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REQUEST FOR QUALIFICATIONS
FOR
ON CALL PROFESSIONAL ENGINEERING
SERVICES FOR COMPREHENSIVE STORMWATER WATERSHED
STUDIES
Submittal Due Date: 5:00 p.m., October 31st, 2018
Contact: Kimberly S. Toon, Purchasing Manager
City of Fayetteville
Finance Department - Purchasing Office
433 Hay Street
Fayetteville, NC 28301
910-433-1942
It is the policy of the City of Fayetteville to provide local, small and minorities equal opportunity for
participating in all aspects of the City's contracting and procurement programs, including but not
limited to, construction projects, supplies and materials purchase, and professional and personal
service contracts.
iii
Table of Contents Section 1 – Request for Qualifications ......................................................................................................... 1
Introduction ............................................................................................................................................... 1
Submittal of Qualification Package .......................................................................................................... 1
Pre-Submittal Conference and Questions ................................................................................................. 2
Section 2 - Submittal Package Requirements ............................................................................................... 3
1 – Letter of Transmittal/General Information/Executive Summary ........................................................ 3
2 – Organization of Consultant Team, Firm Capacity and Workload ...................................................... 3
3 – Personnel Qualifications ..................................................................................................................... 4
4 – Experience and Expertise .................................................................................................................... 4
5 - Project Understanding, Approach and Schedule ................................................................................. 4
Section 3 - Evaluation and Award of Projects .............................................................................................. 7
Evaluation ................................................................................................................................................. 7
Award ........................................................................................................................................................ 7
Section 4 - Scope of Work ............................................................................................................................ 9
4.1 Background ......................................................................................................................................... 9
4.2 City Wide Program Management for Watershed Studies ................................................................. 10
4.3 Individual Watershed Studies (12 total) ............................................................................................ 12
4.3.1 Project Management, Meetings, Public/Stake Holder Engagement .......................................... 12
4.3.2 ESRI/GIS ................................................................................................................................... 13
4.3.3 Data Collection .......................................................................................................................... 13
4.3.4 Watershed Model/Capital Improvement Plan Development ..................................................... 14
4.3.5 Final Report and Deliverables .................................................................................................... 15
Section 5 – General Contracting Terms ...................................................................................................... 17
Exhibit A: General Consulting Service Agreement ...................................................................................... 2
Exhibit B: Federal Contracting Terms ........................................................................................................ 12
1
Section 1 – Request for Qualifications
Introduction
The City of Fayetteville’s Public Services Department is seeking consulting firms with expertise in
stormwater master planning, program development and watershed modelling to submit qualifications for
consulting services to develop comprehensive Stormwater Watershed Studies (WS’s) for the City’s 12
unstudied watersheds. The goal of the WS’s is to take an integrated and comprehensive look at the City of
Fayetteville’s current and long- range growth and development as it relates to stormwater watershed
management practices and establish a watershed based programmatic frame work for the City to address
existing problems and prepare for future challenges.
To date, the City has been operating a highly reactive capital program, and it currently has a backlog of
close to $20 million in funded stormwater capital projects, and another approximately $28 million in
unfunded projects. These identified projects represent needs around the City that were largely identified
through two completed watershed studies, two neighborhood studies and customer complaints and
subsequent drainage investigations. As part of the effort to grow into a sustainable, proactive program, the
City plans to evaluate its stormwater drainage needs before problems arise. To this end, the City is
embarking on a major initiative to study all remaining 12 watersheds within City limits in the next five
years.
Submittal of Qualification Package
RFQ submissions must follow the format as defined in Section 2 SUBMITTAL PACKAGE
REQUIREMENTS. A total of four (4) hard copies and one (1) USB flash drive containing a PDF of the
qualifications package must be received no later than 5:00 p.m., October 31, 2018. Late submittals will
not be considered.
Qualifications are being received for two disciplines: (1) City Wide Program Management for Watershed
Studies and (2) Individual Watershed Studies. Firms shall provide a separate submittal for each discipline
for which they wish to be considered. Firms should tailor their submittal to provide the most information
as to their qualifications, personnel and experience in the work areas specified.
Although firms can submit for both disciplines, the firm performing the Program Management Services of
the WS’s will not be able to perform services for the Individual Watershed Studies. If the City elects to
transition some or all of the services to City staff, the firm will be able to perform services of the WS’s as
applicable.
Qualifications packages shall be mailed or personally delivered to:
City of Fayetteville
Purchasing Department
Attention: Kimberly S. Toon, Purchasing Manager
433 Hay Street
Fayetteville, NC 28301
Submittals shall be limited to a maximum of thirty (30) double-sided standard typewritten pages (8½” x
11”, font size 10 or larger). Promotional literature, brochures, etc. will be considered as part of the page
limit. The front and back cover, tabs, acknowledgement of addendum, as well as Exhibit A and B, will
2
not be counted towards the page limit. Packages which exceed the page limit may be rejected as non-
compliant. The electronic version must be submitted as a high quality viewable and printable Adobe
Portable Document File (PDF). Qualification packages must be enclosed in a sealed envelope or package
and clearly marked: “On Call Professional Engineering Services for Comprehensive Stormwater
Watershed Studies”.
Pre-Submittal Conference and Questions
A recommended PRE-PROPOSAL CONFERENCE for all prospective offerors is scheduled at 1:00 PM,
October 17, 2018, in the Lafayette Room, 1st floor, City Hall, 433 Hay Street, Fayetteville, NC 28301.
Attendance is optional; however, interested firms are encouraged to attend. Prospective offerors are
REQUIRED to submit all questions in advance of the pre-proposal conference via email to
[email protected]. Questions are to be received by October 10, 2018, 5:00 PM. Answers to questions
will be provided at the conference and will be posted on the City website as an addendum. Additional
questions post the pre-proposal conference are to be received by October 19, 2018, 5:00 PM. Questions
will be answered via an addendum on the City’s website by October 26, 2018, 5:00 PM. Please title the
subject line of the email as “On Call Professional Engineering Services for Comprehensive Stormwater
Watershed Studies”.
It is the offeror's responsibility to assure that all addenda have been reviewed, signed and returned. A
signed copy of each addendum must be included in the proposal package in the appendix section.
Prospective firms are strictly prohibited from contacting any City official or employee regarding this
Request for Qualifications, except in the manner prescribed above. Violation of this provision may result
in disqualification of the firm’s submittal.
Table of Deadlines
Action Date and Time Location/Other Proposers written questions to
be addressed at pre-proposal
conference.
Due by October 10, 2018, 5:00
PM
Email:
Recommended pre-proposal
conference.
October 17, 2018, 1:00 – 2:30
PM
Lafayette Room, 1st floor, City
Hall, 433 Hay Street,
Fayetteville, NC 28301
Proposers written questions
post the pre-proposal
conference.
October 19, 2018, 5:00 PM Email:
Posting of questions on City
website.
October 26, 2018, 5:00 PM City Website
RFQ Due Date - Qualifications
due from Proposers.
October 31, 2018, 5:00 PM City of Fayetteville
Purchasing Department
Attention: Kimberly S. Toon,
Purchasing Manager
433 Hay Street
Fayetteville, NC 28301
3
Section 2 - Submittal Package Requirements
The qualifications package shall consist of the following information, tabbed as identified and in the order
indicated. A firm who submits a package that does not follow the order or address each of the sections
specified below may be deemed non-responsive.
1 – Letter of Transmittal/General Information/Executive Summary
1. Provide firm name, year established, address, telephone number, email address and contact
person. Briefly describe your firm's operating history.
2. Indicate to which discipline the submittal applies (City Wide Program Management; Individual
Watershed Studies).
3. Provide a copy of the firm’s Certificate(s) of Insurance (CoI) with limits as required in the
General Services Agreement (see Exhibit A). CoI copy can be included in the Appendix section
of the submittal.
4. Provide proof of firm’s licensing in North Carolina. Proof can be included in the Appendix
section of the submittal.
5. Identify if the firm is classified as a Disadvantaged Business Enterprise.
6. State any conflicts of interest your firm or any key individual may have with this program or with
the City.
7. Concisely address the highlights of the proposal, along with the strengths and expertise of the
firm and the project team proposed to successfully accomplish the project objectives.
2 – Organization of Consultant Team, Firm Capacity and Workload
1. Team Organizational Chart showing all firms (both prime and sub-consultant), contractual
relationship between firms, and names of specific staff proposed for this project, including
their titles. Identify certified Minority Business Enterprises (MBE) or Women Business
Enterprises (WBE) firms, if any.
2. Responsibilities to be fulfilled by each team member assigned to the project(s). Clearly
delineate roles and responsibilities of the various team members, identify specialty, level of
expertise, education and direct work experience on projects in the area(s) of expertise for
which you want to be considered. The description of responsibilities will include an estimated
percentage of the total project that is to be completed by each individual team member
whether prime Consultant or sub Consultant.
3. Clearly identify the project manager and describe how services and project(s) will be
successfully managed. Based upon experience, the project manager should provide a
prioritized listing of the most important factors for successfully providing the services the
City is requesting. Also, describe how quality will be controlled and ensured.
4. Identify the office location of the project manager and project team members. In the event
that services and project work may be performed by staff in multiple office locations, please
describe how this will be managed to best serve the City of Fayetteville. Identify adequacy,
availability, and ability of personnel to complete the task. Provide a description of firm’s
capacity, including staffing, list of current projects and schedules for completion. Include a
table of projects indicating the role of the firm (prime or sub Consultant), key design team
members involved, project status, percentage complete and the anticipated completion date
sorted by percentage completed smallest to largest. A local or regional presence is required to
effectively and efficiently respond to project needs.
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3 – Personnel Qualifications
1. Provide a resume detailing professional qualifications of key management and staff personnel to
be assigned to the project(s).
2. For those staff involved in modelling please provide names of stormwater/watershed modelling
software the staff member has experience running. Please provide approximate years of actual
experience with each software (HECRAS, HECHMS, PCSWMM, XPSWMM, SWMM, and
InfoSWMM etc.) and 3-5 names of projects reflecting that experience with a description of what
their role was in the project.
Note: Substitution of other personnel after the selection is made must be approved by the City.
4 – Experience and Expertise
Summary of at least three (3) projects of similar scope for which the Consultant was primarily responsible
within the last five (5) years. Firms should limit the experiences included within the proposal to those that
are similar to the services requested by the City. This section should also include the qualifications of any
proposed sub-Consultants, if applicable. Each of the project summaries will include the following:
1. Description of the project including size and scope.
2. Project schedule (initial schedule and actual / final schedule), including an explanation of delays,
if any.
3. Initial project budget and final project cost.
4. Description of services rendered by the Consultant and degree of involvement (prime Consultant
or sub Consultant).
5. Associate firms involved and their assigned responsibilities.
6. Key principal and associate staff involved along with their assigned responsibilities.
7. Brief summary of client’s program along with key design elements and how the Consultant
addressed them.
8. Experience should demonstrate a comprehensive understanding and ability to complete a City-
wide watershed master planning project, national stormwater management programs and trends
and/or large watershed studies.
9. Experience should demonstrate the ability to perform similar work with municipalities or
agencies of similar size and complexity as being requested.
10. Project references including names, addresses, email and telephone numbers.
5 - Project Understanding, Approach and Schedule
Clearly define the tasks and activities necessary to meet the objectives outlined in the Scope of Work of
Section 4 and in this RFQ. This should also include responses to each of the below questions:
1. What resources your firm will use to address this project: people, equipment, software, etc.
2. Please provide a list of modeling software your firm maintains locally and will be fully proficient
in using for this project. Which software do you use the most for projects of similar scale and
scope?
3. Provide the tasks and narrative of how your firm will comply with the Scope of Work and what
special services and products your firm has to meet our needs. Describe why your firm should be
selected to include any unique qualities which you feel make your firm well suited to perform the
work. Consider the following:
Please provide your approach to minimizing cost. Modeling entire drainage systems can
5
be cost prohibitive. Some municipalities have taken the approach of modelling the major
riverine systems and additional secondary systems based on complaint history and staff
response. Many of our areas do not have complaint calls. How can we uniformly and
impartially model the watershed(s) to provide a fair and transparent outcome to all our
citizens while balancing cost?
Recommendations on the appropriate planning period (e.g. 2, 10, 25, 50-year; other) and
how to package/define the watershed for future master planning efforts. How does one
balance the need for infrastructure upgrades to accommodate incremental development
improvements with various modeling scenarios such as existing versus future ‘built-out’
conditions knowing that a fully built out scenario will likely not be a reality for several
decades.
Many of our watersheds include drainage from adjoining areas such as the County, Ft
Bragg and other. Our interest in ‘detailed’ modelling of these areas outside of our City
limits exists only in as much as obtaining proportionate benefits in refining what is within
City limits. To this end please describe your approach to this challenge and how we can
balance cost and quality.
Please provide your approach to model calibration and validation. The City has very
limited historical record rainfall and stream data. Yet, the importance of calibration and
subsequent verification cannot be emphasized.
Our existing GIS/survey only provides horizontal locations of our system. Please provide
cost effective survey tools and related experience you may have to complete the survey
component of the modelling effort.
4. How will you engage internal and external stakeholders for critical buy in to the process and
results?
5. Provide narrative on what modeling software(s) your firm would recommend for this effort
ultimately affecting all watersheds within the City. Provide advantages and disadvantages for the
same.
6. Provide narrative to show how your proposed approach and/or modelling recommendations can
leverage the City’s technology such as existing Environmental Systems Research Institute (ESRI)
GIS for a comprehensive integration that includes managing each aspect of the City’s current and
future programs (Asset management, as-built’ s from CIP/development projects, other). Data
should be easily transportable and scalable.
7. Provide narrative of your experience (as applicable) utilizing new software applications,
customized scripting application tools, data visualization and/or GIS for integration with the
overall stormwater program administration, master planning for NPDES Phase I program, capital
improvement, flood plain management, environmental protection and internal as well as external
support services programs.
8. Include a description of how the firm provides the desired services and quality control to assure
adequate level of service and successful project completion and management.
9. Include management tools, techniques, and procedures used to maintain project schedules.
Provide if your firm has unique tools for electronic submissions and workflow processing.
10. Provide preliminary project schedules that should demonstrate an understanding of the delivery of
the project.
Program Management: The City of Fayetteville (COF) is interested in completing the
Program Management template protocols and procedures as in 4.2 (City Wide Program
Management for Watershed Studies) within 3 months of the NTP. Please provide
specifically how you will staff the project to accomplish this goal and include a schedule.
Program Management: Please also provide tentative schedule on how the City will
complete the WS’s in a 5 year timeframe and include your staffing availability to lead
this effort. Section 4.1 includes the preliminary watershed study list and schedule.
6
Individual Watersheds: Please provide tentative schedule on how your firm will complete
a WS within an 18-24 month timeframe and the associated staffing to fulfil the same in
the next 3 years.
7
Section 3 - Evaluation and Award of Projects
Evaluation
The City will consider and evaluate qualifications packages in accordance with N.C.G.S. 143-64.31.
Qualifications packages will be evaluated by a committee composed of City of Fayetteville personnel. As
part of the evaluation process, the City reserves the right to request additional information and/or
interview any or all firms. It is the intent of the City to select an on-call list (as referred herein as “the
list”) of qualified firms using a Qualifications Based Selection Process to provide these services on an as
needed basis. After the evaluation, an on-call list will be developed and firms will be notified. Tentative
schedule for determining and finalizing the ‘on-call’ list is December 1, 2018.
This is not a bid. There will not be a public bid opening. The following criteria and weighting will be the
basis on which Consultants will be selected for evaluation:
Criteria Weight
Letter of Transmittal/General Information/Executive Summary 5
Organization of Consultant Team, Firm Capacity and Workload 20
Personnel Qualifications 20
Experience and Expertise 25
Project Understanding, Approach and Schedule 30
Award
All firms selected to be part of the list will be required to execute a General Services Agreement
(GSA) and individual Work Authorizations for projects for which they are selected. As part of the
submittal, firms may submit exceptions to the General Services Agreement, which may be considered by
the City for acceptance. The City reserves the right to accept or reject any proposed exception or
modification to the GSA. Firms unwilling or unable to sign the GSA (see Attachment A) may be
considered as non-responsive.
The list shall be effective for a period of five (5) years with an option to extend for additional one-year
periods, not to exceed two additional years, or a maximum of seven (7) total years from the effective date
of the list. Selection by the City for the on-call list is not a guarantee that any firm will receive a project.
As projects arise, the City shall review the firms included on the list and make a determination as to the
most qualified firm to perform work on a specific project. The City makes no guarantee of a specific
volume of work or a total contracted amount arising from this solicitation. Additionally, the City makes
no guarantee that the quantity of work (whether measured in monetary terms or otherwise) will be spread
equally or according to any other specific criteria, among the firms on the list. The City intends to select
multiple qualified Consultants for the ‘list’, but reserves the right to award in the quantity determined to
be in the best interest of the City, including the rejection of all offers and re-solicitation of the work.
Selected firms that do not meet the City’s performance expectations, routinely decline opportunities to
participate in projects offered, or lose significant internal expertise submitted with the original RFQ
response may be removed from the list.
Firms shall provide a separate submittal for each discipline for which they wish to be considered. Firms
8
should tailor their submittal to provide the most information as to their qualifications, personnel and
experience in the work areas specified. Although firms can submit for both disciplines (and can be
selected to be on both lists), the firm performing the Program Management Services of the WS’s will not
be able to perform services for the Individual Watershed Studies. If the City elects to transition some or
all of the services to City staff, the firm will be able to perform services of the WS’s as applicable.
While it is the City’s intent to utilize the list for the watershed studies over the five (5) year period, the
City reserves the right to issue separate solicitations for a specific project or projects when it is
determined to be in the best interest of the City to do so. In such cases, all firms currently included on the
list would be invited to participate. The City also reserves the right to include firms who are not included
on the list resulting from this solicitation.
The City reserves the right to accept qualification based submittals from new firms at its discretion and,
upon evaluation, add new firms to the list if it is determined to be in the best interest of the City. New
firms shall be defined as those firms who express an interest in working with the City and did not receive
or decline an invitation to submit a qualifications package in response to the City’s original request.
Firms selected must be willing to work with other firms on the list, if required by the City, for the
successful completion of a project.
Selected firms shall agree to provide information regarding changes in ownership, operation, or personnel
to the City in a timely manner. The City, upon evaluation of information received, reserves the right to
remove a firm from the list.
Upon selection of a firm for a particular project, the firm and the City shall negotiate and agree to the
scope of work, responsibilities, and compensation for the project, after which a Work Authorization for
the project will be executed by the firm and the City.
All information and materials submitted in response to this solicitation shall become the property of the
City of Fayetteville and shall be subject to the provisions of the North Carolina public records laws.
9
Section 4 - Scope of Work
4.1 Background
The City of Fayetteville currently has 15 watersheds within City limits which drain to the Cape Fear
River Basin. Watershed drainage areas within City limits (excluding Ft. Bragg) range from two square
mile to over 11 square miles. Fayetteville’s City limits (excluding Ft. Bragg) equals approximately 95
square miles. To date the City has completed two watershed studies with a third currently underway and
two neighborhood studies.
The City is embarking on a major initiative to study all remaining 12 watersheds within City limits in the
next five years. These watershed studies will obtain city-wide technical data from our primary and
secondary stormwater and riverine systems on flood mitigation, erosion control and water quality to
prioritize individual watershed protection and planning efforts. It will support the City in improving
stormwater management by providing a list of high priority surface water management concerns and/or
problem areas and conceptual and phased solutions that will enhance the development and
implementation of future stormwater CIP projects in an efficient and targeted manner. It will provide a
basis to move from reactive, isolated projects to a comprehensive and proactive program connecting land
use, stormwater management, floodplain management, surface water management, asset management and
public infrastructure needs within a watershed to more effectively address the issues that contribute to
flooding hazards, erosion and water quality. Table 1, below, outlines the completed, currently underway
and future watershed studies and the projected timeframe for study commencement.
Table 1. Watershed Study List
Study Area
Size
(SQ MI)
Completed
Buckhead Creek 5.5
Branson Creek 5.4
Underway
Beaver Creek 2 8.2
Beginning FY 2019 (Anticipated)
Beaver Creek 1 10.6
Beaver Creek 3 3.4
Blounts Creek 11.6
Cape Fear 1 5.8
Cape Fear 2 3.1
Beginning FY 2020 (Anticipated)
Carvers Creek 4.3
Little Rockfish Creek 1 8.2
Little Rockfish Creek 2 1.8
Stewarts Creek 2
Beginning FY 2021 (Anticipated)
Bones Creek 8.2
Cross Creek 10.5
Little Cross Creek 7.2
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4.2 City Wide Program Management for Watershed Studies
It is the intent of the City to initially hire a Consultant for the program management aspects of the WS’s.
This Consultant may be selected from the current pool of ‘On Call Consultants for Engineering Services’
or through this current RFQ effort. The City may elect to transition any or all of these services eventually
to city staff.
The firm performing the Program Management Services of the WS’s will not be able to perform services
for the Individual Watershed Studies. If the City elects to transition some or all of the services to City
staff, the firm will be able to perform services of the WS’s as applicable.
The Program Management Consultant shall work with City staff to achieve the City’s desired scope of
services. The Consultant shall carefully consider input by the stormwater staff and based on the
Consultant’s own experience and ability, shall be responsible to provide a complete and workable
program in accordance with the requirements of the scope of services, study objectives and funding
restraints. The following establishes a breakdown of services which could be expected from a Program
Management Consultant:
1. Develop a Program Management Plan. The PMP will be a guiding document for the city, PM
team and other project participants (Collectively referred to as the Project Team). The PMP will
be used for the duration of the project and will be updated and/or amended as necessary.
2. Develop a Program Charter to establish a clear shared vision and mission among the Project
Team and key stake holders, establish objectives and performance measures to guide effective
decision making, and establish a set of values and principles to guide how the Project Team will
function and interact throughout the duration of the watershed studies.
3. Develop standardized administrative procedures between Program Manager and the City to
include document management, status, controls, deliverables, contract data, work breakdown
structure, list of deliverables, list of meetings, budget, schedule, progress reporting (monthly,
quarterly, annually for staff and elected officials), resource planning team organization and
staffing, master scheduling, and a communication plan with roles, responsibilities and lines of
communication.
4. The Consultant shall incorporate as needed the use of an electronic room provided by the
Consultant for electronic submissions and workflow processes for all Tasks of Work.
Alternatively the City may elect to use the City’s electronic review system if applicable. The
electronic room will satisfy any COF open data and records disclosure requirements related to the
WS’s.
5. Develop a standard ‘Scope of Work’ template for future WS’s as in 4.3. The template shall
include the following:
a. Work breakdown structure, list of deliverables, list of meetings, budget template,
schedule template, project progress reporting template, resource planning team
organization and staff template, a communication plan with roles, responsibilities and
lines of communication.
b. The Consultant will perform as needed broad desktop assessments using a GIS based
framework for existing hot spots based on citizen complaints, staff input and other readily
available data to ascertain high level information that will guide the development of
templates and SOP’s. Additionally this analysis will be used to determine additional
precipitation and field gage sites that can be established ahead of time by the Consultant
for better model refinement for future study locations. This will also include review of
existing watershed delineations, review of existing and past stormwater/capital City
projects by compiling attributes such as existing level of service, flows, and, expenditures
for assets; review of anticipated capital projects across transportation (NCDOT and
11
COF), street maintenance, parks and recreation, and PWC public utilities and review of
existing and future development within COF’s ETJ.
c. Provide recommendations and develop the template/SOP’s for WS’s to accommodate
appropriate service goals and identify a broad portfolio of solutions (as appropriate) for
meeting the LOS for the watershed(s) which could include public outreach, performing
inspections and enforcement activities, conducting monitoring, planning capital
improvements, complete capital improvements, monitoring and street sweeping, asset
maintenance activities, and, property acquisition for flood control system maintenance.
Consider and make recommendations on the appropriate planning period (e.g. 2, 10, 25,
50-year; other) and how to package/define the watershed for future master planning
efforts. With input from staff, citizens and elected officials review existing and future
development within COF’s ETJ and provide recommendations on modeling for fully
developed conditions at strategic locations for optimal capital infrastructure decision
making.
d. Provide recommendations and develop template/SOP’s for WS development to allow for
flood risk assessment and risk reduction plan for multi objective floodplain management
to include advancing the City’s current Community Rating System (CRS) class
education, outreach, emergency management, evaluation of high hazard safety locations
and low water crossing sites with limited ingress-egress options, floodplain property
acquisition, development of flood hazard mitigation projects, potential for enhancement
of existing stormwater floodplain regulations.
e. Develop strategy and standards for WS development linked to software selection as in 7
below to include: data sources, precipitation and flow monitoring data, catchment
delineation, catchment naming convention, depression storage, manning roughness,
geographic coordinates, boundary conditions, calibration and maintenance, reporting
format, naming convention for project models and associated alternatives, documentation
for model maintenance, assumptions, and data management protocol. The Consultant
shall also provide input on inclusion of model parameters and results into the GIS
geodatabase framework.
f. The Consultant shall develop an alternatives evaluation procedure to compare solutions
to identified problems and provide the appropriate level of service. This procedure should
consider a range of options from source control to construction, life-cycle cost analysis,
cost benefit analysis, cost estimate standards, non-economic evaluation criteria and
methodology and appropriate planning periods.
6. Develop standards for data collection and management including associated templates. The
standards developed shall include, but not be limited to, survey and GIS geodatabase schema that
is easily transportable and scalable and which can be integrated and compatible with data from a
future asset management initiative and/or the City’s work order software CityWorks, geospatial
metadata standards, procedures for updating the existing GIS database; and, methods by which
GIS data will be delivered to the City for ongoing/future work from external customers
7. Evaluate standard stormwater and riverine modeling software and provide recommendations with
advantages and disadvantages of using each software for COF’s watershed studies. It is the intent
for the City to use standardized software across all watersheds – a single software solution for
primary, secondary and tertiary systems or a combination (but defined) as appropriate.
8. The Consultant shall perform model QA/QC and/or develop QA/QC procedures with supporting
documentation as a deliverable from the individual WS developers. QA/QC procedures could
include checks for warnings and errors in model output fields with all major warnings being
resolved, check the model for model run inconsistencies such as unexpected large flows or
volumes, check model for overall continuity errors, check model stability, check model results
with field data.
9. To supplement the flow and rainfall data, the Consultant will advise and develop a template/SOP
12
on a program and locations to gather observational data of surface flooding and other stormwater
behavior at targeted sites throughout the City. Input would be from City staff and neighborhood
groups, for large event data. The Consultant will develop a platform for such data to be uploaded
effortlessly by citizens and staff electronically to a central database for future use.
10. To facilitate completion of all the WS’s as in 4.3 within a 5 year timeframe, the Consultant may
provide some or all surveying data collection based on template protocol standards.
11. Develop as appropriate a comprehensive stream assessment protocol to include physical
characteristics, erosion, habitat, chemistry and biology. The Consultant will develop standards
and protocols for quantifiable stream erosion assessment methods to be implemented by staff for
ongoing site visits/complaint calls.
12. The Consultant will provide educational training sessions for COF staff to include (but not be
limited to): Hydrological and hydrodynamic modelling, use of prescribed software, data input,
and QA/QC procedures.
13. The Consultant shall recommend practicable approaches by which each watershed/sub- watershed
study should report out the nine elements of a watershed plan as defined by the United States
Environmental Protection Agency (USEPA) and include them in the templates as appropriate.
14. The Consultant shall provide a watershed plan report template making use of tables, charts,
graphs, and figures of professional quality to clearly and efficiently convey the information,
finding and conclusions. The report template should be specific enough to set the direction and
begin implementation, yet flexible enough to respond to an evolving program and future scenario
planning by City staff. The document will contain text about how the Plan addresses goals,
objectives and/or guiding principles of the City’s Strategic Plan.
15. The Consultant will provide the framework, procedures and processes by which each WS and the
comprehensive master plan will be made available to the public and elected officials in an
interactive and user friendly format making use of ArcGIS.
16. Based on the assessments of each watershed, the Consultant will develop a master plan for the
City for identified solutions and potential projects, and, provide strategies and a framework for
near and long-term implementation of projects/activities in a phased and prioritized approach
with the intended goal of meeting desired levels of service (LOS) for the watershed(s) and City.
The stormwater master plan would include a detailed plan that promotes orderly growth much
like other progressive municipalities similar to the City of Fayetteville. Outcomes would include
comprehensive solutions for flood control and stormwater infrastructure needs, including
potential locations for regional detention and project options to address water quality. This work
will complement the City Strategic plan and ensure all water quantity and quality actions and
goals are aligned.
4.3 Individual Watershed Studies (12 total)
A specific work plan and scope of services will be developed with the recommended Consultant(s) at the
time of contract negotiations. This work plan will be based on the templates, procedures and processes
developed by the City with the assistance of the Program Manager as identified in 4.2. The services noted
below are intended to be a general outline of the work and not an all-inclusive description of the
professional services that may be required to undertake the project. The Consultant and/or the City may
also propose other special studies not specifically called out in this proposal to augment the program. It is
recommended that the Consultant review the Program Management section to align how they are best
suited for the scope as below with the outputs from the Program Manager.
4.3.1 Project Management, Meetings, Public/Stake Holder Engagement
1. The selected firm will be responsible for developing and submitting a detailed project scope
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subject to approval by the City to be included in the contract documents. This should include a
project management plan, list of communication protocols, deliverables, schedules, quality
assurance/quality control and a breakdown of resource allocation.
2. Attend meetings, as required, with City staff and project partners and prepare meeting summaries.
3. Incorporate as needed the use of an electronic room provided by the Consultant (or City) for
electronic submissions and workflow processes for all Tasks of Work.
4. Public engagement – conduct public/stakeholder meetings to share information at key points
during the project; perform a situation assessment by interviewing stakeholders and/or gathering
necessary data with traditional and new media tools.
5. Conduct presentations to City boards and/or Fayetteville City Council.
4.3.2 ESRI/GIS
The Consultant team shall demonstrate strong understanding and experience with the ESRI (GIS)
technology stack to include development of standardized attribute data and geodatabase schema as
needed. GIS data should be delivered in a format that is easily transportable and scalable and which can
be integrated and compatible with data from other applications.
4.3.3 Data Collection
Existing Data
1. The Consultant will perform a comprehensive review of the following and any other documents
relevant to developing a complete understanding of the existing data, regulatory actions and
controls currently implemented for Stormwater Management:
a. Existing Citizen Complaint Data
b. Existing Watershed plans and Data
c. Current Stormwater Management Plan
d. Stormwater Ordinance
e. NPDES MS4 Permit
f. FEMA’s Repetitive Loss Properties
g. 303d listed streams, , future impaired stream, NPDES permitted sites, hazardous sites,
industrial commercial sites, SCM's (private and public) and, illicit discharge calls
h. Existing stream and precipitation gaging sites within City of Fayetteville (and areas of
influence)
i. Existing and past Stormwater City projects such as existing level of service, flows, and,
expenditures for assets; review of anticipated capital projects across transportation, street
maintenance, parks and recreation, PWC public utilities
j. Existing GIS City Data
k. Cumberland County 4’ Lidar contours
l. City of Fayetteville Stormwater Program Assessment report and memo
m. Current sampling data from six on-stream water quality monitoring stations
2. GIS data will be provided to the consultant to assist with understanding and assessment of
infrastructure and watershed. The GIS information available includes: land use, road centerlines,
municipal and property parcel boundaries, property parcel data, aerial photography, existing
drainage basin boundaries, topography, impervious cover, FEMA floodplain data, sanitary sewer
systems, storm drainage piping, inlets, and other infrastructure, natural systems and (stream)
locations. Storm drainage piping, inlets, and other infrastructure are horizontal location only.
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This data should be considered an incomplete inventory and will require additional data
collection by consultant.
3. The most recent FEMA model data will be obtained by the City for use by the Consultant. The
Consultant will update the model as necessary to achieve an up-to-date, accurate depiction of
current conditions.
4. Other relevant City planning and policy documents will be provided upon request.
Additional Data
1. Compile data as above and analyze and categorize systems for reported deficiencies and
problems. Perform a system review of historical problem areas by watershed to include:
Conducting meetings and interviews with City personnel (Stormwater, Transportation, Parks and
Recreation, Public Works Commission and other) familiar with the surface water collection
system to collect information on the operation and maintenance of the system and any known
deficiencies including asset condition, flooding hazards, complaints, and system needs.
2. Ascertain the location and nature of existing drainage problems. Perform as appropriate field
reconnaissance. Perform general review during or immediately after rain events during the
course of the project.
3. Utilize focused mailings, questionnaires and other social media tools supplemented with as
needed meetings to gather additional resident input on stormwater problem areas.
4. Evaluate existing and identify missing data in the City’s storm drainage GIS database needed for
this study. Perform necessary investigation and field work, including surveying and additional
precipitation and stream flow data where needed, to correct existing data or obtain missing data.
5. Identify any open channel and overland flow reaches, for the purpose of system modeling, which
feed, drain, or connect drainage structures. Collect field data necessary for modeling these
reaches. Provide a table listing these reaches and their respective modeling characteristics.
6. Prepare a base map of the Project Area that includes the structural and non-structural drainage
facilities identified through investigation and field work, topography, existing roadways, and
jurisdictional boundaries.
4.3.4 Watershed Model/Capital Improvement Plan Development
Development of the Model
1. City staff will identify stakeholders that are affected by or have a direct interest in this watershed
study. Citizen and stakeholder priorities and concerns will be compiled by the City for use by the
Consultant.
2. Goals and priorities will be established based on the information collected along with watershed
technical analysis.
3. The Consultant will delineate the watershed and sub watersheds for evaluation.
4. The Consultant shall develop a preliminary model based on information readily available. If the
Consultant determines that key information is missing, the City shall be notified in a timely
fashion to assess difficulty and value of obtaining desired data. All modeling software used must
be approved in advance by the City.
5. The Consultant will develop an integrated hydrologic and hydraulic model for existing and future
(as needed) conditions. The Consultant will calibrate and verify the model(s) based on
parameters reviewed and approved by the City.
6. The Consultant will perform SCM and LID desktop assessment to identify existing and potential
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sites for project implementation. The Consultant shall identify areas for water quality challenges
based on existing and future fully developed land use data, water quality sampling data, existing
regulations, Fayetteville’s NPDES and MS4 permits and the prospect of future TMDL
requirements for stormwater runoff.
7. The Consultant will perform a stream erosion assessment from available data for identification of
major and minor projects to improve erosion and yard flooding hazards.
8. The Consultant will establish baseline conditions and perform scenario planning and alternative
analysis. Analyses of five to eight scenarios will be performed as agreed upon by City.
9. This effort does not include FEMA re-mapping or FEMA submittal however FEMA standards,
with the exception of tributary area should be used in flood model development.
Watershed and Capital Improvement Project and Plan Development
1. Based on modeling scenarios, project evaluations, and input from the City, the Consultant will
develop a plan for improving watershed conditions with the goal of addressing both water
quantity and quality issues. This plan will consist of a prioritized list of projects sufficient for
implementation as part of the City’s Capital Improvement Plan.
2. This plan should be interactive to allow for future scenario planning by City staff.
3. The plan should include appropriate service goals and identify a broad portfolio of solutions (as
appropriate) for meeting the LOS for the watershed(s) which could include public outreach,
performing inspections and enforcement activities, conducting monitoring, planning capital
improvements, complete capital improvements, monitoring and street sweeping, asset
maintenance activities, and, property acquisition for flood control system maintenance. Consider
and make recommendations on the appropriate planning period (e.g. 2, 10, 25, 50-year; other).
Solutions shall be developed to a level of detail to include planning level estimates for cost,
project schedules, and coordination required with other entities due to utilities or other
constraints.
4. The Consultant shall also incorporate or develop a nine element watershed-based plan in
accordance with EPA guidance in support of the master plan.
4.3.5 Final Report and Deliverables
Upon completion of the study and with City input, the Consultant shall prepare a report with an executive
summary and narrative describing the activities performed to arrive at the identified problems, prioritized
solutions, cost estimates, and recommended implementation plan. The deliverables should include the
following, along with backup documents and electronic files developed:
1. Full report with executive summary and narrative with inclusion of all nine elements of EPA’s
Watershed Based Plan framework;
2. Hydrologic and hydraulic modeling of watershed with associated narratives regarding
assumptions and data sources such as precipitation and flow monitoring data, catchment
delineation, catchment naming convention, depression storage, manning roughness, geographic
coordinates, boundary conditions, calibration and maintenance and other.
3. Complete watershed maps;
4. Evaluation of watershed conditions;
5. Formulation of watershed preservation and restoration goals;
6. Identification of improvement projects for flood mitigation and water quality benefits;
7. Streambank project list to include preservation, restoration, and protection recommendations;
8. New SCM and SCM retrofit project list to include traditional SCMs such as detention basins and
alternatives such as green infrastructure or low impact development techniques;
9. Prioritization of all projects to allow for understanding areas of highest concern;
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10. Budgetary cost estimates for the design and construction of identified capital improvement
projects; and
11. Phased capital improvements plan (CIP) for five years.
12. Program and policy recommendations based on review of stormwater design criteria, ordinances,
policies, procedures, and funding.
13. GIS data to include identification of problem areas and flooding threats, stream assessment
ranking and related information, and water quality challenges (existing and potential future).
14. Modeling data (electronic format) for future use by City.
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Section 5 – General Contracting Terms
IRAN DIVESTMENT ACT CERTIFICATION
As mandated by N.C.G.S. 147-86.59(a), Bidder hereby certifies that it is not listed on the Final
Divestment List created by the North Carolina State Treasurer pursuant to N.C.G.S. 147-
86.58. Bidder further certifies that in accordance with N.C.G.S. 147-86.59(b) that it shall not utilize any
subcontractor found on the State Treasurer’s Final Divestment List. Bidder certifies that the signatory to
this Request for Proposals is authorized by the Bidder to make the foregoing statement.
E-VERIFY
Contractor hereby acknowledges that “E-Verify” is the federal E-Verify program operated by the US
Department of Homeland Security and other federal agencies which is used to verify the work
authorization of newly hired employees pursuant to federal law and in accordance with Article 2, Chapter
64 of the North Carolina General Statutes. Contractor further acknowledges that all employers, as defined
by Article 2, Chapter 64 of the North Carolina General Statutes, must use e-verify and after hiring an
employee to work in the United States, shall verify the work authorization of the employee through E-
Verify in accordance with NCGS §64-26(a). Contractor hereby pledges, attests and warrants through
execution of this Agreement that Contractor complies with the requirements of Article 2 of Chapter 64 of
the North Carolina General Statutes and further pledges, attests and warrants that any subcontractors
currently employed by or subsequently hired by
Contractor shall comply with any and all E-Verify requirements. Failure to comply with the above
requirements shall be considered a breach of this Agreement.
________________________________
Contractor Name (Print)
________________________________
Contractor Signature
________________________________
Date of Signature
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Exhibit A: General Consulting Service Agreement
STATE OF NORTH
CAROLINA COUNTY OF
CUMBERLAND
GENERAL SERVICES AGREEMENT
FOR CONSULTING SERVICES
THIS AGREEMENT, effective the _ day of by and between THE
CITY OF FAYETTEVILLE, NORTH CAROLINA (hereinafter referred to as CITY), with
principal business offices at Fayetteville, North Carolina, and CONSULTANT (hereinafter
referred to as CONSULTANT), a corporation with principal business offices at Fayetteville,
North Carolina.
W I T N E S S E T H:
WHEREAS, CITY, is engaged in the operation and maintenance of facilities and services
which from time to time require revision, renovation and extension of existing facilities, and the
construction of new facilities and other related projects; and
WHEREAS, the professional services of engineers, architects, surveyors and others will
from time to time in the future be needed by the CITY in the renovation of existing facilities, and
in the construction of new facilities and other related projects; and
WHEREAS, pursuant to N.C.G.S. 143-64.31 it is the public policy of this State that
municipalities announce all requirements for architectural, engineering and surveying services, to
select firms qualified on the basis of demonstrated competence and qualification and to negotiate
contracts for services at a fair and reasonable fee with the best qualified firm; and
WHEREAS, CONSULTANT provides professional consulting services of the nature
required by the CITY and employs trained and experienced engineering, technical and/or other
personnel possessing adequate knowledge, skills and experience to provide professional services
to the CITY; and
WHEREAS, the CITY proposes to announce to various competing firms its need for
professional consulting services in the future by requesting Proposals and the subsequent
acceptance of proposals and the issuance of written authorizations to proceed, which together
with this Agreement shall constitute a contract between the CITY and the CONSULTANT; and
WHEREAS, the parties contemplate that the services of CONSULTANT will be
performed in various stages in accordance with separate authorizations to be issued by CITY, and
the parties desire to set forth the basic terms of their agreement in this General Services Agreement
rather than in separate authorizations to be issued by CITY.
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NOW THEREFORE, IN CONSIDERATION of the premises and the mutual covenants
herein contained, the parties hereto do hereby contract and agree as follows:
ARTICLE 1 - REQUEST FOR PROPOSAL-SUBMITTAL OF PROPOSAL.
As the need for consulting services arise, CITY will request a Proposal for said services from
CONSULTANT which shall describe the scope of work, program, estimated schedule and
CITY’S requirements. If CONSULTANT has the qualified personnel to meet CITY’S
requirements to perform the consulting services requested by the CITY, CONSULTANT will
submit to CITY within the time specified a written Proposal describing the necessary engineering,
technical and/or other services, guidance, opinions and advice to be provided. The Proposal shall
set forth in general terms CONSULTANT’S recommendations to carry out the work.
CONSULTANT shall list the background and experience of CONSULTANT’S personnel to be
assigned to the project. Said Proposal shall contain a fee schedule setting forth fees for services of
the various categories of personnel to be assigned to CITY’S project.
ARTICLE 1.1 - ACCEPTANCE OF PROPOSAL. CITY and CONSULTANT contemplate certain discussions, negotiations and possible changes to the Proposal submitted by
CONSULTANT. Upon a meeting of the minds, CONSULTANT shall submit the final Proposal
which shall set forth the agreement of the parties. If said Proposal is acceptable, the CITY shall
accept same in writing. CONSULTANT’S fee schedule shall remain in effect during the term of
this Agreement, unless modified by the parties in writing. CITY shall provide CONSULTANT
with a specific written Authorization to Proceed for each Proposal accepted by CITY.
ARTICLE 2 - TERM OF AGREEMENT. The term of this General Services Agreement
for Consulting Services shall be for three (3) years from the date it is effective. The Agreement
may be extended thereafter by mutual written agreement of the parties.
ARTICLE 2.1 - ASSIGNMENT. It is the intent of this Contract to secure the personal
services of the CONSULTANT and failure of the CONSULTANT for any reason to make the
personal services available to the CITY for the purposes described in this Contract shall be cause
for termination of this Contract. The CONSULTANT shall not assign this Contract without prior
written consent of the CITY.
ARTICLE 3 - COMPENSATION. CONSULTANT shall submit to CITY monthly
invoices for services performed during that month, computed on the basis of the Proposal accepted
by CITY. CITY agrees to pay CONSULTANT’S monthly invoice within thirty (30) days after
said invoice is received by the CITY. Adjustments to an invoice for billing errors may extend the
time for payment.
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ARTICLE 3.1 - VERIFICATION OF INVOICES. CITY has the right to require the
CONSULTANT to produce for inspection all CONSULTANT’S time records, salaries of
personnel and charges for direct expenses for which cost-plus compensation is provided.
CONSULTANT agrees to provide CITY with said records on a timely basis and cooperate with
CITY to verify the accuracy of all invoices.
ARTICLE 3.2 - COSTS AND EXPENSES. CONSULTANT will invoice CITY for
all travel and living expenses of its employees assigned to a project which said expenses shall be
at actual cost, unless said costs or expenses are specifically set forth and included in a fixed price
contract. Accommodations for CONSULTANT'S employees shall be arranged by
CONSULTANT. Living expenses for CONSULTANT'S employees shall be the usual and
customary expenses for accommodations to which CONSULTANT'S employees are accustomed,
and which are prevailing in Cumberland County, North Carolina.
ARTICLE 3.3 - DISPUTES. CITY shall pay CONSULTANT’S invoices at times
heretofore set forth unless a bona fide dispute exists between CITY and CONSULTANT
concerning the accuracy of said invoice or the services covered thereby.
ARTICLE 3.4 – NON APPROPRIATION. Notwithstanding any other provisions of this
Agreement, the parties agree that payments due hereunder from the CITY are from appropriations
and monies from the City Council and any other governmental entities. In the event sufficient
appropriations or monies are not made available to the CITY to pay the terms of this agreement
for any fiscal year, this Agreement shall terminate immediately without further obligation of the
CITY.
ARTICLE 4 - PROFESSIONAL STANDARDS AND DUTIES OF CONSULTANT.
CONSULTANT shall be held to the same standard and shall exercise the same degree of care,
skill and judgment in the performance of services for CITY as is ordinarily provided by a similar
professional under the same or similar circumstances at the time in Cumberland County, North
Carolina.
ARTICLE 4.1 - CONSULTANT NOT RESPONSIBLE FOR CONSTRUCTION
MEANS OR SAFETY. A CONSULTANT for general construction projects shall not be
responsible for any general contractor’s or other project participant’s failure to fulfill their
contractual responsibilities to the CITY, nor shall CONSULTANT be responsible for
construction means, methods, techniques, sequences, or procedures. Neither shall
CONSULTANT be responsible for a project safety program or safety precautions unless
CONSULTANT’S Proposal sets forth a safety program which is accepted by CITY and becomes
a part of the agreement between the parties.
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ARTICLE 4.2 - CONSULTANT AS CONSTRUCTION MANAGER. In the event
the CITY contracts with the CONSULTANT to provide Construction Management Services, the
CONSULTANT shall be responsible for determining that each construction contractor provides
work to the quality level specified and in accordance with the plans and specifications. In no event
shall CONSULTANT be responsible for any contractor's, subcontractor's, vendor's, or other
project participant's failure to comply with federal, state or local laws, ordinances, regulations,
rules, codes, orders, criteria, or standards unless it has contracted with the CITY to do so.
ARTICLE 5 - ESTIMATES OF COST AND TIME. Although CONSULTANT
has no control over the cost of labor, materials, equipment or services furnished by others, or over
contractor's, sub-contractor's, or vendor's methods of determining prices, or over competitive
bidding or market conditions, nevertheless CONSULTANT'S cost estimates and time estimates
shall be made on the basis of current labor and material prices and the CONSULTANT’S
experience and qualifications, and CONSULTANT’S estimates shall represent its best judgment
as an experienced and qualified professional familiar with electric, water and sewer utility projects,
or other projects for which CONSULTANT is employed. Although CONSULTANT has no
control over the resources provided by contractors to meet contract schedules, nevertheless
CONSULTANT’S estimates or forecast of schedules shall be made on the basis of its experience
and qualifications and shall represent CONSULTANT’S best judgment as an experienced and
qualified professional familiar with electric, water and sewer utility projects, or other projects for
which CONSULTANT is employed. CONSULTANT does not guarantee that project costs and
schedules will not vary from the estimates and schedules given to CITY.
ARTICLE 6.0 - LIABILITY, INDEMNIFICATION AND INSURANCE.
6.1 - GENERAL. The CITY and CONSULTANT have considered the risks and potential
liability that may exist during the performance of services by CONSULTANT, and have agreed
to allocate such liabilities in accordance with this Article. During the performance of services
under this Agreement, CONSULTANT shall purchase and maintain insurance coverage as
hereinafter set forth, without lapse or changes contrary to the requirements of this section. Words
and phrases used in this Article shall be interpreted in accordance with customary insurance
industry usage and practice.
6.2 - INDEMNITY AND PROFESSIONAL LIABILITY. CONSULTANT agrees to
indemnify and hold the CITY harmless from and against damages and losses arising out of the
performance of professional services for CITY to the extent caused by the professional negligence
of CONSULTANT, Consultant’s employees, and Consultant’s subcontractors, for whom
CONSULTANT is legally responsible. CONSULTANT agrees to purchase and maintain
professional liability insurance (errors and omissions insurance) in the amount of
$1,000,000.00 coverage for each claim, with a general aggregate of $2,000,000.00. Said insurance
coverage shall be underwritten by an insurance company authorized to do business in the State of
North Carolina by the North Carolina Department of Insurance, with an A.M. Best rating of not
less than A-VII.
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6.3 - LIABILITY INSURANCE. CONSULTANT agrees to indemnify and hold the
CITY, its servants, agents and employees, harmless from and against all liabilities, claims,
demands, suits, losses, damages, costs and expenses (including attorney's fees) for third party
bodily injury to or death of any person, or damage to or destruction of any third party property, to
the extent caused by the negligence of the CONSULTANT, Consultant’s employees, and
Consultant’s subcontractors, for whom CONSULTANT is legally responsible during the
performance of services under this Agreement. CONSULTANT shall purchase and maintain at
all times during performance of services under this Agreement Commercial General Liability
Insurance with combined single limits of $1,000,000.00 coverage for each occurrence with a
general aggregate of $2,000,000.00, designating the CITY as an additional insured and which said
insurance provides CONSULTANT with insurance for contractual liability which
CONSULTANT has assumed pursuant to the terms of this Article 6.
6.4 - OTHER INSURANCE. In addition to professional liability insurance and
commercial general liability insurance set forth above, CONSULTANT further agrees to purchase
and maintain at all times during the performance of services under this Agreement insurance
coverage as follows:
(a) Worker's Compensation Insurance as provided by North Carolina law which said policy
shall also afford coverage to CONSULTANT for employer’s liability.
(b) Automobile liability insurance with $1,000,000.00 combined single limit for each accident
covering bodily injury and property damage.
(c) The CGL policy required above shall include independent contractor liability coverage.
(d) The CGL policy required above shall provide CONSULTANT with products and
completed operations insurance, said coverage to be written on an occurrence basis, with coverage
extended for such a period of time that suits can be filed before the running of the statute of
limitations on any claim for injury to person or property due to negligence of CONSULTANT
in the design of any building designed by the CONSULTANT under the terms of this Agreement.
ARTICLE 7 - INDEPENDENT CONTRACTOR. CONSULTANT is an independent
contractor and shall undertake performance of the services pursuant to the terms of this Agreement
as an independent contractor. CONSULTANT shall be wholly responsible for the methods, means
and techniques of performance. CITY shall have no right to supervise methods and techniques of
performance employed by CONSULTANT, but CITY shall have the right to observe such
performance.
ARTICLE 8 - COMPLIANCE WITH LAWS. CONSULTANT agree s that in
performing services pursuant to this Agreement to comply with all applicable regulatory
requirements including federal, state and local laws, rules, regulations, orders, codes, criteria, and
standards. CONSULTANT shall be responsible for procuring all permits, certificates, and licenses
necessary to allow CONSULTANT to perform services under this Agreement. CONSULTANT
shall not be responsible for procuring permits required for the construction of any building, unless
such responsibility is specifically agreed to by CONSULTANT.
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ARTICLE 9 - CITY’S RESPONSIBILITIES. CITY will furnish to CONSULTANT
all of CITY’S requirements for the project, including, but not limited to, scope of work, program,
time constraints, schedule milestones, financial constraints, design objectives and design
constraints, which are available to the CITY or which the CITY can reasonably obtain to furnish
to CONSULTANT to enable CONSULTANT to make a Proposal to CITY. Additionally, the
CITY shall also be responsible for the following:
(1) Make final decisions utilizing information supplied by CONSULTANT.
(2) Designate personnel to represent CITY in matters involving the relationship between
CITY, CONSULTANT and third parties.
(3) Provide such accounting, independent cost estimating, and insurance counseling services
as may be required by the project.
(4) Provide such legal services as CITY may require or CONSULTANT may reasonably
request with regard to legal issues pertaining to the project, including those which may be
raised by contractors, subcontractors, vendors or other project participants.
(5) Enter into contracts for the purchase, construction, or other services with contractors,
subcontractors, and vendors.
(6) Provide financing for the project and make all payments in accordance with the terms of
the contract.
ARTICLE 10 - OWNERSHIP OF DOCUMENTS. All documents, including drawings
and specifications prepared by CONSULTANT pursuant to this AGREEMENT, are instruments
of service in respect of the Project. They are not intended or represented to be suitable for reuse by
CITY or others on extensions of the Project or on any other project. Any reuse without written
verification or adaption by CONSULTANT for the specific purpose intended will be at CITY'S
sole risk and without liability to CONSULTANT. Any such verification or adaptation will entitle
CONSULTANT to further compensation at rates to be agreed upon by CITY and
CONSULTANT.
ARTICLE 11 - TERMINATION OF CONTRACT FOR CAUSE. In the event of
substantial failure by CONSULTANT to perform in accordance with the terms of this Agreement,
CITY shall have the right to terminate CONSULTANT upon seven (7) days written notice in
which event CONSULTANT shall have neither the obligation nor the right to perform further
services under this Agreement.
ARTICLE 12 - TERMINATION OF CONTRACT FOR CONVENIENCE. CITY shall have the right to terminate this Agreement for CITY’S convenience
upon seven (7) days written notice to CONSULTANT. CONSULTANT shall terminate performance of services on a schedule acceptable to CITY. In the event of termination for convenience, the CITY shall pay CONSULTANT for all services performed.
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ARTICLE 13 - NONDISCLOSURE OF PROPRIETARY INFORMATION.
CONSULTANT shall consider all information provided by CITY and all drawings, reports,
studies, calculations, plans, specifications, and other documents resulting from the
CONSULTANT'S performance of the SERVICES to be proprietary, unless such information is
available from public sources. CONSULTANT shall not publish or disclose proprietary
information for any purposes other than the performance of the SERVICES without the prior
written authorization of CITY. CONSULTANT shall not make any written or verbal statement
to any press or news media concerning the Project without the written authorization of CITY.
ARTICLE 14 - NOTICE. Any formal notice, demand, or request required by or made in
connection with this agreement shall be deemed properly made if delivered in writing or deposited
in the United States mail, postage prepaid, to the address specified below.
TO CONSULTANT: CONSULTANT NAME CONSULTANT ADDRESS
CITY, STATE ZIP CODE
TO CITY: CITY OF FAYETTEVILLE
ATTENTION: DOUGLAS J. HEWETT
CITY MANAGER
433 HAY STREET
FAYETTEVILLE, NORTH CAROLINA 28301
Nothing contained in this Article shall be construed to restrict the transmission of routine
communication between representatives of CONSULTANT and CITY.
ARTICLE 15 - DELAY BEYOND CONTROL OF THE PARTIES. Neither CONSULTANT nor CITY shall be considered to be in default of the provisions of this
Agreement for delays in performance due to forces beyond the control of the parties. “Forces
beyond the control of the parties” shall mean, but is not limited to, delay caused by fire, acts of
God, flood, earthquakes, storms, lightning, epidemic, war, riot, and/or civil disturbance.
ARTICLE 16 - GOVERNING LAW. This Agreement shall be governed by the laws of
the State of North Carolina.
ARTICLE 17 - MISCELLANEOUS.
17.1 NONWAIVER FOR BREACH. No breach or non-performance of any term of
this Agreement shall be deemed to be waived by either party unless said breach or non-
performance is waived in writing and signed by the parties. No waiver of any breach or non-
performance under this Agreement shall be deemed to constitute a waiver of any subsequent breach
or non-performance and for any such breach or non-performance each party shall be relegated to
such remedies as provided by law.
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17.2 PRECEDENCE. In the event of any conflict or discrepancy between the terms of
this Agreement and the specific written authorization to proceed pursuant to this Agreement, then
the written authorization to proceed shall be given precedence over this Agreement in resolving
such conflicts or discrepancies. If any conflict or discrepancy is discovered by either party hereto,
then the written authorization to proceed, or this Agreement, shall be modified or amended, as
necessary.
17.3 SEVERABILITY. The invalidity, illegality, or un-enforceability of any portion or
provision of this Agreement shall in no way affect the validity, legality and/or enforceability of
any other portion or provision of this Agreement. Any invalid, illegal or unenforceable provision
of this Agreement shall be deemed severed from this Agreement, and the balance of the Agreement
shall be construed and enforced the same as if the Agreement had not contained any portion or
provision which was invalid, illegal or unenforceable. Provided, however, this section 17.3 shall
not prevent this entire Agreement from being void in the event any portion or provision of this
Agreement which is of the essence of this Agreement shall be deemed void as provided by law or
as determined by a court of competent jurisdiction.
ARTICLE 18 - INTEGRATED AGREEMENT. The CITY’S request for Proposal, the
CONSULTANT’S written Proposal, the CITY’S authorization to proceed and this General
Services Agreement for Consulting Services shall be integrated into and shall become the
integrated agreement between the parties. CONSULTANT and CITY agree that all prior
negotiations, representations, proposals, letters, agreements, understandings, or other
communications between them, whether written or oral, are hereby merged into the Agreement
and that the Agreement supersedes all such prior negotiations, contracts and/or agreements. This
Agreement shall not be modified unless such modifications are evidenced in writing, signed by
both CONSULTANT and CITY.
ARTICLE 19 - ASSIGNMENT. CONSULTANT shall not assign, sublet, or transfer any
rights under or interest in (including, but without limitation, monies that may become due or
monies that are due) this Agreement without the written consent of CITY. Nothing contained in
this paragraph shall prevent CONSULTANT from employing such independent consultants,
associates, and sub-contractors as it may deem appropriate to assist CONSULTANT in the
performance of services rendered.
19.1 BENEFITS LIMITED TO PARTIES. Nothing herein shall be construed to give
any right or benefits hereunder to anyone other than CITY and CONSULTANT.
19.2 LIMITATIONS. CONSULTANT’s total liability to CITY under each
authorization shall not exceed the total compensation paid under the authorization, or
$1,000,000, whichever is greater; any portion of liability determined to be consequential damages
under this per authorization limit, shall not exceed the compensation paid under the authorization.
10
In no event shall CONSULTANT’s total liability in the aggregate, for all services under this
agreement, exceed $4,000,000. limits set forth in this agreement shall apply notwithstanding
any and all causes whatsoever including, but not limited to negligence (of any degree), errors,
omissions, warranty, indemnity, strict liability or breach of contract, provided, however, that the
foregoing limitation shall not apply to any indemnity obligations of consultant with respect to
third party personal injury and death or damage to third party property.
ARTICLE 20 – DISPUTE RESOLUTION. CITY and CONSULTANT agree that they shall
first submit any and all unsettled claims, counterclaims, disputes and other matters in question
between them arising out of or relating to this Agreement or the breach thereof to mediation,
pursuant to The Mediated Settlement Conference Rules of the 12the
Judicial District, Superior
Court Division, and Cumberland County. If such mediation is unsuccessful in resolving a
dispute, then either party may seek to have the dispute resolved by a court of competent
jurisdiction.
IN WITNESS WHEREOF, the parties have executed this Agreement by their duly
authorized representatives effective the day and year first above written.
CITY OF FAYETTEVILLE, NORTH CAROLINA
DATE:
BY:
Douglas J. Hewett
City Manager, ICMA-CM
CONSULTANT NAME
DATE:
BY:
TITLE: _____________________
Exhibit B: Federal Contracting Terms
FEDERALLY-FUNDED THIRD PARTY CONTRACT REQUIREMENTS
These provisions listed below are an integral part of this RFQ and are hereby incorporated
by reference in the agreement between the City of Fayetteville and Consultant. The selected
Consultant agrees to comply with all federal statutes and regulations applicable to grantees
under the Act.
1. ENERGY CONSERVATION REQUIREMENTS
42 U.S.C. 6321 et seq.
49 CFR Part 18
The Consultant agrees to comply with mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance
with the Energy Policy and Conservation Act.
2. NO GOVERNMENT OBLIGATION TO THIRD PARTIES
(1) The Purchaser and Consultant acknowledge and agree that, notwithstanding any
concurrence by the Federal Government in or approval of the solicitation or award of the
underlying contract, absent the express written consent by the Federal Government, the
Federal Government is not a party to this contract and shall not be subject to any
obligations or liabilities to the Purchaser, Consultant, or any other party (whether or not a
party to that contract) pertaining to any matter resulting from the underlying contract.
(2) The Consultant agrees to include the above clause in each subcontract financed in
whole or in part with Federal assistance provided by FTA. It is further agreed that the
clause shall not be modified, except to identify the sub consultant who will be subject to
its provisions.
3. PROGRAM FRAUD AND FALSE OR FRAUDULENT STATEMENTS
AND RELATED ACTS
31 U.S.C. 3801 et seq.
49 CFR Part 31 18 U.S.C. 1001
49 U.S.C. 5307
(1) The Consultant acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. § § 3801 et seq. and U.S. DOT regulations, "Program
Fraud Civil Remedies," 49 C.F.R. Part 31, apply to its actions pertaining to this Project.
Upon execution of the underlying contract, the Consultant certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, it may make, or causes
to be made, pertaining to the underlying contract or the FTA assisted project for which this
contract work is being performed. In addition to other penalties that may be applicable, the
Consultant further acknowledges that if it makes, or causes to be made, a false, fictitious,
or fraudulent claim, statement, submission, or certification, the Federal Government
reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of
1986 on the Consultant to the extent the Federal Government deems appropriate.
(2) The Consultant also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in part
with Federal assistance originally awarded by FTA under the authority of 49 U.S.C. §
5307, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and
49 U.S.C. § 5307(n)(1) on the Consultant, to the extent the Federal Government deems
appropriate.
(3) The Consultant agrees to include the above two clauses in each subcontract financed
in whole or in part with Federal assistance provided by FTA. It is further agreed that the
clauses shall not be modified, except to identify the sub consultant who will be subject to
the provisions.
4. ACCESS TO RECORDS AND REPORTS
49 U.S.C. 5325
18 CFR 18.36 (i)
49 CFR 633.17
The following access to records requirements apply to this Contract:
a. The Consultant agrees to provide the Purchaser, the FTA Administrator, the
Comptroller General of the United States or any of their authorized
representatives access to any books, documents, papers and records of the
Consultant which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts and transcriptions. Consultant also
agrees, pursuant to 49 C. F. R. 633.17 to provide the FTA Administrator or
his authorized representatives including any PMO Consultant access to
Consultant’s records and construction sites pertaining to a major capital
project, defined at 49 U.S.C. 5302(a)1, which is receiving federal financial
assistance through the programs described at 49 U.S.C. 5307, 5309 or 5311.
b. Where the Purchaser enters into a negotiated contract for other than a small
purchase or under the simplified acquisition threshold and is an institution
of higher education, a hospital or other non-profit organization and is the
FTA Recipient or a sub grantee of the FTA Recipient in accordance with 49
C.F.R. 19.48, Consultant agrees to provide the Purchaser, FTA
Administrator, the Comptroller General of the United States or any of their
duly authorized representatives with access to any books, documents,
papers and record of the Consultant which are directly pertinent to this
contract for the purposes of making audits, examinations, excerpts and
transcriptions.
c. The Consultant agrees to permit any of the foregoing parties to reproduce
by any means whatsoever or to copy excerpts and transcriptions as
reasonably needed.
d. The Consultant agrees to maintain all books, records, accounts and reports
required under this contract for a period of not less than three years after the
date of termination or expiration of this contract, except in the event of
litigation or settlement of claims arising from the performance of this
contract, in which case Consultant agrees to maintain same until the
Purchaser, the FTA Administrator, the Comptroller General, or any of their
duly authorized representatives, have disposed of all such litigation,
appeals, claims or exceptions related thereto. Reference 49 CFR
18.39(i)(11).
5. FEDERAL CHANGES
49 CFR Part 18
Consultant shall at all times comply with all applicable FTA regulations, policies,
procedures and directives, including without limitation those listed directly or by reference
in the Master Agreement between Purchaser and FTA, as they may be amended or
promulgated from time to time during the term of this contract. Consultant's failure to so
comply shall constitute a material breach of this contract.
6. CIVIL RIGHTS REQUIREMENTS
29 U.S.C. § 623, 42 U.S.C. § 2000
42 U.S.C. § 6102, 42 U.S.C. § 12112
42 U.S.C. § 12132, 49 U.S.C. § 5332
29 CFR Part 1630, 41 CFR Parts 60 et seq.
The following requirements apply to the underlying contract:
(1) Nondiscrimination - In accordance with Title VI of the Civil Rights Act, as
amended, 42 U.S.C. § 2000d, section 303 of the Age Discrimination Act of 1975, as
amended, 42 U.S.C. § 6102, section 202 of the Americans with Disabilities Act of 1990,
42 U.S.C. § 12132, and Federal transit law at 49 U.S.C. § 5332, the Consultant agrees that
it will not discriminate against any employee or applicant for employment because of race,
color, creed, national origin, sex, age, or disability. In addition, the Consultant agrees to
comply with applicable Federal implementing regulations and other implementing
requirements FTA may issue.
(2) Equal Employment Opportunity - The following equal employment opportunity
requirements apply to the underlying contract:
(a) Race, Color, Creed, National Origin, Sex - In accordance with Title VII of
the Civil Rights Act, as amended, 42 U.S.C. § 2000e, and Federal transit laws at 49
U.S.C. § 5332, the Consultant agrees to comply with all applicable equal
employment opportunity requirements of U.S. Department of Labor (U.S. DOL)
regulations, "Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor," 41 C.F.R. Parts 60 et seq ., (which implement
Executive Order No. 11246, "Equal Employment Opportunity," as amended by
Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal
Employment Opportunity," 42 U.S.C. § 2000e note), and with any applicable
Federal statutes, executive orders, regulations, and Federal policies that may in the
future affect construction activities undertaken in the course of the Project. The
Consultant agrees to take affirmative action to ensure that applicants are employed,
and that employees are treated during employment, without regard to their race,
color, creed, national origin, sex, or age. Such action shall include, but not be
limited to, the following: employment, upgrading, demotion or transfer,
recruitment or recruitment advertising, layoff or termination; rates of pay or other
forms of compensation; and selection for training, including apprenticeship. In
addition, the Consultant agrees to comply with any implementing requirements
FTA may issue.
(b) Age - In accordance with section 4 of the Age Discrimination in
Employment Act of 1967, as amended, 29 U.S.C. § § 623 and Federal transit law
at 49 U.S.C. § 5332, the Consultant agrees to refrain from discrimination against
present and prospective employees for reason of age. In addition, the Consultant
agrees to comply with any implementing requirements FTA may issue.
(c) Disabilities - In accordance with section 102 of the Americans with
Disabilities Act, as amended, 42 U.S.C. § 12112, the Consultant agrees that it will
comply with the requirements of U.S. Equal Employment Opportunity
Commission, "Regulations to Implement the Equal Employment Provisions of the
Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment
of persons with disabilities. In addition, the Consultant agrees to comply with any
implementing requirements FTA may issue.
(3) The Consultant also agrees to include these requirements in each subcontract
financed in whole or in part with Federal assistance provided by FTA, modified only if
necessary to identify the affected parties.
7. INCORPORATION OF FEDERAL TRANSIT ADMINISTRATION (FTA) TERMS
FTA Circular 4220.1E
The preceding provisions include, in part, certain Standard Terms and Conditions required
by DOT, whether or not expressly set forth in the preceding contract provisions. All
contractual provisions required by DOT, as set forth in FTA Circular 4220.1E are hereby
incorporated by reference. Anything to the contrary herein notwithstanding, all FTA
mandated terms shall be deemed to control in the event of a conflict with other provisions
contained in this Agreement. The Consultant shall not perform any act, fail to perform any
act, or refuse to comply with any City requests which would cause the City to be in
violation of the FTA terms and conditions.
9. GOVERNMENT-WIDE DEBARMENT AND SUSPENSION
(NONPROCUREMENT)
49 CFR Part 29
Executive Order 12549
Suspension and Debarment
This contract is a covered transaction for purposes of 49 CFR Part 29. As such, the
consultant is required to verify that none of the consultant, its principals, as defined at 49
CFR 29.995, or affiliates, as defined at 49 CFR 29.905, are excluded or disqualified as
defined at 49 CFR 29.940 and 29.945.
The consultant is required to comply with 49 CFR 29, Subpart C and must include the
requirement to comply with 49 CFR 29, Subpart C in any lower tier covered transaction it
enters into.
By signing and submitting its bid or proposal, the bidder or proposer certifies as follows:
The certification in this clause is a material representation of fact relied upon
by the City. If it is later determined that the bidder or proposer knowingly rendered an
erroneous certification, in addition to remedies available to the City, the Federal
Government may pursue available remedies, including but not limited to suspension
and/or debarment. The bidder or proposer agrees to comply with the requirements of 49
CFR 29, Subpart C while this offer is valid and throughout the period of any contract that
may arise from this offer. The bidder or proposer further agrees to include a provision
requiring such compliance in its lower tier covered transactions.
10. TERMINATION
49 U.S.C.Part 18
FTA Circular 4220.1E
a) Disputes – Disputes arising in the performance of this Contract which are not resolved
by agreement of the parties shall be decided in writing by the authorized representative
of the City’s Transportation Director. This decision shall be final and conclusive unless
within (seven) 7 days from the date of receipt of its copy, the Consultant mails or
otherwise furnishes a written appeal to the Transportation Director. In connection with
any such appeal, the Consultant shall be afforded an opportunity to be heard and to
offer evidence in support of its position. The decision of the Transportation Director
shall be binding upon the Consultant and the Consultant shall abide by the decision.
b) Performance During Dispute – Unless otherwise directed by the City, Consultant shall
continue performance under this Contract while matters in dispute are being resolved.
c) Claims for Damages – Should either party to the Contract suffer injury or damage to
person or property because of any act or omission of the party or of any of his
employees, agents or others for whose acts he is legally liable, a claim for damages
therefore shall be made in writing to such other party within a reasonable time after
the first observance of such injury of damage.
d) Remedies – Unless this contract provides otherwise, all claims, counterclaims, disputes
and other matters in question between the City and the Consultant arising out of or
relating to this agreement or its breach will be decided by arbitration if the parties
mutually agree, or in a court of competent jurisdiction within the State in which the
City is located.
e) Rights and Remedies – The duties and obligations imposed by the Contract Documents
and the rights and remedies available thereunder shall be in addition to and not a
limitation of any duties, obligations, rights and remedies otherwise imposed or
available by law. No action or failure to act by the City, or Consultant shall constitute
a waiver of any right or duty afforded any of them under the Contract, nor shall any
such action or failure to act constitute an approval of or acquiescence in any breach
there under, except as may be specifically agreed in writing.
18
STATE OF
COUNTY OF
I, (the individual attesting below), being duly
authorized by and on behalf of ("Employer") after first being duly
sworn hereby swears or affirms as follows:
1. Employer understands that E-Verify is the federal E-Verify program operated by the
United States Department of Homeland Security and other federal agencies, or any
successor or equivalent program used to verify the work authorization of newly hired
employees pursuant to federal law in accordance with NCGS §64-25(5).
2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring
an employee to work in the United States, shall verify the work authorization of the
employee through E-Verify in accordance with NCGS§64-26(a).
3. Employer is a person, business entity, or other organization that transacts business in
this State and that employs 25 or more employees in this State. (Mark Yes or No)
a. YES , or
b. NO
4. Employer and Employer's subcontractors comply with E-Verify, and if Employer
subsequently retains any subcontractors on this project Employer will ensure their
compliance with E-Verify.
This day of , 2016.
Signature of Affiant Print or Type Name:
State of County of
Signed and sworn to (or affirmed) before me, this the
day of , 2016.
My Commission Expires:
Notary
Public
(Affix
Official/N
otarial
Seal)
