Engineering Services for the WTP Rehab and Upgrades Program Coordination Services.pdf

FY27-RFQ-04 Page 1 of 14 WTP Rehab and Upgrades Program Coordination Services

REQUEST FOR QUALIFICATIONS

FOR

PROFESSIONAL ENGINEERING SERVICES

FOR THE

WATER TREATMENT PLANT REHAB AND UPGRADES PROGRAM

COORDINATION SERVICES

FY26-RFQ-04

CITY OF CHARLOTTE, NORTH CAROLINA

SEPTEMBER 2026

FY27-RFQ-04 Page 2 of 14

REQUEST FOR QUALIFICATIONS

FOR

PROFESSIONAL ENGINEERING SERVICES FOR THE

WTP REHAB AND UPGRADES PROGRAM COORDINATION SERVICES

September 25, 2026

Charlotte Water is requesting proposals from qualified companies interested in providing Professional Engineering Services for the WTP Rehab and Upgrades Program Coordination Services 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, Adrianne Lewis Procurement Officer Adrianne.lewis@charlottenc.gov

FY27-RFQ-04 Page 3 of 14

REQUEST FOR QUALIFICATIONS

FOR

PROFESSIONAL ENGINEERING SERVICES FOR THE

WTP REHAB AND UPGRADES PROGRAM COORDINATION SERVICES

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 WTP Rehab and Upgrades Program Coordination Services (Project). The purpose of this document is to solicit qualifications of engineering firms (Firm) interested in providing program management professional services to support the WTP Rehab and Upgrades program.

BACKGROUND

CLTWater owns, operates, and maintains three conventional water treatment plants, Franklin WTP, Vest WTP, and Lee S. Dukes (Dukes) WTP, along with one remote raw water pumping station, Catawba Raw Water Pumping Station (CRPS). These four facilities serve approximately 1,206,285 customers throughout Mecklenburg County.

To keep up with maintenance and rehabilitation needs at these water treatment facilities, the WTP Rehab and Upgrades program was started. This evergreen capital program is managed by the Rehabilitation and Operations Support Group (ROSG) within the Engineering Division of CLTWater. Subprojects are typically small in scope (total project costs <$6 million) and immediate in terms of need. Scopes of work covered under the subprojects in this program can range from feasibility studies, design and construction of water facility rehabilitation or other improvements, troubleshooting hydraulic issues, procurement of commodities to be installed in-house, or on-call maintenance services completed by vendors.

Recently, CLTWater has increased its investment in the WTP Rehab and Upgrades program to keep up with rehabilitation and maintenance needs at the aging water treatment facilities.

Working on smaller projects or upgrades has also helped CLTWater incorporate needed improvements without having to wait for large capital projects or programs. As a result of this increased funding, CLTWater has found supplemental program coordination services are needed to keep up with the available program budget and identified projects.

SCOPE

CLTWater has the need for a Firm to assist with coordination of the WTP Rehab and Upgrades program related to the previously stated infrastructure. It is anticipated that the selected Firm will provide a team of no more than five staff members available to support the WTP Rehab and Upgrades program with varied experience. This work will require consistent collaboration and communication with the WTP Rehab and Upgrades Program Manager. The Firm should have the ability to provide program coordination services and arrive on-site at project meetings within two (2) hours of receiving notice; therefore, it is essential that selected Program Management staff will be located within two (2) hours of CLTWater’s Engineering Administration Office (5100 Brookshire Blvd, Charlotte, NC 28216).

Work completed under this contract will be assigned on a Task Order basis, and the work invoiced for each Task Order shall be in accordance with the hourly rates included in the Contract. The rates may be adjusted once annually, in January of each year. A detailed Scope of Services will be negotiated with each Task Order between CLTWater and the Firm. Task

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Orders will be negotiated individually on a “Not to Exceed” basis. In addition, there is no guarantee that the full contract amount will be fully expended or utilized at all.

The following is a general description of the tasks required for Program Coordination Services.

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

Services are anticipated to include, but are not limited to, the following:

• Program Planning/Forecasting: Review annual budget and program/subproject cashflows to confirm feasibility with available capital funds. Develop and update subproject schedules, budgets, and cashflows as work progresses. Maintain and monitor overall program cashflows. Report these updates in Trimble Unity Connect (TUC) software, along with informing ROSG and Water Treatment (WT) staff. Review prioritization framework and identified needs from WT to provide overall recommendations for program execution. Attend and actively participate in program update meetings.

• Supplemental Project Management: Provide the resources and expertise to assist with project management on behalf of CLTWater. Roles for the supplemental project manager will be designated and delegated by the WTP Rehab and Upgrades Program Manager. Specific tasks will be determined upon project assignment and will result in managing the design and/or construction of projects as an extension of ROSG.

• Procurement: Provide feedback to execute work through existing and/or proposed contracts. Assist Owner with reviewing proposals for equipment or services.

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 September 25, 2026 Last Day for Questions October 16, 2026 at 10:00 a.m.

SOQ Packages Due October 28, 2026 at 10:00 a.m.

Selection Notification December 2026

STATEMENT OF QUALIFICATION PREPARATION

SOQ Submission Companies wanting to be considered for 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.

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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.

SOQs 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. No more than five (5) team members should be included on the organizational chart. A minimum of one Project Manager and one back-up Project Manager shall be provided. Other roles on the team could include Project Director / Principal-in-Charge, Senior Engineer, and/or Engineer.

All staff on the organizational chart must be licensed Professional Engineers with a minimum of eight (8) years of experience. 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 Small Business Enterprise (SBE) by the City of Charlotte. For SBE certified subconsultants, please complete the CBI Participation form.

4. Provide bios for the team members listed on the organizational chart. The continuity of the selected Firm’s key personnel throughout this project is vital to the success of this project. To that end, the individuals proposed for this project must be able to guarantee their commitment to this project. Background information for all team members should include:

i. Name of personnel

ii. Current title

iii. Certifications/Licenses

iv. Relevant Academic Degree(s)

v. Proposed Role/Function for Projects under this Contract

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vi. Office Location

vii. Number of Years of Total Experience

viii. Number of Years with Current Firm

ix. If the staff member is employed by a subconsultant rather than the proposing firm, please note the Company.

Section Two: Experience

1. Provide three (3) project examples completed within the past five (5) years by your company that were similar to this program management. Preference will be given to proposers who provide examples of consulting on rehabilitation or construction programs, or multi-year program management.

Proposers may list ongoing projects; however, preference may be given to proposers providing completed projects.

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, the date of completion and the name, role, email address, and phone number of the Owner’s Representative.

List which member(s) of your proposed project team had key roles on each project, and what those roles were.

Describe specific examples of improvements implemented on these projects that helped overall project or program management.

Section Three: Approach

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

2. Provide an explanation of the project team selection along with benefits of the team organization to the program management execution.

3. Describe the Project Team’s ability to meet immediate program needs while balancing current and proposed availability.

4. Summarize why your company should be selected.

Required Forms All Forms and Questionnaires shall be found and submitted in the City’s Procurement Portal.

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;

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- Company’s approach;

- Ability of team members to be at CLTWater facilities within two hours of notice;

- 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.

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 Small Business Enterprises (SBEs) in City contracting. To accomplish this, the City has examined its procurements and set specific SBE participation goals on a contract-by-contract basis. In addition, CBI makes a concerted effort to expand its certified SBE 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 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 SBEs on City funded contracts at both the Prime and Subcontract level. For SBE participation to count towards a Goal, SBEs 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 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 small business status, and other factors. For analysis purposes, it is important that the City obtain this data for 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 SBE 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 http://www.charlottebusinessinclusion.com/ https://charlotte.diversitycompliance.com/

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CBI Form 3 attached in Exhibit 1. 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. In evaluating the company’s proposal, the City may take into account: (1) the Company’s past performance in meeting 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 mailto:frederica.love@charlottenc.gov

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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 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”).

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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 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.

http://library.municode.com/index.aspx?clientId=19970

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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 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

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(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 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 http://www.ncbels.org/rulesandlaws.html

FY27-RFQ-04 Page 13 of 14 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 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