On-Call Professional Engineering Services Master Agreements (RFQ)

Parks, Recreation and Cultural Resources Department Parks, Development and Communications On-Call Professional Engineering Services Master Agreements Request for Qualifications #: 274-PR-OnCallMA-011020 Issue Date: January 10, 2020 Due Date: February 12, 2020 at 11am EST Direct all inquiries concerning this RFQ to: David P Bender Capital Projects Manager Email: david.bender@raleighnc.gov 919-996-4798 2 Table of Contents 1. Introduction ...............................................................................................3 1.1. Purpose ...........................................................................................3 1.2. Background ......................................................................................4 1.3. RFQ Timeline ...................................................................................4 1.4. Pre-Submittal Conference

................................................................5 1.5. Questions .........................................................................................5 1.6. Submittal Requirements and Contact Information ...........................5 1.7. Rights to Submitted Material ............................................................6 1.8. Communications ..............................................................................7 1.9. Lobbying ..........................................................................................7 1.10. Conflicts of Interest ..........................................................................7 1.11. Proposer Expenses .........................................................................8 1.12. Proposer Acceptance.......................................................................8 2. Qualifications Package .......................................................................... 10 2.1. Request for Qualifications Required Document Format ................. 10 2.2. Hourly Rates .................................................................................. 13 2.3. Qualifications Package Documents ............................................... 13 3. Proposal Evaluation ............................................................................... 14 3.1. Evaluation Criteria ......................................................................... 14 3.2. Final Selection ............................................................................... 14 3.3. Notice to Proposers Regarding RFQ Terms & Conditions ............. 14 3.4. Contract Terms…………………………………………………………15 4. Scope of Services ................................................................................... 15 Appendix I – Hourly Rate Schedule ................................................................. 19 Appendix II – Proposer Questionnaire ............................................................ 20 Appendix III – Reference Questionnaire .......................................................... 21 Appendix IV – Contract Standard Terms & Conditions ................................. 24 Appendix V – Exceptions to RFQ..................................................................... 33 Appendix VI – Vendor Submittal Check List………………………………….....35 3 1 INTRODUCTION 1.1 Purpose The City of Raleigh Parks, Recreation and Cultural Resources Department (PRCR) invites qualified firms to submit qualifications for on-call professional engineering services to include greenway trail planning and design, structure design, streambank stabilization, construction administration (CA), construction engineering and inspection services (CEI), construction materials testing (CMT), cost estimating and bid price comparison and bridge/structure inspections required for park and greenway improvement projects. Specific improvement projects may include trail projects, system gaps such as at grade or grade separated crossings neighborhood trail connections, trail re-alignments, trail repair/repave, storm drainage improvements, stream bank stabilization, new structures and structure repair (i.e. substructure, decking, boardwalks, bridges, foundations, abutments, retaining walls, etc.), and other related improvements. The professional services that may be required to undertake these projects include, but are not limited to: • Civil Engineering • Structural Engineering • Environmental Engineering • Transportation Engineering • Land Surveying • Public Engagement • Construction Administration • Geotechnical • Construction Engineering • Cost Estimation and Bid Price Comparison • Bridge/Structure Inspections • Permitting (Local, State, Federal) • Public Engagement Responses should demonstrate overall qualifications to fulfill the requirements of the scope, to implement project planning, construction documents, project permitting, construction administration, construction engineering/inspections and construction materials testing. The purpose of this Request for Qualifications is for the City of Raleigh Parks, Recreation and Cultural Resources to secure multiple master agreements with qualified firms to provide the professional services identified above. The City may elect to secure fewer firms based on the number of firms qualified to provide the professional services identified above. The professional engineering services required for these types of projects would be an on call as needed basis for three (3) years from the date of executed contract(s). Anticipated projects designated as suitable for the on-call services contract will have an anticipated construction cost no greater than $2,000,000.00. These are City of Raleigh 4 projects and the selected firm(s) will contract directly with the City of Raleigh. Contracts will be set up on a not to exceed basis with individual scope of services for each project(s). A detailed 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 David P Bender, Capital Projects Manager david.bender@raleighnc.gov Questions submitted via telephone will not be answered. 1.2 Background The City of Raleigh, the Capital City of North Carolina, remains one of the fastest growing areas in the country. A great economy, top educational institutions, and exceptional health care facilities are some of the characteristics that attract people to the triangle area. The mild climate, diverse work force and proximity to Research Triangle Park combine to make Raleigh a great place to live. Raleigh is a 21st Century City of Innovation focusing on environmental, cultural, and economic sustainability. The City conserves and protects our environmental resources through best practice and cutting-edge conservation and stewardship, land use, infrastructure and building technologies. The City welcomes growth and diversity through policies and programs that will protect and enhance 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. Raleigh’s Parks and the Capital Area Greenway (CAG) systems are one of the city’s most valued assets and residents consistently rank the enhancement and expansion of these facilities as one of their top priorities. As site infrastructure (asphalt, bridges, boardwalks, substructure, and retaining walls) within our parks and greenway system ages, the need to repair or replace this infrastructure is necessary. Furthermore, there are several identified “gaps” or connections within the CAG that when completed will improve connectivity and accessibility within the system. These projects are short segments, typically less than 1 mile. Park development and improvements are funded through the city’s Capital Improvement Program (CIP) including both periodic park bond referendum and annual capital fund allocations. The CIP is the city’s five-year financial plan that analyzes major facility needs, projects fiscal resources, establishes priorities, and develops schedules for the https://www.ips.state.nc.us/IPS/ https://www.ips.state.nc.us/IPS/ 5 acquisition and construction of capital facilities. Most of the scope of work for the selected firms will be supported by the PRCR CIP funds. In addition to the improvement projects identified above, there are unexpected situations that arise that require immediate action for design and repairs of site infrastructure. In some cases, changes in stream bank dynamics may cause the need for relocation of trail segments, stream bank stabilization and storm drainage improvements. Also, the Department completes an engineering evaluation of park/greenway bridges and structures on a 5-year cycle and the evaluation identifies those in need of repair or replacement. The top priority needs of this evaluation will be included in the scope of work for the selected firms. The City’s annual CIP funding will support a portion of these projects. 6 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 TIME RFQ Advertisement January 10, 2020 Pre-Submittal Conference January 16, 2020 1 P.M. Offerors Written Questions Due January 23, 2020 4 P.M. City Responses to Contractor Questions (Addendum) January 29, 2020 4 P.M. RFQ Due Date – Qualifications due from Offerors February 12, 2020 11 A.M. 1.4 Pre-Submittal Conference A Non-Mandatory PRE-SUBMITTAL CONFERENCE for all prospective offerors is scheduled for January 16, 2020 at 1 P.M. The conference will be located at the Raleigh Municipal Building, 222 W. Hargett Street, Suite 305, Raleigh, NC. Attendance at this conference is not required but encouraged. Prospective offerors are encouraged to submit written questions in advance by email to avid.bender@raleighnc.gov. Questions will also be received at the Pre-Qualifications Conference. Upon review of the RFQ documents, offerors may have questions to clarify or interpret the RFQ in order to submit the best qualifications possible. To accommodate the Qualifications Questions process, offerors shall submit any such questions by the above Offerors Written Questions Due date via e-mail, to david.bender@raleighnc.gov. Responses to all questions submitted including questions from the Pre-Qualifications Conference will be compiled into a single document and shared posted on the internet as an addendum, located under RFQ #: 274-PR-OnCallMA-011020 being modified by the date listed above. It is the offeror’s responsibility to assure that all addenda have been reviewed and, if need be, signed and returned. 1.5 Questions Requests for clarification and questions to this RFQ must be received by the City not later than the date shown above in Section 1.3, entitled “RFQ Timeline”, for the submittal of written inquires. The 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 mailto: mailto: mailto:david.bender@raleighnc.gov mailto:david.bender@raleighnc.gov 7 a question or otherwise in connection with this RFQ, shall be considered authoritative or binding. Respondents shall be entitled to rely only on written material contained in an Addendum to this RFQ. It is important that all Respondents submitting to this RFQ periodically check the North Carolina Interactive Purchasing System (IPS) for any Addenda. It is the Respondents responsibility to ensure that all addenda have been reviewed and, if required signed and returned. 1.6 Submittal Requirements and Contact Information Proposals must follow the format as defined in Section 2 Qualifications Package and be addressed and submitted as follows: DELIVERED BY US POSTAL SERVICE DELIVERED BY ALL OTHER MEANS City of Raleigh Parks, Recreation and Cultural Resources Department City of Raleigh Parks, Recreation and Cultural Resources Department ATTN: David P Bender ATTN: David P Bender PO Box 590 222 W. Hargett St. Suite 608 Raleigh, NC 27602 RFQ No. 274-PR-OnCallMA-011020 Raleigh, NC 27602 RFQ No. 274-PR-OnCallMA-011020 Proposals must be enclosed in a sealed envelope or package and clearly marked with the name of the submitting company, the RFQ #: 274-PR-OnCallMA-011020 and the RFQ Title: PRCR On-Call Professional Engineering Services Master Agreements. Proposers must submit one (1) signed original, one (1) electronic version and six (6) 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 due date and time provided in Section 1.3. Proposals received after the RFQ deadline above will not be considered and will be returned unopened to the return address provided on the submission envelope. The City reserves the right to reject any or all proposals for any reason and to waive any informality it deems in its best interest. Any requirements in the RFQ that cannot be met must be indicated in the proposal. Proposers must respond to the entire Request for Qualifications (RFQ). Any incomplete proposal may be eliminated from competition at the discretion of the City of Raleigh. Submittals that arrive after the due date and time will not be accepted or considered for any reason whatsoever. If the Firm elects to mail in its response, the Firm must allow sufficient time to ensure the 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 by the due date and time specified in Section 1.3 RFQ Timeline. 8 1.7 Rights to Submitted Material All proposals and supporting materials, as well as correspondence relating to this RFQ, shall become the property of the City. The content of all submittals will be held confidential until the selection of the firm is made. Proposals will be reviewed by the Evaluation Team, as well as other City staff and members of the general public who submit public record requests. Any proprietary data must be clearly marked. In submitting a Proposal, each Prospective Proposer agrees that the City may reveal any trade secret materials contained in such response to all City staff and City officials involved in the selection process and to any outside consultant or other third party who serves on the Evaluation Team or who is hired by the City to assist in the selection process. Proposals marked entirely as “confidential”, “proprietary”, or “trade secret” will be considered non-responsive and will be removed from the evaluation process. 1.8 Communications All communications of any nature regarding this RFQ with any City staff, elected City officials, evaluation committee members are strictly forbidden from the time the solicitation is publicly posted until award. Questions must be submitted in writing to the individual designated in Section 1.1. prior to the deadline provided in Section 1.3. Violation of this provision may result in the firm’s proposal being removed from consideration. 1.9 Lobbying By responding to this solicitation, the firm certifies that is has not and will not pay any person or firm to influence or attempt to influence an officer or employee of the City or the State of North Carolina, or any elected official in connection with obtaining a contract as a result of this RFQ. 1.10 Conflicts of Interest City of Raleigh contracts are controlled by three conflict of interest provisions. First, federal procurement standards provide in 2 CFR 200.318 I(1), No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. Similarly, the North Carolina General Statutes provides a criminal statute for conflicts of interest in public contracting. N.C.G.S. § 14-234(a): (1) No public officer or employee who is involved in making or administering a contract on behalf of a public agency may derive a direct benefit from the contract except as provided in this section, or as otherwise allowed by law. (2) A public officer 9 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 even if the awarding authority for each entity has formally accepted a recommendation. 1.12 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 Appendix V, “Exceptions to RFQ” and submitted with proposal. The City of Raleigh has the sole discretion and reserves the right to cancel this RFQ, and to reject any and all proposals, to waive any and all informalities and/or irregularities, if it is deemed to be in the City of 10 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 of Raleigh. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 11 2 QUALIFICATIONS PACKAGE Responses must follow the format outlined below. The City may reject as non- responsive at its sole discretion any submittal that does not provide complete and/or adequate responses or departs in any substantial way from the required format. 2.1 Request for Qualifications Required Document Format Responses should be divided using tabs to separate each section, listed sequentially as follows: Tab 1: Cover Letter Provide an introduction letter summarizing the unique qualifications of your firm to meet the needs of this 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 Similar Project Experience Include background information on the firm and provide project summaries regarding the firm’s experience with similar projects. Provide a list of all similar contracts performed in the past five (5) number of years, accompanied by at least three (3) references (contact persons, firm, telephone number and email address). Each project summary should include the following, as applicable: 1. Description of the project including scope; 2. Description of services rendered by the Consultant or team; 3. Degree of involvement (prime consultant or sub consultant); 4. Associate firms involved and their assigned responsibilities; 5. Key principal and associate staff involved, along with their assigned responsibilities; 6. Project schedule (initial schedule and actual/final schedule), including an explanation of delays, if any; 7. Description of role in public process, including public outreach approach; 8. Initial project budget and final project cost; and 9. Project references including current names, addresses and telephone numbers. 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 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 12 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)). All financial information, statements and/or documents provided in response to this solicitation shall be kept confidential provided that EACH PAGE is marked as follows: “CONFIDENTIAL – DO NOT DISCLOSE EXCEPT FOR THE EXPRESS PURPOSE OF PROPOSAL EVALUATION. “ “Recent” shall be defined as financial statements that were prepared within the 12 months preceding the issuance date of this RFQ. Consolidated financial statements of the 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 This section shall include, in narrative, outline, and/or graph form the offeror’s approach to accomplishing the tasks outlined in the Scope of Work section of this RFQ. A description of each task and deliverable for accomplishing each shall be included. 1. Process for evaluating designs, identifying permits and permitting agencies, and site and environmental analysis; 2. Personnel, management tools, techniques, and procedures used to maintain project schedules; 3. Proposal for public involvement and facilitating public meetings. Provide demonstrated experience in facilitating public input processes and resolving conflicts; and 4. Approach and specific experiences in developing cost estimates; Tab 5: Team Organization and Qualifications This section must include the proposed staffing, deployment and organization of personnel to be assigned to the project(s). 13 1. Team organization chart showing all firms, contractual relationship between firms, and names of specific staff proposed for this project, including their titles; 2. Responsibilities to be fulfilled by each team member assigned to the Project. The description of responsibilities shall include an estimated percentage of the total project that is to be completed by each individual team member; 3. Explain how the Consultant team is qualified to provide the requested services in this RFQ; and 4. Detailed resumes for proposed staff (excluded from the 40 and 20 page limits referenced above). Tab 6: Current Workload Listing of current projects and schedules for completion. Listing of current projects of your firm’s current work load, list whether you are the prime or sub-consultant, percentage of the project complete and schedule for completion. Tab 7: Pending Lawsuits Listing of any pending or settled lawsuits in which the Consultant was involved during the past five years. 2.2 Hourly Rates This solicitation is being issued in accordance with NCGS 143-64.31, otherwise known as the Mini-Brooks Act, and therefore price cannot and will not be a determining factor in the selection of the successful contractor. One copy of the hourly rates for all proposed project personnel should be enclosed in a separate, sealed envelope. 2.3 Qualifications Package Documents This RFQ is comprised of the base RFQ document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFQ in advance of any Contract award are incorporated herein by reference. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 14 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 Team Organization and Personnel Qualifications 6 Firm Experience 9 Firm Capacity and Work Load 5 Project Understanding, Approach and Schedule 7 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 Proposals will be reviewed after opening and will be ranked in order of choice, at which point contract negotiations will begin with the most qualified firm. If negotiations are unsuccessful, the City will then pursue negotiations with the next most qualified firm. 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 Contractor’s fee proposal, and/or written correspondence applicable to the RFQ, may become part of the contract documents. Failure of the awarded Contractor to perform as represented may result in contract cancellation. 3.3 Notice to Proposers Regarding RFQ Terms and Conditions It shall be the Proposer’s responsibility to read the Instructions, the City’s 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. 15 3.4 Contract Term The Contract shall have an initial term of three (3) years, beginning on the date of the Contract award (the “Effective Date”). At the end of the Contract’s 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 (2) additional one-year terms. The City will give the Contractor written notice of its intent whether to exercise each option no later than 30 days before the end of the Contract’s 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. 4 SCOPE OF SERVICES The primary and/or subconsultant firm shall be qualified to provide services as set forth in this RFQ and described in this Section 4. The services outlined below are intended to be a general outline of the work and not an all-inclusive description of the professional services that may be required to undertake the project. The City of Raleigh, as a part of the RFQ, requires each proposing vendor to complete Appendix VI Vendor Submittal Check List for those skills in the Scope of Services their firm can and will perform in-house. A. EXISTING SITE INFORMATION AND EVALUATION, EXISTING CONDITIONS, SITE CONSTRAINTS • Conduct all necessary site visits to confirm the scope of work and budget; • Gather mapping and other documentation, including, but not limited to, Park & Greenway Bridge Structure Inspection Reports, As-Built(s), plats and deeds, to become familiar with the existing conditions, and to create existing conditions map(s); • Natural Systems evaluations; • Conduct wetland delineation and hydraulic evaluations; • Conduct Flood Studies to determine possible impacts to flood elevations; • Evaluation of traffic and traffic impacts, if needed; • Subsurface evaluation and testing for structural elements and trail sub-grade conditions; • Conduct field assessments as appropriate, including but not limited to: property and topographic survey; wetland delineation; soil testing; utility information; • Provide land survey for design and permit submittals, including but not limited to, property, greenway easement boundaries, topography, utilities, storm drainage, tree location, tree conservation area boundaries, streams, floodplains, wetlands, and other site features; • Perform any investigation and/or testing necessary to produce accurate and complete contract documents (Owner to pay testing fees as a reimbursable expense). Based upon these evaluations, the Consultant will determine feasibility, suitability, maintainability, and cost-effective options for these improvements. 16 B. DESIGN, PERMITTING, PERMIT APPLICATIONS • Prepare design drawings at 30%, 60% and 100% levels. o The Consultant shall have knowledge of and incorporate current accessibility requirements; o Environmentally sensitive technologies should be implemented in the planning, design, and construction of projects to the extent possible within the project budget; o Schematic drawings (30%) at a minimum shall include a preliminary site plan showing preliminary horizontal and vertical alignment, grading concepts, and storm drainage concepts. The plans should also identify locations and general dimensions of buildings, roads, parking, bridges, boardwalks, any other critical structures. The Consultant shall submit a preliminary Engineer’s Opinion of Construction Cost at this time; o Design Development drawings (60%) at a minimum shall include a cover sheet and a preliminary drawing index, site plan, clearing limits, a sediment/erosion control plan, storm drainage plans, wetland, buffer, and stream bank impacts for PCN permitting, plans and details for bridges, boardwalk structures, retaining walls, storm drainage structures, pavement sections, signage, and site furnishings. Plans should be adequate to identify dimensions, materials, loading capacity, storm drainage calculations, etc. The plans should identify potential property acquisitions. The submission of the Design Development plans shall also include technical specifications, a preliminary bid form, and an Engineer’s Opinion of Construction Cost; o Construction Documents (100%) at a minimum shall include a cover sheet and drawing index, site plan, plan and profile sheets, clearing and grading limits, sediment/erosion control plan, storm drainage, stream centerline, plan, and profile, stream cross sections at each structure or major change in dimension, signage plan, plans and details for bridges, retaining walls, boardwalks, structures, pavement sections, miscellaneous site furnishings, all details, and all other work necessary to complete the project scope. The plans shall identify dimensions, materials, loading capacity, storm drainage calculations, nitrogen loading, flood plain locations, tree conservation areas (if required), and all other associated tasks. Documents shall also include Division 1 and technical specifications, a bid form, and a revised Engineer’s Opinion of Construction Cost; • Meet with representatives of federal, state and local agencies to review permitting requirements and parameters for evaluating options for remediating environmental contamination, if needed. Agencies that may need to be contacted include, but are not limited to, the U.S. Army Corps of Engineers (USACE), Federal Emergency Management Agency (FEMA), the North Carolina Department of Transportation (NCDOT), the North Carolina Department of Environmental Quality (NCDEQ), City of Raleigh Development Services, City of Raleigh Departments; • Submit and respond to questions and comments from the regulatory agencies; • Identify, prepare and submit required federal, state and local permit applications and secure permits and other applicable regulatory approvals: o Solicit responses from reviewing agencies toward receiving a Categorical Exclusion; o Prepare and submit as needed Pre-Construction Notification(s) covering all areas of wetland, stream buffer and stream bank impacts; 17 o Submit soil erosion and grading plans to the NCDEQ – Division of Environmental Quality for review and permitting prior to bidding; o Submit flood studies to FEMA for review and permitting a Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR). o Submit building plans to the City Inspections Department prior to bidding; o Prepare complete site development plans in compliance with City requirements for commercial construction and comply with soil erosion and nitrogen reduction requirements of the City code; o Calculate and prepare all other required documentation including but not limited to: loading capacity, storm drainage calculations, nitrogen loading, flood plain locations, tree conservation areas (if required), and all other associated tasks; o Prepare and resolve other permit and code requirements to complete the project; • Prepare plat or exhibit, legal descriptions, if needed; • Prepare and update typical design standard drawings, and • Review bid proposals, certify the bid tabulation, and recommend construction award when bids are received; C. PROJECT MANAGEMENT, MEETINGS, PUBLIC ENGAGEMENT • Attend meetings, as required, with City staff and project partners and prepare meeting summaries; • Public engagement – conduct public meetings to share information at key points during the design phase; and • Conduct presentations to City boards and/or City Council. *Note: Not all projects will require public engagement. D. CONSTRUCTION ADMINISTRATION (CA) AND CONSTRUCTION ENGINEERING AND INSPECTION SERVICES (CEI) • Schedule and conduct monthly progress meetings; • Complete site inspections during construction to observe progress of construction and compliance with drawings, specifications and/or Project Manual. Reporting to be disseminated in monthly report to the contractor and owner; • Review and approve shop drawings, samples, submittals, schedules, product certification sheets; • Review/respond to contractor’s request for information (RFI), and review contractor’s payment request, change order proposals; • Review Erosion Control reports; • Provide written monthly summary/status reports monthly; • Review and evaluate construction material test reports, including timber piles, compaction reports, concrete and asphalt test reports with a summary report to the owner in the monthly report; • Coordination with Sub-consultants and the Contractor; • Provide Construction Engineering Inspections in accordance with the Project Manual; • Administer the contract to ensure that all work is performed in accordance with the contract documents; 18 • Provide Special Inspections, records of inspections and Statement of Special Inspections (SSI) per NC Building Code; • Conduct punch lists and reporting from Substantial and Final inspections; and • Provide Project close-out documents including but not limited to Substantial and Final completion documents, As-Built Drawings E. CONSTRUCTION MATERIALS TESTING The scope of services construction materials testing will generally include geotechnical engineering consultation and/or construction material testing (CMT) to be conducted by certified staff on the respective project sites and in a testing laboratory. Such testing includes, but is not limited to, soil and concrete, asphalt thickness/density, bolting inspections, foundations, subgrade (stone) compaction, reinforcing steel, gravity tests, compression testing as well as material certification. The following is a general scope of services: • Provide engineering consultation as needed; • Provide field testing, laboratory testing; • Review test data; • Provide project management and reporting; • Prepare daily reports of site visits; • Coordination with other consultants and contractors; • Provide written monthly summary/status reports monthly; and • Attend project coordination/progress meetings. F. BID ESTIMATING AND BID PRICE COMPARISONS • Outline recommended procedures for preparing engineer’s estimates and for reviewing bids prior to concurrence in award. • Provide guidance for improving pre-bid, bid review and evaluation policies and procedures. • Improve competitive bidding procedures. G. STRUCTURE / BRIDGE INSPECTIONS The scope of services for structure/bridge inspections will generally include individual structure evaluations, inspection reports, and recommendations for repair and estimated repair costs for structures. 1. Visit to each site by a NBI certified Team Lead Inspector (Structural Engineer or Structural Designer preferred). Photograph bridge structure. 2. Visually inspect each structure and evaluate or rate the following (but not limited to) to determine specific structural deficiencies in accordance with NTSB standards: decking, railing expansion joints, drainage systems, lights/utilities (if applicable), bearing devices, girders/beams, stringers, floor beams, diaphragms/cross 19 frames, paints, rivets/bolts, welds/cracks, rust, timber decay, concrete cracking, collision damage, deflection under load, alignments of members, vibration under load, critical fractures, abutments, piers/bents, pile bents, steel corrosion, undermining/scour, channel scour, embankment erosion, drift/debris, vegetation, channel alignment, fender system, spur dikes/jetties, riprap/slope protection, channel width at bridge, channel width 5 ft. upstream, waterway adequacy, approach, guardrails, approach pavement, approach embankments, approach slabs, signing, speed limit, posted load limits, traffic safety features (railings, transitions, guardrails, guardrail ends) 3. Calculate Bridge Loading Ratings. Calculate Tonnage Ratings for pedestrians and vehicles. Provide calculations in final Bridge Inspection Report. Engineer must provide detailed measurement and must have the necessary equipment to get these measurements. 4. Locate PK nail sets at both ends to determine X, Y and Z coordinates (survey accuracy) for all structures. (Only for Bridge Structures which have never been inspected prior) 5. Provide recommendations and cost estimates for needed structural repair or replacement. Prioritize repair work according to: public safety, cost of repair/replacement and estimated remaining life of the structure. 20 APPENDIX I HOURLY RATE SCHEDULE Awarded Contractor shall perform the services to be performed as set forth in this RFQ and more particularly described in Section 5 utilizing the following hourly rate schedule below. Position Title Hourly Rate TO BE SUBMITTED IN A SEPARATE, SEALED ENVELOPE Firm Name: ____________________________________________________________ Authorized Signature: _________________________________Date_______________ Signed by: _____________________________________________________________ [Type or Print Name] Title of Signer: __________________________________________________________ 21 APPENDIX II PROPOSER QUESTIONNAIRE The following questions must be answered, and data given must be clear and comprehensive. If necessary, questions may be answered on separate sheets. The Proposer may submit any additional information desired. Company Name: d/b/a (if applicable) Street / PO Box: City: State: Zip: Phone: Fax: E-Mail: Website (if applicable): Sole Proprietor Partnership Corporation Other Number of years in business under company’s 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: 22 APPENDIX III City of Raleigh Parks, Recreation and Cultural Resources Department On-Call Professional Engineering Services Master Agreements Reference Questionnaire The City of Raleigh, as a part of the RFQ, requires proposing companies to submit a minimum of three (3) business references as required within this document. The purpose of these references is to document the experience relevant to the scope of services and provide assistance in the evaluation process. The Proposer is required to send the reference form (the following two pages) to each business reference listed on Proposer Questionnaire. The business reference, in turn, is requested to submit the Reference Form directly to the City of Raleigh Point of Contact identified on the Reference Questionnaire form for inclusion in the evaluation process. The form and information provided will become a part of the submitted proposal. The business reference may be contacted for validation of the response. It is the 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. 23 City of Raleigh RFQ #: 274-PR-OnCallMA-011020 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, David P Bender via email to David.bender@raleighnc.gov no later than 11:00 a.m. ET, February 12, 2020 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: 4. What is your level of satisfaction with hard-copy materials, e.g. reports, logs, etc. produced by the company? 3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable Comments: mailto:David.bender@raleighnc.gov mailto:David.bender@raleighnc.gov 24 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: _________________________________________________________________________ _____________________________________ 25 APPENDIX IV CONTRACT STANDARD TERMS AND CONDITIONS The contract terms provided herein shall become a part of any contract issued as a result of this solicitation. Any exceptions to the contract terms must be stated in the submittal. Any submission of a proposal without objection to the contract terms indicates understanding and intention to comply with the contract terms. If there is a term or condition that the firm intends to negotiate, it must be stated in the proposal. The successful firm will not be entitled to any changes or modifications unless they were first stated in the proposal. The City of Raleigh reserves the right, at its sole discretion, to reject any or all submittal package(s) containing unreasonable objections to standard City of Raleigh contract provisions. 1. Compensation; Time of Payment The standard City of Raleigh payment term is NET 30 days from the date of invoice. For prompt payment all invoices should be emailed to (accountspayable@raleighnc.gov) or mail to the City of Raleigh, Accounts Payable, PO Box 590, Raleigh, North Carolina 27602-0590. All invoices must include the Purchase Order Number. Invoices submitted without the correct purchase order number will result in delayed payment. 2. Standard of Care Engineer shall perform for or furnish to City professional engineering and related services in all phases of the project to which this Contract applies as hereinafter provided. Engineer shall serve as City's prime design professional and engineering representative for the project providing professional engineering consultation and advice with respect thereto. Engineer may employ such Engineer's Consultants as Engineer deems necessary to assist in the performance or furnishing of professional engineering and related services hereunder. Engineer shall not be required to employ any Engineer's Consultant unacceptable to Engineer. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Contract will be the care and skill ordinarily used by members of 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 mailto:accountspayable@raleighnc.gov mailto:accountspayable@raleighnc.gov 26 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: David P Bender Telephone: 919-996-4798 P.O. Box 590 Raleigh, NC 27602 5. Non-Discrimination To the extent permitted by North Carolina law, the parties hereto for themselves, their agents, officials, employees and servants agree not to discriminate in any manner on the basis of race, color, creed, national origin, sex, age, handicap, or sexual orientation with reference to the subject matter of this Contract. The parties further agree, to the extent permitted by law, to conform with the provisions and intent of City of Raleigh Ordinance 1969-889, as amended. This provision is hereby incorporated into this Contract for the benefit of the City of Raleigh and its residents, and may be enforced by action for specific performance, injunctive relief, or other remedy as provided by law. This provision shall be binding on the successors and assigns of the parties with reference to the subject matter of this Contract. 6. Minority and Women Owned Business Enterprise The City of Raleigh prohibits discrimination in any manner on the basis of race, color, creed, national origin, sex, age or handicap or sexual orientation and will pursue an affirmative policy of fostering, promoting and conducting business with women and minority owned business enterprises. The City of Raleigh encourages participation by certified minority and women-owned businesses. If there are any questions, Contact the MWBE Program Manager, PO BOX 590 Raleigh, NC 27602, mwbe@raleighnc.gov, or 919-996-4330. 7. Assignment Neither the City nor the Engineer will assign, sublet, or transfer their interest, duties, or obligations hereunder without the prior written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto, nor shall it create any rights or benefits to parties other than the City and the Engineer, except such other rights as may be specifically called for herein. 8. Applicable Law All matters relating to this Contract shall be governed by the laws of the State of North Carolina, without regard to its choice of law provisions, and venue for any action relating to this Contract shall be Wake County Civil Superior Court or the mailto:mwbe@raleighnc.gov mailto:mwbe@raleighnc.gov 27 United States District Court for the Eastern District of North Carolina, Western Division. 12. 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. 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. 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 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 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: 28 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 Raleigh’s Risk Manager. 13. Indemnity Except to the extent caused by the sole negligence or willful misconduct of the City, the Engineer shall indemnify and hold and save the City, its officers, agents and employees, harmless from liability of any kind, including all claims, costs (including defense) and losses accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this Contract, and from any and all claims, costs (including defense) and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Engineer in the performance of this Contract. This representation and warranty shall survive the termination or expiration of this Contract. The Engineer shall indemnify and hold and save the City, its officers, agents and employees, harmless from liability of any kind, including claims, costs (including defense) and expenses, on account of any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this Contract. 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 Professional’s agents, or the Design Professional’s employees. B. In matters other than those covered by subsection 7.18A, above, and to the fullest extent allowed by law, Design Professional shall indemnify and hold harmless the Indemnified Parties from and against those Losses, liabilities, 29 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 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, 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. E. The Design Professional’s 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 Professional’s 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. 14. 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. 30 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. 15. 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. 16. 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. 17. 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 31 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. 18. 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. 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 contractor’s employees before they are exposed to potential workplace or other hazards as required by specific OSHA Standards. 19. 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 32 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. 20. 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. 21. 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. 33 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. 22. 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. 23. 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. 24. 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. 34 APPENDIX V EXCEPTIONS TO RFQ Check one: ☐ NO EXCEPTIONS, PROPOSER COMPLIES WITH ALL DOCUMENTS IN RFQ. ☐ EXCEPTIONS ARE LISTED BELOW: # RFQ Page #, Section #, Appendix # Exceptions [Describe nature of Exception] Explain why this is an issue Proposed Alternative Indicate if exception is negotiable (N) or non- negotiable (NN) 1 2 3 4 5 6 7 8 9 10 11 12 FAILURE TO IDENTIFY ANY EXCEPTIONS WILL INDICATE ACCEPTANCE OF ALL TERMS AND CONDITIONS, AND REQUIREMENTS OF THE RFQ AND ANY CORRESPONDING ADDENDUM ISSUED. THE CITY, AT ITS SOLE DISCRETION, MAY MODIFY OR REJECT ANY EXCEPTION OR PROPOSED CHANGE. Firm: Authorized Signature Title: Printed Name of Signer Date: 35 APPENDIX VI VENDOR SUBMITTAL CHECK LIST City of Raleigh Parks, Recreation and Cultural Resources Department On-Call Professional Engineering Services Master Agreements The City of Raleigh, as a part of the RFQ, requires each proposing vendor to select which element(s) of the Scope of Services described in Section 4 will be performed by your firm: VENDOR SUBMITTALS (Check all that apply) SCOPE OF SERVICES QUALIFICATIONS A. EXISTING SITE INFORMATION AND EVALUATION, EXISTING CONDITIONS AND SITE CONSTRAINTS B. DESIGN, PERMITTING, PERMIT APPLICATIONS C. PROJECT MANAGEMENT, MEETINGS, PUBLIC ENGAGEMENT D. CONSTRUCTION ADMINISTRATION (CA) AND CONSTRUCTION ENGINEERING AND INSPECTION SERVICES (CEI) E. CONSTRUCTION MATERIALS TESTING F. BID ESTIMATING AND BID PRICE COMPARISON G. STRUCTURE / BRIDGE INSPECTIONS Firm Name: ____________________________________________________________ Authorized Signature: _________________________________Date_______________ Signed by: _____________________________________________________________ [Type or Print Name] Title of Signer: _________________________________________________________ 1 INTRODUCTION 1 INTRODUCTION 1.1 Purpose 1.1 Purpose 1.2 Background 1.2 Background 1.3 RFQ Timeline 1.3 RFQ Timeline 1.4 Pre-Submittal Conference 1.4 Pre-Submittal Conference 1.5 Questions Requests for clarification and questions to this RFQ must be received by the City not later than th... 1.5 Questions Requests for clarification and questions to this RFQ must be received by the City not later than th... 1.6 Submittal Requirements and Contact Information 1.6 Submittal Requirements and Contact Information 1.7 Rights to Submitted Material All proposals and supporting materials,... 1.7 Rights to Submitted Material All proposals and supporting materials,... 1.7 Rights to Submitted Material All proposals and supporting materials,... 1.8 Communications 1.8 Communications 1.9 Lobbying 1.9 Lobbying 1.10 Conflicts of Interest 1.10 Conflicts of Interest 1.11 Proposer Expenses 1.11 Proposer Expenses 1.12 Proposer Acceptance 1.12 Proposer Acceptance 2 QUALIFICATIONS PACKAGE 2 QUALIFICATIONS PACKAGE 2.1 Request for Qualifications Required Document Format 2.1 Request for Qualifications Required Document Format 2.2 Hourly Rates 2.2 Hourly Rates 2.3 Qualifications Package Documents 2.3 Qualifications Package Documents 3 PROPOSAL EVALUATION 3 PROPOSAL EVALUATION 3.1 Evaluation Criteria 3.1 Evaluation Criteria 3.2 Final Selection 3.2 Final Selection 3.3 Notice to Proposers Regarding RFQ Terms and Conditions 3.3 Notice to Proposers Regarding RFQ Terms and Conditions 3.4 Contract Term 3.4 Contract Term 3.4 Contract Term (a) x (b) (b) (a) Weighted Score Criteria Score (0-3) Weight Final Score 4 SCOPE OF SERVICES 4 SCOPE OF SERVICES The scope of services for structure/bridge inspections will generally include individual structure evaluations, inspection reports, and recommendations for repair and estimated repair costs for structures. The scope of services for structure/bridge inspections will generally include individual structure evaluations, inspection reports, and recommendations for repair and estimated repair costs for structures.