ADDENDUM III - RFP #27-1-CTY Disaster Debris Collections Services.pdf

RFP #27-1-CTY Disaster Debris Collection Services Page 1 Addendum III

RFP #27-1-CTY DISASTER DEBRIS COLLECTION SERVICES

1. Modification to Schedules

2. Addition of Attachment

3. Questions/Answers

(County responses and changes are in red)

1. Modification to Schedules

Attached are updated Schedule 1 and Schedule 2. Excel versions of both Schedule 1 and Schedule 2 will also be included.

2. Addition of Attachment

A copy of the sample Notice To Proceed has been added as an attachment to this Addendum.

3. Questions/Answers

1. Has the current contract gone full term?

The current contract expires October 30, 2026.

2. Have all options to extend the current contract been exercised?

Yes.

3. Who is the incumbent, and how long has the incumbent been providing the requested services?

DRC was awarded as the primary and Ashbritt was awarded as the secondary. DRC’s current contract began on November 1, 2022 and will end on October 30, 2026. Ashbritt’s current contract began on November 1, 2022, but they chose to cancel their contract October 30, 2024.

No services have been rendered under the current contracts because we have not had any hurricanes that required activation.

4. To what extent will the location of the bidder’s proposed location or headquarters have a bearing on any award?

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None.

5. What is the maximum number of hours post-event before work must commence?

The Emergency Management Director or his/her designee will notify the CONTRACTOR to place them on alert status to be prepared to move into the Cumberland County area within 24 hours after receipt of a Notice to Proceed from the COUNTY.

6. What is the total mileage of roads within the scope of the service area?

Cumberland County roadway system consists of approximately 1,202.3 route miles and 2,935.4 lane miles. These figures are provided for informational and planning purposes only and do not represent a guaranteed quantity of roadway requiring debris collection following an event.

7. Are any specific professional credentials required to qualify for the contract?

No specific professional credential is required solely to qualify for this contract. However, if activities related to performance of the Agreement require specific licenses, certifications, or other credentials under applicable federal, state, or local law or regulation, the Provider shall ensure that it and/or its employees, agents, and subcontractors performing such activities possess all required licenses, certifications, or credentials and that they remain current, active, and in good standing throughout performance of the applicable work.

8. Will the resulting contract include a guaranteed minimum payment to the vendor?

No.

9. Are there any superseding prior agreements that may impact this contract?

The County does maintain a contract with a monitoring firm. However, there are no additional agreements that would impact this contract.

10. When/what was the most recent event that precipitated the activation of the existing or previous contract?

Hurricane Florence in 2018.

11. Approximately how many cubic yards of debris were collected from the most recent event?

Approximately 725 tons of C&D debris collected and approximately 2,074 tons of vegetative debris collected.

12. What estimated or actual dollars were paid to the incumbent(s) after the most recent event?

$70,507.62.

13. How many times have the incumbent’s services been utilized in the previous five years?

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0.

14. What estimated or actual dollars were paid to the incumbent(s) in the previous five years?

$0.

15. Please reconfirm the due date for this procurement by providing it in response to answers to questions.

Proposals are due Monday, September 21, 2026 at 2:00 PM EST.

16. If there was a previous solicitation for these services, what was its title, number, release date, and due date?

RFP #23-7-ES Disaster Debris Collection Services released on July 11, 2022 with an original due date of August 1, 2022 at 12:00 PM, which was revised through an addendum to August 19, 2022 at 12:00 PM.

17. Why has this bid been released at this time?

The current contract is expiring.

18. When is the anticipated contract start date?

November 1, 2026.

19. When is the anticipated award date?

October 19, 2026.

20. Can you please provide greater explanation of your expectations related to any required subcontracting to minority-owned, women-owned, or other types of categories of small or disadvantaged businesses? For example, what is required with the proposal, and what is required to comply during the term of the contract?

Nothing is required with the proposal related to subcontracting. During the term of the contract, the contractor will need to provide a list of subcontractors prior to beginning work. Contractor shall perform at least 50% of work. All subcontractors must be approved by the County and must conform to and comply with the same terms, standards and specifications applicable to the contracting firm.

21. What are the required types of insurance that bidders must have?

During the term of the Contract, the Vendor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Contract. As a minimum, the Vendor shall provide and maintain the following coverage and limits (Vendors may propose alternative insurance requirements.

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Acceptance of any insurance requirement changes will be at the discretion of the County and must be pre-authorized by the County’s Risk Management Coordinator):

Professional Liability Insurance: Contractor shall maintain in force for the duration of this contract professional liability or errors and omissions liability insurance appropriate to the contractor’s profession. Coverage as required in this paragraph shall apply to liability for a professional error, act, or omission arising out of the scope of the contractor’s services as defined in this contract. Coverage shall be written subject to limits of not less than $1,000,000 per loss.

Commercial General Liability: Contractor shall maintain Commercial General Liability and if necessary Commercial Umbrella Liability insurance with a total limit of not less than $1,000,000 each occurrence for bodily injury and property damage. If such CGL insurance contains a general aggregate limit, it shall apply separately to this project/location or the general aggregate shall be twice the required limit.

County of Cumberland, its officers, officials, agents, and employees are to be covered as additional insureds under the CGL by endorsement providing equivalent coverage as respects to liability arising out of activities performed by or on behalf of the contractor; products and completed operations of the contractor, premises owned, leased or used by the contractor;

and under the commercial umbrella, if any. The coverage shall contain no special limitations on the scope of protection afforded to Cumberland County, its officers, officials, agents and employees.

Workers’ Compensation and Employer’s Liability: Contractor shall maintain Workers’

Compensation as required by the general statutes of the State of North Carolina and

Employer’s Liability Insurance. The Employer’s Liability shall not be less than $1,000,000 each accident for bodily injury by accident, $1,000,000 each employee for bodily injury by disease and $1,000,000 policy limit.

Business Auto Liability: Contractor shall maintain Business Auto Liability and if necessary, Commercial Umbrella Liability insurance with a limit of not less than $1,000,000 each accident.

Errors and Omissions (E&O): Contractor shall maintain Errors and Omissions insurance with a limit of not less than $2,000,000.

Cyber Security: Contractor shall maintain Cyber Security insurance with a limit of not less than

$1,000,000.

The Contractor shall furnish Cumberland County with a certificate of insurance, executed by a duly authorized representative of each insurer showing compliance with the insurance requirements prior to commencing the work and upon renewal or replacement of each certified coverage throughout the term of this contract. Evidence of additional insured status shall be noted on the certificate of insurance.

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22. Are bidders permitted to deviate in any way from any manner of quoting fees you may be expecting? For example, if there is a pricing page in the RFP, can bidders submit an alternate fee structure? If there is no pricing page in the RFP, do you have any preference for how bidders should quote fees or can bidders create their own pricing categories?

No, bidders must use the price schedules included in the RFP.

23. Please describe your level of satisfaction with your current or recent vendor(s) for the same purchasing activity, if applicable.

N/A, current vendors were not activated during contract duration.

24. The Unit Rate Price Schedule (Schedule 1) lists unit-price line items with an estimated quantity of (1). Please explain how the Unit Rate Price will be evaluated – whether unit prices will be summed, and whether estimated quantities will be applied to produce an extended total?

Pricing will be evaluated on a line-item basis. Unit prices listed in Schedule 1 will not be summed up to create a single evaluated total, and the estimated quantity of one (1) will not be used to calculate an extended total for evaluation purposes. Each required line item will be reviewed for price reasonableness and evaluated in comparison with the corresponding line-item pricing submitted by other responsive Respondents.

25. If estimated quantities will be used, will they be the quantities provided in the RFP under “Attachment C: Cost Proposal” based on the U.S. Army Corps of Engineers planning formula using a Category 2 Hurricane including a wet pre-storm? If not, please provide the formula or quantities to be used.

No. The estimated debris quantities provided in Attachment C based on the U.S. Army Corps of Engineers planning formula are provided for planning purposes and will not be applied to individual Price Schedule line items to calculate an extended price for proposal evaluation.

Pricing will be evaluated on a line-item basis. Actual quantities of work will be event-dependent, and the County does not guarantee any minimum quantity of work under the resulting Agreement.

26. Please provide the names and titles of the evaluation committee members.

The evaluator panel is made up of knowledgeable employees regarding this matter.

27. Please confirm if a bid bond is required with the proposal. If so, what is the amount of the bid bond required?

No, a bid bond is not required. Performance and Payment bonds are required when the Debris Manager issues a Notice to Proceed. Please reference Section 5.33 Performance Requirements.

28. Please confirm Tipping Fees will be treated as a pass through whereby Contractor pays disposal fees and invoices the County at charge with no markup and are not to be included in our proposed rates.

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Please reference Section 4.1, C, #11. Tipping fees should not be included in your bid. Actual costs will be invoiced separately.

29. The scope of work dictates that the debris resulting from the removal of hazardous trees and hanging limbs will have a unit rate per tree which includes hauling the resulting debris to DMS or final disposal site. This would require collection trucks to follow the tree removal crews and

ONLY pick up debris from their work, thereby skipping piles of debris and leaving it on the street to be picked up by another collection truck. If there is a major event, collection trucks will be more efficiently used if they could travel the ROW and pick up ALL debris rather than skipping piles and only following the tree crew. This also means that all resulting debris will have to be staged separately at the DMS to ensure no comingling of debris is allowed. There will be a need for additional equipment to manage the site segregated for hazardous tree work or there will be lost time in moving equipment between the two areas. Limited Debris Management Sites, their sizes and locations often make this scenario extremely difficult. The typical method is to price hazardous trees and hanging limbs as a “cut only” rate and to place the resulting debris in the

ROW for collection as vegetative debris. This method frees up collection trucks and expedites the collection process. Will the County consider changing the scope to allow for the debris from removing hazardous leaning trees and hanging limbs to be placed in the ROW and to be collected and paid for as regular vegetative debris?

Yes. The County will consider allowing debris generated from the removal of eligible hazardous leaning trees and dangerous hanging limbs to be placed within the ROW for subsequent collection and hauling as vegetative debris, provided such work is performed, documented, and invoiced in accordance with applicable FEMA Public Assistance reimbursement eligibility requirements and County direction at the time of the event.

30. Does Line Item 4.1 O “Removal of Absestos” include demolition of structure or does this line item only include the loading and hauling of asbestos-containing material to the final disposal site?

Please reference Section 4.1 O. This shall consist of all labor, equipment, fuel and miscellaneous costs associated with removal, transportation, and disposal of asbestos.

31. When evaluating the proposals, in terms of price, how will Schedule 2 “Hourly Equipment and Labor Price Schedule” rates be evaluated against Schedule 1 “Unit Rate Price Schedule”? Do they hold any weight in the total assigned percentage points towards the pricing schedule? If so, how much weight do they hold? Will you add up all items on Schedule 2 to form a grand total and use that number to compare?

The Cost Proposal represents twenty (20) points of the total proposal evaluation.

For purposes of evaluating the Cost Proposal, Schedule 1 – Unit Rate Price Schedule and Schedule 2 – Hourly Equipment and Labor Price Schedule will be weighed equally:

Schedule 1 – Unit Rate Price Schedule: 50% of Cost Proposal evaluation (maximum 10 points)

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Schedule 2 – Hourly Equipment and Labor Price Schedule: 50% of Cost Proposal evaluation (maximum 10 points)

Pricing will be evaluated on a line-item basis. The County will not add all prices within Schedule 1 or Schedule 2 together to create a grand total for comparison.

Each required line item will be reviewed for price reasonableness and evaluated against the corresponding line-item pricing submitted by other responsive Respondents.

32. When was the last time the County had a contract activation for Debris Removal? How many CYs were removed?

Hurricane Florence in 2018. Approximately 725 tons of C&D debris collected and approximately 2,074 tons of vegetative debris collected.

33. Will annual contract price increases based on Consumer Price Index (CPI) be allowed for renewal periods?

No.

34. Can the County please provide a call in #, zoom/Webex link or similar for the responding bidders to be present at the public bid opening?

The public bid opening is in person. We can provide a basic bid tab after the bid opening.

35. Please confirm if pricing for Removal of Dangerous Hanging Limbs is per Tree and not per limb.

Per Tree is the industry standard method for pricing Hanging Limbs.

Pricing for the Removal of Dangerous Hanging Limbs is per tree, not per individual limb.

Schedule 1 will be revised through this Addendum to reflect a unit of measure of PER TREE.

36. Would the City consider allowing CYD pricing for Item 4.1 J Reduction by Grinding. Since incoming redusable debris is measured in CYD the Reduction is typically invoiced with the same standard.

Yes. The County will allow pricing for Item 4.1J, Reduction by Grinding, to be provided on a per cubic yard (CYD) basis. Schedule 1 will be revised through this Addendum to reflect the updated unit of measure.

37. Would the County consider adding a Reduction by Compaction per CYD to the price schedule?

This is the industry standard method for reducing C&D Debris.

Yes. Schedule 1 is revised to add Reduction by Compaction – CYD as an additional Unit Price line item. Respondents shall provide a Unit Price per CYD on the revised Schedule 1 issued with this Addendum.

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38. Would the County allow for responders to add additional labor category titles and rates to Price Schedule 2?

Yes. Respondents may identify additional labor categories and associated hourly rates in the “Other” section of Schedule 2.

39. Does the County have a monitoring firm contracted? If so, which monitoring firm?

Thompson Consulting Services, LLC is the current monitoring firm with their contract expiring October 30, 2027.

40. If the County cannot provide answers to the questions 7 business days prior to the due date, would the County consider pushing back the due date to accommodate updates per the addendum and allow adequate mailing time?

Yes.

41. Can the County provide the address to their Emergency Operations Center?

500 Executive Place, Fayetteville, NC 28305

42. In Section 4.2, Tabs A and B repeat the same information for items 1-5. Does the County wish the information to be duplicated? Or, shall the response ignore the duplicated information in Tab B?

Please disregard Tab A. Please see Modification to Language in Addendum II, where Tab A is removed and Tabs B-F are updated to A-E.

43. Can the County clarify what the graph on page 16 (Section 4.2, Tab B) corresponds to.

Please see Section 4.2 B, #10. The 3 references can be provided here.

44. Can the County provide a draft contract for our review?

The draft contract is attached to this Addendum.

45. Can the County confirm what retainage % (if any) will be withheld?

A 10% retainage will be held until the end of the project. In order to recover the retainage, the Contractor must successfully complete all work zones. Retainage will be held until final reconciliation is complete. Portions of the retainage may be held by the Local Government to repair damages caused by the Contractor to public or private property.

46. Can you please provide the awardees, and price evaluations from the previous bidding cycle?

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DRC Emergency Services and AshBritt, Inc. Please submit a public records request through our website for this information. https://www.cumberlandcountync.gov/departments/public-information-group/public-information/public-records-request

47. Will the labor and equipment rates be included in pricing evaluations?

Yes.

48. Will annual contract price increases based on Consumer Price Index (CPI) be allowed?

No.

49. Section 4.1A – Drainage Areas/Canals and Waterways

Section 4.1A includes debris collection from drainage areas/canals and waterways; however, Attachment C – Schedule 1 does not include separate line items for these operations. Debris removal from drainage areas, canals, and waterways requires substantially different equipment, means, methods, and resources than standard ROW debris collection. Will the County please add separate unit-price line items for debris removal from drainage areas/canals and waterways?

The County recognizes that debris removal from drainage areas, canals, and waterways may require different equipment and methods than standard ROW debris collection. The revised Schedule 1 issued with this Addendum includes separate pricing for debris removal from drainage areas/canals and waterways.

50. Section 4.1G – Removal of Hazardous Stumps

Section 4.1G states that filling of the stump hole should be considered, while Schedule 1 provides a per-each price for hazardous stump removal based on stump diameter.

Industry-standard hazardous stump pricing is generally established as an all-inclusive unit price for removal, hauling/disposal of the stump, and backfilling the resulting stump hole. Will the County please confirm that the hazardous stump line-item price is intended to include removal, haul/disposal, and backfilling of the stump hole, with no separate charge for transporting the removed stump?

Yes. The Unit Price for Removal of Hazardous Stumps shall be all-inclusive and shall include all labor, equipment, materials, transportation, disposal, and backfilling necessary to complete the authorized stump removal. No separate charge will be permitted for transportation of the removed stump or backfilling of the resulting stump hole.

51. Section 4.1G – Hazardous Trees and Hanging Limbs

Section 4.1G currently states that debris generated from the removal of hazardous trees and hanging limbs will be transported to an approved TDSRS or disposal facility.

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Industry-standard practice is for vegetative debris generated by hazardous tree and hanging-limb removal to be placed at the nearest safe ROW location and subsequently collected and hauled as regular vegetative debris under the applicable vegetative debris collection line item.

Requiring each tree/hanger crew to separately haul its generated debris would reduce production and require individual piles to be tracked back to the tree or hanger operation.

Will the County please confirm that debris generated from hazardous tree and hanging-limb removal may be placed at the nearest safe ROW location and subsequently collected and hauled under the applicable vegetative debris collection and haul line item?

The County will consider allowing debris generated from the removal of eligible hazardous leaning trees and dangerous hanging limbs to be placed within the ROW for subsequent collection and hauling as vegetative debris, provided such work is performed, documented, and invoiced in accordance with applicable FEMA Public Assistance reimbursement eligibility requirements and County direction at the time of the event.

52. Section 4.1L – Abandoned Vessel Removal

Section 4.1L states that the work consists of removing abandoned vessels from County waterways and hauling the vessels to a County-approved staging area. Schedule 1 provides a single “Removal of Vessels” line item priced per linear foot.

There is a significant difference in the equipment, resources, and cost associated with removing a vessel from land versus from the water. Will the County please clarify whether the vessel removal line item applies only to vessels located in the water? If vessels located on land are also included, will the County please provide separate line items for (1) vessel removal from land and (2) vessel removal from water?

The County recognizes that debris removal from drainage areas, canals, and waterways may require different equipment and methods than standard ROW debris collection. The revised Schedule 1 issued with this Addendum includes separate pricing for debris removal from drainage areas/canals and waterways.

53. In section 4.2, the information stated under “tab A, Introduction: Company Information and Executive Summary” is repeated in “Tab B, Qualifications and Experience”. Was this purposeful or will these requirements be removed from one of the tabs?

Please disregard Tab A. Please see Modification to Language in Addendum II, where Tab A is removed and Tabs B-F are updated to A-E.

54. The RFP states the response should be limited to fifty (50) pages and double sided.

a. Please confirm if this means we have 50 physical pages with 100 pages of information back and front.

Yes. 50 pages front and back can be submitted. The goal is to keep documentation at a manageable amount for the evaluators. Vendors should remain as close as possible, meaning if you absolutely need to go over a little, that is permissible.

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b. Please confirm this means we have 25 physical pages with 50 pages of information back and front.

50 pages front and back can be submitted. The goal is to keep documentation at a manageable amount for the evaluators. Vendors should remain as close as possible, meaning if you absolutely need to go over a little, that is permissible.

55. Please confirm if the table shown on page 16 is to be used in relation to the 3 references required in the proposal.

Yes.

Ref. to Section No. of RFP

Description Estimated Quantity

Unit Unit Price Line Item Price

(a) (b) (c) (a) x (c) 4.1E Collect & Haul Vegetative – ROW

0 miles – 15 miles 1 CYD

0 miles – 15 miles 1 TON

15.1 miles – 30 miles 1 CYD

15.1 miles – 30 miles 1 TON

>30.1 miles 1 CYD

>30.1 miles 1 TON

4.1 F Collect & Haul C&D – ROW

0 miles – 15 miles 1 TON

15.1 miles – 30 miles 1 TON

>30.1 miles 1 TON

4.1 G Remove, Collect, & Haul Vegetative – ROW/ROE

0 miles – 15 miles 1 CYD

0 miles – 15 miles 1 TON

15.1 miles – 30 miles 1 CYD

15.1 miles – 30 miles 1 TON

>30.1 miles 1 CYD

>30.1 miles 1 TON

4.1 G (1) Removal of Hazardous Trees

6” – 12” 1 EACH

13” – 24” 1 EACH

25” – 36” 1 EACH

36” – 48” 1 EACH

49” and greater 1 EACH

4.1 G (1) Removal of Dangerous Hanging Limbs 1 TREE

4.1 G (1) Removal of Hazardous Stumps

24” – 36” 1 EACH

36” – 48” 1 EACH

48” and greater 1 EACH

4.1 H Demolish, Collect, & Haul C&D – ROW/ROE

0 miles – 15 miles 1 TON

15.1 miles – 30 miles 1 TON

>30.1 miles 1 TON

SCHEDULE 1 – UNIT RATE PRICE SCHEDULE

4.1 I TDSR Site Management 1 CYD

4.1 J Reduction by Grinding 1 CYD

4.1 J (3) Reduction by Incineration 1 CYD

4.1 J Reduction by Compaction 1 CYD

4.1 K Haul-out of Reduced Debris

0 miles – 15 miles 1 CYD

0 miles – 15 miles 1 TON

15.1 miles – 30 miles 1 CYD

15.1 miles – 30 miles 1 TON

>30.1 miles 1 CYD

>30.1 miles 1 TON

4.1 D Waterway Debris Removal (Debris Removal from canals, rivers, creeks, streams, and ditches)

1 CYD

4.1 L Removal of Vessels (Marine) Removal of an eligible vessel from the waterway

1 Linear FT

4.1 M Removal of Vehicles (Removal of an eligible vehicle) 1 Per Unit

4.1 N Removal of Animal Carcasses 1 Per Unit

4.1 O Removal of Asbestos 1 LB

Equipment Type – Ref. to Section 4.1 Q Hourly Equipment Rate Bobcat Loader Bucket Truck w/Operator Crash Truck w/Impact Attenuator Dozer, Tracked, D5 or similar Dozer, Tracked, D6 or similar Dozer, Tracked, D7 or similar Dozer, Tracked, D8 or similar Dump Truck, 18 CY-20 CY Dump Truck, 21 CY-30 CY Generator and Lighting Grader w/12’ Blade Hydraulic Excavator, 1.5 CY Hydraulic Excavator, 2.5 CY Knuckleboom Loader Lowboy Trailer w/Tractor Mobile Crane (Adequate for hanging limbs/leaning trees) Pickup Truck, .5 Ton Truck, Flatbed Water Truck Wheel Loader, 2.5 CY, 950 or similar Wheel Loader, 3.5 – 4.0 CY, 966 or similar Wheel Loader, 4.5 CY, 980 or similar Wheel Loader-Backhoe, 1.0 – 1.5 CY Other – Please List

Labor Category Hourly Labor Rate Operations Manager w/Cell Phone and Pickup Crew Foreman w/Cell Phone and Pickup Tree Climber/Chainsaw Laborer w/Chain Saw Laborer w/small tools, traffic control, flag person Other - Please List

SCHEDULE 2 – HOURLY EQUIPMENT AND LABOR PRICE SCHEDULE

Notice to Proceed

To: Contractor:

Address:

Project: Disaster Debris Collection Services

Cumberland County, North Carolina

Contract Amount $________________________________________

You are hereby notified to commence work on the referenced project on or before _____________________ and are to fully complete the work for within _________ CONSECUTIVE CALENDAR DAYS thereafter. Your Contract completion date is therefore____________________.

The Contract provides for assessment of the sum of $500.00 as liquidated damages for each consecutive calendar day after the above established Contract completion date that the work remains incomplete.

BY:

DATE:

MASTER SERVICES AGREEMENT

BETWEEN COUNTY OF CUMBERLAND, NORTH CAROLINA

AND VENDOR

THIS CONTRACT is made and entered into on DATE, by and between the COUNTY OF CUMBERLAND, hereinafter referred to as “COUNTY”, a political subdivision of the State of NORTH CAROLINA and VENDOR, hereinafter referred to as “CONTRACTOR”, a corporation authorized to do and doing business in the State of North Carolina.

WITNESSETH:

WHEREAS, the COUNTY requires a primary/secondary pre-placement service contract for the REMOVAL AND DISPOSAL OF DISASTER RELATED DEBRIS; and

WHEREAS, the COUNTY prepared and issued formal Request for Proposal No. 27-1-CTY, requesting proposals from qualified firms to provide these services, hereinafter referred to as “the Request”, a copy of which is attached hereto along with any addendums and incorporated herein by reference as Attachment “A”; and

WHEREAS, the CONTRACTOR submitted a formal proposal in response to the Request to provide the requested services, dated __________, hereinafter referred to as “the Proposal”, a copy of which is attached hereto and incorporated herein by reference as Attachment “B”; and

WHEREAS, the COUNTY and CONTRACTOR are now desirous of entering into a final and binding contract for the REMOVAL AND DISPOSAL OF DISASTER RELATED DEBRIS SERVICES in accordance with the contract documents annexed hereto and the terms and conditions outlined herein;

to include, FEMA Contract Clauses, attached hereto and incorporated herein by reference as Attachment “C”.

NOW THEREFORE, in consideration of the mutual covenants and agreements herein, the COUNTY and CONTRACTOR hereby agree as follows, to-wit:

SECTION 1 – GENERAL

This Contract for the REMOVAL AND DISPOSAL OF DISASTER RELATED DEBRIS will commence upon signature of the BOTH PARTIES.

CONTRACTOR will provide REMOVAL AND DISPOSAL OF DISASTER RELATED DEBRIS SERVICES to the COUNTY in accordance with the terms and conditions stated herein, and those contained in the Request and Proposal (Attachments A, B, and C).

For purposes of this Contract, the order of precedence for interpretation will be as follows:

1. This Contract to provide REMOVAL AND DISPOSAL OF DISASTER RELATED DEBRIS

SERVICES.

2. The Request for Proposal (“Attachment A”)

3. The Proposal (“Attachment B”)

4. FEMA Contract Clauses (“Attachment C”)

SECTION 2 – SCOPE OF SERVICES

The COUNTY hereby engages CONTRACTOR to provide services in accordance with the terms and conditions stated in “Attachment A”, to include all sections and attachments of the RFP; such as, Section

5.0 Contract Terms and Conditions. The Scope of Services specifically includes those items listed in “Scope of Services (“Attachment A”). This Contract is a pre-placement contract that can be activated by the COUNTY in the event of an emergency or disaster-related event such as, but not limited to, hurricanes, tornados, and floods. The use of CONTRACTOR’s services under this Contract will therefore be on an as-needed basis as requested by the COUNTY through a Notice to Proceed. The Scope of Services may include removal of debris from public property; removal of debris from public streets and rights-of-way; processing and disposal of debris; preparing and maintaining documentation of all services performed including, but not limited to, time sheets, load tickets, materials used, invoices for rented equipment, etc.

SECTION 3 - MAXIMUM CONTRACT AMOUNT

The Contract is based on Unit Pricing as set forth in CONTRACTOR’s Price Proposal Schedule 1 & 2 which is attached hereto in the CONTRACTOR’S “Proposal” and incorporated herein by reference. In the event of a disaster, work shall not commence until a contract amendment is processed to incorporate a “not to exceed” amount into the contract language.

For “Cut and Toss” debris clearance, hourly rates shall only apply to emergency road clearance.

Hourly rates shall not be used for removal, hauling, reduction, or disposal. Debris units for these categories may be modified to comply with FEMA requirements.

No guarantee of minimum hours of payment and CONTRACTOR shall not exceed the Not to Exceed, without a contract change order to authorize the increase, amount at own risk.

Time and materials may be allowed for clearing of roads only.

SECTION 4 – CONTRACT PERIOD

This agreement is through October 30, 2028 with the option to renew for one additional two year period upon mutual agreement of both parties. Work under this Contract will only be performed in the event of a disaster and no funding will be available for this Contract until the time of the disaster.

SECTION 5 – OWNERSHIP OF DEBRIS

Unless otherwise directed by the COUNTY, titled or registered debris (such as vehicles or boats) will not be loaded and removed by CONTRACTOR and such titled or registered debris shall not become property of CONTRACTOR.

SECTION 6 – BOND AND INSURANCE REQUIREMENTS

Prior to commencing work, CONTRACTOR agrees to obtain Bond and Insurance coverage per the COUNTY’s requirements as stipulated in the “Request”.

SECTION 7 – TERMINATION

This contract may be terminated under the terms and conditions specified in “Attachment C”: (FEMA

REQUIRED CONTRACT CLAUSES, #10).

SECTION 8 – INDEPENDENT CONTRACTOR

While in the performance of providing the services outlined herein or carrying out other obligations under this Contract, CONTRACTOR shall be acting in the capacity of independent contractor and not as an employee of the COUNTY. The COUNTY shall not be obligated to any person, firm, corporation, or other entity of any obligation of CONTRACTOR arising from the performance of services under this Contract. Nothing contained in this Contract is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parties.

CONTRACTOR shall at all times remain an independent contractor with respect to the services to be performed under this Contract. CONTRACTOR understands and agrees that the COUNTY shall be exempt from payment of all Unemployment Compensation, FICA, retirement, life and/or medical insurance and benefits, including Worker’s Compensation insurance for any member, manager, employee, agent, servant, or volunteer of CONTRACTOR, as CONTRACTOR is an independent contractor.

SECTION 9 – CONTRACT EXECUTION AND AMENDMENT

This Contract, together with Attachments “A”, “B” and “C” represent the entire agreement between the COUNTY and CONTRACTOR and supersedes all prior negotiations, representations or agreements, either written or oral. This Contract may be amended only by written instrument signed by both parties.

SECTION 10 – APPLICABLE LAW AND VENUE

This Contract shall be governed by the laws of the State of North Carolina. Venue shall be in the Superior Court of Cumberland County.

SECTION 11 – NOTICES

Any communications to be given hereunder by either Party to the other shall be deemed to be duly given if set forth in writing and personally delivered or sent by mail, registered or certified, postage prepaid with return receipt requested as follows:

Notices should be sent to COUNTY at the following address:

Sophia Murnahan, Purchasing Manager Cumberland County Finance Department 117 Dick Street 4th Fl. Rm. 451 Fayetteville, N.C. 28301

Notices should be sent to CONTRACTOR at the following address:

VENDOR CONTACT

VENDOR NAME

VENDOR ADDRESS

Written notices hereunder delivered personally shall be deemed communicated as of actual receipt, mailed notices shall be deemed communicated five (5) days after deposit in the mail, postage prepaid, certified, in accordance with this Section.

SECTION 12 – SEVERABILITY

The parties to this Contract understand and agree that the provisions herein, shall, between them, have the effect of law, but in reference to matters not provided herein, the Contract shall be governed by the regulations of the United States and the laws of the State of North Carolina. If any provision of this Contract is held to be illegal, invalid, or unenforceable under present or future laws effective during the term of this Contract, such provision is fully severable, and this Contract must be construed and enforced as if such illegal, invalid, or unenforceable provisions never comprised a part of this Contract and the remaining provisions of this Contract remain in full force and effect and may not be affected by the illegal, invalid, or unenforceable provision or its severance from this Contract.

SECTION 13 - DISCRIMINATION CLAUSE

CONTRACTOR agrees to abide by the requirements of the following as applicable: Title VI and VII of the Civil Rights Act of 1964, as amended by the Equal Opportunity Act of 1972, Federal Executive Order 11246, the Federal Rehabilitation Act of 1973, as amended, the Vietnam Era Veteran's Readjustment Assistance Act of 1974, Title IX of the Education Amendments of 1972, the Age Act of 1975, and CONTRACTOR agrees to abide by the requirements of the Americans with Disabilities Act of 990.

CONTRACTOR agrees to provide a work environment free of potential harassment and not to discriminate in its employment practices, and will render services under this Contract without regard to race, color, religion, sex, sexual orientation, national origin, veteran status, political affiliation, or disabilities. Any act of discrimination committed by CONTRACTOR, or failure to comply with these statutory obligations when applicable shall be grounds for termination of this Contract.

SECTION 14 -OWNERSHIP OF RECORDS

When applicable, all records, reports, documents, or other material related to this Contract and/or obtained or prepared by CONTRACTOR in connection with the performance of the services contracted for herein shall become the property of the COUNTY, and shall, upon request, be returned by CONTRACTOR to the COUNTY, at CONTRACTOR’s expense, at the termination or the expiration of this Contract.

SECTION 15 - FEDERAL CLAUSES

CONTRACTOR agrees to abide by and follow all terms and conditions of Uniform Guidance 2 C.F.R Part 200, “Attachment C”. All updates to this document shall be automatically incorporated and followed.

SECTION 16 – OPERATION OF EQUIPMENT

The CONTRACTOR shall operate all trucks, trailers and all other equipment in compliance with any/all applicable federal, state and local rules and regulations. Equipment shall be in good working condition.

All loading equipment shall be operated from the road, street or ROW using buckets and/or booms and grapple devices to collect and load debris. No equipment shall be allowed behind the curb or outside of the public ROW unless otherwise directed by the COUNTY. Should operation of equipment be required outside of the public ROW, the COUNTY will provide a Right-of-Entry Agreement.

SECTION 17 – CERTIFICATION OF LOAD CARRYING CAPACITY

The CONTRACTOR shall submit to the COUNTY a certified report indicating the type of vehicle, make and model, license plate number and/or trailer VIN number, assigned debris hauling number and measured maximum volume, in cubic yards, of the load bed of each piece of equipment to be utilized to haul debris.

The measured volume of each piece of equipment shall be calculated from the actual physical measurement performed by the COUNTY and CONTRACTOR Representative(s). A standard measurement form certifying actual physical measurements of each piece of equipment shall be an attachment to the certified report(s) submitted to the COUNTY.

SECTION 18 – ADDITIONAL SUPPORTING DOCUMENTATION

The CONTRACTOR shall submit sufficient reports and/or documentation for debris loading, hauling, disposal, and load capacity measurements as may reasonably be required by the COUNTY and/or Government to support requests for debris project reimbursement from external funding sources.

SECTION 19 - OTHER AGREEMENTS

The COUNTY may be required to enter into agreements with Federal and/or State agencies for disaster relief. The CONTRACTOR shall be bound by the terms and conditions of such agreements. The COUNTY shall provide CONTRACTOR with copies of any such federal and state agreements within 7 days of the execution thereof.

SECTION 20 - INELIGIBLE WORK

The CONTRACTOR will not be paid for the removal, transportation, storage, reduction and/or disposal of any material or stumps as may be determined by the COUNTY and/or Government as ineligible debris.

SECTION 21 - MUNICIPALITIES

The COUNTY may provide assistance through this contract to municipalities located within the County of Cumberland. Those municipalities consist of Town of Eastover, Town of Falcon, Town of Godwin, Town of Linden, Town of Stedman and Town of Wade.

SECTION 22 - COMPENSATION

CONTRACTOR shall submit monthly invoice for services rendered.

The COUNTY shall pay CONTRACTOR in U.S. dollars within thirty (30) days of receipt of invoices less any disputed amounts. The COUNTY will review invoices to which the COUNTY shall immediately notify CONTRACTOR of any invoice discrepancies. CONTRACTOR and the COUNTY will work in good faith to resolve any such discrepancies within ten (10) days after notification. Should a discrepancy result in a partial rejection of any item(s) invoiced, the COUNTY shall proceed with partial payment within Net 30 days of the date of the invoice.

All invoices shall be delivered to:

Attn: County Purchasing County of Cumberland, North Carolina PO Box 1829 Fayetteville, NC 28302

Payment shall be made to the following address:

Attn: VENDOR CONTACT

VENDOR NAME

VENDOR ADDRESS

In order for both parties herein to close their books and records, the CONTRACTOR will clearly state "Final Invoice" on the CONTRACTOR’S final/last billing to the COUNTY. Such statement shall serve as certification that all services have been properly performed and all charges and costs have been invoiced to the COUNTY. Upon submission of the Final Invoice, the COUNTY’S account with CONTRACTOR will be closed and any other further charges if not properly included on the Final Invoice shall be considered waived by the CONTRACTOR.

IN WITNESS WHEREOF, the parties have executed this Contract before the undersigned competent witnesses on the dates hereinafter indicated.

WITNESS: VENDOR LEGAL NAME

____________________________ By: __________________________________

Title: ________________________________

Date: ____________________________

WITNESS: COUNTY OF CUMBERLAND

___________________________ By:

Chairman to the Board of County Commissioners

Or County Manager, if delegated authority

Date: __________________ This instrument has been pre-audited in the Manner required by the Local Government Budget and Fiscal Control Act. Approved for Legal Sufficiency

By: ______________________________ BY: ____________________________ Finance Director County Attorney

ATTACHMENT C

FEMA CONTRACT CLAUSES

Federal Contracting Requirements

This Attachment C is incorporated into the Service Contract between the County and the Contractor. Capitalized terms not defined in this Attachment shall have the meanings assigned to such terms in the Contract. All references to the “Contractor” or “Company” or “Vendor” or “Provider” shall be deemed to mean the Contractor.

This Contract may be funded in whole or in part with federal funding. As such, federal laws, regulations, policies and related administrative practices apply to this Contract. The most recent of such federal requirements, including any amendments made after the execution of this Contract shall govern the Contract, unless the federal government determines otherwise. The Contractor is responsible for complying with all applicable provisions, updates or modifications that occur in the future relating to these clauses.

To the extent possible, the federal requirements contained in the most recent version of the Uniform Administrative Requirements for federal awards (Uniform Rules) codified at 2.CFR Part 200, including any certifications and contractual provisions required by any federal statutes or regulation referenced therein to be included in this contract are deemed incorporated into this contract by reference and shall be incorporated into any sub-agreement or subcontract executed by the Contractor pursuant to its obligations under this Contract. The Contractor and its sub-contractors, if any, hereby represent and covenant that they have complied and shall comply in the future with the applicable provisions of the original contract then in effect and with all applicable federal, state, and local laws, regulations, and rules and local policies and procedures, as amended from time to time, relating to Work to be performed under this contract.

1. Drug Free Workplace Requirements Drug-free workplace requirements in accordance with Drug Free Workplace Act of 1988 (Pub 100-690, Title V, Subtitle D). All contractors entering into federal funded contracts over $100,000 must comply with Federal Drug Free workplace requirements as Drug Free Workplace Act of 1988.

2. Contractor Compliance The Contractor shall comply with all uniform administrative requirements, cost principles, and audit requirements for federal awards.

3. Conflict of Interest The Contractor must disclose in writing any potential conflict of interest to the County of Cumberland or pass through entity in accordance with federal policy.

4. Mandatory Disclosures The Contractor must disclose in writing all violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award.

5. Energy Conservation The Contractor and Subcontractors agrees to comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act, 42 U.S.C. § 6321, et seq.

6. Clean Air Act and The Federal Water Pollution Control Act Clean Air Act:

(1) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

(2) The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

(3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

Federal Water Pollution Control Act:

(1) The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

(2) The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office.

(3) The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA.

7. Access to Records and Reports The following access to records requirements apply to this contract:

(1) The Contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

(3) The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

(4) In compliance with section 1225 of the Disaster Recovery Reform Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States.

8. No Obligation by Federal Government The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the recipient or subrecipient, contractor, or any other party pertaining to any matter resulting from the contract.

9. Program Fraud and False or Fraudulent Statements or Related Acts The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract.

10. Changes Any change in the contract cost, modification, change order, or constructive change must be allowable, allocable, within the scope of its funding, grant or cooperative agreement, and reasonable for the completion of project scope. All changes and/or amendments to the contract will be outlined in detail, formalized in writing, and signed by the authorized representative of each party. Contractor’s failure to do so shall constitute a material breach of the contract.

11. Termination

(1) Termination Without Cause. The County may immediately terminate this Agreement at any time without cause by giving 30 days’ written notice to the Contractor.

(2) Termination for Default by Either Party. By giving written notice to the other party, either party may terminate this Agreement upon the occurrence of one or more of the following events:

The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in this Agreement, provided that, unless otherwise stated in this Agreement, such failure or violation shall not be cause for termination if both of the following conditions are satisfied: (i) such default is reasonably susceptible to cure; and (ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non-defaulting party; or

The other party attempts to assign, terminate or cancel this Agreement contrary to the terms hereof; or

The other party ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the…