ADVERTISEMENT

Request for Qualifications No. 2026-002 Biennial Bridge and Structures Inspections and Design

Due Date:

Time:

Receipt Location:

June 18, 2026

2:00 PM EDT

Waxhaw Town Hall

4218 Waxhaw Marvin Rd.

Waxhaw, NC 28173

No Pre-Proposal Conference is proposed for this RFQ

Checklist for submitting a Proposal:

Step 1 Read the document fully.

Step 2 Review the solicitation timeline and upcoming events in the Duncan Parnell Bid Room and download copies of any documents if you plan to submit a Proposal. This project will also be advertised on the Town’s website at https://www.waxhaw.com/business/bids-rfps

Step 3 (Optional) Submit any questions to Orion Holtey by the deadline(s) noted for the solicitation.

Step 4 Conduct a thorough review of the Sample Contract. Any exceptions to the Sample Contract must be uploaded in word format (with redlines/tracked changes)

Step 5 Monitor the Duncan Parnell Bid Room for any addendums and/or responses to questions.

If you plan to submit an SOQ, you must submit all required documents and respond to all questions to Orion Holtey for the RFQ.

If awarded a contract, your company will be required to provide an insurance certificate(s) that meets or exceeds the requirements set forth in the Sample Contract.

Procurement Representative

Orion Holtey, Town Engineer

704.843.2195 x 259 oholtey@waxhaw.com

Contents 1 Notice of Advertisement 2 Request for Qualifications (RFQ) Instructions

2.1 PUBLIC NOTICE

2.2 PROJECT OVERVIEW

2.3 RFQ SCHEDULE OF EVENTS AND SOQ SUBMISSION

2.4 EVALUATION CRITERIA AND PROCESS

2.5 SOQ FORMAT

2.6 SOQ CONTENT

2.6.1 SECTION A – COVER LETTER

2.6.2 SECTION B – PROJECT TEAM AND ORGANIZATION

2.6.3 SECTION C – PROJECT STAFF EXPERIENCE AND AVAILABILITY 6

2.6.4 SECTION D – PROJECT APPROACH

2.6.5 SECTION E – TEAM’S COMPARABLE PROJECT EXPERIENCE

2.6.6 SECTION F – REFERENCES

2.6.7 SECTION G – REQUIRED FORMS

3 Representation Condition and Other Requirements

3.1 COMMUNICATIONS

3.2 DUTIES AND OBLIGATIONS OF VENDORS IN THE RFQ PROCESS

3.3 ADDENDA

3.4 NO COLLUSION, BRIBERY, LOBBYING OR CONFLICT OF INTEREST

3.5 PUBLIC RECORDS

3.6 COST OF SOQ PREPARATIONS

3.7 ADVERTISING

3.8 VENDER REGISTRATION WITH TOWN OF WAXHAW

3.9 REGISTRATION WITH SECRETARY OF STATE OF STATE OF NORTH CAROLINA ...10

3.10 FINANCIAL CAPITAL INSURANCE REQUIREMENTS

3.11 OWNERSHIP OF WORK PRODUCTS

3.12 TOWN RIGHTS AND RESERVATIONS

3.13 CONTRACT

3.14 FAMILIARITY AND COMPLIANCE WITH LAWS AND ORDINANCES

3.15 INSURANCE REQUIREMENTS

3.16 NORTH CAROLINA PROHIBITION ON CONTRACTS WITH COMPANIES THAT INVEST

IN IRAN OR BOYCOTT ISRAEL

4 General Conditions and Requirements

4.1 TERMS AND CONDITIONS

4.2 CONTRACTUAL OBLIGATIONS

4.3 SUB-CONTRACTOR/PARTNER DISCLOSURE

4.4 EXCEPTION TO THE PROPOSAL

4.5 MODIFICATION OR WITHDRAWAL OF PROPOSAL

4.6 EQUAL EMPLOYMENT OPPORTUNITY

4.7 MINORITY BUSINESSES (MBE) OR DISADVANTAGED BUSINESSES (DBE)

4.8 LICENSES

4.9 E-VERIFY

4.10 DRUG-FREE WORKPLACE

4.11 INDEMNIFICATION

5 APPENDIX A – PROPOSAL SUBMISSION

6 APPENDIX B – ADDENDUM AND ANTI-COLLUSION

7 APPENDIX C – SAMPLE VENDOR PAYMENT NOTIFICATION

8 APPENDIX D – TEMPLATE CONTRACT

1 NOTICE OF ADVERTISEMENT

Waxhaw, North Carolina Request for Qualification No. 2026-002

Biennial Bridges & structures Inspections and Design

Physical and Electronic submittals will be received by the Town of Waxhaw (Waxhaw) at the Town Hall, 4218 Waxhaw-Marvin NC, 28173 until 2:00 PM EDT on June 18, 2026. Late submittals will not be accepted.

The Town of Waxhaw, North Carolina, is now accepting Statements of Qualifications (SOQs) for Biennial Bridges & structures Inspections and Miscellaneous Design. The requirements for submitting an SOQ are stated in the attached Request for Qualifications (the “RFQ”). Please review them carefully.

NO PRE-SUBMITTAL MEETING is scheduled at this time.

SOQ submissions are due no later than June 18, 2026 at 2 PM.

The Town is an equal opportunity purchaser.

2 REQUEST FOR QUALIFICATIONS (RFQ) INSTRUCTIONS

2.1 Public Notice

The Town of Waxhaw (Town) is soliciting Statements of Qualifications (SOQs) from vendors/teams (Vendors) to provide biennial Bridges & Structures Inspection and Design services (Services). The Town is seeking vendors whose combination of experience and expertise will provide timely, professional services.

The Town reserves the right to enter into one or more contracts with any vendor selected under this RFQ process.

Information related to this solicitation, including any addenda, will be posted electronically through the Duncan-Parnell Bid Room.

2.2 Project Overview

This RFQ is for the selection of a vendor to perform Biennial Inspections for Non-DOT qualifying Bridges in public right of way.

The selected vendor shall perform inspections every two years on town Non-NCDOT qualifying Bridges and Downtown Historic Pedestrian Bridge. Structure safety inspections will be performed in accordance with National Bridge Inspection Standards and NCDOT requirements. Work will be performed under the direct supervision of a licensed Professional Engineer. Inspection teams will be led by an Inspection Team Leader. Throughout the contract additional designs and inspections of foot bridges and retaining walls may require the Professional services of the selected vendor.

This is proposed to be a 6-year agreement to include the next 3 biennial inspections including 2026, 2028, and 2030. The agreement will extend to July 1, 2030, to finalize any inspections, design and construction needs identified during the 2030 inspection.

2.3 RFQ Schedule of Events and SOQ Submission

Provided below is the anticipated schedule of events. The Town reserves the right to adjust the schedule and to add/remove specific events to meet the unique needs of this Project.

Advertisement of RFQ: May 22, 2026

Deadline for Questions: June 4, 2026

DUE DATE & TIME FOR

SUBMITTALS:

June 18, 2026 at 2 PM

Interviews: Week of June 29th, 2026 (if needed)

Town Council July 14, 2026

Waxhaw may modify the RFQ prior to the date fixed for submission of proposals by the issuance of an addendum.

Should a Vendor find discrepancies or omissions in this RFQ or any other documents provided by Waxhaw, the Vendor should immediately notify the Town of such potential discrepancy in writing via email as noted above.

Any addenda to these documents shall be issued in writing. No oral statements, explanations, or commitments by anyone shall be of effect unless incorporated in the written addenda. Receipt of Addenda shall be acknowledged by the Vendor on Appendix B – Addendum and Anti-Collusion form.

2.4 Evaluation Criteria and Process

The SOQ will be evaluated based on the Vendor’s qualifications related to the specific services to be provided. This section provides a description of the evaluation criteria that will be used to evaluate the SOQ. To be deemed responsive, it is important for the Vendor to provide appropriate detail to demonstrate satisfaction of each criterion and compliance with the performance provisions outlined in this RFQ. The Vendor’s Statement of Qualifications (SOQ) will be the primary source of information used in the evaluation process.

Qualifications must contain information specifically related to the proposed services requested herein. Failure of any Vendor to submit information requested may result in the elimination of the SOQ from further evaluation.

• More than one proposal from an individual, Vendor, partnership, corporation or association under the same or different names, will not be considered.

• Vendors will not be considered unless the following minimum qualifications are met:

• Vendor must be properly registered with the Office of the Secretary of

State of North Carolina (as applicable) Qualifications will be assessed to determine the most qualified vendor to provide the services outlined in this RFQ based on, but not limited to, the criteria below.

Proposed Project Team and Organization 20 points

Proposed Project Staff Experience and Availability 20 points

Project Approach 20 points

Team’s Comparable Project Experience 25 points

References 10 points

Vendor Fee Schedule 5 points

DBE Program Goal Y/N

Acceptance of Terms of Contract/Exceptions Y/N

Required Forms Y/N

The Town will perform technical evaluations of each SOQ and make selection recommendations based on the evaluation criteria provided above. Evaluations will focus on identifying the relative strengths, weaknesses, deficiencies, and risks associated with each SOQ.

Interviews are not anticipated but may be held at the discretion of the evaluation team. The Town reserves the right to obtain clarification or additional information from any vendor regarding its SOQ.

After identification of Short-Listed Vendors, the Town may or may not decide to invite Short-Listed Vendors to demonstrations/ interviews. If interviews are scheduled with the Short-Listed Vendors, previous evaluation and rankings are not carried forward.

For the purpose of selecting a Preferred Vendor, the evaluation criteria will be given the following relative weights:

Interview Criteria Weights Proposed Approach, Qualifications and Staff 65%

Quality and Relevance of Interview as it Relates to the Scope of the RFQ

35%

Additional meetings may be held to clarify issues or to address comments, as deemed appropriate. Proposers will be notified in advance of the time and format of such meetings.

The Town reserves the sole right to select the most qualified vendor(s) on the basis of best overall SOQ (s) that is most advantageous to the Town. Vendors that submit SOQs will be notified of the selection results. Final approval of any selected vendor is subject to the approval of Town Board and/or Town officials.

2.5 SOQ Format

The Town desires all responses to be identical in the format listed below.

Proposals should be prepared as simply as possible and provide a straightforward, concise description of the proposer’s capabilities to satisfy the requirements of the RFQ.

The SOQ package should consist of a cover letter, responses to the specific inquiries in Section 2.2 below, and a set of completed forms, as required. Interested Vendors must submit these materials in PDF format.

SOQs are limited to a maximum of 20 numbered pages. Type size should be no smaller than 11 points for narrative sections, but may be reduced for captions, footnotes, etc., while maintaining legibility.

Required forms, resumes, covers, sub-tabs and dividers do not count toward the page limit. Non-conforming submissions may be removed from consideration at the sole discretion of the Town.

2.6 SOQ Content

SOQ packages should be arranged as follows:

2.6.1 Cover Letter: General Information

A. Describe your interest in this Project and the unique advantage your vendor and team brings.

B. Other than routine inspections the Town’s structural design or review needs will be random and potentially under urgent timelines. How do you align your current staff capacity with project management processes to ensure that unexpected assignments are addressed to meet the needs of the town?

C. State any conflicts of interest your vendor or any key team member may have with this Project.

D. Identify and describe and pending claims, disputes, and/or litigation and any that occurred within the past five (5) years involving your vendor or any of your proposed sub vendors. With respect to resolved matters, describe the outcome.

E. Provide a description of the company that will enter into the contract(s) with the Town including: origin, background, current size, financial capacity, available resources, general organization, and company headquarters. Identify the name and title of the person authorized to enter into the contract(s) with the Town.

2.6.2 Project Team and Organization – 20 points

A. Provide an Organization Chart of all key team members who will be directly involved with providing services, including and subcontractor if used, to be assigned specifically to the project. Identify the Project Manager who will be empowered to make decisions for and act on behalf of the vendor. Identify any members of the team that are certified as a minority, woman or small business vendor.

B. Discuss your vendor’s/team’s qualifications and previous experience on similar or related projects.

C. Describe any previous collaborations(s) between key members, the responsibilities of each team member during these collaborations, and the project(s) outcome. Cite any significant achievements reached as a result of this collaboration. Discuss the successes if the team collaboration and any problems encountered and methods used to mitigate issues.

D. Resumes may be submitted for each proposed key team member.

Resumes should not exceed one page each and will not be counted towards the page limit.

E. Work will be performed under the direct supervision of a licensed Professional Engineer. Inspection teams will be led by an Inspection Team Leader who meets State and Federal requirements.

F. “Team” refers to the prime vendor and all sub vendors

2.6.3 Project Staff Experience and Availability – 20 points

A. Describe a specific project or example that illustrate your team availability and responsiveness.

B. Discuss the availability of key team members by providing a list of current projects/work for each key team member.

a. Subcontractors to be utilized in the performance of this service must be clearly identified. Provide the following:

i. Name of the subcontractor;

ii. Reason for subcontracting;

iii. Proposed subcontractor responsibilities.

2.6.4 Project Approach – 20 points

A. Discuss the Vendor’s understanding of the Project objectives and describe the proposed project approach to delivering the services in an effective, timely and professional manner. Describe any methods the vendor intends to use to reduce project costs. Outline the project plans, structure and services to be provided and how and when these services shall be provided. The description should fully demonstrate the proposer’s intended methods for servicing the requirements of all aspects of the Project set forth herein.

B. Describe any support needed from Town Staff to execute the Services.

C. Describe the vendor’s Project Management and Quality Control procedures, processes for performance and past involvement in projects of similar nature to those anticipated as a result of this solicitation.

D. Discuss the vendor’s processes and procedures for meeting schedules and budgets.

2.6.5 Team’s Comparable Project Experience – 25 points

A. List a maximum of 5 relevant, similar projects either currently in progress or having been completed in the past 10 years containing work comparable to the specific Project, including any project with the Town as follows:

• List only projects involving the key team members or subcontractors proposed for this project

• List project in date order with newest projects listed first and include the contact name, phone, email, address, contract dollar amount and total time period involved.

• Demonstrate your vendor’s previous successes in being able to deliver similar projects on time and at or under budget.

• Discuss the methods, approach and controls used on the project in order to complete it in an effective, timely, economical and professional manner.

2.6.6 References – 10 points

A. Provide, at a minimum, three (3) comparable clients with whom your vendor has an established relationship similar to the Scope of Work outlined in this RFQ and include the following (Town should not be used):

• Company Name

• Contact Name and Title

• Address

• Phone Number

• Email Address

i. Vendor Fee Schedule

A. Provide a structured breakdown of all costs associated with the proposed project and services. Provide labor rates, software fees, and standard testing fees for soil and bridge analysis.

2.6.7 Required Forms

A. Forms provided with this RFQ shall be completed and submitted with the SOQ. Required Forms will not be counted towards the page limit.

Failure to submit required forms may be grounds for rejection of submission at the sole discretion of the Town.

Vendors must include signed copies of the following documents:

• Appendix A – Proposal Submission (signed)

• Appendix B – Addenda Receipt and Anti-Collusion (signed)

3 REPRESENTATIONS, CONDITIONS, AND OTHER REQUIREMENTS

3.1 Communications

All communication of any nature with respect to this RFQ shall be addressed to the Contracts Administrator identified in this RFQ. Vendors and their staff are prohibited from communicating with elected Town officials, Town staff and any evaluation committee member regarding this RFQ or SOQ from the time the RFQ is released until the selection results are publicly announced. These restrictions include “thank you” letters, phone calls, emails, and any contact that results in the direct or indirect discussion of this RFQ and/or the SOQ submitted by the vendor/team. Violation of this provision may lead to disqualification of the vendor’s SOQ for consideration.

3.2 Duties and Obligations of Vendors in the RFQ Process

Interested vendors are expected to fully inform themselves as to all conditions, requirements and specifications of this RFQ before submitting a proposal.

Vendors must perform their own evaluation and due diligence verification of all information and data provided by the Town.

The Town makes no representations or warranties regarding any information or data provided by the Town. Vendors are expected to promptly notify the Town in writing to report any ambiguity, inconsistency or error in this RFQ. Failure to notify the Town accordingly will constitute a waiver of claim of ambiguity, inconsistency or error.

3.3 Addenda

In order to clarify or modify any part of this RFQ, addenda may be issued and posted at the Duncan Parnell Bid Room. Any requests for additional information or clarifications should be submitted to Orion Holtey by the “Deadline for Questions” stated in Section 1.3 – RFQ Schedule of Events.

3.4 No Collusion, Bribery, Lobbying or Conflict of Interest

By responding to this RFQ, the vendor shall be deemed to have represented and warranted that its SOQ submittal is not made in connection with any competing vendor submitting a separate response to this RFQ and is in all respects fair and without collusion or fraud. Furthermore, the vendor certifies that neither it nor its affiliates or sub vendors, nor any employees of any of the foregoing has bribed, or attempted to bribe, an officer or employee of the Town in connection with this

RFQ.

3.5 Public Records

Upon receipt by the Town, each SOQ becomes the property of the Town and is considered a public record except for material that qualifies as “Trade Secret” information under North Carolina General Statute 66-152 et seq. To properly designate material as a trade secret under these circumstances, each vendor must take the following precautions: (a) any trade secrets submitted by the vendor must specifically and clearly be identified by separating them from the rest of the Proposal and marked as “Trade Secret – Confidential and Proprietary Information – Do Not Disclose Except for the Purpose of Evaluating this SOQ” on each page of the trade secret and (b) the document(s) containing the trade secret designations must be uploaded separately in the Duncan Parnell Bid Room.

In submitting an SOQ, each vendor agrees that the Town may reveal any trade secret materials contained in such response to all Town staff and Town officials involved in the evaluation process and to any outside vendor or other third parties who serve on the evaluation committee or who are hired by the Town to assist in the evaluation process. Furthermore, each vendor agrees to indemnify and hold harmless the Town 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 vendor has designated as a trade secret. Any vendor that designates its entire SOQ as a trade secret may be disqualified from consideration.

To the extent consistent with public records law, Waxhaw will make reasonable efforts to maintain the confidential nature of trade secrets, as determined by Waxhaw and subject to the conditions set forth herein.

Vendor understands and agrees by submitting a response to this solicitation, that if a request is made to review or produce a copy of any information in the Vendor’s materials which was properly labeled by the Vendor as a trade secret, Waxhaw will notify the Vendor of the request and the date that such materials will be released to the requestor unless the Vendor obtains a court order enjoining that disclosure. If the Vendor fails to obtain the court order enjoining disclosure prior to that date, Vendor understands and agrees that Waxhaw will release the requested information to the requestor on that date.

Furthermore, the Vendor also agrees to indemnify and hold harmless Waxhaw and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material that has been designated as a trade secret by Vendor.

3.6 Cost of SOQ Preparation

The Town shall not be liable for any expenses incurred by any vendor responding to this RFQ. Vendors submitting a SOQ in response to this RFQ agree that the materials and submittals are prepared at the vendor’s own expense with the express understanding that the vendor cannot make any claims whatsoever for reimbursement from the Town for the costs and expense associated with preparing and submitting a SOQ. Each vendor shall hold the Town harmless and free from any and all liability, costs, claims, or expenses incurred by, or on behalf of, any person or vendor responding to this RFQ.

3.7 Advertising

In submitting a SOQ, the vendor agrees not to use the results therefrom as part of any commercial advertising without prior written approval of the Town of Waxhaw.

3.8 Vendor Registration with Town of Waxhaw

The selected vendor and subcontractors must be registered in the Town’s Vendor Registration System in order to receive payment for services and/or supplies provided under any Town contract.

3.9 Registration with Secretary of State for North Carolina

Any vendor wishing to be considered for the Services must be properly registered with the Office of the Secretary of State and with either the North Carolina Board of Registration for Professional Engineers and Land Surveyors or the North Carolina Board of Architecture, as applicable, at the time of submission of the SOQ. The vendor(s) 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 person in responsible charge of the work must be a registered professional in the State of North Carolina and must have good ethical and professional standing.

Any vendor proposing to use corporate subsidiaries or subcontractors must include a statement that these companies are properly registered with the NC Board of Registration for Professional Engineers and Land Surveyors or North Carolina Board of Architecture, as applicable. It will be the responsibility of the prime vendor 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).

3.10 Financial Capital; Insurance Requirements

The selected vendor must have the financial capacity to undertake the work and assume associated liability.

3.11 Ownership of Work Products

The Town 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 vendor pursuant to any contract under this RFQ (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 Town’s name and shall be the sole and exclusive property of the Town, whether or not the work contemplated therein is performed. The Town will grant the vendor a royalty-free, non-exclusive license to use and copy the Intellectual Property to the extent necessary to perform the contract.

3.12 Town Rights and Reservations

The Town reserves the right to modify any part of this RFQ as issued with an addendum. The Town, at its sole discretion, reserves the right 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 Town. The Town reserves the right to waive technicalities and informalities. A response to this RFQ shall not be construed as a contract, nor indicate a commitment of any kind.

The Town also reserves the right to make multiple awards, based on experience and qualifications if it is deemed in the Town’s best interest.

3.13 Contract

The contents of this RFQ and all provisions of the successful SOQ deemed responsive by the Town 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 Town‘s perspective as a result of the RFQ process and SOQ(s) received. The final negotiated contract may include the scope of work as outlined in this RFQ along with the successful vendor’s submittal and any additions or deletions made at the discretion of the Town as a result of the RFQ process.

3.14 Familiarity and Compliance with Laws and Ordinances

The vendor shall make itself aware of and comply with and shall cause each of its subcontractors to comply with all applicable federal, state, and local laws and regulations, including obtaining all required permits and licenses.

3.15 Insurance Requirements

The company selected under this RFQ will be required, during the life of the contract with the Town, to purchase and maintain the insurance requirements listed in Appendix D – Template Contract, Exhibit A – Insurance Requirements.

3.16 North Carolina Prohibition on Contracts with Companies that

Invest in Iran or Boycott Israel

The Vendor 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 vendor 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 vendor further agrees, as an independent obligation, separate and apart from this Contract, to reimburse the Town for any and all damages, costs and attorneys’ fees incurred by the Town in connection with any claim that this Contract or any part thereof is void due to vendor appearing on the Treasurer’s IDA List or the Treasurer’s IB List at any time before or during the term of this Contract.

4 GENERAL CONDITIONS AND REQUIREMENTS

4.1 TERMS AND CONDITIONS

Waxhaw has the right to reject any or all proposals, to engage in further negotiations with any Company by submitting a proposal, and/or to request additional information or clarification. The Town may accept that proposal that best serves its needs, as determined by Town officials in their sole discretion.

All payroll taxes, liability and worker’s compensation are the sole responsibility of the Vendor. The Vendor understands that an employer/employee relationship does not exist under this contract.

All proposals submitted in response to this request shall become the property of Waxhaw and as such may be subject to public review.

4.2 CONTRACTUAL OBLIGATIONS

The contents of this Proposal and the commitments set forth in the selected Proposal(s) shall be considered contractual obligations, if a contract ensues.

Failure to accept these obligations may result in cancellation of the award.

All legally required terms and conditions shall be incorporated into final contract agreements with the selected Service Provider(s).

4.3 SUB-CONTRACTOR/PARTNER DISCLOSURE

If the proposal by any Company requires the use of sub-contractors, partners, and/or third-party products or services, this must be clearly stated in the proposal. The team submitting the proposal shall remain solely responsible for the performance of all work, including work that is done by sub-contractors.

4.4 EXCEPTION TO THE PROPOSAL

An “exception” is defined as the Service Provider’s inability or unwillingness to meet a term, condition, specification, or requirement in the manner specified in the Proposal. All exceptions taken must be identified and explained in writing in the proposal and must specifically reference the relevant section(s) of this Proposal. Other than exceptions that are stated in compliance with this Section, each proposal shall be deemed to agree to comply with all terms, conditions, specifications, and requirements of this Proposal. If the Service Provider provides an alternate solution when taking an exception to a requirement, the benefits of this alternate solution and impact, if any, on any part of the remainder of the Service Provider’s solution, must be described in detail.

4.5 MODIFICATION OR WITHDRAWAL OF PROPOSAL

Prior to the scheduled closing time for receiving proposals, any Vendor may withdraw their proposal. After the scheduled closing time for receiving proposals, no proposal may be withdrawn for 120 days. Only written requests for the modification or correction of a previously submitted proposal that are addressed in the same manner as proposals and are received by the Town prior to the closing time for receiving proposals will be accepted. The proposal will be corrected in accordance with such written requests, provided that any such written request is in a sealed envelope that is plainly marked “Modification of Proposal” – with solicitation number and name on the front of the envelope. Oral, telephone, or fax modifications or corrections will not be recognized or considered.

4.6 EQUAL EMPLOYMENT OPPORTUNITY

All Vendors will be required to follow Federal Equal Employment Opportunity (EEO) policies. Waxhaw will affirmatively assure that on any project constructed pursuant to this advertisement, equal employment opportunity will be offered to all persons without regard to race, color, creed, religion, national origin, sex, and marital status, status with regard to public assistance, membership or activity in a local commission, disability, sexual orientation, or age.

4.7 MINORITY BUSINESSES (MBE) OR DISADVANTAGED BUSINESSES

(DBE)

It is the policy of Waxhaw that Minority Businesses (MBEs), Disadvantaged Business Enterprises (DBEs) and other small businesses shall have the opportunity to compete fairly in contracts financed in whole or in part with public funds. Consistent with this policy, Waxhaw will not allow any person or business to be excluded from participation in, denied the benefits of, or otherwise be discriminated against in connection with the award and performance of any contract because of sex, race, religion, or national origin.

4.8 LICENSES

The successful Vendor(s) shall have and maintain a valid and appropriate business license (if applicable), meet all local, state, and federal codes, and have current all required local, state, and federal licenses.

4.9 E-VERIFY

E-Verify is the federal 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. Vendor shall ensure that Vendor and any Sub-Contractor performing work under this contract: (i) uses E-Verify if required to do so; and (ii) otherwise complies with applicable law.

4.10 DRUG-FREE WORKPLACE

During the performance of this Request, the Vendor agrees to provide a drug-free workplace for their employees; post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition; and state in all solicitations or advertisements for employees placed by or on behalf of the Vendor that the Vendor maintains a drug-free workplace.

For the purposes of this section, “drug-free workplace” means a site for the performance of work done in connection with a specific contract awarded to a Vendor/Vendors in accordance with this chapter, the employees of whom are prohibited from engaging in the unlawful manufacture, sale, distribution, dispensation, possession or use of any controlled substance or marijuana during the performance of the Request.

4.11 INDEMNIFICATION

Vendor agrees to protect, defend, indemnify and hold Waxhaw, its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind in connection with or arising out of this agreement and/or the performance hereof that are due, in whole or in part, to the negligence of the Vendor, its officers, employees, subcontractors or agents. Vendor or further agrees to investigate, handle, respond to, provide defense for, and defend the same at its sole expense and agrees to bear all other costs and expenses related thereto.

5 APPENDIX A – PROPOSAL SUBMISSION

Biennial Bridge and Structures Inspections and Design

SUBMIT WITH PROPOSAL

This Proposal is submitted by:

It is understood that the Town of Waxhaw reserves the right to reject any and all proposals, to make awards according to the best interest of the Town, to waive formalities, technicalities, to recover and re-advertise this project. Proposal is valid for 120 days. Proposal is submitted by an executive of the company that has authority to contract with Waxhaw, NC.

Company Legal Name:

Representative Name:

Representative Signature:

Representative Title:

Address:

County/State/Zip:

Email Address:

Phone Number:

Name:

Title:

Signature:

Date:

6 APPENDIX B – ADDENDUM AND ANTI-COLLUSION

RFQ No. 2026-002 - Biennial Bridge and Structures Inspections and Design

SUBMIT WITH PROPOSAL

Please acknowledge receipt of all addenda by including this form with your Proposal. Any questions or changes received will be posted as an addendum on www.waxhaw.com and/or Duncan Parnell. It is your responsibility to check for this information.

Addendum No. Date Downloaded

I certify that this proposal is made in good faith and without collusion with any other Vendor or officer or employee of the Town of Waxhaw.

Company Name:

Name:

Title:

Email Address:

Signature:

7 APPENDIX C – SAMPLE EFT AUTHORIZATION FORM

Informational Purposes Only - Do not submit with proposal.

Intentionally Left Blank

Town of Waxhaw, NC | 4218 Waxhaw-Marvin Rd, Waxhaw, NC 28173 | 704.843.2195 | waxhaw.com

Re: Electronic Funds Transfer

Dear Valued Supplier, The Town of Waxhaw is implementing an Electronic Funds Transfer (EFT) payment process.

To participate in having your payments sent by ACH, please complete this form by mail or email to:

Town of Waxhaw

Attn: Accounts Payable

PO Box 6

Email: ap@waxhaw.com

The following bank information applies to:

Vendor Name: _____________________________________________________

Mailing

Address: __________________________________________________________

Town: ____________________ State: ____ Zip: _________

Bank Account Information: I hereby authorize the Town of Waxhaw to initiate deposits to the account described below:

BANK INFORMATION

Account Type: _____ Checking

_____ Savings

Bank Name:

Address:

Town:

Routing/ABA # & Bank Account:

Remit advice to (Email Address):

Authorized Signature: Print Name/Title:

Date: ____________________

8 APPENDIX D – TEMPLATE CONTRACT

Informational Purposes Only - Do not submit with proposal.

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Town of Waxhaw, NC | 4218 Waxhaw-Marvin Rd, Waxhaw, NC 28173 | 704.843.2195 | waxhaw.com

STATE OF NORTH CAROLINA

COUNTY OF UNION,

TOWN OF WAXHAW

AGREEMENT

THIS AGREEMENT is made and entered into as of , by and between TOWN of WAXHAW a political subdivision of the State of North Carolina, whose address is 4218 Waxhaw-Marvin Rd., hereinafter “Waxhaw,” and [Contractor’s full legal name], a [type of business (corporation, limited liability company, etc.) and state where incorporated], whose address is , hereinafter “Contractor.”

W I T N E S S E T H

WHEREAS Waxhaw desires that Contractor perform certain [briefly describe services here] services; and

WHEREAS Contractor is willing to perform such services as described in this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements hereinafter set forth, the parties hereto draw up each contract and agree with the other as follows:

1. SERVICES PERFORMED. Contractor agrees to perform the services as set forth in the attached Scope of Work [or, if the full RFQ is to be attached as the scope of work, state the RFQ number and full RFQ title], which is incorporated herein by reference (hereinafter the “Services”), in accordance with the terms of this Agreement.

2. FEE AND PAYMENT SCHEDULE. Waxhaw shall pay Contractor [insert payment amount or rate] for performance of the Services. Contractor shall invoice Waxhaw on a monthly basis for Services performed, or upon such other schedule as may be agreed upon by the parties.

Payment is due within thirty (30) days of receipt of an accurate invoice by Waxhaw’s Finance Department. All payments shall be conditioned upon appropriation by the Waxhaw Board of Commissioners of sufficient funds for each request for services.

3. TERM AND TERMINATION. The Effective Date is the date of mutual execution of this Agreement. This Agreement shall have a term of [insert agreement time length] (the “Initial Term”). [The following sentence to be used only if renewals might be needed or desired, and then only if the RFQ lists the possible number of renewals. If the contract is just for a single term, this sentence may be deleted.] Upon completion of the Initial Term, Waxhaw may, in its sole discretion, elect to renew this Agreement for up to ____ [number of possible additional terms, as stated in the RFQ] additional ____[number of years in each renewal term]-year terms, each a “Renewal Term,” upon written notice to the Contractor. Waxhaw may terminate this Agreement at any time, without cause, upon provision of ten (10) days’ written notice to Contractor. In the event of termination without cause, Contractor shall be paid for services performed to the date of notification of termination by Waxhaw.

4. OWNERSHIP OF DOCUMENTS. All deliverables and any other contract documents prepared by Contractor, or any subcontractors or sub vendors under the terms of this Agreement (“the Documents”), shall be the property of Waxhaw. Contractor further acknowledges that Waxhaw is subject to Chapter 132 of the North Carolina General Statutes, the Public Records Act (the “Act”), and that this Agreement, as well as any of the Documents as defined herein, shall be a public record as defined in such Act, and as such, will be open to public disclosure and copying.

5. INSURANCE. The attached Exhibit A, Insurance Requirements, is incorporated herein by reference.

6. INDEMNIFICATION. Contractor agrees to protect, defend, indemnify and hold Waxhaw, its officers, employees and agents free and harmless from and against any and all losses, penalties, damages, settlements, costs, charges, professional fees or other expenses or liabilities of every kind and character arising out of or relating to any and all claims, liens, demands, obligations, actions, proceedings, or causes of action of every kind in connection with or arising out of this Agreement and/or the performance hereof that are due, in whole or in part, to the negligence of Contractor, its officers, employees, subcontractors or agents. Contractor further agrees to investigate, handle, respond to, provide defense for, and defend the same at its sole expense and agrees to bear all other costs and expenses related thereto.

7. DECLARATION BY CONTRACTOR. Contractor declares that Contractor has complied with all federal, state and local laws regarding business permits, certificates, and licenses that may be required to carry out the work to be performed under this Agreement.

8. FEDERAL, STATE, AND LOCAL TAXES. Neither federal, state, nor local income tax nor payroll tax of any kind shall be withheld or paid by Waxhaw on behalf of Contractor or the employees of Contractor. Contractor shall not be treated as an employee with respect to the services performed hereunder for federal or state tax purposes.

9. NOTICE TO CONTRACTOR REGARDING ITS TAX DUTIES AND

LIABILITIES. Contractor understands that Contractor is responsible to pay, according to law, Contractor’s income tax. If Contractor is not a corporation, Contractor further understands that Contractor may be liable for self-employment (social security) tax, to be paid by Contractor according to law.

10. FRINGE BENEFITS. Because Contractor is engaged in Contractor’s own independently established business, Contractor is not eligible for, and shall not participate in, any employee pension, health or other fringe benefit plan of Waxhaw.

11. WAXHAW NOT RESPONSIBLE FOR WORKERS’ COMPENSATION. No workers’ compensation insurance shall be obtained by Waxhaw concerning Contractor or the employees of Contractor. Contractor shall comply with the workers’ compensation law concerning Contractor and the employees of Contractor.

12. NO AUTHORITY TO BIND WAXHAW. Contractor has no authority to enter into contracts or agreements on behalf of Waxhaw. This Agreement does not create a partnership or any form of agency between the parties.

13. ASSIGNMENT. Neither Waxhaw nor Contractor shall assign, sublet or transfer any rights under or interest in this Agreement (including, but without limitation, monies that may become due or monies that are due) without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to assignment, no assignment shall release or discharge the assignor from any duty or responsibility under this Agreement.

14. NON-WAIVER. The failure of either party to exercise any of its rights under this agreement for a breach thereof shall not be deemed to be a waiver of such rights or a waiver of any subsequent breach.

15. HOW NOTICES SHALL BE GIVEN. Any notice given in connection with this agreement shall be given in writing and shall be delivered either by hand to the party or by certified mail, return receipt requested, to the party at the party’s address stated herein. Any party may change its address stated herein by giving notice of the change in accordance with this paragraph.

16. APPLICABLE LAW AND JURISDICTION. This Agreement shall be construed and enforced in accordance with the laws of the State of North Carolina. The parties to this Agreement confer exclusive jurisdiction of all disputes arising hereunder upon the General Courts of Justice of Union County, North Carolina.

17. COMPLETE AGREEMENT. This Agreement contains the complete agreement of the parties regarding the terms and conditions of the Agreement, and there are no oral or written conditions, terms, warranties, understandings or other agreements pertaining thereto which have not been incorporated herein. This Agreement may be modified only by written instrument duly executed by both parties, or their respective successors in interest.

18. SEVERABILITY. The provisions hereof are severable, and should any provision be determined to be invalid, unlawful or otherwise null and void by any court of competent jurisdiction, the other provisions shall remain in full force and effect and shall not thereby be affected unless such ruling shall make further performance hereunder impossible or impose an unconscionable burden upon one of the parties.

19. AUTHORITY. Each party warrants that it has the corporate or other organizational power and authority to execute, deliver and perform this Agreement. Each party further warrants that the execution, delivery and performance by it of the Agreement has been duly authorized and approved by all requisite action of the party’s management and appropriate governing body.

20. E-VERIFY. E-Verify is the federal 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. Contractor shall ensure that Contractor and any subcontractor performing work under this Agreement: (i) uses E-Verify if required to do so by North Carolina law; and (ii) otherwise complies with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. A breach of this provision by Contractor will be considered a breach of this Agreement, which entitles Waxhaw to terminate this Agreement, without penalty, upon notice to Contractor.

[Signatures follow on the next page.]

IN WITNESS WHEREOF, the parties hereto, acting under authority of their respective governing bodies, have hereunto set their hands and seals, and have caused this Agreement to be duly executed, this the day and year first above written.

TOWN OF WAXHAW

By: (SEAL)

Scott Dadson, Town Manager

[CONTRACTOR’S FULL LEGAL NAME]

By: (SEAL)

Approved as to Legal Form

This instrument has been preaudited in the manner required by The Local Government Budget and Fiscal Control Act.

Finance Officer

Exhibit A Insurance Requirements

I. BASIC INSURANCE REQUIREMENTS. At Contractor’s sole expense, Contractor shall procure and maintain the following minimum insurances with insurers authorized to do business in North Carolina and rated A-VII or better by A.M. Best, or as otherwise authorized by the Town of Waxhaw.

A. WORKERS’ COMPENSATION

Statutory (coverage for three or more employees) limits covering all employees, including Employer’s Liability with limits of:

$2,000,000 Each Accident $2,000,000 Disease - Each Employee $2,000,000 Disease - Policy Limit

B. COMMERCIAL GENERAL LIABILITY

Covering all operations involved in this Agreement.

$5,000,000 General Aggregate $5,000,000 Products/Completed Operations Aggregate $5,000,000 Each Occurrence $5,000,000 Personal and Advertising Injury Limit

C. COMMERCIAL AUTOMOBILE LIABILITY

$5,000,000 Combined Single Limit - Any Auto

D. PROFESSIONAL LIABILITY

$5,000,000 Claims Made

Contractor shall provide evidence of continuation or renewal of Professional Liability Insurance for a period of two (2) years following termination of the Agreement.

ADDITIONAL INSURANCE REQUIREMENTS.

E. The Contractor’s General Liability policy shall be endorsed, specifically or generally, to include the following as Additional Insured:

THE TOWN OF WAXHAW, ITS OFFICERS, AGENTS AND

EMPLOYEES ARE INCLUDED AS ADDITIONAL INSURED WITH

RESPECT TO THE GENERAL LIABILITY INSURANCE POLICY.

F. Before commencement of any work or event, Contractor shall provide a Certificate of Insurance in satisfactory form as evidence of the insurances required above.

G. Contractor shall have no right of recovery or subrogation against the Town of

Waxhaw (including its officers, agents and employees).

H. It is the intention of the parties that the insurance policies afforded by Contractor shall protect both parties and be primary and non-contributory coverage for any and all losses covered by the above-described insurance.

I. Waxhaw shall have no liability with respect to Contractor’s personal property whether insured or not insured. Any deductible or self-insured retention is the sole responsibility of Contractor.

J. Notwithstanding the notification requirements of the Insurer, Contractor hereby agrees to notify Town of Waxhaw at 4218 Waxhaw-Marvin Rd. Waxhaw, NC 28173, within two (2) days of the cancellation or substantive change of any insurance policy set out herein. Waxhaw, in its sole discretion, may deem failure to provide such notice as a breach of this Agreement.

K. The Certificate of Insurance should note in the Description of Operations the following:

• Department: ________________

• Contact #: ________________

L. Insurance procured by Contractor shall not reduce nor limit Contractor’s contractual obligation to indemnify, save harmless and defend Waxhaw for claims made or suits brought which result from or are in connection with the performance of this Agreement.

M. Certificate Holder shall be listed as follows:

The Town of Waxhaw 4218 Waxhaw-Marvin Rd.

N. If Contractor is authorized to assign or subcontract any of its rights or duties hereunder and in fact does so, Contractor shall ensure that the assignee or subcontractor satisfies all requirements of this Agreement, including, but not limited to, maintenance of the required insurances coverage and provision of certificate(s) of insurance and additional insured endorsement(s), in proper form prior to commencement of services.