RFQ - City Yard Diesel Fuel Recovery Project RFQ24285.pdf

RFQ24285 City Yard Diesel Fuel Recovery Project Page 1 of 23

City of Winston-Salem Request for Letters of Interest and Statements of Qualifications

THE CITY OF WINSTON-SALEM DESIRES TO ENGAGE A QUALIFIED PROFESSIONAL

ENGINEERING OR LICENSED GEOLOGICAL FIRM TO PROVIDE ENVIRONMENTAL

SERVICES IN RELATION TO THE SUBSURFACE REMEDIATION OF DIESEL FUEL AT 654

CITY YARD DRIVE IN WINSTON-SALEM, NORTH CAROLINA.

SUBMISSION DEADLINE: 4:00 PM, May 17, 2024

Private firms are invited to submit Letters of Interest for providing the requested services to in PDF format to Matthew Osborne at matthewo@cityofws.org. See Page 3 for submittal instructions.

Firms submitting Letters of Interest are encouraged to carefully check them for conformance to the requirements stated in this document. If Letters of Interest do not meet these requirements, they will be disqualified. No exceptions will be granted.

All questions concerning this request for proposals or the scope of this work should be directed in writing to Matthew Osborne at matthewo@cityofws.org. Questions will be accepted through 12:00 PM, May 8, 2024.

PROJECT BACKGROUND AND SCOPE OF WORK DESIRED:

The City of Winston-Salem is the assigned Responsible Party (RP) for the release of diesel fuel into the soil and underlying groundwater matrices at the subject site. From the 1980’s through the early 2000’s, the City’s Streets Division operated an Asphalt Manufacturing Plant consisting of four above-ground asphalt emulsion tanks (ASTs), and one underground diesel storage tank (UST). The NCDEQ Groundwater Incident Number for this project is 95122.

Diesel fuel was released at the subject site due to poor housekeeping practices (e.g., liquid asphalt binder was spilled at the immediate aboveground storage tank area). To further exacerbate the extent of contamination, diesel fuel was used as an anti-adhesion agent for asphalt delivery trucks at the site. As a result, an increased quantity of diesel fuel was released into the open environment, when excessive amounts of fuel were applied to the dump truck beds.

Pollutants of Concern and Suspected Cause:

The release of diesel fuel has caused impact to soil and groundwater matrices from the breakdown of asphalt product into residual compounds, which includes free and dissolved phases of hydrocarbons to accumulate on and within the groundwater.

Project Description and History:

During Fiscal Years 2012-2013, the partial construction of the western stormwater retention pond and stream bank stabilization were completed. This project phase included the remediation of diesel-contaminated soil and groundwater, coal combustion byproduct, and spent lead-acid battery casings.

Griffith Enterprises completed Phases II and III (during Fiscal Years 2013-2015) of the City’s Initial Site Sampling Plan (ISSP) of the eastern portion of City Yard; the purpose of these two environmental assessments were to delineate both fly ash material and diesel fuel impacted matrices within the anticipated construction limits for an additional stormwater retention pond.

mailto:matthewo@cityofws.org

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To date, the following remedial activities have been completed at the City Yard site:

• 7,779.9 tons of petroleum contaminated soil (PCS) has been excavated and disposed at North Carolina permitted disposal facilities.

• 29,297 gallons of diesel fuel free product and dissolved phase diesel fuel contaminated groundwater have been successfully recovered and disposed at a North Carolina licensed waste disposal facility.

• 20,179 cubic yards of CCBP (also known as fly ash) have been excavated and encapsulated at a city-owned property under an approved permit by the NCDEQ Division of Waste Management (DWM) from the western area of the City Yard property.

Due to fund unavailability, the City Yard Phase II Environmental Remediation Project has been postponed until Fiscal Year 2029-2030. On December 8, 2017, the NC DWM, UST Section approved a project scope amendment to commence quarterly diesel fuel free product recovery events and annual sampling of all groundwater monitoring wells. Quarterly diesel fuel recovery events are currently being performed during, March, June, September and December of each year. Annual groundwater sampling is completed during February of each year.

The selected firm will be expected to complete quarterly diesel fuel recovery events during the months of March, June, September and December, and perform an annual groundwater sampling event in the month of February, after the execution of an approved contract. The selected firm will submit quarterly free product recovery reports and an annual groundwater monitoring report to the NCDEQ, Winston-Salem Regional Office. The reports must be prepared and sealed by either a Licensed North Carolina Professional Engineer, and/or a Licensed North Carolina Geologist. In addition, the selected professional consultant will need to serve as the City of Winston-Salem’s official liaison for this project, when regulatory (and any other city-determined) conditions arise.

SELECTION CRITERIA: Please do not submit fee information with your submittal. The City selects firms to provide professional services based on demonstrated competence and qualification. Once a firm is selected, the City will enter into contract negotiations with that firm; and, as part of that negotiation, will determine a fair and reasonable fee for the services to be provided. The City reserves the right to terminate negotiations with the selected firm(s) and proceed to negotiate with other firm(s) should contract/fee negotiations fail. Once a firm is selected, a detailed scope of services (broken down by specific milestone events/deliverables), and associated fee proposal, and implementation schedule will be refined, agreed to and once signed, will be identified and attached to the City’s standard professional services agreement form.

Any firm wishing to be considered must be properly registered with the Office of the Secretary of State.

The Engineer in responsible charge of the work must be registered in the State of North Carolina and must have a good ethical and professional standing. It will be the responsibility of the selected private firm to verify the registration of any corporate subsidiary or subcontractor prior to submitting a Letter of Interest.

The firm must have the financial ability to undertake the work and assume the liability. The selected firm(s) will be required to furnish proof of Professional Liability insurance coverage in the minimum amount of $1,000,000.00 per claim. The firm(s) must have an adequate accounting system to identify costs chargeable to the project.

All qualified firms who submit responsive Letters of Interest will be considered. The evaluation of these firms will be based on the firm’s overall experience, past performance, knowledge, and familiarity with the type of work required. Along with the experience of proposed staff to perform specific work required (including any sub consultants), and if the firm meets the MWBE goals by either self-performing all work or submits documentation showing that it has made a Good Faith Effort to meet the established goals.

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FORMAT FOR SUBMISSION OF A LETTER OF INTEREST

All Letters of Interest should be limited to twelve (12) pages (unless additional pages are needed to document good faith efforts related to the MWBE goal), including the cover sheet. Letters of Interest containing more than 12 pages will not be considered (unless additional pages are required to document good faith efforts). Submittals should be delivered in a sealed envelope or package and emailed as a PDF file; both must be received by the City no later than 4:00 p.m. on Friday, May 17, 2024, and both must be directed to the attention of:

Matthew Osborne, Stormwater Operations Analyst City of Winston-Salem Stormwater Division P.O. Box 2511 Winston-Salem, NC 27102 matthewo@cityofws.org

Firms submitting Letters of Interest and Statements of Qualifications (LOI/SOQs) are encouraged to carefully check them for conformance to the requirements identified herein. If LOI/SOQs do not meet these requirements, they will be disqualified.

All questions concerning this request for Letters of Interest/Statement of Qualifications, or the scope of this work must be submitted in writing only by 12:00 PM, May 8, 2024, to Matthew Osborne, at matthewo@cityofws.org. If you feel the information provided is inadequate to submit a Letter of Interest, please contact Mr. Osborne.

Each LOI/SOQs should be assembled as follows:

Section I - Cover/Introductory Letter The introductory letter should be addressed to Matthew Osborne. The letter should contain the following information:

• Expression of firm’s interest in executing the work.

• Statement of understanding of services listed in RFQ.

• Date of most recent professional qualification, and who will represent and/or supervise the firm’s/company’s work.

• Statement of any possible conflicts of interest.

• Location of office or offices where the work is to be performed; and

• Summation of information contained within the letter of interest, including an email address and telephone number for the firm’s contact person.

Section II - Evaluation Factors This section should contain information regarding evaluation and other factors listed in the advertisement such as:

• Identify project key personnel/sub-consultants’ qualifications and relevant work experience, and knowledge of applicable North Carolina Division Waste Management’s guidelines.

• Understanding of project scope (e.g., site and subsurface conditions, the pollutant(s) of concern, and applicable procedures and standards, etc.).

• Past work performance that the firm (or individual) acted as the primary engineer or geologist with similar environmental remediation projects. Please include three environmental remedial project examples (within the past five years) and incorporate the date completed, the project’s contact person and corresponding information (for reference inquires if needed), a brief project synopsis, pollutant(s) remediated, remediation methodology, and project outcome(s); and

• Compliance (or Good Faith Effort) with the City of Winston-Salem’s M/WBE Program

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Section III - Supportive Information This section should contain the following information:

• Capacity Chart/Graph (available work force).

• Organizational chart indicating personnel to be assigned by discipline.

• Resumes of key personnel.

• Names, classifications, and location(s) of the firm’s North Carolina personnel and resources to be assigned to the work; and

• Other relevant information

Section IV – MWBE Affidavit of Minority Participation/Good Faith Efforts:

This section is required to show good faith efforts, and should contain the following information:

• Fully-executed Identification of Minority Business Participation (Page 12), Affidavit A: Good

Faith Effort (Pages 13-15), Subcontractor/Supplier Utilization Form (Page 16); or Affidavit B:

Intent to Perform Contract with Own Work Force (Page 17-18).

• Any additional backup information showing good faith efforts and/or MWBE certification in another state.

Private firms are invited to submit letters of interest for providing the requested professional environmental services to the City of Winston-Salem by 4:00 P.M. on Friday, May 17, 2024. Letters of interest submitted after this deadline will not be considered. Submittals should be delivered in a sealed envelope or package and emailed as a PDF file; both must be received by the City of Winston-Salem no later than 4:00 p.m. on Friday, May 17, 2024, and both must be directed to the attention of:

Matthew Osborne, Stormwater Operations Analyst City of Winston-Salem Stormwater Division P.O. Box 2511 Winston-Salem, NC 27102 matthewo@cityofws.org

Firms submitting Letters of Interest are encouraged to carefully check them for conformance to the requirements stated above. If Letters of Interest do not meet these requirements, they will be disqualified.

No exceptions will be granted.

All questions concerning this request for Letters of Interest, or the scope of this work should be directed to Matthew Osborne at matthewo@cityofws.org. Questions will be accepted through 12:00 PM, May 8, 2024. If you feel the information provided is inadequate to submit a Letter of Interest, please contact Matthew Osborne, by e-mail. The firm selected will be notified by telephone. Notification will be given to those firms that were not selected by e-mail.

Please note that the 10% goal for participation by minority and women-owned businesses established for this service applies to each project. Additionally, failure to provide this form with proposal could be considered as non-responsive and the proposal may not be considered.

Note: If unsure of which specific M/WBE document is required for your response, contact Gwendolyn Teal, Diversity Compliance Specialist at gwendolynt@cityofws.org or by phone at 336-747-7459

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Evaluation Criteria All proposals received prior to the established due date/time will be evaluated and considered based on the completeness of the responses to the defined specifications. The City of Winston-Salem reserves the right to award this contract to the vendor deemed best suited to achieve the goals and desires outlined in this proposal.

Respondents will be evaluated for selection on the basis of the Proposer most qualified to meet the requirements of this RFP. Major criteria to be considered in evaluation may include, but shall not necessarily be limited to:

A. M/WBE Commitment – Proposer’s efforts to comply with all the terms and conditions of the City of Winston-Salem’s Minority and Women Business Enterprise (M/WBE) Program through award of subcontracts to minority and women owned business enterprises and utilization of minority and women owned business enterprise suppliers to the fullest extent consistent with the efficient performance of this contract.

B. Relevant Experience and Knowledge of Key Personnel – The background, education, and comprehensive experience of the Respondent’s key personnel in providing similar environmental remediation services, including the level of experience in working with municipalities, and the quality of services performed. Determination that the selected respondent has no contractual relationships that would result in a conflict of interest to the City’s contract.

C. Understanding of Project – The proposer’s demonstrated understanding of the project scope, background, and purpose, as well as any other pertinent details that would help exhibit clear understanding of potential project obstacles/challenges.

D. Past Work Performance – How the Proposer has successfully remediated and completed similar past environmental projects. The Proposer must include three similar projects within the past five

(5) years with the evaluation criteria listed in Section II, Evaluation Factors. A facet of this criterion includes the Proposer’s past performance and client satisfaction on previous projects for public and private entities.

The following “Weighted Scale” will be used to evaluate each proposal

Evaluation Criteria Weight M/WBE Commitment 20%

Relevant Experience and Knowledge of Key Personnel 30%

Understanding of Project 20% Past Work Performance 30%

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NOTICE TO PROPOSERS

It is the policy of the City that an employee, officer, or agent of City may not participate in any manner in the bidding, awarding, or administering of contracts in which they, or a member of their immediate family, their business partner, or any organization in which they serve as an officer, director, trustee, or employee, has a financial interest.

The successful proposer must comply with all provisions of the Americans with Disabilities Act (ADA), the Equal Employment Opportunity Act (EEOA), and all rules and regulations promulgated thereunder.

By submitting a proposal, the successful proposer agrees to indemnify the City from and against all claims, suits, damages, costs, losses, and expenses in any manner arising out of, or connected with, the failure of the Company, its subcontractors, agents, successors, assigns, officers, or employees to comply with the provisions of the ADA, EEOA, or the rules and regulations promulgated thereunder.

No special inducements will be considered that are not a part of the original bidding document.

City’s Rights and Options The City, at its sole discretion, reserves the following rights:

• To supplement, amend, substitute or otherwise modify this RFQ at any time

• To cancel this RFQ with or without the substitution of another RFQ

• To take any action affecting this RFQ, this RFQ process, or the services subject to this RFQ that would be in the best interests of the city

• To issue additional requests for information

• To require one or more service providers to supplement, clarify, or provide additional information in order for the city to evaluate the responses submitted

• To share the Proposals with City employees other than the Evaluation Committee or City advisory committees as deemed necessary

• To award all, none, or any part of the Services that is in the best interest of the city, with one or more of the Service Providers responding, which may be done with or without re-solicitation.

• To discuss and negotiate with selected Service Provider(s) any terms and conditions in the Proposals including but not limited to financial terms

• To negotiate a contract with a service provider based on the information provided in response to this RFQ.

Public Records Any material submitted in response to this RFQ will become a “public record” once the proposer’s document(s) is opened and the proposer is determined to be a participant in the solicitation process and shall be subject to public disclosure consistent with Chapter 132, North Carolina General Statutes.

Proposals submitted under this section shall not be subject to public inspection until a contract is awarded N.C.G.S 143-129.8(d).

Trade Secrets/Confidentiality Proposers must claim any material that qualifies as "trade secret" information under N.C.G.S. 66152(3) in their response to this RFQ and must state the reasons why such exclusion from public disclosure is necessary and legal.

To properly designate material as trade secret under these circumstances, each Proposer must take the following precautions: (a) any trade secrets submitted by a Proposer should be submitted in a separate, sealed envelope marked "Trade Secret - Confidential and Proprietary Information - Do Not Disclose Except for the Purpose of Evaluating this Proposal," and (b) the same trade secret/confidentiality designation should be stamped on each page of the trade secret materials contained in the envelope.

Do not attempt to designate your entire proposal as a trade secret, and do not attempt to designate pricing information as a trade secret. Doing so may result in your bid being disqualified.

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In submitting a proposal, each Proposer agrees that the City may reveal any trade secret materials 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 assist City in the selection process. Furthermore, each Proposer agrees to indemnify and hold harmless the City and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with disclosing any material, which the Proposer has designated as a trade secret.

The City reserves the right to make all final determination(s) of the applicability of North Carolina General Statutes § 132-1.2, Confidential Information.

Familiarity with Laws and Ordinances The submission of a proposal on the services requested herein shall be considered as a representation that the Proposer is familiar with all federal, state, and local laws, ordinances, rules, and regulations which affect those engaged or employed in the provision of such services, or which in any way affects the conduct of the provision of such services; and no plea of misunderstanding will be considered on account of ignorance thereof. If the Proposer discovers any provisions in the RFQ documents that are contrary to or inconsistent with any law, ordinance, or regulation, it shall be reported to the City in writing without delay.

The Proposer agrees that in carrying out this contract, compliance will be maintained with all applicable federal, state, and local laws, specifically including, without limitations, the Occupational Safety and Health Act of 1970 and Section 1324A, the Immigration Reform and Control Act.

The Proposer certifies that the proposal is made in good faith and without collusion with any person making a proposal or with any officer or employee of the City.

The undersigned further agrees, in connection with the performance of this contract, not to discriminate against any employee or applicant for employment because of race, religion, color, gender, age, handicap, political affiliation, or national origin.

Proposals are to be signed by an officer of the company authorized to bind the submitter to its provisions.

Failure to manually sign the appropriate proposal form will disqualify the proposer and the proposal will not be considered.

Ethics Policy / Code of Conduct The City of Winston-Salem has established guidelines for ethical standards of conduct for City representatives and to provide guidance in determining what conduct is appropriate in particular cases.

City representatives should maintain high standards of personal integrity, truthfulness, honesty, and fairness in carrying out public duties; avoid any improprieties in their roles as public servants including the appearance of impropriety; and never use their position or power for improper personal gain. In establishing an ethics policy, the City of Winston-Salem desires to protect the public against decisions that are affected by undue influence, conflicts of interest, or any other violation of these policies as well as promote and strengthen the confidence of the public in their governing body. For a complete review of this City Policy, use the following link: https://www.cityofws.org/820/Procurement-Guidelines

Stimulation of the Local Economy In an effort to stimulate the local economy, foster development and promote efficiency in the provision of city services and the completion of various city projects, the City of Winston-Salem has undertaken an initiative to strongly encourage all parties contracting with the City of Winston-Salem to evaluate their internal operations and hiring practices and, where appropriate, to initiate efforts to stimulate the local economy by hiring applicants and contractors from the Winston-Salem/Forsyth County Area and by utilizing minority and women contractors and service providers. Such efforts to stimulate the local economy may be accomplished by posting job vacancies with the North Carolina Employment Security Commission, the Piedmont Triad Regional Council of Governments, and the Winston-Salem Urban League; and utilizing the State of North Carolina Office for Historically Underutilized Business database https://evp.nc.gov/vendors/ or other local resources, such as the City of Winston-Salem M/WBE Program, to identify Winston-Salem/Forsyth County based contractors and subcontractors. Stimulation of the local https://www.cityofws.org/820/Procurement-Guidelines https://evp.nc.gov/vendors/

RFQ24285 City Yard Diesel Fuel Recovery Project Page 8 of 23 economy requires a collaborative effort of both the public and private sector. The City is committed to taking reasonable steps to achieve said goal.

Iran Divestment Act Provider hereby certifies that it is not on the North Carolina State Treasurer’s list of persons engaging in business activities in Iran, prepared pursuant to NCGS 147-86.58, nor will Provider utilize on this agreement any subcontractor on such list.

Divestment from Companies that Boycott Israel Contractor hereby certifies that it is not on the North Carolina State Treasurer’s list of companies engaged in a boycott of Israel in violation of NCGS 147-86.80 et. seq. and that it will not utilize on this agreement any subcontractor on said list.

E-Verify Compliance Per N.C.G.S. 143-133.3, CONTRACTOR shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further, if the CONTRACTOR utilizes a subcontractor, the CONTRACTOR shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes.

Right to Audit To confirm compliance with the terms of this Agreement, the City's MWBE program, local, state, and federal laws and regulations, the City may, at all reasonable times upon reasonable prior notice during usual business hours, inspect, audit and examine for a period up to five (5) years after completion of the service or project detailed in this Agreement, all accounts and books of Contractor and, where necessary, make copies of the Contractor's documents necessary to determine compliance. Such right may be exercised through any agent or employee of City or by independent certified public accountants designated by the City. The Contractor shall permit the aforementioned inspection, audit and examination, and where necessary, the City to make copies of documents verifying compliance as indicated herein.

Qualifications Pursuant to N.C.G.S. Chapter 55 Article 15 entitled Foreign Corporations, the successful bidder, if bidding on behalf of a corporation or LLC, must have on file with the Secretary of State of the State of North Carolina a Certificate of Authority to transact business in this state. If bidding on behalf of a sole proprietorship or business under an assumed name, the successful bidder must be registered as such with the Forsyth County Register of Deeds. Submission of a bid while not in compliance with this requirement will result in the bid being rejected as non-responsible.

Termination Unless otherwise agreed upon in writing by the parties, this Agreement may be terminated by either party for convenience with no less than ten (10) calendar days’ notice. In the event of termination, the Contractor will be paid for all Services properly rendered to the date of termination and shall promptly discontinue all Services affected (unless a termination notice from the City directs otherwise). In the event of any termination, the Contractor will be paid for all Services properly rendered to the date of termination and shall (i) promptly discontinue all Services affected (unless a termination notice from the City directs otherwise); and (ii) deliver to the City all documents, data, reports, estimates, summaries, and such other information and materials as may have been accumulated by the Contractor in performing the Services herein. Other than being paid for Services properly rendered to the date of termination, Contractor hereby waives any and all other claims for lost profits, lost opportunity, and for any and all other direct, indirect, special, and consequential damages. In the event that the City terminates this Agreement due to the Contractor’s poor workmanship, failure to perform the Service set out herein or, otherwise, for breach of this Agreement, or in the event that the Contractor terminates this Agreement for convenience or otherwise, the City may pursue and recover all remedies available at law or in equity, as these remedies are cumulative and do not exclude each other.

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IMPORTANT: Winston-Salem City Code (Chapter 2, Article 1, Sec. 2-3) provides that the City may disqualify any business from bidding on contracts of the City if a business fails to perform satisfactorily on past or current projects

Nondiscrimination Ordinance As a condition of entering into this contact, the Contractor represents and warrants that it will fully comply with the City's Non-Discrimination Policy, as set forth in Chapter 2, Section 2-8 Entitled “Policy of Nondiscrimination” of the Winston-Salem City Code. As part of such compliance, the Contractor shall not discriminate on the basis of race, ethnicity, color, creed, religion, sex, sexual orientation, gender identity, gender expression, pregnancy, veteran status, disability, age, marital status, familial status, protected hairstyle, political affiliation or national origin in the screening of applicants, the hiring and treatment of its employees, the provision of the goods and/or services set forth herein, or the solicitation, selection, hiring, or treatment of its subcontractors, vendors or suppliers, (hereinafter collectively “subcontractors”), if any, in connection with this contract or the contract solicitation process if applicable, nor shall the Contractor retaliate against any person or entity for reporting instances of such discrimination. The Contractor shall enact employment policies consistent with this obligation to refrain from such discrimination and shall provide evidence of such to the City within 90 calendar days of the first receipt of City funds. The Contractor shall provide equal opportunity for subcontractors to participate in all of its subcontracting and supply opportunities, if any, under this contract, provided that nothing contained in this clause shall prohibit or limit otherwise lawful efforts to remedy the effects of marketplace discrimination that has occurred or is occurring in the marketplace. The Contractor understands and agrees that a violation of this clause shall be considered a material breach of this contract and may result in termination of this contract, disqualification of the Contractor from participating in future City contracts pursuant to Winston- Salem City Code Section 2-3 or other sanctions. Furthermore, as a condition of entering into this contract, the Contractor agrees to: (a) promptly provide to the City in a format specified by the City all information and documentation that may be requested by the City from time to time regarding the screening of applicants, the hiring and treatment of its employees particularly if City funds were used in connection with hiring and compensation process, and the solicitation, selection, treatment and payment of subcontractors, if any, in connection with this Agreement; and (b) if requested, provide to the City within sixty days after the request a truthful and complete list of the names of all subcontractors that the Grantee has used under this contract, including the total dollar amount paid by the Contractor on each subcontract or supply contract. The Contractor further agrees to fully cooperate in any investigation conducted by the City pursuant to the City’s Nondiscrimination Policy, to provide any documents, relevant to such investigation, that are requested by the City. The Contractor agrees to provide to the City from time to time on the City’s request, payment affidavits detailing the amounts paid by the Contractor to subcontractors and suppliers in connection with this contract within a certain period of time. Such affidavits shall be in the format specified by the City from time to time. Nothing in this contract shall negate or diminish the requirements of the City’s MWBE program. Nothing in this contract shall infringe upon any rights afforded to the Contractor by state or federal law.

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SPECIAL INSTRUCTIONS FOR PROFESSIONAL SERVICES REGARDING COMPLIANCE

WITH THE CITY OF WINSTON-SALEM’S MINORITY AND WOMEN BUSINESS

ENTERPRISE (M/WBE) PROGRAM

Policy It is the policy of the City of Winston-Salem and/or the Winston-Salem/Forsyth County Utility Commission (an agency of the City of Winston-Salem), that minority and women-owned business enterprises shall have an equal opportunity to participate in the performance of contracts financed in whole or in part with City and/or Commission funds.

Obligation of Proposers Proposers agree to use their best efforts to comply with all the terms and conditions of the City of Winston- Salem’s and/or Winston-Salem/Forsyth County Utility Commission’s Minority and Women Business Enterprise (M/WBE) Program, as the same may be amended from time to time, through the award of subcontracts to minority and women-owned business enterprises and utilization of minority and women-owned business enterprise suppliers to the fullest extent consistent with the efficient performance of this contract. As used in this contract, the term “minority and women business” shall mean a company that is 51% or more owned and controlled by minority group members or women.

A 10% goal for participation by minority and women-owned businesses has been established for this service. A proposer may meet this goal through the participation of M/WBE sub-consultants, through his/her own performance on the project if the proposer is a certified minority/woman-owned firm, or through demonstrating a good faith effort to meet the M/WBE participation goal. If it is the normal practice of the proposer to perform all elements of this type of service with its own workforce and without the use of sub-consultants, the proposer must certify, by the submission of Affidavit B, that if they do employ any sub-consultants during the contract, that they will be subject to the M/WBE goals original established for this service. The utilization of M/WBE firms accounts for 20% of the evaluation and scoring, and will not be allocated to proposals in which an Affidavit B is submitted.

Firms are highly encouraged to consider any and all possibilities for M/WBE participation. A complete list of firms certified by the State of North Carolina Office for Historically Underutilized Businesses (HUB) can be found here: https://evp.nc.gov/vendors. The 10% M/WBE goal may be satisfied by an entity that qualifies as a Minority Business Enterprise under N.C. General Statue 143-128, and that has been certified by the State of North Carolina’s Office for Historically Underutilized Businesses and must be HUB certified at the time the proposal is submitted. If an entity is certified as a Minority Business by a state other than North Carolina, proof of certification must be submitted with the proposal.

During the course of the contract successful consultant will be required to submit Minority Documentation for Contract Payments, Affidavit F, with each monthly pay application. Final payment will be withheld until the consultant completes and submits an Affidavit of Payment to M/WBE Sub Consultants. The City, however, at its discretion may require additional periodic reports. Final payment will be withheld until the goal percentages for M/WBE participation, previously agreed to by the successful consultant, have been confirmed by the City and/or Commission. For professional and other service contracts, where the consultant/bidder did not meet the M/WBE requirements of a previous contract, and failed to demonstrate a good faith effort to do so, said consultant/bidder will receive a deduction or adjustment for non-compliance in the evaluation of any proposal/bid submitted subsequent thereto.

**READ CAREFULLY**

MWBE DOCUMENTATION- Firms are required to include the following documentation with the proposal. Failure to do so will render your proposal as non-responsive:

• Identification of Minority Business Participation- must be submitted with your letter of interest if your firm will employ any sub-consultants on this project; and https://evp.nc.gov/vendors

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• Affidavit A- Listing of Good Faith Efforts; or

• Affidavit B- Intent to Perform Contract with Own Workforce, if the proposer intends to perform

100% of the work required for the contract without the use of sub-consultants.

• Subcontractor/Supplier Utilization Form- List all non-M/WBE subcontractors and suppliers that you intend to use on this contract.

Additional M/WBE Forms- To be utilized by the firm that is awarded the contract with the Owner

• Affidavit E- Minority Utilization Commitment Form

• Affidavit F- Minority Documentation for Contract Payments, M/WBE Replacement Request Form, and the Final Affidavit of Payment to M/WBE Sub-consultants.

**READ CAREFULLY**

It is mandatory that the Identification of Minority Business Participation form and Affidavit “A” Listing of Good Faith Efforts be properly completed and notarized as defined in the document specifications and submitted with the Bid/Proposal (unless the prime consultant/contractor intends to perform 100% of the work with Own Workforce and properly executes Affidavit B). If the proposer is a certified M/WBE firm and will be performing less than 100% of the work, then the proposer should indicate the percentage/dollar amount that they will perform, in addition to the remaining work performed by other M/WBE firms.

The Identification of Minority Business Participation form must include all M/WBE firms to be used on this project and the total percentage of the proposal that will be performed by businesses who will be subcontractors, vendors, or suppliers on this project. Additional information such as business phone number, work types, city/state, and minority category are important and useful. Failure to list, at a minimum the business name and the total percentage and/or dollar amount of firms contracting will render your proposal as non-responsive and will not be considered for award. If the proposer has no minority participation, they shall indicate this by entering the word “none” or the number “0.”

The Affidavit B Intent to Perform Contract with Own Workforce form must be executed with the Proposal/Bid only if the prime consultant/contractor intends to perform 100% of the work required for the proposal/contract without the use of sub consultants. If the prime consultant/contractor is an M/WBE firm, they must indicate such on Affidavit B in order to receive the full 20% credit during the evaluation.

Actual participation achieved or offered shall not be determinative on the issue of good faith efforts.

Further, if other factors, other than factors (a) through (g) listed on Affidavit A, are considered, they may be used to credit the contractor’s good faith efforts, but not to discredit them.

In accordance with the Minority Utilization Commitment Form “Affidavit E”, no sub consultant/subcontractor who is identified and listed on Affidavit E may be replaced with a different sub consultant/subcontractor unless:

A) the sub consultant/subcontractor’s proposal/bid is later determined by the prime consultant/contractor to be non-responsible or non-responsive, or the listed sub consultant/subcontractor refuses to enter into a contract for the complete performance of the work, or

B) With the approval of the City of Winston-Salem M/WBE office for the good cause demonstrated. Prior to substituting a sub consultant/subcontractor, the prime consultant/contractor shall identify the substitute sub consultant/subcontractor and inform the City of Winston-Salem M/WBE office of its good faith efforts; including the MWBE Replacement Request Form.

Questions or inquires relative to the City of Winston-Salem’s Minority and Women Business Enterprise (M/WBE) Program must be directed to Gwendolyn Teal, Diversity Compliance Specialist at gwendolynt@cityofws.org or phone 336-747-7459.

mailto:gwendolynt@cityofws.org

RFQ24285 City Yard Diesel Fuel Recovery Project Page 12 of 23

***MUST BE SUBMITTED WITH PROPOSAL***

(unless the consultant intends to perform 100% of the work with Own Workforce)

IDENTIFICATION OF MINORITY BUSINESS PARTICIPATION

(Name of Project) I, (Name of Proposer) do hereby certify, as ____________________________________________(insert title and name of company) that on this project, _______________________________(insert name of company) will use the following M/WBE firms as consultants. A proposer may meet the 10% goal through the participation of M/WBE sub-consultants and/or through their own performance on the project if the proposer is a certified minority and/or woman-owned firm.

The Proposer shall identify on its proposal the M/WBE firms to be used on this project as subcontractors, vendors, or suppliers and the total percentage of the proposal that will be performed by each minority business. Failure to list, at a minimum, the minority firm business name and the total percentage of M/WBE firms contracting will render your proposal as non-responsive and will not be considered for award. If the Proposer has no minority participation, they shall indicate this on the table below by entering the word “None” or the number “0.”

Blank forms will not be deemed to represent zero participation.

Minority Firm Name Phone Number

City-State

Minority Category*

Type of Work

Percent of Project Work

* Minority Categories: Black, African American (B), Hispanic (H), Asian American (AA), American Indian (AI), Female (WF), Socially and Economically Disadvantaged (SE), and Disabled (D).

The total percentage of M/WBE firms contracting will be _________________%

RFQ24285 City Yard Diesel Fuel Recovery Project Page 13 of 23

***MUST BE SUBMITTED WITH PROPOSAL***

(Unless the prime consultant intends to perform 100% of the work with Own Workforce)

AFFIDAVIT A: GOOD FAITH EFFORTS

Project: ___________________________________________________________________________

A 10% goal for participation by minority/women owned businesses has been established on this proposal.

A proposer may meet this goal through the participation of M/WBE sub-consultants and/or through their own performance on the project if the proposer is a minority/woman-owned firm. Please list below all M/WBE firms to be used on this proposal.

Affidavit of: ______________________________________________________________________ (Name of Proposer)

I hereby do certify that this documentation is a true and accurate representation of my MWBE participation and my good faith efforts. (Attach additional sheets if required).

City-State Phone

Number Minority

Category* Type of Work

Percent of Project Work

*Minority Categories: Black, African American (B), Hispanic (H), Asian American (AA), American Indian (AI), If the established 10% goal for participation by minority/women owned businesses is not achieved, the proposer must provide, with the proposal, the following documentation to the Owner of their Good Faith Efforts to meet the goals set forth in these provisions.

Examples of documentation include, but are not limited to, the following evidence:

Description Points Awarded Points

___ (a) Did your firm advertise in general circulation, professional association, or minority focus media concerning subcontracting opportunities? NOTE: A consultant must advertise in all three mediums to receive full value for this item).

15 ________

___ (b) Did your firm provide written notice to a reasonable number of specific M/WBE firms that their interest in the contract is being solicited, at least 10 days before proposals are due to allow M/WBE firms time to participate? Please provide a copy of the solicitations sent to at least 3 minority firms from the source list provided by the owner for each subcontract to be let under this contract (if 3 or more firms are shown on the source list). Each solicitation shall include a specific description of the work to be subcontracted, location where the RFP can be reviewed, and name of representative of the lead consultant.

RFQ24285 City Yard Diesel Fuel Recovery Project Page 14 of 23

GOOD FAITH EFFORTS (continued)

Description Points Awarded Points

___ (c) Did you follow up initial solicitation of interest by contacting M/WBE firms to determine with certainty whether the M/WBE firms are interested? Please include telephone log of follow up calls you made to confirm interest.

10 ________

___ (d) How did your company identify and select portions of the work to be performed by M/WBE firms in order to increase the likelihood of M/WBE participation? Please provide a copy of documentation where this information was included.

___ (e) Did you follow up initial solicitation of interest by contacting M/WBE firms to determine with certainty whether the M/WBE firms are interested? Please include telephone log of follow up calls you made to confirm interest.

___ (f) How did your company identify and select portions of the work to be performed by M/WBE firms in order to increase the likelihood of M/WBE participation? Please provide a copy of documentation where this information was included.

___ (g) Did your company provide quick pay agreements and policies to enable minority contractors and suppliers to meet cash flow demands?

What procedures were initiated to fulfill this requirement and how were the M/WBE firms informed of this assistance?

Evidence of implementation from previous projects in the past 5 years can be submitted. Note: A proposer can receive up to 5 points for offering; 10 points for implementation.

Total Points _90_ ________

NOTE: A proposer must accumulate at least 55 points to demonstrate a “Good Faith Effort” was made.

Partial points may be awarded when the complete requirement of an item is not met.

RFQ24285 City Yard Diesel Fuel Recovery Project Page 15 of 23

GOOD FAITH EFFORTS (continued)

Identification of Minority Business Participation & Good Faith Effort Notarization Date: Name of Officer:

Signature

Title

State of North Carolina, County of Subscribed and sworn before me this day of , 20 .

Notary Public: My commission expires:

SEAL

RFQ24285 City Yard Diesel Fuel Recovery Project Page 16 of 23

*** MUST BE SUBMITTED WITH PROPOSAL ***

SUBCONTRACTOR/SUPPLIER UTILIZATION FORM

List below all non-M/WBE subcontractors and suppliers that you intend to use on this contract. NOTE: you will only receive credit for certified minority or woman-owned firms. If the Proposer has no non-M/WBE participation, they shall indicate this on the table below by entering the word “None” or the number “0.” Blank forms will not be deemed to represent zero participation and failure to fill in the blank will cause your bid to be deemed non-responsive.

Name of Project: ___________________________________________________________________

Name of Consultant: ________________________________________________________________

Firm Name & Phone Number

City-State Type of Work Percent of Project Work

RFQ24285 City Yard Diesel Fuel Recovery Project Page 17 of 23

MUST BE SUBMITTED WITH PROPOSAL, IF APPLICABLE

AFFIDAVIT B

INTENT TO PERFORM CONTRACT WITH OWN WORK FORCE

County of

Affidavit

(Name of Firm)

I, hereby, certify that it is the intent of the aforesaid firm to perform 100% of the work required for the contract:

In making this certification, the Proposer states:

• That the proposer does not customarily subcontract elements of this type project,

• Normally performs, has the capability to perform, and will perform all elements of the work on this project with his/her own current work force, and

• Agrees to provide any additional information or documentation requested by the City of

Winston-Salem in support of the above statement.

The following information is requested and may be used during the proposal evaluation process.

Bidder certifies that:

We ( ) are a Historically Underutilized Business (HUB) certified by the State of North Carolina.

We ( ) are a minority business enterprise We ( ) are not a minority business enterprise If yes, please identify in the appropriate box below:

( ) Black ( ) Hispanic ( ) Asian American ( ) American Indian ( ) Female ( ) Socially and Economically Disadvantaged ( ) Disabled

*Minority Categories: Black, African American (B), Hispanic (H), Asian American (AA), American Indian (AI), Female (WF), Socially and Economically Disadvantaged (SE), and Disabled (D).

In the event the Proposer does not self-perform 100% of the work, the contract will be subject to the M/WBE goals originally established for this project, as well as, good faith efforts and documentation requirements of this program. The utilization of M/WBE firms accounts for 20% of the evaluation and scoring, and will not be allocated to proposals in which an Affidavit B is submitted. A proposer may meet the 10% goal through the participation of M/WBE sub consultants and/or through their own performance on the project if the proposer is a certified minority and/or woman owned firm.

RFQ24285 City Yard Diesel Fuel Recovery Project Page 18 of 23

AFFIDAVIT B CONTINUED

The undersigned hereby certifies that he/she has read this certification and is authorized to bind the Proposer to the commitments herein contained.

Date: _____________ Name of Officer:

Title

State of North Carolina, County of Subscribed and sworn before me, This day of , 20 _.

Notary Public My commission expires ___________

RFQ24285 City Yard Diesel Fuel Recovery Project Page 19 of 23

AFFIDAVIT “E”

MINORITY UTILIZATION COMMITMENT FORM

Project:

Affidavit of:

Within thirty (30) days after award of contract, the Proposer shall file Affidavit E identifying all M/WBE subcontractors for use on this project. No subcontractor who is identified and listed on this form may be replaced, substituted, or supplemented; nor can their scope of work be modified to include a different subcontractor unless:

(a) Subcontractor's bid is later determined by the Proposer to be non-responsible or non-responsive, or the listed Subcontractor refuses to enter into a contract for the complete performance of the bid work, or

(b) With the approval of the City of Winston-Salem M/WBE Office for good cause demonstrated.

Good Faith Efforts as set forth in the Special Instructions to Proposers shall apply to the selection of a substitute Subcontractor. Prior to substituting a Subcontractor, the Proposer shall identify the substitute Subcontractor and inform the City of Winston-Salem…