354-PW27-14 Sewer Easement Mowing Maintenance.pdf

v.04.15.24

REQUEST FOR PROPOSALS

RFP #354-PW27-14

Project Title: Sewer Easement Mowing Maintenance

Issue Date: September 28, 2026

Due Date: October 28, 2026 at 4:00 PM ET

Issuing Department: Public Works

Direct all inquiries concerning this RFP to:

Name – Taylor McDaniel

Title – Wastewater Collections System Operator

Email: Taylor.McDaniel@carync.gov

Table of Contents

1 REQUEST FOR PROPOSALS

1.1 Introduction

1.2 Purpose and Background

1.3 Notice to Vendors Regarding RFP Terms and Conditions

1.4 RFP Response Timeline

1.5 Proposal Questions

1.6 Proposal Submission Requirements and Contact Information

1.7 Rights to Submitted Material

2 PROPOSALS

2.1 Request for Proposal Document

2.2 Evaluation Criteria

2.3 Proposal Evaluation Process

2.4 Final Selection

2.5 Contract Term

2.6 Invoices

2.7 Notice to Proposers Regarding RFP Terms and Conditions

3 SCOPE OF SERVICES

4 COST PROPOSAL/EXECUTION OF PROPOSAL

5 REFERENCES

INSTRUCTIONS TO VENDORS

TOWN OF CARY PRINCIPAL CONTRACT

1 REQUEST FOR PROPOSALS

1.1 Introduction

The Town of Cary is soliciting proposals from qualified contractors to provide mowing and related vegetation management services for sanitary sewer easements throughout the Town of Cary’s service area. The selected contractor will be responsible for maintaining designated sewer easements in a manner that provides safe, reliable, and unobstructed access to the Town’s sanitary sewer infrastructure.

1.2 Purpose and Background

The Town of Cary owns and maintains approximately 1,000 miles of sanitary sewer lines throughout Cary’s service area. Approximately half of Cary’s sewer infrastructure is located within sewer easements.

Maintaining clear and reliable access to these sewer easements is essential to the Town’s ability to perform routine and preventative maintenance, inspections, cleaning, condition assessments, emergency repairs, and other activities necessary to properly operate and maintain the sanitary sewer collection system. Over time, vegetation growth, fallen trees, accumulated debris, erosion, encroachments, and other obstructions can limit access to sewer easements and interfere with the Town’s ability to safely and efficiently access its infrastructure.

The purpose of this solicitation is to establish a contract with a qualified contractor to provide routine maintenance of sewer easements, including mowing and vegetation management, to maintain adequate access to the Town’s sewer infrastructure. Maintaining these easements in an accessible condition will support the Town’s preventative maintenance program.

1.3 Notice to Vendors Regarding RFP Terms and Conditions

It shall be the Vendor’s responsibility to read the Instructions, the Town’s terms and conditions contained within the Town’s Principal Contract, all relevant exhibits and attachments, and any other components made a part of this RFP and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this RFP.

If Vendors have questions, issues, or exceptions regarding any term, condition, or other component within this RFP, those must be submitted as questions in accordance with the instructions in Section 1.6 Proposal Questions. If the Town determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an RFP addendum. The Town may also elect to leave open the possibility for later negotiation and amendment of specific provisions of the Principal Contract that have been addressed during the question submission period. Other than through this process, the Town rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s proposal. This applies to any language appearing in or attached to the document as part of the Vendor’s proposal that purports to vary any terms and conditions or Vendors’ instructions herein or to render the proposal non-binding or subject to further negotiation. Vendor’s proposal shall constitute a firm offer. By execution and delivery of this RFP Response, the Vendor agrees that Vendor is prepared to enter into a contract in the form of the Principal Contract should Town selects Vendor’s proposal and that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s proposal as nonresponsive.

If a Vendor desires modification of the terms and conditions of this solicitation, including any term or condition contained in the Principal Contract, it is urged and cautioned to inquire during the question period, in accordance with the instructions in this RFP, about whether specific language proposed as a modification is acceptable to or will be considered by the Town. Identification of objections or exceptions to the Town’s terms and conditions in the proposal itself shall not be allowed and shall be disregarded or the proposal rejected.

1.4 RFP Response Timeline

The RFP process shall adhere to the following schedule:

Note: All times shown as Eastern Time (ET).

It is the Proposer's responsibility to assure that all addenda have been reviewed and, if need be, signed and returned.

1.5 Proposal Questions

Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best proposal possible. To accommodate the Proposal Questions process, Vendors shall submit any such questions by the above due date. The Town will not entertain any further questions after the due date. Written questions shall be emailed to Taylor McDaniel at Taylor.McDaniel@carync.gov by the date and time specified above. Vendors should enter “RFP #354-PW27-14: Questions” as the subject for the email. Questions submittals should include a reference to the applicable RFP section and be submitted in a format shown below:

Reference Vendor Question

RFP Section, Page Number Vendor question …?

Questions received prior to the submission deadline date, the Town’s response, and any additional terms deemed necessary by the Town will be posted in the form of an addendum to the North Carolina Electronic Vendor Portal (eVP), https://evp.nc.gov/solicitations, and shall become an Addendum to this RFP. No information, instruction or advice provided orally or informally by any Town personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this RFP.

1.6 Proposal Submission Requirements and Contact Information

Submittal Requirements and Contact Information

RFP Process Date and time

RFP posted September 28, 2026 4:00PM EST

Proposers Written Questions Due October 14, 2026 4:00PM EST

Town Responses to Proposers questions October 21, 2026 4:00PM EST

Proposal Submission Deadline October 28, 2026 4:00PM EST

Anticipated Contract Award November 6, 2026 4:00PM EST

Anticipated Contract Effective Date November 30, 2026 https://evp.nc.gov/solicitations/

Electronic responses ONLY will be accepted through the eVP website. Interested parties must be logged in to submit proposals electronically. Registration information is available at NC Electronic Vendor Porta evp.nc.gov (eVP). Proposals must be clearly marked with name of the submitting company, the RFP number and RFP title. Proposers must submit one (1) electronic version, submitted as a viewable and printable Adobe Portable Document File (PDF), on or before the submittal due date and time provided in Section 1.3. Submissions that do not comply with the stated submission method will be deemed non-responsive. The Town reserves the right to reject any or all proposals for any reason and to waive any informality it deems in its best interest. Any requirements in the RFP that cannot be met must be indicated in the proposal. Proposers must respond to the entire Request for Proposals (RFP). An incomplete proposal may be eliminated from consideration at the discretion of Cary.

Proposals must follow the format as defined in Section 2 PROPOSALS.

1.7 Rights to Submitted Material

All proposals, responses, inquiries, or correspondence relating to or in reference to this RFP, and all reports, charts, and other documentation submitted by Proposers (other than materials submitted as and qualifying as trade secrets under North Carolina law) shall become the property of the Town when received and the entire proposal shall be subject to the public records laws of the State of North Carolina except where a proper trade secrets exception has been made by the Proposer in accordance with the procedures allowed by North Carolina law.

The Town reserves the right to retain all proposals submitted and to use any ideas in a proposal regardless of whether that proposal is selected. Submission of a proposal indicates acceptance by the Proposer of the conditions contained in this Request for Proposal.

2 PROPOSALS

Responses must follow the format outlined herein. The Town may reject as non-responsive at its sole discretion any proposal or any part thereof that is incomplete, inadequate in its response, or departs in any substantive way from the required format. Proposal responses shall be organized in the following manner:

1. Cover Letter/Letter of Intent Introduction letter with intent as it may pertain to the Request for Proposal.

2. Corporate Background and Experience

This section shall include background information on the organization and should give details of experience with similar projects. A list of five (5) references (including contact persons and telephone numbers) for which similar work has been performed shall be included, and the list shall include all similar contracts performed by the Proposer in the past five years. The evaluators will randomly select at least three of these references, but the evaluators reserve the right to contact all the references listed, if information from the three references contacted warrant further inquiry. The failure to list all similar contracts in the specified period may result in the rejection of the Proposer’s proposal. The evaluators may check all public sources to determine whether Proposer has listed all contracts for similar work within the designated period. If the evaluators determine that references for other public contracts for similar contracts were not listed, the evaluators may contact the public entities to make inquiry into Proposer’s performance of those contracts and the information obtained may be considered in evaluating Proposer’s proposal.

https://evp.nc.gov/

3. Financial Statement The Proposer shall provide the following financial information:

Recent audited or reviewed financial statements prepared by an independent certified public accountant (CPA) that shall include, at a minimum, a balance sheet, income statement (i.e., profit/loss statement) and cash flow statement and, if the audited or reviewed financial statements were prepared more than six (6) months prior to the issuance of this RFP, the Proposer shall submit its most recent internal financial statements (balance sheet, income statement and cash flow statement or budget with entries reflecting revenues and expenditures from the date of the audited or reviewed financial statements to the end of the most recent financial reporting period (i.e., the quarter or month preceding the issuance date of this RFP)).

OR,

Recent compiled financial statements prepared by an independent CPA that shall include, at a minimum, a balance sheet, income statement (i.e., profit/loss statement) and cash flow statement and, if the compiled financial statements were prepared more than three (3) months prior to the issuance of this RFP, the Proposer shall submit its most recent internal financial statements (balance sheet, income statement and cash flow statement or budget with entries reflecting revenues and expenditures to date), and other evidence of financial stability such as most recently filed income tax return, evidence of a line of credit/loans/other type of financing with statement of amount in use/outstanding balance (e.g., a complete copy commitment letter, loan agreement, billing statement reflecting the line of credit or statement from lender acknowledging the commitment to fund the Proposer’s stated financing), performance bond, personal guaranty with copies of personal income tax filing and statement of net worth or such other evidence that is accurate, reliable and trustworthy regarding the Proposer’s financial stability.

Recent shall be defined as financial statements that were prepared within the 12 months preceding the issuance date of this RFP.

Consolidated financial statements of the Proposer’s parent or related corporation/business entity shall not be considered, unless: (1) the Proposer’s actual financial performance for the designated period is separately identified in and/or attached to the consolidated statements,

(2) the parent or related corporation/business entity provides the Town with a document wherein the parent or related corporation/business entity will be financially responsible for the Proposer’s performance of the contract and the consolidated statement demonstrates the parent or related corporation’s/business entity’s financial ability to perform the contract, financial stability and/or such other financial considerations identified in the evaluation criteria;

and/or (3) Proposer provides its own internally prepared financial statements and such other evidence of its own financial stability identified above.

The Proposer’s failure to provide any of the above-referenced financial statements or failure to submit all the requested financial statements may result in the rejection of the Proposer’s proposal and rejection is more likely to occur if other Proposers provide financial documentation in compliance with the foregoing provisions. Proposers are also encouraged to explain any negative financial information in its financial statements and are encouraged to provide documentation supporting those explanations.

All financial information, statements and/or documents provided in response to this proposal requirement shall be kept confidential, IF THE PROPOSER COMPLIES WITH PARAGRAPH

13 OF THE GENERAL INFORMATION ON SUBMITTING PROPOSALS BY MARKING THE

FINANCIAL INFORMATION, STATEMENTS AND/OR DOCUMENTS CONFIDENTIAL.

4. Project Understanding, Approach and Schedule This section shall include, in narrative, outline, and/or graph form the Proposer's approach to accomplishing the tasks outlined in the Scope of Work section of this RFP. A description of each task and deliverable and the schedule for accomplishing each shall be included.

5. Team Organization, Experience and Certifications/Qualifications This section must include the proposed staffing, deployment and organization of personnel to be assigned to this project. The Proposer shall provide information as to the qualifications and experience of all executive, managerial, legal, and professional personnel to be assigned to this project, including resumes citing experience with similar projects and the responsibilities to be assigned to each person.

6. Cost Proposal (Page with Pricing) The Cost Proposal shall be submitted and contain:

• Flagging Easements: Hourly Rate

• Easement Cutting: Price per linear foot for areas with three (3) years or less growth

• Easement Clearing: Price per linear foot for areas with more than three (3) years of growth

• TOTAL COST: A total not to exceed cost representing the maximum amount for all work to be performed must be clearly indicated under this heading.

NOTE: A Request for Proposal Bid Sheet for Sewer Easement Mowing Maintenance is attached for reference.

2.1 Request for Proposal Document

The RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this RFP in advance of any Contract award are incorporated herein by reference.

2.2 Evaluation Criteria

This is not a bid. There will not be a public bid opening. Proposals will be evaluated based on the following criteria:

Criteria (a) Weight

(b) Score (0-3)

(a) x (b) Weighted Score

Cover letter / Letter of Intent 0

Team Organization, References & Past Experience 35

Contractors Personnel 20

Equipment & Resources Available for this Contract 25

Cost Proposal 20

Final Score 100

Score Points

0- Missing or Does Not Meet Expectation 2- Meets Expectation

1- Partially Meets Expectation 3- Exceeds Expectation

2.3 Proposal Evaluation Process

The Town shall review all Vendor responses to this RFP to confirm that they meet the specifications and requirements of the RFP.

The Town will conduct a One-Step evaluation of Proposals:

Proposals will be received from each responsive Vendor in a sealed envelope or package.

All proposals must be received by the issuing agency not later than the date and time specified on the cover sheet of this RFP.

At that date and time, the package containing the proposals from each responding firm will remain sealed and opened at time of review. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor’s pricing position.

At their option, the evaluators may request oral presentations or discussion with any or all Vendors for the purpose of clarification or to amplify the materials presented in any part of the proposal.

Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not. Therefore, all proposals should be complete and reflect the most favorable terms available from the Vendor.

Proposals will generally be evaluated according to completeness, content, and experience with similar projects, ability of the Vendor and its staff, and cost. Specific evaluation criteria are listed in 2.2 EVALUATION CRITERIA, above.

Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the Town reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the Town.

2.4 Final Selection

Proposals will be reviewed after opening and will be ranked in order of choice. A recommendation will then be presented to the Town Manager or their designee for approval to negotiate a contract with the #1 choice and, if unsuccessful, to then pursue negotiations with the #2 choice. All Proposers will be notified of their standing immediately following Town’s decision. Price quoted must be held firm for 90 days after the RFP is due. The Town reserves the right to make an award without further discussion of the proposal submitted. The Town shall not be bound or in any way obligated until both parties have executed a contract. The Town also reserves the right to delay the award of a contract or to not award a contract. The RFP may be awarded by individual task or total proposal, whichever is most advantageous to the Town of Cary.

The general conditions and specifications of the RFP and the selected proposal, as amended by agreement between the Town and the selected Proposer including e-mail or written correspondence relative to the RFP, may become part of the contract documents. Failure of the awarded Contractor to perform as represented may result in elimination of the Contractor from competition or in contract cancellation or termination.

2.5 Contract Term

The Contract shall have an initial term of three (3) years, beginning on the date of contract award (the “Effective Date”).

The Town shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for up to a total of two additional one-year terms. The Town will give the Vendor written notice of its intent whether to exercise each option by a duly authorized amendment.

2.6 Invoices

a) Invoices must be submitted to the Town of Cary Accounts Payable in email on the Contractor’s official letterhead stationery and must be identified by a unique invoice number.

All invoice backup reports and spreadsheets must be provided in electronic format.

b) Invoices must bear the purchase order number to ensure prompt payment. The Vendor’s failure to include the correct purchase order number may cause delay in payment.

c) Invoices must include an accurate description of the work for which the invoice is being submitted, the invoice date, the period of time covered, the amount of fees due to the Vendor.

2.7 Notice to Proposers Regarding RFP Terms and Conditions

It shall be the Proposer’s responsibility to read the Instructions, the Town’s terms and conditions, all relevant exhibits and attachments, and any other components made a part of this RFP, and comply with all requirements and specifications herein. Proposers also are responsible for obtaining and complying with all addenda and other changes that may be issued in connection with this RFP.

3 SCOPE OF SERVICES

3.1 Scope of Services

The Town of Cary (Town) is seeking a qualified Contractor to provide sanitary sewer easement mowing, flagging, cutting, clearing, and related vegetation maintenance services throughout the

Town's service area. The primary purpose of these services is to maintain sanitary sewer easements in a condition that provides Town personnel and authorized contractors with safe, reliable, and unobstructed access to sanitary sewer infrastructure for preventative maintenance, inspection, cleaning, repair, rehabilitation, and emergency response activities.

The Town maintains approximately 1,000 miles of sanitary sewer infrastructure, with approximately half of the system located within sanitary sewer easements. These easements may be located on residential, commercial, undeveloped, wooded, or other properties and may vary considerably in size, terrain, vegetation, and accessibility.

3.2 Easement Identification and Flagging

The Contractor shall identify and flag designated sanitary sewer easements and/or work areas prior to performing mowing, cutting, or clearing activities, as directed by the Town. Flagging shall clearly identify the approximate limits of the sanitary sewer easement or authorized work area and shall assist the Contractor in remaining within the designated limits while performing the work.

The Contractor shall provide and install appropriate, visible flagging materials necessary to identify easement limits and work areas. Flagging shall be maintained in a visible condition during the performance of the work and replaced as necessary when damaged, removed, or no longer visible.

The Contractor shall furnish all labor, supervision, equipment, tools, materials, transportation, and other resources necessary to complete the services described in this RFP.

3.3 Mowing and Vegetation Maintenance

The Contractor shall mow designated sanitary sewer easements in accordance with the schedule established by the Town. Mowing shall be performed in a manner that maintains adequate access to sanitary sewer infrastructure while minimizing damage to existing property, landscaping, trees, fences, utilities, drainage features, and other improvements.

Mowing services may include, but are not limited to:

• Mowing grass and other low-growing vegetation.

• Trimming vegetation around manholes, cleanouts, sewer appurtenances, fences, trees, utility poles, structures, and other obstructions.

• Removing brush, vines, weeds, and other vegetation that restricts access.

• Maintaining clear access to sanitary sewer manholes and other sewer infrastructure.

• Cutting vegetation that has become overgrown within designated easements.

• Removal of fallen limbs, small trees, and other vegetation that obstructs access, when authorized by the Town.

• Performing additional vegetation maintenance as directed by the Town.

3.4 Clearing and Obstruction Removal

Certain easements may require work beyond routine mowing due to excessive vegetation, brush, fallen trees, debris, or other obstructions. The Contractor shall perform cutting and clearing activities as directed by the Town.

The Contractor shall notify the Town of conditions that require work beyond the Contractor's authorized scope, including large trees, significant erosion, structures, fences, debris, or other conditions that may prevent safe access to the sewer infrastructure.

The Contractor shall not remove large trees or perform substantial clearing activities unless specifically authorized by the Town.

3.5 Access to Sewer Infrastructure

Easements shall be maintained in a condition that allows Town personnel and authorized contractors to safely access sewer infrastructure for routine and preventative maintenance activities.

The Contractor shall provide particular attention to maintaining access around:

• Sanitary sewer manholes.

• Sewer cleanouts and service connections.

• Force main appurtenances.

• Air release and vacuum valves.

• Other sanitary sewer structures and appurtenances.

• Access routes used by Town maintenance vehicles and equipment.

The Contractor shall notify the Town when existing vegetation, trees, erosion, fencing, landscaping, structures, or other conditions prevent or limit access to sewer infrastructure.

3.6 Private Property and Property Protection

Many sanitary sewer easements are located on private property. The Contractor shall perform all work in a manner that minimizes disturbance to adjacent property and shall remain within the limits authorized by the Town.

The Contractor shall:

• Exercise reasonable care to protect private property.

• Avoid unnecessary damage to landscaping, trees, fences, gates, irrigation systems, driveways, structures, and other improvements.

• Close and secure gates after entering or leaving a property.

• Promptly report any property damage to the Town.

• Remove or properly dispose of vegetation and debris generated by the Contractor's work.

• Maintain professional conduct when working on or adjacent to private property.

3.7 Work Scheduling

The Town will establish and/or approve the areas to be serviced and the anticipated mowing schedule. The Contractor shall coordinate its work schedule with the Town's designated contract administrator or representative.

The Contractor shall provide the Town with a proposed work schedule identifying the easements or geographic areas scheduled for service. The Contractor shall promptly notify the Town of any anticipated delays or conditions that may prevent completion of scheduled work.

The Town may modify the mowing schedule, add or remove easements, or request additional services based on operational needs, weather conditions, vegetation growth, maintenance activities, emergency conditions, or other circumstances.

3.8 Preventative and Emergency Access

Easement maintenance is an important component of the Town's sanitary sewer preventative maintenance program. Maintaining clear easements allows Town personnel and contractors to conduct sewer cleaning, CCTV inspections, condition assessments, repairs, rehabilitation, and other maintenance activities.

The Contractor may be required to perform priority or emergency mowing and clearing when vegetation or other obstructions interfere with the Town's response to a sanitary sewer overflow, sewer blockage, infrastructure failure, emergency repair, or other operational need.

Priority work shall be performed within the response time established by the Town and

Contractor in the resulting agreement.

3.9 Environmental and Regulatory Requirements

The Contractor shall comply with all applicable federal, state, and local laws, regulations, ordinances, permits, and Town requirements associated with the performance of the work.

The Contractor shall take appropriate measures to prevent impacts to streams, wetlands, drainageways, stormwater facilities, environmentally sensitive areas, and adjacent properties.

Vegetation, brush, and other materials generated through the Contractor's work shall be properly handled, transported, and disposed of in accordance with applicable requirements. The

Contractor shall not place or dispose of vegetation, debris, or other materials within streams, drainageways, stormwater infrastructure, or other areas where such materials could cause an obstruction or environmental impact.

The Contractor shall be responsible for obtaining any permits or approvals specifically required for its operations unless otherwise stated by the Town.

3.10 Safety Requirements

The Contractor shall perform all work in a safe manner and shall be responsible for the safety of its employees, subcontractors, Town personnel, property owners, and the public in areas where work is being performed.

The Contractor shall provide and maintain appropriate personal protective equipment, safety equipment, traffic control, warning devices, and other measures necessary for the safe performance of the work.

The Contractor shall comply with applicable OSHA requirements and all applicable Town safety requirements.

3.11 Town Coordination and Communication

The Town will designate a contract administrator or other authorized representative to coordinate services with the Contractor.

The Town may provide the Contractor with easement maps, work lists, GIS information, sewer infrastructure locations, and other information available to assist in completing the work. The

Contractor shall verify field conditions and shall notify the Town of discrepancies or conditions that may affect the work.

The Contractor shall coordinate with Town personnel when work conflicts with scheduled sewer maintenance, construction, inspection, rehabilitation, or emergency response activities.

3.12 Deliverables and Documentation

The Contractor shall maintain accurate records of work performed and shall provide documentation to the Town as requested. Documentation may include:

• Easements or locations serviced.

• Date work was performed.

• Type of service performed.

• Easements that could not be accessed or completed and the reason.

• Photographs of significant obstructions, deficiencies, or site conditions when requested.

• Documentation of property damage or resident complaints.

• Emergency or priority work performed.

• Other information reasonably requested by the Town.

Invoices shall contain sufficient detail for the Town to verify the services performed and the locations serviced.

3.13 Quality Control and Corrective Work

The Town may inspect completed work to verify compliance with the requirements of this RFP and the resulting contract.

If the Town determines that work does not meet the required specifications or performance standards, the Contractor shall correct the deficiency at no additional cost to the Town within the timeframe established by the Town.

Repeated deficiencies, missed service locations, inadequate mowing, failure to maintain access, property damage, or failure to comply with the requirements of the contract may be considered in evaluating the Contractor's performance.

3.14 Contract Term

The anticipated initial contract term shall be three (3) years beginning approximately November

30, 2026, and ending November 30, 2029.

The Town may renew the agreement for up to 2 additional one-year renewal terms, subject to satisfactory Contractor performance, mutual agreement, and the availability of funds. Any renewal shall be executed in accordance with the terms and conditions established by the Town.

3.15 General Performance Standard

At all times during the contract, the Contractor shall maintain designated sanitary sewer easements in a condition that provides safe, reliable, and reasonably unobstructed access to the

Town's sanitary sewer infrastructure. The Contractor shall perform the services in a professional and workmanlike manner and shall promptly address deficiencies identified by the Town.

REQUEST FOR PROPOSALS - BID SHEET

To Perform Sewer Easement Mowing Maintenance

DESCRIPTION AMOUNT

Flagging Easements Hourly $

Easement Cutting (3 years or less growth) LF $

Easement Clearing (3 years or more growth) LF $

In compliance with the above request for pricing, the undersigned offers and agrees, if this proposal is accepted within 45 days from receipt, to furnish any or all of the services at the prices quoted.

Prices will remain firm for One (1) year Bidder’s

Name:

Title:

Signature: Date:

Print:

4 COST PROPOSAL/EXECUTION OF PROPOSAL

By submitting this proposal, the potential contractor certifies the following:

• This proposal is signed by an authorized representative of the firm.

• The cost and availability of all equipment, materials, and supplies associated with performing the services described herein have been determined and included in the proposed cost.

• All labor costs, direct and indirect, have been determined and included in the proposed cost.

• The potential contractor has read and understands the conditions set forth in this RFP to include TOC general conditions/service terms, any addenda, and all attached exhibits and agrees to them with no exceptions.

By:

(Signature)

Name:

(Printed)

Title:

Date

5 REFERENCES

Offeror must supply (3) three Governmental Agency or Private Company references for which sewer easement mowing and maintenance services have been performed during the past (5) five years. Offerors are cautioned to provide accurate reference information. References will be checked during evaluation period.

OFFEROR: _________________________________________________________________

CITY, STATE, ZIP: __________________________________________________________

Reference # 1

Agency or Firm Name: ________________________________________________________

Business Address

City: ______________________________ State: ________ Zip Code: _____________

Phone Number: (____) ______________________ Fax Number: (____) ________________

Email Address: ______________________________________________________________

Reference # 2

Agency or Firm Name: ________________________________________________________

Business Address

City: ______________________________ State: ________ Zip Code: _____________

Reference # 3

Agency or Firm Name: ________________________________________________________

Business Address ____________________________________________________________

City: ______________________________ State: ________ Zip Code: _____________

INSTRUCTIONS TO VENDORS

1. READ, REVIEW AND COMPLY: It shall be the Vendor’s responsibility to read this entire document, review all enclosures and attachments, and any addenda thereto, and comply with all requirements specified herein, regardless of whether appearing in these Instructions to Vendors or elsewhere in this RFP document.

2. ACCEPTANCE AND REJECTION: The Town reserves the right to reject any and all proposals, to waive any informality in proposals and, unless otherwise specified by the Vendor, to accept any item in the proposal. If either a unit price or an extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded.

3. BASIS FOR REJECTION: The Town reserves the right to reject any and all offers, in whole or in part, by deeming the offer unsatisfactory as to quality or quantity, delivery, price or service offered, non-compliance with the requirements or intent of this solicitation, lack of competitiveness, error(s) in specifications or indications that revision would be advantageous to the Town, cancellation or other changes in the intended project or any other determination that the proposed requirement is no longer needed, limitation or lack of available funds, circumstances that prevent determination of the best offer, or any other determination that rejection would be in the best interest of the Town.

4. EXECUTION: Failure to sign EXECUTION PAGE in the indicated space will render proposal non-responsive, and it shall be rejected.

5. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this solicitation or those in any resulting contract, the order of precedence shall be (high to low): (1) The Principal Contract Terms, (2) RFP Terms, (3) Instructions in INSTRUCTIONS TO VENDORS, and (4) Vendor’s Proposal.

6. INFORMATION AND DESCRIPTIVE LITERATURE: Vendor shall furnish all information requested and, in the spaces, provided in this document. Further, if required elsewhere in this proposal, each Vendor must submit with their proposal sketches, descriptive literature and/or complete specifications covering the products offered. Reference to literature submitted with a previous proposal or available elsewhere will not satisfy this provision. Proposals that do not comply with these requirements shall be subject to rejection without further consideration.

7. CONFIDENTIAL INFORMATION: To the extent permitted by applicable statutes and rules, the Town will maintain confidential trade secrets that the Vendor does not wish disclosed. As a condition to confidential treatment, each page containing trade secret information shall be identified in boldface at the top and bottom as “CONFIDENTIAL” by the Vendor, with specific trade secret information enclosed in boxes or similar indication. Cost information shall not be deemed confidential under any circumstances. Regardless of what a Vendor may label as a trade secret, the determination whether it is or is not entitled to protection will be determined in accordance with G.S. 132-1.2. Any material labeled as confidential constitutes a representation by the Vendor that it has made a reasonable effort in good faith to determine that such material is, in fact, a trade secret under G.S. 132-1.2. Vendors are urged and cautioned to limit the marking of information as a trade secret or as confidential so far as is possible.

8. COMMUNICATIONS BY VENDORS: In submitting its proposal, the Vendor agrees not to discuss or otherwise reveal the contents of its proposal to any source, government or private, outside of the using or issuing agency until after the award of the Contract or cancellation of this RFP. All Vendors are forbidden from having any communications with the using or issuing agency, or any other representative therein, concerning the solicitation, during the evaluation of the proposals (i.e., after the public opening of the proposals and before the award of the Contract), unless the Town directly contacts the Vendor(s) for purposes of seeking clarification or another reason permitted by the solicitation. A Vendor shall not: (a) transmit to the issuing and/or using agency any information commenting on the ability or qualifications of any other Vendor to provide the advertised good, equipment, commodity; (b) identify defects, errors and/or omissions in any other Vendor’s proposal and/or prices at any time during the procurement process; and/or (c) engage in or attempt any other communication or conduct that could influence the evaluation and/or award of the Contract that is the subject of this RFP.

Vendors not in compliance with this provision may be disqualified, at the option of the Town, from the Contract award. Only those communications with the using agency or issuing agency authorized by this RFP are permitted.

9. WITHDRAWAL OF PROPOSAL: A Proposal may be withdrawn only in writing and actually received by the office issuing the RFP prior to the time for the opening of Proposals identified on the cover page of this RFP (or such later date included in an Addendum to the RFP). A withdrawal request must be on Vendor’s letterhead and signed by an official of the Vendor authorized to make such request. Any withdrawal request made after the opening of Proposals shall be allowed only for good cause shown and in the sole discretion of the Town.

10. INFORMAL COMMENTS: The Town shall not be bound by informal explanations, instructions or information given at any time by anyone on behalf of the Town during the competitive process or after award. The Town is bound only by information provided in this RFP and in formal Addenda issued through the eVP website.

11. COST FOR PROPOSAL PREPARATION: Any costs incurred by Vendor in preparing or submitting offers are the Vendor’s sole responsibility; the Town will not reimburse any Vendor for any costs incurred prior to award.

12. VENDOR’S REPRESENTATIVE: Each Vendor shall submit with its proposal the name, address, and telephone number of the person(s) with authority to bind the firm and answer questions or provide clarification concerning the firm's proposal.

13. SUBCONTRACTING: Unless expressly prohibited, a Vendor may propose to subcontract portions of the work to identified subcontractor(s), provided that its proposal clearly describe what work it plans to subcontract and that Vendor includes in its proposal all information regarding employees, business experience, and other information for each proposed subcontractor that is required to be provided for Vendor itself.

14. INSPECTION AT VENDOR’S SITE: The Town reserves the right to inspect, at a reasonable time, the equipment/item, plant, or other facilities of a prospective Vendor prior to Contract award, and during the Contract term as necessary, for the Town determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the Contract.

TOWN OF CARY PRINCIPAL CONTRACT

Any Vendor whose proposal is selected by Town shall be expected to enter into the following Principal Contract with Town. As stated in section 1.3 of this RFP, any Vendor who submits a response to this RFP certifies by making said submittal that it has reviewed this Principal Contract and are, at the time of submittal, are prepared to enter into this Principal Contract should its proposal be selected. Also as stated in section 1.3, Vendors should use the question procedure described in section 1.6 to address any questions Vendor has about the Principal Contract prior to making its submittal. Notwithstanding anything to the contrary contained in Contractor’s Proposal, the terms and conditions of the Principal Contract and the RFP, if any, apply and take precedence and control over inconsistent, ambiguous or contrary terms and conditions in Proposal. However, if Proposal imposes a more stringent standard or obligation on Contractor then the more stringent standard or obligation shall apply.

Principal Contract Terms

These Principal Contract Terms (the “Contract” or “PCT”) are entered into as of the “Effective Date” by and between the Contractor identified below (“Contractor”) and the Town of Cary, a North Carolina municipal corporation (“Cary”). Contractor and Cary are referred to individually as a “Party” and collectively as the “Parties.”

SIGNATURES

Contractor and Cary hereby agree to be bound by the following contractual terms contained within these PCT and its Attachments:

Contractor:

By:

Signature

Printed Name

Title

Town of Cary:

By:

Signature

Printed Name

Title

This instrument has been preaudited in the manner required by Local Government Budget and Fiscal Control Act.

Deputy Finance Officer Date

TERMS

1. Parties

Contractor Legal Name: _______________________________________ Mailing Address: _______________________________________ Primary Contact: _______________________________________ Email: ______________________________________ Phone: ______________________________________

Cary Primary Contact: ______________________________ Mailing Address: P.O. Box 8005 Cary, NC 27512-8005 Email: ______________________________ Phone: ______________________________

2. Type of Services:

☐ Professional or Consulting Services

☐ On-call Professional or Consulting Services

☐ Goods or Purchase Order

☐ Technology Agreement (Software, hardware, technology support services)

☐ Temporary Personnel

☐ PRCR Instructor/Entertainer Agreement

☐ Other: _____________________

3. Term of Contract (also see Paragraph 9):

Effective Date: ☐ Actual date: _______________

☐ Date of last signature execution

Length of Term: ____________[months/years]

Renewal Term, if applicable:

☐ None

☐ 1 year renewal extension at Cary’s option

☐ 2 year renewal extension at Cary’s option

☐ 3 year renewal extension at Cary’s option

☐ Other ____________________

4. Total Contract Amount: $_______________

5. Contract Amount to be expended during current fiscal year: $ _______________

6. Payment Terms/Schedule (also see Paragraph 12):

☐ No more often than Monthly, 30 days after invoice

☐ Lump sum paid at __________________ (event or milestone)

☐ As set forth in SOW

7. Attachments to this Principal Contract Terms Sheet

☐ Attachment A: SOW (General)

☐ Attachment B: Insurance Provisions (minimum insurance requirements)

☐ Attachment C: Public Records Indemnification

☐ Attachment D: Information Technology Services Terms and Conditions (IF APPLICABLE)

☐ Attachment E: Reimbursable Expenses (IF APPLICABLE)

8. Scope. Contractor shall perform or provide the services, goods, or other bargained-for benefits (“Services”) as described in the PCT, the attached Scope of Work (“SOW”), any additional or amended SOWs executed by the Parties pursuant to the PCT, and/or any duly-executed written amendment (“Amendment”) to the PCT. Cary has no obligation to execute any SOW, Amendment, or additional agreement with Contractor.

9. Term; Termination; Suspension.

a. The term of the PCT shall begin as of the Effective Date, and, unless sooner terminated in accordance with the provisions in this PCT, shall end following the Length of Term indicated herein (the “Initial Term”). At Cary’s option, the PCT may be extended as indicated in paragraph 2 (the “Renewal Term”, and, together with the Initial Term, “Term”) by written notice.

b. Cary may order Contractor in writing to suspend, delay, or interrupt all or any part of the Services for the convenience of Cary. In the event Contractor believes that any suspension, delay, or interruption of the Services ordered by Cary may require an extension of the Term or an increase in the level of staffing by Contractor, it shall so notify Cary and propose an amendment to this Contract, which shall be effective only upon the written approval of Cary. A suspension, delay, or interruption of the Services requested by Cary shall not terminate the PCT.

c. The PCT or any individual SOW may be terminated by Cary and for its convenience upon ten (10) days’ written notice to Contractor.

d. After thirty (30) days’ written notice to the other party of its material breach of the PCT or any individual SOW, the PCT or any individual SOW may be terminated by the noticing Party, provided that the other party has not taken all reasonable actions to remedy the breach.

e. Upon termination of the PCT or any individual SOW for any reason, Contractor shall be paid that portion of its fees and expenses that it has earned for Services satisfactorily completed to the date of termination under the PCT or applicable SOW, as appropriate, less any costs or expenses incurred or anticipated to be incurred by Cary due to breach or errors, omissions, or mistakes of Contractor.

f. In the event of termination for the convenience of Cary or by reason of a material breach by Cary of the PCT or any individual SOW, Contractor shall be paid that portion of the total compensation for the PCT or individual SOW, as appropriate, that it has earned to the date of termination, plus an amount equal to (i) five percent (5%) of total compensation earned to date of termination; or (ii) Contractor’s unearned total compensation, whichever is less; less any costs or expenses incurred or anticipated to be incurred by Cary due to breach or errors, omissions, or mistakes of Contractor.

The Parties intend that these liquidated damages constitute compensation, and not a penalty. Contractor expressly agrees that harm caused by Cary under this Section 9(f) would be impossible or very difficult to accurately estimate, and that the liquidated damages are a reasonable estimate of the anticipated or actual harm that might arise.

Contractor further expressly agrees that said compensation is fair and appropriate as liquidated damages for any and all costs and damages it might incur as a result of such termination. Payment of damages under this Section 9(f) is Cary’s sole liability and entire obligation and Contractor’s exclusive remedy for any Cary breach.

g. Termination of any individual SOW shall not result in termination of the PCT or any other pending or ongoing SOW, unless expressly set forth in the notice of termination associated with such terminated SOW. Notwithstanding the Length of Term that may be indicated herein, the PCT shall remain in effect until the completion of the last SOW then in effect under the PCT.

h. Upon expiration or termination of the PCT for any reason, Contractor shall promptly comply with any and all terms for the dissolution of the PCT that may be contained in any applicable SOW and the following general terms:

i. Deliver to Cary all documents, work product, and other materials, whether or not complete, prepared by or on behalf of Contractor in the course of performing the Services and expend such additional effort as may be necessary to provide to Cary professionally certified and sealed reports and such other information and materials as may have been accumulated by Contractor in the performance of the PCT, whether completed or in process.

ii. Return to Cary all Cary-owned property, equipment, or materials in its possession or control, including, but not limited to, all documents and tangible materials (and any copies) containing, reflecting, incorporating, or based on Cary’s Confidential Information as defined in Paragraph ____ of the PCT, or, upon Cary’s written request, permanently delete all of Cary’s Confidential Information from its computer systems.

iii. Remove any Contractor-owned property, equipment, or materials located on Cary property.

iv. Provide reasonable cooperation and assistance to Cary upon Cary’s written request in transitioning to an alternate provider, if applicable.

v. On a pro rata basis,…