RFQ Document-CCT Building Expansion Project.docx

Columbus County Transportation/County of Columbus

Columbus County Transportation/County of Columbus

October 3, 2024 RE: Request for Qualifications Architectural/ Engineering/ Design Services

· Columbus County Transportation Expansion Project

To Whom It May Concern:

Columbus County Transportation/County of Columbus is seeking qualified firms to provide architectural and engineering services for the expansion and renovation of the Columbus County Transportation facility located at 290 Legion Dr. in Whiteville, North Carolina. Attached you will find a “Request for Qualifications”, which identifies the Project anticipated to be undertaken by Columbus County Transportation/County of Columbus during the contracted period.

In order to be considered, all responses must be submitted in writing no later than 2:00 PM (EST) on November 4, 2024. Firms mailing responses should allow delivery time to ensure a timely receipt of their proposals. The responsibility for getting the responses to the Columbus County Transportation Office on or before the specified time and date is solely, and strictly the responsibility of the responding firm. The Columbus County Transportation/County of Columbus will in no way be responsible for delays caused by any occurrence.

Firms providing responses shall be responsible for complying with North Carolina Laws and local ordinances as well as abiding by the Federal & State Requirements & Special Conditions for Professional & Architectural & Engineering Services attached as Appendix A. Columbus County Transportation/County of Columbus reserves the right to waive any informalities, to reject any and all responses to the Request for Qualifications, and to accept any responses which in its opinion may be in the best interest of Columbus County Transportation/County of Columbus.

No responses to the Request for Qualifications will be received or accepted after 2:00 PM, EST, November 4, 2024. Late qualification packages will be deemed invalid and returned unopened to the firm.

Responses may be hand delivered or mailed to:

Columbus County Transportation Attn: Joy Jacobs 290 Legion Dr Whiteville, NC 28472 Thank you, Joy Jacobs, Columbus County Transportation Director

REQUEST FOR QUALIFICATIONS

ARCHITECTURAL DESIGN SERVICES

I. OVERVIEW

Columbus County Transportation/County of Columbus is inviting interested architectural design/consulting/engineering firms, licensed in the State of North Carolina, to submit their qualifications for consideration to provide professional architectural/engineering/consulting/planning/renovation phase services for the expansion and renovations of the current Columbus County Transportation Facility.

The county will evaluate respondents based on their qualifications, experience, capabilities and any prior work experience related to this type of project.

II. SCOPE OF SERVICES

The proposed action would include adding approximately 789 square feet to the end of our existing structure. This space will be for 2 offices, a bathroom, kitchen and storage room. Additionally, we will be moving a door on the current ladies’ room to another wall to allow access to the public waiting for the Greyhound bus.

This addition will provide 2 more offices for staff to provide additional privacy and help with noise levels in our work area. It will also provide a breakroom for staff to use when training is going on in the current conference/training room. The breakroom will include a table & chairs, refrigerator, microwave and stove as well as cabinets for storage and lockers for the drivers. We are in need of more storage space as well and would like to provide a public restroom for the people getting on and off the Greyhound bus that uses our facility as a bus stop. The storage room will have file cabinets and shelves. This expansion will also allow us to have an exit door on this end of our building to help in case of emergencies.

In the process of this construction there is some shrubbery that will need to be taken up and our fence will have to be moved. We also have cameras on our building and at least one will have to be moved and an additional one installed on the inside. The camera monitoring equipment will also need to be moved from the current office to the office at the end of the building.

All NEPA requirements for this project have been met so no further action is needed for that.

In addition, the awarded firm may be asked to provide periodic presentations of the project status to the Columbus County Board of Commissioners, using virtual technology, when requested by the County Manager or Transportation Director.

A. ARCHITECT/ENGINEER/CONSULTING SCOPE OF SERVICES

At a minimum the services provided by the awarded firm shall include, but not limited to: Building design narrative and drawings for an addition to an existing transit facility, design development, schematic design, construction documents, specifications and drawings, permitting, bidding, and construction administration.

Columbus County Transportation/County of Columbus is considering the services of a Project Manager/Construction Manager at Risk. If a Project Manager is used, they will serve as an integral team member from the inception to the programing and design efforts. Furthermore, they shall be used, in conjunction with the design team, as the cost estimator and/or project scheduler. The Architect will coordinate and cooperate fully with the Project Manager. Initial planning cost estimates shall be provided by the Architect.

III. SUBMISSION

A. Submittals: Submit five (5) hard copies, marked “Columbus County Transportation Expansion Project”. Submittals will be received no later than 2:00 PM EST, on November 4, 2024 at the Office of Columbus County Transportation, 290 Legion Dr., Whiteville, NC 28472.

B. Qualification packages may be hand-delivered or mailed. If the submittal is sent by mail or commercial express, the Respondent shall be responsible for actual delivery of the qualification package to the proper County office before the deadline. All submittals become property of Columbus County Transportation/County of Columbus. Request for Qualification packages will not be accepted via fax machine or internet e-mail.

C. Label the outside of submitted Qualifications Packages with RFQ Columbus County Transportation/County of Columbus and proposal subject:

“Columbus County Transportation Expansion Project”.

IV. PREPARATION

A. Firms are to submit qualification packages which present their qualifications and understanding of the services to be performed. Emphasis should be placed on completeness of services offered and clarity of content. All submittals should be complete and carefully worded and must convey all of the information requested by Columbus County Transportation/County of Columbus. If errors or exceptions are found in the firm’s qualification package, or if the package fails to conform to the requirements of the RFQ, Columbus County Transportation/County of Columbus will be the sole judge as to whether that variance is significant enough to reject the firm’s submittal.

B. Qualification packages should be prepared simply and economically. All data, materials, and documentation shall be available in a clear, concise form. Columbus County Transportation/County of Columbus does not expect nor will any more favorable consideration be given to submittals with fancy covers or binding, color photographs, sample plans, non-pertinent information on other accomplishments of the firm which have no direct bearing on these projects, resumes of individuals who will not be engaged in the work, or pages of other non-projected related material. Brevity will be appreciated. Submittals shall be limited to 20 pages, double sided 8 ½ x 11, minimum 11-point font. Covers and dividers do not count in the page count.

C. All submittals shall provide a straight forward, concise description of firm’s ability to satisfy the requirements of the RFQ.

D. In addition to the transmittal letter, the Non-Collusion Affidavit must be signed by a principal of the firm or an officer of the corporation duly authorized to bind the corporation.

E. The firm is solely responsible for all costs and expenses associated with the preparation of the submittal.

F. Qualification Packages must be made in the official name of the individual, firm, or corporation under which the business is conducted (showing official business address) and must be signed in ink by a person duly authorized to legally bind the business entity submitting the qualification.

V. GENERAL TERMS AND CONDITIONS

A. NON-COLLUSION AFFIDAVIT

Each qualification package must be accompanied by a notarized affidavit on non-collusion, executed by the firm or in the case of a corporation, by a duly authorized representative of said corporation. The Non-Collusion Affidavit is provided herein.

B. ADDENDA/CHANGES

Any interpretation, correction or change of this RFQ will be made by Addendum. Addenda will be mailed or delivered to all who are known by the County Administration to have received a complete set of RFQ documents. It is the responsibility of the firm to ensure that all Addenda were received.

C. QUESTIONS

Questions concerning this RFQ should be sent by October 24, 2024 and directed to:

Only written questions will be considered formal. Any information given by telephone will be considered informal. Any questions that Columbus County Transportation/County of Columbus feels are pertinent to all proposers will be mailed as an addendum to the RFQ. Fax and e-mail messages will be treated as written questions.

D. PROPRIETARY INFORMATION:

Trade secrets or proprietary information submitted by a firm in connection with a procurement transaction shall not be subject to the public disclosure under the North Carolina Public Records Act pursuant to NC General Statutes §66-152(3). However, the firm must invoke the protection of this section prior to or upon submission of the data or other materials, and must identify the data on other materials to be protected and state the reasons why protection is necessary.

Each individual page considered a trade secret or proprietary information must be labeled “Confidential” in the top right corner.

E. MINORITY BUSINESSES

Columbus County Transportation/County of Columbus encourages all businesses, including DBE, minority, and women-owned businesses to respond to all Request for Qualifications.

F. AWARD/CONTRACT TIME

No part of this solicitation is to be considered part of a contract nor are any provisions contained herein to be binding of Columbus County Transportation/County of Columbus.

Award shall be made to the responsible firm(s) whose qualifications are determined to be the most advantageous to Columbus County Transportation/County of Columbus, taking into consideration the evaluation factors set forth in the RFQ. Columbus County Transportation/County of Columbus intends to enter into a contract with one firm to provide the various professional services required.

Columbus County Transportation/County of Columbus anticipates award of the construction contract in December 2024 with all work, architectural, design, and construction to be completed in an expedited manner. The detailed Scope of Work and schedule of deliverables shall be negotiated with the successful firm.

G. CONTRACT DOCUMENT

The successful firms will be required to enter into a design services agreement approved by AIA.

H. SUBCONSULTANTS

If any sub consultants will be used for the various projects, the successful firm shall provide to the Director a list of names of any of the intended sub consultants, their applicable license number(s) and a description of the work to be done by each sub consultant.

The successful firm shall not substitute other sub consultants without the written consent of the Columbus County Transportation/County of Columbus.

The successful firm shall be responsible for all services performed by a sub-engineer as though they had been performed by the successful firm. Responsibilities include, but are not limited to, compliance with applicable licensing regulations.

If at any time the Columbus County Transportation/County of Columbus determines that any sub-consultant/engineer/designer is incompetent or undesirable, Columbus County Transportation/County of Columbus shall notify the successful firm accordingly, and the successful firm shall take immediate steps for cancellation of the subcontract and replacement.

Nothing contained in any contract resulting from this RFQ shall create any contractual relationship between any sub-consultant/engineer/designer and Columbus County Transportation/County of Columbus.

It shall be the successful firm’s responsibility to ensure that all terms required in the attached contract are incorporated into all subcontracts.

I. INSURANCE

The contracted firm shall purchase and maintain and shall cause each of its sub-consultants/engineers/designers to purchase and maintain during the term of this Agreement and for a period of three years after termination of this Agreement, the following insurance policies with the limits set forth herein: Workers Compensation; Commercial General Liability; Automobile Liability; and Professional Liability Insurance.

All Insurance Companies must be authorized to do business in North Carolina. The minimum insurance ratings for any company insuring the Consultant shall be AM Best “A/VII” or better; or have reasonable equivalent financial strength to the satisfaction of the County’s Finance Officer. Should the ratings of any insurance carrier insuring the Consultant fall below the minimum rating, Columbus County Transportation/County of Columbus may, at its option, require the contracted firm to purchase insurance from a company whose rating meets the minimum standard. Proof of rating shall be provided to Columbus County Transportation/County of Columbus upon request.

VI. STATEMENT OF QUALIFICATIONS REQUIREMENTS

Interested firms desiring to provide services should include the following with its Statement of Qualifications:

VII. EVALUATION PROCESS:

Following the deadline for submittal of qualifications, a review of the submitted qualification packages will be performed by Columbus County Transportation/County of Columbus. Submittals will be reviewed, analyzed, and ranked based on their response to the information requested.

Columbus County Transportation/County of Columbus shall select from among the firm(s) deemed most qualified to provide the required services. At the discretion of Columbus County Transportation/County of Columbus, the discussions with the firm(s) may consist of written questions and responses, and/or personal interviews with members of the firm(s). If personal interviews are required by Columbus County Transportation/County of Columbus, the persons proposed to be responsible for performing the work required herein shall attend the interview. If requested, firms should be prepared to submit financial status information, which shall be held in confidence.

Columbus County Transportation/County of Columbus will negotiate a lump sum fee for the services and a rate schedule to be utilized for additional services and contingent additional services with the most qualified firm at a compensation which is considered to be fair and reasonable to the county. These rates shall include all disciplines (example: architect, project manager, engineers, consultants, administrative staff, etc.). In making this decision, Columbus County Transportation/County of Columbus will take into account the established value, general scope, the complexity, and the professional nature of the services to be rendered. Should Columbus County Transportation/County of Columbus be unable to negotiate a satisfactory contract with the firm considered to be most qualified, negotiations with that firm shall be formally terminated.

Negotiations will then proceed with the remaining ranked firms in the same manner until an agreement is reached, unless it is determined by the committee that it is in the best interest of Columbus County Transportation/County of Columbus that the process be terminated or modified.

Columbus County Transportation and the County of Columbus reserves the right to reject any and/or all submittals, and to waive defects, technicalities and/or irregularities in any submittal. Columbus County Transportation/County of Columbus reserves the right to finalize a contract with one firm based on all factors involved in the written qualification submittal without further discussion or interviews.

RESPONDER’S CERTIFICATION FORM

I have carefully examined the Request for Qualifications, the sample Design Services Agreement for professional services and any other documents accompanying or made a part of this Request for Qualification.

I hereby propose to furnish the professional consultant services for Columbus County Transportation/County of Columbus in accordance with the instructions, terms, conditions, and requirements incorporated in this Request for Qualification. I certify that all information contained in this response is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this response on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract.

NAME OF FIRM: ______________________________________________________________

BY: (printed name) _____________________________________________________________

SIGNATURE: _________________________________________________________________

MAILING ADDRESS: ___________________________________________________________

CITY/STATE/ZIP CODE: ________________________________________________________

TELEPHONE NUMBER: ________________________________________________________

FAX NUMBER: _______________________________________________________________

ACKNOWLEDGEMENT OF ADDENDA

Responder hereby acknowledges receipt of all Addenda through and including:

NON-COLLUSION AFFIDAVIT

State of North Carolina County of Columbus RFQ-Columbus County Transportation _______________________________________, being first duly sworn, deposes and says that:

3. Such response is genuine and is not a collusive or sham response;

NOTARIZE

Subscribed and sworn to before me, This _______________ day of ____________________, 20_____ Notary Public _________________________________________ My Commission Expires: _________________________________

STATE OF NORTH CAROLINA

AFFIDAVIT

COUNTY OF COLUMBUS

NOW COMES Affiant, first being sworn, deposes and says as follows

1. I have submitted a bid for contract or desire to enter into a contract with Columbus County Transportation/County of Columbus;

2. As part of my duties and responsibilities pursuant to said bid and/or contract, I attest that I am aware of and in compliance with the requirements of E-Verify, Article 2 of Chapter 64 of the North Carolina General Statutes, to include (mark which applies):

3. As part of my duties and responsibilities pursuant to said bid and/or contract, I attest that to the best of my knowledge any subcontractors employed as a part of this bid and/or contract are in compliance with the requirements of E-Verify, Article 2 of Chapter 64 of the North Carolina General Statutes, to include (mark which applies):

This the ____________ day of _______________,20______.

Affiant

Sworn to and subscribed before me, this the ________ day of _________, 20___.

[OFFICIAL SEAL]

_____________________, Notary Public My Commission Expires: _______________

Appendix A

FEDERAL AND STATE REQUIREMENTS AND SPECIAL CONDITIONS

for PROFESSIONAL and ARCHITECTURAL & ENGINEERING SERVICES

1. General

The work performed under this contract will be financed, in part, by grants provided under programs of the Federal Transit Administration. Citations to federal law, regulation, and guidance references include, but are not limited to, the Master Agreement FTA MA (21), dated October 1, 2014, FTA Circular 4220.1F, dated November 1, 2008; "Best Practices Procurement Manual", updated March 13, 1999 with revisions through October 2005; Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards,”, 2 C.F.R part 1201, dated December 19, 2014, will supersede and apply in lieu of U.S. DOT’s common grant rules, 49 C.F.R. parts 18 and 19, State and Local Governments and Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations and any subsequent amendments or revisions thereto.

THE FOLLOWING MAY BE USED SYNONYMOUSLY:

“BIDDER” AND “CONTRACTOR”

“PURCHASER”, “PROCURING AGENCY” AND “OWNER”

2. Federal Changes

Contractor shall at all times comply with all applicable Federal Transit Administration (FTA) regulations, policies, procedures and directives, including without limitation those listed directly or by reference in the Master Agreement between Purchaser and FTA, as they may be amended or promulgated from time to time during the term of this contract. Contractor's failure to so comply shall constitute a material breach of this contract.

FTA’s new authorizing legislation, MAP-21 made significant changes to FTA’s public transportation programs. FTA has determined that:

(1) MAP-21 requirements apply to:

a. New grants and cooperative agreements for which FTA awarded FY 2013 or a later fiscal year funds appropriated or made available to carry out MAP-21 programs,

b. Amendments to existing grants and cooperative agreements for which FTA awarded funds made available or appropriated to carry out MAP-21 programs, and

c. All “recoveries” funds FTA awards, irrespective of the fiscal year for which those funds were appropriated,

(2) Fiscal Year 2012 and previous fiscal year funding requirements apply as follows:

a. In some instances, as determined by FTA, previous program requirements apply or will apply to grants and cooperative agreements for which FTA awarded Fiscal Year 2012 or a previous fiscal year funds, but

b. In other instances, as determined by FTA, MAP-21 program requirements (including MAP-21 “cross-cutting requirements” identified in section 49 of this Master Agreement) apply or will apply to grants and cooperative agreements for which FTA awarded Fiscal Year 2012 or a previous fiscal year funds.

3. Notification of Federal Participation

To the extent required by Federal law, the State of North Carolina agrees that, in administering any Federal assistance Program or Project supported by the underlying Grant Agreement or Cooperative Agreement, any request for proposals, solicitation, grant application, form, notification, press release, or other publication involving the distribution of FTA assistance for the Program or the Project that it will identify the FTA grant source by listing the Catalog of Federal Domestic Assistance Number of the program. The following FTA grant programs will be eligible to participate in this bid, 20.505, 20.507, 20.500, 20.513, 20.509, 20.516, 20.519, 20.521, 20.525, and 20.526. Federal funding assistance up to eighty (80%) percent may be provided.

4. Definitions

Third Party Agreement, in accordance with the Master Agreement unless FTA determines otherwise in writing, includes all of the following agreements, such as:

(1) Third party contracts,

(2) Leases,

(3) Third party subcontracts; and

(4) Other similar arrangements or agreements.

Third Party Participant, in accordance with the Master Agreement unless FTA determines otherwise in writing, includes all of the following participants, such as:

(1) Third party contractors,

(2) Lessees, (3)Third party subcontractors, and

(4) Other participants in the Project

5. Conflict of Interest

No employee, officer, board member, or agent of the Owner shall participate in the selection, award, or administration of a contract supported by Federal Transit Administration (FTA) funds if a conflict of interest, real or apparent, would be involved. Such a conflict would arise when the employee, officer, board member, or agent, any member of his or her immediate family, his or her partner, or an organization that employs, or is about to employ any of the above, has a financial or other interest in the firm selected for award.

6 Lobbying

Byrd Anti-Lobbying Amendment, 31 U.S.C. 1352, as amended by the Lobbying Disclosure Act of 1995, PL 104-65 (2 U.S.C. §1601, et seq.). Contractors who apply or bid for an award of $250,000 or more shall file the certification required by 49 CFR part 20, “New Restrictions on Lobbying.” Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S. C. 1352. Each tier shall comply with Federal statutory provisions or the extent applicable prohibiting the use of Federal assistance funds for activities designed to influence congress to a State legislature on legislation or appropriations, except through proper official channels. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are forwarded from tier to tier up to the recipient.

The requisite “Lobbying Certification” is included as ATTACHMENT A (attach Standard Form-LLL if necessary) and must be executed for contracts of $250,000 or more and prior to the award of the contract.

7. Civil Rights

(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. § 6101 et seq., section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. § 12101, and Federal transit law at 49 U.S.C. § 5332, the Contractor agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, national origin, sex, disability, or age, In addition, the Contractor agrees to comply with applicable Federal implementing regulations and other implementing requirements FTA may issue.

(a) The third party contractor and all lower tiers shall comply with all provisions of FTA Circular 4702.1 “Title VI Requirements and Guidelines for Federal Transit Administration Recipients”, issued October 1, 2012.

(2) Equal Employment Opportunity - The following equal employment opportunity requirements apply to the underlying contract:

(a) Race, Color, Religion, National Origin, Disability, Age, Sexual Origin, Gender Identity, or Status as a Parent - In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. § 2000e, Title VI of the Civil Rights Act, 28 C.F.R. § 50.3, and Federal transit laws at 49 U.S.C. § 5332, the Contractor agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000e note, and as further amended by Executive Order 13672, “Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity,” July 21, 2014, and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may in the future affect construction activities undertaken in the course of the Project. The Contractor agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, national origin, sex, or age. Such action shall include, but not be limited to, the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. In addition, the Contractor agrees to comply with any implementing requirements FTA may issue.

(b) Equal Employment Opportunity Requirements for Construction Activities. For activities determined by the U.S. Department of Labor (U.S. DOL) to qualify as “construction,” the Contractor agrees to comply and assures the compliance of each subcontractor at any tier of the Project, with all applicable equal employment opportunity requirements of U.S. DOL regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq., which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order No. 11246 Relating to Equal Employment Opportunity," 42 U.S.C. § 2000(e) note, and also with any Federal laws, regulations, and directives affecting construction undertaken as part of the Project.

(3) Nondiscrimination on the Basis of Age – The Contractor agrees to comply with all applicable requirements of the Age Discrimination Act of 1975, as amended, 42 U.S.C. §§ 6101 et seq., and with implementing U.S. Health and Human Services regulations, “Nondiscrimination on the Basis of Age in Programs or Activities Receiving Federal Financial Assistance, 45 C.F.R. Part 90, which prohibit discrimination against individuals on the basis of age.

The Age Discrimination in Employment Act (ADEA) 29 U.S.C. §§ 621 through 634 and with implementing U.S. Equal Employment Opportunity Commission (U.S. EEOC) regulations, “Age Discrimination in Employment Act,” 29 C.F.R. Part 1625, which prohibits discrimination against individuals on the basis of age.

(4) Nondiscrimination on the Basis of Sex - The Contractor agrees to comply with all applicable requirements of Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. §§ 1681 et seq., and with implementing U.S. DOT regulations, “Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance,” 49 C.F.R. Part 25, that prohibit discrimination on the basis of sex.

(5) Access for Individuals with Disabilities - The Contractor agrees to comply with 49 U.S.C. § 5301(d), which states the Federal policy that elderly individuals and individuals with disabilities have the same right as other individuals to use public transportation services and facilities, and that special efforts shall be made in planning and designing those services and facilities to implement transportation accessibility rights for elderly individuals and individuals with disabilities. The Contractor also agrees to comply with all applicable provisions of section 504 of the Rehabilitation Act of 1973, as amended, with 29 U.S.C. § 794, which prohibits discrimination on the basis of disability; with the Americans with Disabilities Act of 1990 (ADA), as amended, 42 U.S.C. §§ 12101 et seq., which requires that accessible facilities and services be made available to individuals with disabilities; and with the Architectural Barriers Act of 1968, as amended, 42 U.S.C. §§ 4151 et seq., which requires that buildings and public accommodations be accessible to individuals with disabilities. In addition, the Contractor agrees to comply with applicable Federal regulations and directives and any subsequent amendments thereto, except to the extent the Federal Government determines otherwise in writing, as follows:

(1) U.S. DOT regulations “Transportation Services for Individuals with Disabilities (ADA)” 49 C.F.R. Part 37;

(2) U.S. DOT regulations “Nondiscrimination on the Basis of Handicap in Programs and Activities Receiving or Benefiting from Federal Financial Assistance,” 49 C.F.R. Part 27;

(3) Joint U.S. Architectural and Transportation Barriers Compliance Board (U.S. ATBCB) U.S. DOT regulations, “Americans with Disabilities (ADA) Accessibility Specifications for Transportation Vehicles,” 36 C.F.R. Part 1192 and 49 C.F. R. Part 38;

(4) U.S. DOJ regulations “Nondiscrimination on the Basis of Disability in State and Local Government Services,”28 C.F.R. Part 35;

(5) U.S. DOJ regulations “Nondiscrimination on the Basis of Disability by Public Accommodations and in Commercial Facilities.” 28 C.F.R. Part 36;

(6) U.S. GSA regulations “Accommodations for the Physically Handicapped,” 41 C.F.R. Subpart 101-19;

(7) U.S. Equal Employment Opportunity Commission, “Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act,” 29 C.F.R. Part 1630;

(8) U.S. Federal Communications Commission regulations “Telecommunications Relay Services and Related Customer Premises Equipment for the Hearing and Speech Disabled,” 49 C.F.R. Part 64, Subpart F;

(9) U.S. Architectural and Transportation Barriers Compliance Board regulations, “Electronic and Information Technology Accessibility Standards.” 36 C.F.R. Part 1194;

(10) FTA regulations, "Transportation of Elderly and Handicapped Persons," 49 C.F.R. part 609; and

(11) Federal regulations, "Miscellaneous Civil Rights Amendments (RRR)," pertaining to nondiscrimination on the basis of disability within 49 C.F.R. Parts 27, 37, and 38 were published in 79 Fed. Reg. 21402, April 16, 2014; and

(12) Federal civil rights and nondiscrimination directives implementing the foregoing Federal laws and regulations, except to the extent the Federal Government determines otherwise in writing.

(6) Access to Services for Persons with Limited English Proficiency. The Contractor agrees to comply with Executive Order No. 13166,"Improving Access to Services for Persons with Limited English Proficiency," 42 U.S.C. § 2000d-1 note, and U.S. DOT Notice, "DOT Policy Guidance Concerning Recipients’ Responsibilities to Limited English Proficiency (LEP) Persons," 70 Fed. Reg. 74087, December 14, 2005, except to the extent that the Federal Government determines otherwise in writing.

(7) Drug or Alcohol AbuseConfidentiality and Other Civil Rights Protections. To the extent applicable, the Contractor agrees to comply with the confidentiality and other civil rights protections of the Drug Abuse Office and Treatment Act of 1972, as amended, 21 U.S.C. §§ 1101 et seq., with the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970, as amended, 42 U.S.C. §§ 4541 et seq., and with the Public Health Service Act of 1912, as amended, 42 U.S.C. §§ 290dd through 290dd-2, and any amendments thereto.

(8) Other Nondiscrimination Laws. The Contractor agrees to comply with applicable provisions of other Federal laws and regulations, and follow applicable directives prohibiting discrimination, except to the extent that the Federal Government determines otherwise in writing.

(9) The Contractor also agrees to include these requirements in each subcontract financed in whole or in part with Federal assistance provided by FTA, modified only if necessary to identify the affected parties.

(10) Remedies for failure to comply with applicable Federal Civil Rights laws and Federal regulations may be enforced as provided in those Federal laws or Federal regulations.

8 Contracting with Disadvantaged Business Enterprises

The newest version on the Department of Transportation’s Disadvantaged Business Enterprise (DBE) program became effective October 1, 2004.

a. This contract is subject to the requirements of U.S. DOT regulations, “Participation by Disadvantaged Business Enterprises in Department of Transportation Financial Assistance Programs,” 49 C.F.R. Part 26 [U.S. DOT published final rule, “Disadvantaged Business Enterprise: Program Improvements,” 49 C.F.R. Part 26, on January 28, 2011 (see 76 Fed. Reg. 5083)], and Section 1101(b) of MAP-21, 23 U.S.C. § 101 note, as amended by Section 451 of the Hiring Incentives to Restore Employment (HIRE) Act, Pub. L. 111-147, March 18, 2010, 23 U.S.C. § 101 note.

Columbus County adheres to the NC Department of Transportation/Public Transportation Division’s overall goal for DBE participation is 4.31%.

b. The contractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this contract. The contractor shall carry out applicable requirements of 49 CFR Part 26 in the award and administration of this DOT-assisted contract. Failure by the contractor to carry out these requirements is a material breach of this contract, which may result in the termination of this contract or such other remedy as the Procuring Agency deems appropriate. Each subcontract the contractor signs with a subcontractor must include the assurance in this paragraph (see 49 CFR 26.13(b)).

The successful bidder/offeror will be required to report its DBE participation obtained through race-neutral means throughout the period of performance.

c. The contractor is required to pay its subcontractors performing work related to this contract for satisfactory performance of that work no later than 30 days after the contractor’s receipt of payment for that work from the Procuring Agency. In addition, these may apply:

· the contractor may not hold retainage from its subcontractors; or

· is required to return any retainage payments to those subcontractors within 30 days after the subcontractor's work related to this contract is satisfactorily completed; or

· is required to return any retainage payments to those subcontractors within 30 days after incremental acceptance of the subcontractor’s work by the Procuring Agency and contractor’s receipt of the partial retainage payment related to the subcontractor’s work.

d. The contractor must promptly notify the Procuring Agency whenever a DBE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The contractor may not terminate any DBE subcontractor and perform that work through its own forces or those of an affiliate without prior written consent of the Procuring Agency.

9. Clean Air Act

(a) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to Section 306 of the Clean Air Act as amended, 42 U.S.C. § 7606, and other applicable provisions of the Clean Air Act, as amended, 42 U.S.C. §§ 7401 through 7671q. The Contractor agrees to report any violation to the Purchaser and understands and agrees that the Purchaser will, in turn, report each violation as required to assure notification to the State and/or FTA and the appropriate EPA Regional Office.

(b) The Contractor also agrees to include these requirements in each subcontract exceeding $250,000 financed in whole or in part with Federal Assistance provided by FTA.

10. Clean Water

(a) The Contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to Section 508 of the Clean Water Act, as amended, 33 U.S.C. § 1368, and other applicable requirements of the Clean Water Act, as amended, 33 U.S.C. §§ 1251 through 1377, The Contractor agrees to report each violation as required to assure notification to FTA and the appropriate EPA Regional Office.

(b) The Contractor also agrees to include these requirements in each subcontract exceeding $250,000 financed in whole or in part with Federal assistance provided by FTA.

11. Environmental Protection (requirements for environmental studies)

The Contractor agrees to comply with all applicable requirements of the National Environmental Policy Act of 1969, as amended, (NEPA) 42 U.S.C. §§ 4321 through 4335 (as restricted by 42 U.S. C. § 5159, if applicable); Executive Order No. 11514, as amended, “Protection and Enhancement of Environmental Quality,” 42 U.S.C. § 4321 note; FTA statutory requirements at 49 U.S.C. § 5323(c)(2) ), as amended by MAP-21, ; U.S. Council on Environmental Quality regulations pertaining to compliance with NEPA, 40 C.F.R. Parts 1500 through 1508; and joint FHWA FTA regulations, “Environmental Impact and Related Procedures,” 23 C.F.R. Part 771 and 49 C.F.R. Part 622; were published in the Federal Register, 78 Fed. Reg. 8963, February 7, 2013; and other applicable Federal environmental protection regulations that may be promulgated at a later date. The Contractor agrees to comply with the applicable provisions of 23 U.S.C. § 139 “Efficient environmental reviews for project decision making”, pertaining to environmental procedures, and 23 U.S.C. § 326, pertaining to Purchaser’s responsibility for categorical exclusions, in accordance with the provisions of joint FHWA/FTA final guidance, “Environmental Review Process (Public Law 109-59),” 71 Fed. Reg. 66576 et seq. November 15, 2006. Joint FHWA and FTA final guidance, “Interim Guidance on MAP-21 Section 1319 Accelerated Decisionmaking in Environmental Reviews,” dated January 14, 2013, and any applicable Federal directives that may be issued at a later date, except to the extent that FTA determines otherwise in writing.

12. Environmental Justice (requirements for environmental studies)

The Contractor agrees to comply with the policies of Executive Order No. 12898, "Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations," 42 U.S.C. § 4321 note; as well as facilitating compliance with that Executive Order; and DOT Order 5610.2, “Department of Transportation Actions To Address Environmental Justice in Minority Populations and Low-Income Populations,” 62 Fed. Reg. 18377 et seq., April 15, 1997, except to the extent that the Federal Government determines otherwise in writing; and the most recent and applicable edition of FTA Circular 4703.1, “Environmental Justice Policy Guidance for Federal Transit Administration Recipients,”, August 15, 2012, to the extent consistent with applicable Federal laws, regulations, and guidance.

13. Additional Environmental Requirements (requirements for environmental studies)

The Contractor agrees to comply with the following:

· Corridor Preservation. That development of right-of way acquired under 49 U.S.C. § 5323(q), as amended by MAP-21, will not occur in anticipation of its Project until all required environmental reviews for that Project have been completed;

· Use of Certain Public Lands. assures that it will comply specifically 49 U.S.C.