Procurement Consulting Contract

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					                                     REQUEST FOR PROPOSAL
                                       CITY OF CHARLOTTE

                                  CONSULTING SERVICES
                                      RFQ 2010-40

                                          October 1, 2010

The City of Charlotte (City) plans to contract with one or more firms/teams (Consultants) to
provide unspecified contract development and procurement services on an as-needed basis. The
City is seeking firms whose combination of experience and personnel will provide timely, cost-
effective and quality professional services to the City to support various projects and day-to-day

Temporary Agencies will not be selected through this RFQ process. The City has already entered
into contracts with various temporary agencies through another selection.

The following tasks are not to be considered all inclusive. Consultant may be assigned to handle
the entire process or parts of the process. The Consultant will need resources capable of providing
expertise on a variety of contract types, methods of procurement and processes such as:

           •   architectural, engineering, surveying, other professional services;
           •    construction (horizontal and vertical);
           •   operational and maintenance;
           •   Request for Proposals (RFP);
           •   Request for Qualifications (RFQ); and
           •   Invitation to Bid (ITB) or sealed bidding.

Based on established procedures and document templates, consultants may be asked to:

1.    Establish and maintain electronic project files for assigned projects in accordance with City,
      State and Federal record keeping policies and requirements.
2.    Interact with the Project Manager and prepare RFQ, RFP or ITB documents.
3.    Build and maintain a working relationship with the City’s Small Business Development Office
      (SBDO) and the department’s liaisons, prime contractors and small business enterprises
4.    Generate and notify vendors, including SBEs, through electronic distribution lists. Advertise
      bids (make arrangements for bid document distribution), RFQs and RFQs electronically and
      in area newspapers, if required.
5.    Negotiate engineering services, survey services and other professional services for City

                                                                                 RFQ 2010-40, Page 1
6.    Prepare contract documents for selected consultants and/or contractors, including working
      to acquire all required signatures, bonds, insurance, etc. Contracts may be created using
      standard boilerplates, using AIA documents or drafted without any templates or without
      any background information.
7.    Verify licensing and certification(s) through various licensing boards, confirm business type
      and status with the Secretary of State, obtain bonding information from surety companies
      and other requirements.
8.    Prepare the signed contracts for execution (communicate with the chosen contractor and
      supply draft contracts and other information and materials) – scan or convert the contract
      using required guidelines.
9.    Review 10% - 90% and final vertical project drawings and specifications for AIA projects.
10.   Compile the final specifications to advertise AIA projects, including the front end boilerplate
11.   Generate electronic bid tabulations for all projects bid, as requested.
12.   Possess a high level of experience/expertise with Federal Acquisition Regulations (FAR) to
      either prepare bid and/or contract documents.
13.   Apply specific regulations of various federal agencies to solicitations.
14.   Knowledge of alternative construction contracting methods other than the design-bid-build

       Breakdown of Services
       Percentage breakdown is given for purposes in assisting the consultant’s response to this
       solicitation. It is not a promise of future work or the composition of work to be assigned.

       •   Professional Services - Clerical/Administrative Assistance – 25%
       •   Professional Services – High level of Expertise/Experience – 10%
       •   Construction Contracting Services – 40%
       •   All Other Tasks – 25%

The City’s performance expectations for all of the services areas are detailed in Exhibit 1. The
City expects a collaborative, client-centered approach by the Consultant, with a strong emphasis
on competence and completing all projects on time and on budget.

Qualifications Packages will be evaluated on the firms’ ability to meet the requirements of this
RFQ. Evaluation criteria are as follows:
   • The firm’s/team’s experience in providing similar services for similar projects;
   • Qualifications and abilities of key individuals identified in the Qualifications Package;
   • Project management and quality control;
   • Proposed utilization of firms certified as Small Business Enterprises by the City;
   • References;
   • An office in the Charlotte metro area; and
   • Qualification package appearance and presentation.

Consultants that are interested in providing the required services to the City are invited to submit
the following:

                                                                                 RFQ 2010-40, Page 2
     •    Five (5) bound original Qualifications Packages, including a cover letter and required
          forms from Exhibit 2 (matrix) and Exhibit 3 (Commercial Non-Discrimination Certification).
     •    One (1) CD containing one copy of the entire Qualification Package consolidated into one
          PDF format document.

Qualifications Packages should be addressed to the Contact Person, Ms. Johnella Walker, at the
following address:
        Ms. Johnella Walker
        Engineering & Property Management, 14th Floor
        City of Charlotte
        600 East Fourth Street
        North Carolina 28202

Or delivered, addressed as above, to the Customer Service Representative at the reception desk
on the 14th floor of the Charlotte Mecklenburg Government Center. Hand-delivered packages
must be date and time stamped by the Customer Service Representative and signed in on a log
sheet located in the reception area by the person delivering the Qualifications Package.

Each firm/team is solely responsible for the timely delivery of its Qualification Package. All
Qualification Packages must be received by 5 PM local time on Friday, October 22, 2010. No
Qualification Packages will be accepted after this deadline. Submittals sent by facsimile or email
will not be accepted. Consultants accept all risks of late delivery regardless of fault. To avoid
delivery-related complications, please consider submitting your Qualification Package a day prior to
the deadline.

The Qualifications Package should consist of a cover letter (2 pages maximum) and responses to
the questions provided below. Responses should appear in the same order as the questions in the
RFQ. Due to demands on the time of the Selection Committee members, please limit your
response to this RFQ to a maximum total of 30 pages. Type size should be no smaller than 11
points for narrative sections, but may be reduced for captions, footnotes, etc. as required while
still maintaining legibility. Non-conforming submissions may be removed from consideration. The
cover letter and required forms (Exhibit 2 and Exhibit 3) do not count toward the page limit.

The cover letter must identify a contact person for questions during the RFQ process and
provide contact information including telephone number, fax, email and postal address. Also,
please indicate the services for which your firm/team would like to be considered in the order of
preference from the highest to the lowest:

     A.   Professional Services - Clerical/Administrative Assistance
     B.   Professional Services – High level of Expertise/Experience
     C.   Construction Contracting Services
     D.   All Other Tasks

Please submit Qualifications Packages comprised of materials that are easily recyclable or
reusable at the conclusion of the selection process.

Please respond to the following questions in the same sequence as they are listed:

1.        Identify the legal entity that would enter into the contract with the City and include

                                                                                 RFQ 2010-40, Page 3
     location of company headquarters, local office location, type of business (sole
     proprietorship, partnership, corporation), state of incorporation or organization, and the
     name and title of the person authorized to enter into an agreement.

2.   For proposed subconsultants, please provide the name of each firm, the office location,
     contact name and telephone number, and the services to be provided.

3.   Indicate if any member of your team has been certified as a Small Business Enterprise
     (SBE) by the City.

4.   Provide a separate organizational chart for each category of project you are interested
     in and identify key members of the team, including subconsultants who would be assigned
     to this project. Specifically identify individuals who will serve as project managers.
     Please provide the following information for each key member:
     • Person’s Name;
     • Job classification;
     • Roles and responsibilities;
     • North Carolina Professional registrations and certifications;
     • Office location; and
     • Role in past projects.

5.   List any contracts, currently in process or performed in the past five (5) years, comparable
     to the consulting services under this RFQ, including any contracts with the City, as follows:

     •   List only projects involving current staff of the proposed prime consultant and any
         proposed subconsultants;
     •   List projects in date order with newest projects listed first;
     •   List projects in North Carolina first, followed by projects located in other states (may
         result in two lists – one for North Carolina and one for other states with each list in
         date order); and
     •   List a maximum total of 5 relevant projects or contracts for consulting services.

     For each project listed, include a brief description, the date services were performed,
     name, address and phone number of the individual representative of the owner having
     knowledge of the firm’s work, the dollar amount and total time period involved.

6.   Describe any unresolved claims or disputes with the City or potential conflict of interest
     with any of the proposed projects.

7.   Complete the matrix in Exhibit 2 and list the Key Team Members identified in item number
     4 above, the projects identified in item number 5 above, and experience (including
     number of years or depth of experience) in each of the areas listed on the matrix. Add
     sheets as needed in order to list all key staff members.

8.   Describe your team’s project management processes and procedures, particularly with
     respect to timely, responsive, and clear communications and collaborating with clients to
     identify and resolve conflicts.

                                                                              RFQ 2010-40, Page 4
9.    Discuss your team’s processes and procedures for meeting schedules and budgets, and
      approach to quality control.

10.   Describe your team’s experience with negotiating professional services contracts,
      reviewing plans and specifications for AIA projects, compiling final specifications to
      advertise AIA projects and with the application of Federal Acquisition Regulations.

11.   What do you consider to be special challenges related to this project?

12.   Fill out and sign the Commercial Non-Discrimination form – Exhibit 3.

13.   Please provide list of positions and the related hourly rates for the positions proposed for
      this work.


1.    Small Business Enterprise Program
      The Charlotte City Council has declared that a race and gender neutral program
      employing goals and good faith efforts to promote the utilization of small businesses in
      City contracts will benefit the City by promoting competition in City contracting and by
      promoting economic growth and development in the Charlotte MSA.

      In August 2002, the North Carolina State Legislature ratified Session Law 2002-91
      authorizing the City to establish a Small Business Enterprise program to enhance
      opportunities for small businesses to participate in City contracts. The City’s Small Business
      Opportunity Program (SBO Program) applies to all aspects of the City’s contracting and
      procurement programs. A complete copy of the SBO Program is available for review at
      the City’s website at Under the SBO Program, all firms
      doing business with the City are required to consider providing opportunities for Small
      Business Enterprises (SBEs) on City contracts. SBE participation is an evaluation criterion for
      this RFQ.

      In order to comply with the SBO Program, please identify SBEs on your project team. We
      encourage you to consider any and all possibilities for SBE participation. A complete list
      of certified SBEs is available on the City’s website at A
      goal for SBE utilization will be set during contract negotiations and carefully reviewed
      by the SBO Program Office to ensure an appropriate level of SBE participation on each

      You must negotiate in good faith with all interested SBE firms. Part C Section 2.2 of the
      SBO Program defines what negotiating in “good faith” means. Each firm must negotiate in
      good faith with each SBE that responds to the firm’s solicitations and each SBE that
      contacts the firm on its own accord (as defined more specifically in Part C Section 4.4).
      Failure to comply with the requirements set forth in Part C Section 4 shall be considered as
      a factor in the evaluation process and may result in a qualification package being
      excluded from further consideration.

      To demonstrate Good Faith Negotiation compliance the City may request on a case-by-
      case basis documentation sufficient in the City’s judgment to prove that the firm’s reasons
      for rejecting an interested SBE’s proposal are valid. Firms must provide such forms and

                                                                                 RFQ 2010-40, Page 5
     information within three (3) Business Days after the City requests it. It is important that you
     carefully review Part C Section 5 of the SBO Program as soon as possible so as to put
     yourself in a position to provide the documentation quickly and accurately if requested.

2.   Vendor Registration
     In order to measure the effectiveness of the City’s SBO Program, all prime consultants and
     first-tier subconsultants and suppliers must be registered in the City’s Vendor Registration
     System to receive payment for services and/or supplies provided under any City contract.

3.   Selection Process
     The City will conduct a fair and impartial evaluation of all submittals that are received in
     accordance with the provisions of this RFQ. The City will appoint one or more selection
     committees to perform the evaluations. Interviews with firms are not anticipated, but may
     be held at the option of the selection committees. The City reserves the right to obtain
     clarification of any point in a Consultant’s Qualification Package or to obtain additional
     information. All Consultants who submit Qualification Packages will be notified of the
     selection committee’s choice. Final approval of any selected firm/team is subject to the
     action of City Council or appropriate City officials.

4.   Public Records
     Upon receipt by the City, each Qualifications Package becomes the property of the City
     and is considered a public record except for material that qualifies as “Trade Secret”
     information under North Carolina General Statute 66-152 et seq. Qualifications
     Packages will be reviewed by the City’s Selection Committee, as well as other City staff
     and members of the general public who submit public record requests after a selection
     result has been announced to the public. To properly designate material as a trade secret
     under these circumstances, each firm must take the following precautions: (a) any trade
     secrets submitted by a firm 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 Qualifications Package,” and (b) the same trade
     secret/confidentiality designation should be stamped on each page of the trade secret
     materials contained in the envelope.

     In submitting a Qualifications Package, each firm 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
     serve on the Selection Committee or who are hired by the City to assist in the selection
     process. Furthermore, each firm 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 refusing to disclose any material that the firm has designated as a trade
     secret. Any firm that designates its entire Qualifications Package as a trade secret may
     be disqualified from the selection process.

5.   Conditions and Reservations
     The City expects to select one or more firms/teams, but reserves the right to request
     substitutions of subconsultants. The City reserves the right to contact any firm/team to
     negotiate if such is deemed desirable by the City. The City reserves the right to reject
     any or all responses to the RFQ, to advertise for new RFQ responses, or to accept any
     RFQ response deemed to be in the best interest of the City. The City reserves the right to
     waive technicalities and informalities.

                                                                                RFQ 2010-40, Page 6
       A response to this RFQ should not be construed as a contract, nor indicate a commitment of
       any kind. The RFQ does not commit the City to pay for costs incurred in the submission of
       a response to this RFQ or for any cost incurred prior to the execution of a final contract.
       No recommendations or conclusions from this RFQ process concerning your firm shall
       constitute a right (property or otherwise) under the Constitution of the United States or
       under the Constitution, case law or statutory law of North Carolina. No binding contract,
       obligation to negotiate, or any other obligation shall be created on the part of the City
       unless the City and you or your firm execute a contract.

6.     Communication Guidelines
       Firms/teams and their staffs are prohibited from communicating with elected City officials
       and City employees regarding the RFQ or submittals from the time the RFQ has been
       released until all respondents have been notified and the selection results have been
       publicly announced. These restrictions extend to “thank you” letters, phone calls, and
       emails and any contact that results in the direct or indirect discussion of the RFQ and/or
       the Qualification Package submitted by the firm/team. Violation of this provision by the
       firm/team and/or its agents may lead to disqualification of the firm’s/team’s submittal
       from consideration. Exceptions to the restrictions on communications with City employees
       are as follows:

           •    Firms/teams may submit written questions concerning this RFQ to the Contact
                Person for receipt no later than 5 PM local time on Wednesday, October 13,
                2010.      Questions may be submitted to Johnella Walker via email to
       or by facsimile at 704.632-8253. Questions received
                after the stated deadline will not be answered. No oral statement of any person
                shall modify or otherwise change or affect the terms, conditions, or specifications
                stated in the RFQ, and changes to the RFQ, if any, shall be made in writing only
                and issued in the form of an Addendum to the RFQ.

           •    Consultants and/or their agents are encouraged to contact the Small Business
                Opportunity (SBO) Liaison for assistance or clarification with issues specifically
                related to the City’s Small Business Opportunity Program. The point of contact is
                Natasha Warren and she may be reached by telephone at 704.336.3230 or by
                email at

           •    Firms/teams may respond to questions by the Contact Person and SBO Liaison.

The City of Charlotte appreciates your interest in providing consulting services.

Best regards,

Johnella Walker
Contracts Administrator
Attachments: Exhibits 1 – 3

                                                                                    RFQ 2010-40, Page 7
                                               EXHIBIT 1
                                 PERFORMANCE EXPECTATIONS

Fulfilling Contract Obligations
    • The City’s Project Manager and the Consultant’s Project Manager shall be responsible to review
         these Performance Expectations periodically, and participate fully in the Project Team Evaluation

    •   The City’s Project Manager and the Consultant’s Project Manager shall be responsible to read,
        understand and fulfill all items in the contract.

    •   The Consultant is responsible to fulfill all of the requirements of the contract, including the QA/QC

    •   The Consultant is responsible for the schedule, budget and quality of all of the work performed on
        the project, including that of their subcontractors.

    •   The Consultant shall maintain continuity of staff assignments. Written approval from the City’s
        Project Manager is required prior to changing staff assignments.

Providing Timely/Clear Communication
This performance expectation relates to all forms of communication, and applies to both the City’s and
Consultant’s Project Managers unless otherwise denoted.

   • Phone calls shall be returned by the end of the next working day.
   • All correspondence which includes a request for response shall be responded to within the
       specified time frame.
   • The Consultant’s Project Manager shall inform the City’s Project Manager in a timely manner of
       upcoming concerns, problems, etc. such that they can be addressed by the Project Team without
       delaying the project schedule.

    • The City’s Project Manager shall clearly lay out the project goals at the beginning of the project,
         and communicate additional expectations as soon as they are known.
    • The Consultant’s Project Manager shall request clarification in a timely fashion from the City’s
         Project Team whenever required in order to understand the City’s expectations.
    • All communication shall be presented in a clear and concise manner.
    • Monthly Status Report: With each monthly invoice, the Consultant’s Project Manager shall provide
         a signed Monthly Status Report and document in that report any project questions/issues/concerns
         to be addressed by the Project Team.
    • Questions/problems identified in the Monthly Status Report shall be promptly addressed by the
         entire Project Team.

Citizen Contacts:
      Citizen Correspondence:
     • The Consultant shall provide copies of all correspondence with property owners and third parties
          associated with the project (other than sub consultants) according to contract requirements.

                                                                                       RFQ 2010-40, Page 8
    •   The Consultant shall not convey to citizens information on City policies or procedures unless
        otherwise directed by the City’s Project Manager.
    •   The Consultant shall represent the City in a professional manner.

    Public Meetings:
    • The Consultant shall participate in a professional manner in all public meetings at a level
        determined by the City’s Project Manager (e.g. serve as main speaker, share speaking
        responsibilities with Project Manager, answers questions etc.).

    •   The Consultant shall prepare exhibits that provide clear, understandable information meeting the
        specifications set forth by the City’s P.M and the contract.

    •   The City’s Project Manager will provide a clear description of all exhibits, PowerPoint
        presentations, handouts etc. to be included in the public meeting. The City’s Project Manager will
        provide a clear explanation of which topics the Consultant will be responsible to present at the

Providing Quality Submittals
   • The Consultant is responsible to ensure that their QA/QC plan is followed throughout the project.

    •   The Consultant shall provide recommendations/solutions that are innovative, appropriate,
        practical, feasible, cost effective and that meet the goals of the project.

    •   The Consultant shall submit high quality work that meets all City standards, criteria and
        requirements as set forth in the Contract Scope.

    •   The City’s Project Team shall provide to the Consultant’s Project Manager clear, consistent, and
        timely written comments on submittals.

Meeting Milestone Deadlines
   • The Consultant shall meet all milestone deadlines as identified in the Contract Scope.

    •   The City’s Project Team shall meet all review milestone deadlines as identified in the Contract

Meeting Budgets
   • The Consultant shall work within the parameters of the budget and invoicing procedures as
       specified in the Contract Scope.

    •   No transition of funds from one task or another, or use of Specified or Unspecified Additional
        Services monies shall occur without prior written approval from the City’s Project Manager.

    •   The Consultant’s Project Manager is responsible for recommending alternative selections, design
        parameters, proposed alignments, major project features, and special provisions etc. that follow
        City standard practices and meet the goals of the project. The Consultant’s Project Manager is
        responsible to obtain clarification from the City’s Project Manager prior to spending significant
        time on major tasks. The City will not compensate the Consultant for any alternatives, alignments,
        submittals etc., developed by the Consultant without prior approval from the City’s Project
        Manager that do not meet the goals of the project.

                                                                                     RFQ 2010-40, Page 9
                                                                                  EXHIBIT 2

                                                                    Contract Administration Consulting Services
KEY TEAM MEMBERS                                                   Key Team Member 1     Key Team Member 2        Key Team Member 3   Key Team Member 4    Key Team Member 5

Personal Information


Professional Designation or License (i.e., AIA, PE, etc.) (list)

Licensed in North Carolina? Indicate Yes, No, or N/A

Relevant Academic Degree(s) (list)

Proposed Role/Function for Projects under Category A

Office Location

Number of Years with Current Firm

Projects Listed in Response to RFQ Question 5 – Indicate Role
of Key Team Member and Level of Involvement (Major/ Minor
or None, as applicable)










                                                                                                                                                     RFQ 2010-40, Page 10
                                                                                        EXHIBIT 2

                                                                          Contract Administration Consulting Services
KEY TEAM MEMBERS                                                         Key Team Member 1     Key Team Member 2        Key Team Member 3   Key Team Member 4    Key Team Member 5
Expertise – Indicate Number of Years or Number of Projects and
Specify Number or Year
Provide contract administration/consulting expertise in the following:
     •    Architectural, engineering, surveying or other professional
     •    Construction services (horizontal and vertical)
     •    Operational and maintenance services
     •    Request for Proposals (RFP)
     •    Request for Qualifications (RFQ)
     •    Sealed bidding
Contract execution
Professional services contract negotiation processes
Review of vertical project drawings and specifications
Review of horizontal/roadway plans and specifications
Alternative contracting methods, such as design-build documents
Federal Acquisition Regulations

Other areas of expertise – List:

                                                                                                                                                           RFQ 2010-40, Page 11
                                                  EXHIBIT 3

 Project:                Contract Administration Consulting Services, RFQ 2010-40
 Project Number:         N/A

The undersigned Proposer hereby certifies and agrees that the following information is correct:

1. In preparing its bid, the Proposer has considered all bids submitted from qualified, potential sub
   consultants and suppliers and has not engaged in discrimination as defined in Section 2 below.

2. For purposes of this section, discrimination means discrimination in the solicitation, selection, or treatment
   of any sub consultant, vendor, supplier or commercial customer on the basis of race, ethnicity, gender,
   age, religion, national origin, disability or other unlawful form of discrimination. Without limiting the
   foregoing, discrimination also includes retaliating against any person or other entity for reporting any
   incident of discrimination.

3. Without limiting any other remedies that the City may have for a false certification, it is understood
   and agreed that, if this certification is false, such false certification will constitute grounds for the City to
   reject the bid submitted with this certification and terminate any contract awarded based on such bid. It
   shall also constitute a violation of the City’s Commercial Non-Discrimination Ordinance and shall subject
   the Proposer to any remedies allowed thereunder, including possible disqualification from participating
   in City contracts for up to two years.

4. As a condition of contracting with the City, the Proposer agrees to promptly provide to the City all
   information and documentation that may be requested by the City from time to time regarding the
   solicitation and selection of sub consultants and suppliers. Failure to maintain or failure to provide such
   information shall constitute grounds for the City to reject the bid and to terminate any contract
   awarded on such bid. It shall also constitute a violation of the City’s Commercial Non-Discrimination
   Ordinance and shall subject the Proposer to any remedies that are allowed thereunder.

5. As part of its bid, the Proposer shall provide to the City a list of all instances within the past ten years
   where a complaint was filed or pending against the Proposer in a legal or administrative proceeding
   alleging that the Proposer discriminated against its sub consultants, vendors, suppliers, or commercial
   customers, and a description of the status or resolution of that complaint, including any remedial action

6. As a condition of submitting a bid to the City, the Proposer agrees to comply with the City’s Commercial
   Non-Discrimination Policy as described in Section 2, Article V of the Charlotte City Code, and consents
   to be bound by the award of any arbitration conducted thereunder.

   By: _______________________________________________

   Title: _____________________________________________

                                                                                            RFQ 2010-40, Page 12

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