RFB - 24-0499 - RECYCLING TRANSPORTATION FOR CONVENIENCE SITES.pdf

NEW HANOVER COUNTY

RECYCLING & SOLID WASTE DEPARTMENT

REQUEST FOR BIDS

RFB #24-0499

RECYCLING TRANSPORTATION SERVICES

CONVENIENCE SITES

COUNTY COMMISSIONERS

BILL RIVENBARK, CHAIR

LEANN PIERCE, VICE-CHAIR

JONATHAN BARFIELD, JR.

DANE SCALISE

ROB ZAPPLE

CHRIS COUDRIET, COUNTY MANAGER

TABLES OF CONTENTS

Section 1 Advertisement

Section 2 Instructions and General Information

Section 3 Scope of Work

Section 4 Bid Form

Section 5 NHC Purchase Order Terms and Conditions

Section 6 Minority Business Form

Section 7 E-Verify Form

Section 8 Iran Divestment Act Certification

Section 9 Draft Contract

Section 1 – Advertisement

RFB #24-0499

New Hanover County is accepting bids for “Recycling Transportation Services for Convenience Sites” for use at the New Hanover County Landfill located at 5210 Highway 421 North, Wilmington, North Carolina.

Contractor shall provide services to manage the transportation of recycling materials and the maintenance of Recycling Drop Off Sites located throughout New Hanover County. Sites must be serviced according to the schedule established by the department, supplemented as necessary to ensure sites are kept clean. Containers are available at all times, including weekends and holidays, with sufficient capacity to receive materials brought to the site by County residents.

Bids will be addressed to Courtney Prince, Purchasing Agent, coprince@nhcgov.com and marked “RFB # 24-0499 Recycling Transportation Service for Convenience Sites”. Bids will be accepted until 3:00 P.M.

EST, Thursday, June 13, 2024.

Instructions for submitting bids and complete requirements and information may be obtained by visiting the County’s website at https://finance.nhcgov.com/321/Purchasing- Solicitation

New Hanover County reserves the right to accept or reject any or all bids and to make the Award which will be in the best interest of the County.

Released: Friday, May 31, 2024 mailto:coprince@nhcgov.com https://finance.nhcgov.com/321/Purchasing-Solicitation https://finance.nhcgov.com/321/Purchasing-Solicitation

Section 2 – Instructions and General Conditions

2.1 – Schedule

ACTION DATE

RFB issued. Friday, May 31, 2024

Deadline for Questions Thursday, June 6, 2024 by End of Business Day

Answers to Questions Tuesday, June 11, 2024 Deadline for receipt of bids Thursday, June 13, 2024, @ 3:00 PM EST

2.2 – Preparation of Bid

2.2.1 Bidders are instructed to submit their bid by email marked:

“RFB 24-0499 Recycling Transportation for Convenience Sites” in the subject line of the email and address to Courtney Prince, Purchasing Agent at coprince@nhcgov.com .

2.2.2 Completion of Bid Form (Price Sheet): Bidders are expected to examine the specifications herein, the schedule and all instructions. Failure to do so will be at the bidder’s risk. Each bidder shall furnish the information required on the price sheet. Bids submitted that are not on the attached price sheet may be rejected.

BIDS NOT SIGNED WILL BE DEEMED NONRESPONSIVE AND REJECTED.

All prices and notations shall be written in ink or typed. Discrepancies between words and numerals will be resolved in favor of words.

Changes or corrections made in the bid must be initialed by the individual signing the bid. No corrections will be permitted once bids have been opened.

2.2.3 No telephone bids will be considered. Bids received after the time and date for closing will not be considered.

2.3 – Questions Questions concerning the specifications in this Request for Bids (RFB) should be directed to Courtney Prince, Purchasing Agent by email to coprince@nhcgov.com.The deadline for questions is Thursday, June 6, 2024, by end of business.

An addendum summarizing all questions and answers will be posted to the County’s website by close of business on Tuesday, June 11, 2024. Bidders who have notified the County of their intent to submit a proposal along with an email address will be sent the addendum upon posting.

mailto:coprince@nhcgov.com

2.4 – Communication Bidders may not have communications, verbal or otherwise, concerning this RFB with any personnel or boards from New Hanover County, other than the person listed in this section, which is Courtney Prince, Purchasing Agent by email at coprince@nhcgov.com. If any vendor attempts any unauthorized communication, the bid may be rejected.

2.5 – Intent to Submit All Bidders who intend to submit a bid on this project should send an email to coprince@nhcgov.com including pertinent contact information. This will also ensure that you receive any addenda issued for this RFB; if applicable.

2.6 - Cost of Preparation of Response Costs incurred by prospective Bidders in the preparation of the response to this Request for Bids are the responsibility of the Bidder and will not be reimbursed by The County.

2.7 – Bid Opening There will be no formal bid opening. A bid summary will be emailed to all bidders and posted to the County’s website.

2.8 – Award Award “shall be made to the lowest responsive responsible bidder taking into consideration quality, performance, and the time specified in the bid for the performance of the contract.”

The County may also consider other factors such as past performance, financial stability, and availability of equipment in the consideration of award.

2.9 – Ownership of Documents All bids and accompanying documentation will become the property of New Hanover County at the time the bids are opened and as such will not be returned to the bidder.

2.10 - Trade Secret Confidentiality Upon receipt of your bid by New Hanover County, your bid is considered a public record except for material which qualifies as "trade secret" under N.C. General Statute 132-1.2. After opening, your bid will be provided to County staff and others who participate in the evaluation process, and to members of the general public who submit public records requests.

2.11 - Withdrawal of Bids Bidders may withdraw or withdraw and resubmit their bid at any time prior to the closing time for receipt of bids. NO bid may be withdrawn after the scheduled closing time for receipt of bids for a period of ninety (90) days.

2.12 - Equal Opportunity The non-discrimination clause contained in Section 202 (Federal) Executive Order 11246, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex or national origin, and the implementing rules and regulations prescribed by the Secretary of Labor, are incorporated herein.

The Bidder agrees not to discriminate against any employees or applicant for employment because of physical or mental handicap in regard to any position for which the employees or applicant is qualified. The Bidder agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices.

Pursuant to GS 143-48, New Hanover County encourages small, minority, physically handicapped, and women firms to submit bids in response to this RFB.

2.13- Indemnity The successful Bidder shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorney fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by the Successful Bidder hereunder, resulting from the negligence of or the willful act or omission of the Bidder, his agents, employees and subcontractors.

2.14 – E-Verify Pursuant to Session Law 2013-418, Contractor shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. County requires an affidavit attesting to Contractor’s compliance. Violation of the provision, unless timely cured, shall constitute a breach of contract.

2.15 - Compliance with Bid Requirements Failure to comply with these provisions or any other provisions of the General Statutes of North Carolina will result in rejection of bid/bid.

2.16- Successful Bidder The successful Bidder who is not currently registered as a vendor in the County’s vendor database will be required to register. Please visit the County’s website at Vendor Self Service (munisselfservice.com).

2.17 – Federal Uniform Guidance The source of funds for this contract is federal fund. The following federal provisions apply pursuant to 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II (as applicable):

Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40 U.S.C. 3141- 3148); Copeland “Anti-Kickback” Act (40 U.S.C. 3145); Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708); Clean Air Act (42 U.S.C. 7401-7671q.)

and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387); Debarment and Suspension (Executive Orders 12549 and 12689); Byrd Anti-Lobbying Amendment (31 https://newhanovercountyncvss.munisselfservice.com/Vendors/default.aspx https://newhanovercountyncvss.munisselfservice.com/Vendors/default.aspx

U.S.C. 1352); Procurement of Recovered Materials (2 C.F.R. § 200.322); and Record Retention Requirements (2CFR § 200.324).

2.18 - Certificate of Authority Subject to several statutory exceptions, a business entity incorporated or organized in a state other than North Carolina must obtain a certificate of authority from the North Carolina Secretary of State prior to transacting business in the State. See G.S. 55-15-01(a) (business corporations);

G.S. 55A-15-01(a) (nonprofit corporations); G.S. 57D-7-01(a) (limited liability companies); G.S. 59- 902(a) (limited partnerships); G.S. 59-91(a) (registered limited liability partnerships); G.S. 55B- 16(a) (professional corporations). When the requirement applies, the foreign entity transacting business in the State is responsible for obtaining a certificate of authority—not the domestic (i.e., North Carolina) corporations, public entities, or individuals with whom the foreign entity might contract.

2.19 - Right to Reject Bids New Hanover County reserves the right to accept or reject any or all bids and to make the award which will be most advantageous to the County.

2.20 - Iran Divestment Act Certification

Divestment from companies that boycott Israel - The vendor or contractor certifies that it has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81. It is the responsibility of each vendor or contractor to monitor compliance with this restriction. Contracts valued at less than $1,000.00 are exempt from this restriction.

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Section 3 – Scope of Work

RFB #24-0499

RECYCLING TRANSPORTATION SERVICES

SCOPE OF WORK

Contractor shall provide services to manage the transportation of recycling materials and the maintenance of Recycling Drop Off Sites located throughout New Hanover County. Sites must be serviced according to the schedule established by the department, supplemented as necessary to ensure sites are kept clean and containers are available at all times, including weekends and holidays, with sufficient capacity to receive materials brought to the site by County residents.

SITE & FACILITY ADDRESSES

Main Recycling Facility/ Recycling & Solid Waste Administration Office

3002 U.S. Highway 421N., Wilmington

Ogden Park 615 Ogden Park Drive, Wilmington Wrightsville Beach 321 Causeway Drive, Wrightsville Beach Murrayville 2316 N. College Rd., Wilmington (Lowes Foods) Veterans Park 835 Halyburton Memorial Pkwy, Wilmington Moose Lodge 4610 Carolina Beach Rd., Wilmington New Hanover Correctional Center (Prison) 330 Division Drive, Wilmington Marina (Wilmington Marine Center) 3410 River Rd., Wilmington NHC Arboretum 6206 Oleander Dr., Wilmington Wrightsboro Elementary 2716 Castle Hayne Rd., Wilmington Compost material source site at zoo 5811 Carolina Beach Rd., Wilmington NHC Landfill 5210 U.S. Highway 421 N., Wilmington

Containers shall be serviced by hauling them to the main Recycling Facility, located at 3002 US HWY 421N, Wilmington, NC, and dumping them in the appropriate area depending upon type of material collected. The department currently utilizes the following schedule of roll-off truck runs/day, which is the minimum number of truck runs, and is to be supplemented as needed to maintain each site as described above.

RECYCLING DROP OFF SITES - TRUCK RUNS PER DAY

SITE MON TUE WED THUR FRI SAT SUN OTHER

Ogden Park 4 2 3 2 4 2

Wrightsville Beach 4 4 3 4 4 2 Murrayville 4 4 4 4 4 2

Veterans Park 7 Moose Lodge 6 3 5 3 6 2

Recycling & Solid Waste Admin

New Hanover Correctional

Center (Prison)

1 pull/month

Marina (Wilmington

Marine Center)

1 pull/month of a trailer w/cardboard NHC Arboretum 4 pulls/year

Wrightsboro Elementary

1 pull/month

Compost material:

Transport - from zoo source site to

NHC Landfill

3 pulls/year

Trash Loads from main Recycling facility to NHC

Landfill

4 4

NOTES:

1. Containers that are less than ¼ full should remain at the drop-off site until later in the day to maximize load efficiency.

2. Large boxes should be broken down to ensure truck tarp completely covers the container to reduce inadvertent littering during transportation to the Recycling facility.

In addition to hauling containers from sites to facilities, the following services are required under this contract:

1. Maintain & repair Recycling roll-off containers: The contractor shall be responsible for making repairs to County-owned containers as necessary, such as door and latch repairs, repairs to floors, window repairs/replacement; front and rear roller repairs and painting as necessary. Any unrepairable damages are to be reported immediately to the County. The County is responsible for replacing stickers and signs and requires the contractor to notify the County of the need for that service.

2. Maintain Community Drop-Off Sites: Sites are to be kept free of debris. Contractor is responsible for cleaning up the site area, picking up trash and recyclable items, and placing them in the container (or other vehicle as needed), for transport to the main Recycling facility. Any illegally dumped items or materials should be picked up, and a report made immediately to the County, along with site maintenance needs such as road regrading or pothole repairs that the County will complete.

3. Customer Service: Contractor is responsible for delivering professional, positive customer service, and referring citizens to contact the Recycling & Solid Waste Department 910-798-4400 with any questions or assistance being requested. Interactions with citizens and/or County employees encountered throughout the community must be professional and appropriate.

4. Compost source material hauling: The compost facility at the New Hanover County Landfill requires source material for the composting process. About 3 times per year, animal waste source material must be hauled from the zoo located at 5811 Carolina Beach Road to the New Hanover County Landfill’s compost facility. The contractor will be notified of this need by the County as necessary. The container stays on site at the zoo. This service will require picking up the full container from the zoo, then hauling the loaded container to the landfill’s compost facility to be emptied. The container shall then be returned to the zoo.

5. Communications: In addition to specific communications, the contractor is responsible for communicating to the County any unusual circumstances or situations encountered while carrying out the services required.

6. Other miscellaneous services: The County may have other services needed for delivery and/or removal of containers. These will be priced on a per mile basis on the bid price sheet since the location of the special requests are unknown until the time of the request.

As described above, the number of runs listed on the chart is the MINIMUM number of services that are required on a regular basis. At times, the volume of material in the containers is much greater than the average day and will require additional runs to maintain the sites as required. Examples of this are the time leading up to Christmas at all sites, and the summer months at the Wrightsville Beach site. During heavy use periods, it is the responsibility of the contractor to increase the number of runs to provide adequate capacity in the containers at each site to allow residents to continue to be able to place their materials inside the containers.

Monthly billing shall detail the number of runs per site, plus a listing of any additional special request runs at the per mile rate, and a total invoice amount.

All bids must be submitted using the attached Price Sheet / Bid Form.

Prices proposed by the bidder shall include everything necessary to complete the work including mobilization, demobilization, insurance, labor, material, equipment, fuel, overhead, profit, and any other costs associated with the work. The exception is that roll-off containers and labels / stickers for the containers, along with signage for the sites, shall be provided by the County.

The Contractor shall be responsible for maintaining safety at all work sites. The Contractor will comply with any and all applicable federal, state and local standards, regulations, laws, OSHA and all health and safety regulations. The Contractor shall take all reasonable steps to ensure safety for both workers and visitors. Contractor must adhere to local noise ordinances when conducting business under the scope of this contract.

Bidder shall include on the Price Sheet / Bid Form a list of 3 references for similar work performed. It is strongly recommended that bidders visit each site for a full understanding of the layout of each site.

Section 4 – BID FORM

PRICE SHEET / BID FORM

RFB # 24-0499

FORM MUST BE SUBMITTED WITH BID

NEW HANOVER COUNTY RECYCLING TRANSPORTATION SERVICES

To: Courtney Prince, Purchasing Agent New Hanover County Finance coprince@nhcgov.com “RFB 24-0499 RECYCLING TRANSPORTATION SERVICES for CONVENIENCSE SITES”

DATE: ____________________ CONTRACTOR: _____________________________________

OFFICE PHONE: _________________ CELL PHONE: ______________________________________

ADDRESS: ______________________________________________________________________

EMAIL ADDRESS: ________________________________________________________________

The undersigned, having carefully examined the Instructions to Bidders, New Hanover County “RFB # 24-0499 RECYCLING TRANSPORTATION SERVICES for CONVENIENCSE SITES”, and draft contract, including the following addenda:

ADDENDUM # ____________ DATED: _______________________

ADDENDUM # ____________ DATED: _______________________

As well as the premises and conditions affecting the work, proposes to furnish all services, labor, materials and equipment called for to complete the project in accordance with the contract documents for the following prices:

PRICE: LUMP SUM MONTHLY PRICE: $ __________________________________________

Pricing shall be a lump-sum price per month to maintain normal Recycling operations, with the number of runs per site being at least the MINIMUM number of runs as shown in the chart below, plus any additional runs required to maintain the sites to meet the required level as defined in the scope of service: Sites must be serviced according to the schedule established by the Recycling & Solid Waste Department (see chart below for minimum runs), supplemented as necessary to ensure sites are kept clean and containers are available at all times, including weekends and holidays, with sufficient capacity to receive materials brought to the site by County residents. More runs than the minimum may be required at times, such as Christmas, and those runs over the minimum must be included as part of the lump-sum monthly pricing.

Special Request Pricing: Occasionally, special requests outside of the normal, routine Recycling runs will be needed. For those special requests made by the County, the pricing shall be on a per/mile basis, round trip from the NHC main recycling facility.

SPECIAL REQUEST PRICE: $________________ per mile.

RECYCLING DROP OFF SITES - # TRUCK RUNS/DAV - minimum#

SITE MO

N

TUE WE

D

THUR FRI SAT SUN OTHER

Ogden Park 4 2 3 2 4 2 Wrightsville Beach 4 4 3 4 4 2 Murrayville 4 4 4 4 4 2 Veterans Park 7 Moose Lodge 6 3 5 3 6 2 Dept. Admin Office 1 New Hanover Correctional

Center (Prison)

1 pull/month

Marina (Wilmington Marine Center)

1 pull/month of a "-trailer w/cardboard

NHC Arboretum 4 pulls/year Wrightsboro Elementary

1 pull/month

Compost material

Transport - from zoo source site to

NHC

Landfill

3 pulls/year

Trash Loads from main recycling facility to NHC Landfill

4 4

REFERENCES: List three (3) References for similar work:

COMPANY CONTACT NAME PHONE EMAIL ADDRESS

Signature Title

State of Incorporation

Section 5 – New Hanover County Purchase Order Terms and Conditions

1. QUESTIONS CONCERNING THE PURCHASE ORDER: Contact the Bill To Department shown on the purchase order.

2. PURCHASE ORDER NUMBER: The purchase order number must appear on all invoices, packing slips, correspondence, and bill of lading. The County will not be responsible for goods delivered without a purchase order.

3. PRICE: If prices or terms do not agree with your quotation, you must notify the ordering Department immediately. All prices are quoted F.O.B. DESTINATION unless specifically indicated otherwise.

4. INVOICES: All invoices are to be mailed to the Bill To Department. Each purchase order must be invoiced separately. Invoices for partial shipments will be accepted and final invoices should indicate completion of order. The Purchase Order Number should be referenced on all invoices.

5. CASH DISCOUNTS: All cash discounts will be effective from the date an invoice is received and approved by the County and not the date the invoice is printed by the vendor

6. PAYMENT TERMS: The County agrees to pay all approved invoices Net Thirty (30) days from the date received and approved. The County does not agree to the payment of late charges or finance charges assessed by the seller for any reason. Invoices are payable in U.S. funds.

7. TAXES: New Hanover County is not Tax-Exempt. Prices shown on the County’s purchase orders do not include tax; however, all applicable taxes shall be paid by the County. Seller shall itemize taxes on the seller’s invoice. It should be noted that the County is exempt from Federal Excise Tax except as required to be paid by law.

8. QUANTITY: The specific quantity ordered must be delivered in full and will not be changed without the Purchasing’s consent. Any unauthorized quantity is subject to rejection and return at seller’s expense.

9. FREIGHT AND PACKAGING: Price quotations shall include freight, transportation, shipping, handling and similar charges. Collect freight shipments will be refused. The seller shall absorb any increase in rates becoming effective after the date hereof. The seller agrees to assume and pay all extra expense occurring on account of improper packaging.

10. SERVICES PERFORMED: All services rendered under this agreement will be performed at the Seller’s own risk and the Seller expressly agrees to indemnify and hold harmless New Hanover County, its officers, agents, and employees from any and all liability, loss or damage that they may suffer as a result of claims, demands, actions, damages or injuries of any kind or nature whatsoever by or to any and all persons or property.

11. INSURANCE: Contractor shall maintain at its own expense (a) Commercial General Liability Insurance in an amount not less than $1,000,000 per occurrence for bodily injury or property damage; New Hanover County, shall be named as additional insured. (b) Professional Liability insurance in an amount not less than $1,000,000 per occurrence – if providing professional services; to include Environmental Professional, if applicable. (c) Workers Compensation Insurance as required by the general statutes of the State of North Carolina and Employer’s Liability Insurance not less than $500,000 each accident for bodily injury by accident, $500,000 each employee for bodily injury by disease, and $500,000 policy limit; (d) Commercial Automobile Insurance applicable to bodily injury and property damage, covering all owned, non-owned, and hired vehicles, in an amount not less than $1,000,000 per occurrence as applicable. (e) Pollution Liability insurance in an amount not less than $1,000,000 per occurrence, if applicable.

Certificates of Insurance shall be furnished prior to the commencement of Services to: New Hanover County, 230 Government Center Drive, Suite 125, Wilmington, NC 28403.

12. APPLICABLE LAWS: By the acceptance of this order, seller represents that the goods covered by this order are in full compliance with all applicable local, state or federal laws and regulations and agrees to indemnify and defend New Hanover County against any loss, cost, liability or damage by reason of seller’s violation of any laws.

13. CANCELLATION: New Hanover County reserves the right to cancel this order, or any part thereof, at any time without penalty. Such cancellation may be based upon failure of the seller to comply with the terms and conditions of this transaction, failure to perform the work with promptness and diligence, failure to make shipment within the time specified or for any other reason which causes the seller not to perform as agreed.

14. ACCEPTANCE AND INSPECTION: All goods shall be subject to the County’s right of inspection and rejection. Risk of loss and title to all goods shall remain with the seller until acceptance has been made by the County. If goods are rejected, they will be returned at seller’s risk for credit or replacement at the County’s option and all handling and transportation expenses both ways shall be assumed by the seller. When goods have been rejected, the County shall have the right to cancel any unshipped portion of this order. Payment for supplies shall not constitute acceptance and is without prejudice to claims that the County may have against the seller.

15. WARRANTY: The seller expressly warrants that goods covered by this order will conform to the specifications, drawings, or samples furnished by the County and shall be free from defects in material and/or workmanship and shall be merchantable. This warranty shall survive any inspection, delivery acceptance or payment by the County. The seller also warrants that the goods do not infringe any patent, registered trademark or copyright and agrees to hold New Hanover County harmless in the event of any infringement or claim thereof. Additionally, seller warrants that the goods are free and clear of all liens and encumbrances and that seller has a good and marketable title to the same.

16. HAZARDOUS CHEMICALS: The seller shall ensure that each container of a hazardous chemical is labeled, tagged or marked with information required by OSHA’s Hazard Communication Standard, Department of Transportation requirements, and any applicable EPA requirements.

17. MATERIAL SAFETY DATA SHEETS (MSDS): The seller shall ensure that New Hanover County is provided an appropriate current MSDS with or prior to the initial shipment of a hazardous chemical, and with or prior to the first shipment after the MSDS is updated.

18. NON-DISCRIMINATION POLICY: New Hanover County does not discriminate on the basis of race, color, sex, national origin, religion, age or disability. Any contractors or vendors who provide services, programs or goods to the County are expected to fully comply with the County’s non-discrimination policy.

19. VERBAL AGREEMENT: The County will not be bound by any verbal agreements.

20. INDEPENDENT CONTRACTOR: It is mutually understood and agreed the seller is an independent contractor and not an agent of New Hanover County, and as such, seller, his or her agents and employees shall not be entitled to any County employment benefits, such as but not limited to vacation, sick leave, insurance, worker’s compensation, pension or retirement benefits.

21. GOVERNING LAW: All terms and conditions shall be interpreted in accordance with the laws of the State of North Carolina.

22. E-VERIFY COMPLIANCE: As a condition of payment for services rendered under this agreement, Seller shall fully comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further, if Seller provides the services to the County utilizing a subcontractor, Seller shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Seller shall verify, by affidavit, compliance with the terms of this section upon request by the County.

23. UNIFORM ADMINISTRATIVE REQUIREMENTS: By acceptance of this Purchase Order, the Vendor/Contractor agrees to comply with all applicable provision of Title 2, Subtitle A, Chapter II, Part 200-Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards contained in Title 2 CFR § 200 et seq.

Section 6 – Minority & Women Business Enterprise (MWBE) Program

(To be submitted with all bids)

Minority & Women Business Enterprise (MWBE) Program

FORM

A. Authorized Representative

I HEREBY AFFIRM THAT:

I am [name] , [title] , and the duly authorized representative of [Business Name] and that I possess the legal authority to make this statement on behalf of myself and the Business for which I am acting.

B. Affirmation Regarding MWBEB Program Acknowledgement and Compliance

I FURTHER AFFIRM THAT:

I am aware of and intend to comply with the County’s MWBE Program. As such [check one]:

The Business is certified as a woman- or minority-owned business by an accepted agency. (Attach proof certification)

The Business is a woman- or minority-owned business but has not been certified by an accepted agency. (Attach document of ownership such as articles of incorporation, current business license, K-1 of the most recent business tax return.)

The Business is not a woman- or minority-owned business; however, the bidder acknowledges the MWBE policy and if it should become necessary to subcontract some portion of the work at a later date or obtain materials or services in conjunction with this solicitation, the bidder will institute good faith efforts to comply with all requirements of the MWBE program in providing equal opportunities to MWBEs.

Signature: Date:

Section 7 – E-Verify Form

E-VERIFY

(To be submitted with all bids)

STATE OF NORTH CAROLINA COUNTY OF

I, (hereinafter Affiant), being duly authorized by and on behalf of (hereinafter "Employer") after first being duly sworn hereby swears or affirms as follows:

1. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5).

2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E- Verify in accordance with NCGS§64- 26(a).

3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. (Mark Yes or No)

a. YES , or

b. NO

4. Employer's subcontractors must comply with E-Verify and Employer will ensure compliance with E-Verify by any subcontractors subsequently hired.

This day of , 20 .

Signature of Affiant

Print or Type Name:

State of County of

Signed and sworn to (or affirmed) before me, this the day of , 20

My Commission Expires:

Notary Public

(Affix O fficial/N otarial Seal)

Notes to persons signing this form:

N.C.G.S. 147-86.59 requires this certification for bids or contracts with the State of North Carolina, a North Carolina local government, or any other political subdivision of the State of North Carolina. The certification is required at the following times:

• When a bid is submitted

• When a contract is entered into (if the certification was not already made when the vendor made its bid)

• When a contract is renewed or assigned

N.C.G.S. 147-86.60 requires that contractors with the State, a North Carolina local government, or any other political subdivision of the State of North Carolina must not utilize any subcontractor found on the State Treasurer’s Final Divestment List.

The State Treasurer’s Final Divestment List can be found on the State Treasurer’s website at the address www.nctreasurer.com/Iran and will be updated every 180 days.

Section 8 – Iran Divestment Act Certification

IRAN DIVESTMENT ACT CERTIFICATON

Name of Provider:__________________________________________

IRAN DIVESTMENT ACT CERTIFICATION

REQUIRED BY N.C.G.S. 147-86.55 et. seq.

As of the date listed below, the Company listed above or any of its subcontractors are not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 147-86.58.

The undersigned hereby certifies that he or she is authorized by the Provider listed above to make the foregoing statement.

Signature Date

Printed Name Title http://www.nctreasurer.com/Iran

STATE OF NORTH CAROLINA

AGREEMENT

THIS CONTRACT made and entered into this _____ day of

____________________ 202____ by and between NEW HANOVER COUNTY, a political subdivision of the State of North Carolina, hereinafter referred to as "County";

and _______________________, a ________________________, hereinafter referred to as "Contractor."

W I T N E S S E T H :

That the Contractor, for the consideration hereinafter fully set out, hereby agrees with the County as follows:

1. Scope of Services. Contractor shall provide all labor, equipment and materials to manage the transportation of recycling materials and the maintenance of recycling drop off sites located throughout New Hanover County, as more specifically described in Exhibit A, attached hereto, and incorporated herein by reference.

2. Time of Performance. The term of this Agreement shall begin from receipt of Notice to Proceed, and all work shall be completed by June 30, 2027. This agreement may be renewed for an additional two (2) one (1) year terms with written Notice of renewal by County.

3. Payment. County hereby agrees to pay for the cost of this Contract not to exceed a sum of $_______________. Payment is contingent upon a final County inspection and acceptance of work or services.

4. Extra Work. County and Contractor shall negotiate and agree upon the value of any extra work or services prior to the issuance of a County Change Order or Renewal/Amendment (CRA) form covering said extra work or services. Such Change

Order or CRA shall set forth the corresponding adjustment, if any, to the Contract Price and Contract Time.

5. Indemnity. Contractor shall indemnify and hold County, its officers, officials, agents, and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorney fees, for any property damages, personal injuries or death arising out of, relating to, or resulting from the negligence, willful act, or omission of Contractor, its agents, employees and subcontractors in the performance of work or services.

6. Insurance. Before commencing any work or services, Contractor shall procure insurance in Contractor’s name and maintain all insurance policies for the duration of the Contract of the types and in the amounts listed in this Contract. The insurance shall provide coverage against claims for injuries to persons or damages to property which may arise from operations or in connection with the performance of the work hereunder by Contractor, its agents, representatives, employees, or subcontractors, whether such operations by itself or anyone directly or indirectly employed by it.

7. Minimum Scope and Limits of Insurance

7.1. Commercial General Liability

7.1.1. Contractor shall maintain Commercial General Liability

(CGL) and if necessary, Commercial Umbrella Liability (CUL) insurance with a total limit of not less than $1,000,000 for each occurrence for bodily injury and property damage.

If such CGL insurance contains a general aggregate limit, it shall apply separately to this work or services, or the general aggregate shall be twice the required limit.

7.1.2. CGL insurance shall be written on Insurance Services

Office (ISO) “occurrence” form CG 00 01 covering CGL or its equivalent and shall cover the liability arising from premises, operations, independent contractors, products-completed operations, personal and advertising injury, and liability assumed under an insured contract, including the tort liability of another assumed in a business contract.

7.1.3. County, its officers, officials, agents, and employees are to be covered as additional insureds under the CGL by endorsement CG 20 26 or an endorsement providing equivalent coverage as respects to liability arising out of activities performed by or on behalf of Contractor; products and completed operations of

Contractor; premises owned, leased or used by Contractor; and under the CUL, if any.

The coverage shall contain no special limitations on the scope of protection afforded to

County, its officers, officials, agents, and employees.

7.1.4. Contractor’s CGL insurance shall be primary as

respects County, its officers, officials, agents, and employees. Any other insurance or self-insurance maintained by County, its officers, officials, agents, and employees shall be in excess of and shall not contribute to Contractor’s insurance.

7.2. Workers’ Compensation and Employer’s Liability

7.2.1. Contractor shall maintain Workers’ Compensation as

required by the general statutes of the State of North Carolina and Employer’s Liability

Insurance.

7.2.2. Employer’s Liability, and if necessary, CUL insurance

shall not be less than $1,000,000 for each accident for bodily injury by accident, $1,000,000 for each employee for bodily injury by disease, and $1,000,000 policy limit.

7.2.3. The insurer shall agree to waive all rights of subrogation against County, its officers, officials, agents, and employees for losses arising from work or services performed by Contractor for County.

7.3. Business Auto Liability

7.3.1. Contractor shall maintain applicable Business or

Personal Auto Liability and, if necessary, CUL insurance with a limit of not less than $1,000,000 each accident. Personal auto insurance may be accepted in lieu of

Business Auto Insurance.

7.3.2. Such insurance shall cover liability arising out of any auto, including owned, hired, and non-owned autos used in the performance of work or services.

7.3.3. Business Auto coverage shall be written on ISO form

CA 00 01, or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide Contractual liability coverage equivalent to that provided in ISO form CA 00 01.

7.3.4. Contractor’s Business Auto Liability insurance shall be primary as respects County, its officers, officials, agents, and employees. Any other insurance or self-insurance maintained by County, its officers, officials, agents, and employees shall be in excess of and shall not contribute to Contractor’s insurance.

7.4. Deductibles and Self-Insured Retentions

7.4.1. Any deductibles or self-insured retentions must be

declared to and approved by County. At the option of County, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects County, its officers, officials, agents, or employees; Contractor shall procure a bond guaranteeing payment of deductibles or self-insured retentions.

7.4.2. Contractor shall be solely responsible for the payment of all deductibles to which all policies are subject, regardless of whether County is an insured under the policy.

7.5. Miscellaneous Insurance Provisions.

7.5.1. Any failure to comply with reporting provisions of the policies listed in this Contract shall not affect coverage provided to County, its officers, officials, agents, and employees.

7.5.2. Each insurance policy required by this Contract shall

be endorsed to state that coverage shall not be canceled by either party except after thirty

(30) days prior written notice has been given to County, 230 Government Center Drive, Ste. #125, Wilmington, NC 28403.

7.5.3. If Contractor’s liability policies do not contain the

standard ISO separation of insureds provision, or a substantially similar clause, they shall be endorsed to provide cross-liability coverage.

7.6. Acceptability of Insurers. Insurance is to be placed with insurers licensed to do business in the State of North Carolina with an A.M. Best’s rating of no less than A VII unless County has granted a specific exemption.

7.7. Evidence of Insurance

7.7.1. Contractor shall furnish County with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements prior to commencing the work or services, and thereafter upon renewal or replacement of each certified coverage until all operations under this Contract are deemed complete.

7.7.2. Evidence of additional insured status shall be noted on the certificate of insurance as per requirements in this Contract.

7.7.3. With respect to insurance maintained after final

payment in compliance with requirements, an additional certificate(s) evidencing such coverage shall be provided to County with final application for payment and thereafter upon renewal or replacement of such insurance until the expiration of the period for which such insurance must be maintained.

7.8. Subcontractors. Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein. CGL coverage shall include independent contractors’ coverage, and Contractor shall be responsible for assuring that all subcontractors are properly insured.

7.9. Conditions

7.9.1. County may, at its discretion and with approval of Risk

Management and the Finance Department, accept letters of credit or custodial accounts in lieu of specific insurance requirements.

7.9.2. Contractor shall warrant the insurance contributing to the satisfaction of insurance requirements in this Contract shall not be canceled, terminated, or modified by Contractor without prior written approval of County.

7.9.3. Contractor shall promptly notify New Hanover County

Environmental Management and New Hanover County Risk Management at (910) 798-

7497 of any accidents arising in the course of operations under the Contract causing bodily injury or property damage.

7.9.4. County reserves the right to obtain complete, certified copies of all required insurance policies.

7.9.5. Failure of County to demand a certificate of insurance or other evidence of full compliance with these insurance requirements or failure of

County to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance.

7.9.6. County does not represent that coverage and limits will be adequate to protect Contractor and such coverage and limits shall not be deemed as a limitation of Contractor’s liability under the indemnities granted to County in this

Contract.

7.9.7. If Contractor fails to maintain the insurance as set forth herein, County shall have the right to purchase said insurance at Contractor’s expense.

Contractor agrees to reimburse County for all expenses incurred for such purchase.

7.9.8. Contractor or its agent may apply to County for approval of higher deductibles based on financial capacity and quality of the carrier affording coverage.

7.9.9. County shall have the right to prohibit Contractor or any subcontractor from performing work or services and may withhold payment until required certificates has been received and approved by County.

8. Independent Contractor. The parties mutually agree that the

Contractor is an independent contractor and not an agent of the County, and as such, the

Contractor shall not be entitled to any County employment benefits, such as, but not limited to, vacation, sick leave, insurance, workmen's compensation, or pension and retirement benefits.

9. Default and Termination. If Contractor fails to prosecute the work or services with such diligence as will insure its completion within the Contract time, or if

Contractor breaches any of the terms or conditions contained in this Contract and fails to cure said breach within two (2) days of County's mailing of Notice of Default, or otherwise fails to perform the work or services hereunder to the County’s reasonable satisfaction, County may terminate this Contract forthwith. Upon termination, County may, without prejudice to an action for damages or any other remedy, take the prosecution of the work or services out of the hands of Contractor. County may enter into another Contract for the completion of the Contract or use such other methods as may be required for the completion of the Contract. County may deduct all costs of completing the Contract from any monies due or which may become due to Contractor. In the event this Contract is terminated prior to completion of the services by the Contractor, the Contractor shall be paid for work or services performed to the date of termination. In no event will the amount due Contractor in the event of termination exceed that amount set forth in this Contract.

Nothing contained herein shall prevent the County from pursuing any other remedy, which it may have against Contractor, including claims for damages.

10. Termination for Convenience. County may terminate this Contract for convenience at any time and without cause. Upon receipt of notice, Contractor shall immediately discontinue providing the work or service and, if applicable, the placing any orders for any materials, facilities, and supplies in connection with the performance of the work or services of this Contract.

11. Non-appropriation. All funds for payment by County under this

Contract are subject to the availability of an annual appropriation of the New Hanover

County Board of Commissioners for the services provided under the Contract, County will terminate the Contract, without termination charge or liability, on the last day of the then-current fiscal year or when the appropriation made for then-current year for the services/items covered by this Contract is spent, whichever occurs first. If at any time funds are not appropriated for the continuance of this Contract, cancellation shall be accepted by the Contractor on ten (10) business days’ prior written notice, but failure to give such notice shall be of no effect and County shall not be obligated under this Contract beyond the date of termination.

12. Non-waiver of Rights. The parties mutually agree that either party's failure to insist upon the strict performance of any provision of this Contract or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this Contract.

13. Conflict of Interest. No paid employee of the County shall have a personal or financial interest, direct or indirect, as a contracting party or otherwise, in the performance of this Contract.

14. Subcontracts. The Contractor shall utilize no subcontractors for performing the work or services to be performed under this Contract without the prior written approval of the County.

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