2025 Debris Monitoring Services.pdf

PIERCE COUNTY GEORGIA

BOARD OF COMMISSIONERS

PIERCE COUNTY DEBRIS MONITORING SERVICES

PROJECT

REQUEST FOR PROPOSAL

RFP25-M0007

RESPONSE DEADLINE: August 4, 2025, at 1:30 PM

Pierce County BOC Pierce County Debris Monitoring Services Project – RFP25-M0007

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Table of Contents

1. INTRODUCTION

2. INVITATION TO PROPOSERS

3. INSTRUCTIONS TO PROPOSERS

4. DEFINITIONS AND GENERAL TERMS AND CONDITIONS

5. PROGRAM SERVICES

6. PRICING PROPOSAL

7. PROPOSAL REQUIREMENTS

8. EVALUATION

9. VENDOR QUESTIONNAIRE

Attachments:

A - Pierce County Sample Contract

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1. INTRODUCTION

1.1. SUMMARY

Pierce County is seeking to issue a contract for debris removal monitoring services per FEMA guidelines in order for the County to be eligible to receive assistance for disaster debris removal from public access roads, rights-of-ways, and public property. These services will be provided by independent contractor(s) selected by the County. Monitoring of debris removal and disposal contractor activities is a critical component in successful debris operations and in the justification and documentation of any application for FEMA Public Assistance funding. The responsibility of these contractor(s) will be to deploy trained debris monitors to observe and document debris removal contractor activities. As such, the County requires the services of a debris monitoring contractor to support the oversight, management, and technical assistance for the monitoring of debris removal and recovery contractors in accordance with Federal Emergency Management Agency (“FEMA”) guidelines, policies, and procedures. The Contractor(s) shall provide field monitors at designated locations to ensure that only eligible debris is being removed and to check and verify information on debris removal and at the Debris Management Site (DMS) and the Temporary Debris Storage and Reduction Sites (TDSRS) designated by the County.

1.2. BACKGROUND

The County must implement debris removal monitoring services per FEMA guidelines in order for the County to be able to receive assistance for disaster debris removal from public access roads, right-of-ways, and public property. These services will be provided by independent contractor(s) selected by the County. Monitoring of debris removal and disposal contractor activities is a critical component in successful debris operations and in the justification and documentation of any application for FEMA Public Assistance funding. The responsibility of these contractor(s) will be to deploy trained debris monitors to observe and document debris removal contractor activities.

As such, the County requires the services of a debris monitoring contractor to support the oversight, management, and technical assistance for the monitoring of debris removal and recovery contractors in accordance with Federal Emergency Management Agency (“FEMA”) guidelines, policies, and procedures. The Contractor(s) shall provide field monitors at designated locations to ensure that only eligible debris is being removed and to check and verify information on debris removal and at the Debris Management Site (DMS) and the Temporary Debris Storage and Reduction Sites (TDSRS) designated by the County.

1.3. CONTACT INFORMATION

Department:

Public Works

1.4. TIMELINE

Release Project Date July 2, 2025

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Pre-Proposal Meeting (Non-Mandatory) Thursday July 24, 2025 @ 10:00 a.m.

312 Nichols Street

Suite 5

Blackshear, Ga. 31516

Question Submission Deadline Monday, July 21, 2025

Question Response Deadline Wednesday, July 23, 2025

Proposal Submission Deadline Monday, August 4th, 2025

@1:30 p.m.

Intended Date for Contract Award Tuesday, August 5th, 2025

@ 6:00 p.m. meeting

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2. INVITATION TO PROPOSERS

Finance Department

312 Nichols St. Suite # 5

Blackshear, GA 31516

Pierce County Debris Monitoring Services Project, Project FY25

RFP25-M0007

2.1. INVITATION TO PROPOSERS

The Board of Commissioners, Pierce County, Georgia will receive sealed technical and fee proposals for:

Pierce County Debris Monitoring Services Project. Proposals will be received via the Georgia eProcurement Portal at https://ssl.doas.state.ga.us until 1:30 pm on Monday, August 4, 2025, for the above referenced service which are described in the schedules attached hereto. Proposals will be publicly opened and only the name(s) of those Proposers responding will be mentioned. All Proposers are invited to be present during the proposal opening.

There will be a non-mandatory Pre-proposal Conference held on Thursday, July 24, 2025, 10:00 a.m. at Annex Conference room located at 312 Nichols St. Suite 5, Blackshear, Ga. 31516. Any questions and /or misunderstandings that may arise from this request shall be submitted, in writing via the Georgia eProcurement Portal Q&A feature no later than 5:00 pm on Monday July 21, 2025. All Questions and Answers submitted will be posted to the website no later than Wednesday, July 23, 2025. Answers to questions submitted that materially change the conditions and specifications of this Invitation for Proposal will be promulgated to all addressees as an addendum. All contact concerning this solicitation shall be made through Georgia’s eProcurement Portal Q&A feature. Bidders shall not contact County employees, Department Heads, Evaluation Committee Members or Elected Officials with questions or any other concerns about the solicitation.

Any discussions or documents will be considered non-binding unless incorporated and promulgated in an addendum. It shall be the Proposers responsibility to seek clarification as early as possible prior to the opening of proposals.

The Proposer’s response shall include a technical proposal and a separate fee proposal. Proposals should include all requested information as stated in this RFP.

Pierce County Board of Commissioners anticipates making a single contract award; however, it reserves the right to make multiple awards should it be in the best interest of the County. Such an award, if any, is projected to be accomplished within sixty (60) days from the proposal opening.

The Pierce County Board of Commissioners reserves the right to reject any or all proposals, waive technicalities and make the award in the best interest of the County.

https://ssl.doas.state.ga.us/

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Sincerely, Lana Blankenship Procurement Officer Pierce County Board of Commissioners

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3. INSTRUCTIONS TO PROPOSERS

3.1. INTENT

It is intended that the Instructions to Proposers, General Conditions, and Detailed Specifications shall define and describe the complete work to which they relate.

3.2. WORK TO BE DONE

The Board of Commissioners of Pierce County, Georgia (“the Owner”) seeks proposals from interested qualified firms to provide the services summarized below, including all the details outlined and required in the Program Services section.

Pierce County is seeking to issue a contract for debris removal monitoring services per FEMA guidelines in order for the County to be eligible to receive assistance for disaster debris removal from public access roads, rights-of-ways, and public property. These services will be provided by independent contractor(s) selected by the County. Monitoring of debris removal and disposal contractor activities is a critical component in successful debris operations and in the justification and documentation of any application for FEMA Public Assistance funding. The responsibility of these contractor(s) will be to deploy trained debris monitors to observe and document debris removal contractor activities. As such, the County requires the services of a debris monitoring contractor to support the oversight, management, and technical assistance for the monitoring of debris removal and recovery contractors in accordance with Federal Emergency Management Agency (“FEMA”) guidelines, policies, and procedures. The Contractor(s) shall provide field monitors at designated locations to ensure that only eligible debris is being removed and to check and verify information on debris removal and at the Debris Management Site (DMS) and the Temporary Debris Storage and Reduction Sites (TDSRS) designated by the County.

3.3. SITE EXAMINATION

The Proposer is advised to examine the location of the work and to inform himself fully as to its conditions; the conformation of the ground; the character, quality and quantity of the products needed preliminary to and during the prosecution of the work; the general and local conditions and all other matters which can in any way affect the work to be done under the Contract. Failure to examine the site will not relieve the successful Proposer of his obligation to furnish all products and labor necessary to carry out the provisions of his contract. The Proposer shall confine his examination to the specific areas designated for the proposed construction, including easements and public rights of way. The Proposer is solely responsible for any damages caused by his examination of the site.

3.4. DOCUMENT EXAMINATION

The Proposer is advised to examine all documents and current parameters of the services in becoming fully informed as to their conditions. This includes the conformity with specific standards and the character, quality and quantity of the reports and services provided. Failure to examine these areas will not relieve the successful Proposer of the obligation to furnish all products and services necessary to carry out the provisions of the contract.

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3.5. DETERMINATION OF SUCCESSFUL PROPOSER

The Contract will be awarded to the Proposer with the highest score, if awarded.

A. Responsibility: The determination of the Proposer’s responsibility will be made by the Owner.

The Proposer shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Proposal if the evidence submitted by, or investigation of, the Proposer fails to satisfy the Owner that he is properly qualified to carry out the obligation of the Contract.

B. Responsiveness: The determination of responsiveness will be made by the Owner based on a consideration of whether the Proposer has submitted a complete Proposal form without irregularities, excisions, special conditions, or alternative Proposals for any item unless specifically requested in the Proposal form.

3.6. PROPOSAL ALTERNATES

Proposers are requested to review proposal alternates, if any, as outlined on the Proposal Form.

3.7. SUBMISSION OF PROPOSALS

Proposals shall be submitted at the time and place indicated in the Request. Pierce County will not accept late Proposals. Proposers are reminded that documents and information in the possession of Pierce County will be treated as confidential/proprietary information only to the extent permitted by the Georgia Open Records Act, and will be exempt from disclosure to a third party only to the extent permitted by the Georgia Open Records Act.

Should you believe that your Proposal contains any trade secrets you must submit an affidavit, along with the Proposal/proposal, that states that specific portions of the Proposal/proposal contain trade secrets as defined by Georgia law (Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia). Furthermore, the affidavit must be detailed, citing specifically (citing paragraphs, articles, provisions, pages, etc.) the portions of the Proposal/proposal containing any trade secrets.

Required: One original technical/practical proposal and three copies. One fee proposal. One removeable flash-drive which includes both the technical/practical proposal and the fee proposal.

The following address should be used on the outside of the envelope containing the proposals:

Pierce County Board of Commissioners Purchasing Department 312 Nichols St., Suite 5 Blackshear, Georgia 31516 The following must be on the outside of the sealed envelope.

“SEALED PROPOSAL Debris Removal and Disposal Services-FY25-RFP 25007”

3.8. PROPOSAL FORM

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3.9. GRATUITIES

Pierce County acknowledges that, particularly during the holiday season, it may be customary to provide gifts to employees or departments. However, the Pierce County Personnel Policy prevents the acceptance of such gifts. Your cooperation in respecting the policy is appreciated.

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3.10. GEORGIA OPEN RECORDS ACT

Proposers are reminded that documents and information in the possession of Pierce County will be treated as confidential/proprietary information only to the extent permitted by the Georgia Open Records Act, and will be exempt from disclosure to a third party only to the extent permitted by the Georgia Open Records Act. Should you believe that your Proposal contains any trade secrets you must submit an affidavit, along with the Proposal, that states that specific portions of the Proposal contain trade secrets as defined by Georgia law (Article 27 of Chapter 1 of Title 10 of the Official Code of Georgia). Furthermore, the affidavit must be detailed, citing specifically (citing paragraphs, articles, provisions, pages, etc.) the portions of the Proposal containing any trade secrets.

3.11. PROPOSERS PRACTICAL AND FEE RESPONSE

These instructions are an integral part of any proposal. The Proposers' response shall include the required practical/technical proposal and fee proposal with all other information requested in this Request for Proposal (RFP). Practical response must not have fees listed therein. If a fee is located in the practical/technical response, the submission will be considered non-responsive and will not be evaluated. The fees shall be the full cost to the Board of Commissioners, Pierce County, Georgia.

Practical and Fee Proposals must be submitted separately as per the instructions in the Vendor Questionnaire. Failure to do so WILL result in disqualification of the Request for Proposal submission.

Pierce County anticipates making a single award; however, it reserves the right to make multiple awards should it deem in the best interest of the County. It is anticipated that such an award, if any, will be accomplished within sixty (60) days (unless otherwise agreed upon by the Proposer(s) and the County) from the proposal opening.

Pierce County provides equal opportunity for all businesses and does not discriminate against any person or business because of race, color, religion, sex, national origin, and handicap or veteran’s status.

This policy ensures all segments of the business community have access to supplying the goods and services needed by Pierce County.

3.12. CONTRACT TIME

3.12. Contract Time

It is the intent of the County to issue a Contract for a base year with four (4) optional extension years.

Base Year: August 5th, 2025 – April 30th, 2026

First Option Year: May 1st, 2026 – April 30th - 2027

Second Option Year: May 1st, 2027 – April 30th, 2028

Third Option Year: May 1st, 2028 – April 30th, 2029

Fourth Option Year May 1st, 2029 – April 30th, 2030

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4. DEFINITIONS AND GENERAL TERMS AND CONDITIONS

Pierce County Debris Monitoring Services Project--FY25--RFP24-048

4.1. DEFINITIONS

Company - The Proposer

County - The Pierce County Board of Commissioners

County Employee - An employee of Pierce County subject to its personnel policies

Department - A unit of the Pierce County government that encompasses similar staff functions, purposes, and goals and operates under the direct supervision of the Pierce County Board of Commissioners, a Constitutional Officer or an Appointed Official

Fee - A dollar amount inclusive of all Proposer's costs (overhead, insurance, labor, equipment, advertisements, etc.), general & accounting, and profit charged for a specific service(s)

Principal - Any officer or Manager of the proposing organization, and any person, firm, corporation, partnership, joint venture, or other entity, who or which owns or controls three percent (3%) or more of the voting stock or any equivalent voting interest of a partnership or joint venture

Proposal - An offer or statement of a price and project description in response to a request for materials or services to be rendered to the County or its employees

Proposer - Any corporation, partnership, individual, sole proprietorship, joint stock company, joint venture, or any other private legal entity that has submitted a bid which conforms in all material respects to the requirements set forth in the RFP

Request for Proposal (RFP) - Executed documents, including documents attached or incorporated by reference, utilized for soliciting proposals in accordance with the RFP procedures and instructions set forth herein.

Contractor – The successful Proposer(s)

4.2. NOTICE OF AWARD (NOA) OF CONTRACT

As soon as possible, and within 60 days after receipt of Proposals, the County shall notify the successful Proposer(s) of the award of the contract. Should the County require additional time to award a contract, the time may be extended by mutual agreement between the County and the successful Proposer. If an Award of Contract has not been made within 60 days from the Proposal date or within the extension mutually agreed upon, the Proposer may withdraw the Proposal without further liability on the part of either party.

4.3. EXECUTION OF CONTRACT DOCUMENTS

A. Within fifteen (15) days of Notification of Award of Contract, the County shall furnish the

Contractor the conformed copies of Contract Documents for execution by him and his Surety.

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B. Within fifteen (15) days after receipt, the Contractor shall return all the documents properly executed by himself and his Surety. Certificates of insurance for the required limits will accompany the Contract documents.

C. Within thirty (30) days after receipt of the documents executed by the Contractor and certificates of insurance, the County shall complete the execution of the documents.

Distribution of the completed documents will be made upon completion. Should either party require an extension of any of the time limits stated above, this shall be done only by mutual agreement between both parties.

4.4. INSURANCE

The Contractor shall not commence work under this contract until all insurance described below has been obtained and such insurance has been approved by the County, nor shall the Contractor allow any subcontractor to commence work on his subcontract until all similar insurance required of the subcontractor has been so obtained and approved by the Contractor.

A. Liability The Contractor shall maintain such insurance as will protect him from claims under workmen's compensation acts and from any other claims for damages to property, and for personal injury, including death, which may arise from operations under this contract, whether such operations be by himself or by any sub-contractor or anyone directly or indirectly employed by either of them. Certificates of such insurance shall be filed with the Owner. The Contractor shall be responsible for providing adequate limits of insurance when working within property owned by railroads, as established by such railroad company.

B. Indemnity To the fullest extent permitted by laws, statutes, rules and regulations, the Contractor shall indemnify and hold harmless the County, Engineer, Engineer’s Consultants and the Officers, Managers, Employees, Agents, and other Consultants of each and any of them from and against claims, costs, damages, losses, and expenses, including but not limited to all fees and charges of engineers, architects, attorneys and other professionals and all court costs, arising out of or resulting from performance of the work, but only to the extent caused in whole or in part by negligent, reckless, willful and wanton, or wrongful acts or omissions of the Contractor, its Officers, Managers, Employees, Agents, and anyone directly, or indirectly employed by them or anyone for whose acts they may be liable, regardless of whether or not such claim, cost, damage, loss, or expense is caused in part by a party indemnified hereunder, except that no party shall indemnify any other party or person for their own sole negligence.

Such obligation shall not be construed to negate, abridge or reduce other rights or obligations of indemnity which would otherwise exist as to a party or person described in this Paragraph.

Comprehensive General Liability The successful Proposer shall exercise proper precaution at all times for the protection of persons and property. He shall carry approved insurance from insurance companies authorized to do business in Georgia and having an A.M. Best’s rating of B+ or better with the following minimums:

*The limits of insurance are as follows: general liability insurance of at least One Million

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(1,000,000) Dollars (Combined Single Limit per occurrence) and Two Million (2,000,000) Dollars aggregate; automobile insurance of at least One Million (1,000,000) Dollars (Combined Single Limit per accident for bodily injury or property damage); and Workers’ Compensation Insurance as will protect potential Proposer or offeror from Workers’ Compensation Acts.

*Contractors Liability Insurance shall be effective for the duration of the work as described in the contract documents, including authorized change orders, plus any period of guarantee as required herein.

4.5. INDEMNIFICATION

The Contractor will indemnify and hold harmless the County and their agents and employees from and against all claims, damages, losses and expenses including attorneys' fees arising out of or resulting from the performance of the work, provided that any such claims, damage, loss or expense is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property, including the loss of use resulting therefrom; and is caused in whole or in part by any negligent or willful act or omission of the Contractor, and subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. In any and all claims against the County or any of their agents or employees, by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them, or anyone for whose acts any of them may be liable, the indemnification obligation shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any subcontractor under the Worker's Compensation Acts, Disability Benefits Acts or other employee benefits acts.

4.6. NOTICE TO PROCEED

The Notice to Proceed is typically issued within ten (10) days of the execution of the Contract Agreement by the County. However, as stipulated within this RFP, the NTP will only be issued to the Contractor at the onset of disastrous events which demand response activation.

4.7. TERMINATION

Termination for Convenience of Owner. The Owner may, at will, upon written notice to the Contractor, terminate (without prejudice to any right or remedy of the Owner) the whole or any portion of the Work for the convenience of the Owner. Termination for the Contractor. The Contractor may terminate any contract arising out of this RFP for any reason upon thirty (30) days written notice to the County. The termination notice shall be deemed received three (3) days after placing the notice in the United States mail.

4.8. ASSIGNMENTS

The Contractor shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of the County. In case the Contractor assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substantially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the Contractor shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the work called for in this contract.

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4.9. SUBCONTRACTING

A. The Contractor shall not subcontract the complete work, or any major part thereof, and shall not award any work to any subcontractor without prior written approval of the County, which approval will not be given except upon the basis of written statements containing such information as the County may require.

B. The Contractor shall utilize the services of specialty subcontractors on those parts of the work which, under normal contracting practices, are performed by specialty subcontractors. If the Contractor desires to perform specialty work, they shall submit a request to the County accompanied by evidence that the Contractor's own organization has successfully performed the work in question, is presently competent to perform the work, and the performance of the work by specialty subcontractors will result in materially increased costs or inordinate delays.

C. The Contractor shall be as fully responsible to the County for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. The Contractor must ensure payment is made in full to any and all sub-contractors. The Contractor shall cause appropriate provisions to be inserted in all subcontracts relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other Contract Documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regards to terminating any subcontractor that the County may exercise over the Contractor under any provision of the Contract Document. Nothing contained in this Contract shall create any contractual relation between any subcontractor and the County.

4.10. AUTHORITY OF PROJECT MANAGERS

The Project Manager or his representative shall act as the County's Practical Representative during the execution of this contract. He shall decide questions which may arise as to quality and acceptability of services and products furnished and work performed. He shall interpret the practical intent of the Contract Documents in a fair and unbiased manner. He will make random inspections to determine if the services are proceeding in accordance with the Contracts Documents. He shall judge as to the accuracy of quantities submitted by the Contractor in payment requests and the acceptability of the work which these quantities represent. The decisions of the Project Manager or his representative shall be final and conclusive and binding upon all parties to the Contract.

4.11. SEPARATE CONTRACTS

A. The County reserves the right to let other contracts in connection with this project. The

Contractor shall afford other Contractors reasonable opportunity for the execution of their work, and the Contractor and other Contractors shall properly connect and coordinate their work with each other. If the proper execution or results of any part of the Contractor's work depends upon the work of any other Contractor, the Contractor shall inspect and promptly report to the Engineer or his representative any defects in such work that render it unsuitable for such proper execution and results.

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B. The County may perform additional work related to the project with his own forces. The Contractor will afford the County reasonable opportunity for the execution of work and shall properly connect and coordinate his work with theirs.

4.12. LAWS AND REGULATIONS

A. The Contractor's attention is directed to the fact that all applicable Federal, State and County laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the project shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The Contractor shall keep himself fully informed of all laws, ordinances and regulations of the Federal, State, County and municipal governments or authorities in any manner affecting those engaged or employed in the work or the materials used in the work or in any way affecting the conduct of the work and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, he shall herewith report the same in writing to the County.

B. He shall at all times observe and comply with all such existing and future laws, ordinances and regulations, and shall protect and indemnify the County and its agents the violation of any such law, ordinance, regulation, order or decree, whether by himself or by his employees. Permits and licenses of a temporary nature, necessary for the prosecution of the work shall be secured and paid for by the Contractor.

4.13. NOTICE AND SERVICE THEREOF

A. All Notices, demands, requests, instructions, approvals, and claims shall be in writing.

B. Any notice to or demand upon the Contractor shall be sufficiently given if delivered at the office of the Contractor specified in the Proposal (or at such other office as the Contractor may from time to time designate to the County in writing), or if deposited in the United States Mail in a sealed, postage-prepaid envelope, or delivered, with charges prepaid, to any telegraph company for transmission, in each case addressed to such office.

C. All papers required to be delivered to the County shall, unless otherwise specified in writing to the Contractor, be delivered to the County Purchasing Agent, Pierce County, Georgia. Any notice to or demand upon the County shall be sufficiently given if delivered to the Office of said Purchasing Agent or if deposited in the United States Mail in a sealed, postage-prepaid envelope, or delivered with charges prepaid to any telegraph company for transmission, in each case addressed to said Purchasing Agent or to such other representative of the County or to such other address as the County may subsequently specify in writing to the Contractor for such purposes.

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D. Any such notice or demand shall be deemed to have been given or made as of the time of actual delivery or (in the case of mailing) when the same should have been received in due course of post or (in the case of telegrams) at the time of actual receipt, as the case may be.

4.14. SPECIFICATIONS

The Special Conditions, Practical Specifications, Statement of Work, Contract Documents, and all supplemental documents, are considered essential parts of the Contract Agreement, and requirements occurring in one are as binding as though occurring in all. They are intended to define, describe and provide for all work necessary to provide the services in an acceptable manner.

4.15. CHANGES IN THE CONTRACT

A. Changes in the Work. The County may at any time, as the need arises, order changes within the statement of the work without invalidating the Contract Agreement. If such changes increase or decrease the amount due under the Contract Documents, or in the time required for performance of the work, an equitable adjustment shall be negotiated culminate by the issuance of a Contract amendment. The Purchasing Agent, also, may at any time, by issuing a Contract amendment, make changes in the details of the work. The Contractor shall proceed with the performance of any changes in the work so ordered by the Purchasing Agent unless the Contractor believes that such order entitles him to a change in the fee or time or both, in which event he shall give the Purchasing Agent written notice thereof within fifteen (15) days after the receipt of the Contract amendment, and the Contractor shall not execute such amendments pending the receipt of an executed Notice to Proceed instruction from the County. The County may, when changes are minor or when changes would result in relatively small changes in the Fee or Contract Time, elect to postpone the issuance of a Contract amendment until such time that a single amendment of substantial importance can be issued incorporating several changes.

In such cases, the County shall indicate this intent in a written notice to the Contractor.

B. Changes in Fee. The Fee shall be changed only by a mutual agreement by the Contractor and the County transmitted as a Contract amendment. The value of any work covered by an amendment or of any claim for increase or decrease in the Fees shall be determined by one or more of the following methods in the order of precedence according to the following list:

l) By estimating the number of unit quantities of each part of the work which is changed and then multiplying the estimated number of such unit quantities by the fee Proposal for a unit quantity thereof.

2)The County shall fix the total lump sum value of the amendment in the work of the Contractor and shall set out the price which shall be added to or deducted from the Fees.

The Contractor shall, when required by the County, furnish to the County an itemized breakdown of the quantities and prices used in computing the value of any change that might be ordered.

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4.16. PAYMENTS AND COMPLETION

A. Breakdown of Cost. Before the first application for payment, the Contractor shall submit to the

Contract Practical Representative a breakdown of fees for the various portions of the work, including quantities if required by the Administrator, aggregating the total Fee prepared in such form as specified or as the Administrator and the Contractor may agree upon and supported by such data to substantiate its correctness as the Administrator may reasonably require. This schedule, when approved by the Administrator, shall be used only as a basis for the Contractor's application for payment.

B. Certificate for Payments. If the Contractor has made application for payment as above, the Contract Practical Representative will validate the application for such amount as is determined to be properly due, or state in writing the itemized and specific reasons for withholding an application as provided herein. After the Administrator has validated the application for payment, the County shall pay to the Contractor, within thirty (30) days, the amount covering services or work performed or completed. No application for payment, nor any payment, shall constitute an acceptance of any work or service not in accordance with the Contract Documents.

C. Governing Document All parties expressly agree that the provisions of the Georgia Prompt Pay Act, Title 13, Chapter 11, of the Official Code of Georgia Annotated, are superseded by the terms and conditions of this agreement.

4.17. CONTRACTOR'S CLAIM

No claim for additional or other compensation beyond the fees shall be allowable unless the Contractor makes and continuously maintains written demand therefor within thirty (30) days of the occurrence of any event which given rise to such claim.

4.18. CONTRABAND

Employees of the successful Proposer shall not enter County Buildings with goods or products that shall be considered contraband, i.e. drugs, drug paraphernalia, tobacco products smokeless or otherwise, etc.

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4.19. OFFICE HOURS

Pierce County Board of Commissioners is open to the public Monday through Friday, 8:00 A.M. to 5:00 P.M.

4.20. WORK SCHEDULING

The successful Proposer shall arrange his work schedule as directed in the Statement of Work and approved by the Contract Practical Representative.

4.21. GEORGIA SECURITY AND IMMIGRATION COMPLIANCE ACT

Pursuant to O.C.G.A. § 13-10-91 (Georgia Security and Immigration Compliance Act), every public employer, every contractor of a public employer, and every subcontractor of a public employer’s contractor must register and participate in a federal work authorization program. No public employer shall enter into a contract for the physical performance of services within this state unless the contractor registers and participates in a federal work authorization program to verify the work eligibility information of all new employees. No contractor or subcontractor shall enter into a contract or subcontract with a public employer in connection with the physical performance of services within this state unless such contractor or subcontractor registers and participates in a federal work authorization program to verify the work eligibility information of all new employees. Contractor acknowledges that the awarding of this contract is conditioned upon initial and ongoing compliance by the contractor and any subcontractor with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 of the Georgia Department of Labor; The requirements of O.C.G.A. § 13-10-91 pertaining to registering and participating in a federal work authorization program apply to public employers, their contractors, and subcontractors, as follows: On or after July 1, 2007, to contractors and subcontractors of 500 or more employees; On or after July 1, 2008, to contractors and subcontractors of 100 or more employees; and On or after July 1, 2009, to all other contractors or subcontractors. Contractor agrees that in the event it employs or contracts with any subcontractor(s) in connection with this contract, Contractor shall secure from the subcontractor(s) an indication of the employee-number category applicable to the subcontractor. Contractor agrees that its compliance with the requirements of O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 of the Georgia Department of Labor shall be attested by execution of the Contractor Affidavit, which is attached hereto, and which shall be a part of this contract. Contractor agrees that, in the event it employs or contracts with any subcontractor(s) in connection with this contract, Contractor shall secure from the subcontractor(s) an attestation of the subcontractor’s compliance with O.C.G.A. § 13-10-91 and Rule 300-10-1-.02 of the Georgia Department of Labor by the subcontractor’s execution of a Subcontractor Affidavit provided by Pierce County. The contractor shall maintain records of such an attestation for inspection by Pierce County at any time. The Subcontractor Affidavit shall become a part of the contractor/subcontractor agreement.

4.22. CONTRACT PERIOD

It is anticipated that a contract, if awarded, will be for a base period of one year, beginning upon receipt of a Notice of Award and followed by four (4), one (1) year extension options. The County will inform the successful Proposer, in writing, of its intent to execute any further extensions thirty (30) days prior to the end of any contract period then in existence. Notwithstanding the aforementioned, an awarded

18 | P a g e contract will not be extended beyond the five potential years outlined without being subject to re-bidding.

4.23. CONTRACT REVIEW BY FEMA

The contract between the selected firm and the County may be submitted for review to FEMA. The County desires that the costs it incurs for services provided by the selected firm be eligible for FEMA reimbursement. While the County understands that the selected firm cannot guarantee that the services it provides will be eligible for FEMA reimbursement, the County nevertheless desires that the selected firm utilize its professional judgment and expertise in an effort to limit its services to those which are eligible for FEMA reimbursement.

4.24. COUNTY EXPENDITURES

The County desires to enter into a contract for professional services with a firm possessing a high level of expertise and professional skill in the areas described in this RFP. As such, the County desires that the selected firm be contractually required to guarantee that all documents generated pursuant to the contract shall be in compliance with FEMA regulations and will be in a form so as to ensure eligibility of FEMA reimbursement regardless of whether or not FEMA actually reimburses.

4.25. CLEAN AIR ACT / CLEAN WATER ACT

All contractors agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387).

4.26. AFFIRMATIVE EFFORTS TO USE DISADVANTAGE BUSINESS

The awardee or contractor, if sub-contractors are to be let, must take all affirmative steps to assure that minority businesses, women’s business enterprises, and labor surplus area firms are used when possible.

Affirmative steps include:

(1) Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

(2) Assuring that small and minority businesses, and women’s business enterprises are solicited whenever they are potential sources;

(3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

(4) Establishing delivery schedules, where the requirement permits, which encourages participation by small and minority businesses, and women’s business enterprises;

(5) Using the services and assistance, as appropriate, of such organization as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce

4.27. CONFLICT OF INTEREST

This contract, and all subcontracts, are subject to the Pierce County Ethics Ordinance, sections 17.3.1 through 17.3.3. The Ethics Ordinance prohibits Pierce County officials and employees from attempting https://www.law.cornell.edu/topn/air_pollution_control_act https://www.law.cornell.edu/uscode/text/42 https://www.law.cornell.edu/uscode/text/42/7401 https://www.law.cornell.edu/uscode/text/42/7671q https://www.law.cornell.edu/topn/clean_water_act https://www.law.cornell.edu/uscode/text/33 https://www.law.cornell.edu/uscode/text/33/1251 https://www.law.cornell.edu/uscode/text/33/1387

19 | P a g e to realize personal financial gain through their service or employment with Pierce County. Officials and employees are likewise prohibited from having any financial or other private interest, direct or indirect, which is in conflict with the discharge of their duties or in conflict with the best interests of Pierce County.

4.28. DEBARMENT AND SUSPENSION REQUIREMENTS

A contract award will not be made to parties listed on the governmentwide exclusions in the System for

Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), “Debarment and Suspension.” The awardee will be required to provide their UEI and EIN for verification before the issuance of a contract.

4.29. COPELAND ANTI-KICKBACK ACT (18U.S.C. 874)

Contractor: The contractor shall comply with 18 U.S.C. § 874,40 U.S.C. § 3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract.

Subcontracts: The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses.

Breach: A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.

4.30. DAVIS BACON ACT (40 U.S.C. 3141-3148)

When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, ―Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The non-Federal entity must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination.

4.31. CONTRACT WORK HOURS AND SAFETY STANDARDS (40 U.S.C. 3701-3708)

(1) Overtime requirements - No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

https://www.law.cornell.edu/cfr/text/2 https://www.law.cornell.edu/cfr/text/3/part-1986 https://www.law.cornell.edu/cfr/text/3/part-1989

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(2) Violation; liability for unpaid wages; liquidated damages - In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefore shall be liable for unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.

(3) Withholding for unpaid wages and liquidated damages – The Owner shall, upon its own action or upon written request of an authorized representative of the Department of Labor, withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section.

(4) Subcontracts - Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.

4.32. EQUAL EMPLOYMENT OPPORTUNITY (EEO) CLAUSE

A. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and the employees are treated during employment without regard to their race, color, religion, sex or national origin. Such actions 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. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

B. The Contractor will, 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 or national origin.

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C. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement, or other contract or understanding, a notice to be provided advising the said labor union or workers' representative of the Contractor's commitments under this section and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

D. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations and relevant orders of the Secretary of Labor.

E. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

F. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by the rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless exempted by…