On-Call Stormwater Surveying Services (RFQ)

Request for Qualifications # 274-SM2021-0009 Project Title: On-Call Stormwater Surveying Services Issue Date: July 27, 2021 Due Date: August 20, 2021 at 4:30 PM EST Issuing Department: Engineering Services Department / Stormwater Management Division Direct all inquiries concerning this RFQ to: Chas Webb, PE, CFM Stormwater Engineering Supervisor Email: Charles.webb@RaleighNC.gov 2 Table of Contents 1. Introduction ...............................................................................................3 1.1. Purpose ...........................................................................................3 1.2. Background ......................................................................................3 1.3. RFQ Timeline ...................................................................................4 1.4. Questions .........................................................................................4

1.5. Pre-Submittal Conference ................................................................5 1.6. Submittal Requirements and Contact Information ...........................5 1.7. Rights to Submitted Material ............................................................6 1.8. Communications ..............................................................................6 1.9. Lobbying ..........................................................................................6 1.10. Conflicts of Interest ..........................................................................6 1.11. Proposer Expenses .........................................................................7 1.12. Proposer Acceptance.......................................................................7 2. Qualifications Package ............................................................................8 2.1. Request for Qualifications Required Document Format ...................8 2.2. Hourly Rates ....................................................................................9 2.3. Qualifications Package Documents .................................................9 3. Proposal Evaluation .................................................................................9 3.1. Evaluation Criteria ...........................................................................9 3.2. Final Selection ............................................................................... 10 3.3. Notice to Proposers Regarding RFQ Terms & Conditions ............. 10 4. Scope of Services ................................................................................... 11 Appendix I Proposer Questionnaire ............................................................. 13 Appendix II Reference Questionnaire ........................................................... 14 Appendix III Contract Standard Terms & Conditions .................................. 16 Appendix IV Exceptions to RFQ.................................................................... 25 Appendix V - Identification of MWBE Participation ........................................ 26 3 1 INTRODUCTION 1.1 Purpose The City of Raleigh Stormwater Management Program is seeking the most qualified firms with which to contract for professional surveying services. The selection of one or multiple qualified firms is anticipated that will be able to offer and integrate proven surveying experience. Professional services are envisioned to be provided over multiple years (potentially up to three years) and will be performed under master service agreements with individual statements of work for specific projects and tasks. Stormwater projects/tasks designated as suitable for the on-call services contracts will have an anticipated cost no greater than $50,000. A preliminary scope of services is provided in Section 4 of this solicitation. Information related to this solicitation, including any addenda, will be posted to the North Carolina Interactive Purchasing System (IPS) at: https://www.ips.state.nc.us/IPS/ All questions related to this solicitation must be submitted in writing (via email) to the following individual: Contact Name Email Address Chas Webb Charles.webb@RaleighNC.gov Questions submitted via telephone will not be answered. 1.2 Background The City of Raleigh, the Capital City of North Carolina, remains one of the fastest growing areas in the country. A great economy, top educational institutions, and exceptional health care facilities are some of the characteristics that attract people to the triangle area. The mild climate, diverse work force and proximity to Research Triangle Park combine to make Raleigh a great place to live, work, and play. Raleigh is a 21st Century City of innovation focusing on environmental, cultural, and economic sustainability. The City conserves and protects our environmental resources through best practice and cutting-edge conservation and stewardship, land use, infrastructure and building technologies. The City welcomes growth and diversity through policies and programs that will protect and enhance Raleighs existing neighborhoods, natural amenities, history, and cultural and human resources for future generations. The City leads to improve quality of life for neighborhoods and the 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. https://www.ips.state.nc.us/IPS/ 4 The City of Raleigh Stormwater Management Utility/Division provides and funds comprehensive public stormwater services for Raleigh residents. Stormwater services include capital improvement projects, regulatory compliance and development review, floodplain management, erosion and sediment control, asset management and drainage system maintenance, master planning, water quality retrofit programs, utility administration, and public outreach, education, and involvement. For more information on the Citys Stormwater Management Program please visit the program website at www.RaleighNC.gov, search stormwater. 1.3 RFQ Timeline Provided below is a list of the anticipated schedule of events related to this solicitation. The City of Raleigh reserves the right to modify and/or adjust the following schedule to meet the needs of the project. All times shown are Eastern Time (ET): 1.4 RFQ Questions Requests for clarification and questions to this RFQ must be received by the City not later than the date shown above in Section 1.3, entitled RFQ Timeline, for the submittal of written inquires. The firms failure to request clarification and submit questions by the date in the RFQ Timeline above shall be considered to constitute the firms acceptance of all of the Citys terms and conditions and requirements. The City shall issue addenda reflecting questions and answers to this RFQ, if any, and shall be posted to North Carolina Interactive Purchasing System (IPS). No information, instruction or advice provided orally or informally by any City personnel, whether made in response to a question or otherwise in connection with this RFQ, shall be considered RFQ Process Date and time RFQ Advertisement Date July 27, 2021 Pre-Submittal Conference (See Section 1.5 for location details) August 3, 2021 at 10:00 AM Deadline for written questions August 10, 2021 by 5:00 PM City Response to Questions (anticipated) August 13, 2021 by 5:00 PM Submittal Due Date and Time August 20, 2021 by 4:30 PM Interviews (not anticipated to be required for this RFQ) N/A for this RFQ Selection Announcement (tentative) By September 3, 2021 http://www.raleighnc.gov/ 5 authoritative or binding. Respondents shall be entitled to rely only on written material contained in an Addendum to this RFQ. It is important that all Respondents submitting to this RFQ periodically check the North Carolina Interactive Purchasing System (IPS) for any Addenda. It is the Respondents responsibility to ensure that all addenda have been reviewed and, if required signed and returned. 1.5 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. A Pre-Submittal Conference is anticipated for this RFQ per the schedule and time given in Section 1.3. The meeting will be a virtual meeting Please email Chas Webb for virtual meeting details. 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: 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 one (1) signed original, one (1) electronic version and one (1) 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. Proposals received after the RFQ deadline above will not be considered. The City reserves the right to reject any or all proposals for any reason and to waive any informality it deems in its best interest. Any requirements in the RFQ that cannot be met must be indicated in the proposal. Proposers must respond to the entire Request for Qualifications (RFQ). Any incomplete proposal may be eliminated from competition at the discretion of the City of Raleigh. Submittals that arrive after the due date and time will not be accepted or considered for any reason whatsoever. If the firm elects to mail in its response, the firm must allow sufficient time to ensure the Citys proper receipt of the package by the time specified in Section 1.3 RFQ Timeline. However, this is not recommended because of the COVID- 19 pandemic. Regardless of the delivery method, it is the responsibility of the firm to ensure that their response arrives at the designated location specified in this Section by the due date and time specified in Section 1.3 (RFQ Timeline). City of Raleigh ATTN: Chas Webb, PE 127 West Hargett St., 8th floor Post Office Box 590 Raleigh, NC 27602-0590 RFQ No. 274-SM2021-0009 6 1.7 Rights to Submitted Material All proposals and supporting materials, as well as correspondence relating to this RFQ, shall become the property of the City. The content of all submittals will be held confidential until the selection of the firm is made. Proposals will be reviewed by the Evaluation Team, as well as other City staff and members of the general public who submit public record requests. Any proprietary data must be clearly marked. In submitting a Proposal, each Prospective Proposer agrees that the City may reveal any trade secret materials contained in such response to all City staff and City officials involved in the selection process and to any outside consultant or other third party who serves on the Evaluation Team or who is hired by the City to assist in the selection process. Proposals marked entirely as confidential, proprietary, or trade secret will be considered non-responsive and will be removed from the evaluation process. 1.8 Communications All communications of any nature regarding this RFQ with any City staff, elected City officials, and evaluation committee members are strictly forbidden from the time the solicitation is publicly posted until award. Questions must be submitted in writing to the individual designated in Section 1.1. prior to the deadline provided in Section 1.3. Violation of this provision may result in the firms proposal being removed from consideration. 1.9 Lobbying By responding to this solicitation, the firm certifies that it has not and will not pay any person or firm to influence or attempt to influence an officer or employee of the City or the State of North Carolina, or any elected official in connection with obtaining a contract as a result of this RFQ. 1.10 Conflicts of Interest City of Raleigh contracts are controlled by three conflict of interest provisions. First, federal procurement standards provide in 2 CFR 200.318 (c)(1), No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Similarly, the North Carolina General Statutes provides a criminal statute for conflicts of interest in public contracting. N.C.G.S. 14-234(a): (1) No public officer or employee who is involved in making or administering a contract on behalf of a public agency may derive a direct benefit from the contract 7 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. 1.11 Proposer Expenses The City of Raleigh will not be responsible for any expenses incurred by any Firm in the development of a response to this Request for Qualifications or any other activities associated with this procurement including but not limited to any onsite (or otherwise) interviews and/or presentations, and/or supplemental information provided, submitted, or given to City of Raleigh and/or its representatives. Further, the City of Raleigh shall reserve the right to cancel the work described herein prior to issuance and acceptance of any contractual agreement/purchase order by the recommended Firm(s) even if the awarding authority for each entity has formally accepted a recommendation. 1.12 Proposer Acceptance Submission of any proposal indicates a Proposers acceptance of the conditions contained in this RFQ unless clearly and specifically noted otherwise on Appendix V, Exceptions to RFQ and submitted with proposal. The City of Raleigh has the sole discretion and reserves the right to cancel this RFQ, and to reject any and all proposals, 8 to waive any and all informalities and/or irregularities, if it is deemed to be in the City of Raleighs best interests to do so. The City of Raleigh reserves the right to accept or reject any or all of the items in the proposal, and to award the contract in whole or in part and/or negotiate any or all items with individual firms if it is deemed in the City of Raleighs best interest. Moreover, the City of Raleigh reserves the right to make no selection if proposals are deemed not in the best interest of the City of Raleigh. 2 QUALIFICATIONS PACKAGE Responses must follow the format outlined below. The City may reject as non- responsive at its sole discretion any submittal that does not provide complete and/or adequate responses or departs in any substantial way from the required format. Responses should be limited to 10 pages (front and back equals 2 pages, minimum font size of 11) excluding resumes. 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 RFQ. This letter should be presented on the firms official letterhead and signed by an authorized representative who has the authority to enter into a contract with the City on behalf of the firm. Include the name, address, telephone and email address of the individual who serves as the point of contact for this solicitation. Within the cover letter, please also provide a clear, concise, and compelling answer to this question: Why should the Citys Stormwater Management Program select your firm for on-call stormwater surveying services? Tab 2: Corporate Background and Experience Include background information on the firm and provide detailed information regarding the firms experience with similar projects. Provide a list of all similar contracts performed in the past five years, accompanied by at least three references (contact person, organization, telephone number and email address). Include the total amount invoiced for each listed project, the length of the project, and list of personnel involved in the project who are also proposed for the subject project named in this solicitation. Failure to provide a list of all similar contracts in the specified period may result in the rejection of the firms proposal. The evaluation team reserves the right to contact any or all listed references, and to contact other public entities regarding past performance on similar projects. Tab 3: Understanding, Approach, and Qualifications for On-Call Stormwater Services 9 Provide a comprehensive narrative, outline, and information demonstrating the firm's understanding, approach to, and qualifications for accomplishing on-call projects/tasks as outlined in the Scope of Work section of this RFQ. Tab 4: Project Team, Experience, and Qualifications This section must include the proposed staffing, deployment and firm of personnel to be assigned to the on-call services. 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 team organizational chart which clearly illustrates the roles, responsibilities, and the reporting relationships of each team member should be included. The project manager should be clearly identified with qualifications, experience, and expertise highlighted as directly relevant to the on-call services for which the firm is pursuing in response to this RFQ. 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(s). Hourly rates and/or other cost information are not required for this RFQ. Rates will be negotiated with the most qualified firm(s) following the selection process. 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. 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 (0-10) (a) x (b) Weighted Score Answer within cover letter: Why should the Citys Stormwater Management Program select your firm for on-call stormwater surveying services? 5 Corporate Background and Experience 10 Firm References 10 10 On-Call Stormwater Surveying Services Understanding, Approach, and Qualifications 35 Project Team Experience and Qualifications for On-Call Stormwater Surveying Services 40 Final Score Scoring System: 0 Missing or does not meet minimum expectations 1- Partially Meets Expectations 5- Meets Expectations 10-Exceptional, Significantly Exceeds Expectations 1 through 10 higher rating corresponds to higher rating of qualifications for given item. 3.2 Final Selection Proposals will be reviewed after opening and will be ranked in order of choice, at which point contract negotiations will begin with the most qualified firm(s). 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 written correspondence applicable to the RFQ, may become part of the contract documents. Failure of the awarded Contractor to perform as represented may result in contract cancellation. 3.3 Notice to Proposers Regarding RFQ Terms and Conditions It shall be the Proposers responsibility to read the Instructions, the Citys terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFQ, and to comply with all requirements and specifications provided herein. Proposers are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFQ. CONTRACT TERM - The Contract shall have an initial term of three years, beginning on the date of the Contract approval. At the end of the Contracts current term, the City shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to a total of two additional one-year terms. The City will give the contractor written notice of its intent whether to exercise each option no later than thirty days before the end of the Contracts then-current term. In addition, the City reserves the right to extend a contract term for a period of up to 180 days in 90-day-or-less increments. 11 4 SCOPE OF SERVICES Awarded contractor(s) shall provide services, all as set forth in this RFQ and more particularly described in this Section 4. It is anticipated that this solicitation will result in a Master Services Agreement with varying individual Statements of Work associated with specific projects, tasks, and consulting services. Each individual Statement of Work will contain a detailed scope of services, schedule for performance, and associated budget for services. It is envisioned that one or more firms will be selected for on-call services depending upon the qualifications of respondents to the RFQ and needs of the Citys Stormwater Program for the range of on-call services as outlined herein. Professional services to be provided by the selected on-call surveying firm(s) may include but are not limited to the following: Surveying services to include land surveying, property research, right-of-way surveying, hydrographic surveys, utility locations, and subsurface investigations. Both traditional and GPS surveying, and subsurface utility engineering (SUE) methods may be required. Preparation of temporary easement exhibits, and permanent easement exhibits and/or plats suitable for recordation may be required. Both must be prepared and sealed by a registered professional land surveyor (PLS). The selected consultant will be expected to use and participate in the Citys use of project management and construction management software tools to track budgets, schedules, document controls, and project contractual and payment processes, and other business process tracking. The City is a user of the e-Builder project management software. Geographical Information System (GIS) services and related database and information management capabilities may be required for some projects. The selected firm will be expected to have in-house Quality Assurance and Quality Control (QA and QC) processes that will be executed prior to submittals being made to the City of Raleigh staff. Firms are encouraged to be specific and descriptive regarding their QA and QC. 12 APPENDIX I PROPOSER QUESTIONNAIRE The following questions must be answered, and data given must be clear and comprehensive. If necessary, questions may be answered on separate sheets. The Proposer may submit any additional information desired. Company Name: d/b/a (if applicable) Street / PO Box: City: State: Zip: Phone: Fax: E-Mail: Website (if applicable): Sole Proprietor Partnership Corporation Other Number of years in business under companys present name: Fed Tax ID #: DUNS # Are you certified with the North Carolina Secretary of State to conduct business (if required)? (Check One) YES: NO: Not Applicable: Are you properly licensed/certified by the Federal and/or State of North Carolina to perform the specified work? YES: NO: Not Applicable: ATTACH COPY OF ALL APPLICABLE LICENSING/CERTIFICATION DOCUMENTS Are/will you be properly insured to perform the work? YES: NO: Contact for this Contract: Title: Phone: Fax: E-Mail: Have you ever defaulted or failed on a contract? (If yes, attach details) YES: NO: List at least three (3) references for which you have provided these services (same scope/size) in the past three years - preferably government agencies. Do not include City of Raleigh as a reference to meet the requirement of listing at least (3) references. PROPOSERS ARE RESPONSIBLE FOR SENDING REFERENCE QUESTIONNAIRE (APPENDIX III) TO THEIR REFERENCES. 1. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 2. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 3. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 4. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 5. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: The undersigned swears to the truth and accuracy of all statements and answers contained herein: Authorized Signature: Date: 13 APPENDIX II City of Raleigh On-Call Stormwater Surveying Services Reference Questionnaire The City of Raleigh, as a part of the RFQ, requires proposing companies to submit a minimum of three (3) business references as required within this document. The purpose of these references is to document the experience relevant to the scope of services and provide assistance in the evaluation process. The Proposer is required to send the reference form (the following two pages) to each business reference listed. 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. While it is the Proposers option to verify if their references have been received by the City of Raleigh Point of Contact, the submitting Proposer is not held responsible for the response (or lack of response) of the references. 14 City of Raleigh RFQ Number 274-SM2021-0009 - On-Call Stormwater Surveying Services REFERENCE QUESTIONNAIRE _______________________________________________________________ (Name of Business Requesting Reference) This form is being submitted to your company for completion as a business reference for the company listed above. This form is to be returned to the City of Raleigh, Chas Webb, via email to: Charles.webb@RaleighNC.gov no later than 4:30 p.m. ET, August 20th, 2021 and MUST NOT be returned to the company requesting the reference. For questions or concerns regarding this form, please contact the City of Raleigh, Point of Contact above. Company Providing Reference Contact Name and Title/Position Contact Telephone Number Contact Email Address Questions: 1. In what capacity have you worked with this company in the past? If the company was under a contract, please acknowledge and explain briefly whether or not the contract was successful. Comments: 2. How would you rate this companys knowledge and expertise? 3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable Comments: 3. How would you rate the companys flexibility relative to changes in the scope and timelines? 3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable Comments: 4. What is your level of satisfaction with hard-copy materials, e.g. reports, logs, etc. produced by the company? 15 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 companys principle representatives involved in providing your service and how would you rate them individually? Would you comment on the skills, knowledge, behaviors or other factors on which you based the rating? (3= Excellent; 2= Satisfactory; 1= Unsatisfactory; 0= Unacceptable) Name: Rating: Name: Rating: Name: Rating: Name: Rating: Comments: 7. With which aspect(s) of this companys services are you most satisfied? Comments: 8. With which aspect(s) of this companys services are you least satisfied? Comments: 9. Would you recommend this companys services to your organization again? Comments: 16 APPENDIX III CONTRACT STANDARD TERMS AND CONDITIONS The contract terms provided herein shall become a part of any contract issued as a result of this solicitation. Any exceptions to the contract terms must be stated in the submittal. Any submission of a proposal without objection to the contract terms indicates understanding and intention to comply with the contract terms. If there is a term or condition that the firm intends to negotiate, it must be stated in the proposal. The successful firm(s) will not be entitled to any changes or modifications unless they were first stated in the proposal. The City of Raleigh reserves the right, at its sole discretion, to reject any or all submittal package(s) containing unreasonable objections to standard City of Raleigh contract provisions. 1. Compensation; Time of Payment The standard City of Raleigh payment term is NET 30 days from the date of invoice. For prompt payment all invoices should be emailed to (accountspayable@raleighnc.gov) or mail to the City of Raleigh, Accounts Payable, PO Box 590, Raleigh, North Carolina 27602-0590. All invoices must include the Purchase Order Number. Invoices submitted without the correct purchase order number will result in delayed payment. 2. Standard of Care Engineer shall perform for or furnish to City professional engineering and related services in all phases of the project to which this Contract applies as hereinafter provided. Engineer shall serve as City's prime design professional and engineering representative for the project providing professional engineering consultation and advice with respect thereto. Engineer may employ such Engineer's Consultants as Engineer deems necessary to assist in the performance or furnishing of professional engineering and related services hereunder. Engineer shall not be required to employ any Engineer's Consultant unacceptable to Engineer. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Contract will be the care and skill ordinarily used by members of Engineers profession practicing under similar conditions at the same time and in the same locality. 3. Opinions of Probable Construction Cost Engineers opinions of probable Construction Cost provided for herein are to be made on the basis of Engineers experience and qualifications and represent Engineers best judgment as an experienced and qualified professional engineer generally familiar with the construction industry. However, since Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractors methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not 17 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. 4. Notices All notices, requests for payment, or other communications arising hereunder shall be sent to the following: City of Raleigh Engineer Attn: Telephone: P.O. Box 590 Raleigh, NC 27602 5. Non-Discrimination To the extent permitted by North Carolina law, the parties hereto for themselves, their agents, officials, employees and servants agree not to discriminate in any manner on the basis of race, color, creed, national origin, sex, age, handicap, or sexual orientation with reference to the subject matter of this Contract. The parties further agree, to the extent permitted by law, to conform with the provisions and intent of City of Raleigh Ordinance 1969-889, as amended. This provision is hereby incorporated into this Contract for the benefit of the City of Raleigh and its residents, and may be enforced by action for specific performance, injunctive relief, or other remedy as provided by law. This provision shall be binding on the successors and assigns of the parties with reference to the subject matter of this Contract. 6. Minority and Women Owned Business Enterprise The City of Raleigh prohibits discrimination in any manner on the basis of race, color, creed, national origin, sex, age or handicap or sexual orientation and will pursue an affirmative policy of fostering, promoting and conducting business with women and minority owned business enterprises. The City of Raleigh encourages participation by certified minority and women-owned businesses. If there are any questions, Contact the MWBE Program Manager, PO BOX 590 Raleigh, NC 27602, mwbe@raleighnc.gov, or 919-996-4330. 7. Assignment Neither the City nor the Engineer will assign, sublet, or transfer their interest, duties, or obligations hereunder without the prior written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto, nor shall it create any rights or benefits to parties other than the City and the Engineer, except such other rights as may be specifically called for herein. 8. Applicable Law All matters relating to this Contract shall be governed by the laws of the State of North Carolina, without regard to its choice of law provisions, and venue for any mailto:mwbe@raleighnc.gov 18 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. 9. Insurance Contractor agrees to maintain, on a primary basis and at is sole expense, at all times during the life of this Contract the following coverages and limits. The requirements contained herein, as well as Citys review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this Contract. Commercial General Liability Combined single limit of no less than $1,000,000 each occurrence and $2,000,000 aggregate. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. Automobile Liability Limits of no less than $1,000,000 Combined Single Limit. Coverage shall include liability for Owned, Non-Owned and Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Auto Liability policy. Automobile coverage is only necessary if vehicles are used in the provision of services under this Contract and/or are brought on a COR site. Workers Compensation & Employers Liability Contractor agrees to maintain Workers Compensation Insurance in accordance with North Carolina General Statute Chapter 97 with statutory limits and employees liability of no less than $1,000,000 each accident. Additional Insured Contractor agrees to endorse the City as an Additional insured on the Commercial General Liability, Auto Liability and Umbrella Liability if being used to meet the standard of the General Liability and Automobile Liability. The Additional Insured shall read City of Raleigh is named additional insured as their interest may appear. Certificate of Insurance Contractor agrees to provide COR a Certificate of Insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and Certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available, by Contractors insurer. If Contractor receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Contractor agrees to notify the City within five (5) business days with a copy of the non-renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. The Certificate Holder address should read: 19 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. All insurance companies must be authorized to do business in North Carolina and be acceptable to the City of Raleighs Risk Manager. 10. Indemnity A. To the fullest extent allowed by law, Design Professional 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 Design Professional, the Design Professionals agents, or the Design Professionals employees. B. To the fullest extent allowed by law, Design Professional 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 Agreement when the Fault of the Design Professional 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 Design Professional or its Derivative Parties is a proximate cause of the attorneys fees, litigation or arbitration expenses, or court costs to be indemnified. D. Only to the extent provided pursuant to a policy of insurance, Design Professional shall defend the Indemnified Parties against claims alleged in any court, tribunal, or alternative dispute resolution procedure if the Fault of the Design Professional or its Derivative Parties is a proximate cause of such claims. 20 E. The Design Professionals duty to indemnify, defend, and hold harmless described hereinabove shall survive the termination or expiration of this Contract. F. Definitions: 1. 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. 2. 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. 3. For the purposes of this section, the term Derivative Parties shall mean any of the Design Professionals subcontractors, agents, employees, or other persons or entities for which the Design Professional may be liable or responsible as a result of any statutory, tort, or contractual duty. 11. Intellectual Property Any information, data, instruments, documents, studies, reports or deliverables given to, exposed to, or prepared or assembled by the Engineer under this Contract shall be kept as confidential proprietary information of the City and not divulged or made available to any individual or organization without the prior written approval of the City. Such information, data, instruments, documents, studies, reports or deliverables will be the sole property of the City and not the Engineer. The Engineer shall maintain the right of reuse to any drawings or specifications provided or furnished by the Engineer. The City acknowledges that such drawings or specifications are not intended or represented to be suitable for reuse by the City or others on extensions of the project or on any other project. All intellectual property, including, but not limited to, patentable inventions, patentable plans, copyrightable works, mask works, trademarks, service marks and trade secrets invented, developed, created or discovered in performance of this Contract shall be the property of the City. Copyright in and to any copyrightable work, including, but not limited to, copy, art, negatives, photographs, designs, text, software, or documentation created as part of the Engineers performance of this project shall vest in the City. Works of authorship and contributions to works of authorship created by the Engineers performance of this project are hereby agreed to be works made for hire within the meaning of 17 U.S.C. 201. 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 21 Contract, neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign actions, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Either party to the Contract must take reasonable measures and implement reasonable protections when a weather event otherwise defined as a force majeure event is forecast to be eligible to be excused from the performance otherwise required under this Contract by this provision. 13. Advertising The Engineer shall not use the existence of this Contract, or the name of the City of Raleigh, as part of any advertising without the prior written approval of the City. 14. Cancellation The City may terminate this Contract at any time by providing thirty (30) days written notice to the Engineer. In addition, if Engineer shall fail to fulfill in timely and proper manner the obligations under this Contract for any reason, including the voluntary or involuntary declaration of bankruptcy, the City shall have the right to terminate this Contract by giving written notice to the Engineer and termination will be effective upon receipt. Engineer shall cease performance immediately upon receipt of such notice. In the event of early termination, Engineer shall be entitled to receive just and equitable compensation for costs incurred prior to receipt of notice of termination and for the satisfactory work completed as of the date of termination and delivered to the City. Notwithstanding the foregoing, in no event will the total amount due to Engineer under this section exceed the total amount due Engineer under this Contract. The Engineer shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract, and the City may withhold any payment due to the Engineer for the purpose of setoff until such time as the City can determine the exact amount of damages due the City because of the breach. Payment of compensation specified in this Contract, its continuation or any renewal thereof, is dependent upon and subject to the allocation or appropriation of funds to the City for the purpose set forth in this Contract. 15. Laws/Safety Standards The Engineer shall comply with all laws, ordinances, codes, rules, regulations, safety standards and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and/or authority. Engineer must comply with North Carolina Occupational Safety and Health Standards for General Industry, 29CFR 1910. In addition, Engineer shall comply with all applicable occupational health and safety and environmental rules and regulations. 22 Engineer shall effectively manage their safety and health responsibilities including: a. Accident Prevention Prevent injuries and illnesses to their employees and others on or near their job site. Contractor managers and supervisors shall ensure personnel safety by strict adherence to established safety rules and procedures. b. Environmental Protection Protect the environment on, near, and around their work site by compliance with all applicable environmental regulations. c. Employee Education and Training Provide education and training to all contractors employees before they are exposed to potential workplace or other hazards as required by specific OSHA Standards. 16. Applicability of North Carolina Public Records Law Notwithstanding any other provisions of this Contract, this Contract and all materials submitted to the City by the Engineer are subject to the public records laws of the State of North Carolina and it is the responsibility of the Engineer to properly designate materials that may be protected from disclosure as trade secrets under North Carolina law as such and in the form required by law prior to the submission of such materials to the City. Engineer understands and agrees that the City may take any and all actions necessary to comply with federal, state, and local laws and/or judicial orders and such actions will not constitute a breach of the terms of this Contract. To the extent that any other provisions of this Contract conflict with this paragraph, the provisions of this section shall control. 17. Miscellaneous The Engineer shall be responsible for the proper custody and care of any property furnished or purchased by the City for use in connection with the performance of this Contract and will reimburse the City for the replacement value of its loss or damage. The Engineer shall be considered to be an independent contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. Nothing herein is intended or will be construed to establish any agency, partnership, or joint venture. Engineer represents that it has, or will secure at its own expense, all personnel required in performing the services under this Contract. Such employees shall not be employees of or have any individual contractual relationship with the City. This Contract may be amended only by written agreement of the parties executed by their authorized representatives. 23 18. Right of Audit and Examination of Records a. The City may conduct an audit of any services performed and fees paid subject to this Contract. The City, or its designee, may perform such an audit throughout the contract period and for three (3) years after termination thereof or longer if otherwise required by law. b. The Contractor and its agents shall maintain all books, documents, papers, accounting records, contract records and such other evidence as may be appropriate to substantiate costs incurred under this Contract. The City, or its designee, shall have the right to, including but not limited to: review and copy records; interview current and former employees; conduct such other investigation to verify compliance with contract terms; and conduct such other investigation to substantiate costs incurred by this Contract. c. Records shall be defined as data of every kind and character, including but not limited to books, documents, papers, accounting records, contract documents, information, and materials that, in the City's sole discretion, relate to matters, rights, duties or obligations of this Contract. d. Records and employees shall be available during normal business hours upon advanced written notice. Electronic mail shall constitute written notice for purposes of this section. e. Contractor shall provide the City or its designee reasonable access to facilities and adequate and appropriate workspace for the conduct of audits. f. The rights established under this section shall survive the termination of the Contract, and shall not be deleted, circumvented, limited, confined, or restricted by contract or any other section, clause, addendum, attachment, or the subsequent amendment of this Contract. g. The Contractor shall reimburse the City for any overcharges identified by the audit within ninety (90) days of written notice of the Citys findings. 19. E Verify Contractor shall comply with E-Verify, the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law and as in accordance with N.C.G.S. 64-25 et seq. In addition, to the best of Contractors knowledge, any subcontractor employed by Contractor as a part of this contract shall be in compliance with the requirements of E-Verify and N.C.G.S. 64-25 et seq. 20. Iran Divestment Act Certification Contractor certifies that, as of the date listed below, it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. 147- 86.55, et seq. In compliance with the requirements of the Iran Divestment Act 24 and N.C.G.S. 147-86.59, Contractor shall not utilize in the performance of the contract any subcontractor that is identified on the Final Divestment List. 21. Companies Boycotting Israel Divestment Act Certification Contractor certifies that it has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81. 25 APPENDIX IV EXCEPTIONS TO RFQ Check one: NO EXCEPTIONS, PROPOSER COMPLIES WITH ALL DOCUMENTS IN RFQ. EXCEPTIONS ARE LISTED BELOW: # RFQ Page #, Section #, Appendix # Exceptions [Describe nature of Exception] Explain why this is an issue Proposed Alternative Indicate if exception is negotiable (N) or non- negotiable (NN) 1 2 3 4 5 6 7 8 9 10 11 12 FAILURE TO IDENTIFY ANY EXCEPTIONS WILL INDICATE ACCEPTANCE OF ALL TERMS AND CONDITIONS, AND REQUIREMENTS OF THE RFQ AND ANY CORRESPONDING ADDENDUM ISSUED. THE CITY, AT ITS SOLE DISCRETION, MAY MODIFY OR REJECT ANY EXCEPTION OR PROPOSED CHANGE. Firm: Authorized Signature Title: Printed Name of Signer Date: 26 APPENDIX V IDENTIFICATION OF MWBE PARTICIPATION FOR RFPS AND RFQS SUBMITTALS Although not required for professional services, MWBE participation is encouraged on all City of Raleigh contracting opportunities. If you are using certified MWBEs, please identify them below. I, ________________________________________________________________________________, (Respondent Name, Name of Firm) do hereby certify that on this project, we will use the following Certified MWBE businesses as subcontractors, vendors, suppliers or providers of professional services. Project Name: ______On-Call Stormwater Surveying Services______ Total Project Bid $_______N/A_______________ Bid Date: _________________ Business Name, Phone #, Email Discipline *MWBE CERTIFIED Dollar Value % NCHUB/NCDOT-DBE N/A N/A N/A N/A N/A N/A N/A N/A *MWBE Program Categories: American Indian (AI), Asian American (AA), Black, African American (B), Hispanic (H), Non-minority female (NMF) Socially and Economically Disadvantaged (D) Discipline: Architectural (Arch); Site/Civil (S/C); Structural (S), Mechanical (Mech); Electrical (Elec); Mechanical, Electrical, Plumbing (MEP); Fire Protection (FP); Cost Estimating (CE); Specialty (Spec); Special Inspections (SI); Construction Materials Testing (CMT); Other (please specify)