CITY OF DURHAM
Department of Public Works
Division of Transportation
101 City Hall Plaza
Durham, NC 27701
Request for Qualification
RFQ PW-2009-001
Date of Issue: July 22, 2009
City of Durham Public Works Department
―On-Call‖ Transportation Consultant Services DY
Overview and description
The City of Durham Public Works Department is seeking assistance from qualified consulting
firms to provide transportation engineering and planning; traffic; stormwater and architectural
services on an ―on-call‖ basis for a period of three years. The on-call contract is intended to
provide a flexible and effective way for the Department to respond to recurring consultant
service needs for multi-dimensional tasks covering a range of engineering and planning tasks.
The flexible on-call consultant service contracts with qualified firms are critical to meeting the
needs of the Public Works Department the City, and the Durham-Chapel Hill-Carrboro
Metropolitan Planning Organization (DCHC MPO). These challenges include:
1. Meeting the on-going transportation planning and engineering needs of the City of
Durham and the MPO;
2. MPO planning needs associated with the increasing burden of metropolitan
transportation planning and SAFETEA-LU requirements and air quality conformity
compliance;
3. Traffic engineering studies;
4. Engineering and planning work associated with transportation bond projects;
5. Transportation studies such as: corridor and sub-area studies, traffic signal timing, traffic
control plans, traffic counts, traffic simulation and modeling, traffic impact studies, project
management, project planning and environmental analysis and design, including
streetscape design;
6. Development Review
7. Stormwater engineering and services including but not limited to analysis, assessment,
studies, design, project management, or planning for infrastructure or water quality
projects;
8. Bicycle and pedestrian (sidewalk) planning and engineering
9. Financing and funding
10. Neighborhood traffic calming studies; and
11. Supplemental assistance associated with staff vacancies.
.
Offerors Are Not Required To Return This Form.
Felix Nwoko Project Manager Name
Transportation Planning Manger Project Manager Title
Department of Public Works Project Manager Department
Transportation Division Project Manager Division
(919) 560-4366 ext. 30424 Project Manager Telephone Number
felix.nwoko@durhamnc.gov Project Manager E-mail
TABLE OF CONTENTS
SECTION ONE
Introduction and Instructions
Page
1.01 Return Mailing Address, Contact Person, Telephone & 5
Fax Numbers, Deadline for Receipt of Proposals
1.02 Purpose of the Request for Proposal (RFQ) 5
1.03 Location of Work 7
1.04 Assistance to Offerors with a Disability 7
1.05 Required Review 7
1.06 Questions/Clarifications Received Prior to Opening of 7
Proposals
1.07 Amendments 8
1.08 Alternate Proposals 8
1.09 Right of Rejection 8
1.10 City of Durham Not Responsible for Preparation Costs 8
1.11 Disclosure of Proposal Contents 8
1.12 Subcontractors 8
1.13 Joint Ventures 9
1.14 Responder’s Certification 9
1.15 Conflict of Interest 10
1.16 Right to Inspect Place of Business 10
1.17 Solicitation Advertising 10
1.18 News Releases 10
1.19 Assignment 11
1.20 Disputes 10
1.21 Severability 11
1.22 Federal Requirements 11
1.23 Equal Business Opportunity Program Ordinance 11
SECTION TWO
Standard Proposal Information
2.01 Authorized Signature 13
2.02 Pre-proposal Conference 13
2.03 Amendments to Proposals 13
2.04 Supplemental Terms and Conditions 13
2.05 Discussions with Offerors 14
2.06 Prior Experience 14
2.07 Evaluation of Proposals 14
2.08 Vendor Tax ID 14
2.09 City of Durham Business License & Other Required Licenses 14
2.10 Contract Negotiations 15
2.11 Failure to Negotiate 15
2.12 Notice of Intent to Award (NIA) 15
SECTION THREE
Standard Contract Information
3.01 Contract Type 16
3.02 Contract Approval 16
3.03 Proposal as a Part of the Contract 16
3.04 Additional Terms and Conditions 16
3.05 Insurance Requirements 16
3.06 Proposed Payment Procedures 17
3.07 Contract Payment 17
3.08 Informal Debriefing 17
3.09 Termination for Default 17
3.10 Contract Changes – Unanticipated Amendments 17
3.11 Contract Invalidation 17
3.12 Non-Discrimination Provision 18
3.13 EEO Provisions 18
SECTION FOUR
Background Information
4.01 Background Information 19
SECTION FIVE
Scope and Schedule
5.01 Scope of Work 20
5.02 Deliverables 35
5.03 Work Schedule 36
SECTION SIX
Proposal Format and Content
6.01 Proposal Format and Content 38
6.02 Introduction 38
6.03 Understanding of the Project 38
6.04 Methodology used for the Project 38
6.05 Management Plan for the Project 38
6.06 Experience and Qualifications 38
6.07 Cost Proposal 39
6.08 Evaluation Criteria 39
SECTION SEVEN
Evaluation Criteria and Contractor Selection
7.01 Understanding the Project 40
7.02 Methodology used for the Project 41
7.03 Management Plan for the Project 41
7.04 Experience and Qualifications 42
SECTION EIGHT
Attachments
8.01 Attachments –staff assignments/detailed work tasks 44
8.02 45
8.03 Sample Contract 49
8.04 Small and Disadvantaged Business Enterprise (SDBE) forms 55
8.05 SDBE Engineer List 75
8.06 SDBE Transportation Planning List 75
8.07 SDBE Landscape Architects List 75
Conflict of interest page 33
Conflict of interest affidavit – page 48
Section One
Introduction and Instructions
1.01
Return Mailing Address, Contact Person, Telephone & Fax Numbers,
Deadline for Receipt of Proposals
Offerors must submit six (6) hard copies (5 bound and 1 unbound) and ten (10) digital
copies (in CD format) of their proposal, in writing, to Felix Nwoko, Transportation Planning
Manager, in a sealed envelope. It must be addressed as set out below.
Department: Public Works
Division: Transportation
Attention: Felix Nwoko, Transportation Planning Manager
RFQ Number: PW-2009-001
Project Name: On-Call Consultant Services
101 City Hall Plaza
th
4 Floor
Durham, NC 27701
Proposals must be received no later than 4:00 p.m. EST on August 17, 2009 Oral proposals
are not acceptable.
An offeror's failure to submit their proposal before the deadline will cause their proposal to be
disqualified. Late proposals or amendments will not be opened or accepted for evaluation.
CONTACT PERSON: Felix Nwoko, Transportation Planning Manager
PHONE # (919) 560-4366 ext. 30424
FAX # (919) 560-4561
EMAIL : felix.nwoko@durhamnc.gov
1.02
Purpose of the Request for Qualification (RFQ)
The purpose of this RFQ is to solicit interest and assistance from qualified consulting firms to
provide transportation engineering and planning services on an ―on-call‖ basis for a period of
three years. The on-call contract is intended to provide a flexible and effective way for the
Department to respond to recurring consultant service needs for multi-dimensional tasks
covering a range of transportation engineering/planning, traffic and stormwater tasks. The
flexible on-call consultant service contracts with qualified transportation firms are critical to
meeting the needs of the Public Works Department the City, and the Durham-Chapel Hill-
Carrboro Metropolitan Planning Organization (DCHC MPO). These challenges include:
1. Meeting the on-going transportation planning and engineering needs of the City of
Durham and the MPO;
2. MPO planning needs associated with the increasing burden of metropolitan
transportation planning and SAFETEA-LU requirements and air quality conformity
compliance;
3. Traffic engineering studies;
4. Engineering and planning work associated with transportation bond projects;
5. Transportation studies such as: corridor and sub-area studies, traffic signal timing, traffic
control plans, traffic counts, traffic simulation and modeling, traffic impact studies, project
management, project planning and environmental analysis and design, including
streetscape design;
6. Development Review
7. Stormwater engineering and services including but not limited to analysis, assessment,
studies, design, project management, or planning for infrastructure or water quality
projects;
8. Bicycle and pedestrian (sidewalk) planning and engineering
9. Financing and funding
10. Neighborhood traffic calming studies; and
11. Supplemental assistance associated with staff vacancies.
Each firm selected for an on-call contract will be required to enter into a master agreement with
the City. This master agreement will:
1. Fulfill the consultant solicitation and selection process for the work to be performed under
the on-call contract;
2. Authorize the negotiation and execution of supplemental agreements specifying the
scope of work of specific work tasks;
3. Establish the rates and methods for compensation; and
4. Establish insurance coverage and indemnification requirements.
Work performed under the master agreement will be conducted in one of the following ways:
1. Small tasks not representing a complete project will be based on an hourly rate as
provided in the Master Agreement or applicable supplemental agreement. Such
hourly agreements will be established through a supplemental agreement/project
work plan to be updated biannually.
2. Specific projects and/or deliverables will be negotiated through scope-fee discussions
and arranged through supplemental agreements. Supplemental Agreements will
identify work scope, timeframe, deliverables, staff to perform work, estimated work
hours by position class and total cost.
1.03
Location of Work
The location(s) the work is to be performed, completed and managed is to include the Research
Triangle Region, North Carolina. It is not required that firm(s) conducting the study be located in
the State of North Carolina. However, preference will be given to firms (prime and subs) located
in North Carolina.
1.04
Assistance to Offerors with a Disability
The City of Durham complies with Title II of the Americans with Disabilities Act of 1990.
Individuals with disabilities who may need auxiliary aids, services, and/or special modifications
to participate in this procurement should contact the Department of Public Works at one of the
following numbers no later than August 9, 2009 to make any necessary arrangements.
Telephone: (919) 560-4366
Fax: (919) 560-4561
1.05
Required Review
Offerors should carefully review this solicitation for defects and questionable or objectionable
matter. Comments concerning defects and objectionable material must be made in writing and
received by the Project Manager at least ten days before the proposal opening. This will allow
issuance of any necessary amendments. It will also help prevent the opening of a defective
solicitation and exposure of offeror's proposals upon which award could not be made. Protests
based on any omission or error, or on the content of the solicitation, will be disallowed if these
faults have not been brought to the attention of the contracting officer, in writing, at least ten
days before the time set for opening.
1.06
Questions/Clarifications Received Prior To Opening of Proposals
All questions must be in writing and directed to the issuing office, addressed to the Project
Manager. The interested party must confirm telephone conversations in writing.
Two types of questions generally arise. One may be answered by directing the questioner to a
specific section of the RFQ. These questions may be answered over the telephone. Other
questions may be more complex and may require a written amendment to the RFQ. The
Project Manager will make that decision.
1.07
Amendments
If an amendment is issued, it will be provided to all who were mailed a copy of the RFQ and be
posted on the City’s website. All addenda will be posted on the City’s website.
1.08
Alternate Proposals
Offerors may only submit one proposal for evaluation. Alternate proposals (proposals that offer
something different than what is asked for) will be rejected.
1.09
Right of Rejection
The City of Durham reserves the right to reject any or all proposals.
1.10
City of Durham Not Responsible for Preparation Costs
The City of Durham will not pay any cost associated with the preparation, submittal,
presentation, or evaluation of any proposal.
1.11
Disclosure of Proposal Contents
All proposals and other materials submitted become the property of the City of Durham. All
proposal information will be held in confidence during the evaluation process and before the
time a Notice of Intent to Award is issued. Thereafter, proposals will become public information.
Trade secrets and other proprietary data contained in proposals may be held confidential if the
offeror requests, in writing, that the Director of Public Works does so, and if the Director of
Public Works agrees, in writing, to do so. Material considered confidential by the offeror must
be clearly identified and the offeror must include a brief Statement that sets out the reasons for
confidentiality.
1.12
Subcontractors
Subcontractors may be used to perform work under this contract. If an offeror intends to use
subcontractors, the offeror must identify in their proposal the names of the subcontractors and
the portions of the work the subcontractors will perform.
If a proposal with subcontractors is selected, the offeror must provide the following information
concerning each prospective subcontractor within ten working days from the date of the City's
request:
[a] complete name of the subcontractor,
[b] complete address of the subcontractor,
[c] type of work the subcontractor will be performing,
[d] percentage of work the subcontractor will be providing,
[e] evidence, as set out in the relevant section of this RFQ, that the subcontractor holds
a valid City of Durham business license,
[f] a written statement, signed by each proposed subcontractor, that clearly verifies that
the subcontractor is committed to render the services required by the contract.
An offeror's failure to provide this information within the time set may cause the City to consider
their proposal non-responsive and reject the proposal.
The substitution of one subcontractor for another may be made only at the discretion of the
Project Manager and with prior written approval from the Project Manager upon receipt of a
written request.
1.13
Joint Ventures
Joint ventures are acceptable. If submitting a proposal as a joint venture, the offeror must
submit a copy of the joint venture agreement, which identifies the principals involved and their
rights and responsibilities regarding performance and payment.
1.14
Responder's Certification
By signature on their proposal, responders certify that they comply with,
[a] the laws of the State of North Carolina,
[b] the applicable portion of the Federal Civil Rights Act of 1964,
[c] the Equal Employment Opportunity Act and the regulations issued thereunder by the
federal government,
[d] the Americans with Disabilities Act of 1990, and the regulations issued thereunder by
the federal government,
[e] all terms and conditions set out in this RFQ,
[f] a condition that the proposal submitted was independently arrived at, without
collusion, under penalty of perjury, and
[g] that their offers will remain open and valid for at least 90 days.
By signature on their proposal, responders also certify that programs, services, and activities
provided to the general public under the resulting contract are in conformance with the
Americans with Disabilities Act of 1990, and the regulations issued thereunder by the federal
government.
If any responder fails to comply with [a] through [g] of this paragraph, the City of Durham
reserves the right to disregard the proposal, terminate the contract, or consider the contractor in
default.
1.15
Conflict of Interest
The Consultant shall disclose and list any financial, business or other relationships with the City
that may have an impact on the outcome of on-call services required for performance. A
potential conflict of interest includes, but is not limited to, work related to contracts with land
developers, current clients and other parties who may have a financial interest in the outcome
of the transportation, engineering, planning and other related services. In addition, the
Consultant shall provide a brief statement that the consultant firm and any sub-consultants shall
be able to comply with the Conflict of Interest Statement as required in Attachments B and C.
Each RFQ response shall include an affidavit from the firm and all sub-consultants that are
purposed to work on development review tasks affirming that the firm and all sub-consultant(s)
will NOT perform any development review for any private developer and will have no conflicts of
interest in performing the development review services requested by the City and will agree to
avoid such conflicts during the term of the On-Call contract (Master Agreement) with the City of
Durham.
1.16
Right to Inspect Place of Business
At reasonable times, the City of Durham may inspect those areas of the contractor's place of
business that are related to the performance of a contract. If the City makes such an
inspection, the contractor must provide reasonable assistance.
1.17
Solicitation Advertising
This solicitation has been advertised in the Carolina Times Newspaper and the Durham Herald-
Sun Newspaper. Also, this RFQ has been advertised on the City’s website.
1.18
News Releases
News releases related to this RFQ will not be made without prior approval of the Public
Information Officer, and then only in coordination with the Project Manager.
1.19
Assignment
The contractor may not transfer or assign any portion of the contract without prior written
approval from the Director of Public Works.
1.20
Disputes
Any dispute arising out of this agreement will be resolved under the laws of North Carolina. The
exclusive forum and venue for all actions arising out of this contract shall be the North Carolina
General Court of Justice in Durham County. Such actions shall neither be commenced in nor
removed to federal court.
1.21
Severability
If any provision of the contract or agreement is declared by a court to be illegal or in conflict with
any law, the validity of the remaining terms and provisions will not be affected; and, the rights
and obligations of the parties will be construed and enforced as if the contract did not contain
the particular provision held to be invalid.
1.22
Federal Requirements
The offeror must identify all known federal requirements that apply to the proposal, the
evaluation, or the contract.
1.23
Equal Business Opportunity Program Ordinance
The Department of Equal Opportunity/Equity Assurance is responsible for the Equal Business
Opportunity Program. All questions about ―SDBE Professional Services Forms‖ should be
referred to Deborah Giles or other department staff at (919) 560- 4180.
It is the policy of the City to provide equal opportunities for City contracting for small firms
owned by socially and economically disadvantaged persons doing business in the City’s
Contracting Marketplace. It is further the policy of the City to prohibit discrimination against any
firm in pursuit of these opportunities, to conduct its contracting activities so as to prevent such
discrimination, to correct present effects of past discrimination and to resolve complaints of
discrimination. This policy applies to all professional services categories.
While there are no SDBE participation goals for this project, in accordance with the Ordinance,
all contractors are required to provide information requested in the ―SDBE Professional Services
Forms‖ package, which has been included with this Request for Proposals in Section 8.
Proposals that do not contain the appropriate, completed ―Professional Services Forms‖ may be
deemed non-responsive and ineligible for consideration. The ―Declaration of Performance,‖
―Participation Documentation,‖ Managerial Profile,‖ ―Equal Opportunity Statement‖ and the
―Employee Breakdown‖ documents are required of all contractors. In lieu of ―Employee
Breakdown,‖ contractors may submit a copy of the current EEO-1 form (corporate basis). Other
forms in the package should be used as needed.
The Department of Equal Opportunity/Equity Assurance is responsible for the Equal
Business Opportunity Program. All questions about ―SDBE Professional Services
Forms‖ should be referred to Deborah Giles or other department staff at (919) 560-4180.
SDBE firms are allowed and encouraged to team with multiple primes. The City encourages
SDBE firms to submit as a prime or team up and submit a proposal as a prime as well.
NCDOT Assurance
It is the policy of the North Carolina Department of Transportation that Disadvantaged Business
Enterprises (DBE) shall have the opportunity to participate in the performance of contracts
financed in whole or in part by Federal funds in order to create a level playing field.
The Contractor is also encouraged to give every opportunity to allow DBE participation in
Supplemental Agreements.
SDBE SUBCONTRACTOR PAYMENT. The Consultant’s attention is directed to the new SDBE
program requirement to promptly pay and document subcontractor payments (contract section
entitled Prompt Payment to Subcontractors). The Contractor shall pay the subcontractor within
seven (7) days of receipt of payment. Prior to receiving the following month’s payment, the
Contractor shall document prompt payment of the subcontractors. The Contractor shall at the
end of the project, document the final amount paid to each Subcontractor. The forms for
monthly and end of project reporting can be found in the appendix.
SECTION TWO
STANDARD PROPOSAL INFORMATION
2.01
Authorized Signature
An individual authorized to bind the responder to the provisions of the RFQ must sign all
proposals. Proposals must remain open and valid for at least ninety (90) days from the opening
date.
2.02
Pre-proposal Conference
A pre-proposal meeting will be held at 1:30 PM, on August 4, 2009 in the Audit Services
Conference Room of City Hall, 101 City Hall Plaza, in the City of Durham, NC, 27701. The
purpose of the conference is to discuss the On-Call RFQ, potential services to be performed
with the prospective offerors and allow them to ask questions concerning the RFQ. Questions
and answers will be transcribed and sent to prospective offerors as soon as possible after the
meeting. Attendance to the pre-proposal meeting is not mandatory.
Offerors with a disability needing accommodation should contact the Project Manager before
the date set for the pre-proposal conference so that reasonable accommodation can be made.
2.03
Amendments to Proposals
Amendments to or withdrawals of proposals will only be allowed if acceptable requests are
received before the deadline set for receipt of proposals. No amendments or withdrawals will
be accepted after the deadline.
2.04
Supplemental Terms and Conditions
Proposals including supplemental terms and conditions will be accepted, but supplemental
conditions that conflict with those contained in this RFQ or that diminish the City's rights under
any contract resulting from the RFQ will be considered null and void. The City is not
responsible for identifying conflicting supplemental terms and conditions before issuing a
contract award. After award of contract:
[a] if conflict arises between a supplemental term or condition included in the proposal
and a term or condition of the RFQ, the term or condition of the RFQ will prevail, and
[b] if the City's rights would be diminished because of application of a supplemental term
or condition included in the proposal, the supplemental term or condition will be
considered null and void.
2.05
Discussions with Offerors
The City may conduct discussions with offerers for the purpose of clarification. The purpose of
these discussions will be to ensure full understanding of the requirements of the RFQ and
proposal. Discussions will be limited to specific sections of the RFQ identified by the
procurement officer. The Project Manager will only hold discussions with responders who have
submitted a proposal deemed reasonably susceptible for award. Discussions, if held, will be
after initial evaluation of proposals by the review committee. If modifications are made because
of these discussions, they will be put in writing. Following discussions, the Project Manager
may set a time for best and final proposal submissions from those responders with whom
discussions were held. Proposals may be re-evaluated after receipt of best and final proposal
submissions. Re-evaluation will be limited to the specific sections of the RFQ opened to
discussion by the Project Manager.
Responders with a disability needing accommodation should contact the Project Manager
before the date set for discussions so that reasonable accommodation can be made.
2.06
Prior Experience
No specific minimums have been set for this RFQ.
2.07
Evaluation of Proposals
The City will use an evaluation committee to evaluate all proposals. The evaluation will be
based solely on the evaluation factors set out in Section Seven of this RFQ.
2.08
Vendor Tax ID
A valid Federal Tax ID must be submitted to the issuing office with the proposal or within five (5)
days of the City's request.
2.09
City of Durham Business License & Other Required Licenses
All organizations doing business with the City of Durham are required to comply with all state,
local and federal licensing requirements. This includes obtaining a City of Durham business
privilege license (if applicable). Firms selected through the RFQ process will be required to
demonstrate compliance with licensing requirements. All responding firms that are not currently
licensed must provide proof of application for licensure and must obtain all necessary licenses
before entering into a contractual agreement with the City of Durham. To obtain a Privilege
License, call (919) 560-4700.
2.10
Contract Negotiations – Master Agreements
After completion of the evaluation, including any discussions held with responders during the
evaluation, the City may elect to initiate execution of a Master agreement with the selected
firms. The option of whether or not to initiate master agreements rests solely with the City. If
the City elects to initiate master agreements, these agreements cannot involve changes in the
City's requirements or the contractor's proposal, which would, by their nature, affect the basis of
the source selection and the competition previously conducted. If contract negotiations are
commenced, they will be held at a location to be determined in the City of Durham, North
Carolina.
The responder will be responsible for their travel and per diem expenses for these negotiations.
2.11
Failure to Negotiate
If the selected consultant
fails to provide the information required to begin negotiations in a timely manner, or
fails to negotiate in good faith, or
indicates they cannot perform the contract within the budgeted funds available for the
project, or
the contractor and the City, after a good faith effort, simply cannot come to terms,
the City may terminate negotiations with the contractor initially selected and commence
negotiations with the next highest ranked responder.
2.12
Notice of Intent to Award (NIA) — Responder Notification of Selection
After the completion of contract negotiations, the Project Manager will issue a written Notice of
Intent to Award (NIA) and send copies to all offerors. The NIA will set out the names and
addresses of all responders and identify the proposal selected for award. The scores and
placement of other responders will not be part of the NIA.
SECTION THREE
STANDARD CONTRACT INFORMATION
3.01
Contract Type
The selected contractor will be required to sign a City of Durham generated contract. A sample
contract is located in Section Eight. The actual contract may differ from the sample contract.
3.02
Contract Approval
This RFQ does not, by itself, obligate the City. The City's obligation will commence when the
Durham City Council approves the contract. Upon written notice to the contractor, the City may
set a different starting date for the contract. The City will not be responsible for any work done
by the contractor, even work done in good faith, if it occurs before the contract start date set by
the City.
3.03
Proposal as a Part of the Contract
Part or all of this RFQ and the successful proposal may be incorporated into the contract.
3.04
Additional Terms and Conditions
The City reserves the right to add terms and conditions during contract negotiations. These
terms and conditions will be within the scope of the RFQ and will not affect the proposal
evaluations.
3.05
Insurance Requirements
The contractor to whom this contract is awarded shall maintain commercial general liability
insurance applicable to the work of this contract. Contractor shall also maintain workers'
compensation insurance providing statutory benefits. Consultant shall also provide and
maintain professional liability insurance coverage to protect the City of Durham from liability
arising out of the performance of professional services. An insurer that is approved to do
business in North Carolina shall write coverage. Insurer shall agree to provide notice to City not
less than 30 days before any change in coverage. A certificate is required to evidence this
insurance and shall be addressed to City of Durham, attention Finance Department, 101 City
Hall Plaza, Durham, NC 27701.
3.06
Proposed Payment Procedures
The City will make payments based on a negotiated payment schedule. Each billing must
consist of an invoice and progress report. No payment will be made until the Project Manager
has approved the progress report and invoice.
3.07
Contract Payment
No payment will be made until the contract is approved by the Durham City Council and has
been fully executed by all parties. Under no conditions will the City be liable for the payment of
any interest charges associated with the cost of the contract.
3.08
Informal Debriefing
When the contract is completed, an informal debriefing may be performed at the discretion of
the Project Manager. If performed, the scope of the debriefing will be limited to the work
performed by the contractor.
3.09
Termination for Default
If the Project Manager determines that the contractor has refused to perform the work or has
failed to perform the work with such diligence as to ensure its timely and accurate completion,
the City may, by providing written notice to the contractor, terminate the contractor's right to
proceed with part or all of the remaining work.
3.10
Contract Changes - Unanticipated Amendments
During the course of this contract, the contractor may be required to perform additional work.
That work will be within the general scope of the initial contract. When additional work is
required, the Project Manager will provide the contractor a written description of the additional
work and request the contractor to submit a firm time schedule for accomplishing the additional
work and a firm price for the additional work. Cost and pricing data must be provided to justify
the cost of such amendments.
The contractor will not commence additional work until the Project Manager has secured any
required City approvals necessary for the amendment and issued a written contract
amendment.
3.11
Contract Invalidation
If any provision of this contract is found to be invalid, such invalidation will not be construed to
invalidate the entire contract.
3.12
Non-Discrimination Clause
The City of Durham opposes discrimination on the basis of race and sex and urges all of its
contractors to provide a fair opportunity for minorities and women to participate in their work
force and as subcontractors and vendors under city contracts.
3.13
EEO Provisions
During the performance of this contract the contractor agrees as follows:
a. The contractor shall not discriminate against any employee or applicant or
employment because of race, color, religion, sex, national origin, political affiliation or
belief, age, or handicap. The contractor shall take affirmative action to insure that
applicants are employed and that employees are treated equally during employment,
without regard to race, color, religion, sex, national origin, political affiliation or belief,
age, or handicap. Such action shall include but not be limited to the following:
employment, upgrading, demotion, transfer, recruitment or advertising, layoff or
termination, rates of pay or other forms of compensation, and selection for training,
including apprenticeship. The contractor shall post in conspicuous places, available to
employees and applicants for employment, notices setting forth these provisions.
b. The contractor shall in all solicitations or advertisements for employees placed by or
on behalf of the contractor state that all qualified applicants will receive consideration
for employment without regard to race, color, religion, sex, national origin, political
affiliation or belief, age, or handicap.
c. The contractor shall send a copy of the EEO provisions to each labor union or
representative of workers with which it has a collective bargaining agreement or other
contract or understanding.
d. In the event of the contractor's noncompliance with these EEO provisions, the City
may cancel, terminate, or suspend this contract, in whole or in part, and the City may
declare the contractor ineligible for further City contracts.
e. Unless exempted by the City Council of the City of Durham, the contractor shall
include these EEO provisions in every purchase order for goods to be used in
performing this contract and in every subcontract related to this contract so that these
EEO provisions will be binding upon such subcontractors and vendors.
SECTION FOUR
BACKGROUND INFORMATION
4.01
Background Information
The City of Durham, Public Works Department requests statements of qualifications from
consulting firms to provide transportation and engineering support services. The work will be
assigned on an as-needed basis and will consist of a range of services, including but not limited
to: preparing a scope of work for an assigned project, collecting and analyzing data, modeling,
design work, environmental analysis services, preparing maps and construction drawings,
reviewing plans and draft and final Traffic Impact Studies, etc.
The City of Durham will select an On-Call List of six (6) to eight (8) qualified consulting firms to
provide these services, and a Master Agreement will be issued to each selected firm
(CONSULTANT) as work is assigned. The On-Call List will remain in effect for three years.
Consultants on the On-Call list will perform on-call support services on an as-needed basis for
various Public Works Department projects. They may be discrete, short term assignments or
may be part of larger development review, environmental, transportation, engineering,
modeling, traffic, roadway improvement, or other capital projects. The amount of compensation
to the CONSULTANT will be established for each project at the time it is assigned, and
payments will be made under a Supplemental Agreement executed between the City and each
firm.
A CONSULTANT has the option of using sub-consultants, but sub-consultants must be part of
the RFQ team. The City has established no goals for the participation of Small and
Disadvantaged Business Enterprise (SDBE) for each Supplemental agreement. However, firms
are encouraged to make a good faith effort in including SDBE firms as part of their RFQ team.
Also, small qualified firms are encouraged to team up and submit a response. In accordance
with the law, the CONSULTANT shall not discriminate on the basis of race, color, national
origin, or sex in the award or performance of subcontracts. Whenever possible, the
Transportation Division will assign on-call firms to specific assignments on a rotating basis.
However, Transportation may base an assignment on other considerations, including but not
limited to the availability of personnel and the CONSULTANT’s relevant experience. The scope
of work, completion schedule, and duration of each assignment will vary. Some project
assignments could involve extended work durations, but typically, a project assignment will be
thirty days to twelve months
The On-Call firm selected for a specific project assignment shall complete all work required in
accordance with Federal, State, and County requirements and obtain agency approvals and
permits, as necessary
SECTION FIVE
SCOPE OF WORK
5.
Scope of Work & Services
The City of Durham, Public Works Department requests statements of qualifications from
consulting firms to provide transportation and engineering support services. The work will be
assigned on an as-needed basis and will consist of a range of services, including but not limited
to: preparing a scope of work for an assigned project, collecting and analyzing data, modeling,
design work, environmental analysis services, preparing maps and construction drawings,
reviewing plans and draft and final studies, reports, etc.
In general, the selected firm’s ―on-call‖ responsibilities for assisting the City of Durham Public
Works Department may include, but not be limited to, the following:
1. Performance of traffic engineering operational analysis (analysis may include
unsignalized intersections, signalized intersections, coordinated signal systems, and
urban and suburban highways);
2. Development of transportation engineering design plans, specifications, and
estimates (designs may include traffic signals, signs, roadways and appurtenances,
pavement markings, and traffic control);
3. Performance of transportation safety analysis (analysis may include intersection and
roadway segment geometry, roadside design/maintenance, pedestrian/bicycle
operations, railroad grade crossings, and human factors);
4. Assisting with reviewing or preparing traffic impact analyses;
5. Assisting with developing and administering land development regulations such as
driveway standards, access management policies, and transportation impact study
guidelines;
6. Project planning, design, environmental analysis, construction and project
management;
7. Travel demand modeling development and analyses using the Triangle Regional
Model (TRM), including model specifications, survey analysis, model updates, travel
demand forecasting, sub-area model enhancements, non-motorized trip
improvements, select link analysis, developing in-house modeling capabilities, and
similar tasks;
8. Performance of transportation planning analysis; thoroughfare and collector street
planning; and bicycle, pedestrian, and transit mobility planning and design tasks;
9. GIS and spatial data development, application and automation, including application
and function design;
10. Database design and administration;
11. Field Survey Support
12. Computer engineering
13. Assisting in developing tools, products, or procedures for meeting transportation
planning responsibilities such as public involvement and community outreach;
documenting environmental justice and Title VI compliance; financial analysis
including documentation of project cost-effectiveness, fiscal constraint, and funding
needs; land use analysis including socioeconomic forecasts and transportation
impacts; and air quality analysis/conformity issues;
14. Assisting with various technical work items including GIS mapping, data, and analysis
needs; establishing comprehensive/multi-functional transportation project databases;
15. Computer programming, and website design and content management;
16. Performance of feasibility studies (including public involvement/meetings,
development of functional plans, environmental screenings, and preparation of cost
estimates);
17. Preparing traffic calming studies (to include working with neighborhood organizations)
to address traffic concerns in residential neighborhoods;
18. Transit planning and studies, including but not limited to short-range planning, transit
development plan update, services changes, ridership forecasts, etc.
19. Taxicab studies;
20. Preparing City of Durham street impact fee methodology updates; and
21. Construction management of transportation projects, including sidewalks, pedestrian
and bicycle facilities (trails), road widening, or intersection improvements.
22. Preparation of hydrologic and/or hydraulic analyses, no-rise flood studies, requests
for Letters Of Map Change (LOMCs) for FEMA mapped floodplains, and other
stormwater drainage analyses.
23. Development of stormwater design plans, specifications, and estimates for drainage
infrastructure (open channels, culverts, and pipes) and stormwater quality works
(ponds, BMPs, etc.)
24. Stream assessment, monitoring, and classification.
25. Other tasks and services as needed
5.01. Qualifications
Narrative on the firm’s direct and relevant experience doing similar work. Indicate years of
experience in doing various elements of the work tasks related to this project as well as lists and
description of similar projects undertaken (similar type of services required in this RFQ).
Interested firms must meet the following qualifications and possess the expertise enumerated
below:
Multi-modal transportation planning (highway, transit, fixed guideway, freight, bike and
pedestrian).
Development review
Preparation of traffic impact studies
Roadway/highway design and preparation of construction drawings
Civil design
Traffic design
Signalization, illumination and channelization design
Electrical design
Work zone traffic control design
Preparation of estimates
Preparation of specifications
Environmental Assessment (EA)/ Environmental Impact Statement (EIS) and
documentation
Construction management of transportation projects, including sidewalks, pedestrian and
bicycle facilities (trails), road widening, or intersection improvements.
Architecture
Landscape architecture
Value engineering support and managing project delivery
Website design, hosting and content management
GIS application development
GIS design
Database design and administration
Field survey support, mapping and project scoping
Land-use planning and analysis.
Land use development planning and urban design
TOD analysis
Land use scenario analysis and planning
Transportation alternative evaluation.
Traffic analysis
Data analysis
Land use Visualization
Traffic simulation
Sub-area model analysis
Function designs, including context sensitive designs
Access management
Park and Ride planning
Project implementation and
GIS / mapping
Environmental analysis
Public outreach and participation strategies.
Cost estimation
Hydrologic and hydraulic analyses (HEC-HMS, HEC-RAS)
Drainage system design
Best Management Practices (BMPs)
Environmental regulations and permitting (FEMA, USACE, NCDENR)
Etc.
5.2. Proposal Format – RFQ Content Requirements
The Request for of Qualifications (RFQ) submission may not exceed fifty (50) double-sided
standard sized (81/2‖ by 11‖) pages including cover sheet, table of contents, and index sheets.
Resumes included with the proposal shall not exceed four pages per person listed in the
organization chart. Each page must be numbered. Costs for preparing and submitting a
response to this RFQ are entirely the responsibility of the Consultant and shall NOT be charged
to the City or recovered from the City in any way. The RFQ content to submit includes a cover
letter, a conflict of interest disclosure, and a summary of qualifications and experience; it also
includes a schedule of costs and fees. Concise, responsive proposals include the following
sections.
5.21 Transmittal (Cover) Letter - not to exceed four pages, identifying name, address and
telephone number of the principal person representing the firm, signed by a person authorized
to execute an agreement with the City and listing all of the attachments to the proposal. The
cover letter should also include the following:
A. Summary— Provide a brief summary of the firm’s RFQ submission contents, emphasizing
qualifications and capabilities of the Consultant and any sub-consultants, if appropriate. The
summary should indicate an understanding of the services listed in this RFQ.
B. Office Location— Indicate where the work is to be performed. If the work is to be shared
among firms or different offices, then identify the locations and the work to be performed in
each office. The Consultant shall assign a Project Manager with an office In North Carolina.
C. Insurance— Provide a brief statement that the current insurance coverage of the consultant
and any sub-consultants meets the requirements, as stated below, or that the firm and any sub-
consultants will be able to obtain the required insurance coverage (see High Risk and Low Risk
requirements in attachments B and C respectively):
D. Indemnification— Provide a brief statement that the consultant firm and any sub-consultants
shall be able to comply with the City indemnification requirement as shown in Attachments B
and C as well as in the sample contract:
E. SDBE— Provide a brief statement that the consultant firm and any sub-consultants shall
comply with the City Small and Disadvantage Business Enterprise (SDBE) requirements and
applicable and federal State and local regulations concerning equal employment opportunity.
F. Debarment— In accordance with the Code of Federal Regulations, Title 49, Part 29,
Debarment and Suspension Certification, the Consultant shall certify that the consulting firm is
currently not subject to any suspensions, debarments or voluntary exclusions or ineligibility
determinations by any Federal agency.
G. Signature and contact information— The cover letter shall be signed by the Consultant’s
Project Manager and an official authorized to negotiate and contractually bind the firm with the
County regarding the requested services. The Project Manager shall be the main contact with
the City for technical and contractual issues, and shall be responsible for the direction of day-to-
day progress of a specific project assignment. Please provide the telephone number, email, and
office location of the Project Manager.
5.22 Project Team – Include an organization chart for personnel to be used for the project
showing the proposed principal-in-charge, project manager, and key staff. Provide a narrative
description of the qualifications and experience of each key person along with their proposed
responsibilities. A resume may be included for each person shown on the organization chart. If
subconsultants or joint consultants are proposed, include a description of any relevant
association with the proposed subconsultants, not to exceed one page each. Provide examples
of past projects on which the lead firm has worked with each subconsultant. List the names,
addresses, and telephone numbers of any proposed subconsultants or joint consultants.
Provide a description of the team’s project management approach, including philosophy and
approach to ensure effective communication with personnel from various agencies and entities
that will be involved in the project. The Consultant will notify the Project Manager, in
writing, prior to any personnel changes from those specified in the Consultant’s original
approved proposal. Any personnel substitutions are subject to review and approval of
the Project Manager.
5.23 Statement of Qualifications and Experience – Provide a description of the firm and its
expertise, including identification of the firm's primary services, office locations, ability and
capacity to do the work, and professional and support staff members. Include a brief history of
the firm as well as descriptions of projects completed within past five years. Provide references
including names, addresses, and telephone numbers. The following items will be included:
A. A summary of the firm’s overall capabilities, history, recent and related experience, and
expertise. The proposed relationships among all key personnel and support staff that are
expected to provide traffic on-call services should also be identified. Provide information on the
firm’s experience related to previous transportation, engineering, planning, public works, and
traffic impact studies for development projects. Provide information on the firm’s current work
load, facilities, resources, and experience that clearly demonstrate its ability to successfully
complete traffic engineering services within the typical working day constraints stated.
B. A resume for each of the proposed key personnel focusing on relevant experience and the
RFQ assigned function of each key person. Provide information related to previous projects.
Similar information is required for each sub-consultant utilized, if any, and the approximate
percentage of their contribution. The proposal should include a statement describing the firm’s
commitment of the individuals proposed to perform the requested services.
C. A list of similar reference projects that the proposed key personnel have completed in the
last three years. The projects listed should be similar or the same as the services that will be
required for the on-call services. The reference list should include:
- Project description and location;
- Description of services provided;
- Budget performance and schedule performance;
- Key personnel involved; and sub-consultants employed;
- Client name, contact person, and current telephone number:
(Note: If the City cannot reach a contact person at the telephone number provided, then the
reference will not be considered in the proposal evaluation.)
D. A description in more technical detail of at least three primary reference projects (related to
any of the scope of services), completed within the last three years. The primary reference
projects should demonstrate working knowledge and experience regarding the projects.
Describe the approach and methodology used, including any equipment or special software.
Identify the specific level of services that were performed and the work products that were
produced. The description should include a level of detail to differentiate between major and
minor work tasks. Describe any supplemental tasks that were deemed necessary or
recommended, which enhanced outcome, reduced cost, or expedited delivery. Indicate where
the work was performed. If the work was shared among firms or different offices, identify the
office locations and the work that was performed in each office. Identify the project manager’s
specific responsibilities. List all subconsultants that provided services to the CONSULTANT
and describe the role they performed. Identify who performed quality control and provide a
percentage of time that was devoted to this function related to work effort and products.
5.24 Contract Requirements – All proposals must contain a statement that the prospective
consultant has reviewed the language and provisions contained within the Sample Contract
attached hereto (Section 8.03). Consultant must provide a statement indicating any issues or
concerns regarding the sample contract.
5.25 Insurance Requirements – All proposals must contain a statement that liability limits
shown in sample professional services contract and Attachments B and C will be met.
5.26. Schedule of Costs and Fees (Separate sealed envelope only)
Respondents of this RFQ should provide a schedule of costs and fees to be delivered at the
time of the RFQ submittal in a separately sealed envelope. The schedule of costs and fees may
be included in the same package as the RFQ, but it should be contained in a separately sealed
envelope, clearly marked ―Schedule of Costs and Fees for On-Call Services‖ and the name of
the proposing consultant firm... The fee proposal shall include a current hourly rate schedule for
the firm and any subconsultants to be used during the on-call services as well as the unit rates
to be charged for all miscellaneous project-related services such as reproduction, delivery, etc.
Rate schedules must include rates that will be effective through December 2009. Selected
consultants shall be required to submit schedule of fees with each supplemental agreement.
Please note that the schedule of costs and fees will include current fee schedules, personnel
wage rate sheets and other costs. The firm shall provide specific hourly rates for each class of
employee, specialist, and/or subconsultant. Such specific rates of compensation are to include
an hourly breakdown, direct salary costs, salary additives, indirect costs, and fixed-fee or profit.
Other direct costs should be set forth as independent cost items. The schedule of costs and
fees shall include a separate itemization of any additional costs, such as mileage, printing,
postage, and other reimbursable expenses. Please note, specific project assignments will
establish fixed unit pricing and the not-to-exceed amount for each specific project assignment.
5.3 RFQ Submission Procedures and Requirements
5.31 The City reserves the right to reject any and all RFQs, or to negotiate separately with any
source whatsoever in any manner necessary to serve the best interests of the City.
Nonacceptance of any FRQ will be devoid of any criticism and of any implication that the
qualifications or the proposals were deficient.
5.32 Costs for developing RFQs are entirely the responsibility of the Consultant and shall not be
chargeable in any way to the City. All materials submitted become the property the City and
may be returned only at the City’s option.
5.33 Six (6) hard copies (5 bound and 1 unbound) and ten (10) electronic (digital) copies
in CD format of the Request for Qualifications, signed by an authorized representative to:
Felix Nwoko, Transportation Planning Manger
City of Durham
Department of Public Works, Transportation Division
101 City Hall Plaza
Durham, NC 27701
Label the envelope or box containing the RFQ in the lower left corner as follows:
On-Call Services RFQ
Name of Submitting Firm
OPEN BY SPECIAL PROJECTS DIVISION ONLY
The RFQ must be delivered and received by Transportation Division no later than 4:00 p.m. on
Monday, August 17, 2009. RFQs delivered after this time will be rejected and returned to the
proposer unopened.
5.34 At the time of the RFQ submittal, the Consultant shall also submit a single, separate and
sealed envelope containing the firm’s schedule of costs and fees. This separate sealed
envelope shall be clearly marked ―Schedule of Costs and Fees for On-Call Services‖ and shall
include the name of the proposing consultant firm. The contents of the sealed envelope shall
follow the direction provided in Section 3.6 Schedule of Costs and Fees.
5.4 RFQ Technical Questions
5.41 General questions regarding the selection process may be directed to Felix Nwoko,
Transportation Planning Manager, at the telephone number (919) 560-4366 ext 30424 or
felix.nwoko@durhamnc.gov
5.42 Technical questions regarding the requested services must be submitted in writing and
must be received according to the schedule in Section 5.51 Consultant Selection Schedule.
Written questions should be of a technical nature to allow for the clarification of the RFQ.
Please direct written questions to Felix Nwoko, preferably by email:
felix.nwoko@durhamnc.govor fax to: (919) 560-4561 or deliver to: Transportation Division,
Public Works Department, 101 City Hall Plaza, Durham, NC 27701.
5.43 No written technical questions regarding this RFQ will be answered after the designated
time. Responses to written questions that warrant a clarification of the RFQ will be posted at
http://www.durhamnc.gov and www.dchcmpo.org as an addendum. Prospective Consultants
are encouraged to visit these websites for updated information, including any addenda
regarding this On-Call Services RFQ.
5.5 CONSULTANT SELECTION PROCESS
5.51 Consultant Selection Schedule
The City will follow the consultant selection the tentative schedule listed below, but reserves the
right to modify the schedule in any manner necessary to serve the best interests of the City:
Release Request for Qualifications................... Wednesday, July 22, 2009
Written Questions Submitted ............................ Friday, July 31, 2009
Pre-proposal meeting (non-mandatory)………...Tuesday, August 4, 2009
Release Response to Written Questions ..........Monday, August 10, 2009
Statement of Qualifications Due ....................... Monday, August 17, 2009, by 4:00 p.m.
Notification/Scheduling Oral Interviews ............ Friday, August 28, 2009
Consultants Oral Interviews .............................. September 3 and 4, 2009
Notify Consultants of Selection..........................Wednesday, September 9, 2009
Master Agreements Preparation........................September 9-22, 2009
Agreement Council agenda submittal................ Tuesday, September 22, 2009
Council Approves Master Agreements……………Monday, October 19, 2009
5.52 Qualifications Evaluation
The City will review the RFQs for completeness, clarity, and content. Each RFQ will be reviewed
to determine if it meets the proposal requirements contained in Sections 5.1 1 and 5.2 The City
may reject any RFQ if it is conditional, incomplete or contains irregularities. The City may waive
an immaterial deviation or irregularity in an RFQ submittal without amending the RFQ
requirements. The City will assemble a selection committee which will evaluate those RFQs that
meet the qualification and proposal requirements, and will also select candidate firms for oral
presentations and interviews. Reference checks will be conducted by the City staff according to
the schedule in Section 5.51 Consultant Selection Schedule. The evaluation of the written
qualifications will be based on the criteria shown in Attachment E. The selection committee will
consist of members from the Transportation Division and Engineering\Stormwater Services
Division of the Department of Public Works, staff members from the City EOEA and Finance
departments and may include members of other City departments. Aside from the evaluation
process described herein, consultants or their representatives are strictly prohibited from
attempting to influence the outcome of the selection by contacting selection committee
members, elected officials, City staff, or other individuals and entities involved in the process of
selecting the consultant. Any such attempt to influence selection outside of the proscribed
process will be grounds for disqualification.
5.53 Oral Presentation and Interview Selection Process
An oral presentation and interview will be conducted with the firms that are ranked the six (6) to
eight (8) highest based upon written qualifications and references. The Selection Committee
may choose to increase or decrease the number of firms interviewed. Those firms invited to
interviews will be notified of the dates and times of their interviews. The City anticipates that oral
interviews would be arranged according to the schedule on Section 5.51 Consultant Selection
Schedule. Firms will also be notified of additional information, if any, to be submitted at the oral
presentation and interview. Failure to appear at the oral presentation and interview will be
considered non-responsive and the firm will be eliminated from further consideration. Oral
presentations and interviews would be evaluated using the criteria shown in Attachment E.
5.54 Selection Process
In most cases when projects come up, they require critical project development time frames that
must be met. Therefore, preference will be given to the consulting firms that demonstrate the
availability of key qualified personnel and a commitment to begin work as soon as possible
when needed, and will cover all of the needs and requirements of the proposed specific project
assignment. Based upon the evaluation of written Statements of Qualifications reference
checks and interview/oral presentation, the selection committee will select six (6) to eight (8)
firms to be considered the most qualified to provide on-call services. Please note, prolonged
negotiations with any firm may result in the City selecting another firm from the On-Call List,
regardless of ranking, for a project specific assignment.
The sealed schedule of costs and fees of the selected consultants with the highest scores will
be opened after the final scores have been tabulated and firms have been ranked for the On-
Call List. Selection of the firms for the On-Call list will be based on qualifications, references,
and presentation; the sealed schedule of costs and fees will be used as a starting point for
negotiations with the selected firms.
5.55 Specific Project Assignments
The City will select on-call consulting firms for specific project assignments on a rotating basis.
However, the City may select any firm on the On-Call list based on a range of factors including,
but not limited to, the specialized qualifications of key personnel, recent project experience in a
specific work area, and the firm’s past performance in provided services to the City. At the time
of the specifying a project assignment, the City will provide the relevant background information
to the selected on-call firm. The selected firm will prepare and submit to SJCDPW a specific
project assignment scope of work, cost proposal, and schedule. Specific project assignments
will establish fixed unit pricing and the not-to-exceed amount for each specific project
assignment. At that time, the selected firm will also delineate for the City any perceived special
conditions associated with the specific project assignment. The selected firm’s scope of work,
cost proposal, and schedule will be used as the starting point for negotiating a specific project
assignment supplemental Agreement and/or task order. If terms to establish a Supplemental
Agreement, acceptable to the City, cannot be reached in a reasonable period of time, then the
City will cease negotiation with the selected firm and negotiate with another firm from the On
Call list. The compensation discussed with one prospective firm will not be disclosed or
discussed with another firm. This process will be repeated, if necessary, until a specific project
assignment Supplemental Agreement, acceptable to the City, is negotiated. The Purchase
Order will not be in force until it is approved and fully executed by the City Manager. The firm
shall perform services as requested by the City, only after receipt of a fully executed
Supplemental Agreement and the authorized City representative has issued a written ―Notice to
Proceed‖ for each specific project assignment.
5.6 FIRM ON INACTIVE STATUS OR REMOVING A FIRM
The criteria outlined below will be used to place a firm on inactive status or remove a firm from
the ―On-Call‖ List.
1. If a selected firm loses their technical expertise and does not replace that expertise within two
(2) months, then the firm will be put on inactive status. Replacement of technical expertise will
require written City approval to allow the firm to be reinstated on the ―On-Call‖ List.
2. If a selected firm declines a specific project assignment two (2) consecutive times, then the
firm will be put on inactive status. A written request from the inactive firm, providing appropriate
justification, will be required to seek reinstatement on the ―On-Call‖ List. Written City approval
will be required to allow the firm to be reinstated on the ―On-Call‖ List.
REMOVING A FIRM:
A firm may be removed from the ―On-Call‖ List for any of the following reasons as determined
by the City:
1. Loss of Technical Expertise - If a firm loses their technical expertise and has not replaced
that expert within three (3) months.
2. Declining work - If a firm is put on inactive status two (2) times for declining specific project
assignments.
3. Responsiveness and accessibility of the Project Manager - If a Project Manager is
nonresponsive and inaccessible for more than five (5) working days.
4. Poor quality control - If a firm exhibits poor quality control.
5. Poor work product and/or deliverables - If a firm produces poor work product and/or
deliverables.
6. Late work milestone performance and/or late deliverables - If a firm performs work milestones
late and/or delivers late work product or deliverables.
5.02
Deliverables
N/A
5.03
Work Schedule
The contract term and work schedule set out herein represent the City's best estimate of the
schedule that will be followed. If a component of this schedule, such as the RFQ submittal
date, is delayed, the rest of the schedule will be shifted by the same number of days.
The length of the Master Agreements will be from the date of award, approximately October,
2009, for three (3), October 2012.
The approximate contract schedule is as follows:
[a] Issue RFQ, Wednesday, July 22, 2009.
[b] Non-Mandatory Pre-proposal Conference, Tuesday, August 4, 2009.
[c] Receive Written Proposals, Monday, August 17, 2009, by 4:00 p.m.
[d] Consultant Short List by August 24-28, 2009.
[e] Consultant Short List Interviews/references check/Selection and City issues Notice of
Intent to Enter into Master Agreements by September 7 – September 22, 2009.
[f] Council Approves Master Agreements byt, October 19, 2009,
[g] City executes Master Agreements November 2, 2009,
[h] Notice to Proceed, November 9, 2009
SECTION SIX
PROPOSAL FORMAT AND CONTENT
6.01
Proposal Format and Content
The City discourages overly lengthy and costly proposals; however in order for the City to
evaluate proposals fairly and completely, offerors should follow the format set out herein and
provide all of the information requested. See Section 5 (sub-sections 3 and 4
6.02
Introduction
Proposals must include the complete name and address of their firm and the name, mailing
address, and telephone number of the person the City should contact regarding the proposal.
Proposals must confirm that the firm will comply with all of the provisions in this RFQ, and, if
applicable, provide notice that the firm qualifies as a City of Durham bidder. Proposals must be
signed by a company officer empowered to bind the company. An offeror's failure to include
these items in their proposals may cause their proposal to be determined to be non-responsive
and the proposal may be rejected.
6.03
Understanding of the Project
Offerors must provide a comprehensive narrative statement that illustrates their understanding
of the requirements of the project and the project schedule.
6.04
Methodology Used for the Project
Offerors must provide a comprehensive narrative statement that sets out the methodology they
intend to employ and illustrates how their methodology will serve to accomplish the work and
meet the City's project schedule.
6.05
Management Plan for the Project
Offerors must provide a comprehensive narrative statement that sets out the management plan
they intend to follow and illustrates how their plan will serve to accomplish the work and meet
the City's project schedule.
6.06
Experience and Qualifications
Provide an organizational chart specific to the personnel assigned to accomplish the work called
for in this RFQ, illustrate the lines of authority, designate the individual responsible and
accountable for the completion of each component and deliverable of the RFQ.
Provide a narrative description of the organization of the project team.
Provide a personnel roster that identifies each person who will actually work on the contract and
provide the following information about each person listed:
[a] title,
[b] resume,
[c] location(s) where work will be performed, and
Provide reference names and phone numbers for similar projects your firm has completed.
6.07
Cost Proposal
Do not include costs with this proposal – include cost proposal in a sealed
separate envelop (please include also the completed attached level of effort
spreadsheet). Please see 3.6 under Section Five.
6.08
Evaluation Criteria
All proposals will be reviewed to determine if they are responsive. They will then be evaluated
using the criteria set out in Section Seven.
SECTION SEVEN
EVALUATION CRITERIA AND CONTRACTOR SELECTION
THE TOTAL NUMBER OF POINTS USED
TO SCORE THIS CONTRACT IS 100
7.01
Understanding of the RFQ Scope of Service—20%
Proposals will be evaluated against the questions set out below.
[a] Does the consultant have an extensive knowledge, understanding and familiarity with
the services summarized in the scope of services?
[b] Does the consultant have an extensive and demonstrated understanding and
knowledge in the areas of interest highlighted in the Consultant’s RFQ )?
[c] How well has the responder identified pertinent issues and potential problems
related to the scope of services?
[d] How well has the responder demonstrated that it understands the project's time
schedule and can meet it?
7.02
Methodology Used for the Project—15%
[a] How well does the proposal document in a clear and concise manner the
methodologies for undertaking various work elements and tasks associated with
this On-Call Services?
[b] How well did the responder address the similar reference projects as requested in
the RFQ?
[c] How well does the methodology interface with the time schedule in the RFQ. Did the
consultant provide fee schedule (cost estimates) and table of resource assignment?
[e] Did responder demonstrate a thorough understanding of the On-call servicess that
the City expects the firm to provide, and pertinent issues related to the scope and
purpose of the On-Callt (Firm’s interest, understanding of all facets of the project
scope and clear and concise responses to the scope of work) ?
[e] Proposed innovative strategies and schedule/timeline for accomplishing the project.
7.03
Management Plan for the On-Call Services—25%
Proposals will be evaluated against the questions set out below.
[a] Does the proposal provide adequate explanation on the ability of the firm to complete
the work in a timely manner as requested in the RFQ. How well does the
management plan support all of the project requirements?
[b] How well is accountability completely and clearly defined?
[c] Is the organization of the project team clear (flow charts, roles and responsibilities
and time line provided)?
[d] How well does the management plan illustrate the lines of authority and
communication?
[e] To what extent does the offeror already have the hardware, software, equipment,
and licenses necessary to perform the contract?
[f] Adherence to the City’s SBDE program.
[g] Is the proposal practical and feasible?
[h] Is the proposal submitted responsive to all material requirements in the RFQ?
[i] Identification of personnel who would actually work on the proposed project,
indicating educational background, experience, availability (including current
workload) and ability of staff members in the firm assigned to this project to complete
the project on the required schedule.
7.04
Experience and Qualifications—40%
Identification of personnel who would actually work on the proposed project, indicating
educational background, experience, availability (including current workload) and ability of staff
members in the firm assigned to this project to complete the project on the required schedule.
Proposals will be evaluated against the questions set out below.
Questions regarding the personnel:
[a] Does the consultant have an extensive knowledge, relevant and extensive
experience and skills in accomplishing services in which the firm expressed interest
in?
[b] Does the consultant have an extensive and demonstrated experience working on
similar projects? How many similar projects have key members worked on?
[c] Do the individuals assigned to the project/services have extensive, direct and
relevant experience and skills for accomplishing tasks and work elements as
described in this RFQ?
[d] Are resumes complete and do they demonstrate backgrounds that would be
desirable for individuals engaged in the work the services require?
[e] How extensive is the applicable education and experience of the personnel
designated to work on the project?
[f] What is the extent of the firm’s experience, knowledge, ability and familiarity with the
project?
[g] Has the firm provided a list of references for similar project performed by firm and
designated key personnel?
Questions regarding the firm:
[h] How well has the firm demonstrated experience in completing similar projects on
time and within budget?
[i] How successful is the general history of the firm regarding timely and successful
completion of projects?
[j] Has the firm provided letters of reference from previous clients?
[k] Demonstrated capabilities of the firm/sub-consultant team? If a subcontractor will
perform work on the contract, how well do they measure up to the evaluation used
for the offeror?
SECTION EIGHT
ATTACHMENTS
Attachment A.1
Conflict of Interest Affidavit
State of ________________
Affidavit
County of ______________
I, _____________________, on behalf, and as authorized representative of,
__________________(hereinafter, ―Consulting Firm‖), affirm and attest that the
Consulting Firm
presently has no interest that has not been previously disclosed to the City; and, shall not
acquire any interest, direct or indirect, which could conflict in any manner or degree with the
performance of services required to be performed; and, in the event of change in either private
interests or services required, the CONSULTANT will immediately raise with the City any
question regarding possible conflict of interest which may arise as a result of such change. At
the City’s discretion, a potential conflict of interest may be waived or factored into final award
decisions and/or a modified scope of work
______________________________
Affiant
Sworn to (or affirmed) and subscribed before me this _____________ day of
______________, 200____.
Official Seal
Notary Public
My commission expires _________________, 2009_.
Attachment A.2
State of ________________
Affidavit
County of ______________
______________________, appearing before the undersigned notary and being duly sworn, says
that:
He (she), _____________________ affirms that he (she) has not engaged in collusion with any
City employee(s), other person, corporations or firms relating to this bid, proposals or quotations.
He (she) understands collusive bidding is a violation of state and federal law and can result in
fines, prison sentences, and civil damage awards.
______________________________
Affiant
Sworn to (or affirmed) and subscribed before me this _____________ day of
______________, 2009.
Official Seal
Notary Public
My commission expires _________________, 2009.
Attachment B
Transportation On Call Design Engineer-- High Risk
INSURANCE and INDEMNIFICATION
1. General Insurance Requirements
Workers’ Compensation
CONSULTANT shall have and maintain, during the period of this Agreement and
Supplemental Agreements, Worker's Compensation and Employer’s Liability Insurance with a
company or companies authorized to do business in the State of North Carolina, for the
protection of CONSULTANT's employees, as required by law of any employer.
Vehicle Liability
CONSULTANT shall also provide and maintain in full force and effect during the time of this
Agreement and Supplemental Agreements, insurance covering the operation of automobiles and
other vehicles in a company authorized to do business in North Carolina and satisfactory to
CITY, protecting CONSULTANT and CITY against liability from damages because of injuries,
including death, suffered by any person or persons other than employees of CONSULTANT,
and liability or damages to property, arising from or growing out of CONSULTANT's
operations in connection with the performance of this Agreement and Supplemental
Agreements. Such insurance shall covered owned, non-owned, and hired vehicles and shall
provide combined single limits of not less than One Million Dollars ($1,000,000) per accident.
Commercial General Liability
CONSULTANT shall maintain commercial general liability insurance covering
premises/operations, products/completed operations, broad form property damage, contractual
liability, independent contractors (if any), and XCU coverage (explosion, collapse, and
underground) if any apply to the work of this contract. Coverage shall be maintained with an
insurance company authorized to do business in North Carolina and satisfactory to CITY. Such
insurance shall provide, at a minimum, combined single limits of $3,000,000. The City of
Durham, North Carolina, it officers, employees, and elected officials shall be named as
additional insured. The additional insured coverage must be evidenced by either an original of
the endorsement to effect the coverage, or, if blanket coverage is provided, then the agent shall
indicate the form number in the proper section of the certificate of insurance.
2. Professional Liability Insurance
CONSULTANT shall also provide and maintain Professional Liability Insurance coverage to
protect CITY from liability arising out of the performance of professional services, if any, under
this Agreement and Supplemental Agreements. Such coverage shall be in the sum of not less
than Three Million Dollars ($3,000,000). Prior written approval of the CITY shall be required
if CONSULTANT maintains a deductible greater than $50,000.
3. Indemnification
(a) To the maximum extent allowed by law, the Consultant shall defend, indemnify, and
save harmless Indemnitees from and against all Charges that arise in any manner from, in
connection with, or out of this contract as a result of acts or omissions of the Consultant or
subcontractors or anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable. In performing its duties under this subsection “a,” the Counsultant
shall at its sole expense defend Indemnitees with legal counsel reasonably acceptable to City. (b)
Definitions. As used in subsections “a” above and “c” below -- “Charges” means claims,
judgments, costs, damages, losses, demands, liabilities, duties, obligations, fines, penalties,
royalties, settlements, and expenses (included without limitation within “Charges” are (1) interest
and reasonable attorneys' fees assessed as part of any such item, and (2) amounts for alleged
violations of sedimentation pollution, erosion control, pollution, or other environmental laws,
regulations, ordinances, rules, or orders -- including but not limited to any such alleged violation
that arises out of the handling, transportation, deposit, or delivery of the items that are the subject
of this contract). “Indemnitees” means City and its officers, officials, independent contractors,
agents, and employees, excluding the Contractor (c) Other Provisions Separate. Nothing in this
section shall affect any warranties in favor of the City that are otherwise provided in or arise out of
this contract. This section is in addition to and shall be construed separately from any other
indemnification provisions that may be in this contract. (d) Survival. This section shall remain in
force despite termination of this contract (whether by expiration of the term or otherwise) and
termination of the services of the Consultant under this contract. (e) Limitations of the
Consultant’s Obligation. If this section is in, or is in connection with, a contract relative to the
design, planning, construction, alteration, repair or maintenance of a building, structure, highway,
road, appurtenance or appliance, including moving, demolition and excavating connected
therewith, then subsection “a” above shall not require the Consultant to indemnify or hold
harmless Indemnitees against liability for damages arising out of bodily injury to persons or
damage to property proximately caused by or resulting from the negligence, in whole or in part, of
Indemnitees.
Attachment C
Transportation On Call Design Engineer-- Low Risk
INSURANCE and INDEMNIFICATION
1. General Insurance Requirements
Workers’ Compensation
CONSULTANT shall have and maintain, during the period of this Agreement and
Supplemental Agreements, Worker's Compensation and Employer’s Liability Insurance with a
company or companies authorized to do business in the State of North Carolina, for the
protection of CONSULTANT's employees, as required by law of any employer.
Vehicle Liability
CONSULTANT shall also provide and maintain in full force and effect during the time of this
Agreement and Supplemental Agreements, insurance covering the operation of automobiles and
other vehicles in a company authorized to do business in North Carolina and satisfactory to
CITY, protecting CONSULTANT and CITY against liability from damages because of injuries,
including death, suffered by any person or persons other than employees of CONSULTANT,
and liability or damages to property, arising from or growing out of CONSULTANT's
operations in connection with the performance of this Agreement and Supplemental
Agreements. Such insurance shall covered owned, non-owned, and hired vehicles and shall
provide combined single limits of not less than One Million Dollars ($1,000,000) per accident.
Commercial General Liability
CONSULTANT shall maintain commercial general liability insurance covering
premises/operations, products/completed operations, broad form property damage, contractual
liability, independent contractors (if any), and XCU coverage (explosion, collapse, and
underground) if any apply to the work of this contract. Coverage shall be maintained with an
insurance company authorized to do business in North Carolina and satisfactory to CITY. Such
insurance shall provide, at a minimum, combined single limits of $1,000,000. The City of
Durham, North Carolina, it officers, employees, and elected officials shall be named as
additional insured. The additional insured coverage must be evidenced by either an original of
the endorsement to effect the coverage, or, if blanket coverage is provided, then the agent shall
indicate the form number in the proper section of the certificate of insurance.
2. Professional Liability Insurance
CONSULTANT shall also provide and maintain Professional Liability Insurance coverage to
protect CITY from liability arising out of the performance of professional services, if any, under
this Agreement and Supplemental Agreements. Such coverage shall be in the sum of not less
than One Million Dollars ($1,000,000). Prior written approval of the CITY shall be required if
CONSULTANT maintains a deductible greater than $50,000.
3. Indemnification
(a) To the maximum extent allowed by law, the Consultant shall defend, indemnify, and
save harmless Indemnitees from and against all Charges that arise in any manner from, in
connection with, or out of this contract as a result of acts or omissions of the Consultant or
subcontractors or anyone directly or indirectly employed by any of them or anyone for whose acts
any of them may be liable. In performing its duties under this subsection “a,” the Counsultant
shall at its sole expense defend Indemnitees with legal counsel reasonably acceptable to City. (b)
Definitions. As used in subsections “a” above and “c” below -- “Charges” means claims,
judgments, costs, damages, losses, demands, liabilities, duties, obligations, fines, penalties,
royalties, settlements, and expenses (included without limitation within “Charges” are (1) interest
and reasonable attorneys' fees assessed as part of any such item, and (2) amounts for alleged
violations of sedimentation pollution, erosion control, pollution, or other environmental laws,
regulations, ordinances, rules, or orders -- including but not limited to any such alleged violation
that arises out of the handling, transportation, deposit, or delivery of the items that are the subject
of this contract). “Indemnitees” means City and its officers, officials, independent contractors,
agents, and employees, excluding the Contractor (c) Other Provisions Separate. Nothing in this
section shall affect any warranties in favor of the City that are otherwise provided in or arise out of
this contract. This section is in addition to and shall be construed separately from any other
indemnification provisions that may be in this contract. (d) Survival. This section shall remain in
force despite termination of this contract (whether by expiration of the term or otherwise) and
termination of the services of the Consultant under this contract. (e) Limitations of the
Consultant’s Obligation. If this section is in, or is in connection with, a contract relative to the
design, planning, construction, alteration, repair or maintenance of a building, structure, highway,
road, appurtenance or appliance, including moving, demolition and excavating connected
therewith, then subsection “a” above shall not require the Consultant to indemnify or hold
harmless Indemnitees against liability for damages arising out of bodily injury to persons or
damage to property proximately caused by or resulting from the negligence, in whole or in part, of
Indemnitees.
Attachment D : SCOPE OF SERVICES - CHECK LISTS
No of staff Avg. Years of
Interest Firms ability available to experience
of Firm & capability perform (key
No. Description of Scope of Services (x) (x) services personnel)
Performance of traffic engineering operational analysis
(analysis may include unsignalized intersections,
signalized intersections, coordinated signal systems, and
1 urban & suburban highways.
Development of transportation engineering design plans,
specifications, and estimates (designs may include traffic
signals, signs, roadway and appurtenances, pavement
2 markings, and traffic control).
Performance of transportation safety analysis (analysis
may include intersection & roadway segment geometry,
roadside design/maintenance, pedestrian/bicycle
3 operations, railroad grade crossings, and human factors).
4 Assisting with reviewing traffic impact analyses.
Assisting with developing and administering land
development regulations such as driveway standards,
access management policies, and transportation impact
5 study guidelines.
Project planning, design, environmental analysis,
6 construction and project management.
Travel demand modeling development and analyses using
the Triangle Regional Model (TRM), including model
specification, survey analysis, model update, travel
demand forecasting, sub-area model enhancements, non-
motorized trip improvements, select link analysis,
7 developing in-house modeling capabilities, etc.
Performance of transportation planning analysis;
thoroughfare and collector street planning; and bicycle,
8 pedestrian, and transit mobility issues.
GIS and spatial data development, application and
9 automation.
Assisting in developing tools, products, or procedures for
meeting transportation planning responsibilities such as
public involvement and community outreach; documenting
environmental justice and Title VI compliance; financial
analysis including documentation of project cost-
effectiveness, fiscal constraint, and funding needs; land use
analysis including socioeconomic forecasts and
transportation impacts; and air quality analysis/conformity
10 issues.
Assisting with various technical work items including GIS
mapping, data, and analysis needs; establishing
comprehensive/multi-functional transportation project
11 databases.
Computer programming, and website design and content
12 management.
Performance of Feasibility Studies (includes public
involvement/meetings, development of functional plans,
environmental screening, and preparation of costs
13 estimates).
Preparing traffic calming studies (to include working with
neighborhood organizations) to address traffic concerns in
14 residential neighborhoods.
Transit planning and studies, including but not limited to
short-range planning, transit development plan update,
15 services changes, ridership forecasts, etc.
16 Taxi cab studies;.
Preparing City of Durham street impact fee methodology
17 updates.
Construction and/or management of transportation
projects, including sidewalks, pedestrian and bicycle
facilities (trails), road widening, intersection
18 improvements.
Appendix E
On-Call Services Evaluation Criteria
(a) (b)
Max
1 WRITTEN RESPONSE score score
1.
1 Understanding of On-Call Services RFQ 20
1.
2 Methodology and Approach 15
1.
3 Management Plan 25
1.
4 Experience and Qualification 40
Total Written Response 100
2 ORAL PRESENTATION/INTERVIEW
2.
1 Firm's overall capabilities 10
2. Similar referenced project and primary
2 refenced projects as requested 5
2. Demonstrated knowledge of required work
3 services 5
2. Local Presence and demonstrated sensitivity
4 to local issues 5
Total Oral Interview Score 25
TOTAL WRITTEN + ORAL INTERVIEW 125
8.03
Sample Contract
This contract is made and entered into as of the _____ day of ___________________,
20_____, by the City of Durham (―City‖) and [name of firm] (―Contractor‖), [Indicate type of
entity, for instance:
a corporation organized and existing under the laws of [name of State];
a professional corporation organized and existing under the laws of [name of State]; a
professional association organized and existing under the laws of [name of State]; a limited
partnership organized under the laws of [name of State]; a sole proprietorship; or a general
partnership].
Sec. 1. Background and Purpose. [Several sentences are usually plenty.]
Sec. 2. Services and Scope to be Performed. The Contractor shall [state the services
to be provided and the schedule for those services.]. In this contract, ―Work‖ means the
services that the Contractor is required to perform pursuant to this contract and all of the
Contractor’s duties to the City that arise out of this contract.
Sec. 3. Complete Work without Extra Cost. Except to the extent otherwise specifically
stated in this contract, the Contractor shall obtain and provide, without additional cost to the
City, all labor, materials, equipment, transportation, facilities, services, permits, and licenses
necessary to perform the Work.
Sec. 4. Compensation. The City shall pay the Contractor for the Work as follows:
[Describe the timing of payments, how amounts are calculated, etc. List the kinds of expenses,
if any, that the City will reimburse.]. The City shall not be obligated to pay the Contractor any
payments, fees, expenses, or compensation other than those authorized by this section.
Sec. 5. Contractor’s Billings to City. The Contractor shall send invoices to the City on a
monthly basis for the amounts to be paid pursuant to this contract. Each invoice shall
document, to the reasonable satisfaction of the City: such information as may be reasonably
requested by the City. [City staff - Add any special requirements or detail needed in the
invoices.] Within twenty days after the City receives an invoice, the City shall send the
Contractor a check in payment for all undisputed amounts contained in the invoice.
Sec. 6. Insurance.
Workers’ Compensation Insurance
CONSULTANT shall have and maintain, during the period of this Agreement and
Supplemental Agreements, Worker's Compensation and Employer’s Liability Insurance with a
company or companies authorized to do business in the State of North Carolina, for the
protection of CONSULTANT's employees, as required by law of any employer (Employers’
liability, with a limit of not less than $1,000,000).
Automobile Liability Insurance
CONSULTANT shall also provide and maintain in full force and effect during the time of this
Agreement and Supplemental Agreements, insurance covering the operation of automobiles
and other vehicles in a company authorized to do business in North Carolina and satisfactory to
CITY, protecting CONSULTANT and CITY against liability from damages because of injuries,
including death, suffered by any person or persons other than employees of CONSULTANT,
and liability or damages to property, arising from or growing out of CONSULTANT's operations
in connection with the performance of this Agreement and Supplemental Agreements. Such
insurance shall covered owned, non-owned, and hired vehicles and shall provide combined
single limits of not less than One Million Dollars ($1,000,000) per claim applicable to this
contract. The City of Durham must be named additional insured.
Commercial General Liability
CONSULTANT shall maintain commercial general liability insurance covering
premises/operations, products/completed operations (this coverage shall be maintained for 6
years following the date of acceptance of the completed building by the City), broad form
property damage, contractual liability, independent contractors (if any), and XCU coverage
(explosion, collapse, and underground) if any apply to the work of this contract. Coverage shall
be maintained with an insurance company authorized to do business in North Carolina and
satisfactory to CITY. Such insurance shall provide, at a minimum, combined single limits of
$1,000,000. The City of Durham, North Carolina, must be named as additional insured. The
additional insured coverage must be evidenced by either an original of the endorsement to
effect the coverage, or, if blanket coverage is provided, then the agent shall indicate the form
number in the proper section of the certificate of insurance.
Professional Liability Insurance
CONSULTANT shall also provide and maintain Professional Liability Insurance coverage
to protect CITY from liability arising out of the performance of professional services, if any,
under this Agreement and Supplemental Agreements. Such coverage shall be in the sum of not
less than One Million Dollars ($1,000,000). Prior written approval of the CITY shall be required
if CONSULTANT maintains a deductible greater than $10,000.
Insurance shall be provided by:
companies authorized to do business in the State of North Carolina
companies with Best rating of A or better.
Insurance shall be evidenced by a certificate:
providing notice to the City of not less than 30 days prior to cancellation or reduction of
coverage
certificates shall be addressed to:
City of Durham, North Carolina
attention: Finance Director
101 City Hall Plaza
Durham, NC 27701
both the insurance certificate and the additional insured endorsement must be originals and
must be approved by the City's Finance Director before Contractor can begin any work
under this contract.
Sec. 7. Performance of Work by City. If the Contractor fails to perform the Work in
accordance with the schedule referred to in section ____ above, the City may, in its discretion,
in order to bring the project closer to the schedule, perform or cause to be performed some or
all of the Work, and doing so shall not waive any of the City’s rights and remedies. Before
doing so, the City shall give the Contractor notice of its intention. The Contractor shall
reimburse the City for additional costs incurred by the City in
exercising its right to perform or cause to be performed some or all of the Work pursuant to this
section.
Sec. 8. Attachments. The following attachments are made a part of this contract:
Attachment A [Insert title of attachment] containing [insert number] page(s).
Attachment B [Insert title of attachment] containing [insert number] page(s).
In case of conflict between an attachment and the text of this contract excluding the
attachment, the text of this contract shall control.
Sec. 9. Notice. (a) All notices and other communications required or permitted by this
contract shall be in writing and shall be given either by personal delivery, fax, or certified United
States mail, return receipt requested, addressed as follows:
To the City:
[Insert name and department]
City of Durham
101 City Hall Plaza
Durham, NC 27701
The fax number is (919)______.
To the Contractor:
[Insert name and address]
The fax number is ___________.
(b) Change of Address. Date Notice Deemed Given. A change of address, fax number,
or person to receive notice may be made by either party by notice given to the other party. Any
notice or other communication under this contract shall be deemed given at the time of actual
delivery, if it is personally delivered or sent by fax. If the notice or other communication is sent
by United States mail, it shall be deemed given upon the third calendar day following the day on
which such notice or other
communication is deposited with the United States Postal Service or upon actual delivery,
whichever first occurs.
Sec. 10. Indemnification. (a) To the maximum extent allowed by law, the Contractor
shall defend, indemnify, and save harmless Indemnitees from and against all Charges that arise
in any manner from, in connection with, or out of this contract as a result of acts or omissions of
the Contractor or subcontractors or anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable. In performing its duties under this subsection
"a", the Contractor shall at its sole
expense defends Indemnitees with legal counsel reasonably acceptable to City. (b)
Definitions. As used in subsections "a" above and "c" below -- "Charges" means claims,
judgments, costs, damages, losses, demands, liabilities, duties, obligations, fines, penalties,
royalties, settlements, and expenses (included without limitation within "Charges" are (1)
interest and reasonable attorneys' fees assessed as part of any such item, and (2) amounts for
alleged violations of sedimentation pollution, erosion control, pollution, or other environmental
laws, regulations, ordinances, rules, or orders --
including but not limited to any such alleged violation that arises out of the handling,
transportation, deposit, or delivery of the items that are the subject of this contract).
"Indemnitees" means City and its officers, officials, independent contractors, agents, and
employees, excluding the Contractor (c) Other Provisions Separate. Nothing in this section
shall affect any warranties in favor of the City that are otherwise provided in or arise out of this
contract. This section is in addition to and shall be construed
separately from any other indemnification provisions that may be in this contract. (d) Survival.
This section shall remain in force despite termination of this contract (whether by expiration of
the term or otherwise) and termination of the services of the Contractor under this contract. (e)
Limitations of the Contractor's Obligation. If this section is in, or is in connection with, a contract
relative to the design, planning, construction,
alteration, repair or maintenance of a building, structure, highway, road, appurtenance or
appliance, including moving, demolition and excavating connected therewith, then subsection
"a" above shall not require the Contractor to indemnify or hold harmless Indemnitees against
liability for damages arising out of bodily injury to persons or damage to property proximately
caused by or resulting from the negligence, in whole or in part, of Indemnitees.
Sec. 11. Miscellaneous
(a) Choice of Law and Forum. This contract shall be deemed made in Durham
County, North Carolina. This contract shall be governed by and construed in accordance
with the law of North Carolina. The exclusive forum and venue for all actions arising out
of this contract shall be the North Carolina General Court of Justice, in Durham County.
Such actions shall neither be commenced in nor removed to federal court. This section
shall not apply to subsequent actions to enforce a judgment entered in actions heard
pursuant to this section.
(b) Waiver. No action or failure to act by the City shall constitute a waiver of any
of its rights or remedies that arise out of this contract, nor shall such action or failure to
act constitute approval of or acquiescence in a breach there under, except as may be
specifically agreed in writing.
(c) Performance of Government Functions. Nothing contained in this contract
shall be deemed or construed so as to in any way stop, limit, or impair the City from
exercising or performing any regulatory, policing, legislative, governmental, or other
powers or functions.
(d) Severability. If any provision of this contract shall be unenforceable, the
remainder of this contract shall be enforceable to the extent permitted by law.
(e) Assignment. Successors and Assigns. Without the City's written consent, the
Contractor shall not assign (which includes to delegate) any of its rights (including the
right to payment) or duties that arise out of this contract. Unless the City otherwise
agrees in writing, the Contractor and all assignees shall be subject to all of the City’s
defenses and shall be liable for all of the Contractor’s duties that arise out of this contract
and all of the City’s claims that
arise out of this contract. Without granting the Contractor the right to assign, it is agreed
that the duties of the Contractor that arise out of this contract shall be binding upon it and
its heirs, personal representatives, successors, and assigns.
(f) Compliance with Law. In performing all of the Work, the Contractor shall
comply with all applicable law.
(g) City Policy. THE CITY OPPOSES DISCRIMINATION ON THE BASIS OF
RACE AND SEX AND URGES ALL OF ITS CONTRACTORS TO PROVIDE A FAIR
OPPORTUNITY FOR MINORITIES AND WOMEN TO PARTICIPATE IN THEIR WORK
FORCE AND AS SUBCONTRACTORS AND VENDORS UNDER CITY CONTRACTS.
(h) EEO Provisions. During the performance of this Contract the Contractor agrees
as follows: (1) The Contractor shall not discriminate against any employee or applicant for
employment because of race, color, religion, sex, national origin, political affiliation or
belief, age, or handicap. The Contractor shall take affirmative action to insure that
applicants are employed and that employees are treated equally during employment,
without regard to race, color, religion, sex, national origin, political affiliation or belief, age,
or handicap. Such action shall include but not be limited to the following: employment,
upgrading, demotion, transfer, recruitment or advertising, layoff or termination, rates of pay
or other forms of compensation, and selection for training, including apprenticeship. The
Contractor shall post in conspicuous places, available to employees and applicants for
employment, notices setting forth these EEO provisions. (2) The Contractor shall in all
solicitations or advertisement for employees placed by or on behalf of the Contractor, state
that all qualified applicants will receive consideration for employment without regard to
race, color, religion, sex, national origin, political
affiliation or belief, age, or handicap. (3) The Contractor shall send a copy of the
EEO provisions to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding. (4) In the event of the
Contractor's noncompliance with these EEO provisions, the City may cancel, terminate, or
suspend this contract, in whole or in part, and the City may declare the Contractor ineligible
for further City contracts. (5) Unless exempted by the City Council of the City of Durham,
the Contractor shall include these EEO provisions in every purchase order for goods to be
used in performing this contract and in every subcontract related to this contract so that
these EEO provisions will be binding upon such subcontractors and vendors.
(i) SDBE. The Contractor shall comply with all applicable provisions of Chapter
26 of the Durham City Code (the Small and Disadvantaged Business Enterprises
ordinance), as amended from time to time. The failure of the Contractor to comply with
that chapter shall be a material breach of contract, which may result in the rescission, or
termination of this contract and/or other appropriate remedies in accordance with the
provisions of that chapter, this contract, and State law. The final version of all SDBE
documents and information submitted by the Contractor and approved by the City of
Durham are a legal and binding part of this contract.
(j) No Third Party Rights Created. This contract is intended for the benefit of the
City, the Contractor, and not any other person.
(k) Principles of Interpretation and Definitions. In this contract, unless the context
requires otherwise: (1) the singular includes the plural and the plural the singular. The
pronouns ―it‖ and ―its‖ include the masculine and feminine. References to statutes or
regulations include all statutory or regulatory provisions consolidating, amending, or
replacing the statute or regulation. References to contracts and agreements shall be
deemed to include all amendments to them.
The words "include", "including", etc. mean include, including, etc. without limitation. (2)
References to a "Section‖ or ―section" shall mean a section of this contract. (3)
―Contract‖ and ―Agreement‖, whether or not capitalized, refer to this instrument. (4) Titles
of sections, paragraphs, and articles are for convenience only, and shall not be
construed to affect the meaning of this contract. (5) ―Duties‖ includes obligations. (6)
The word "person" includes natural persons, firms, companies, associations,
partnerships, trusts, corporations, governmental agencies and units, and other legal
entities. (7) The word ―shall‖ is mandatory. (8) The word ―day‖ means calendar day.
(l) Modifications. Entire Agreement. A modification of this contract is not valid
unless signed by both parties and otherwise in accordance with requirements of law.
Further, a modification is not enforceable against the City unless the City Manager or a
deputy or assistant City Manager signs it for the City. This contract contains the entire
agreement between the parties pertaining to the subject matter of this contract. With
respect to that subject matter, there
are no promises, agreements, conditions, inducements, warranties, or understandings,
written or oral, expressed or implied, between the parties, other than as set forth or
referenced in this contract.
IN WITNESS WHEREOF, the City and the Contractor have caused this contract to be executed
under seal themselves or by their respective duly authorized agents or officers.
This instrument has been pre-audited in the manner required by the Local Government
Budget and Fiscal Control Act.
___________________________ ______________
City's finance officer Date
8.04
Equal Business Opportunity Ordinance
CITY OF DURHAM
SMALL DISADVANTAGED BUSINESS
ENTERPRISE PROGRAM
PROFESSIONAL SERVICES FORMS
Revised 06/08
Mailing Address: Street Address:
101 City Hall Plaza 302 East Pettigrew Street, C-180
Durham, North Carolina 27701 Durham, North Carolina 27701
Phone: 919-560-4180
Facsimile: 919-560-4513
CITY OF DURHAM EQUAL BUSINESS OPPORTUNITY PROGRAM
Policy Statement
It is the policy of the City to provide equal opportunities for City contracting to small firms owned by socially and
economically disadvantaged persons doing business in the City’s Contracting Marketplace. It is further the policy
of the City to prohibit discrimination against any firm in pursuit of these opportunities, to conduct its contracting
activities so as to prevent such discrimination, to correct the present effects of past discrimination and to resolve
complaints of discrimination.
Goals
To increase the dollar value of all City contracts for goods and services awarded to small disadvantaged
business enterprises, it is a desire of the City that the contractor will voluntarily undertake efforts to increase
the participation of socially and economically disadvantaged individuals at higher skill and responsibility
levels within non-minority firms engaged in contracting and subcontracting with the City.
The Equal Opportunity/Equity Assurance Director shall establish project specific goals for each project or
contract based upon the availability of small disadvantaged business enterprises (SDBE’s) within the defined
scope of work, delineated into percentages of the total value of the work.
Equal Business Opportunity Ordinance
SDBE Participation Documentation
If applicable information is not submitted with your proposal, your proposal will be deemed non-responsive.
Declaration of Performance must be completed and submitted with your proposal.
SDBE Participation Documentation must be used to document participation of Small Disadvantaged
Business Enterprise (SDBE) on Professional Services projects. All SDBEs must be certified by the City
of Durham’s Equal Opportunity/Equity Assurance Department prior to submission date. If a business
listed has not been certified, the amount of participation will be reduced from the total utilization.
Managerial Profile must be used to list the managerial persons in your workforce who will be participating
in this project.
Equal Employment Opportunity Statement for your company must be completed and submitted with
your proposal.
Employee Breakdown must be completed and submitted for the location providing the
service/commodity. If the parent company will be involved in providing the service/commodity on the
City contract, a consolidated employment breakdown must be submitted.
Letter of Intent to Perform as a Sub-consultant/Subcontractor must be completed for SDBEs
proposed to perform on a contract. This form must be submitted with the proposal.
Post Proposal Submission SDBE Deviation
Post proposal submission SDBE deviation participation documentation must be used to report and
deviation from SDBE participation either prior to or subsequent to startup of the project. The Equal
Opportunity/Equity Assurance Department must be notified if the proposed sub-consultant/subcontractor
is unable to perform and for what reasons. Substitutions of sub-consultants/subcontractor, both prior to
and after awarding of a contract, are subject to City approval.
SDBE Goals Not Met/Documentation of Good Faith Efforts
It is the responsibility of consultants/contractors to make good faith efforts. Good Faith Efforts means the
sum total of efforts by a particular business to provide equitable participation of socially and economically
disadvantaged employees and sub-consultants/subcontractors.
Whenever contract alternatives, amendments or extra work orders are made individually or in the
aggregate, which increase the total value of the original contract, the consultant must make a good faith
effort to increase SDBE participation such that the amounts subcontracted are consistent with the
established goals.
SELECTION OF CONSULTANTS/CONTRACTORS
FOR ARCHITECTURAL/ENGINEERING
AND OTHER PROFESSIONAL SERVICES
Goal
The purpose is to provide Small Disadvantaged Businesses equal opportunities for participation on City of
Durham contracts.
Definition of the Scope of the Selection Policy
The Equal Opportunity/Equity Assurance Director shall establish SDBE participation goals for each contract
to be awarded by the City. Project specific goals for each project or contract will be based upon the
availability of small disadvantaged business enterprises (SDBE’s) within the defined scope of work,
delineated into percentages of the total value of the work.
In addition to SDBE’s specifically certified by the City and listed in a database maintained by the EO/EA
Department, the City of Durham may consider a formal certification of another entity to determine
whether an applicant meets requirements of the Equal Business Opportunity Program, provided that the
City Manager or designee determines that the certification standards of such entity are comparable to
those of the City. The City of Durham has determined that the following certifications are comparable to
its own and may be used by bidders/proposers: North Carolina Department of Transportation (N.C.
DOT), United States Small Business Administration (U.S. SBA) and Raleigh-Durham Airport Authority
(RDU).
In lieu of SDBE’s listed in its SDBE System, the City of Durham will accept women and minority
firms certified by N.C. DOT, U.S. SBA and RDU as meeting its SDBE goal requirements provided the
bidder/proposer submits evidence that the firm is currently certified by one of the stated entities at the
time of bid/proposal. Failure to provide evidence of certification may disqualify the firm’s participation
for the purpose of meeting SDBE goals.
Any firm submitted in this manner will be contacted and urged to complete an abbreviated
certification process with the City of Durham. For purposes of this document and associated forms, any
reference to a “City Certified SDBE,” an “SDBE certified by the City” or similar reference shall include
reference to a qualified women or minority owned firm certified and approved in accordance with the
above paragraphs, even where specific reference is made to the City SDBE database.
Small Disadvantaged Business Proposal Requirements
The prime consultant/contractor shall submit a proposal in accordance with the City of Durham’s
request for Proposal. In addition, the prime consultant/contractor must submit all required
Professional Services SDBE Forms.
Selection Committee for Professional Services
A selection committee shall be established to be composed of the following: City Manager or a designated
representative of this office; Director of Finance or a designated representative of this office; department
head responsible for the project; City Engineer if engineering services are involved; the Equal
Opportunity/Equity Assurance Director and Purchasing Manager. Other representatives shall be called upon
as needed based on their areas of expertise.
The committee shall screen the proposals based on the following criteria:
1. Firms; interest in the project;
2. Current work in progress by firm;
3. Past experience with similar projects;
4. General proposal for carrying out the required work;
5. Designation of key personnel who will handle the project, with resume for each;
6. Proposed associate consultants/contractors, SDBE subconsultants;
7. Indication of capability for handling project;
8. Familiarity with the project;
9. References;
10. SDBE Participation; and
11. Documentation of Good Faith efforts.
After ranking the firms presenting proposals based on the above criteria, interviews will be conducted by
the selection committee with the top ranked firms (3-5). The contracting department will make the final
recommendation, prepare contracts for review by the City Attorney, and prepare the recommendation for
the City Council including the following:
1. Description and scope of the project;
2. Recommended firm;
3. Contract cost;
4. Time limits;
5. Basis for selection;
6. Source for funding;
7. Equal Business Opportunity Ordinance compliance; and
8. Recommendation that the contract be approved by the City Council.
Contract Award
A provision must be written in each contract with an architect or engineer requiring them to work with
Equal Opportunity/Equity Assurance Department in creating and identifying separate work.
Project Evaluation
An evaluation shall be made of each contract after its completion to be used in consideration of future
professional services contracts. The evaluation shall cover appropriate items from the check list for ranking
applicants. A copy of the evaluation shall be given to the consultant, and any comment he/she cares to make
shall be included in the files.
DECLARATION OF PERFORMANCE BY CONSULTANT/CONTRACTOR
Briefly address each of the following items:
1. A brief synopsis of the company and the products/services it provides:
2. Describe the normal procedure used on a bid of this type, giving the flow of purchase from the
company to the ultimate purchaser:
3. List anyone outside of your company with whom you will contract on this bid:
The undersigned consultant/contractor certifies that: (check appropriate box)
a) _____ It is the normal business practice of the consultant/contractor to perform all elements of the
contract with its own workforce without the use of subcontractors/vendors; and
b) _____ That the above documentation demonstrates this firm’s capabilities to perform all elements of
the contract with its own work force or without the use of subcontractors/vendors.
c) _____ The vendor/contractor will use a subconsultant(s) in the fulfillment of this scope of work.
Date Authorized Signature
PARTICIPATION DOCUMENTATION
(TO BE COMPLETED BY PRIME CONSULTANT/CONTRACTOR ONLY)
Names of all firms
Project (including
prime and SDBE Nature
subconsultants/sub- Firm of % of Project
contractors) Location Yes/No Participation Work
TOTAL _________________
_______________________________________________________________
Name - Authorized Officer of Prime Consultant/Contractor Firm (Print/Type)
_______________________________________________________________
Signature - Authorized Officer of Prime Consultant/Contractor Firm
________________________________
Date
Managerial Profile
Name of Firm: ______________________________________
Contact Person: ______________________________________
Title: ______________________________________
Address: ______________________________________
Telephone No.: ______________________________________
Date: ______________________________________
List the managerial persons in your work force who will be participating in this project, including name, position, and wheth er
the individuals are minority or woman within the definition* of the City of Durham’s Equal Business Opportunity Ordinance.
Managerial Employees
SOCIALLY/ECONOMICALLY
DISADVANTAGED*
NAME POSITION (YES/NO)
_____________________ ________________________ ______________________
_____________________ _______________________ ______________________
_____________________ ________________________ ______________________
_____________________ ________________________ ______________________
_____________________ ________________________ ______________________
_____________________ ________________________ ______________________
_____________________ ________________________ ______________________
_____________________ ________________________ ______________________
_____________________ ________________________ ______________________
* M-Minority(African American) W-Woman Other-H-Hispanic, AI-American Indian, AS-Asian
American, Handicapped
EQUAL EMPLOYMENT OPPORTUNITY STATEMENT
(You may submit your organization’s EEO policy in lieu of this sheet)
EMPLOYEE BREAKDOWN
Part A – Employee statistics for the primary location.
M——a——l——e——s F——e——m——a——l——e——s
Employment Total Total Total White Black Hispanic Asian or Indian or White Black Hispanic Asian or Indian
category employee males females Pacific Alaskan Pacific or
s Islander Native Islander Alaskan
Native
Project
manager
Professional
Technical
Clerical
Labor
Totals
Part B – Employee statistics for the consolidated company. (See instructions for this form on
whether this part is required.)
M——a——l——e——s F——e——m——a——l——e——s
Employment Total Total Total White Black Hispanic Asian or Indian or White Black Hispanic Asian or Indian
category employee males females Pacific Alaskan Pacific or
s Islander Native Islander Alaskan
Native
Project
manager
Professional
Technical
Clerical
Labor
Totals
Letter of Intent to Perform as a Sub-Consultant
The undersigned intends to perform work in connection with the above project as a SDBE:
Minority (African American) • Woman • Hispanic •
American Indian • Asian American • Handicapped •
The SDBE status of the undersigned is certified by the City of Durham as identified by the attached copy
of certification or the attached SDBE Contractor Identification List supplied by the EO/EA Department.
The undersigned is prepared to perform the following described work in connection with the above project
(specify in detail particular work items or parts thereof to be performed):
You have projected the following commencement date for such work, and the undersigned is projecting
completion of such work as follows:
ITEMS PROJECTED COMMENCEMENT PROJECTED
DATE COMPLETION
DATE
The consultant will subcontract __________% of the dollar value of this contract to a SDBE
subconsultant/subcontractor and/or non-SDBE subconsultant/subcontractor.
The undersigned will enter into a formal agreement in the amount of $________________________ for the
above work with you, conditioned upon your execution of a contract with the City of Durham.
Name___________________________________Title___________________________
Company________________________________Telephone______________________
Address________________________________________________________________
Signature_______________________________________________________________
REQUEST TO CHANGE SDBE PARTICIPATION
Project: ______________________________________________________________________
Name of bidder or consultant:_____________________________________________________
Name and title of representative bidder or consultant: __________________________________
Address (including zip code): _____________________________________________________
Telephone number: _________________________ Fax number: _______________________
Email address: _______________________________________
Total amount of original contract, before any change orders or amendments: ________________
Total amount of the contract, including all approved change orders and amendments to date, but
not counting the changes proposed in this form: _______________________________________
Dollar amount of changes proposed in this form: ______________________________________
The proposed change (check one) increases decreases the dollar amount of the
bidder’s/consultant’s contract with the City.
Does the proposed change decrease the SDBE participation? (check one) yes no
If the answer is yes, complete the following:
BOX A. For the subcontract proposed to be changed (increased, reduced, or eliminated):
Name of subconsultant: ________________________________________________________
Goods and services to be provided before this proposed change: _______________________
___________________________________________________________________________
Is it proposed to eliminate this subcontract? yes no
If the subcontract is to be increased or reduced, describe the nature of the change (such as adding
$5,000 in environmental work and deleting $7,000 in architectural):
_____________________________
___________________________________________________________________________
Dollar amount of this subcontract before this proposed change: __________________________
Dollar amount of this subcontract after this proposed change: ___________________________
This subconsultant is (check one):
1. City-certified Black-owned SDBE
2. City-certified Women-owned SDBE
3. City-certified SDBE that is neither Black-owned nor women owned, but to be credited
as
3(a) Black-owned SDBE 3(b) Women-owned SDBE
4. not a City-certified SDBE
BOX B. Proposed subcontracts other than the subcontract described in Box A above
Name of subcontractor for the new work: ____________________________________________
Goods and services to be provided by this proposed subcontract: ________________________
_____________________________________________________________________________
Dollar amount proposed of this proposed subcontract: __________________________________
This subcontractor is (check one):
1. City-certified Black-owned SDBE
2. City-certified women-owned SDBE
3. City-certified SDBE that is neither Black-owned nor women owned, but to be credited
as
3(a) Black-owned SDBE 3(b) Women-owned SDBE
4. not a City-certified SDBE
Add additional sheets as necessary.
SDBE GOALS NOT HAVING BEEN MET. The following information must be presented by
the consultant concerning good faith efforts taken.
It is the responsibility of consultants to make good faith efforts. Any act or omission by the City shall not relieve
them of this responsibility. For future efforts, it shall be comprised of such efforts which are proposed to allow
equitable participation of socially and economically disadvantaged employees and sub-consultants/subcontractors.
The City Manager shall apply the following criteria, with due consideration of the quality, quantity, intensity and
timeliness of efforts of consultants/contractors, in determining good faith efforts to engage SDBEs along with
other criteria that the City Manager deems proper:
Name of Bidder: ______________________________________________________________________
If you find it helpful, feel free to attach pages to explain your answers. How many pages is your firm
attaching to this questionnaire? ____________ (Don’t count the 2 pages of this questionnaire.)
If a yes or no answer is not appropriate, please explain the facts. All of the answers to these questions
relate only to the time before your firm submitted its bid or proposal to the City. In other words,
actions that your firm took after it submitted the bid or proposal to the City cannot be mentioned or
used in any answers.
1. SOLICITING SDBEs.
(a) Did your firm solicit, through all reasonable and available means, the interest of all SDBEs certified
(that is, in the City’s database) in the scope of work of the contract? yes no
(b) In such soliciting, did your firm advertise? yes no Are you attaching copies to this
questionnaire, indicating the dates and names of newspaper or other publication for each ad if that
information is not already on the ads? yes no
(c) In such soliciting, did your firm send written (including electronic) notices or letters? Are you
attaching one or more sample notices or letters? yes no
(d) Did your firm attend the pre-bid conference? yes no
(e) Did your firm provide interested SDBEs with timely, adequate information about the plans,
specifications, and requirements of the contract? yes no
(f) Did your firm follow up with SDBEs that showed interest? yes no
(g) With reference to the SDBEs that your firm notified of the type of work to be subcontracted , did
your firm tell them:
(i) the specific work your firm was considering for subcontracting? yes no
(ii) that their interest in the contract is being solicited? yes no
(iii) how to obtain and inspect the applicable plans and specifications and descriptions of items
to be purchased? yes no
2. BREAKING DOWN THE WORK.
(a) Did your firm select portions of the work to be performed by SDBEs in order to increase the
likelihood that the goals would be reached? yes no
(b) If yes, please describe the portions selected. ANSWER:
3. NEGOTIATION. In your answers to 3, you may omit information regarding SDBEs for which you
are providing Form E-105.
(a) What are the names, addresses, and telephone numbers of SDBEs that you contacted? ANSWER:
(b) Describe the information that you provided to the SDBEs regarding the plans and specifications for
the work selected for potential subcontracting. ANSWER:
(c) Why could your firm not reach agreements with the SDBEs that your firm made contact with? Be
specific. ANSWER:
4. ASSISTANCE TO SDBEs ON BONDING, CREDIT, AND INSURANCE.
(a) Did your firm or the City require any subcontractors to have bonds, lines of credit, or insurance?
yes no (Note: In most projects, the City has no such requirement for subcontractors.)
(b) If the answer to (a) is yes, did your firm make efforts to assist SDBEs to obtain bonds, lines of credit,
or insurance? yes no If yes, describe your firm’s efforts. ANSWER:
(c) Did your firm provide alternatives to bonding or insurance for potential subcontractors?
yes no If yes, describe. ANSWER:
5. GOODS AND SERVICES. What efforts did your firm make to help interested SDBEs to obtain
goods
or services relevant to the proposed subcontracting work? ANSWER:
6. USING OTHER SERVICES.
(a) Did your firm use the services of the City to help solicit SDBEs for the work? yes no
Please explain. ANSWER:
(b) Did your firm use the services of available minority/women community organizations, minority and
women contractors' groups, government-sponsored minority/women business assistance agencies,
and other appropriate organizations to help solicit SDBEs for the work? yes no
Please explain. ANSWER:
Name Mailing City Stat Zipcod Gender/Rac Contact Phones
Address e e e ID
Alison A. 106 Cary NC 27511 W Alison A. 919-363-4415;fax919-363-4415;
Pockat, ASLA Steepbank Pockat aapockat@earthlink.net
Drive
ASD 4819 Durha NC 27707 M Joy 800-803-9057;fax512-836-
Consultants, Emperor m Simmons, 3802;curtis2aia@aol.com;cell512
Inc. Blvd., Ste. Curtis 4239
400 Brown
Asoka & 2409 E. Durha NC 27707 M Yasmin 919-682-2860;fax919-682-
Company Weaver m Fozard 2860;yfozard@aol.com;410-979-
Street
CLH Design, 400 Cary NC 27511 W Ann 919-319-6716;fax919-319-
PA Regency Thomas 7516;athomas@clhdesignpa.com
Forest Dr.,
Ste. 120
Connico 2594 N. Mount TN 37122 W Connie 615-758-7474;fax615-758-
Incorporated Mount Juliet Gowder 7477;cgowder@connico.com
Juliet Road
Construction 2311 Chapel NC 27516 H Michael 919-672-6961;fax919-932-
Estimating Homestead Lopez 1946;mlopeznc@yahoo.com
and Road
Consulting
Services
Ellen Cassilly 600 Foster Durha NC 27701 W Ellen 919-530-1149;fax919-530-
Architect, Inc. Street m Cassilly 1718;ellen@ellencassillyarchitect
G.H. Williams PO Box Durha NC 27702 M George H. 919-956-7166;fax919-688-
Collaborative 1266 m Williams 4492;ghwc@mindspring.com
, PA
H. Richardson 5104 Sky Durha NC 27704 M Henry 919-956-8240;fax919-530-
& Company, Lane Drive m Richardso 1770;jrichardson54@nc.rr.com;ce
Inc. n -4123
Hart Design 6216 Durha NC 27713 M Ashley 919-572-1680;fax919-572-
Group, PLLC Fayetteville m Hernandez 1694;ahernandez@hartdg.com;ce
Rd., Ste -8514
101A
JAE PO Box 668 Wake NC 27588 H James 919-341-7088;fax919-341-
Architecture, Forest Esquivel 6742;james@jae-arch.com;cell69
Inc 6658
Maxwell Land 1317 Durha NC 27712 W Michele 919-3088910;nofax;mld-
Design, Inc. Briardale m Maxwell maxwell@nc.rr.com;cell919-308-
Lane
Phoenix & 800 N. Durha NC 27701 M Eric 919-422-8926;fax919-530-
Associates Mangum m Phoenix 1770;ericphoenix@aol.com
Street,
Suite 108-B
Quinn 4094 Fairfax VA 22033 W Jennifer 703-818-0721;fax703-818-9392
Consulting Majestic La. Pratt;
Services #281 Elizabeth
Incorporated Quinn
Vicinski
Rohadfox 411 W. Durha NC 27701 M Rebekah 919-682-5741;fax919-683-
Construction Chapel Hill m Rohadfox 3072;rccsc@rccsc.net
Control Serv. Street, Ste.
Corp. 512
Rohadfox 411 W. Durha NC 27701 M Rebekah 919-682-5741;fax919-683-
Construction Chapel Hill m Rohadfox 3072;rccsc@rccsc.net
Control Serv. Street, Ste.
Corp. 512
Susan 1020 Raleigh NC 27605 W Susan 919-838-9600;fax919-838-
Hatchell Washingto Hatchell 9700;Hatchell@aol.com
Landscape n Street
Arch., PLLC
Susan 1020 Raleigh NC 27605 W Susan 919-838-9600;fax919-838-
Hatchell Washingto Hatchell 9700;Hatchell@aol.com
Landscape n Street
Arch., PLLC
The Harris 1901 W. Durha NC 27707 M Patricia 919-625-8302;do not fax/email;fa
Collaborative Lakewood m Harris 5463;peharris@earthlink.net
, PLLC Avenue
Yongue 3203 Durha NC 27713 M Joseph 919-544-0145;yongueaia@aol.co
Architects, Yorktown m Henry 919-971-1004
PA Avenue, Yongue
Ste. 121
Name Mailing City Stat Zipcod Gender/Rac Contact Phones
Address e e e ID
B&F 2805 Raleigh NC 27606 W Amber 919-389-8102;fax919-467-
Consulting, Tobermory Farrelly 8827;afarrelly@nc.rr.com
Inc. Lane
B&E Jackson & 229 Atlanta GA 30303 M Birdell F. 404-577-4914;fax404-577-
Associates, Peachtree Jackson, III 1613;bjackson@bejackson.c
Inc. Street N. E.
BREE & PO Box 675 Durham NC 27702 M Robert 919-469-3330;fax919-469-
Associates, Lancaster 3370;breeinc@bellsouth.net
Inc.
Capstone Civil PO Box Charlotte NC 28215 M Charles 704-567-0769;fax704-567-
Group 44434 Brown 0974;cbrown@capstonecivil
CH PO Box Raleigh, NC 27622 W Maha 919-788-0224;fax919-788-
Engineering, 30128 Chambliss 0232;mchambliss@ch-engr.c
PLLC
Fitzgerald & 72 Cedar Hartford CT 6106 W A. Ruth 860-247-7200;fax860-247-
Halliday, Inc. Street Fitzgerald 7206;rfitzgerald@fhiplan.com
Gibson PO Box 700 Fuquay- NC 27526 W Glenda 919-552-2253;fax919-552-
Engineers, PC Varina Gibson 2254;contact@gibsonengine
Greene 2405 Wake NC 27587 W Christa 919-210-
Transportatio Grayson Forest Greene 5116;christa@greenetranspo
n Solution, PC Creek Drive -210-5116
James 7409 Lea Charlotte NC 28227 M James 704-806-0960;faxjamwilli1@
Williams Wood Lane Williams
Consulting
John PO Box 4131 Winston- NC 27115 M John M. 336-744-1636;fax336-458-
Davenport Salem Davenport 9377;dcoburn@davenportw
Engineering, , Jr.
Inc.
KFH Group, 4920 Elm Bethesda MD 20814 W Sue Knapp 301-951-8660;fax301-951-
Inc. Street, Suite 0026;sknapp@kfhgroup.com
350
KHAFRA 230 Atlanta GA 30303 M Sandra 404-693-8228;fax404-525-
Engineering Peachtree Mason 3611;smason@khafra.com;c
Consultants, St., Suite
Inc. 200
KLS 21525 Sterling VA 20166 AS Leverson 703-444-7686;fax703-444-
Engineering Ridgetop Boodlal 7688;Leverson.Boodlal@KLS
Circle, Suite
140
Kubilins 201 Yorktown VA 23693 W Margaret 757-594-1419;fax980-321-
Transportatio Production A. Kubilins 0108;thenry@kubilins.com;
n Group, Inc. Drive, 2nd
Floor
MA 598 East Cary, N.C. 27511 AS Arvin 919-297-0220;fax919-297-
Engineering Chatham Maniktala 0221;maec@maec.com;919-
Consultants, Street, Suite
Inc. 137
Maxwell Land 1317 Durham NC 27712 W Michele 919-3088910;nofax;mld-
Design, Inc. Briardale Maxwell maxwell@nc.rr.com;cell919-
Lane
Mekuria 2517 Farlow Raleigh NC 27603 M Belayneh 919-833-8743;fax919-833-
Engineering, Gap Lane Mekuria 8743;Bmekuria@nc.rr.com;9
Inc.
Morton & 9121 Anson Raleigh NC 27615 W Jeanell 919-882-6066;919-256-
Morton Way, Suite Morton 7609;jdmorton@nc.rr.com
Design 101
Services, PLLC
NFE 117 Morrisvill NC 27560 AS Dr. Vinnie 919-469-4800;fax919-319-84
Technologies, Internationa e Goel vgoel@nfetech.com
Inc. l Drive
Planners for 6067 Union City GA 30291 M Inga D. 770-306-0100;fax770-306-
Environmental Roosevelt Kennedy 7754;inga@bellsouth.net;c6
Quality, Inc. Highway
Planners for 6067 Union City GA 30291 M Inga D. 770-306-0100;fax770-306-
Environmental Roosevelt Kennedy 7754;inga@bellsouth.net;c6
Quality, Inc. Highway
SEPI 1025 Wade Raleigh, N.C. 27605 W Sepideh 919-789-9977;fax919-789-
Engineering Avenue Asefnia 9591;dvinogradov@sepiengi
Group, Inc.
Simpson 5520 Dillard Cary NC 27518 M David 919-852-0468;fax919-852-
Engineers & Dr., Ste. 120 Simpson 0598;dsimpson@simpsonen
Associates, PC
Spaulding and 974 Trinity Raleigh NC 27607 W Stephanie 919-854-7990;f919-854-
Norris Road Norris 7925;Stephanie@spauldingn
T3 Design, P. 3927 Old Fairfax VA 22030 W Leslie 703-359-5861;fax703-359-
C. Lee Prokop 5863;lprokop@t3design.us
Highway,
Suite 101-C
Ward 8386 Six Raleigh, N.C. 27615 W Becky L. 919-870-0526;fax919-870-53
Consulting Forks Rd., Ward corp.com;cell812-7298
Engineers, P.C. Ste.101