Quiet_Zone_RFQ_final.pdf

(v.10-01-2022)

Request for Qualifications # 274-TR-2024-05

Title: City of Raleigh Railroad Quiet Zone Study

Issue Date: April 15, 2024

Due Date: May 1, 2024 not later than 4:00 PM EST

*LATE PROPOSALS WILL NOT BE ACCEPTED*

Issuing Department: Transportation

Direct all inquiries concerning this RFQ to:

Jed Niffenegger, PE Transportation Manager Email: jed.niffenegger@raleighnc.gov

2 (v.07/10/23)

Table of Contents

1. Introduction

1.1. Purpose

1.2. Background

1.3. RFQ Timeline

1.4. Pre-Submittal Conference

1.5. Questions

1.6. Submittal Requirements and Contact Information

1.7. MWBE Participation Form

1.8. Rights to Submitted Material

1.9. Communications

1.10. Lobbying

1.11. Conflicts of Interest

1.12. Proposer Expenses

1.13. Proposer Acceptance

2. Qualifications Package

2.1. Request for Qualifications Required Document Format

2.2. Hourly Rates

2.3. Qualifications Package Documents

3. Proposal Evaluation

3.1. Evaluation Criteria

3.2. Final Selection

3.3. Notice to Proposers Regarding RFQ Terms & Conditions

3.4. Contract Term…………………………………………………………..11

4. Scope of Services

Appendix I – Hourly Rate Schedule

Appendix II – Proposer Questionnaire

Appendix III – Reference Questionnaire (Instructions)

Appendix III – Reference Questionnaire Form

Appendix IV – MWBE Participation Form

Appendix V – Contract Standard Terms & Conditions

Appendix VI – Exceptions to RFQ

1 INTRODUCTION

1.1 Purpose

The City of Raleigh is seeking one or more qualified firm(s) with which to contract for the following services:

Perform an engineering study describing the steps necessary to implement railroad quiet zone/zones in the City of Raleigh. Scope of work includes providing recommendations for supplemental safety measures (SSMs) including cost, time, and feasibility with consideration of planned infrastructure projects. The quiet zones must follow the standards set forth in 49 CFR Part 222 – Use of Locomotive Horns at Public Highway-Rail Grade Crossings.

The study should evaluate two study areas for quiet zones:

1. Downtown Raleigh, which is the area enclosed by Peace Street to the North, East Street to the East, Martin Luther King Jr Boulevard to the South, and Boylan Street to the West.

2. The entire city limits of Raleigh.

The services required will include the following tasks outlined later in this document:

Task 1: City of Raleigh Coordination Task 2: Railroad and FRA Coordination Task 3: Quiet Zone Study Task 4: Quiet Zone Establishment

Note: Task 4 may or may not be pursued after the completion of task 3, at the discretion of the City of Raleigh.

A detailed scope of services is provided in Section 4 of this document.

All information related to this solicitation, including any addenda, will be posted to the North Carolina electronic Vendor Portal (eVP) at https://evp.nc.gov/.

All questions related to this solicitation must be submitted in writing (via email) to the following individual:

Contact Name Email Address Jed Niffenegger, PE jed.niffenegger@raleighnc.gov

Questions submitted via telephone will not be answered.

1.2 Background

The City of Raleigh, the Capital City of North Carolina, remains one of the fastest growing areas in the country. A great economy, top educational institutions, and exceptional health care facilities are some of the characteristics that attract people to the triangle area. The mild climate, diverse work force and proximity to Research Triangle Park combine to make Raleigh a great place to live.

https://evp.nc.gov/

Raleigh is a 21st Century City of Innovation focusing on environmental, cultural, and economic sustainability. The City conserves and protects our environmental resources through best practice and cutting-edge conservation and stewardship, land use, infrastructure and building technologies. The City welcomes growth and diversity through policies and programs that will protect and enhance Raleigh’s existing neighborhoods, natural amenities, history, and cultural and human resources for future generations. The City leads to improve quality of life for neighborhoods and standard of living for all citizens. The City works with universities, colleges, citizens, and local partners to promote new technology, create new job opportunities, and encourage local businesses and entrepreneurs. The City enlists and prepares 21st Century staff with the skill sets to carry out the duties of the City through transparent civic engagement and by providing the very best customer service to our citizens.

As Raleigh’s population has grown, so has residential development near and adjacent to railroad tracks that run through the city. Raleigh City Council has directed the Transportation Department to study the feasibility of railroad quiet zones to improve quality of life for residents who live near railroad crossings.

5 (v.07/10/23)

1.3 RFQ Timeline

Provided below is a list of the anticipated schedule of events related to this solicitation. The City of Raleigh reserves the right to modify and/or adjust the following schedule to meet the needs of the project. All times shown are Eastern Time (ET):

RFQ Process Date and time

RFQ Advertisement Date April 15, 2024.

Deadline for written questions April 22, 2024

City Response to Questions (anticipated) April 24, 2024

Submittal Due Date and Time May 1, 2024, 4:00 PM EST

Evaluation Meeting (anticipated) May 14, 2024

Interviews (if required) May 21, 2024

Selection Announcement (tentative) May 28, 2024

1.4 Pre-Submittal Conference

In the event that the City of Raleigh elects to conduct a Pre-Submittal Conference or Site Visit, attendance by prospective proposers is strongly encouraged but is not mandatory. Prospective Proposers are encouraged to submit written questions in advance.

1.5 Questions

Requests for clarification and questions to this RFQ must be received by the City not later than the date shown above in Section 1.3 RFQ Timeline, for the submittal of written inquires. The firm’s failure to request clarification and submit questions by the date in the RFQ Timeline above shall be considered to constitute the firm’s acceptance of all City’s terms and conditions and requirements.

The City shall issue addenda reflecting questions and answers to this RFQ, if any, and shall be posted to North Carolina electronic Vendor Portal (eVP). No information, instruction or advice provided orally or informally by any City personnel, whether made in response to a question or otherwise in connection with this RFQ, shall be considered authoritative or binding.

Respondents shall be entitled to rely only on written material contained in an Addendum to this

RFQ.

It is important that all Respondents submitting to this RFP periodically check eVP for any Addenda. It is the Respondents responsibility to ensure that all addenda have been reviewed and, if required signed and returned.

All questions related to this solicitation must be submitted in writing (via email) to the following individual:

Contact Name Email Address Jed Niffenegger, PE jed.niffenegger@raleighnc.gov

Questions submitted via telephone will not be answered.

1.6 Submittal Requirements and Contact Information

Submittals must follow the format as defined in Section 2 Qualifications Package and be addressed and submitted as follows:

DELIVERED BY US POSTAL SERVICE

MAIL:

DELIVERED BY OTHER DEIVERY

SERVICES:

City of Raleigh City of Raleigh

ATTN: Jed Niffenegger, PE ATTN: Jed Niffenegger, PE

222 W. Hargett Street 222 W. Hargett Street

Suite 400 Suite 400 Raleigh, NC 27601 RFQ No. 274-TR-2024-05

Raleigh, NC 27601 RFQ No. 274-TR-2024-05

Submittals must be enclosed in a sealed envelope or package and clearly marked with the name of the submitting company, the RFQ number and the RFQ Title.

Proposers must submit:

A. one (1) signed original;

B. one (1) electronic version of the signed original;

C. and (1) copies of the signed proposal.

The electronic version of the Proposal must be submitted as a viewable and printable Adobe Portable Document File (PDF) on a flash drive. Both hard copy and electronic versions must be received by the City on or before the RFQ date and time provided in Section 1.3 RFQ Timeline. Proposals received after the RFQ deadline above will not be considered and will be returned unopened to the return address provided on the submission envelope.

Any requirements in the RFQ that cannot be met must be indicated on Appendix VI: Exceptions to the RFQ and submitted with the qualifications. Proposers must respond to the entire Request for Qualifications (RFQ). Any incomplete submittal may be eliminated from competition at the discretion of the City of Raleigh. The City reserves the right to reject any or all submittals for any reason and to waive any informality it deems in its best interest.

Submittals that arrive after the due date and time will not be accepted or considered for any reason whatsoever. If the Firm elects to mail in its response, the Firm must allow sufficient time to ensure the City’s proper receipt of the package by the time specified in Section 1.3 RFQ Timeline. Regardless of the delivery method, it is the responsibility of the Firm to ensure that their response arrives at the designated location specified in this Section 1.6 by the due date and time specified in Section 1.3 RFQ Timeline.

1.7 MWBE Participation Form

The City of Raleigh prohibits discrimination in any manner against any person based on actual or perceived age, race, color, creed, national origin, sex, mental or physical disability, sexual orientation, gender identity or expression, familial or marital status, religion, economic status, or veteran status. The City maintains an affirmative policy of fostering, promoting, and conducting business with women and minority owned business enterprises.

Complete and submit the MWBE Participation Form (Appendix IV) with your qualification package.

1.8 Rights to Submitted Material

All qualification packages and supporting materials, as well as correspondences relating to this RFQ, shall become the property of the City. The content of all submittals will be held confidential until the selection of the firm is made. Qualifications will be reviewed by the Evaluation Team, as well as other City staff and members of the general public who submit public record requests. Any proprietary data must be clearly marked. In submitting qualifications, each submitting firm/company agrees that the City may reveal any trade secret materials contained in such submittal to all City staff and City officials involved in the selection process and to any outside consultant or other third party who serves on the Evaluation Team or who is hired by the City to assist in the selection process. Qualification submittals marked entirely as “confidential”, “proprietary”, or “trade secret” will be considered non-responsive and will be removed from the evaluation process.

1.9 Communications

All communications of any nature regarding this RFQ with any City staff, elected City officials, evaluation committee members are strictly forbidden from the time the solicitation is publicly posted until award. Questions must be submitted in writing to the individual designated in Section 1.1 Purpose, prior to the deadline provided in Section 1.3 RFQ Timeline. Violation of this provision may result in the firm’s proposal being removed from consideration.

1.10 Lobbying

By responding to this solicitation, the firm certifies that is has not and will not pay any person or firm to influence or attempt to influence an officer or employee of the City or the State of North Carolina, or any elected official in connection with obtaining a contract as a result of this

RFQ.

1.11 Conflicts of Interest

City of Raleigh contracts are controlled by three conflict of interest provisions.

First, federal procurement standards provide in 2 CFR 200.318 (c)(1), No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents of the non-Federal entity may neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts.

Similarly, the North Carolina General Statutes provides a criminal statute for conflicts of interest in public contracting, N.C.G.S. § 14-234(a) states:

(1) No public officer or employee who is involved in making or administering a contract on behalf of a public agency may derive a direct benefit from the contract except as provided in this section, or as otherwise allowed by law. (2) A public officer or employee who will derive a direct benefit from a contract with the public agency he or she serves, but who is not involved in making or administering the contract, shall not attempt to influence any other person who is involved in making or administering the contract. (3) No public officer or employee may solicit or receive any gift, favor, reward, service, or promise of reward, including a promise of future employment, in exchange for recommending, influencing, or attempting to influence the award of a contract by the public agency he or she serves.

City of Raleigh Charter Section 3.9 regulates private transactions between the City and its officials and employees. The Charter states:

No member of the City Council, official, or employee of the City of Raleigh shall be financially interested, or have any personal beneficial interest, either directly or indirectly, as agent, representative, or otherwise, in the purchase of, or contract for, or in furnishing any materials, equipment or supplies to the City of Raleigh, nor shall any official or employee of the City of Raleigh accept or receive, or agree to accept or receive, directly or indirectly, from any person, firm or corporation to whom any contract may be awarded or from whom any materials, equipment or supplies may be purchased by the City of Raleigh, by rebate, gift, or otherwise, any money or anything of value whatsoever, or any promise, obligation or contract for future reward or compensation, for recommending or procuring the uses of any such materials, equipment or supplies by the City of Raleigh; no member of the City Council, official or employee of the City of Raleigh shall for his own personal benefit operate, directly or indirectly, any concession in any building or on any lands of the City of Raleigh, nor shall any official or employee of the City of Raleigh bid for or be awarded any contract granting concessionary rights of any nature or kind from the City of Raleigh; it shall be unlawful for any member of the City Council, official or employee of the City of Raleigh to bid for or to purchase or to contract to purchase from the City of Raleigh any real estate, equipment, materials, or supplies of any nature or kind whatsoever, either directly or indirectly, at either public or private sale, either singly, or through or jointly with any other person.

1.12 Proposer Expenses

The City of Raleigh will not be responsible for any expenses incurred by any Firm in the development of a response to this Request for Qualifications or any other activities associated with this procurement including but not limited to any onsite (or otherwise) interviews and/or presentations, and/or supplemental information provided, submitted, or given to City of Raleigh and/or its representatives. Further, the City of Raleigh shall reserve the right to cancel the work described herein prior to issuance and acceptance of any contractual agreement/purchase order by the recommended Firm even if the awarding authority for each entity has formally accepted a recommendation.

1.13 Proposer Acceptance

Submission of any proposal indicates a Proposer’s acceptance of the conditions contained in this RFQ unless clearly and specifically noted otherwise on Appendix VI Exceptions to RFQ and submitted with proposal. The City of Raleigh has the sole discretion and reserves the right to cancel this RFQ, and to reject any and all proposals, to waive any and all informalities and/or irregularities, if it is deemed to be in the City of Raleigh’s best interests to do so. The City of Raleigh reserves the right to accept or reject any or all of the items in the proposal, and to award the contract in whole or in part and/or negotiate any or all items with individual Firms if it is deemed in the City of Raleigh’s best interest. Moreover, the City of Raleigh reserves the right to make no selection if proposals are deemed not in the best interest of the City of Raleigh.

2 QUALIFICATIONS PACKAGE

Submittal responses must follow the format outlined below. The City may reject as non-responsive at its sole discretion any submittal that does not provide complete and/or adequate responses or departs in any substantial way from the required format.

2.1 Request for Qualifications Required Document Format

Responses should be divided using tabs to separate each section, listed sequentially as follows:

Tab 1: Cover Letter Provide an introduction letter summarizing the unique qualifications of your firm to meet the needs of this project. This letter should be presented on the firm’s official letterhead and signed by an authorized representative who has the authority to enter into a contract with the City on behalf of the firm. Include the name, address, telephone and email address of the individual who serves as the point of contact for this solicitation.

Tab 2: Corporate Background and Experience

Include background information on the firm and provide detailed information regarding the firm’s experience with similar projects. Provide a list of all similar contracts performed in the past (5) years, accompanied by at least (3) references (contact persons, firm, telephone number and email address).

10 (v.07/10/23)

Include the total amount invoiced for each listed project, the length of the project, and list of personnel involved in the project who are also proposed for the subject project named in this solicitation. Failure to provide a list of all similar contracts in the specified period may result in the rejection of the firm’s proposal. The evaluation team reserves the right to contact any or all listed references, and to contact other public entities regarding past performance on similar projects.

Tab 3: Financial Information Review and provide one of the following three (3) financial statement options:

1. Recent audited or reviewed financial statements prepared by an independent certified public accountant (CPA) that shall include, at a minimum, a balance sheet, income statement (i.e., profit/loss statement) and cash flow statement and, if the audited or reviewed financial statements were prepared more than six (6) months prior to the issuance of this RFQ, the Proposer shall submit its most recent internal financial statements (balance sheet, income statement and cash flow statement or budget with entries reflecting revenues and expenditures from the date of the audited or reviewed financial statements to the end of the most recent financial reporting period (i.e., the quarter or month preceding the issuance date of this RFQ)).

OR

2. Recent compiled financial statements prepared by an independent CPA that shall include, at a minimum, a balance sheet, income statement (i.e., profit/loss statement) and cash flow statement and, if the compiled financial statements were prepared more than three (3) months prior to the issuance of this RFQ, the Proposer shall submit its most recent internal financial statements (balance sheet, income statement and cash flow statement or budget with entries reflecting revenues and expenditures to date), and other evidence of financial stability such as most recently filed income tax return, evidence of a line of credit/loans/other type of financing with statement of amount in use/outstanding balance (e.g., a complete copy commitment letter, loan agreement, billing statement reflecting the line of credit or statement from lender acknowledging the commitment to fund the Proposer’s stated financing), personal guaranty with copies of personal income tax filing and statement of net worth or such other evidence that is accurate, reliable and trustworthy regarding the Proposer’s financial stability.

OR

3. Include a certified, signed statement from a licensed CPA regularly engaged in the review of the firm’s financial information verifying the financial viability of the firm.

All financial information, statements and/or documents provided in response to this solicitation shall be kept confidential provided that EACH PAGE is marked as follows:

“CONFIDENTIAL – DO NOT DISCLOSE EXCEPT FOR THE EXPRESS PURPOSE OF

PROPOSAL EVALUATION.“

“Recent” shall be defined as financial statements that were prepared within the 12 months preceding the issuance date of this RFQ.

Consolidated financial statements of the Proposer’s parent or related corporation/business entity will not be considered, unless: (1) the Proposer’s actual financial performance for the designated period is separately identified in and/or attached to the consolidated statements; (2) the parent or related corporation/business entity provides the State with a document wherein the parent or related corporation/business entity will be financially responsible for the Proposer’s performance of the contract and the consolidated statement demonstrates the parent or related corporation’s/business entity’s financial ability to perform the contract, financial stability and/or such other financial considerations identified in the evaluation criteria;

and/or (3) Proposer provides its own internally prepared financial statements and such other evidence of its own financial stability identified above.

The firm’s failure to provide any of the above-referenced financial statements may result in the proposal being removed from consideration. Proposers are also encouraged to explain any negative financial information, and to provide documentation supporting those explanations and demonstrating the financial strength of the firm.

Tab 4: Project Understanding, Approach and Schedule Provide a comprehensive narrative, outline, and/or graph demonstrating the firm's understanding and approach to accomplishing the tasks outlined in the Scope of Work section of this RFQ. A description of each task and deliverable and the schedule for accomplishing each shall be included.

Tab 5: Team Firm, Experience and Certifications/Qualifications This section must include the proposed staffing, deployment and firm of personnel to be assigned to this project. The Proposer shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person. A project-specific firm chart which clearly illustrates the roles, responsibilities, and the reporting relationships of each team member should be included.

2.2 Hourly Rates

This solicitation is being issued in accordance with NCGS 143-64.31, otherwise known as the Mini-Brooks Act, and therefore price cannot and will not be a determining factor in the selection of the successful contractor. One copy of the Hourly Rate Schedule (see Appendix I) for all proposed project personnel should be enclosed in a separate, sealed envelope.

2.3 Qualifications Package Documents

This RFQ is comprised of the base RFQ document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFQ in advance of any Contract award are incorporated herein by reference.

3 PROPOSAL EVALUATION

3.1 Evaluation Criteria

This is not a bid. There will not be a public opening. Submittals will be evaluated based solely on the following criteria:

Criteria (a) Weight

(b) Score (0-3)

(a) x (b) Weighted Score

Corporate Background and Experience 40

Project Understanding 30

Project Approach 20

Firm Financial Stability 10

Final Score

Score Points 0 - Missing or Does Not Meet Expectation 2 - Meets Expectation 1 - Partially Meets Expectation 3 - Exceeds Expectation

3.2 Final Selection

Qualifications will be reviewed after opening and will be ranked in order of choice, at which point contract negotiations will begin with the most qualified firm. If negotiations are unsuccessful, the City will then pursue negotiations with the next most qualified firm.

The City shall not be bound or in any way obligated until both parties have executed a contract.

The City also reserves the right to delay the award of a contract or to not award a contract.

The terms and conditions and specifications of the RFQ, including the firm’s fee proposal, and/or written correspondence applicable to the RFQ, may become part of the contract documents. Failure of the awarded firm to perform as represented may result in contract cancellation.

3.3 Notice to Submitting Firms Regarding RFQ Terms and Conditions It shall be the Submitting Firm’s responsibility to read the Instructions, the City’s terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFQ, and to comply with all requirements and specifications provided herein. Submitters are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFQ.

3.4 Contract Term

The Contract shall be effective on the date the Contract is signed by the City (the “Effective Date”) and will state a Completion Date for the work to be completed by the firm selected and awarded the contract.

4 SCOPE OF SERVICES

Awarded firm shall provide services, all as set forth in this RFQ and any additional related work after selection during scope development.

Task 1: City of Raleigh Coordination

a) Attend an in-person kickoff meeting at the Raleigh Municipal Building

b) Organize and attend regular coordination meetings. The meetings will occur as needed but assume initially at least once per every two weeks. This can be reduced to once per month at the City’s discretion. The meetings may be held virtually or in person.

c) Prepare monthly progress reports which include recently completed items and outstanding items.

d) Attend meeting(s) with City staff as required.

e) Attend public meeting(s) with stakeholders as required Attend City Council meeting(s) as required. One City Council meeting is anticipated.

f) Regular communication as needed.

Task 2: Railroad and FRA Coordination

Coordinate with the railroad owner(s) and operators and the Federal Rail Administration (FRA) to the extent required by 49 CFR Part 222.

Update City staff on progress of coordination as necessary.

Task 3: Quiet Zone Study

Perform an engineering study which describes the steps necessary to implement railroad quiet zones in the City of Raleigh. The quiet zones must follow the standards set forth in 49 CFR Part 222 – Use of Locomotive Horns at Public Highway-Rail Grade Crossings.

The study should evaluate two study areas for quiet zones:

1. Downtown Raleigh, which is the area enclosed by Peace Street to the North, East Street to the East, Martin Luther King Jr Boulevard to the South, and Boylan Street to the West.

2. The entire city limits of Raleigh.

The following components will be required for each at-grade rail crossing in the study areas:

1. Analysis of scope and schedule of planned projects which would improve crossings, including but not limited to the S-line project.

2. Evaluate whether improvements are needed to meet the standards for railroad quiet zones set forth in 49 CFR Part 222. For each crossing where improvements are needed, provide a written scope of work to improve the crossings to meet the standards for railroad quiet zones set forth in 49 CFR Part 222. If there are multiple feasible options to meet the standards, provide scopes of work for all options.

3. For each crossing where improvements are needed, describe the feasibility, potential impediments, and potential impacts to public and private property from the improvements.

4. For each crossing where improvements are needed, provide a cost estimate and projected implementation schedule for each feasible option to improve the crossing. Cost estimates and schedules should include everything necessary to complete the work, including but not limited to railroad coordination, design, and construction.

5. Recommendations should consider the following: 1) low-cost improvements that are implementable within a short time frame, 2) improvements that align with the upcoming projects including the S-line, and 3) large-scale infrastructure improvement projects across the city.

6. Any other items or strategies that the consultant believes will be useful.

Task 4: Quiet Zone Establishment Note: This item may or may not be pursued, at the discretion of the City of Raleigh.

When the appropriate improvements have been identified, a separate proposal for any necessary engineering, design, survey, coordination or permitting with the railroad will be sought by the City in accordance with its procurement requirements and procedures. Award of the contract for this project does not guarantee award of design and construction services for the appropriate improvements.

After completion of task 3, meet with City staff and present options, estimated costs, and timeframes. At that point, direction will be provided if any, improvements are to be pursued at one or each at-grade crossing. If the City selects an option that could be achievable in a relatively short time frame the firm will assist with any engineering documents, coordination, and any other tasks needed to establish a quiet zone. The firm t will do the following at the City’s direction:

1. Submit required Notice of Intent (NOI) to create a new 24-hour Quiet Zone in accordance with FRA guidelines.

2. Upon installation of the required safety improvements required at each crossing, prepare and submit the Notice of Establishment (NOE) for the Quiet Zone to the required entities.

APPENDIX I

HOURLY RATE SCHEDULE

Awarded firm shall perform the services to be performed as set forth in this RFQ and more particularly described in Section 4 Scope of Services utilizing the following hourly rate schedule below.

As stated above in section 2.2 Hourly Rates, provide the Hourly Rate Schedule in a separate, sealed envelope.

Position Title Hourly Rate

Firm Name: ____________________________________________________________

Authorized Signature: _________________________________Date_______________

Signed by: _____________________________________________________________

[Type or Print Name]

Title of Signer: __________________________________________________________

16 (v.07/10/23)

APPENDIX II

PROPOSER QUESTIONNAIRE

The following questions must be answered, and data given must be clear and comprehensive. If necessary, questions may be answered on separate sheets. The Proposer may submit any additional information desired.

Company Name: d/b/a (if applicable)

Street / PO Box:

City: State: Zip:

Phone: Fax: E-Mail:

Website (if applicable):

Sole Proprietor Partnership Corporation Other

Number of years in business under company’s present name:

Fed Tax ID #: DUNS # Are you registered with the North Carolina Secretary of State to conduct business (if required)? (Check One) YES: NO: Not Applicable:

Are you properly licensed/certified by the Federal and/or State of North Carolina to perform the specified work?

YES: NO: Not Applicable: ATTACH COPY OF ALL APPLICABLE LICENSING/CERTIFICATION DOCUMENTS Are/will you be properly insured to perform the work? YES: NO:

Contact for this Contract: Title:

Phone: Fax: E-Mail:

Have you ever defaulted or failed on a contract? (If yes, attach details) YES: NO:

List at least three (3) references for which you have provided these services (same scope/size) in the past three years - preferably government agencies. Do not include City of Raleigh as a reference to meet the requirement of listing at least (3) references.

PROPOSERS ARE RESPONSIBLE FOR SENDING REFERENCE QUESTIONNAIRE (APPENDIX III) TO THEIR

REFERENCES.

1. Company:

Contact Person: Title:

Phone: Fax: E-Mail:

Describe Scope of Work:

2. Company:

Contact Person: Title:

Phone: Fax: E-Mail:

Describe Scope of Work:

3. Company:

Contact Person: Title:

Phone: Fax: E-Mail:

Describe Scope of Work:

4. Company:

Contact Person: Title:

Phone: Fax: E-Mail:

Describe Scope of Work:

5. Company:

Contact Person: Title:

Phone: Fax: E-Mail:

Describe Scope of Work:

The undersigned swears to the truth and accuracy of all statements and answers contained herein:

Authorized Signature: Date:

17 (v.07/10/23)

APPENDIX III

REFERENCE QUESTIONNAIRE

(Instructions)

(274-TR-2024-05)

City of Raleigh Railroad Quiet Zone Study

The City of Raleigh, as a part of the RFQ, requires proposing companies to submit a minimum of three (3) business references as required within this document. The purpose of the references is to document the experience of the proposer relevant to the scope of services and assist in the evaluation process.

• The Proposer is required to send the reference form (the following two pages) to each business reference listed on Proposer Questionnaire.

• The business reference, in turn, is requested to submit the Reference Form directly to the City of Raleigh Point of Contact identified on the Reference Questionnaire form for inclusion in the evaluation process.

• The form and information provided will become a part of the submitted proposal. The business reference may be contacted for validation of the response.

• It is the Proposer’s responsibility to verify their references have been received by the City of Raleigh Point of Contact by the date indicated on the reference form.

APPENDIX III

REFERENCE QUESTIONNAIRE FORM

(274-TR-2024-05)

City of Raleigh Railroad Quiet Zone Study

(Name of Business Requesting Reference)

This form is being submitted to your company for completion as a business reference for the company listed above.

This form is to be returned to the City of Raleigh, (Insert Name of Point of Contact), via email to (insert email address) no later than (Insert a time) p.m. ET, (Insert Month, Day, Year) and MUST NOT be returned to the company requesting the reference.

For questions or concerns regarding this form, please contact the City of Raleigh, Point of Contact above.

Company Providing Reference

Contact Name and Title/Position

Contact Telephone Number

Contact Email Address

Questions:

1. In what capacity have you worked with this company in the past? If the company was under a contract, please acknowledge and explain briefly whether or not the contract was successful.

Comments:

2. How would you rate this company’s knowledge and expertise?

3= Excellent 2= Satisfactory 1= Unsatisfactory 0= Unacceptable

3. How would you rate the company’s flexibility relative to changes in the scope and timelines?

4. What is your level of satisfaction with hard-copy materials, e.g. reports, logs, etc. produced by the company?

5. How would you rate the dynamics/interaction between the company and your staff?

6. Who were the company’s principle representatives involved in providing your service and how would you rate them individually? Would you comment on the skills, knowledge, behaviors or other factors on which you based the rating?

(3= Excellent; 2= Satisfactory; 1= Unsatisfactory; 0= Unacceptable)

Name: Rating:

7. With which aspect(s) of this company’s services are you most satisfied?

8. With which aspect(s) of this company’s services are you least satisfied?

9. Would you recommend this company’s services to your organization again?

20 (v.07/10/23)

Section 2: PROFESSIONAL SERVICE PROVIDER—MWBE SUBCONTRACTORS

Section 1: PROFESSIONAL SERVICE PROVIDER—PRIMARY CONTRACTOR

APPENDIX IV

MWBE PARTICIPATION FORM

IDENTIFICATION OF MWBE PARTICIPATION FOR PROFESSIONAL SERVICES

This Identification of MWBE Participation Form captures information regarding MWBE participation in the providing of professional services as defined by NCGS §143-64.31, et seq. MWBE participation is encouraged for all City of Raleigh contracting opportunities. Please refer to the City’s MWBE Policy for any contract specific requirements. Copy this Form as needed.

COMPANY NAME

PROJECT NAME CITY DEPARTMENT

PROJECT NUMBER RFQ SUBMITTAL DATE

¨ CONTRACT IS FOR PROFESSIONAL SERVICES. Please complete the following:

PROFESSIONAL SERVICES

PROVIDED

Architectural Engineering Public-Private Partnership Construction

Design-Build Surveying Construction Management at Risk

PRIMARY CONTRACTOR IS

MWBE

Classification: ________ Certified with NCHUB Certified with NCDOT-DBE

RESIDENT FIRM YES NO

*MWBE Classifications: American Indian (AI), Asian American (AA), Black/African-American (B), Hispanic (H), Non-Minority Female (NMF), Socially/Economic Disadvantaged (D)

Complete the chart below for all MWBE subcontractors that you intend to use for this Contract regardless of dollar amount.

PROFESSIONAL SERVICES

PROVIDED

Architectural Engineering Public-Private Partnership Construction

Design-Build Surveying Construction Management at Risk

MWBE CLASSIFICATION RESIDENT FIRM YES NO

*MWBE Classifications: American Indian (AI), Asian American (AA), Black/African-American (B), Hispanic (H), Non-Minority Female (NMF), Socially/Economic Disadvantaged (D)

PROVIDED

Architectural Engineering Public-Private Partnership Construction

Design-Build Surveying Construction Management at Risk

*MWBE Classifications: American Indian (AI), Asian American (AA), Black/African-American (B), Hispanic (H), Non-Minority Female (NMF), Socially/Economic Disadvantaged (D)

PROVIDED

Architectural Engineering Public-Private Partnership Construction

Design-Build Surveying Construction Management at Risk

*MWBE Classifications: American Indian (AI), Asian American (AA), Black/African-American (B), Hispanic (H), Non-Minority Female (NMF), Socially/Economic Disadvantaged (D)

21 (v.07/10/23)

APPENDIX V

CONTRACT STANDARD TERMS AND CONDITIONS

The contract terms provided herein shall become a part of any contract issued as a result of this solicitation. Any exceptions to the contract terms must be stated in the submittal. Any submission of a proposal without objection to the contract terms indicates understanding and intention to comply with the contract terms. If there is a term or condition that the firm intends to negotiate, it must be stated in the proposal. The successful firm will not be entitled to any changes or modifications unless they were first stated in the proposal. The City of Raleigh reserves the right, at its sole discretion, to reject any or all submittal package(s) containing unreasonable objections to standard City of Raleigh contract provisions.

1. Compensation; Time of Payment

The standard City of Raleigh payment term is NET 30 days from the date of invoice. For prompt payment all invoices should be emailed to (accountspayable@raleighnc.gov) or mail to the City of Raleigh, Accounts Payable, PO Box 590, Raleigh, North Carolina 27602-0590. All invoices must include the Purchase Order Number. Invoices submitted without the correct purchase order number will result in delayed payment.

2. Standard of Care Engineer shall perform for or furnish to City professional engineering and related services in all phases of the project to which this Contract applies as hereinafter provided. Engineer shall serve as City's prime design professional and engineering representative for the project providing professional engineering consultation and advice with respect thereto. Engineer may employ such Engineer's Consultants as Engineer deems necessary to assist in the performance or furnishing of professional engineering and related services hereunder. Engineer shall not be required to employ any Engineer's Consultant unacceptable to Engineer.

The standard of care for all professional engineering and related services performed or furnished by Engineer under this Contract will be the care and skill ordinarily used by members of Engineer’s profession practicing under similar conditions at the same time and in the same locality.

3. Opinions of Probable Construction Cost Engineer’s Opinions of probable Construction Cost provided for herein are to be made on the basis of Engineer’s experience and qualifications and represent Engineer’s best judgment as an experienced and qualified professional engineer generally familiar with the construction industry. However, since Engineer has no control over the cost of labor, materials, equipment, or services furnished by others, or over the Contractor’s methods of determining prices, or over competitive bidding or market conditions, Engineer cannot and does not guarantee that proposals, bids, or actual Construction Cost will not vary from opinions of probable Construction Cost prepared by the Engineer. If the City wishes greater assurance as to probable Construction Cost, City may employ an independent cost estimator.

mailto:accountspayable@raleighnc.gov

4. Non-Discrimination To the extent permitted by North Carolina law, the Parties for themselves, their agents, officials, directors, officers, members, representatives, employees, and contractors agree not to discriminate in any manner or in any form based on actual or perceived age, mental or physical disability, sex, religion, creed, race, color, sexual orientation, gender identity or expression, familial or marital status, economic status, veteran status or national origin in connection with this Contract or its performance.

The Parties agree to conform with the provisions and intent of Raleigh City Code §4- 1004 in all matters related to this Contract. This provision is incorporated into the Contract for the benefit of the City of Raleigh and its residents and may be enforced by an action for specific performance, injunctive relief, or any other remedy available at law or equity. This section shall be binding on the successors and assigns of all parties with reference to the subject matter of the Contract.

5. Minority and Women Owned Business Enterprise The City of Raleigh prohibits discrimination in any manner against any person based on actual or perceived age, race, color, creed, national origin, sex, mental or physical disability, sexual orientation, gender identity or expression, familial or marital status, religion, economic status, or veteran status. The City maintains an affirmative policy of fostering, promoting, and conducting business with women and minority owned business enterprises.

6. Assignment Neither the City nor the Engineer will assign, sublet, or transfer their interest, duties, or obligations hereunder without the prior written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party hereto, nor shall it create any rights or benefits to parties other than the City and the Engineer, except such other rights as may be specifically called for herein.

7. Applicable Law All matters relating to this Contract shall be governed by the laws of the State of North Carolina, without regard to its choice of law provisions, and venue for any action relating to this Contract shall be Wake County Civil Superior Court or the United States District Court for the Eastern District of North Carolina, Western Division.

8. Insurance Contractor agrees to maintain, on a primary basis and at is sole expense, at all times during the life of this Contract the following coverages and limits. The requirements contained herein, as well as City’s review or acceptance of insurance maintained by Contractor is not intended to and shall not in any manner limit or qualify the liabilities or obligations assumed by Contractor under this Contract.

Commercial General Liability – Combined single limit of no less than $1,000,000 each occurrence and $2,000,000 aggregate. Coverage shall not contain any endorsement(s) excluding nor limiting Product/Completed Operations, Contractual Liability or Cross Liability.

Automobile Liability – Limits of no less than $1,000,000 Combined Single Limit.

Coverage shall include liability for Owned, Non-Owned and Hired automobiles.

In the event Contractor does not own automobiles, Contractor agrees to maintain coverage for Hired and Non-Owned Auto Liability, which may be satisfied by way of endorsement to the Commercial General Liability policy or separate Auto Liability policy. Automobile coverage is only necessary if vehicles are used in the provision of services under this Contract and/or are brought on a City site.

Worker’s Compensation & Employers Liability – Contractor agrees to maintain Worker’s Compensation Insurance in accordance with North Carolina General Statute Chapter 97 with statutory limits and employees liability of no less than $1,000,000 each accident.

Additional Insured – Contractor agrees to endorse the City as an Additional insured on the Commercial General Liability, Auto Liability and Umbrella Liability if being used to meet the standard of the General Liability and Automobile Liability. The Additional Insured shall read: ‘City of Raleigh is named additional insured as their interest may appear’.

Certificate of Insurance – Contractor agrees to provide the City a Certificate of Insurance evidencing that all coverages, limits and endorsements required herein are maintained and in full force and effect, and Certificates of Insurance shall provide a minimum thirty (30) day endeavor to notify, when available, by Contractor’s insurer.

If Contractor receives a non-renewal or cancellation notice from an insurance carrier affording coverage required herein, or receives notice that coverage no longer complies with the insurance requirements herein, Contractor agrees to notify the City within five (5) business days with a copy of the non-renewal or cancellation notice, or written specifics as to which coverage is no longer in compliance.

The Certificate Holder address should read:

City of Raleigh Post Office Box 590 Raleigh, NC 27602-0590

Umbrella or Excess Liability – Contractor may satisfy the minimum liability limits required above under an Umbrella or Excess Liability policy. There is no minimum Per Occurrence limit of liability under the Umbrella or Excess Liability, however, the Annual Aggregate limits shall not be less than the highest ‘Each Occurrence’ limit for required policies. Contractor agrees to endorse City of Raleigh as an ‘Additional Insured’ on the Umbrella or Excess Liability, unless the Certificate of Insurance states the Umbrella or Excess Liability provides coverage on a ‘Follow- Form’ basis.

Professional Liability – Limits of no less than $1,000,000 each claim. This coverage is only necessary for professional services such as engineering, architecture or when otherwise required by the City.

All insurance companies must be authorized to do business in North Carolina and be acceptable to the City of Raleigh’s Risk Manager.

10. Indemnity

A. To the fullest extent allowed by law, the Engineer shall indemnify and hold harmless the City, its officers, officials, employees, agents, or indemnities (collectively called “Indemnified Parties”) from and against those Losses, liabilities, damages, and costs proximately caused by, arising out of, or resulting from the sole negligence of the Engineer, the Engineer’s agents, or the Engineer’s employees.

B. In matters other than those covered by subsection A. above, and to the fullest extent allowed by law, the Engineer shall indemnify and hold harmless the Indemnified Parties from and against those Losses, liabilities, damages, and costs caused by, arising out of, resulting from, or in connection with the execution of the work provided for in this contract when the Fault of the Engineer or its Derivative Parties is a proximate cause of the Loss, liability, damage, or expense indemnified.

C. Costs and expenses shall include attorneys’ fees, litigation or arbitration expenses, or court costs actually incurred by the Indemnified Parties to defend against third-party claims alleged in any court, tribunal, or alternative dispute resolution procedure required of any of the Indemnified Parties by law or by contract, only if the Fault of the Engineer or its Derivative Parties is a proximate cause of the attorney’s fees, litigation or arbitration expenses, or court costs to be indemnified.

D. Only to the extent provided pursuant to a policy of insurance, the Engineer shall defend the Indemnified Parties against claims alleged in any court, tribunal, or alternative dispute resolution procedure if the Fault of the Engineer or its Derivative Parties is a proximate cause of such claims.

E. The Engineer’s duty to indemnify, defend, and hold harmless described hereinabove shall survive the termination or expiration of this Contract.

F. Definitions:

i. For the purposes of this section, the term “Fault” shall mean any breach of contract; negligent, reckless, or intentional act or omission constituting a tort under applicable statutes or common law; or violation of applicable statutes or regulations.

ii. For the purposes of this section, the term “Loss” or “Losses” shall include, but not be limited to, fines, penalties, and/or judgments issued or levied by any local, state, or federal governmental entity.

iii. For the purposes of this section, the term “Derivative Parties” shall mean any of the Engineer’s subcontractors, agents, employees, or other persons or entities for which the Engineer may be liable or responsible as a result of any statutory, tort, or contractual duty.

11. Intellectual Property Any information, data, instruments, documents, studies, reports or deliverables given to, exposed to, or prepared or assembled by the Engineer under this Contract shall be kept as confidential proprietary information of the City and not divulged or made available to any individual or organization without the prior written approval of the City.