Western and Southern Station Area Planning

(v.10-01-2022) Request for Qualifications # 274-PLANDEV-Western Southern SAP Title: Western and Southern Station Area Planning Issue Date: December 22, 2022 Due Date: January 18, 2023 not later than 4:00 PM EST Issuing Department: Planning and Development Direct all inquiries concerning this RFQ to: John Anagnost Senior Planner Email: John.Anagnost@raleighnc.gov Hannah Reckhow Senior Planner Email: Hannah.Reckhow@raleighnc.gov 2 Table of Contents 1. Introduction .............................................................................................. 3 1.1. Purpose ........................................................................................... 3 1.2. Background ..................................................................................... 4 1.3. RFQ Timeline

.................................................................................. 5 1.4. Pre-Submittal Conference ............................................................... 6 1.5. Questions ........................................................................................ 6 1.6. Submittal Requirements and Contact Information ........................... 7 1.7. MWBE Participation Form ............................................................... 8 1.8. Rights to Submitted Material ........................................................... 8 1.9. Communications ............................................................................. 8 1.10. Lobbying ......................................................................................... 8 1.11. Conflicts of Interest ......................................................................... 8 1.12. Proposer Expenses ......................................................................... 9 1.13. Proposer Acceptance .................................................................... 10 1.14. Federal Funding Requirements ..................................................... 10 2. Qualifications Package .......................................................................... 10 2.1. Request for Qualifications Required Document Format ................ 10 2.2. Hourly Rates ................................................................................. 12 2.3. Qualifications Package Documents ............................................... 12 3. Proposal Evaluation .............................................................................. 13 3.1. Evaluation Criteria ......................................................................... 13 3.2. Final Selection............................................................................... 13 3.3. Notice to Proposers Regarding RFQ Terms & Conditions ............ 13 3.4. Contract Term....................................................................13 4. Scope of Services .................................................................................. 14 Appendix I – Hourly Rate Schedule ................................................................ 23 Appendix II – Proposer Questionnaire ........................................................... 24 Appendix III – Reference Questionnaire (Instructions) ................................. 25 Appendix III – Reference Questionnaire Form ............................................... 26 Appendix IV – MWBE Participation Form ...................................................... 28 Appendix V – Contract Standard Terms & Conditions .................................. 29 Appendix VI – Federal Provisions and Requirements..............................37 Appendix VII – Exceptions to RFQ .................................................................. 44 Appendix VIII – FEDERAL, STATE REQ. AND SPECIAL CONDITIONS.........46 3 1 INTRODUCTION 1.1 Purpose The City of Raleigh is seeking one or more qualified firm(s) with which to contract for the following services: The City of Raleigh Department of Planning and Development invites firms to submit qualifications for consulting services to undertake area and corridor planning services focusing on pedestrian/bicycle and other last mile connectivity and transportation questions, as well as public participation efforts. The City seeks to engage one or more teams to provide specified multidisciplinary technical services for two bus rapid transit (BRT) corridors that originate in Downtown Raleigh and extend west to Cary and south to Garner. Each geographic area may be considered as separate scope of work and contract and may be awarded to two successful teams. Alternately, both scopes of work and contracts may be awarded to a single successful team. A sample scope of work is provided as an attachment; additional scopes of work may be awarded from this request for qualifications, and they may include other geographic areas and may assist the City in planning for similar areas. Awarded projects may be funded from a variety of sources and may be subject to Federal Transit Administration (FTA) contracting and reporting requirements. The City of Raleigh may award a contract or contracts to one or more firms based on the selected specialization, geographic area, and funding availability. The City of Raleigh reserves the right to procure the services described in these solicitation documents from other firms at its sole discretion. The desired team of experts will have demonstrated experience in preparing studies that encompass the following elements: • Transportation planning, especially last mile/first mile projects. • Pedestrian and bicycle planning and project implementation. • Traffic signal design and traffic analysis focusing on pedestrian and bicycle convenience and safety. • Land use, zoning, and urban design recommendations for transit supportive development, especially TOD design guidelines for Shopping Center redevelopment. • TOD planning and design in environmentally sensitive areas. Detailed cost estimating for physical improvements and implementation strategies. • Effective and equitable community engagement including expertise in engaging non-English speaking populations. A detailed scope of services is provided in Section 4 of this document. 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/ https://www.ips.state.nc.us/IPS/ 4 All questions related to this solicitation must be submitted in writing (via email) to the following individual: Contact Name Email Address John Anagnost Hannah Reckhow john.anagnost@raleighnc.gov hannah.reckhow@raleighnc.gov Questions submitted via telephone will not be answered. Error! Reference source not found. 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 Raleigh’s 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 is designing a network of bus rapid transit (BRT) routes with four initial routes planned. The routes were proposed and funded by the Wake Transit Plan and an associated dedicated sales tax, both of which were approved in 2016. The City is currently in the process of design for bus rapid transit along Western Boulevard, with construction anticipated to begin in 2027, and South Wilmington Street, with construction anticipated to begin in 2026. In order to gain the maximum benefit from the community investment in transit, planning around stations is necessary. This process will build on the recommendations of the city-wide Equitable Development Around Transit project and follows station area planning for the New Bern Avenue corridor. The project’s station areas are approximately within a half-mile of the southern and western BRT corridors. Recommendations of the studies may include projects that connect beyond the half-mile radius. The geographic scope may be refined during early phases of the study. A map of the Western and Southern corridors is provided on the next page. mailto:john.anagnost@raleighnc.gov mailto:hannah.reckhow@raleighnc.gov 5 Each of the two corridors will have its own contract for services. This RFQ serves as the advertisement for both contracts. Interested firms may submit qualifications for both projects. If a firm desires to submit for both, they should create a distinct submission for each corridor. The intended corridor should be clearly identified in all submissions. The City may offer both contracts to the same firm or select two different firms. At its discretion, the City may request to interview a firm for a corridor for which the firm did not create a submission. The western corridor is partially funded by a grant from the Federal Transit Administration with matching funds provided by the City of Raleigh and the Town of Cary. Funding for the southern corridor is a combination of FTA funding and a local match from the City of Raleigh. The Town of Cary will receive consulting services through the western corridor contract advertised here and is not anticipated to initiate a separate contract as part of this project. 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): RFQ Process Date and time RFQ Advertisement Date December 22, 2022 Pre-Submittal Conference January 4, 2023 John Chavis Memorial Park Community Center 505 Martin Luther King Jr Blvd 6 Raleigh, NC 27601 2:00 PM – 3:30 PM Deadline for written questions January 6, 2023 5:00 PM City Response to Questions (anticipated) January 11, 2023 5:00 PM Submittal Due Date and Time January 18, 2023 4:00 PM Evaluation Meeting (anticipated) January 24, 2023 Interviews (if required) February 1-3, 2023 Selection Announcement (tentative) February 10, 2023 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 RFQ Timeline, for the submittal of written inquires. The firm’s failure to request clarification and submit questions by the date in the RFQ Timeline above shall be considered to constitute the firm’s acceptance of all City’s 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. All questions related to this solicitation must be submitted in writing (via email) to the following individuals: Contact Name Email Address John Anagnost Hannah Reckhow john.anagnost@raleighnc.gov hannah.reckhow@raleighnc.gov mailto:john.anagnost@raleighnc.gov mailto:hannah.reckhow@raleighnc.gov 7 Questions submitted via telephone will not be answered. 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: DELIVERED BY US POSTAL SERVICE MAIL: DELIVERED BY OTHER DEIVERY SERVICES: City of Raleigh City of Raleigh ATTN: John Anagnost, Hannah Reckhow ATTN: John Anagnost, Hannah Reckhow Raleigh Planning and Development Raleigh Planning and Development One Exchange Plaza, Suite 300 One Exchange Plaza, Suite 300 Raleigh, NC 27601 RFQ No. 274-PLANDEV-Western Southern SAP Raleigh, NC 27601 RFQ No. 274-PLANDEV-Western Southern SAP Proposals must be enclosed in a sealed envelope or package and clearly marked with the name of the submitting company, the RFQ number and the RFQ Title. Proposers must submit: A. one (1) signed original; B. one (1) electronic version of the signed original; C. and no additional paper copies of the signed proposal. The electronic version of the Proposal must be submitted as a viewable and printable Adobe Portable Document File (PDF) on a flash drive. Both hard copy and electronic versions must be received by the City on or before the RFQ date and time provided in Section 1.3 RFQ Timeline. 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. Any requirements in the RFQ that cannot be met must be indicated on Appendix VI: Exceptions to the RFQ and submitted with the qualifications. 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. 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. 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 City’s 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 1.6 by the due date and time specified in Section 1.3 RFQ Timeline. 8 1.7 MWBE Participation Form The City of Raleigh prohibits discrimination in any manner against any person based on actual or perceived age, race, color, creed, national origin, sex, mental or physical disability, sexual orientation, gender identity or expression, familial or marital status, religion, economic status, or veteran status. The City maintains an affirmative policy of fostering, promoting, and conducting business with women and minority owned business enterprises. Complete and submit the MWBE Participation Form (Appendix IV) with your qualification package. 1.8 Rights to Submitted Material All qualification packages and supporting materials, as well as correspondences 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. Qualifications 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 qualifications, each submitting firm/company agrees that the City may reveal any trade secret materials contained in such submittal 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. Qualification submittals marked entirely as “confidential”, “proprietary”, or “trade secret” will be considered non-responsive and will be removed from the evaluation process. 1.9 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 Purpose, prior to the deadline provided in Section 1.3 RFQ Timeline. Violation of this provision may result in the firm’s proposal being removed from consideration. 1.10 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. 1.11 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. 9 Similarly, the North Carolina General Statutes provides a criminal statute for conflicts of interest in public contracting, N.C.G.S. § 14-234(a) states: (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 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. 1.12 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. 10 1.13 Proposer Acceptance Submission of any proposal indicates a Proposer’s acceptance of the conditions contained in this RFQ unless clearly and specifically noted otherwise on the Exceptions to RFQ (see Appendix VII) 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 Raleigh’s 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 Raleigh’s 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. 1.14 Federal Funding Requirements The services and materials to be provided under this contract will be financed in whole or in part with Federal funding. As such, Federal laws, regulations, policies, and related administrative practices apply to this contract. The most recent of such Federal requirements, including any amendments made after the execution of this contract shall govern this contract, unless the Federal Government determines otherwise. The Federal provisions and requirements identified in Appendix VI (Federal Provisions and Requirements) may be applicable to this contract. The awarded contractor is responsible for complying with all applicable provisions and requirements. 2 QUALIFICATIONS PACKAGE Submittal 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 project. This letter should be presented on the firm’s 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 firm’s experience with similar projects. Provide a list of all similar contracts performed in the past three number of years, accompanied by at least three references (contact persons, firm, telephone number and email address). 11 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 firm’s 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 Review and provide one of the following three (3) financial statement options: 1. Recent audited or reviewed financial statements prepared by an independent certified public accountant (CPA) that shall include, at a minimum, a balance sheet, income statement (i.e., profit/loss statement) and cash flow statement and, if the audited or reviewed financial statements were prepared more than six (6) months prior to the issuance of this RFQ, the Proposer shall submit its most recent internal financial statements (balance sheet, income statement and cash flow statement or budget with entries reflecting revenues and expenditures from the date of the audited or reviewed financial statements to the end of the most recent financial reporting period (i.e., the quarter or month preceding the issuance date of this RFQ)). OR 2. Recent compiled financial statements prepared by an independent CPA that shall include, at a minimum, a balance sheet, income statement (i.e., profit/loss statement) and cash flow statement and, if the compiled financial statements were prepared more than three (3) months prior to the issuance of this RFQ, the Proposer shall submit its most recent internal financial statements (balance sheet, income statement and cash flow statement or budget with entries reflecting revenues and expenditures to date), and other evidence of financial stability such as most recently filed income tax return, evidence of a line of credit/loans/other type of financing with statement of amount in use/outstanding balance (e.g., a complete copy commitment letter, loan agreement, billing statement reflecting the line of credit or statement from lender acknowledging the commitment to fund the Proposer’s stated financing), personal guaranty with copies of personal income tax filing and statement of net worth or such other evidence that is accurate, reliable and trustworthy regarding the Proposer’s financial stability. OR 3. Include a certified, signed statement from a licensed CPA regularly engaged in the review of the firm’s 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. 12 Consolidated financial statements of the Proposer’s parent or related corporation/business entity will not be considered, unless: (1) the Proposer’s 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 corporation/business entity will be financially responsible for the Proposer’s performance of the contract and the consolidated statement demonstrates the parent or related corporation’s/business entity’s 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 firm’s 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. 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 Rate Schedule (see Appendix I) 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. 13 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 15 Project Understanding and Approach 25 Team Organization and Experience 30 Project References 15 Current Workload 15 Final Score Score Points 0 - Missing or Does Not Meet Expectation 2 - Meets Expectation 1 - Partially Meets Expectation 3 - Exceeds Expectation 3.2 Final Selection Qualifications 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. 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 firm’s fee proposal, and/or written correspondence applicable to the RFQ, may become part of the contract documents. Failure of the awarded firm to perform as represented may result in contract cancellation. 3.3 Notice to Submitting Firms Regarding RFQ Terms and Conditions It shall be the Submitting Firm’s responsibility to read the Instructions, the City’s terms and conditions, the Federal provisions and requirements, 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. Submitters are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFQ. 3.4 Contract Term The contract awarded from this RFQ shall be effective upon the date of the City’s signature (the “Effective Date”) and remain effective until the work is completed. The estimated timeframe and competition for the work stated in this RFQ is 18 months. 14 4 SCOPE OF SERVICES Awarded firm shall provide services, all as set forth in this RFQ and more particularly described in this Section 4. Scope of Services: Western and Southern Station Area Planning This draft scope of work below is intended to be executed for each corridor. The Southern and Western corridors will have separate contracts. Coordination with both the City of Raleigh and the Town of Cary will be necessary for the Western Corridor. Some deliverables for the Western corridor will be joint for Raleigh-Cary covering the entire Western line. Others will be customized for Cary’s needs or produced only for specific Cary stations. Wake Bus Rapid Transit (BRT): Western and Southern Station Area Planning (SAP) will identify necessary first/last mile safety improvements and recommended zoning changes to implement the recommendations of the recently completed Equitable Transit-Oriented Development Guidebook (“The Guidebook”) and build on the recommendations of Raleigh’s first Station Area Planning project for New Bern Avenue. The SAP will also build upon and integrate key recommendations and action items of recently adopted area/corridor plans that overlap within the station planning areas. The Western BRT SAP project includes six stops along several miles of the Western corridor within the Town of Cary. In Cary, each SAP will include recommendations to implement the Cary Community Plan and Cary Housing Plan in the form of Transit Oriented Development values, policy directives, and identification of investment opportunities. Generally, Cary’s priority will be on stations #2 (E. Chatham- Urban), #3 (E Chatham- SE Maynard), #4 (SE Maynard- Sloan), and #5 (SE Maynard- Cary Towne Blvd). Community engagement will be integral to this project, with a focus on working collaboratively with residents, businesses, community groups, religious/ethnic groups, and other stakeholders. In Raleigh, the project will convene a community leader group to ensure project outcomes accurately reflect the community’s input and lived experience and recruit community connectors to assist with engagement. The community leaders are a group of stakeholders that will help structure and oversee the outreach process. The community connectors are paid part-time contractors that will directly assist in outreach and input gathering. In addition, the project will incorporate techniques and strategies from the Public Participation Playbook, including creating an open process that is inclusive and inviting to a diverse group of participants. In Cary, community engagement will focus on community education to establish foundational awareness of TOD and the BRT system. Outreach strategy will incorporate Cary branding and be staff led with consultant support. While the EDAT Guidebook establishes Raleigh’s philosophy and vision for EDAT and the Cary Community Plan and Housing Plan outline Cary’s TOD vision, the Station Area Planning process will provide location- or parcel-specific implementation of municipally initiated rezoning as well as capital projects for first mile/last mile safety interventions. The final product will include station area plans for each station or group of stations along the corridor. Each station area plan boundary will cover approximately a half mile radius around the proposed BRT station but may also include last mile connections in a larger radius. The individual plans will be designed to stand alone, but also will be envisioned as, and packaged into, an overall corridor vision and plan document. https://cityofraleigh0drupal.blob.core.usgovcloudapi.net/drupal-prod/COR22/EDATGuidebook.pdf https://www.townofcary.org/projects-initiatives/cary-community-plan https://www.townofcary.org/projects-initiatives/cary-community-plan https://www.townofcary.org/home/showpublisheddocument/27689/637812174230530000 https://cityofraleigh0drupal.blob.core.usgovcloudapi.net/drupal-prod/COR22/CEPDPlaybook.pdf 15 Final products for each Station Area Plan (SAP) will include deliverables in the following categories. All deliverables will be required for the southern corridor. For the western corridor, each deliverable notes where products for Cary and Raleigh may diverge. 1. First Mile/Last Mile Multi-modal Mobility (Consultant led; Western Line: Raleigh & Cary) The starting point for station area planning is a “Vision Zero” goal of eliminating transportation fatalities and life-changing injuries. This involves deliberately creating an environment where pedestrian, cyclist, and micro-mobility fatalities are unlikely to occur because vehicle speeds are kept to a lower velocity through traffic calming measures and infrastructure that emphasizes the comfort and safety of pedestrians, cyclists, and users of micro-mobility devices. The plan should include the specific design of key infrastructure projects. Tasks include: ● Review of collision data involving vehicles, pedestrians, bicycles, and other modes. ● Identification of primary pedestrian and bicycle first/last mile routes to stations. ● Identification of specific areas where investments are needed. This may include new sidewalks, adjustments to the geometric design of intersections, mid-block crossings, traffic control, traffic calming measures, etc. ● Identification of other needed actions, such as enabling other tools such as traffic and red-light cameras, examining speed limits, adjusting signal timing, etc. ● Identification of greenway connections. ● Identification of new street connections. ● Bicycle and micro-mobility connections and facilities. ● Identification of best practices and/or case studies in design for safe pedestrian accommodations, in order to make recommendations for safety improvements. ● A circulation plan showing all pedestrian and other non-vehicular networks. ● Identify existing and planned transit routes/stops to ensure efficient connections. ● In Cary, recommendations for new TOD road designs as needed to amend comprehensive plan cross-sections. Detailed cost estimating for physical improvements and implementation strategies. 2. Affordability and Displacement (Consultant led; Western Corridor: separate deliverable for Raleigh & Cary) This topic overlaps with the previous tasks but goes beyond land use and zoning to include other programs and efforts. The focus will be on deeper affordability aimed at households at 80 percent of AMI or less with additional recommendations targeting 60 percent of AMI or less, including those at significantly lower incomes. Specific tasks include: • Gathering data on existing affordable housing stock (naturally occurring and subsidized), projected loss of stock, rents, resale and redevelopment activity to understand recent displacement patterns, and setting specific targets for affordability for the corridor and individual station areas. Land use and zoning changes identified should be aligned to meet the targeted affordable housing needs of each station area. • Assessment of city-owned and partner-controlled sites that might be suitable for affordable housing. • Identification of specific actions (beyond mapping the TOD overlay) needed to promote affordability, including additional changes to the City’s UDO/Cary’s LDO, implementation or expansion of housing programs, and more. The Housing and Neighborhoods Department will play 16 a key role in this effort in collaboration with the consultant team. Cary Housing team will collaborate with the consultant team to align with Cary’s needs. • Raleigh Housing Summit Part III – Engagement with private sector to provide information about emerging opportunities for housing development and city housing priorities. Input will be sought from the development community about barriers to affordable development as well as to small- scale and infill housing types. In Raleigh, this conversation is a continuation of similar summits held during the Dix Edge and New Bern SAP processes. Cary Housing team will collaborate with the consultant team to develop a private sector engagement approach for Cary. • Identification of specific actions desired by the community to address issues other than housing affordability, such as small business support through technical assistance or access to capital, support for community institutions and nonprofits, and more. 3. Business Support and Stabilization (Consultant led; Western Corridor: one deliverable for both Raleigh & Cary) In addition to being home for many Raleigh and Cary residents, the study areas are also commercial corridors. This includes a number of small, locally owned businesses. In many cases, proprietors of the businesses are members of racial, ethnic, and/or religious minority groups who serve local communities of the same minority identity. These businesses are a source of social mobility and cultural cohesion. Their retention is important to surrounding neighborhoods, the greater area economy, and the success of future transit-supportive development. The construction of BRT and redevelopment in response to the BRT investment have the potential to disrupt or dislocate these businesses. In the case of the Southern corridor, the alignment requires the acquisition of commercial buildings and the direct displacement of existing tenants. The SAP process should include specific tasks to: • Cultivate contacts and a network of business-owners to facilitate communication during construction of the BRT. • Consult businesses about existing resource needs and operational challenges. • Evaluate future demand for retail, food service, and personal service businesses in station areas built to transit-supportive densities. • Identify tools for assisting businesses in managing impacts of BRT construction. • Develop ideas for fostering, attracting, relocating, or retaining local and small businesses in redevelopment sites, including a range of retail spaces that sustains affordable commercial space as new redevelopment takes place. • Ensure that zoning recommendations provide sufficient opportunity to construct commercial space. • Where direct displacement is contemplated, look at how new space might be brought on-line so that tenants can find new space in the same area to continue to serve their current patrons. (Such tenants will be entitled to advisory services and moving/reestablishment expenses as required by the Uniform Relocation Assistance and Real Property Acquisition Policies Act.) 4. Zoning, Land Use, and Urban Design (Staff; Western Line: Raleigh is staff led with consultant support, Cary is consultant led with staff support) In Raleigh, as part of implementing the EDAT Guidebook, station area planning will achieve consensus on the variety and intensity of land uses at each station area. Deliverables will include identifying specific city-initiated zoning changes, as well as the application of Raleigh’s Transit Overlay District (TOD) overlay, changes to base zoning, zoning frontages, and permitted building heights. 17 In Cary, station area planning will yield a comprehensive parcel-scale zoning analysis to identify transit- supportive development barriers and areas of opportunity in land use policy, urban design, and development standards. Deliverables should include recommendations for zoning map, Land Development Ordinance (LDO) and development standard amendments needed to facilitate transit- supportive development including a transit-oriented overlay with details addressing: land use requirements/exclusions, parking, affordability, height, density, design, buffers, streetscapes, and developer incentives. Deliverables will also include three context-specific illustrations for each station area demonstrating the street-level urban design and land use recommendations. Specific tasks include: ● Recommendations on land use policy, zoning map, and Unified Development Ordinance (UDO)/Land Development Ordinance (LDO) amendments where appropriate. The process will examine station areas at the parcel scale and will set the table for city/town-initiated rezoning along the corridor, which could begin immediately following the completion of this process. ● Recommendations for investments in the public realm, including adding public space to enhance and support the BRT investment. ● Creative urban design recommendations to support transit-oriented development and placemaking opportunities that help create vibrant walkable places to live and work. Recommendations would include application of existing tools such as urban form guidance, zoning, frontages, massing, and streetscape elements. ● Context-specific, street-level illustrations demonstrating TOD urban design principles. ● Identify key sites in each station area and develop a potential development strategy, at the parcel scale, for at least one site within each station area. ● Small Area Plan for Cary Station #3 (E. Chatham-SE Maynard) integrating NCDOT project Phasing and Tasks The following describes the phases and major tasks anticipated during Station Area Planning. Some of these phases may be overlapping or occurring concurrently. Additional detail to project steps, meetings and engagement activities, and consultant deliverables will be established with the chosen consultant team(s). Phase 1 Pre-RFQ Public Involvement (Staff) Before the RFQ is officially advertised, the general goals and topics of the project were made available for public comment. Questions from the community were solicited for inclusion in the RFQ. This phase has already occurred, and community questions are included in Appendix B. 4.1 Phase 2 Establishing Community Connections To be successful, this process will need engagement and buy-in from the communities along the corridor. While traditional techniques such as workshops and online input are necessary, they are not sufficient. In Raleigh, this process envisions using two additional methods of connecting with the community – project community connectors and station area community leaders. • The corridor community leaders will consist of stakeholders and residents who will be tasked with helping with outreach strategies and ensuring that the final recommendations reflect community input. 18 • Project community connectors are trusted members of the community who will help with outreach and gathering input. Connectors will receive a stipend to compensate for their time. In Cary, community engagement will focus on community education to establish foundational awareness of TOD and the BRT system. Outreach strategy will incorporate Cary branding and be staff led with consultant support. Task 2.1 Community Leader and Community Connector Recruitment and Selection (Staff) A group of community leaders will be appointed by the City Council from a short list provided by Raleigh Planning and Development. Project community connectors will be selected by staff. Task 2.2 Community Leader and Community Connector Orientation and Technical Training (Consultant) To become better practitioners of community engagement, both community groups will be provided an orientation to the project, role responsibilities, and planning in North Carolina. A crash course curriculum emphasizing public policy formulation, North Carolina legal framework for city planning, real estate market economics, development finance, and public policy implementation will be developed to immerse the community leader group in the technical realities of planning and development in North Carolina. Community connectors will receive training workshops on outreach methods and receive standard materials (“meeting in a box”, surveys, games, etc.) to assist with gathering of diverse input. These workshops and materials will be designed and facilitated by the plan consultant. The consultant will provide ongoing support by monitoring the community connectors progress completing specific tasks. Meetings: Community Leader Group orientation/trainings Community Connector orientation/trainings Deliverables: Workshop/training materials, standard materials for outreach Task 2.3 Public Engagement Plan (Consultant) The consultant will prepare a detailed plan for public engagement through the subsequent phases of the project. This plan will build on and enhance the initial engagement outline city staff has created and should include demographic analysis of the study area and an inventory of business and civic organizations. The plan will develop a strategic approach to engagement for how to connect with affected communities and foster participation by tailoring communications methods and outlets to the desired audience. This is expected to include on-the-ground engagement activities such as canvassing and language translation of project materials where appropriate. The City of Raleigh is in the process of contracting the Whole Community Health Initiative from the Kenan-Flagler Business School at UNC-Chapel Hill for supplemental public outreach activities. These activities will likely consist of two workshops to be held in the Method community, which is located around Method Road. The public engagement plan will integrate these workshops and include promotional activities for them. Deliverables: Public Engagement Plan, Coordination with Whole Community Health Initiative Task 2.4 Community Conversations – Pre-project Meet-and-Greet (Staff/Consultant) The intent of this task is to meet community members at a casual public event with no agenda. It will allow staff and the consultant team to speak with the public in a friendly setting to make introductions and establish relationships. Staff will coordinate the meeting space. Consultant is expected to participate. 19 Meetings: Pre-project meetings and/or pop-up events Deliverables: Resident and business contact list Task 2.5 Stakeholder Listening Sessions (Consultant) The consultant will lead sessions with stakeholders to understand the issues to be addressed, pitfalls to avoid, and recommendations for best approaches to input and outreach. Meetings: Listening sessions Deliverables: Listening session materials, session summary reports, additions to resident and business contact list 4.2 Task 2.6 Cary TOD/BRT Community Engagement Materials The consultant will work with Cary staff to determine which public engagement materials are needed to execute community engagement strategy that provides foundational awareness of TOD principles and the overall BRT system. Deliverables: surveys, maps, other engagement event materials 4.3 Phase 3 Understanding the Area This phase is intended to provide the factual and analytical basis for the planning effort. It will cover the major physical systems comprising the study area, including affordability analysis, real estate market analysis, and pedestrian/mobility safety analysis. The work will be done in coordination with an internal city staff working group. Task 3.1 Understanding the EDAT Guidebook, Cary Community Plan, and Cary Housing Plan (Consultant) This process should not repeat the work of the initial phase of EDAT, which involved both setting community goals for growth around BRT and for ensuring affordability. The community supported the strongest scenario for growing around transit, which has been translated into updated Comprehensive Plan guidance for building height in station areas. It also included recommendations for strengthening the Transit Overlay District to address parking, building frontage, sidewalks, uses, and more. A key initial step will be closely reviewing and understanding the Guidebook’s recommendations and creating a short summary. This would help guide the percentage targets of affordable units each BRT corridor should try to achieve in relation to the city’s overall growth. Similarly, this work should build on and highlight the guidance provided in the Cary Community Plan and Cary Housing Plan regarding community vision for transit-supportive development. This work should provide corridor-specific recommendations and goals that further the policies of these plans. Task 3.2 Affordable Housing Inventory (Consultant) An inventory of housing stock, naturally occurring affordable housing, and subsidized affordable housing within a half-mile of the corridor should be conducted to have a baseline understanding of the existing affordable housing and potential needs. The final product will be an inventory that can be easily maintained and updated in future years. Deliverables:  Inventory of existing housing stock in Raleigh’s jurisdiction that can be updated by Raleigh in future years. 20  Inventory of existing housing stock in Cary’s jurisdiction that can be updated by Cary in future years. Task 3.3 Mobility/Pedestrian Safety Conditions and Analysis (Consultant) Traffic count and crash statistics will be compiled for the study area. Transit data will include ridership, the locations of all GoRaleigh and GoCary stops, and boarding data. In order to scope important pedestrian and bicycle projects, pedestrian and bicycle network distances connecting important destinations will be developed, including safety analysis of crossings within the studied networks. The following transportation analysis should be conducted. • Collection and analysis of baseline/existing conditions, including bicycle counts, pedestrian counts, pedestrian accommodations, turning movements, signal plans, timing plans, transit routes, transit headways, transit stop locations, sidewalk inventory, and bike facilities inventory. • Level-of-Service analyses of pedestrian, bicycle, and transit modes. • Identification of potential transportation scenarios, including major capital investments and/or alteration in existing lane configurations to improve bicycle, pedestrian, and transit operations. • Identification of scenario impacts on sub-areas and various modes of transportation. • Recommendations for any changes to the street network, including potential new streets and other interconnectivity improvements. • Review of existing Raleigh and Cary greenway system linkages and recommendations for any additional system or connectivity improvements. • Review of Wake Transit Plan or other public outreach documents identifying community raised mobility issues in the corridor • Policy, Comprehensive Plan, and Development Code amendment recommendations where appropriate. • Project renderings, sketches, plans, sections, and details. Task 3.4(a) Raleigh Zoning and Land Use Policy (Staff)  A comparison of current zoning with land use policy developed during EDAT will be undertaken, with the goal of identifying needed FLUM and zoning changes to implement EDAT recommendations. Task 3.4(b) Cary Zoning and Land Use Policy (Consultant/Staff Led)  A comparison of current zoning with land use policy provided in the Cary Community Plan and Cary Housing Plan regarding community vision for transit-oriented development with the goal of identifying corridor-specific TOD recommendations and goals that further the policies of these plans. Task 3.5 Urban Design Analysis (Staff/Consultant) An inventory of existing urban form and design characteristics. Analysis should document, at minimum, formal and informal public spaces, infrastructure, built character, and natural and historic resources. Consultant will prepare with staff review. Task 3.6 Real Estate Market and Affordability Analysis (Consultant) An economic analysis of the current state of the residential and commercial real estate markets specific to the study area. The analysis should include data such as vacancy and absorption rates, rental or lease rates, and recent sales data. Data should be compared to other geographic areas within Raleigh, Cary, or the Triangle region as well as with a citywide baseline (for Cary, town-wide 21 specific baseline). The data will be used to develop projections of demand for new residential and commercial development within the study area as well as measures of how redevelopment would impact residential and commercial affordability. Task 3.7 Community Conversations - Station/Station Group Kickoff (Staff/Consultant) A set of workshops will be held for each station or station group along the corridor to present the results of the detailed inventory and analysis. The outcome of the workshops will be used to generate planning alternatives and housing strategies. The consultant will prepare materials for workshops and pop-ups and provide personnel during the workshops. Staff will coordinate meeting locations and manage pop-up events. Meetings: One meeting for each station/station group, three to five smaller events (pop-ups) along the corridor Deliverables: Meeting materials, meeting summary report, additions to resident and business contact list Task 3.8 Issue and Opportunities Report (Consultant) A report summarizing the Tasks 3.2 through 3.7 will be prepared. Based on the inventory results, a set of issues, opportunities, and constraints will be identified. This report will be the Issues and Opportunities work product. Deliverables: Issues and Opportunities Report 4.4 Phase 4 Corridor Recommendations and Conclusions Task 4.1 Community Conversations - Station/Station Group Options (Staff/Consultant) A series of workshops will be held to present scenarios for land use/zoning and urban design strategies, concepts for pedestrian and other safety interventions, and other issues identified during the kickoff. Staff will coordinate meeting spaces. The workshops will involve explicit consideration of the tradeoffs involved. The consultant will prepare materials for workshops and provide personnel during the workshops. Meetings: One meeting for each station or station group, three to five smaller events (pop-ups) along the corridor Deliverables: Meeting materials, meeting summary, statistically significant surveying, additions to resident and business contact list Task 4.2 Community Conversations - Corridor-wide Conclusion Events (Staff/Consultant) A series of events will be held to present final strategies and explore priorities for pedestrian and other infrastructure improvements and community benefits. A “reporting out” to the broader corridor will take place. Staff will coordinate event spaces. Consultant will prepare materials and provide personnel. Meetings: One corridor-wide conclusion event, Deliverable: Meeting materials, meeting summary, draft station recommendations, additions to resident and business contact list Task 4.3 Final recommendations (Consultant) The final phase of the project will result in a set of station area plans, combined into a corridor-wide document, for City/Town Council adoption. Each individual station area plan should be largely 22 graphic and oriented to be read and understood by the general public. Additional information can be contained in an appendix. Deliverable: Final recommendation summary report. 5 Timeline The study is estimated to last approximately 18 months from project initiation to delivery of the final deliverables to Raleigh City Council and Planning Commission and Cary Town Council. The emphasis will be on delivering a public outreach process that lasts approximately six months in order to avoid burdening participants and to make it easier to participate from beginning to end. The timeframe may be extended depending on need or direction from City/Town Councils. The proposed timeframe for this study will permit ample time for both the production of project materials within City/Town departments as well as outreach to the public, affected property owners, and residents. 6 Other Tasks The study will involve frequent communication with city/town staff. This will involve regular project updates with a core city/town staff team, as well as more involved discussions with a broader group during multiple points of the process. For each meeting, virtual or in person, the consultants shall provide a written summary of the event including topics discussed and the number of participants. 7 Appendix B: Community Questions for Consultant Teams Raleigh released a survey to gather input on the project before the RFQ. Over 230 participants provided thoughts on key issues to address. The survey also asked for questions for the consultant team to answer as part responses to the RFQ. The four questions below are based on those responses. Please respond directly to the following in your submittal: • What are examples of successful station areas in other cities? What are examples of successful developments along BRT lines in other areas? • What do you think are existing deterrents in the study area to walking, cycling, and transit use? • Discuss your community engagement successes and lessons learned. • Explain your understanding of the causes of residential and commercial displacement, particularly in Raleigh. 23 APPENDIX I Hourly Rate Schedule Awarded firm shall perform the services to be performed as set forth in this RFQ and more particularly described in Section 4 Scope of Services utilizing the following hourly rate schedule below. As stated above in section 2.2 Hourly Rates, provide the Hourly Rate Schedule in a separate, sealed envelope. Position Title Hourly Rate Firm Name: ____________________________________________________________ Authorized Signature: _________________________________Date_______________ Signed by: _____________________________________________________________ [Type or Print Name] Title of Signer: __________________________________________________________ 24 APPENDIX II Proposer Questionnaire Form 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 company’s present name: Fed Tax ID #: DUNS # Are you registered 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: 25 APPENDIX III Reference Questionnaire (Instructions) (274-PLANDEV-Western Southern SAP) 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 the references is to document the experience of the proposer relevant to the scope of services and assist 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 Proposer’s responsibility to verify their references have been received by the City of Raleigh Point of Contact by the date indicated on the reference form. 26 APPENDIX III Reference Questionnaire Form (274-PLANDEV-Western Southern SAP) _______________________________________________________________ (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, Planning and Development Department, ATTN: John Anagnost, via email to john.anagnost@raleighnc.gov no later than 4 p.m. ET, January 18, 2023, 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 company’s knowledge and expertise? 3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable Comments: 3. How would you rate the company’s flexibility relative to changes in the scope and timelines? 3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable Comments: mailto:john.anagnost@raleighnc.gov 27 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: 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 company’s 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 company’s services are you most satisfied? Comments: 8. With which aspect(s) of this company’s services are you least satisfied? Comments: 9. Would you recommend this company’s services to your organization again? Comments: ______________________________________________________________________________ ______________________________________________________________________________ 28 MWBE SUBCONTRACTORS APPENDIX IV MWBE Participation Form IDENTIFICATION OF MWBE PARTICIPATION FOR FORMAL CONTRACTS Contract amount is ≥ (greater than or equal to) $300,000.00 This Identification of MWBE Participation Form is for the purpose of capturing information regarding the utilization of MWBEs and other subcontractors and suppliers on Formal City Contracts. MWBE participation is encouraged for all City of Raleigh contracting opportunities. Please refer to the City’s MWBE Policy for any contract specific requirements. Copy this Form as needed. COMPANY NAME PROJECT NAME PROJECT NUMBER CITY DEPARTMENT CONTRACT TYPE ̈ Services ̈ Other _________________________________________________________*  PRIME IS MWBE Classification: ________ ̈ Certified with NCHUB ̈ Certified with NCDOT-DBE RFQ SUBMITTAL DATE MWBE Classifications: American Indian (AI), Asian American (AA), Black/African-American (B), Hispanic (H), Non-Minority Female (NMF), Socially/Economic Disadvantaged (D)  WORK TO BE SELF-PERFORMED Check this box only if you intend to perform 100% of the work for this Contract with your own current work forces, and you normally perform and have the capability to perform all elements of this work for this Contract with your own current work forces. Complete the chart below for all MWBE subcontractors that you intend to use for this Contract regardless of dollar amount. Company Name MWBE Classification* Description of Services Percentage of Total Contract Total Projected Utilization ($) *MWBE Classifications: American Indian (AI), Asian American (AA), Black/African-American (B), Hispanic (H), Non-Minority Female (NMF), Socially/Economic Disadvantaged (D) Total Estimated MWBE Utilization* $ Total Proposal Amount* $ Percent Estimated MWBE Utilization* (Total Estimated MWBE Utilization divided by Total Bid Amount) % 29 APPENDIX V City of Raleigh 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 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 Engineer’s profession practicing under similar conditions at the same time and in the same locality. 3. Opinions of Probable Construction Cost Engineer’s Opinions of probable Construction Cost provided for herein are to be made on the basis of Engineer’s experience and qualifications and represent Engineer’s 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 Contractor’s 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 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. mailto:accountspayable@raleighnc.gov 30 4. Non-Discrimination To the extent permitted by North Carolina law, the Parties for themselves, their agents, officials, directors, officers, members, representatives, employees, and contractors agree not to discriminate in any manner or in any form based on actual or perceived age, mental or physical disability, sex, religion, creed, race, color, sexual orientation, gender identity or expression, familial or marital status, economic status, veteran status or national origin in connection with this Contract or its performance. The Parties agree to conform with the provisions and intent of Raleigh City Code §4- 1004 in all matters related to this Contract. This provision is incorporated into the Contract for the benefit of the City of Raleigh and its residents and may be enforced by an action for specific performance, injunctive relief, or any other remedy available at law or equity. This section shall be binding on the successors and assigns of all parties with reference to the subject matter of the Contract. 5. Minority and Women Owned Business Enterprise The City of Raleigh prohibits discrimination in any manner against any person based on actual or perceived age, race, color, creed, national origin, sex, mental or physical disability, sexual orientation, gender identity or expression, familial or marital status, religion, economic status, or veteran status. The City maintains an affirmative policy of fostering, promoting, and conducting business with women and minority owned business enterprises. 6. 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. 7. 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 United States District Court for the Eastern District of North Carolina, Western Division. 8. 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 City’s 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. 31 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 City site. Worker’s Compensation & Employers Liability – Contractor agrees to maintain Worker’s 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 the City 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 Contractor’s 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 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. 32 All insurance companies must be authorized to do business in North Carolina and be acceptable to the City of Raleigh’s 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 Engineer’s agents, or the Engineer’s employees. B. In matters other than those covered by subsection 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 attorney’s 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. E. The Engineer’s 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, 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, 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, the term “Derivative Parties” shall mean any of the Engineer’s subcontractors, agents, employees, or other persons 33 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 Engineer’s performance of this project shall vest in the City. Works of authorship and contributions to works of authorship created by the Engineer’s performance of this project are hereby agreed to be ‘works made for hire’ within the meaning of 17 U.S.C. 201. 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. Acknowledgement of City Brand and Tree Logo Ownership and Restrictions The City of Raleigh has developed proprietary branding (the “City Brand”) centered around the Raleigh tree mark logo (the “Tree Logo”). The City’s exclusive rights and ownership in and to the Tree Logo are protected under trademark and copyright, including U.S. Copyright Reg. No. VAu1-322-896, N.C. State Trademark Registration 34 Reg. No. T-23070 and Federal Trademark Registration Reg. No. 5,629,347, as well as under other federal and state laws. Contractor acknowledges and understands that the City is not conferring any license to Contractor under this Agreement to use or depict the Tree Logo or other aspects of the City Brand. Contractor shall not make any use or depiction of the Tree Logo or other aspects of the City Brand without the prior express written approval of the City. In this regard, should any materials being produced by Contractor for the City under this Agreement contemplate use or depiction of the Tree Logo, including, but not limited to, printed materials, digital media, signage and/or display materials, Contractor shall proceed under the auspices and direction of the City’s Communications Department and shall comply with all guidelines and restrictions governing use or depiction of the Tree Logo. 15. 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. 16. 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. Engineer must comply with North Carolina Occupational Safety and Health Standards for General Industry 13 NCAC 07F (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 35 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. 17. 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. 18. 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. This Contract may be amended only by written agreement of the parties executed by their authorized representatives. 19. 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 36 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 City’s findings. h. Contractor shall, upon request, provide any records associated with this engagement to the North Carolina State Auditor that are necessary to comply with the provisions of G.S. § 147-64.7. 20. 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 Contractor’s 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. 21. 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. 22. 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. 37 APPENDIX VI City of Raleigh Federal Contract Provisions and Requirements 1. Access to Records and Record Retainage 2. Age Discrimination Act of 1975 3. Americans with Disabilities Act of 1990 4. Byrd Anti-Lobbying Amendment 5. Civil Rights Act of 1964 – Title VI 6. Civil Rights Act of 1968 7. Clean Water Act 8. Conflict of Interest Provisions 9. Contract Work Hours and Safety Standards 10. Copeland “Anti-Kickback” Act 11. Davis-Bacon Act 12. Debarment and Suspension 13. Domestic Procurement Preference 14. Drug-Free Workplace Regulations 15. Education Amendments of 1972 16. Energy Policy and Conservation Act 17. Environmental reviews/assessments 18. Equal Employment Opportunity 19. Fly America Act of 1974 20. Hotel and Motel Fire Safety Act of 1990 21. Limited English Proficiency 22. Patents and Intellectual Property Rights 23. Procurement of Recovered Materials 24. Rehabilitation Act of 1973 25. Remedies 26. Rights to Inventions Made Under a Contract or Agreement 27. Telecommunications Huawei / ZTE Ban 28. Termination 29. Terrorist Financing 30. Trafficking Victims Protection Act of 2000 31. Universal Identifier and System of Award (SAM) 32. USA Patriot Act of 2001 33. Whistleblower Protection Act 38 All recipients of federally funded grants or use federal assistance to support procurements must comply with the applicable provisions of the Federal procurement standards 2 CFR pt. 200. As result, firms awarded federally funded contracts by City of Raleigh, in addition to contract clauses required by North Carolina law and other applicable federal regulations specific to a federal award, must comply with the following contract provisions set forth herein, unless a particular award term or condition specifically indicates otherwise. These terms and conditions are hereby incorporated into any resulting contract. 1. Access to Records and Record Retainage. In general, all official project records and documents must be maintained during the operation of this project and for a period of five years following close out. The City of Raleigh, the comptroller General of the United States, or any of their duly authorized representatives shall have access to any books documents papers and records of the of the Administering Agency which are pertinent to the execution of the Agreement for the purpose of making audits, examinations, excerpts and transcriptions. 2. Age Discrimination Act of 1975. All suppliers, contractors, subcontractors, consultants, and sub- consultants must comply with the requirements of the Age Discrimination Act of 1975 (Title 42 U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. 3. Americans with Disabilities Act of 1990. All suppliers, contractors, subcontractors, consultants, and sub- consultants must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. (42 U.S.C. §§ 12101– 12213). 4. Byrd Anti-Lobbying Amendment. All suppliers, contractors, subcontractors, consultants, and sub- consultants must comply with the Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Suppliers, contractors, subcontractors, consultants, and sub-consultants who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of an agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 5. Civil Rights Act of 1964 – Title VI. All suppliers, contractors, subcontractors, consultants, and sub-consultants must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 39 6. Civil Rights Act of 1968. All suppliers, contractors, subcontractors, consultants, and sub- consultants must comply with Title VIII of the Civil Rights Act of 1968, which prohibits discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. § 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201). 7. Clean Air Act and Fe