). Information related to this solicitation, including any addenda, will be posted to the North Carolina Interactive Purchasing System (IPS) at: https://www.ips.state.nc.us/IPS/ All questions related to this solicitation must be submitted in writing (via email) to the following individual: Contact Name Email Address Brian Roth-Roffy, PE Brian.roth-roffy@raleighnc.gov Questions submitted via telephone will not be answered. 1.2 Background The City of Raleigh, the Capital City of North Carolina, remains one of the fastest growing areas in the country. A great economy, top educational institutions, and exceptional health care facilities are some of the characteristics that attract people to the triangle area. The mild climate, diverse work force and proximity to Research Triangle Park combine to make Raleigh a great place to live. Raleigh is a 21st Century City of Innovation focusing on environmental, cultural, and economic sustainability. The City conserves and protects our environmental resources through best practice and cutting-edge conservation and stewardship, land use, infrastructure and building technologies. The City welcomes growth and diversity through policies and programs that will protect and enhance Raleighs existing neighborhoods, natural amenities, history, and cultural and human resources for future generations. The City leads to improve quality of life for neighborhoods and standard of living for all citizens. The City works with universities, colleges, citizens, and local partners to promote new technology, create new job opportunities, and encourage local businesses and entrepreneurs. The City enlists and prepares 21st Century staff with the skill sets to carry out the duties of the City through transparent civic engagement and by providing the very best customer service to our citizens. The City of Raleighs Engineering Services Department invites qualified professional services firms to provide design plans, right-of-way plats and contract documents for the https://www.ips.state.nc.us/IPS/ 4 Lake Boone Trail Improvements Project and the New Bern Bottleneck Project to be designed, permitted and constructed during the next three years (FY2022-FY2024). 1.3 RFQ Timeline Provided below is a list of the anticipated schedule of events related to this solicitation. The City of Raleigh reserves the right to modify and/or adjust the following schedule to meet the needs of the project. All times shown are Eastern Time (ET): 1.4 Pre-Submittal Conference In the event that the City of Raleigh elects to conduct a Pre-Submittal Conference or Site Visit, attendance by prospective proposers is strongly encouraged but is not mandatory. Prospective Proposers are encouraged to submit written questions in advance. 1.5 Questions Requests for clarification and questions to this RFQ must be received by the City not later than the date shown above in Section 1.3, entitled RFQ Timeline, for the submittal of written inquires. The firms failure to request clarification and submit questions by the date in the RFQ Timeline above shall be considered to constitute the firms acceptance of all Citys terms and conditions and requirements. The City shall issue addenda reflecting questions and answers to this RFQ, if any, and shall be posted to North Carolina Interactive Purchasing System (IPS). No information, instruction or advice provided orally or informally by any City personnel, whether made in response to a question or otherwise in connection with this RFQ, shall be considered authoritative or binding. Respondents shall be entitled to rely only on written material contained in an Addendum to this RFQ. It is important that all Respondents submitting to this RFQ periodically check the North Carolina Interactive Purchasing System (IPS) for any Addenda. It is the Respondents responsibility to ensure that all addenda have been reviewed and, if required signed and returned. 1.6 Submittal Requirements and Contact Information Proposals must follow the format as defined in Section 2 Qualifications Package and be addressed and submitted as follows: RFQ Process Date and time RFQ Advertisement Date May 24, 2021 Deadline for written questions June 7, 2021 (5:00 PM) City Response to Questions (anticipated) June 14, 2021 Submittal Due Date and Time June 21, 2021 (1:00 PM) Evaluation Meeting (anticipated) June 30, 2021 Interviews (if required) July 14, 2021 Selection Announcement (tentative) July 16, 2021 5 Proposals should be limited to 16 pages (front and back equals 2 pages, minimum font size of 11) excluding project approaches, resumes, and project schedules as described in section 2 of this letter. If you choose to provide a cover letter or advertising information, this will be included as part of your 16-page maximum. The only exception to this limit is if an additional Identification of MWBE Participation for Professional Services Form is required. Proposers must submit one (1) electronic version of the signed proposal. The electronic version of the Proposal must be submitted as a viewable and printable Adobe Portable Document File (PDF) to DC.Proposals@raleighnc.gov by email entitled Roadway Design and Construction - FY 2021 CIP Roadway Projects as an attachment of 10MB or less or with a digital download link to an FTP or file share site. Electronic versions must be received by the City on or before the RFQ date and time provided in Section 1.3. Proposals received after the RFQ deadline above will not be considered and will be returned unopened to the return address provided on the submission envelope. The City reserves the right to reject any or all proposals for any reason and to waive any informality it deems in its best interest. Any requirements in the RFQ that cannot be met must be indicated in the proposal. Proposers must respond to the entire Request for Qualifications (RFQ). Any incomplete proposal may be eliminated from competition at the discretion of the City of Raleigh. Submittals that arrive after the due date and time will not be accepted or considered for any reason whatsoever. If the Firm elects to mail in its response, the Firm must allow sufficient time to ensure the Citys proper receipt of the package by the time specified in Section 1.3 RFQ Timeline. Regardless of the delivery method, it is the responsibility of the Firm to ensure that their response arrives at the designated location specified in this Section by the due date and time specified in Section 1.3 RFQ Timeline. 1.7 Rights to Submitted Material All proposals and supporting materials, as well as correspondence relating to this RFQ, shall become the property of the City. The content of all submittals will be held confidential until the selection of the firm is made. Proposals will be reviewed by the Evaluation Team, as well as other City staff and members of the general public who submit public record requests. Any proprietary data must be clearly marked. In submitting a Proposal, each Prospective Proposer agrees that the City may reveal any trade secret materials contained in such response to all City staff and City officials involved in the selection process and to any outside consultant or other third party who serves on the Evaluation Team or who is hired by the City to assist in the selection process. Proposals marked entirely as confidential, proprietary, or trade secret will be considered non-responsive and will be removed from the evaluation process. 1.8 Communications All communications of any nature regarding this RFQ with any City staff, elected City officials, evaluation committee members are strictly forbidden from the time the solicitation is publicly posted until award. Questions must be submitted in writing to the individual designated in Section 1.1. prior to the deadline provided in Section 1.3. mailto:DC.Proposals@raleighnc.gov 6 Violation of this provision may result in the firms proposal being removed from consideration. 1.9 Lobbying By responding to this solicitation, the firm certifies that is has not and will not pay any person or firm to influence or attempt to influence an officer or employee of the City or the State of North Carolina, or any elected official in connection with obtaining a contract as a result of this RFQ. 1.10 Conflicts of Interest City of Raleigh contracts are controlled by three conflict of interest provisions. First, federal procurement standards provide in 2 CFR 200.318 (c)(1), No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Similarly, the North Carolina General Statutes provides a criminal statute for conflicts of interest in public contracting. N.C.G.S. 14-234(a): (1) No public officer or employee who is involved in making or administering a contract on behalf of a public agency may derive a direct benefit from the contract except as provided in this section, or as otherwise allowed by law. (2) A public officer or employee who will derive a direct benefit from a contract with the public agency he or she serves, but who is not involved in making or administering the contract, shall not attempt to influence any other person who is involved in making or administering the contract. (3) No public officer or employee may solicit or receive any gift, favor, reward, service, or promise of reward, including a promise of future employment, in exchange for recommending, influencing, or attempting to influence the award of a contract by the public agency he or she serves. City of Raleigh Charter Section 3.9 regulates private transactions between the City and its officials and employees. The Charter states: "No member of the City Council, official, or employee of the City of Raleigh shall be financially interested, or have any personal beneficial interest, either directly or indirectly, as agent, representative, or otherwise, in the purchase of, or contract for, or in furnishing any materials, equipment or supplies to the City of Raleigh, nor shall any official or employee of the City of Raleigh accept or receive, or agree to accept or receive, directly or indirectly, from any person, firm or corporation to whom any contract may be awarded or from whom any materials, equipment or supplies may 7 be purchased by the City of Raleigh, by rebate, gift, or otherwise, any money or anything of value whatsoever, or any promise, obligation or contract for future reward or compensation, for recommending or procuring the uses of any such materials, equipment or supplies by the City of Raleigh; no member of the City Council, official or employee of the City of Raleigh shall for his own personal benefit operate, directly or indirectly, any concession in any building or on any lands of the City of Raleigh, nor shall any official or employee of the City of Raleigh bid for or be awarded any contract granting concessionary rights of any nature or kind from the City of Raleigh; it shall be unlawful for any member of the City Council, official or employee of the City of Raleigh to bid for or to purchase or to contract to purchase from the City of Raleigh any real estate, equipment, materials, or supplies of any nature or kind whatsoever, either directly or indirectly, at either public or private sale, either singly, or through or jointly with any other person. 1.11 Proposer Expenses The City of Raleigh will not be responsible for any expenses incurred by any Firm in the development of a response to this Request for Qualifications or any other activities associated with this procurement including but not limited to any onsite (or otherwise) interviews and/or presentations, and/or supplemental information provided, submitted, or given to City of Raleigh and/or its representatives. Further, the City of Raleigh shall reserve the right to cancel the work described herein prior to issuance and acceptance of any contractual agreement/purchase order by the recommended Firm even if the awarding authority for each entity has formally accepted a recommendation. 1.12 Proposer Acceptance Submission of any proposal indicates a Proposers acceptance of the conditions contained in this RFQ unless clearly and specifically noted otherwise on Appendix V, Exceptions to RFQ and submitted with proposal. The City of Raleigh has the sole discretion and reserves the right to cancel this RFQ, and to reject any and all proposals, to waive any and all informalities and/or irregularities, if it is deemed to be in the City of Raleighs best interests to do so. The City of Raleigh reserves the right to accept or reject any or all of the items in the proposal, and to award the contract in whole or in part and/or negotiate any or all items with individual Firms if it is deemed in the City of Raleighs best interest. Moreover, the City of Raleigh reserves the right to make no selection if proposals are deemed not in the best interest of the City of Raleigh. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 8 2 QUALIFICATIONS PACKAGE Responses must follow the format outlined below. The City may reject as non- responsive at its sole discretion any submittal that does not provide complete and/or adequate responses or departs in any substantial way from the required format. 2.1 Request for Qualifications Required Document Format Responses should be divided using tabs to separate each section, listed sequentially as follows: Tab 1: Cover Letter Provide an introduction letter summarizing the unique qualifications of your firm to meet the needs of this request and indicate which or both projects your firm would like to be considered for. This letter should be presented on the firms official letterhead and signed by an authorized representative who has the authority to enter into a contract with the City on behalf of the firm. Include the name, address, telephone and email address of the individual who serves as the point of contact for this solicitation. Tab 2: Corporate Background and Experience Include background information on the firm and provide detailed information regarding the firms experience with similar projects. Provide a list of all similar contracts performed in the past 5 number of years, accompanied by at least 3 references (contact persons, firm, telephone number and email address). Include the total amount invoiced for each listed project, the length of the project, and list of personnel involved in the project who are also proposed for the subject project named in this solicitation. Failure to provide a list of all similar contracts in the specified period may result in the rejection of the firms proposal. The evaluation team reserves the right to contact any or all listed references, and to contact other public entities regarding past performance on similar projects. Tab 3: Financial Information Include a certified, signed statement from a licensed CPA regularly engaged in the review of the firms financial information verifying the financial viability of the firm. All financial information, statements and/or documents provided in response to this solicitation shall be kept confidential provided that EACH PAGE is marked as follows: CONFIDENTIAL DO NOT DISCLOSE EXCEPT FOR THE EXPRESS PURPOSE OF PROPOSAL EVALUATION. Recent shall be defined as financial statements that were prepared within the 12 months preceding the issuance date of this RFQ. Consolidated financial statements of the Proposers parent or related corporation/business entity will not be considered, unless: (1) the Proposers actual financial performance for the designated period is separately identified in and/or attached to the consolidated statements; (2) the parent or related corporation/business entity provides the State with a document wherein the parent or related 9 corporation/business entity will be financially responsible for the Proposers performance of the contract and the consolidated statement demonstrates the parent or related corporations/business entitys financial ability to perform the contract, financial stability and/or such other financial considerations identified in the evaluation criteria; and/or (3) Proposer provides its own internally prepared financial statements and such other evidence of its own financial stability identified above. The firms failure to provide any of the above-referenced financial statements may result in the proposal being removed from consideration. Proposers are also encouraged to explain any negative financial information, and to provide documentation supporting those explanations and demonstrating the financial strength of the firm. Tab 4: Project Understanding, Approach and Schedule Provide a comprehensive narrative, outline, and/or graph demonstrating the firm's understanding and approach to accomplishing the tasks outlined in the Scope of Work section of this RFQ. A description of each task and deliverable and the schedule for accomplishing each shall be included. Tab 5: Team Firm, Experience and Certifications/Qualifications This section must include the proposed staffing, deployment and firm of personnel to be assigned to this project. The Proposer shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. A project-specific firm chart which clearly illustrates the roles, responsibilities, and the reporting relationships of each team member should be included. Tab 6: MWBE Participation This section must include the Identification of MWBE Participation for Professional Services Form included in Appendix VI of this document. If more than 3 MWBE firms are identified, and additional page can be included in the proposal for additional firms. Percentages are not required for each firm, but an overall MWBE Participation percentage shall be included on this form. 2.2 Hourly Rates This solicitation is being issued in accordance with NCGS 143-64.31, otherwise known as the Mini-Brooks Act, and therefore price cannot and will not be a determining factor in the selection of the successful contractor. One copy of the hourly rates for all proposed project personnel should be enclosed in a separate, sealed envelope. 2.3 Qualifications Package Documents This RFQ is comprised of the base RFQ document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFQ in advance of any Contract award are incorporated herein by reference. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 10 3 PROPOSAL EVALUATION 3.1 Evaluation Criteria This is not a bid. There will not be a public opening. Proposals will be evaluated based solely on the following criteria: Criteria (a) Weight (b) Score (0-3) (a) x (b) Weighted Score Firm Experience & Previous Work Quality 30% Project Approach 30% Team Experience 30% MWBE Participation 10% Final Score Score Points 0- Missing or Does Not Meet Expectation 2- Meets Expectation 1- Partially Meets Expectation 3- Exceeds Expectation It is a City policy to provide minority and women owned businesses (MWBE) equal opportunity to participate in in City contracts and procurement programs. The City has a goal of 15% MWBE Participation in all contracts. MWBE Participation will be scored based on the overall percentage of Professional Services work to be completed by MWBE firms. Please refer to the following table for a tiered scoring system based on the point descriptions above: MWBE Participation Point Score 0% 0 0.1% - 7.49% 1 7.5% -14.99% 2 15% 3 3.2 Final Selection Proposals will be reviewed after opening and will be ranked in order of choice, at which point contract negotiations will begin with the most qualified firm. If negotiations are unsuccessful, the City will then pursue negotiations with the next most qualified firm. 11 The City shall not be bound or in any way obligated until both parties have executed a contract. The City also reserves the right to delay the award of a contract or to not award a contract. The general conditions and specifications of the RFQ, including the Contractors fee proposal, and/or written correspondence applicable to the RFQ, may become part of the contract documents. Failure of the awarded Contractor to perform as represented may result in contract cancellation. 3.3 Notice to Proposers Regarding RFQ Terms and Conditions It shall be the Proposers responsibility to read the Instructions, the Citys terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFQ, and to comply with all requirements and specifications provided herein. Proposers are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFQ.CONTRACT TERM The Contract shall have an initial term of 3 years, beginning on the date of the Contract award (the Effective Date). At the end of the Contracts current term, the City shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to a total of 2 additional one-year terms. The City will give the Contractor written notice of its intent whether to exercise each option no later than 180 days before the end of the Contracts then-current term. In addition, the City reserves the right to extend a contract term for a period of up to 180 days in 90-day-or-less increments. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 12 4 SCOPE OF SERVICES The Lake Boone Trail Project has and the New Bern Bottleneck Project is anticipated to receive partial construction federal-funding. Although the project design is being fully funded by the City of Raleigh, the partial federal funding element for construction requires the design to be reviewed and coordinated through the NCDOT Division Office in accordance with the Capital Area MPO Locally Administered Projects Program (LAPP). All federally funded projects must include NEPA documents such as Categorical Exclusions (CE) that are to be reviewed and approved. Right of way certification and construction authorization will be required prior to letting bids for construction. Once finalized, a municipal agreement between the City and NCDOT will provide strict milestone dates for the projects that will need to be met by the selected firm in order to meet the federal obligation date for construction. The Lake Boone Trail Improvement project is a complete street improvement from WB I-440 ramps to Ridge Road which includes but not limited to a road diet to convert the 4 lane undivided typical section to a 2 lane divided with median turn lane, pavement maintenance, geometric improvements to prevent off tracking at EB I-440 off ramp, signal modifications, bike/pedestrian improvements, and a new median refuge crossing at Horton Street. It is not anticipated that any Right of Way is required for the improvements and design should avoid any acquisitions if possible, to minimize schedule impacts. All services as described must be completed and approved by all permitting agencies by July 31, 2022 in order to meet the September 30, 2022 Construction Authorization Deadline. The New Bern Bottleneck project will widen EB New Bern Avenue from two lanes to three between Freedom Dr and Patriot Dr. This project also includes but not limited to box culvert extension and permitting (if required), signal improvements, and new curb and gutter, sidewalk, and drainage improvements on both sides of New Bern within the project limits that do not have existing facilities. New sidewalks will be connected to existing facilities, adjacent developments, and future transit stops. Signal improvements at the Freedom Dr/Hedingham Blvd Intersection are to allow for pedestrian crossings on all four legs including pedestrian refugee in the New Bern Ave median. It is anticipated that new right-of-way/easements will be acquired as part of the project. All services as described must be completed and approved by all permitting agencies by July 31, 2023 in order to meet the anticipated September 30, 2023 Construction Authorization Deadline. The scope of services includes design of all necessary improvements for the proposed project, as described herein, needed to prepare construction plans, contract documents and technical specifications for procurement of the contractor, equipment and materials necessary to construct the facility. 1) Field surveys and property/right-of-way surveys including necessary research at the Register of Deeds Office, and the City of Raleigh Planning Department. 2) Assist City staffs consultation with individual property owners on design, 13 location, and/or access questions. This may include preparation of exhibits to clarify unique design issues related to certain properties, as needed, to facilitate negotiations for right of way/easement acquisition. 3) Mapping, reports, presentation materials (Microsoft PowerPoint), assistance with survey questionnaires and summaries, and attendance at two neighborhood public meetings, a City Manager Meeting, a City Council presentation (if required), Bicycle and Pedestrian Advisory Commission, Appearance Commission (if required), and Committee Meetings (if required) to approve the project for construction. It is anticipated the consultant will provide project maps and typical sections showing alternatives of the proposed conceptual designs during the Pre-Design (0%) public meeting, prepare a design that will be approximately 25% complete for the Design public meeting, and approximately 65% complete for the Council presentation (if required). The design must have progressed to a point that all easement needs can be reproduced on a right-of-way plat for easement acquisition before or no later than Council Presentation date. 4) Computerized visualization/3-D modeling of design information suitable for use at public input opportunities as well as for placement on the Citys project web sites. 5) Public communication services, including coordination of regular updates to project design and schedule information with City staff. 6) Research, design, preparation of construction and environmental documents, and the coordination of associated reviews, submittals, and approvals required by Federal and/or State permitting agencies. These may include, but are not limited to, NCDOT, USACE, and NC DEQ, and the compliance with Neuse River Riparian Buffer rules, as required. NEPA/CE Documents shall be required as part of the environmental documents for approval. It should be noted that these projects are within an NCDOT maintained interchanges or corridor and as such any work along the corridor within the state-maintained rights of way will require permitting through NCDOT. NCDOT shall review and approve all plans and documentations as part of the LAPP requirements (in addition to City of Raleigh Development Services). 7) Construction drawings along project corridor and intersecting streets, including, but not limited to: Title Sheet/Legend/Sheet Index Project Notes Background planimetrics of existing elements Roadway plan/profiles, including sidewalk installation and/or replacement Structural Plans, as applicable Grading Plans Sedimentation and Erosion Control (S&EC) plans Drainage and/or Stormwater Management plans, as applicable Pavement Marking/Signage Plans Traffic Control and Pedestrian Control Plans 14 Utility conflict/relocation plans, including coordination with private utilities Traffic Signal/Pedestrian Signal Plans Street Lighting Plans (coordinated with Duke Progress), if required. Landscaping Plans Hardscaping Plans, as applicable Construction details 8) Assist the City with coordination efforts for major stakeholders along the corridor, as needed. 9) Traffic and pedestrian signalization changes, as needed to accommodate road diet. 10) Coordination of reviews with public/private utilities and development of necessary easement requirements based upon existing and proposed changes by each utility. This coordination should include possible new water/sewer design and/or adjustment of existing facilities. Coordination of street lighting design and/or adjustments to existing facilities will require coordination with Duke Progress. 11) Geotechnical investigation to provide data on the quality of native soils, rock and for use in providing subgrade and pavement design recommendations. 12) Subsurface utility engineering (SUE) work, including the ability to apply for and receive approval to perform street cuts for test holes per Raleigh Municipal Code section 11-6001 Permit and regulations for working in, upon, over, under or adjacent to the streets and sidewalks which includes providing a minimum $5,000 bond for street cuts. 13) Structural design for bridge, culvert, and/or retaining structures, if applicable. 14) Analyze feasibility along the corridor for potential opportunities for Low Impact Design (LID) measures/Best Management Practices (BMPs), and incorporate into the stormwater design plans. 15) Using latest traffic volumes, conduct intersection capacity analysis as necessary to evaluate alternate designs for improvements along the corridor. 16) Temporary and permanent traffic and pedestrian control plans shall utilize current MUTCD guidelines, including permanent pavement markings/signage plans. The signal plans must be suitable for NCDOT review and approval where applicable. 17) Preparation of final right-of-way exhibits or plats suitable for recording at the Wake County Register of Deeds office. Survey stakeout of proposed rights-of- way and easements necessary for use in property acquisition negotiations, if applicable. 18) Preparation of final contract documents and technical specifications, including itemized bid proposal, and final engineers estimate. Documents shall be in conformance with NCDOT standards for Local Government Agency (LGA) Projects. Firm shall attend 1 pre-bid meeting and assist City staff with response to contractors questions related to the project and/or preparation of addenda prior to bid opening. City staff will maintain the bidders list, issuance of 15 addenda, and conduct the bid opening. The consultant will be responsible for preparation of final bid tabulation. 19) Attend pre-construction meeting to assist City staff with any technical questions related to construction drawings and/or contract. 20) Review/approve shop drawing submittals from Contractor, if applicable. 21) Construction administration services. Although this service is not currently anticipated for inclusion in the initial design services agreement to be entered into for this project, the City may desire these services added as a supplement to the agreement. 16 Lake Boone Trail Improvements Project Information Project Location: Lake Boone Trail, WB I-440 Ramps to Ridge Road Roadway Classification: 2-Lane Divided Existing Typical Section: 4-lane Undivided with 5-lane at both signalized intersection at project termini, and sidewalks. Proposed Typical Section: 2-lane divided with median turn lane, dedicated on street bike lanes, and sidewalks. Existing Right-of-Way: Varies, 60 foot minimum Proposed Right-of-Way: Unchanged Design Speed: 35 mph Average Daily Traffic: ~7,500 10,000 Average Annual Vehicles per Day Major Structures: None Traffic Control During Construction: Maintain two-way traffic, lane closures expected Displacements: None expected Level of Public Involvement: Public involvement will focus on process (in terms of the project status and impact) and design details for three stages of public input. Railroad Involvement: None Other Projects in Area: NCDOT Project I-5997 on I-440 between Wade Avenue and Wake Forest Road. COR sidewalk project along Lake Boon Trl approximately 0.5 miles west of I-440, but none within the Project Limits at this point in time. Additional Comments: NCDOT shall review and approve all plans and documentation as part of the LAPP requirements in addition to City of Raleigh Development Services. Existing Conditions Survey is anticipated to be completed by the City prior to being under contract. There are two areas within project limits with known subgrade issues which will need to be explored along with pavement recommendations. Project will require either a Type I(A) or II(A) Environmental Categorical Exclusion. Federal and NC DEQ permits are not anticipated for this project based on the location and scope that minimizes ground disturbance activities and modifications to areas outside of the operational rights of way. Minimal utility coordination will be required. 17 New Bern Bottleneck Project Information Project Location: New Bern Avenue, ~700 West of the Freedom Dr/Hedingham Blvd Intersection to ~200 East of Patriot Dr. Roadway Classification: 6-Lane Divided Avenue Existing Typical Section: 6-Lane Divided with the exception of a ~500 length segment of a 2 lane EB bottleneck between Freedom Dr and Patriot Dr. There are currently minimal sidewalks north of New Bern Ave. Proposed Typical Section: Full 6-Lane Divided with sidewalks on both sides of New Bern Ave within Project Limits Existing Right-of-Way: Varies, 140 minimum Proposed Right-of-Way: Additional ROW and easements expected for expansion of sidewalk facilities. Design Speed: 45 mph Average Daily Traffic: ~33,500 Average Annual Vehicles per Day Major Structures: Box Culvert [NCDOT ID E2159] Traffic Control During Construction: Maintain two lanes of EB traffic. Displacements: None expected Level of Public Involvement: Public involvement will focus on process (in terms of the project status and impact) and design details for three stages of public input. Railroad Involvement: None Other Projects in Area: TD-4912 Go Raleigh Transit Project and proposed BRT improvements along New Bern Corridor. Additional Comments: NCDOT shall review and approve all plans and documentation as part of the LAPP requirements in addition to City of Raleigh Development Services. Environmental Documents including Categorical Exclusion Type II(A) or II(B) are anticipated, as well as coordination and permitting with USACE and NCDEQ for USGS stream modifications and land disturbance activities. Utility Coordination will be required. 18 APPENDIX I HOURLY RATE SCHEDULE Awarded Contractor shall perform the services to be performed as set forth in this RFQ and more particularly described in Section 5 utilizing the following hourly rate schedule below. Position Title Hourly Rate Firm Name: ____________________________________________________________ Authorized Signature: _________________________________Date_______________ Signed by: _____________________________________________________________ [Type or Print Name] Title of Signer: __________________________________________________________ 19 APPENDIX II PROPOSER QUESTIONNAIRE The following questions must be answered, and data given must be clear and comprehensive. If necessary, questions may be answered on separate sheets. The Proposer may submit any additional information desired. Company Name: d/b/a (if applicable) Street / PO Box: City: State: Zip: Phone: Fax: E-Mail: Website (if applicable): Sole Proprietor Partnership Corporation Other Number of years in business under companys present name: Fed Tax ID #: DUNS # Are you certified with the North Carolina Secretary of State to conduct business (if required)? (Check One) YES: NO: Not Applicable: Are you properly licensed/certified by the Federal and/or State of North Carolina to perform the specified work? YES: NO: Not Applicable: ATTACH COPY OF ALL APPLICABLE LICENSING/CERTIFICATION DOCUMENTS Are/will you be properly insured to perform the work? YES: NO: Contact for this Contract: Title: Phone: Fax: E-Mail: Have you ever defaulted or failed on a contract? (If yes, attach details) YES: NO: List at least three (3) references for which you have provided these services (same scope/size) in the past three years - preferably government agencies. Do not include City of Raleigh as a reference to meet the requirement of listing at least (3) references. PROPOSERS ARE RESPONSIBLE FOR SENDING REFERENCE QUESTIONNAIRE (APPENDIX III) TO THEIR REFERENCES. 1. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 2. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 3. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 4. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 5. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: The undersigned swears to the truth and accuracy of all statements and answers contained herein: Authorized Signature: Date: 20 APPENDIX III City of Raleigh Roadway Design and Construction - FY21 CIP Roadway Projects Reference Questionnaire The City of Raleigh, as a part of the RFQ, requires proposing companies to submit a minimum of three (3) business references as required within this document. The purpose of these references is to document the experience relevant to the scope of services and provide assistance in the evaluation process. The Proposer is required to send the reference form (the following two pages) to each business reference listed on Proposer Questionnaire. The business reference, in turn, is requested to submit the Reference Form directly to the City of Raleigh Point of Contact identified on the Reference Questionnaire form for inclusion in the evaluation process. The form and information provided will become a part of the submitted proposal. The business reference may be contacted for validation of the response. It is the Proposers responsibility to verify their references have been received by the City of Raleigh Point of Contact by the date indicated on the reference form. 21 City of Raleigh 274-2021-03 Roadway Design and Construction - FY21 CIP Roadway Projects REFERENCE QUESTIONNAIRE _______________________________________________________________ (Name of Business Requesting Reference) This form is being submitted to your company for completion as a business reference for the company listed above. This form is to be returned to the City of Raleigh, Brian Roth-Roffy, PE via email to DC.proposals@raleighnc.gov no later than 1:00 p.m. ET, June 21, 2021 and MUST NOT be returned to the company requesting the reference. For questions or concerns regarding this form, please contact the City of Raleigh, Point of Contact above. Company Providing Reference Contact Name and Title/Position Contact Telephone Number Contact Email Address Questions: 1. In what capacity have you worked with this company in the past? If the company was under a contract, please acknowledge and explain briefly whether or not the contract was successful. Comments: 2. How would you rate this companys knowledge and expertise? 3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable Comments: 3. How would you rate the companys flexibility relative to changes in the scope and timelines? 3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable Comments: 4. What is your level of satisfaction with hard-copy materials, e.g. reports, logs, etc. produced by the company? 3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable Comments: mailto:DC.proposals@raleighnc.gov 22 5. How would you rate the dynamics/interaction between the company and your staff? 3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable Comments: 6. Who were the companys principle representatives involved in providing your service and how would you rate them individually? Would you comment on the skills, knowledge, behaviors or other factors on which you based the rating? (3= Excellent; 2= Satisfactory; 1= Unsatisfactory; 0= Unacceptable) Name: Rating: Name: Rating: Name: Rating: Name: Rating: Comments: 7. With which aspect(s) of this companys services are you most satisfied? Comments: 8. With which aspect(s) of this companys services are you least satisfied? Comments: 9. Would you recommend this companys services to your organization again? Comments: _________________________________________________________________________ _____________________________________ 23 APPENDIX IV CONTRACT STANDARD TERMS AND CONDITIONS The contract terms provided herein shall become a part of any contract issued as a result of this solicitation. Any exceptions to the contract terms must be stated in the submittal. Any submission of a proposal without objection to the contract terms indicates understanding and intention to comply with the contract terms. If there is a term or condition that the firm intends to negotiate, it must be stated in the proposal. The successful firm will not be entitled to any changes or modifications unless they were first stated in the proposal. The City of Raleigh reserves the right, at its sole discretion, to reject any or all submittal package(s) containing unreasonable objections to standard City of Raleigh contract provisions. 1. Compensation; Time of Payment The standard City of Raleigh payment term is NET 30 days from the date of invoice. For prompt payment all invoices should be emailed to (accountspayable@raleighnc.gov) or mail to the City of Raleigh, Accounts Payable, PO Box 590, Raleigh, North Carolina 27602-0590. All invoices must include the Purchase Order Number. Invoices submitted without the correct purchase order number will result in delayed payment. 2. Standard of Care Engineer shall perform for or furnish to City professional engineering and related services in all phases of the project to which this Contract applies as hereinafter provided. Engineer shall serve as City's prime design professional and engineering representative for the project providing professional engineering consultation and advice with respect thereto. Engineer may employ such Engineer's Consultants as Engineer deems necessary to assist in the performance or furnishing of professional engineering and related services hereunder. Engineer shall not be required to employ any Engineer's Consultant unacceptable to Engineer. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Contract will be the care and skill ordinarily used by members of Engineers profession practicing under similar conditions at the same time and in the same locality. 3. Opinions of Probable Construction Cost Engineers opinions of probable Construction Cost provided for herein are to be made on the basis of Engineers experience and qualifications and represent Engineers best judgment as an experienced and qualified professional engineer generally familiar with the construction industry. However, since Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractors methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from mailto:accountspayable@raleighnc.gov 24 opinions of probable Construction Cost prepared by the Engineer. If the City wishes greater assurance as to probable Construction Cost, City may employ an independent cost estimator. 4. Notices All notices, requests for payment, or other communications arising hereunder shall be sent to the following: City of Raleigh Engineer Attn: Brian Roth-Roffy, PE Telephone: 314-596-7360 P.O. Box 590 Raleigh, NC 27602 5. Non-Discrimination To the extent permitted by North Carolina law, the parties hereto for themselves, their agents, officials, employees and servants agree not to discriminate in any manner on the basis of race, color, creed, national origin, sex, age, handicap, or sexual orientation with reference to the subject matter of this Contract. The parties further agree, to the extent permitted by law, to conform with the provisions and intent of City of Raleigh Ordinance 1969-889, as amended. This provision is hereby incorporated into this Contract for the benefit of the City of Raleigh and its residents, and may be enforced by action for specific performance, injunctive relief, or other remedy as provided by law. This provision shall be binding on the successors and assigns of the parties with reference to the subject matter of this Contract. 6. Minority and Women Owned Business Enterprise The City of Raleigh prohibits discrimination in any manner on the basis of race, color, creed, national origin, sex, age or handicap or sexual orientation and will pursue an affirmative policy of fostering, promoting and conducting business with women and minority owned business enterprises. The City of Raleigh encourages participation by certified minority and women-owned businesses. If there are any questions, Contact the MWBE Program Manager, PO BOX 590 Raleigh, NC 27602, mwbe@raleighnc.gov, or 919-996-4330. 7. Assignment Neither the City nor the Engineer will assign, sublet, or transfer their interest, duties, or obligations hereunder without the prior written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto, nor shall it create any rights or benefits to parties other than the City and the Engineer, except such other rights as may be specifically called for herein. 8. Applicable Law All matters relating to this Contract shall be governed by the laws of the State of North Carolina, without regard to its choice of law provisions, and venue for any action relating to this Contract shall be Wake County Civil Superior Court or the mailto:mwbe@raleighnc.gov 25 United States District Court for the Eastern District of North Carolina, Western Division. 9. Insurance Contractor agrees to maintain, on a primary basis and at is sole expense, at all times during the life of this Contract the following coverages and limits. The requirements contained herein, as well as Citys review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this Contract. Commercial General Liability Combined single limit of no less than $1,000,000 each occurrence and $2,000,000 aggregate. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. Automobile Liability Limits of no less than $1,000,000 Combined Single Limit. Coverage shall include liability for Owned, Non-Owned and Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Auto Liability policy. Automobile coverage is only necessary if vehicles are used in the provision of services under this Contract and/or are brought on a COR site. Workers Compensation & Employers Liability Contractor agrees to maintain Workers Compensation Insurance in accordance with North Carolina General Statute Chapter 97 with statutory limits and employees liability of no less than $1,000,000 each accident. Additional Insured Contractor agrees to endorse the City as an Additional insured on the Commercial General Liability, Auto Liability and Umbrella Liability if being used to meet the standard of the General Liability and Automobile Liability. The Additional Insured shall read City of Raleigh is named additional insured as their interest may appear. Certificate of Insurance Contractor agrees to provide COR a Certificate of Insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and Certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available, by Contractors insurer. If Contractor receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Contractor agrees to notify the City within five (5) business days with a copy of the non-renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. The Certificate Holder address should read: City of Raleigh Post Office Box 590 26 Raleigh, NC 27602-0590 Umbrella or Excess Liability Contractor may satisfy the minimum liability limits required above under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability, however, the Annual Aggregate limits shall not be less than the highest Each Occurrence limit for required policies. Contractor agrees to endorse City of Raleigh as an Additional Insured on the Umbrella or Excess Liability, unless the Certificate of Insurance states the Umbrella or Excess Liability provides coverage on a Follow-Form basis. Professional Liability Limits of no less than $1,000,000 each claim. This coverage is only necessary for professional services such as engineering, architecture or when otherwise required by the City. All insurance companies must be authorized to do business in North Carolina and be acceptable to the City of Raleighs Risk Manager. 10. Indemnity a. To the fullest extent allowed by law, the Engineer shall indemnify and hold harmless the City, its officers, officials, employees, agents, or indemnities (collectively called Indemnified Parties) from and against those Losses, liabilities, damages, and costs proximately caused by, arising out of, or resulting from the sole negligence of the Engineer, the Engineers agents, or the Engineers employees. b. In matters other than those covered by subsection 13.A. above, and to the fullest extent allowed by law, the Engineer shall indemnify and hold harmless the Indemnified Parties from and against those Losses, liabilities, damages, and costs caused by, arising out of, resulting from, or in connection with the execution of the work provided for in this contract when the Fault of the Engineer or its Derivative Parties is a proximate cause of the Loss, liability, damage, or expense indemnified. c. Costs and expenses shall include attorneys fees, litigation or arbitration expenses, or court costs actually incurred by the Indemnified Parties to defend against third-party claims alleged in any court, tribunal, or alternative dispute resolution procedure required of any of the Indemnified Parties by law or by contract, only if the Fault of the Engineer or its Derivative Parties is a proximate cause of the attorneys fees, litigation or arbitration expenses, or court costs to be indemnified. d. Only to the extent provided pursuant to a policy of insurance, the Engineer shall defend the Indemnified Parties against claims alleged in any court, tribunal, or alternative dispute resolution procedure if the Fault of the Engineer or its Derivative Parties is a proximate cause of such claims. 27 e. The Engineers duty to indemnify, defend, and hold harmless described hereinabove shall survive the termination or expiration of this Contract. f. Definitions: i. For the purposes of this Section 13, the term Fault shall mean any breach of contract; negligent, reckless, or intentional act or omission constituting a tort under applicable statutes or common law; or violation of applicable statutes or regulations. ii. For the purposes of this Section 13, the term Loss or Losses shall include, but not be limited to, fines, penalties, and/or judgments issued or levied by any local, state, or federal governmental entity. iii. For the purposes of this Section 13, the term Derivative Parties shall mean any of the Engineers subcontractors, agents, employees, or other persons or entities for which the Engineer may be liable or responsible as a result of any statutory, tort, or contractual duty. 11. Intellectual Property Any information, data, instruments, documents, studies, reports or deliverables given to, exposed to, or prepared or assembled by the Engineer under this Contract shall be kept as confidential proprietary information of the City and not divulged or made available to any individual or organization without the prior written approval of the City. Such information, data, instruments, documents, studies, reports or deliverables will be the sole property of the City and not the Engineer. The Engineer shall maintain the right of reuse to any drawings or specifications provided or furnished by the Engineer. The City acknowledges that such drawings or specifications are not intended or represented to be suitable for reuse by the City or others on extensions of the project or on any other project. All intellectual property, including, but not limited to, patentable inventions, patentable plans, copyrightable works, mask works, trademarks, service marks and trade secrets invented, developed, created or discovered in performance of this Contract shall be the property of the City. Copyright in and to any copyrightable work, including, but not limited to, copy, art, negatives, photographs, designs, text, software, or documentation created as part of the Engineers performance of this project shall vest in the City. Works of authorship and contributions to works of authorship created by the Engineers performance of this project are hereby agreed to be works made for hire within the meaning of 17 U.S.C. 201. 28 12. Force Majeure Except as otherwise provided in any environmental laws, rules, regulations or ordinances applicable to the parties and the services performed under this Contract, neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign actions, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Either party to the Contract must take reasonable measures and implement reasonable protections when a weather event otherwise defined as a force majeure event is forecast to be eligible to be excused from the performance otherwise required under this Contract by this provision. 13. Advertising The Engineer shall not use the existence of this Contract, or the name of the City of Raleigh, as part of any advertising without the prior written approval of the City. 14. Cancellation The City may terminate this Contract at any time by providing thirty (30) days written notice to the Engineer. In addition, if Engineer shall fail to fulfill in timely and proper manner the obligations under this Contract for any reason, including the voluntary or involuntary declaration of bankruptcy, the City shall have the right to terminate this Contract by giving written notice to the Engineer and termination will be effective upon receipt. Engineer shall cease performance immediately upon receipt of such notice. In the event of early termination, Engineer shall be entitled to receive just and equitable compensation for costs incurred prior to receipt of notice of termination and for the satisfactory work completed as of the date of termination and delivered to the City. Notwithstanding the foregoing, in no event will the total amount due to Engineer under this section exceed the total amount due Engineer under this Contract. The Engineer shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract, and the City may withhold any payment due to the Engineer for the purpose of setoff until such time as the City can determine the exact amount of damages due the City because of the breach. Payment of compensation specified in this Contract, its continuation or any renewal thereof, is dependent upon and subject to the allocation or appropriation of funds to the City for the purpose set forth in this Contract. 15. Laws/Safety Standards The Engineer shall comply with all laws, ordinances, codes, rules, regulations, safety standards and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and/or authority. 29 Engineer must comply with North Carolina Occupational Safety and Health Standards for General Industry, 29CFR 1910. In addition, Engineer shall comply with all applicable occupational health and safety and environmental rules and regulations. Engineer shall effectively manage their safety and health responsibilities including: a. Accident Prevention Prevent injuries and illnesses to their employees and others on or near their job site. Contractor managers and supervisors shall ensure personnel safety by strict adherence to established safety rules and procedures. b. Environmental Protection Protect the environment on, near, and around their work site by compliance with all applicable environmental regulations. c. Employee Education and Training Provide education and training to all contractors employees before they are exposed to potential workplace or other hazards as required by specific OSHA Standards. 16. Applicability of North Carolina Public Records Law Notwithstanding any other provisions of this Contract, this Contract and all materials submitted to the City by the Engineer are subject to the public records laws of the State of North Carolina and it is the responsibility of the Engineer to properly designate materials that may be protected from disclosure as trade secrets under North Carolina law as such and in the form required by law prior to the submission of such materials to the City. Engineer understands and agrees that the City may take any and all actions necessary to comply with federal, state, and local laws and/or judicial orders and such actions will not constitute a breach of the terms of this Contract. To the extent that any other provisions of this Contract conflict with this paragraph, the provisions of this section shall control. 17. Miscellaneous The Engineer shall be responsible for the proper custody and care of any property furnished or purchased by the City for use in connection with the performance of this Contract, and will reimburse the City for the replacement value of its loss or damage. The Engineer shall be considered to be an independent contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. Nothing herein is intended or will be construed to establish any agency, partnership, or joint venture. Engineer represents that it has, or will secure at its own expense, all personnel required in performing the services under this Contract. Such employees shall not be employees of or have any individual contractual relationship with the City. 30 This Contract may be amended only by written agreement of the parties executed by their authorized representatives. 18. Right of Audit and Examination of Records a. The City may conduct an audit of any services performed and fees paid subject to this Contract. The City, or its designee, may perform such an audit throughout the contract period and for three (3) years after termination thereof or longer if otherwise required by law. b. The Contractor and its agents shall maintain all books, documents, papers, accounting records, contract records and such other evidence as may be appropriate to substantiate costs incurred under this Contract. The City, or its designee, shall have the right to, including but not limited to: review and copy records; interview current and former employees; conduct such other investigation to verify compliance with contract terms; and conduct such other investigation to substantiate costs incurred by this Contract. c. Records shall be defined as data of every kind and character, including but not limited to books, documents, papers, accounting records, contract documents, information, and materials that, in the City's sole discretion, relate to matters, rights, duties or obligations of this Contract. d. Records and employees shall be available during normal business hours upon advanced written notice. Electronic mail shall constitute written notice for purposes of this section. e. Contractor shall provide the City or its designee reasonable access to facilities and adequate and appropriate workspace for the conduct of audits. f. The rights established under this section shall survive the termination of the Contract, and shall not be deleted, circumvented, limited, confined, or restricted by contract or any other section, clause, addendum, attachment, or the subsequent amendment of this Contract. g. The Contractor shall reimburse the City for any overcharges identified by the audit within ninety (90) days of written notice of the Citys findings. 19. E Verify Contractor shall comply with E-Verify, the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law and as in accordance with N.C.G.S. 64-25 et seq. In addition, to the best of Contractors knowledge, any subcontractor employed by Contractor as a part of this contract shall be in compliance with the requirements of E-Verify and N.C.G.S. 64-25 et seq. 31 20. Iran Divestment Act Certification Contractor certifies that, as of the date listed below, it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. 147- 86.55, et seq. In compliance with the requirements of the Iran Divestment Act and N.C.G.S. 147-86.59, Contractor shall not utilize in the performance of the contract any subcontractor that is identified on the Final Divestment List. 21. Companies Boycotting Israel Divestment Act Certification Contractor certifies that it has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81. 32 APPENDIX V EXCEPTIONS TO RFQ Check one: NO EXCEPTIONS, PROPOSER COMPLIES WITH ALL DOCUMENTS IN RFQ. EXCEPTIONS ARE LISTED BELOW: # RFQ Page #, Section #, Appendix # Exceptions [Describe nature of Exception] Explain why this is an issue Proposed Alternative Indicate if exception is negotiable (N) or non- negotiable (NN) 1 2 3 4 5 6 7 8 9 10 11 12 FAILURE TO IDENTIFY ANY EXCEPTIONS WILL INDICATE ACCEPTANCE OF ALL TERMS AND CONDITIONS, AND REQUIREMENTS OF THE RFQ AND ANY CORRESPONDING ADDENDUM ISSUED. THE CITY, AT ITS SOLE DISCRETION, MAY MODIFY OR REJECT ANY EXCEPTION OR PROPOSED CHANGE. Firm: Authorized Signature Title: Printed Name of Signer Date: Appendix VI: Identification of MWBE Participation ae CO ry) I ' VV oO CC > C) VIE y IS Vi PROJECT NAME CITY DEPARTMENT \ a >. COMPANY NAME tC 1) | VI f 2 rie C) ae aal VIE ViE Y mM I VJ] a fc) CC Contractor Name Purchase Order # V gal- iY. VV ry) | mu i > / 1) | CY tC f C) e