Southern Corridor Final Design

Request for Qualifications # 274-2022SBRT Title: Wake BRT: Southern Corridor Final Design Issue Date: December 2, 2022 Due Date: January 20, 2023 no later than 4:00 PM EST Issuing Department: Transportation - Transit Direct all inquiries concerning this RFQ to: Het Patel Planning Supervisor Email: het.patel@raleighnc.gov mailto:het.patel@raleighnc.gov 2 Table of Contents 1. Introduction .............................................................................................. 3 1.1. Purpose ........................................................................................... 3 1.2. Background ..................................................................................... 3 1.3. RFQ Timeline .................................................................................. 5 1.4. Pre-Submittal Conference

............................................................... 5 1.5. Questions ........................................................................................ 5 1.6. Submittal Requirements and Contact Information ........................... 6 1.7. MWBE Participation Form ............................................................... 8 1.8. Rights to Submitted Material ........................................................... 8 1.9. Communications ............................................................................. 8 1.10. Lobbying ......................................................................................... 8 1.11. Conflicts of Interest ......................................................................... 8 1.12. Proposer Expenses ......................................................................... 9 1.13. Proposer Acceptance .................................................................... 10 1.14. Federal Funding Requirements ..................................................... 10 2. Qualifications Package .......................................................................... 14 2.1. Request for Qualifications Required Document Format ................ 14 2.2. Disadvantaged Business Enterprises (DBE) Information .............14 2.3. Qualifications Package Document..........................................14 3. Proposal Evaluation .............................................................................. 15 3.1. Evaluation Criteria ......................................................................... 15 3.2. Oral Presentation............................................................... 16 3.3. Final Selection............................................................................... 16 3.4. Addendum........................................................................ 16 3.5. Notice to Proposers Regarding RFQ Terms & Conditions ............ 16 3.6. Contract Term....................................................................16 4. Scope of Services .................................................................................. 17 Appendix I – Proposer Questionnaire ............................................................ 20 Appendix II – Reference Questionnaire (Instructions) .................................. 21 Appendix III – Reference Questionnaire Form .............................................. 22 Appendix IV – MWBE Participation Form ..................................................... 24 Appendix V – Contract Standard Terms & Conditions ................................. 25 Appendix VI – Federal Provisions and Requirements..............................33 Appendix VII – Exceptions to RFQ .................................................................. 38 Appendix VIII – Federal and State Requirements and Special Conditions ...40 3 Appendix IX – Example Template for Final Design Scope of Services...... 65 4 1 INTRODUCTION 1.1 Purpose The City of Raleigh is seeking one or more qualified firm(s) with which to contract for the following services: Wake BRT: Southern Corridor final design (30%-100%) and incorporation of design standards, such as branding, station design and user experience to be consistent with that of the overall Wake BRT system. A detailed scope of services is provided in Section 4 of this document. Information related to this solicitation, including any addenda, will be posted to the North Carolina Interactive Purchasing System (IPS) at: https://www.ips.state.nc.us/IPS/ All questions related to this solicitation must be submitted in writing (via email) to the following individual: Contact Name Email Address Het Patel Het.Patel@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. Wake County voters chose in November 2016 to invest in the Wake Transit Plan with a half- cent transit-designated sales tax. The Wake Transit Plan was sponsored by Wake County, with participation from 7 regional partners. The Wake Transit Plan includes four “Big Moves” to: Connect the region; connect all Wake County communities; create frequent, reliable urban mobility; and, enhance access to transit. https://www.ips.state.nc.us/IPS/ 5 The adopted plan provided recommendations for both long-range and near-term solutions for the region, focusing on tripling countywide bus service, increasing the number of high frequency routes running every 15 minutes or less, adding Bus Rapid Transit (BRT) and commuter rail systems, and funding additional on-demand trips to serve the unincorporated area of the county. The goal is to implement the plan by 2033. The plan envisions that Wake BRT would be deployed along the following four (4) corridors, covering approximately 20 miles: 1. New Bern Avenue corridor from Downtown Raleigh to New Hope Road 2. Southern corridor from Downtown Raleigh to Garner 3. Western corridor from Downtown Raleigh to Downtown Cary 4. Northern corridor from Downtown Raleigh to Crabtree Blvd. The goal is to implement all planned BRT corridors by 2033 with the New Bern Avenue BRT project being operational in 2025. The Southern Corridor BRT will be the second project, with anticipated service in 2028. The successful consultant team will demonstrate that it has adequate experience and resources to assist the City of Raleigh with meeting these goals. The successful consultant must also demonstrate significant experience and capacity with developing BRT infrastructure (e.g. stations and dedicated lanes), incorporating design standards, branding, and user experience components, communications / marketing strategy, as well as coordinating with artists for art integration within BRT design and developing final design plans for BRT infrastructure and technology. The consultant will review and identify any recommendations from previously developed studies including 30% design, or studies in development that are highly relevant to the Wake BRT System and incorporate those recommendations when possible. A copy of these studies will be provided to the Consultant (in electronic format where possible). The consultant will be required to review all relevant studies and reports identified by the Project Management Team (PMT). Additional studies and plans might be identified during the course of this contract. 1.3 RFQ Timeline Provided below is a list of the anticipated schedule of events related to this solicitation. The City of Raleigh reserves the right to modify and/or adjust the following schedule to meet the needs of the project. All times shown are Eastern Time (ET): RFQ Process Date and time RFQ Advertisement Date December 2, 2022 Pre-Submittal Conference December 9, 2022 10:30 to 11:30 EST (Hybrid) Deadline for written questions December 16, 2022 by noon EST City Response to Questions (anticipated) December 22-30, 2022 6 RFQ Process Date and time Submittal Due Date and Time January 20, 2023, 4:00pm EST Evaluation Meeting (anticipated) Between end of January 2023 and early February 2023 Interviews (if required) February 13-24, 2023 Selection Announcement (tentative) March 2023 1.4 Pre-Submittal Conference In the event that the City of Raleigh elects to conduct a Pre-Submittal Conference or Site Visit, attendance by prospective proposers is strongly encouraged but is not mandatory. Prospective Proposers are encouraged to submit written questions in advance. The Pre-submittal Conference will take place as a hybrid meeting. Below are the two (2) options to participated in the pre-submittal conference. In-Person: December 9th, 2022 from 10:30 to 11:30 AM Raleigh Municipal Building, Conference Room 305 222 West Hargett St. Raleigh, NC 27601 Virtually: MS Teams Meeting Information Below Meeting link: Microsoft Teams Meeting Invite Meeting ID: 260 225 063 834 Passcode: KktBke Call-in: +1 919-561-6523, 609028575# Phone Conference ID: 609 028 575# 1.5 Questions Requests for clarification and questions to this RFQ must be received by the City not later than the date shown above in Section 1.3 RFQ Timeline, for the submittal of written inquires. The firm’s failure to request clarification and submit questions by the date in the RFQ Timeline above shall be considered to constitute the firm’s acceptance of all City’s terms and conditions and requirements. The City shall issue addenda reflecting questions and answers to this RFQ, if any, and shall be posted to North Carolina Interactive Purchasing System (IPS). No information, instruction or advice provided orally or informally by any City personnel, whether made in response to a question or otherwise in connection with this RFQ, shall be considered authoritative or binding. Respondents shall be entitled to rely only on written material contained in an Addendum to this RFQ. It is important that all Respondents submitting to this RFQ periodically check the North Carolina Interactive Purchasing System (IPS) for any Addenda. It is the Respondents https://teams.microsoft.com/l/meetup-join/19%3ameeting_MWIzOGFjOGItMDhjZi00NDdiLThhYzUtZGE3NzE2NWVlYmY0%40thread.v2/0?context=%7b%22Tid%22%3a%22f03ae146-d945-4924-95c0-7b661c30ddbb%22%2c%22Oid%22%3a%228cdf5465-b0dc-414a-9d1d-3af11162bf5e%22%7d 7 responsibility to ensure that all addenda have been reviewed and, if required signed and returned. All questions related to this solicitation must be submitted in writing (via email) to the following individual: Contact Name Email Address Het Patel Het.patel@raleighnc.gov Questions submitted via telephone will not be answered. 1.6 Submittal Requirements and Contact Information Proposals must follow the format as defined in Section 2 Qualifications Package and be addressed and submitted as follows: DELIVERED BY OTHER DEIVERY SERVICES or DROP-OFF City of Raleigh ATTN: Het Patel 510 West Martin Street | Suite 200 Raleigh, NC 27601 RFQ No. 274-2022SBRT 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: 1) one (1) signed original; and, 2) one (1) electronic version of the signed original via email or flash drive; The electronic version of the Proposal must be submitted as a viewable and printable Adobe Portable Document File (PDF) on or before the RFQ date and time provided in Section 1.3 RFQ Timeline. Proposals received after the RFQ deadline above will not be considered and will be returned unopened to the return address provided on the submission envelope. Any requirements in the RFQ that cannot be met must be indicated on Appendix VI: Exceptions to the RFQ and submitted with the qualifications. Proposers must respond to the entire Request for Qualifications (RFQ). Any incomplete proposal may be eliminated from competition at the discretion of the City of Raleigh. The City reserves the right to reject any or all proposals for any reason and to waive any informality it deems in its best interest. Submittals that arrive after the due date and time will not be accepted or considered for any reason whatsoever. If the firm elects to mail in its response, the firm must allow sufficient time to ensure the City’s proper receipt of the package by the time specified in Section 1.3 RFQ Timeline. Regardless of the delivery method, it is the responsibility of the firm to ensure that their response arrives at the designated location specified in this Section 1.6 and is received by the due date and time specified in Section 1.3 RFQ Timeline. 8 1.7 MWBE Participation Form The City of Raleigh prohibits discrimination in any manner against any person based on actual or perceived age, race, color, creed, national origin, sex, mental or physical disability, sexual orientation, gender identity or expression, familial or marital status, religion, economic status, or veteran status. The City maintains an affirmative policy of fostering, promoting, and conducting business with women and minority owned business enterprises. Complete and submit the MWBE Participation Form (Appendix IV) with your qualification package. 1.8 Rights to Submitted Material All qualification packages and supporting materials, as well as correspondences relating to this RFQ, shall become the property of the City. The content of all submittals will be held confidential until the selection of the firm is made. Qualifications will be reviewed by the Evaluation Team, as well as other City staff and members of the general public who submit public record requests. Any proprietary data must be clearly marked. In submitting qualifications, each submitting firm/company agrees that the City may reveal any trade secret materials contained in such submittal to all City staff and City officials involved in the selection process and to any outside consultant or other third party who serves on the Evaluation Team or who is hired by the City to assist in the selection process. Qualification submittals marked entirely as “confidential”, “proprietary”, or “trade secret” will be considered non-responsive and will be removed from the evaluation process. 1.9 Communications All communications of any nature regarding this RFQ with any City staff, elected City officials, evaluation committee members are strictly forbidden from the time the solicitation is publicly posted until award. Questions must be submitted in writing to the individual designated in Section 1.1 Purpose, prior to the deadline provided in Section 1.3 RFQ Timeline. Violation of this provision may result in the firm’s proposal being removed from consideration. 1.10 Lobbying By responding to this solicitation, the firm certifies that is has not and will not pay any person or firm to influence or attempt to influence an officer or employee of the City or the State of North Carolina, or any elected official in connection with obtaining a contract as a result of this RFQ. 1.11 Conflicts of Interest City of Raleigh contracts are controlled by three conflict of interest provisions. First, federal procurement standards provide in 2 CFR 200.318 (c)(1), No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. 9 Similarly, the North Carolina General Statutes provides a criminal statute for conflicts of interest in public contracting, N.C.G.S. § 14-234(a) states: (1) No public officer or employee who is involved in making or administering a contract on behalf of a public agency may derive a direct benefit from the contract except as provided in this section, or as otherwise allowed by law. (2) A public officer or employee who will derive a direct benefit from a contract with the public agency he or she serves, but who is not involved in making or administering the contract, shall not attempt to influence any other person who is involved in making or administering the contract. (3) No public officer or employee may solicit or receive any gift, favor, reward, service, or promise of reward, including a promise of future employment, in exchange for recommending, influencing, or attempting to influence the award of a contract by the public agency he or she serves. City of Raleigh Charter Section 3.9 regulates private transactions between the City and its officials and employees. The Charter states: No member of the City Council, official, or employee of the City of Raleigh shall be financially interested, or have any personal beneficial interest, either directly or indirectly, as agent, representative, or otherwise, in the purchase of, or contract for, or in furnishing any materials, equipment or supplies to the City of Raleigh, nor shall any official or employee of the City of Raleigh accept or receive, or agree to accept or receive, directly or indirectly, from any person, firm or corporation to whom any contract may be awarded or from whom any materials, equipment or supplies may be purchased by the City of Raleigh, by rebate, gift, or otherwise, any money or anything of value whatsoever, or any promise, obligation or contract for future reward or compensation, for recommending or procuring the uses of any such materials, equipment or supplies by the City of Raleigh; no member of the City Council, official or employee of the City of Raleigh shall for his own personal benefit operate, directly or indirectly, any concession in any building or on any lands of the City of Raleigh, nor shall any official or employee of the City of Raleigh bid for or be awarded any contract granting concessionary rights of any nature or kind from the City of Raleigh; it shall be unlawful for any member of the City Council, official or employee of the City of Raleigh to bid for or to purchase or to contract to purchase from the City of Raleigh any real estate, equipment, materials, or supplies of any nature or kind whatsoever, either directly or indirectly, at either public or private sale, either singly, or through or jointly with any other person. 1.12 Proposer Expenses The City of Raleigh will not be responsible for any expenses incurred by any Firm in the development of a response to this Request for Qualifications or any other activities associated with this procurement including but not limited to any onsite (or otherwise) interviews and/or presentations, and/or supplemental information provided, submitted, or given to City of Raleigh and/or its representatives. Further, the City of Raleigh shall reserve the right to cancel the work described herein prior to issuance and acceptance of any contractual agreement/purchase order by the recommended Firm even if the awarding authority for each entity has formally accepted a recommendation. 10 1.13 Proposer Acceptance Submission of any proposal indicates a Proposer’s acceptance of the conditions contained in this RFQ unless clearly and specifically noted otherwise on the Exceptions to RFQ (see Appendix VII) and submitted with proposal. The City of Raleigh has the sole discretion and reserves the right to cancel this RFQ, and to reject any and all proposals, to waive any and all informalities and/or irregularities, if it is deemed to be in the City of Raleigh’s best interests to do so. The City of Raleigh reserves the right to accept or reject any or all of the items in the proposal, and to award the contract in whole or in part and/or negotiate any or all items with individual firms if it is deemed in the City of Raleigh’s best interest. Moreover, the City of Raleigh reserves the right to make no selection if proposals are deemed not in the best interest of the City. 1.14 Federal Funding Requirements The services and materials to be provided under this contract will be financed in whole or in part with Federal funding. As such, Federal laws, regulations, policies, and related administrative practices apply to this contract. The most recent of such Federal requirements, including any amendments made after the execution of this contract shall govern this contract, unless the Federal Government determines otherwise. The Federal provisions and requirements identified in Appendix VI (Federal Provisions and Requirements) may be applicable to this contract. The awarded contractor is responsible for complying with all applicable provisions and requirements. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 11 2 QUALIFICATIONS PACKAGE Submittal responses must follow the format outlined below. The City may reject as non- responsive at its sole discretion any submittal that does not provide complete and/or adequate responses or departs in any substantial way from the required format. Proposals shall not exceed 30 pages. 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 include the following: • Include the name and address of the prime consultant and the state in which it is incorporated and chiefly located; and, • Include the name and address of each sub-consultant, the state in which each entity is incorporated and chiefly located; and, • Briefly describe the consultant (prime and sub-consultants) and its interest in performing the required professional services; and, • Include the name, address, phone and e-mail address of the designated contact for the consultant (prime consultant); and, • Include a statement indicating any judgments against the consultant (prime, sub-consultants and third-party consultants) within the last five (5) years, or pending litigation, related to professional conduct or services; and, • Acknowledge all addenda to the RFQ document (each addendum must be identified); and, • The cover 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: Project Understanding, Approach and Schedule Provide a comprehensive narrative, outline, and/or graph demonstrating the firm's understanding and approach to accomplishing the tasks outlined in the Scope of Work section of this RFQ. A description of each task and deliverable and the schedule for accomplishing each shall be included. All pages in the proposals must be “8.5x11” and no additional correspondence should be submitted. One “11x17” page may be used for map or other illustrative purposes. This page will count as one (1) towards the total page count. All proposals submitted must include all of the following information: 12 i. A clear concise answer to this question – “why should the City select your team for this project?” ii. Identify how the team might go about completing this project (Project Understanding). iii. Identify the office location where all the team members proposed for this project are based; and, what percentage of project work each of these members will be doing. Identify the location of the corporate office. Consultants are reminded of the City’s professional consultant selection policy, SP 100-5 Retention of Professional Services, and specifically Section 5.3 within the policy which states “Request for Qualifications shall be distributed to all identified professional consultants in the field of endeavor within the Raleigh area”. iv. Information regarding the expertise and experience of staff person(s) to be assigned to work on the project. It should also contain specific proposed responsibilities of the project staff person(s), coordination activities with City of Raleigh staff and estimated workdays of participation. Provide a description and organizational chart showing the structure of the proposer’s team, inter- relationships, areas of responsibility and the names and current professional licenses (e.g., PE) of key personnel assigned to the project along with their areas of responsibility. Identify commitment level of personnel assigned to the project. Include a concise resume for each member of the key personnel that will be assigned to the project. Note that no substitutions to the proposed project team of the selected consultant(s) can be made without the prior written approval of the City of Raleigh. v. Information on the current and projected workload of key staff to be assigned to this project; including level and magnitude of involvement and start and anticipated completion dates. vi. Identify the role and the experience of each team member, with specific regard to their participation in similar projects. Project references and contact information should be included for similar projects. Identify all co-consultants and/or sub-consultants that will be utilized for the project. A minimum of three (3) references including client’s name, address, contact person, telephone number, email, project start and end date as well as a project description and listing of relevant key consultant personnel. References shall be for similar or related projects on which key staff that are proposed for this project have worked. vii. Provide a contact email address and name for the submitting consultant. viii. Identify which services would be performed by consultants’ “in-house” resources and which services will require sub-consultants. ix. This RFQ is a subject to the federal Disadvantaged Business Enterprise (DBE) goal of 13%, further detail provided in Section 2.2. Technical Approach Each consultant is encouraged to present potential adjustments and enhancements to the Scope of Services (identified in Section 4) that it believes to be important in executing the project and meeting the client’s schedule. 13 Except as clearly stated in this section, it shall be assumed that the City of Raleigh Scope of Services shall supersede any and all such approaches that may be described and/or included in the proposal. Additional tasks or analysis that will enhance the overall quality of the study may be proposed with an explanation of how they address the Scope of Services. Should there be any disclaimers or caveats pertaining to the provision of services and start-up of services as described in the specifications, they must be listed with an explanation of why they are proposed. Project Implementation Plan and Anticipated Schedule The project implementation plan should demonstrate how the consultant will manage their responsibilities, schedule the work to be performed and work with the City of Raleigh staff and other consultant teams involved in the development of the Wake BRT project and other related projects/initiatives along the corridors. The Wake BRT project is dynamic; successful consultant team needs to demonstrate flexibility and ability to adapt to change in direction. The schedule should begin from start-up in days, phases, and/or steps. It should include the following: • Major work tasks and key milestone dates for the project, based on days after notice to proceed. • Logical dependencies to indicate what work must be accomplished before other work can begin The schedule should also indicate timing and the nature of interim and progress reports at appropriate milestones. Adherence to the schedule will be critical for this project. The consultant must demonstrate capacity to conduct work and meet deadlines. Tab 3: Team Firm, Experience and Certifications/Qualifications This section must include the proposed staffing, deployment and firm of personnel to be assigned to this project. The Proposer shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. A project- specific firm chart which clearly illustrates the roles, responsibilities, and the reporting relationships of each team member should be included. Resumes will not be counted against the page limit. Organization chart may be submitted as one “11x17” page and also will not be counted against the page limit. Tab 4: Work Samples and References Respondents are required to submit samples of a deliverable product from a minimum of three (3) projects of similar scope and nature performed in the past five (5) years that best illustrate the proposed consultant team’s qualifications for the project. For each project, list the names of key personnel and their responsibilities. Also provide the name and contact information for a person associated with each of the owners or the organizations that contracted for the professional services who is very familiar with the project and the consultant’s performance. 14 The selection committee will look for evidence of experience on federally funded transportation structures and transit operations projects, public outreach experience, and public/private development initiatives in this section of the RFQ. BRT design expertise is critical for this project. Work samples will NOT count toward the stated page limit. Please note that only electronic copy of each work sample is required as a part of the RFQ response submittal. A brief summary of work samples (1 page or less) should be included in the proposal. The summary will not count towards the stated page limit for the proposal. Work samples should address development of Various BRT elements and infrastructure components as well as demonstrate ability and capacity of advancing a BRT project from 30% to 100% design. The Evaluation Team prefers that all three work samples demonstrate the consultant team’s experience with BRT. 2.2 Disadvantaged Business Enterprise (DBE) Information This contract is subject to the requirements of Title 49, Code of Federal Regulations, Part 26, Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs. The City of Raleigh Department of Transportation’s goal for participation of Disadvantaged Business Enterprise (DBE) is 13%. Disadvantaged Business Enterprise will require proof of certification. 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] 15 3 PROPOSAL EVALUATION 3.1 Evaluation Criteria This is not a bid. There will not be a public opening. The Evaluation Team will review all qualifications packages adhering to the requirements of this RFQ. The Evaluation Team will be comprised of staff from the City of Raleigh, Town of Garner and NC Department of Transportation (NCDOT). After the qualifications have been reviewed, the Evaluation Team will determine a “short list” of consultants. “Short-list” consultants will be invited to an interview with the Evaluation Team. For the interview, at a minimum, each consultant’s master design lead, principal civil engineer, project manager, structural engineer lead, communications lead, and NEPA lead planner must be present. These are the persons who will work with the City of Raleigh staff on a day-to-day basis during the project. Key team members that will be assigned to the project must also be present. “Short-list” consultants will be asked to provide a list of consultant staff attending and presenting at the interview. The Evaluation Committee reserves the right to request modifications to the interview attendee list. The Evaluation Team will rank the qualifications packages based on their understanding of the project, proposed work plan approach and project team experience on similar projects, as described in the table below. The qualifications packages will be evaluated based solely on the following criteria: Proposals will be evaluated based solely on the following criteria: Criteria (a) Weight (b) Score (0-3) (a) x (b) Weighted Score Consultant experience with BRT design 25% Project Understanding and Approach 20% Customization/innovation to project approach 15% Projected workload/availability of key personnel 10% Consultant team’s experience working together 10% Strategies for communications and marketing 10% Organization, completeness, graphic/visual quality 10% Final Score Score Points 0 - Missing or Does Not Meet Expectation 2 - Meets Expectation 1 - Partially Meets Expectation 3 - Exceeds Expectation 16 3.2 Oral Presentation An oral presentation of the proposal will be requested of all “short-list” consultants. For the interview, at a minimum, each consultant’s master design lead, principal civil engineer, project manager, structural engineer lead, communications lead, and NEPA lead planner must be present. Additional details will be provided to the “short-list” consultants before the interviews. 3.3 Final Selection Qualifications will be reviewed after opening and will be ranked in order of choice, at which point contract negotiations will begin with the most qualified firm. If negotiations are unsuccessful, the City will then pursue negotiations with the next most qualified firm. The City shall not be bound or in any way obligated until both parties have executed a contract. The City also reserves the right to delay the award of a contract or to not award a contract. The general conditions and specifications of the RFQ, including the firm’s fee proposal, and/or written correspondence applicable to the RFQ, may become part of the contract documents. Failure of the awarded firm to perform as represented may result in contract cancellation. 3.4 Addendum to RFQ Any addendum issued will be considered part of the RFQ document and will prevail over inconsistent or conflicting provisions contained in the original RFQ document. A receipt of all addenda must be acknowledged in the qualifications submittal. As with other required documentation, submittals that fail to reference receipt of the addendum may be excluded from further consideration. 3.5 Notice to Submitting Firms Regarding RFQ Terms and Conditions It shall be the Submitting Firm’s responsibility to read the Instructions, the City’s terms and conditions, the Federal provisions and requirements, all relevant exhibits and attachments, and any other components made a part of this RFQ, and to comply with all requirements and specifications provided herein. Submitters are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFQ. 3.6 Contract Term The contract awarded from this RFQ shall be effective upon the date of the City’s signature (the “Effective Date”) and remain effective until the work is completed. The estimated timeframe and competition for the work stated in this RFQ is three (3) years. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 17 4 SCOPE OF SERVICES Awarded firm shall provide services, all as set forth in this RFQ and more particularly described in this Section 4. The purpose of this solicitation is for the City of Raleigh Transportation Department to secure professional architectural and engineering consulting services for Wake BRT: Southern Corridor final design (30%-100%) and inclusion of prior decisions for the overall Wake BRT System into design. This includes design standards, such as branding, station design and user experience. The following Scope of Services is intended to be a general outline of the work and not an all- inclusive description of the professional and technical services that may be required to complete the project. Adjustments to the tasks and task sequencing, which will improve the effectiveness of the effort, while containing costs, are encouraged. Location-specific design challenges could be identified within certain corridors that might require immediate coordination with NCDOT. Additionally, the City may choose to add other BRT related design elements to the final scope of services for this contract. Numerous coordination efforts will be included in the process and the consultant selected for this project will need to show capacity to meet deadlines identified by the City of Raleigh. The scope of services include Wake BRT: Southern Corridor Final Design. WAKE BRT: SOUTHERN CORRIDOR FINAL DESIGN This section of the Scope of Work focused on advancing the Wake BRT: Southern Corridor in design from 30% design to 100% design. This part of the scope will be delivered in close coordination and partnership with the Engineering Services Department. Appendix IX attached to this RFQ provides a template for Final Design Scope of Services from the Engineering Services Department. Additional items not identified below may be pulled into the scope of services for final design from the Engineering Services template. A future subtask in this category may also include providing design services support during the construction phase of the project. This may include providing support during the bid phase. 4.1.1 Final Design This Task involves completing Project Development as defined by FAST Act, including final design, and producing Issued for Construction design submittals, including plans, specifications, and engineer’s estimate. Because of the city’s concern about cost effectiveness and minimizing the risk of cost overruns, the Consultant will be expected to continually assess ways to optimize costs and reduce cost risk while still maintaining the project value. Value engineering exercise may be expected including review of plans at specified points through the process by external engineering professionals to suggest alternative approaches, materials, etc. This task will include the following design level milestone deliverables: 60%, 90% and 100% design. The task will at a minimum include the following categories for final design consideration: 18 • Transit runningway design • Vehicle/station design compatibility • Roadway design • Signal design • Stormwater design • Landscaping plans • Crosswalk / Bicycle-Pedestrian design • Structures, Canopy and other Vertical Elements • Utility Coordination (including Fiber) • Construction plan documents Any other design components/elements that come up during advancement of corridor level design can/may be added to this scope. 4.1.2 Cost Estimates This task involves developing capital cost estimates at each design level milestone (60%, 90%, 100%) and for the final construction cost estimate. The cost estimating methodology shall be bottom-up and shall be performed using industry-standard cost estimating software. 4.1.3 Scheduling This task involves developing an Integrated Program Master Schedule (IPMS) to be updated at each design level. Scheduling shall be performed using industry-standard scheduling software. 4.1.4 Phasing and Implementation This task involves identifying a phasing and implementation strategy for the Wake BRT: Southern corridor. The phasing and implementation plan will focus on construction and maintenance of traffic solutions during corridor construction to keep the project on schedule; for revenue service in 2028. 4.1.5 System Technology/Intelligent Transportation Systems (ITS) The system technology task is critical to the functionality of the BRT system. This technology will incorporate three main components: Station safety and security, off-board fare collection system and traffic signal coordination including Transit Signal Priority (TSP). Additional coordination will be required to incorporate Advanced Vehicle Location (AVL) technology into real-time bus arrival information for display and announcement at BRT Stations. 4.1.6 Agency Coordination This task focuses on the need to have continued coordination with NEPA documentation, FTA regional and main offices and NCDOT to ensure final design of the corridor is completed to meet respective standards of each authority. This coordination includes FTA Capital Investment Grant (CIG) Project Development process. Subtasks may include preparation for FTA Risk Workshop and preparation for sub-plans and documents to show project readiness for FTA CIG Full Funding Grant Agreement. This task would also include continued 19 coordination with NEPA documentation to ensure design changes from 30-100% are communicated to and approved by the respective applicable agencies. The selected consultant team shall be responsible for documenting final approval from these agencies before construction begins. This task also includes coordination with any existing and future applicable Wake Transit Plan policies. 4.1.7 Right-of-Way Services The City may require additional coordination with preparation of Right-of-Way exhibits and Federal Relocation Assistance Program under the Uniform Act. If required, the scope of services for this task would be finalized at a future date. 4.1.8 Construction Management and Bid Phase Support This task focuses on providing technical support through the bid phase, which may include but is not limited to preparing addenda to Invitation for Bid (IFB) plans/specifications, creating a conformed plan set, etc. This subtask also includes providing technical support during construction phase of the project. 4.1.9 Communications and Marketing The corridor final design component will also include communications and marketing. The overall strategy will be determined through the system-wide process and applied to corridor design public engagement and outreach activities. This task may also include development of a briefing book for the Wake BRT: Southern Corridor project. The briefing book is envisioned to be a series of one-pager infographics providing pertinent project information including but not limited to: socio-economic demographics, highlighting public resources, activity centers, and destinations along the corridor, education information regarding BRT design, station design as well as other design components. The purpose of this document would be to provide resources for enhanced public engagement while incorporating the briefing book template already established to ensure system wide consistency amongst BRT corridors. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] 20 APPENDIX I Proposer Questionnaire Form The following questions must be answered, and data given must be clear and comprehensive. If necessary, questions may be answered on separate sheets. The Proposer may submit any additional information desired. Company Name: d/b/a (if applicable) Street / PO Box: City: State: Zip: Phone: Fax: E-Mail: Website (if applicable): Sole Proprietor Partnership Corporation Other Number of years in business under company’s present name: Fed Tax ID #: DUNS # Are you registered with the North Carolina Secretary of State to conduct business (if required)? (Check One) YES: NO: Not Applicable: Are you properly licensed/certified by the Federal and/or State of North Carolina to perform the specified work? YES: NO: Not Applicable: ATTACH COPY OF ALL APPLICABLE LICENSING/CERTIFICATION DOCUMENTS Are/will you be properly insured to perform the work? YES: NO: Contact for this Contract: Title: Phone: Fax: E-Mail: Have you ever defaulted or failed on a contract? (If yes, attach details) YES: NO: List at least three (3) references for which you have provided these services (same scope/size) in the past three years - preferably government agencies. Do not include City of Raleigh as a reference to meet the requirement of listing at least (3) references. PROPOSERS ARE RESPONSIBLE FOR SENDING REFERENCE QUESTIONNAIRE (APPENDIX III) TO THEIR REFERENCES. 1. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 2. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 3. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 4. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: 5. Company: Contact Person: Title: Phone: Fax: E-Mail: Describe Scope of Work: The undersigned swears to the truth and accuracy of all statements and answers contained herein: Authorized Signature: Date: 21 APPENDIX II Reference Questionnaire (Instructions) (274-2022SBRT Wake BRT: Southern Corridor Final Design) The City of Raleigh, as a part of the RFQ, requires proposing companies to submit a minimum of three (3) business references as required within this document. The purpose of the references is to document the experience of the proposer relevant to the scope of services and assist in the evaluation process. • The Proposer is required to send the reference form (the following two pages) to each business reference listed on Proposer Questionnaire. • The business reference, in turn, is requested to submit the Reference Form directly to the City of Raleigh Point of Contact identified on the Reference Questionnaire form for inclusion in the evaluation process. • The form and information provided will become a part of the submitted proposal. The business reference may be contacted for validation of the response. • It is the Proposer’s responsibility to verify their references have been received by the City of Raleigh Point of Contact by the date indicated on the reference form. 22 APPENDIX III Reference Questionnaire Form (274-2022SBRT Wake BRT: Southern Corridor Final Design) _______________________________________________________________ (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, (Het Patel), via email to (het.patel@raleighnc.gov) no later than (4:00) p.m. ET, (January 20, 2023) and MUST NOT be returned to the company requesting the reference. For questions or concerns regarding this form, please contact the City of Raleigh, Point of Contact above. Company Providing Reference Contact Name and Title/Position Contact Telephone Number Contact Email Address Questions: 1. In what capacity have you worked with this company in the past? If the company was under a contract, please acknowledge and explain briefly whether or not the contract was successful. Comments: 2. How would you rate this company’s knowledge and expertise? 3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable Comments: 3. How would you rate the company’s flexibility relative to changes in the scope and timelines? 3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable Comments: 4. What is your level of satisfaction with hard-copy materials, e.g. reports, logs, etc. produced by the company? 23 3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable Comments: 5. How would you rate the dynamics/interaction between the company and your staff? 3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable Comments: 6. Who were the company’s principle representatives involved in providing your service and how would you rate them individually? Would you comment on the skills, knowledge, behaviors or other factors on which you based the rating? (3= Excellent; 2= Satisfactory; 1= Unsatisfactory; 0= Unacceptable) Name: Rating: Name: Rating: Name: Rating: Name: Rating: Comments: 7. With which aspect(s) of this company’s services are you most satisfied? Comments: 8. With which aspect(s) of this company’s services are you least satisfied? Comments: 9. Would you recommend this company’s services to your organization again? Comments: ______________________________________________________________________________ ______________________________________________________________________________ 24 MWBE SUBCONTRACTORS APPENDIX IV MWBE Participation Form IDENTIFICATION OF MWBE PARTICIPATION FOR FORMAL CONTRACTS Contract amount is ≥ (greater than or equal to) $300,000.00 This Identification of MWBE Participation Form is for the purpose of capturing information regarding the utilization of MWBEs and other subcontractors and suppliers on Formal City Contracts. MWBE participation is encouraged for all City of Raleigh contracting opportunities. Please refer to the City’s MWBE Policy for any contract specific requirements. Copy this Form as needed. COMPANY NAME PROJECT NAME PROJECT NUMBER CITY DEPARTMENT CONTRACT TYPE  Services  Other _________________________________________________________*  PRIME IS MWBE Classification: ________  Certified with NCHUB  Certified with NCDOT-DBE RFQ SUBMITTAL DATE MWBE Classifications: American Indian (AI), Asian American (AA), Black/African-American (B), Hispanic (H), Non-Minority Female (NMF), Socially/Economic Disadvantaged (D)  WORK TO BE SELF-PERFORMED Check this box only if you intend to perform 100% of the work for this Contract with your own current work forces, and you normally perform and have the capability to perform all elements of this work for this Contract with your own current work forces. Complete the chart below for all MWBE subcontractors that you intend to use for this Contract regardless of dollar amount. Company Name MWBE Classification* Description of Services Percentage of Total Contract Total Projected Utilization ($) *MWBE Classifications: American Indian (AI), Asian American (AA), Black/African-American (B), Hispanic (H), Non-Minority Female (NMF), Socially/Economic Disadvantaged (D) Total Estimated MWBE Utilization* $ Total Proposal Amount* $ Percent Estimated MWBE Utilization* (Total Estimated MWBE Utilization divided by Total Bid Amount) % 25 APPENDIX V City of Raleigh Contract Standard Terms And Conditions The contract terms provided herein shall become a part of any contract issued as a result of this solicitation. Any submission of a proposal without objection to the contract terms indicates understanding and intention to comply with the contract terms. If there is a term or condition that the firm intends to negotiate, it must be stated in the proposal. The successful firm will not be entitled to any changes or modifications unless they were first stated in the proposal. The City of Raleigh reserves the right, at its sole discretion, to reject any or all submittal package(s) containing unreasonable objections to standard City of Raleigh contract provisions. 1. Compensation; Time of Payment The standard City of Raleigh payment term is NET 30 days from the date of invoice. For prompt payment all invoices should be emailed to (accountspayable@raleighnc.gov) or mail to the City of Raleigh, Accounts Payable, PO Box 590, Raleigh, North Carolina 27602-0590. All invoices must include the Purchase Order Number. Invoices submitted without the correct purchase order number will result in delayed payment. 2. Standard of Care Engineer shall perform for or furnish to City professional engineering and related services in all phases of the project to which this Contract applies as hereinafter provided. Engineer shall serve as City's prime design professional and engineering representative for the project providing professional engineering consultation and advice with respect thereto. Engineer may employ such Engineer's Consultants as Engineer deems necessary to assist in the performance or furnishing of professional engineering and related services hereunder. Engineer shall not be required to employ any Engineer's Consultant unacceptable to Engineer. The standard of care for all professional engineering and related services performed or furnished by Engineer under this Contract will be the care and skill ordinarily used by members of Engineer’s profession practicing under similar conditions at the same time and in the same locality. 3. Opinions of Probable Construction Cost Engineer’s Opinions of probable Construction Cost provided for herein are to be made on the basis of Engineer’s experience and qualifications and represent Engineer’s best judgment as an experienced and qualified professional engineer generally familiar with the construction industry. However, since Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor’s methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by the Engineer. If the City wishes greater assurance as to probable Construction Cost, City may employ an independent cost estimator. mailto:accountspayable@raleighnc.gov 26 4. Non-Discrimination To the extent permitted by North Carolina law, the Parties for themselves, their agents, officials, directors, officers, members, representatives, employees, and contractors agree not to discriminate in any manner or in any form based on actual or perceived age, mental or physical disability, sex, religion, creed, race, color, sexual orientation, gender identity or expression, familial or marital status, economic status, veteran status or national origin in connection with this Contract or its performance. The Parties agree to conform with the provisions and intent of Raleigh City Code §4- 1004 in all matters related to this Contract. This provision is incorporated into the Contract for the benefit of the City of Raleigh and its residents and may be enforced by an action for specific performance, injunctive relief, or any other remedy available at law or equity. This section shall be binding on the successors and assigns of all parties with reference to the subject matter of the Contract. 5. Minority and Women Owned Business Enterprise The City of Raleigh prohibits discrimination in any manner against any person based on actual or perceived age, race, color, creed, national origin, sex, mental or physical disability, sexual orientation, gender identity or expression, familial or marital status, religion, economic status, or veteran status. The City maintains an affirmative policy of fostering, promoting, and conducting business with women and minority owned business enterprises. 6. Assignment Neither the City nor the Engineer will assign, sublet, or transfer their interest, duties, or obligations hereunder without the prior written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto, nor shall it create any rights or benefits to parties other than the City and the Engineer, except such other rights as may be specifically called for herein. 7. Applicable Law All matters relating to this Contract shall be governed by the laws of the State of North Carolina, without regard to its choice of law provisions, and venue for any action relating to this Contract shall be Wake County Civil Superior Court or the United States District Court for the Eastern District of North Carolina, Western Division. 8. Insurance Contractor agrees to maintain, on a primary basis and at is sole expense, at all times during the life of this Contract the following coverages and limits. The requirements contained herein, as well as City’s review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this Contract. Commercial General Liability – Combined single limit of no less than $1,000,000 each occurrence and $2,000,000 aggregate. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability. 27 Automobile Liability – Limits of no less than $1,000,000 Combined Single Limit. Coverage shall include liability for Owned, Non-Owned and Hired automobiles. In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Auto Liability policy. Automobile coverage is only necessary if vehicles are used in the provision of services under this Contract and/or are brought on a City site. Worker’s Compensation & Employers Liability – Contractor agrees to maintain Worker’s Compensation Insurance in accordance with North Carolina General Statute Chapter 97 with statutory limits and employees liability of no less than $1,000,000 each accident. Additional Insured – Contractor agrees to endorse the City as an Additional insured on the Commercial General Liability, Auto Liability and Umbrella Liability if being used to meet the standard of the General Liability and Automobile Liability. The Additional Insured shall read: ‘City of Raleigh is named additional insured as their interest may appear’. Certificate of Insurance – Contractor agrees to provide the City a Certificate of Insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and Certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available, by Contractor’s insurer. If Contractor receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Contractor agrees to notify the City within five (5) business days with a copy of the non-renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance. The Certificate Holder address should read: City of Raleigh Post Office Box 590 Raleigh, NC 27602-0590 Umbrella or Excess Liability – Contractor may satisfy the minimum liability limits required above under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability, however, the Annual Aggregate limits shall not be less than the highest ‘Each Occurrence’ limit for required policies. Contractor agrees to endorse City of Raleigh as an ‘Additional Insured’ on the Umbrella or Excess Liability, unless the Certificate of Insurance states the Umbrella or Excess Liability provides coverage on a ‘Follow- Form’ basis. Professional Liability – Limits of no less than $1,000,000 each claim. This coverage is only necessary for professional services such as engineering, architecture or when otherwise required by the City. 28 All insurance companies must be authorized to do business in North Carolina and be acceptable to the City of Raleigh’s Risk Manager. 10. Indemnity A. To the fullest extent allowed by law, the Engineer shall indemnify and hold harmless the City, its officers, officials, employees, agents, or indemnities (collectively called “Indemnified Parties”) from and against those Losses, liabilities, damages, and costs proximately caused by, arising out of, or resulting from the sole negligence of the Engineer, the Engineer’s agents, or the Engineer’s employees. B. In matters other than those covered by subsection A. above, and to the fullest extent allowed by law, the Engineer shall indemnify and hold harmless the Indemnified Parties from and against those Losses, liabilities, damages, and costs caused by, arising out of, resulting from, or in connection with the execution of the work provided for in this contract when the Fault of the Engineer or its Derivative Parties is a proximate cause of the Loss, liability, damage, or expense indemnified. C. Costs and expenses shall include attorneys’ fees, litigation or arbitration expenses, or court costs actually incurred by the Indemnified Parties to defend against third-party claims alleged in any court, tribunal, or alternative dispute resolution procedure required of any of the Indemnified Parties by law or by contract, only if the Fault of the Engineer or its Derivative Parties is a proximate cause of the attorney’s fees, litigation or arbitration expenses, or court costs to be indemnified. D. Only to the extent provided pursuant to a policy of insurance, the Engineer shall defend the Indemnified Parties against claims alleged in any court, tribunal, or alternative dispute resolution procedure if the Fault of the Engineer or its Derivative Parties is a proximate cause of such claims. E. The Engineer’s duty to indemnify, defend, and hold harmless described hereinabove shall survive the termination or expiration of this Contract. F. Definitions: i. For the purposes of this section, the term “Fault” shall mean any breach of contract; negligent, reckless, or intentional act or omission constituting a tort under applicable statutes or common law; or violation of applicable statutes or regulations. ii. For the purposes of this section, the term “Loss” or “Losses” shall include, but not be limited to, fines, penalties, and/or judgments issued or levied by any local, state, or federal governmental entity. iii. For the purposes of this section, the term “Derivative Parties” shall mean any of the Engineer’s subcontractors, agents, employees, or other persons 29 or entities for which the Engineer may be liable or responsible as a result of any statutory, tort, or contractual duty. 11. Intellectual Property Any information, data, instruments, documents, studies, reports or deliverables given to, exposed to, or prepared or assembled by the Engineer under this Contract shall be kept as confidential proprietary information of the City and not divulged or made available to any individual or organization without the prior written approval of the City. Such information, data, instruments, documents, studies, reports or deliverables will be the sole property of the City and not the Engineer. The Engineer shall maintain the right of reuse to any drawings or specifications provided or furnished by the Engineer. The City acknowledges that such drawings or specifications are not intended or represented to be suitable for reuse by the City or others on extensions of the project or on any other project. All intellectual property, including, but not limited to, patentable inventions, patentable plans, copyrightable works, mask works, trademarks, service marks and trade secrets invented, developed, created or discovered in performance of this Contract shall be the property of the City. Copyright in and to any copyrightable work, including, but not limited to, copy, art, negatives, photographs, designs, text, software, or documentation created as part of the Engineer’s performance of this project shall vest in the City. Works of authorship and contributions to works of authorship created by the Engineer’s performance of this project are hereby agreed to be ‘works made for hire’ within the meaning of 17 U.S.C. 201. 12. Force Majeure Except as otherwise provided in any environmental laws, rules, regulations or ordinances applicable to the parties and the services performed under this Contract, neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign actions, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God. Either party to the Contract must take reasonable measures and implement reasonable protections when a weather event otherwise defined as a force majeure event is forecast to be eligible to be excused from the performance otherwise required under this Contract by this provision. 13. Advertising The Engineer shall not use the existence of this Contract, or the name of the City of Raleigh, as part of any advertising without the prior written approval of the City. 14. Acknowledgement of City Brand and Tree Logo Ownership and Restrictions The City of Raleigh has developed proprietary branding (the “City Brand”) centered around the Raleigh tree mark logo (the “Tree Logo”). The City’s exclusive rights and ownership in and to the Tree Logo are protected under trademark and copyright, including U.S. Copyright Reg. No. VAu1-322-896, N.C. State Trademark Registration 30 Reg. No. T-23070 and Federal Trademark Registration Reg. No. 5,629,347, as well as under other federal and state laws. Contractor acknowledges and understands that the City is not conferring any license to Contractor under this Agreement to use or depict the Tree Logo or other aspects of the City Brand. Contractor shall not make any use or depiction of the Tree Logo or other aspects of the City Brand without the prior express written approval of the City. In this regard, should any materials being produced by Contractor for the City under this Agreement contemplate use or depiction of the Tree Logo, including, but not limited to, printed materials, digital media, signage and/or display materials, Contractor shall proceed under the auspices and direction of the City’s Communications Department and shall comply with all guidelines and restrictions governing use or depiction of the Tree Logo. 15. Cancellation The City may terminate this Contract at any time by providing thirty (30) days written notice to the Engineer. In addition, if Engineer shall fail to fulfill in timely and proper manner the obligations under this Contract for any reason, including the voluntary or involuntary declaration of bankruptcy, the City shall have the right to terminate this Contract by giving written notice to the Engineer and termination will be effective upon receipt. Engineer shall cease performance immediately upon receipt of such notice. In the event of early termination, Engineer shall be entitled to receive just and equitable compensation for costs incurred prior to receipt of notice of termination and for the satisfactory work completed as of the date of termination and delivered to the City. Notwithstanding the foregoing, in no event will the total amount due to Engineer under this section exceed the total amount due Engineer under this Contract. The Engineer shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of this Contract, and the City may withhold any payment due to the Engineer for the purpose of setoff until such time as the City can determine the exact amount of damages due the City because of the breach. Payment of compensation specified in this Contract, its continuation, or any renewal thereof, is dependent upon and subject to the allocation or appropriation of funds to the City for the purpose set forth in this Contract. 16. Laws/Safety Standards The Engineer shall comply with all laws, ordinances, codes, rules, regulations, safety standards and licensing requirements that are applicable to the conduct of its business, including those of Federal, State, and local agencies having jurisdiction and/or authority. Engineer must comply with North Carolina Occupational Safety and Health Standards for General Industry 13 NCAC 07F (29CFR 1910). In addition, Engineer shall comply with all applicable occupational health and safety and environmental rules and regulations. Engineer shall effectively manage their safety and health responsibilities including: a. Accident Prevention 31 Prevent injuries and illnesses to their employees and others on or near their job site. Contractor managers and supervisors shall ensure personnel safety by strict adherence to established safety rules and procedures. b. Environmental Protection Protect the environment on, near, and around their work site by compliance with all applicable environmental regulations. c. Employee Education and Training Provide education and training to all contractors employees before they are exposed to potential workplace or other hazards as required by specific OSHA Standards. 17. Applicability of North Carolina Public Records Law Notwithstanding any other provisions of this Contract, this Contract and all materials submitted to the City by the Engineer are subject to the public records laws of the State of North Carolina and it is the responsibility of the Engineer to properly designate materials that may be protected from disclosure as trade secrets under North Carolina law as such and in the form required by law prior to the submission of such materials to the City. Engineer understands and agrees that the City may take any and all actions necessary to comply with federal, state, and local laws and/or judicial orders and such actions will not constitute a breach of the terms of this Contract. To the extent that any other provisions of this Contract conflict with this paragraph, the provisions of this section shall control. 18. Miscellaneous The Engineer shall be responsible for the proper custody and care of any property furnished or purchased by the City for use in connection with the performance of this Contract and will reimburse the City for the replacement value of its loss or damage. The Engineer shall be considered to be an independent contractor and as such shall be wholly responsible for the work to be performed and for the supervision of its employees. Nothing herein is intended or will be construed to establish any agency, partnership, or joint venture. Engineer represents that it has, or will secure at its own expense, all personnel required in performing the services under this Contract. Such employees shall not be employees of or have any individual contractual relationship with the City. This Contract may be amended only by written agreement of the parties executed by their authorized representatives. 19. Right of Audit and Examination of Records a. The City may conduct an audit of any services performed and fees paid subject to this Contract. The City, or its designee, may perform such an audit throughout the contract period and for three (3) years after termination thereof or longer if otherwise required by law. b. The Contractor and its agents shall maintain all books, documents, papers, accounting records, contract records and such other evidence as may be appropriate to substantiate costs incurred under this Contract. The City, or its designee, shall have the right to, including but not limited to: review and copy records; interview 32 current and former employees; conduct such other investigation to verify compliance with contract terms; and conduct such other investigation to substantiate costs incurred by this Contract. c. “Records” shall be defined as data of every kind and character, including but not limited to books, documents, papers, accounting records, contract documents, information, and materials that, in the City's sole discretion, relate to matters, rights, duties or obligations of this Contract. d. Records and employees shall be available during normal business hours upon advanced written notice. Electronic mail shall constitute written notice for purposes of this section. e. Contractor shall provide the City or its designee reasonable access to facilities and adequate and appropriate workspace for the conduct of audits. f. The rights established under this section shall survive the termination of the Contract, and shall not be deleted, circumvented, limited, confined, or restricted by contract or any other section, clause, addendum, attachment, or the subsequent amendment of this Contract. g. The Contractor shall reimburse the City for any overcharges identified by the audit within ninety (90) days of written notice of the City’s findings. h. Contractor shall, upon request, provide any records associated with this engagement to the North Carolina State Auditor that are necessary to comply with the provisions of G.S. § 147-64.7. 20. E – Verify Contractor shall comply with E-Verify, the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law and as in accordance with N.C.G.S. §64-25 et seq. In addition, to the best of Contractor’s knowledge, any subcontractor employed by Contractor as a part of this contract shall be in compliance with the requirements of E- Verify and N.C.G.S. §64-25 et seq. 21. Iran Divestment Act Certification Contractor certifies that, as of the date listed below, it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. § 147-86.55, et seq. In compliance with the requirements of the Iran Divestment Act and N.C.G.S. § 147-86.59, Contractor shall not utilize in the performance of the contract any subcontractor that is identified on the Final Divestment List. 22. Companies Boycotting Israel Divestment Act Certification Contractor certifies that it has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81. 33 APPENDIX VI City of Raleigh Federal Contract Provisions and Requirements 1. Access to Records and Record Retainage 2. Age Discrimination Act of 1975 3. Americans with Disabilities Act of 1990 4. Byrd Anti-Lobbying Amendment 5. Civil Rights Act of 1964 – Title VI 6. Civil Rights Act of 1968 7. Clean Water Act 8. Conflict of Interest Provisions 9. Contract Work Hours and Safety Standards 10. Copeland “Anti-Kickback” Act 11. Davis-Bacon Act 12. Debarment and Suspension 13. Domestic Procurement Preference 14. Drug-Free Workplace Regulations 15. Education Amendments of 1972 16. Energy Policy and Conservation Act 17. Environmental reviews/assessments 18. Equal Employment Opportunity 19. Fly America Act of 1974 20. Hotel and Motel Fire Safety Act of 1990 21. Limited English Proficiency 22. Patents and Intellectual Property Rights 23. Procurement of Recovered Materials 24. Rehabilitation Act of 1973 25. Remedies 26. Rights to Inventions Made Under a Contract or Agreement 27. Telecommunications Huawei / ZTE Ban 28. Termination 29. Terrorist Financing 30. Trafficking Victims Protection Act of 2000 31. Universal Identifier and System of Award (SAM) 32. USA Patriot Act of 2001 33. Whistleblower Protection Act 34 All recipients of federally funded grants or use federal assistance to support procurements must comply with the applicable provisions of the Federal procurement standards 2 CFR pt. 200. As result, firms awarded federally funded contracts by City of Raleigh, in addition to contract clauses required by North Carolina law and other applicable federal regulations specific to a federal award, must comply with the following contract provisions set forth herein, unless a particular award term or condition specifically indicates otherwise. These terms and conditions are hereby incorporated into any resulting contract. 1. Access to Records and Record Retainage. In general, all official project records and documents must be maintained during the operation of this project and for a period of five years following close out. The City of Raleigh, the comptroller General of the United States, or any of their duly authorized representatives shall have access to any books documents papers and records of the of the Administering Agency which are pertinent to the execution of the Agreement for the purpose of making audits, examinations, excerpts and transcriptions. 2. Age Discrimination Act of 1975. All suppliers, contractors, subcontractors, consultants, and sub- consultants must comply with the requirements of the Age Discrimination Act of 1975 (Title 42 U.S. Code, § 6101 et seq.), which prohibits discrimination on the basis of age in any program or activity receiving Federal financial assistance. 3. Americans with Disabilities Act of 1990. All suppliers, contractors, subcontractors, consultants, and sub- consultants must comply with the requirements of Titles I, II, and III of the Americans with Disabilities Act, which prohibits discriminating on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities. (42 U.S.C. §§ 12101– 12213). 4. Byrd Anti-Lobbying Amendment. All suppliers, contractors, subcontractors, consultants, and sub- consultants must comply with the Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended). Suppliers, contractors, subcontractors, consultants, and sub-consultants who apply or bid for an award of $100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of an agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient. 5. Civil Rights Act of 1964 – Title VI. All suppliers, contractors, subcontractors, consultants, and sub-consultants must comply with the requirements of Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq.), which provides that no person in the United States will, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 35 6. Civil Rights Act of 1968. All suppliers, contractors, subcontractors, consultants, and sub- consultants must comply with Title VIII of the Civil Rights Act of 1968, which prohibits discriminating in the sale, rental, financing, and advertising of dwellings, or in the provision of services in connection therewith, on the basis of race, color, national origin, religion, disability, familial status, and sex (42 U.S.C. § 3601 et seq.), as implemented by the Department of Housing and Urban Development at 24 C.F.R. Part 100. The prohibition on disability discrimination includes the requirement that new multifamily housing with four or more dwelling units—i.e., the public and common use areas and individual apartment units (all units in buildings with elevators and ground-floor units in buildings without elevators)— be designed and constructed with certain accessible features (See 24 C.F.R. § 100.201). 7. Clean Air Act and Federal Water Pollution Control Act (Clean Water Act). All suppliers, contractors, subcontractors, consultants, and sub- consultants must comply with the Clean Air Act (42 U.S.C. 7401– 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251–1387), as amended—when contract amounts exceed $150,000 and agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401–7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251–1387). 8. Conflict of Interest Provisions. Interest of Members, Officers, or Employees of the Recipient Members of Local Governing Body or Other Public Officials. No member officer or employee of the recipient or its agent no member of the governing body of the locality in which the program is situated and no other public official of such locality or localities who exercises any functions or responsibilities with respect to the program during his tenure or for one year thereafter shall have any financial interest direct or indirect in any contract or subcontract or the proceeds under this agreement. Immediate family members of said member’s officers, employees and officials similarly barred from having any financial interest in the program. The recipient shall incorporate or cause to be incorporated in all such contracts or subcontracts a provision prohibiting such interest pursuant to the purpose of this section. 9. Contract Work Hours and Safety Standards Act (40 U.S.C. 327-333). [Where applicable] All contracts awarded by the City in excess of $100,000 for contracts that involve the employment of mechanics or laborers shall include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR part 5). Under 40 U.S.C. 3702 of the Act, each contractor must be required to compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 10. Copeland “Anti-Kickback” Act. All suppliers, contractors, subcontractors, consultants, and sub- consultants must comply with the with the Copeland ‘‘Anti- Kickback’’ Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, 36 ‘‘Contractors and Sub- contractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States’’). The Act provides that each contractor or sub-recipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. 11. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non- Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The City must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The City must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The City must report all suspected or reported violations to the Federal awarding agency. 12. Debarment and Suspension. All suppliers, contractors, subcontractors, consultants, and sub- consultants are subject to the non-procurement debarment and suspension regulations implementing Executive Orders 12549 and 12689, and 2 C.F.R. Part 180. These regulations restrict awards, subawards, and contracts with certain parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in federal assistance programs or activities. 13. Domestic Procurement Preference. As appropriate and to the extent consistent with law, the City of Raleigh’s Supplier should, to the greatest extent practicable under a federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including, but not limited to iron, aluminum, steel, cement, and other manufactured products).” For purposes of this clause, (i) “produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States, and (ii) “manufactured products” means items and construction materials composed in whole or in part of nonferrous materials such as aluminum; plastics and polymer based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 14. Drug-Free Workplace Regulations. All suppliers, contractors, subcontractors, consultants, and sub- consultants must comply with the Drug-Free Workplace Act of 1988 37 (41 U.S.C. § 701 et seq.), which requires agreement to maintain a drug-free workplace. 15. Education Amendments of 1972 (Equal Opportunity in Education Act) – Title IX. All suppliers, contractors, subcontractors, consultants, and sub- consultants must comply with the requirements of Title IX of the Education Amendments of 1972 (20 U.S.C. § 1681 et seq.), which provide that no person in the United States will, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any educational program or activity receiving Federal financial assistance. 16. Energy Policy and Conservation Act. All Suppliers, contractors, subcontractors, consultants, and sub- consultants must comply with the requirements of 42 U.S.C. § 6201 which contain policies relating to energy efficiency that are defined in the state energy conservation plan issued in compliance with this Act. 17. Environmental reviews/assessments. When required by Federal program legislation, awarded contractors must conduct and complete federally approved process of reviewing a project and its potential environmental impacts to determine whether it meets federal, state, and local environmental standards. The environmental review process is required for most federally assisted projects to ensure that the proposed project does not negatively impact the surrounding environment and that the property site itself will not have an adverse environmental or health effect on end users. Not every project is subject to a full environmental assessment (i.e., every project's environmental impact must be examined, but the extent of this examination varies), but every project must be in compliance with the National Environmental Policy Act (NEPA), and other related Federal and state environmental laws. 18. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Part 60, all contracts that meet the definition of “federally assisted construction contract” in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41 CFR 60-1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and implementing regulations at 41 CFR part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.” 19. Fly America Act of 1974. All suppliers, contractors, subcontractors, consultants, and sub- consultants must comply with Preference for U.S. Flag Air Carriers: (air carriers holding certificates under 49 U.S.C. § 41102) for international air transportation of people and property to the extent that such service is available, in accordance with the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. § 40118) and the interpretative guidelines issued by the Comptroller General of the United States in the March 31, 1981, amendment to Comptroller General Decision B-138942. 20. Hotel and Motel Fire Safety Act of 1990. In accordance with Section 6 of the Hotel and Motel Fire Safety Act of 1990,15 U.S.C. § 2225a, all suppliers, contractors, subcontractors, consultants, and sub-consultants must ensure that all conference, meeting, convention, or training space funded in whole or in part with Federal funds complies with the fire prevention and control guidelines of the Federal Fire Prevention and Control Act of 1974, as amended, 15 U.S.C. § 2225. 38 21. Limited English Proficiency (Civil Rights Act of 1964, Title VI). All suppliers, contractors, subcontractors, consultants, and sub- consultants must comply with the Title VI of the Civil Rights Act of 1964 (Title VI) prohibition against discrimination on the basis of national origin, which requires taking reasonable steps to provide meaningful access to persons with limited English proficiency (LEP) to their programs and services. 22. Patents and Intellectual Property Rights. Unless otherwise provided by law, suppliers, contractors, subcontractors, consultants, and sub-consultants are subject to the Bayh-Dole Act, Pub. L. No. 96-517, as amended, and codified in 35 U.S.C. § 200 et seq. All suppliers, contractors, and subcontractors, consultants, sub-consultants are subject to the specific requirements governing the development, reporting, and disposition of rights to inventions and patents located at 37 C.F.R. Part 401 and the standard patent rights clause located at 37 C.F.R. § 401.14. 23. Procurement of Recovered Materials. All suppliers, contractors, and subcontractors, consultants, sub- consultants must comply with Section 6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition. 24. Rehabilitation Act of 1973. All suppliers, contractors, subcontractors, consultants, and sub- consultants must comply with the requirements of Section 504of the Rehabilitation Act of 1973, 29 U.S.C. § 794, as amended, which provides that no otherwise qualified handicapped individual in the United States will, solely by reason of the handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. 25. Remedies. All contracts in excess of the small purchase threshold fixed at 41 U.S.C. 403(11) (currently $250,000) shall contain contractual provisions or conditions that allow for administrative, contractual, or legal remedies in instances in which a contractor violates or breaches the contract terms. 26. Rights to Inventions Made Under a Contract or Agreement. Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the City in any resulting invention in accordance with 37 CFR part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 27. Telecommunications Huawei / ZTE Ban. 2 C.F.R. 200.216 prohibits non-federal entities receiving federal grant funds from entering into a contract (or extend or renew a contract) to procure or obtain equipment, services, or system that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system from the Chinese manufacturers Huawei and ZTE. 28. Termination. All contracts shall contain suitable provisions for termination by the City, 39 including how termination shall be affected and the basis for settlement. In addition, such contracts shall describe the conditions under which the contract may be terminated for default as well as conditions where the contract may be terminated due to circumstances beyond the control of the contractor. All contracts in excess of $10,000 must address termination for cause and for convenience by the City, including the manner by which it will be given legal effect, and the basis for settlement. See 2 CFR Appendix II to Part 200(B). 29. Terrorist Financing. All suppliers, contractors, subcontractors, consultants, and sub- consultants must comply with E.O. 13224 and U.S. law that prohibit transactions with, and the provisions of resources and support to, individuals and organizations associated with terrorism. 30. Trafficking Victims Protection Act of 2000. All suppliers, contractors, subcontractors, consultants, and sub- consultants must comply with the requirements of the government- wide award term which implements Section 106(g) of the Trafficking Victims Protection Act of 2000, (TVPA) as amended (22 U.S.C. § 7104). The award term is located at 2 CFR § 175.15, the full text of which is incorporated here by reference in the standard terms and conditions for federally funded procurements. 31. Universal Identifier and System of Award Management (SAM). All suppliers, contractors, subcontractors, consultants, and sub- consultants are required to comply with the requirements set forth in the government-wide Award Term regarding the System for Award Management and Universal Identifier Requirements located at 2 C.F.R. Part 25, Appendix A, the full text of which is incorporated here by reference in the standard terms and conditions for federally funded procurements. 32. USA Patriot Act of 2001. All suppliers, contractors, subcontractors, consultants, and sub- consultants must comply with requirements of the Uniting and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act (USA PATRIOT Act), which amends 18 U.S.C. §§ 175–175c. 33. Whistleblower Protection Act. All suppliers, contractors, subcontractors, consultants, and sub- consultants must comply with the statutory requirements for whistleblower protections (if applicable) at 10 U.S.C § 2409, 41 U.S.C. 4712, and 10 U.S.C. § 2324, 41 U.S.C. §§ 4304 and 4310. https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200/appendix-Appendix%20II%20to%20Part%20200#p-Appendix-II-to-Part-200(B) 38 APPENDIX VII EXCEPTIONS TO THE RFQ CHECK ONE: ☐ NO EXCEPTIONS, PROPOSER COMPLIES WITH ALL DOCUMENTS IN RFQ. ☐ EXCEPTIONS ARE LISTED BELOW: # RFQ Page #, Section, Name, Title, Item # 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 39 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: 40 Appendix VIII FEDERAL AND STATE REQUIREMENTS AND SPECIAL CONDITIONS for PROFESSIONAL and ARCHITECTURAL & ENGINEERING SERVICES 1. General The work performed under this contract will be financed, in part, by grants provided under programs of the Federal Transit Administration. Citations to federal law, regulation, and guidance references include, but are not limited to, the Master Agreement FTA MA (21), dated October 1, 2014, FTA Circular 4220.1F, dated November 1, 2008; "Best Practices Procurement Manual", updated March 13, 1999 with revisions through October 2005; Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,”, 2 C.F.R part 1201, dated December 19, 2014, will supersede and apply in lieu of U.S. DOT’s common grant rules, 49 C.F.R. parts 18 and 19, State and Local Governments and Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations and any subsequent amendments or revisions thereto. 1) THE FOLLOWING MAY BE USED SYNONYMOUSLY: “BIDDER” AND “CONTRACTOR” “PURCHASER”, “PROCURING AGENCY” AND “OWNER” 2. Federal Changes Contractor shall at all times comply with all applicable Federal Transit Administration (FTA) regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract. FTA’s new authorizing legislation, MAP-21 made significant changes to FTA’s public transportation programs. FTA has determined that: (1) MAP-21 requirements apply to: a. New grants and cooperative agreements for which FTA awarded FY 2013 or a later fiscal year funds appropriated or made available to carry out MAP-21 programs, b. Amendments to existing grants and cooperative agreements for which FTA awarded funds made available or appropriated to carry out MAP-21 pro