6-FY26-RFQ-10 Trunk Sewer Stream Bank Repairs.pdf

FY26-RFQ-10 Page 1 of 14 Trunk Sewer Stream Bank Repairs

REQUEST FOR QUALIFICATIONS

FOR

PROFESSIONAL ENGINEERING SERVICES

FOR THE

TRUNK SEWER STREAM BANK REPAIRS

FY26-RFQ-10

CITY OF CHARLOTTE, NORTH CAROLINA

OCTOBER 2025

FY26-RFQ-10 Page 2 of 14

REQUEST FOR QUALIFICATIONS

FOR

PROFESSIONAL ENGINEERING SERVICES FOR THE

October 30, 2025

Charlotte Water is requesting proposals from qualified companies interested in providing Professional Engineering Services for the Trunk Sewer Stream Bank Repairs Project. The requirements for submitting a Statement of Qualifications are stated in the attached Request for Qualifications. Please review them carefully.

Charlotte Water is using the Bonfire City of Charlotte e-Procurement Portal (“Procurement Portal” -https://charlottenc.bonfirehub.com) to accept and evaluate proposals for this RFQ. Proposals must be submitted electronically through the Procurement Portal no later than the date and time stated in the Schedule of Events.

Exhibit 1 provides a sample of Charlotte Water’s standard professional services agreement that will be presented to the selected company(ies). Please review prior to submitting your Statement of Qualifications.

The City of Charlotte appreciates your interest in providing professional services for this project.

Sincerely, Laura Osborne Procurement Officer Laura.Osborne@charlottenc.gov

FY26-RFQ-10 Page 3 of 14

REQUEST FOR QUALIFICATIONS

FOR

PROFESSIONAL ENGINEERING SERVICES FOR THE

DESCRIPTION OF PROJECT

Charlotte Water (CLTWater) is soliciting Statements of Qualifications (SOQ) from qualified engineering companies (Company or Proposer) to provide professional engineering services for the Trunk Sewer Stream Bank Repairs Project (Project).

BACKGROUND

CLTWater maintains 4,288 miles of wastewater mains, many of which run along and/or across streams and channels. Stream instability (i.e. erosion and horizontal and vertical migration) threatens the stability of some of CLTWater's infrastructure (e.g. pipes, manholes, etc.).

CLTWater intends to contract with a qualified multidisciplinary professional engineering consulting firm properly licensed in North Carolina.

SCOPE

The selected firm will prepare recommendations to proactively protect infrastructure from stream erosion and other threats and respond to emergencies as needed. Recommendations could include feasibility studies, detailed construction drawings, and specifications for stream bank stabilization; stream restoration; stream and/or wastewater main repair and relocation. Stream work will be completed using natural channel design where feasible. All designs must comply with the requirement of local, state (i.e., NCDEQ), and federal (e.g., USACE, etc.) resource and regulatory agencies.

This is not intended to be all-inclusive, nor is it guaranteed that all of the above tasks will be utilized. A more defined Scope of Work will be developed during negotiation with the selected firm

SCHEDULE OF EVENTS

Provided below is the anticipated schedule of events. The City reserves the right to adjust the schedule and add or remove specific events to meet the unique needs of the Project. Contract negotiation is expected to begin shortly after selection.

EVENT DATE

Issuance of RFQ October 30, 2025 Last Day for Questions November 13, 2025 at 5:00 p.m.

SOQ Packages Due November 20, 2025 at 2 p.m.

Selection Notification December 2025 - January, STATEMENT OF QUALIFICATION PREPARATION

SOQ Submission

FY26-RFQ-10 Page 4 of 14

Companies wanting to be considered for providing the required services for the City must submit all required documents and respond to all questions with the Procurement Portal under the respective Project. Refer to the Instructions document in the Procurement Portal for submission instructions.

The City strongly recommends allowing sufficient time to complete this process (several days prior to the deadline) to begin the uploading process and to finalize its submission.

Uploading large documents may take time, depending on the size of the file(s) and your Internet connection speed. You will receive an email confirmation receipt with a unique confirmation number once you finalize your submission.

Each Company is solely responsible for the timely submittal of their SOQ. Companies accept all risks of late delivery regardless of fault. In addition, Companies accept all risks if file is corrupted, incorrect, incomplete, or not attached.

Format and Page Limit The SOQ Package should consist of the information described below. Due to demands on the time of the Selection Committee members, please limit your proposal to fifteen (15) pages. Page size should be 8.5” x 11” and type size should be no smaller than 11 points for narrative sections, but may be reduced for captions, footnotes, etc. as required while still maintaining legibility. Front and back covers, dividers, and required forms will not count toward the page limit. Promotional literature, brochures, and the cover letter will be considered as part of the page limit. Statements consisting of more than the previously stated page limit may be rejected.

Proposers may not include hyperlinks, QR codes, or similar, that links to websites or additional online resources in their SOQ. All content submitted for consideration must be printed in the SOQ and adhere to the page limits provided above.

SOQ Contents

Cover Letter Cover letter should be signed by a person empowered to commit the company to a contractual arrangement with the City of Charlotte.

Section One: Project Team

1. Provide an organizational chart identifying members of the team, including subconsultants who would be assigned to this project. The chart should clearly delineate roles and responsibilities of the various team members.

2. For proposed subconsultants, please provide the name of each company, the office location, contact name and telephone number, and the services to be provided.

3. Indicate if any member of your team has been certified as a Minority or Small Business Enterprise (MSBE) by the City of Charlotte. For MSBE certified subconsultants, please complete the CBI Participation form.

4. Provide brief bios for the team members listed on the organizational chart. Particular emphasis should be placed on the project manager, his/her length of time with the company, and his/her relevant experience for this project. Background information for all team members should include professional registrations/certifications listing applicable state(s).

Section Two: Experience and Approach

FY26-RFQ-10 Page 5 of 14

1. Provide three (3) project examples completed within the past five (5) years by your company that were similar in size or type to this project. Proposers may list ongoing projects; however, preference may be given to proposers providing completed projects.

Include date of substantial completion / final completion. Projects listed in the bios may include work done by individuals while employed by other companies, but this must be noted beside the project name. For each project, provide a brief project summary, identify the owner, and include the name and phone number of the owner’s representative. In addition, indicate which member(s) of your proposed project team had key roles in the projects, and what those roles were.

2. Describe the general tasks required to fulfill project requirements and your company’s approach to completing those tasks.

3. Workload / Availability

4. Summarize why your company should be selected.

Section Three: CBI Participation Provide responses to the following questions:

1. Has the Proposer included Minority, Women, Small Business Enterprises on past similar projects?

2. Was this experience with the City of Charlotte’s program? If no, state the program used and briefly describe the requirements and compliance.

3. Include a list of past projects and your MWSBE utilization on said projects.

4. Identify outreach efforts that will be employed by the Proposer to maximize inclusion efforts as well as outreach efforts that have already been conducted in connection with this RFQ. Identify specific scopes of work to be performed by certified firms.

5. Provide a recent project example of compliance efforts and results.

Acknowledgements To be deemed responsive to this RFQ, Companies must complete all Acknowledgements listed in the Requested Information section on the Procurement Portal.

EVALUATION CRITERIA

SOQ packages will be evaluated on the Company’s ability to meet the requirements of this RFQ. Evaluations will focus on relative strengths, weaknesses, deficiencies and risks associated with the SOQs. Factors will include the following:

− The Company’s experience in providing similar services for similar projects;

- Qualifications and abilities of key individuals identified in the Qualifications Package;

- Company’s approach;

- Proposed utilization of companies certified / registered with the City’s Charlotte Business

Inclusion program who will be given realistic opportunities to perform under the scope of this contract;

- Appropriate licensure of the Company to provide the services requested (including licensure through the North Carolina Board of Examiners for Engineers and Surveyors); and

- References.

FY26-RFQ-10 Page 6 of 14

It is the intent of CLTWater to select one company for this project. However, during the course of selection, CLTWater may decide to select multiple companies if it’s in the best interest of the City.

ADDITIONAL INFORMATION ABOUT THIS RFQ

1. Charlotte Business INClusion

Pursuant to Charlotte City Council’s adoption of the Charlotte Business INClusion (CBI) Policy, the CBI program seeks to enhance competition and participation of Minority-owned, Women-owned, and Small Business Enterprises (MWSBEs) in City contracting.

To accomplish this, the City has examined its procurements and set specific MWSBE participation goals on a contract-by-contract basis. In addition, CBI makes a concerted effort to expand its certified MWSBE vendor pool and assist city-certified firms in growing, enhancing, and developing their businesses. CBI currently offers numerous development programs that support certified businesses in organizational training, strategic development, and networking opportunities.

The CBI Policy and CBI Manual are posted online here:

www.charlottebusinessinclusion.com.

Firms are highly encouraged to consider any and all possibilities for M/W/SBE participation. A complete list of City certified SBEs is available at https://charlotte.diversitycompliance.com/.

The City is committed to promoting opportunities for maximum participation of certified MWSBEs on City funded contracts at both the Prime and Subcontract level. For MWSBE participation to count towards a Goal, MWSBEs must meet both the certification and geographic requirements as detailed throughout this solicitation and in the CBI Policy.

To determine whether disparities exist in City contracting based on race, gender or other factors, and also to measure the effectiveness of the City’s Charlotte Business INClusion (“CBI”) Program, the City tracks the utilization of subconsultants and suppliers on certain City contracts based on race, gender, small business status, and other factors. For analysis purposes, it is important that the City obtain this data not only for minority-owned, women-owned, and small business suppliers and subconsultants, but also for other subconsultants and suppliers. As a condition for receiving payments under this Contract, the Proposer agrees to submit any payment record into InclusionCLT, or any subsequent system designated by the City, detailing the amounts paid by the Consultant to all subconsultants and suppliers receiving payment in connection with this Contract.

The City intends to negotiate a MWSBE subcontracting goal with the selected Company(ies). The City would like the Company to submit the firms it intends to utilize to meet this goal. Therefore the Company is required to submit the CBI Form 3 attached herein. Failure to submit this form with the Proposal shall render the Proposal non-responsive.

Entities Certified In Multiple Categories. In measuring Goal attainment, a subconsultant may only be counted once towards the corresponding Project Goal. If a firm is dual certified as either an MBE and SBE, or WBE and SBE, they should be counted toward the MBE or WBE goal. For example, if a firm is City certified as an SBE and City registered MBE, they should be counted toward the MBE goal.

http://www.charlottebusinessinclusion.com/ https://charlotte.diversitycompliance.com/

FY26-RFQ-10 Page 7 of 14

In evaluating the company’s proposal, the City may take into account: (1) the Company’s past performance in meeting MBE, WBE and SBE goals; (2) the Company’s Participation Plan; and (3) the Participation Plan submitted by other companies in comparison to the Company’s Participation Plan.

2. Vendor Registration

In order to measure the effectiveness of the City’s CBI Program, all prime consultants and first-tier subconsultants and suppliers must be registered in the City’s Vendor Registration System. Consultants and subconsultants not registered cannot receive payment for services and/or supplies provided under any City contract.

3. Addenda / Questions and Answers

Companies may submit written questions concerning this RFQ through the Vendor Discussion section on the Procurement Portal. Questions received after the stated deadline in the Schedule of Events may not be answered. No oral statement of any person shall modify or otherwise change or affect the terms, conditions, specifications, or any other item stated in the RFQ. Changes, interpretations, and clarifications considered necessary by the Owner in response to questions received will be issued by Addenda. Addenda shall be made in writing only and posted on the Procurement Portal.

Companies are encouraged to contact the Charlotte Business INClusion (CBI) Liaison for assistance or clarification with issues specifically related to the City’s CBI Program.

The point of contact is Frederica Love, who may be reached via email at frederica.love@charlottenc.gov.

4. Selection Process / Interviews

Pursuant to North Carolina General Statute 143-64.31, Charlotte Water is conducting a “qualifications-based” selection process without regard to fee.

CLTWater will conduct a fair and impartial evaluation of all proposals that are received in accordance with the provisions of this RFQ. CLTWater will appoint a selection committee to perform the evaluation. CLTWater reserves the right to obtain clarification of any point in a company’s/team’s Qualification Package or to obtain additional information. All companies/teams who submit Qualification Packages will be notified of the selection committee’s choice. Final approval of any selected company/team is subject to the action of City Council or appropriate City officials.

Interviews with companies are not anticipated, but may be held at the option of the selection committee. An interview process may be used to clarify the information contained in the SOQ, but not to modify the SOQ. The SOQ evaluation committee may use the interviews to confirm or modify the evaluation of the SOQs and to clarify any questions.

5. Failure to Comply with Instructions

The City may choose to exercise the following options for SOQ packages that fail to comply with any requirement of this RFQ: a) assign a low rating; or b) deem the SOQ non-responsive and remove the SOQ from further consideration.

6. Modification or Withdrawal of SOQs mailto:frederica.love@charlottenc.gov

FY26-RFQ-10 Page 8 of 14

Companies may change or withdraw their SOQs at any time prior to the due date by editing or removing their submission on the Procurement Portal.

Withdrawal of a SOQ will not preclude a Proposer from subsequently submitting a new SOQ, so long as that new SOQ is properly submitted and received by in accordance with the instructions and deadline stated in this RFQ.

7. Negotiations and Modification of Contract Documents

The City reserves the right to conduct negotiations with the Proposer regarding any remaining issues provided that the general work scope remains the same and that the field of competition does not change as a result of material changes to the requirements stated in the RFQ. The City will make such modifications to the Contract Documents as it may determine, in the exercise of its sole discretion, to be necessary to fully incorporate the terms of the Proposer’s Statement of Qualification, or to correct any inconsistencies, ambiguities, or errors that may exist in the Contract Documents. If, in the City’s sole discretion, it determines that the highest qualified Proposer is not responsive to the negotiation process, or that the parties will be unable to reach a mutually-acceptable Contract, the City may terminate negotiations with the Proposer.

The City will then continue the process of negotiation with the next highest qualified Proposer until the City either successfully negotiates a Contract or cancels the procurement.

The contents of this RFQ and all provisions of the successful proposal deemed responsive by the City of Charlotte may be incorporated, either in whole or in part, into a contract and become legally binding when approved and executed by both parties.

Contents of the contract may contain changes from the City of Charlotte’s perspective as a result of the RFQ process and proposal(s) received. The final negotiated contract may include the scope of work as outlined in this RFQ along with the successful firm’s submittal and any additions or deletions made at the discretion of the City as a result of the RFQ process.

8. Public Records, Trade Secrets, and Personal Identification Information Trade Secrets are information of the City or any of its suppliers, contractors or licensors that: (i) derives value from being secret; and (ii) the owner has taken reasonable steps to keep confidential. See N.C. Gen. Stat. § 66-152 et seq. Examples of trade secrets include information relating to proprietary software, new technology, new products or services, flow charts or diagrams that show how things work, manuals that tell how things work, and business processes and procedures.

Upon receipt by the City, each Qualifications Package becomes the property of the City and is considered a public record except for (1) material that qualifies as “Trade Secret” information under North Carolina General Statute 66-152 et seq. (“Trade Secrets”) or (2) “personally identifiable information” protected by state or federal law, to include, but not be limited to, Social Security numbers, bank account numbers, and driver’s license numbers (“Personally Identifiable Information” or “PII”).

To properly designate material as a trade secret under these circumstances, each company must take the following precautions: (1) any trade secrets submitted by the Company should be submitted in a separate, sealed envelope (or separate PDF for electronic proposals) marked “Confidential - Trade Secret/Personally Identifiable Information - Do Not Disclose Except for the Purpose of Evaluating this Qualifications

FY26-RFQ-10 Page 9 of 14

Package,” and (2) the same trade secret/confidentiality designation should be stamped on each page of the trade secret materials and submitted separately in the Procurement Portal.

By submitting a Qualifications Package, each Company agrees that the City may reveal any trade secret materials and PII contained in such response to all City staff and City officials involved in the selection process and to any outside consultant or other third parties who serve on the Selection Committee or who are hired by the City to assist in the selection process.

Any person or entity (including competitors) may request Proposals submitted in response to an RFQ. Only those portions of RFQs properly designated as Trade Secret or PII are not subject to disclosure. The public disclosure of the contents of a Proposal or other materials submitted by a Company is governed by N.C. Gen. Stat.

§§ 132 and 66-152, et seq.

When determining whether to mark materials as Trade Secret, please note entire Proposals may not be marked as Trade Secret. The City may disqualify any Company that designates its entire Proposal as a trade secret, or any portion thereof that clearly does not qualify under applicable law as a Trade Secret or PII. Each Company agrees to indemnify, defend, and hold harmless the City and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material that the Company has designated as a Trade Secret or PII. This includes an obligation on the part of the Company to defend any litigation brought by a party that has requested Proposals or other information that the Company has marked Trade Secret or PII.

9. Commercial Non-Discrimination Ordinance REQUIRED BY CITY ORDINANCE: Company agrees to comply with the Non-

Discrimination Policy set forth in Chapter 2, Article V of the Charlotte City Code, which is available for review at http://library.municode.com/index.aspx?clientId=19970 and incorporated herein by reference. Company consents to be bound by the award of any arbitration conducted thereunder.

10. E-Verify As a condition for payment under this Contract, Company shall: (i) comply with the E-

Verify requirements set forth in Article 2 of Chapter 64 of the North Carolina General Statutes (the “E-Verify Requirements”); and (ii) cause each subcontractor under this Contract to comply with such E-Verify Requirements as well. Company will indemnify and save harmless the City from all losses, damages, costs, expenses (including reasonable attorneys’ fees), obligations, duties, fines, penalties, interest charges and other liabilities (including settlement amounts) incurred on account of any failure by Company or any subcontractor to comply with the E-Verify Requirements.

11. Conditions and Reservations The City reserves the right to request substitutions of subconsultants. The City reserves the right to contact any Proposer if such is deemed desirable by the City to obtain any additional information including but not limited to experience, qualifications, abilities, equipment, facilities, and financial standing. The City reserves the right to conduct investigations with respect to the qualifications and experience of any Proposer. The City reserves the right to contact any Company/team to negotiate if such is deemed desirable http://library.municode.com/index.aspx?clientId=19970

FY26-RFQ-10 Page 10 of 14 by the City. The City, at its sole discretion, reserves the right to reject any or all responses to the RFQ, to cancel the RFQ, to re-advertise for new RFQ responses either with identical or revised specifications, or to accept any RFQ response, in whole or part, deemed to be in the best interest of the City. The City reserves the right to waive technicalities and informalities.

A response to this RFQ should not be construed as a contract, nor indicate a commitment of any kind. No recommendations or conclusions from this RFQ process concerning any Company shall constitute a right (property or otherwise) under the Constitution of the United States or under the Constitution, case law or statutory law of North Carolina. No binding contract, obligation to negotiate, or any other obligation shall be created on the part of the City unless the City and a Company jointly execute a contract.

12. Cost of SOQ Preparation The City accepts no liability for the costs and expenses incurred by companies responding to this RFQ, in preparing responses for clarification, in attending interviews, participating in contract development sessions, or in attending meetings and presentations required for the contract approval process. Each Company that enters into the procurement process shall prepare the required materials and proposals at its own expense and with the express understanding that the Company cannot make any claims whatsoever for reimbursement from the City for the costs and expenses associated with the procurement process. The RFQ does not commit the City to pay for costs incurred in the submission of a response to this RFQ or for any cost incurred prior to the execution of a final contract.

13. Registration with Secretary of State for North Carolina and North Carolina Board of Examiners for Engineers and Surveyors Any Company wishing to be considered for the Services must be properly registered with the Office of the Secretary of State, if applicable, and with the North Carolina Board of Examiners for Engineers and Surveyors at the time of submission of the SOQ. The private engineering Company selected under this RFQ will be responsible for providing all professional, technical, managerial, and administrative staff with the appropriate skills and qualifications to perform the required Services. The engineers in responsible charge of the work must be registered as a Professional Engineer in the State of North Carolina and must have good ethical and professional standing.

Any Company proposing to use corporate subsidiaries or subcontractors must include a statement that these companies are properly registered with the NC Board of Architecture or NC Board of Registration for Professional Engineers and Land Surveyors. It will be the responsibility of the prime company to verify the registration of any corporate subsidiary or subcontractor prior to submitting a SOQ. For detailed licensing requirements, refer to North Carolina General Statutes (http://www.ncbels.org/rulesandlaws.html).

14. Communication Guidelines

Companies and their staff are prohibited from communicating with elected City officials and City employees regarding the RFQ or proposals from the time the RFQ has been released until all respondents have been notified and the selection results have been publicly announced. These restrictions extend to “thank you” letters, phone calls, and http://www.ncbels.org/rulesandlaws.html

FY26-RFQ-10 Page 11 of 14 emails and any contact that results in the direct or indirect discussion of the RFQ and/or the Qualification Package submitted by the Company/team. Violation of this provision by the Company/team and/or its agents may lead to disqualification of the company’s/team’s proposal from consideration.

15. No Lobbying The Company certifies that it has not and will not pay any person or organization to influence or attempt to influence an officer or employee of the City or the State of North Carolina in connection with obtaining a contract under this RFQ.

16. NC Prohibition on Contracts with Companies that Invest in Iran or Boycott Israel Company certifies that: (i) it is not identified on the Final Divestment List or any other list of prohibited investments created by the NC State Treasurer pursuant to N.C.G.S. 147-

86.58 (collectively, the “Treasurer’s IDA List”); (ii) it has not been designated by the NC State Treasurer pursuant to N.C.G.S. 147-86.81 as a company engaged in the boycott of Israel (such designation being referred to as the “Treasurer’s IB List”); and (iii) it will not take any action causing it to appear on the Treasurer’s IDA List or the Treasurer’s IB List during the term of this Contract. In signing this Contract Company further agrees, as an independent obligation, separate and apart from this Contract, to reimburse the City for any and all damages, costs and attorneys’ fees incurred by the City in connection with any claim that this Contract or any part thereof is void due to Company appearing on the Treasurer’s IDA List or the Treasurer’s IB List at any time before or during the term of this Contract.

17. Duties and Obligations of Companies in the RFQ Process Interested companies are expected to fully inform themselves as to all conditions, requirements and specifications of this RFQ before submitting a proposal. Companies must perform their own evaluation and due diligence verification of all information and data provided by the City and their own evaluation and due diligence of any consultants the firm proposes to engage to provide any of the professional services. The City makes no representations or warranties regarding any information or data provided by the City.

Companies are expected to promptly notify the City in writing to report any ambiguity, inconsistency or error in this RFQ. Failure to notify the City accordingly will constitute a waiver of claim of ambiguity, inconsistency or error.

18. Ownership of Work Products The City shall have exclusive ownership of all intellectual property rights in all designs, plans and specifications, documents and other work product prepared by, for, or under the direction of the selected firm pursuant to any contract under this RFQ including work product prepared by subconsultants (collectively, the “Intellectual Property”), including without limitation the right to copy, use, disclose, distribute, and make derivations of the Intellectual Property for any purpose or to assign such rights to any third party. The Intellectual Property shall be prepared in the City’s name and shall be the sole and exclusive property of the City, whether or not the work contemplated therein is performed. The City will grant the firm a royalty-free, non-exclusive license to use and copy the Intellectual Property to the extent necessary to perform the contract.

19. Financial Capacity; Insurance Requirements The selected firm must have the financial capacity to undertake the work and assume associated liability. The selected firm will be required to provide certificates of insurance

FY26-RFQ-10 Page 12 of 14 and copies of their insurance policies evidencing coverage for professional liability in the minimum amount of $1,000,000; automobile liability in the minimum amount of $1,000,000; commercial general liability in the minimum amount of $1,000,000; and workers’ compensation insurance as required by North Carolina statutes.

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EXHIBIT 1

SAMPLE AGREEMENT

AGREEMENT #

AGREEMENT FOR

PROFESSIONAL SERVICES

PROJECT:

OWNER:

City of Charlotte

5100 Brookshire Boulevard Charlotte, North Carolina 28216

COMPANY:

Vendor #

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF CHARLOTTE AND

TABLE OF CONTENTS

ARTICLE 1 Description; Scope of Services 3

ARTICLE 2 Company’s Responsibilities 4

ARTICLE 3 Time of Beginning and Completion 4

ARTICLE 4 Personnel 5

ARTICLE 5 Points of Contact; Notification 7

ARTICLE 6 Compensation and Payments 9

ARTICLE 7 Items to be Furnished by the City 13

ARTICLE 8 Insurance 13

ARTICLE 9 Quality Control Program 14

ARTICLE 10 Ownership and Use of Work Products 15

ARTICLE 11 Termination 15

ARTICLE 12 Covenants and Representations 18

ARTICLE 13 Indemnification 19

ARTICLE 14 General Compliance with Laws 19

ARTICLE 15 Miscellaneous Conditions 19

ARTICLE 16 Publicity and Statements to the Press 26

ARTICLE 17 Charlotte Business INClusion Program 27

ARTICLE 18 Sensitive Documents 27

ARTICLE 19 E-Verify 28

ARTICLE 20 Dispute Resolution 29

ARTICLE 21 NC Prohibition on Agreements with Companies that Invest in Iran or

Boycott Israel 30

ARTICLE 22 City’s Web Based Project Control System (Trimble Unity Construct) 30

EXHIBITS

EXHIBIT 1 Scope of Services

EXHIBIT 2 Hourly Rate / Compensation Schedule

EXHIBIT 3 Schedule

EXHIBIT 4 Project Team

EXHIBIT 5 E-Verify Certification

EXHIBIT 6 Certification Regarding Debarment, Suspension and Other Responsibility Matters

EXHIBIT 7 Byrd Anti-Lobbying Certification

EXHIBIT 8 Insurance Certificate

EXHIBIT 9 Charlotte Business INClusion Program

EXHIBIT 10 Task Order Form

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF CHARLOTTE AND

THIS AGREEMENT, made and entered into this day of , 2021 (“Effective Date”), by and between the CITY OF CHARLOTTE, a North Carolina municipal corporation, hereinafter referred to as the “City”, and XXX, a professional corporation doing business in North Carolina, hereinafter referred to as the

“Company”.

GENERAL RECITALS

WHEREAS, the City issued a Request for Qualifications (FY22-RFQ-XX) for X dated X;

WHEREAS, the City desires to engage the Company to provide professional services as outlined hereinafter upon the terms and conditions as set out herein;

WHEREAS, the City is authorized by the City Council to enter into an Agreement for performance of such services;

NOW THEREFORE, the City and the Company, for consideration hereinafter stipulated, mutually agree that the Company shall perform the services provided under this Agreement and shall do, perform and carry out in a satisfactory manner, as determined by the City, the following:

AGREEMENT

ARTICLE 1 – DESCRIPTION; SCOPE OF SERVICES

The Company has been retained by the City to provide services associated with the

X Project (Project). A detailed description and scope of services is included in Exhibit 1 of the

Agreement. Unless otherwise stated in Exhibit 1, the Company shall obtain and provide all labor, materials, equipment, transportation, facilities, services, permits, and licenses necessary to perform the services.

1.1 Task Orders

The City and Company will negotiate the details of Task Orders for specific services under this

Agreement. The Company will execute and submit to the City a proposed Task Order utilizing the form provided in Exhibit 10 for each project that the Company proposes to provide to the City under this Agreement. The City may accept the proposed Task order by issuing a purchase order. Upon issuance of such purchase order, the Task Order and the purchase order shall be deemed incorporated into and made part of this Agreement, and each reference to an accepted Task Order in this Agreement shall be deemed to include both the Task Order in the form accepted by the City and the purchase order. In the event of a conflict between the main body of this Agreement and the Task

Order or purchase order, the main body of the Agreement shall prevail. In the event of a conflict between the City’s purchase order and the remainder of the Task Order, the City’s purchase order will prevail. The City will not be legally obligated by a Task Order absent a City-issued purchase order. This Agreement is for an indefinite quantity with no minimum purchase requirement. The

Company is not approved to start work until receipt of a purchase order.

Each Task Order will include a fee breakdown attachment. The fees provided in Task Orders shall be calculated using the hourly and unit rates set forth in Exhibit 2 of this Agreement.

ARTICLE 2 - COMPANY’S RESPONSIBILITIES

Upon receipt of a written Notice to Proceed, Company shall:

a. Provide professional services for the City to which this Agreement applies;

b. Serve as City’s professional as directed by the City’s Project Manager;

c. Furnish professional consultation and advice;

d. Furnish services incidental to the Project;

e. Review available data and consult with City to clarify and define City’s requirements;

f. Obtain that information, conduct those investigations, and undertake other reasonable efforts necessary for the Company to become conversant with the philosophy and purpose of each project and to carry out its responsibilities;

g. Identify and analyze requirements of governmental authorities having jurisdiction and assist the City in obtaining required approval from such authorities.

ARTICLE 3 - TIME OF BEGINNING AND COMPLETION

This Agreement shall commence on the Effective Date and shall continue in full force until all contract monies have been expensed / for an initial term of years from the Effective Date, unless sooner terminated or extended in accordance with the provisions of this Agreement. Time is of the essence and the Company shall begin work immediately following issuance of each written Task Order / a written Notice to Proceed. All services shall be completed in accordance with the schedule in Exhibit 3

ARTICLE 4 - PERSONNEL

The key personnel listed in the Company’s organizational chart (Exhibit 4) shall be assigned to the Project until completion. No changes in Company’s key personnel shall be made without prior written approval of the City.

4.1 Addition, Removal and Replacement of Personnel

The City has the right to require any additional personnel that the City deems necessary to maintain the Project schedule. The City also has the right to require removal and replacement of any personnel of the Company or Company’s subconsultants who are assigned to perform services for the City. The City shall be entitled to exercise such right in its sole discretion by providing written notice to the Company.

The City must approve in writing any hires or transfers of personnel to “Key Personnel” positions on the Project, and the City shall have the right to interview all personnel that the Company proposes to hire or transfer to such positions. As used in this Agreement, the term “Key Personnel” shall mean any personnel of the Company or its subconsultants who are identified as Key Personnel in Exhibit 4 to the Agreement, or whom the City from time to time designates in writing to the Company as fulfilling a key role in the Project. Unless approved by the City in writing, the Company will not: (i) remove the Company’s Key Personnel from the Project or permit its subconsultants to remove Key Personnel from the Project; or (ii) materially reduce the involvement of the Company’s Key Personnel in the Project or allow its subconsultants to materially reduce the involvement of Key Personnel in the Project.

The Company will replace any personnel who leave the Project with equivalently qualified persons.

The Company will replace such personnel as soon as reasonably possible, and in any event within thirty days after the Company first receives notice that the person will be leaving the Project.

If the Company falls more than 7 days behind in completing any Deliverable required by this

Agreement, the Company will devote all personnel assigned to the Project to working on the Project on a first priority basis. If the delay is at the fault or request of the City, the Company should provide written notice to the City’s Project Manager. As used in this Agreement, the term “personnel” includes all staff provided by the Company or its subconsultants, including but not limited to Key Personnel.

4.2 Respectful and Courteous Behavior

The Company shall assure that its employees interact with City employees and with the public in a courteous, helpful, and impartial manner. All employees of the Company in both field and office shall refrain from belligerent behavior and/or profanity. Correction of any such behavior and language shall be the responsibility of the Company.

4.3 Commercial Non-Discrimination Ordinance

REQUIRED BY CITY ORDINANCE: Company agrees to comply with the Non-Discrimination Policy set forth in Chapter 2, Article V of the Charlotte City Code, which is available for review at http://library.municode.com/index.aspx?clientId=19970 and incorporated herein by reference.

Company consents to be bound by the award of any arbitration conducted thereunder.

4.4 Subcontractor Employees

For purposes of this section, Company’s “employees” shall include employees of any subcontractor.

The Company's employees who normally and regularly come in direct contact with the public shall be clearly identifiable by name badges, nametags, or identification cards. The Company shall assure that its employees serve the public in a courteous, helpful, and impartial manner. All employees of the Company in both field and office shall refrain from belligerent behavior and/or profanity.

Correction of any such behavior or language shall be the responsibility of the Company. The

Company agrees to make itself aware of and comply with the City’s Harassment Policy. The City will not tolerate or condone acts of harassment based upon race, sex, religion, national origin, color, age or disability. Violators of this policy shall be subject to termination.

ARTICLE 5 - POINTS OF CONTACT; NOTIFICATION

5.1 City’s Point of Contact

The City will designate a Project Manager who is authorized to act in the City’s behalf with respect to the Project, except as otherwise limited by this Agreement. The Project Manager will examine the documents submitted by the Company and will expedite decisions concerning the documents in order to avoid unreasonable delay in the progress of the Company’s Services. The Project Manager will coordinate all communication between the Company and the City unless otherwise specified in writing. The Company shall contact the Project Manager prior to all meetings involving City personnel.

The City’s Point of Contact and Project Manager is:

5.2 Company’s Point of Contact

The duties of the Company’s Point of Contact include, but are not limited to:

Managing the overall Project by monitoring and reporting on the status of the Project and on actual versus projected progress, and by consulting with the City Project Manager when deviations occur and by documenting all such deviations in accordance with agreed upon change control procedures;

Meeting with other entities working on City projects that relate to this effort as necessary to resolve problems and coordinating the services;

Coordinating Services and the Company’s resource assignments based on the City’s requirements;

Providing consultation and advice to the City on matters related to the Services and the Project and acting as a conduit to the Company’s specialist resources that may be needed to supplement the Company’s regular staff;

Acting on behalf of Company for all aspects of contract administration, including invoicing for

Services, and status reporting;

Facilitating meetings and conferences between the City and the Company’s staff when scheduled or requested by the City;

Communicating among and between the City and the Company’s staff;

Promptly responding to the City’s Project Manager when consulted in writing with respect to

Service deviation and necessary documentation;

Identifying and providing the City with written notice immediately after the Company becomes aware of any issue that may threaten the delivery of Services in the manner contemplated by this

Agreement; and

Ensuring that adequate quality assurance procedures are in place for the performance of

Services.

The Company’s Point of Contact and Project Manager is:

5.3 Legal Notices

Any notice, consent or other formal communication required or contemplated by this Agreement shall be in writing and shall be delivered in person, by U.S. mail, by overnight courier, by electronic mail or by telefax to the intended recipient at the address set forth below:

For the City:

Charlotte Water City of Charlotte Attorney’s Office

5100 Brookshire Boulevard 600 East 4th Street, 15th Floor

Charlotte, NC 28216 Charlotte, NC 28202

Attn: Attn: Thomas E. Powers, III

Phone: Phone: 704-336-5877

Email: Email: Thomas.Powers@charlottenc.gov

For the Company:

Notice shall be effective upon the date of receipt by the intended recipient, provided that any notice that is sent by electronic mail shall also be simultaneously sent by mail deposited with the U.S. Postal

Service or by overnight courier. Each party may change its address for notification purposes by giving the other party written notice of the new address and the date upon which it shall become effective.

ARTICLE 6 - COMPENSATION AND PAYMENTS

6.1 Lump Sum Fees

The Company shall be compensated on a lump sum basis for the services listed in this Agreement using the fee schedule in Exhibit 2, provided, however, that the total of payments to the Company shall not exceed $XXX.

6.2 Hourly and Unit Price Basis

The Company shall be compensated for actual work performed on an hourly and unit price basis for the services listed in this Agreement using the hourly rates and unit prices in Exhibit 2; provided, however, that the total of payments to the Company for providing hourly and unit price basis services shall not exceed $XXX.

The City reserves the sole right to approve or reject requests for adjustments.

6.3 Subconsultant Fee

The Company may receive compensation for coordination of professional services by subcontractor(s). The maximum fee for coordination is ten percent (10%) of the fee paid to the subcontractor. Such compensation shall be included within the applicable section of the scope of services. This fee is designed to cover general overhead the Company may incur on review and responsibility of the subcontractor’s work.

6.4 Allowance for Additional Services

Additional services shall be performed by the Company only after written instructions to do so are received from the City’s Project Manager. Compensation for additional services performed shall be in accordance with the hourly and unit price rates set forth in this Agreement and shall not exceed

$XXX.

6.5 Reimbursable Expenses

Reimbursable expenses may not be marked up and shall be limited to the actual expenditures incurred by the Company during the performance of the work. Reimbursable expenses shall not exceed $XXX. The following items shall be considered reimbursable expenses and will be compensated at cost:

6.5.1 Travel:

a. Vehicular transportation at the rate established by the Internal Revenue Service current at the time the travel occurs;

b. Parking fees;

c. Airline tickets (only for coach/economy airline fares, or, if not available, first/business airline fares, and both only with prior approval of the Project Manager); and

d. Meals and lodging in connection with out-of-town travel (with prior approval of the Project

Manager).

6.5.2 Permit fees

a. Permit costs and fees paid for securing approval of authorities having jurisdiction over the Project.

6.5.3 Reprographics

a. Copying and binding expenses for drawings, specifications, reports and other Project documents;

b. Photography as approved by the City’s Project Manager; and

c. Renderings and models requested by the City if not specifically included in basic services.

6.5.4 Postage for sending project documents.

6.6 Summary of Fees and Allowances

The maximum cumulative amount paid to the Company pursuant to this Agreement for all services performed and all reimbursable expenses shall not exceed the following:

Lump Sum Fees $

Hourly and Unit Price Allowances $

Allowance for Additional Services $

TOTAL MAXIMUM FEES AND ALLOWANCES $

6.7 Invoices

6.7.1 Payment of the fees provided for under this Agreement will be made to the Company on a monthly basis upon submission of an invoice stating the nature and quantity of work performed and accompanied by proper supporting documentation as the City may require.

Hourly basis fees and reimbursable expenses shall be itemized on each invoice, when applicable. Payments of accurate, undisputed, properly submitted invoices will be made within thirty (30) calendar days of the date of receipt of a correct payment request. A correct payment request is defined as an invoice that indicates only those work items that have been satisfactorily completed and accepted by the City. The Company waives the right to payment for all services that are not invoiced to the City within ninety (90) days after the date on which they have been completed. Final payment to the Company will not be made until

Record Drawings for the Project have been completed, submitted and approved by the City, if applicable.

6.7.2 Each invoice sent by the Company shall detail all services performed and delivered which are necessary to entitle the Company to the requested payment under the terms of this

Agreement. All invoices must include the City purchase order number for purchases made under the Agreement. Purchase order numbers will be provided by the City. Invoices must be submitted with lines matching those on the City-provided purchase order.

6.7.3 The Company shall email all invoices to cocap@charlottenc.gov, with copy to the City’s Point of Contact/Project Manager, or mail all invoices to:

City of Charlotte AP

Attn: Charlotte Water Insert Division, Insert Project Manager

P.O. Box 37979

Charlotte, NC 28237-7979

For either option, Accounts Payable (or AP) must be in the first line. On the “Attn:” line, you must indicate the department or area, along with the appropriate contact name, as shown above. Invoices that are addressed directly to City departments and not to Accounts

Payable may not be handled as quickly as invoices that are addressed correctly.

6.8 Payment Affidavits

To determine whether disparities exist in City contracting based on race, gender and other factors, and also to measure the effectiveness of the City’s Charlotte Business INClusion program, the City tracks the utilization of subcontractors and suppliers on City contracts based on race, gender, small business status, and other factors. For analysis purposes, it is important that the City obtain this data not only for minority-owned businesses, women-owned businesses, and small business suppliers and subcontractors, but also for other subcontractors and suppliers. As a condition to receiving payment under this Agreement, the Company agrees to provide to the City with each invoice for payment submitted under this Agreement, a written payment affidavit detailing the amounts paid by the Company to first tier subcontractors and suppliers in connection with this Agreement (“Payment

Affidavits”). Payment Affidavits shall be in the format specified by the City from time to time, and shall include all payments made to first tier subcontractors and suppliers under this Agreement that are not included on a prior Payment Affidavit.

Failure to provide a properly completed version of each Payment Affidavit required by this Section shall constitute a default under this Agreement, and shall entitle the City to: (a) withhold payment of any amounts due the Company (whether under this Agreement or otherwise), or (b) exercise any other remedies legally available for breach of this Agreement; or (c) impose any other sanctions permitted under the City’s Charlotte Business INClusion program. In order to have a properly completed Payment Affidavit, each Company and first tier subcontractor identified must be registered in the City’s Vendor Registration System.

6.9 Cost Overruns

If it appears during the course of the work that any of the estimated fees and allowances may be exceeded,…