RFP 24-0493 TRASH PICKUP AND DISPOSAL - FINAL.pdf

NEW HANOVER COUNTY

REQUEST FOR PROPOSALS

RFP# 24-0493

TRASH PICKUP AND DISPOSAL

COUNTY COMMISSIONERS

BILL RIVENBARK, CHAIR

LEANN PIERCE, VICE-CHAIR

JONATHAN BARFIELD, JR.

DANE SCALISE

ROB ZAPPLE

CHRIS COUDRIET, COUNTY MANAGER

REQUEST FOR PROPOSALS

RFP # 24-0493

TRASH PICKUP AND DISPOSAL

Proposals will be received by Anne McAllister, Business Officer for “RFP-24-0493 TRASH PICKUP AND DISPOSAL SERVICES” until 3:00 P.M. EST, Thursday, June 20, 2024.

The Vendor shall provide all labor, equipment, and materials for trash pickup and disposal services at various County buildings and facilities. Services shall include 95-gallon carts and/or 2, 4, 6, or 8 yard dumpster options in various locations and quantities that are picked up on a routine basis and hauled to the New Hanover County Landfill located at 5210 us HWY 421N, Wilmington, NC 28401.

Proposals should be emailed Anne McAllister, Business Officer. Please be sure to include “RFP-24-0493 TRASH PICKUP AND DISPOSAL SERVICES” in the subject line of the email.

Instructions for submitting proposals and complete requirements and information may be obtained by visiting the County’s website at https://www.nhcgov.com/bids.aspx.

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

Released: Monday, June 10, 2024 https://www.nhcgov.com/bids.aspx

2.1 – Schedule

Date Action Monday, June 10, 2024 RFP issued.

Thursday, June 13, 2024, By End of Business Deadline for questions Monday, June 17, 2024 Questions will be answered via written addendum.

Thursday, June 20, 2024, @3:00 PM Deadline for receipt Proposals

2.2 – Preparation of Bid

2.2.1 Vendors are instructed to submit Proposals by email to

amcallister@nhcgov.com . Please be sure to “RFP-24-0493 TRASH PICKUP AND DISPOSAL SERVICES” in the subject line of the email.

2.2.2 Completion of Bid Form (Price Sheet): Proposals should include completed bid form below (Proposed pick-ups for recycling carts & dumpsters – bid form). Those participating 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 are to be submitted on the price sheet contained in this bid package. PROPOSALS 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.

Vendors should initial changes or corrections made in the bid. No corrections will be permitted once bids have been opened.

2.2.3 Bids received after the time and date for closing will not be considered.

2.3 – Bid Opening There will be no formal bid opening. Vendors are instructed to email their bid to amcallister@nhcgov.com by 3:00 PM on Thursday, June 20, 2024. The subject line should contain “RFP-24-0493 TRASH PICKUP AND DISPOSAL SERVICES”.

2.4 – Questions Questions concerning this solicitation should be directed to Anne McAllister, Business Officer at amcallister@nhcgov.com. Questions should be submitted no later than Thursday, June 13, 2024, by end of business day. An addendum summarizing all questions and answers will be posted to the County’s website by close of business on Monday, June 17, 2024. Vendors 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:amcallister@nhcgov.com mailto:amcallister@nhcgov.com

2.5 – Communication Vendors may not have communications, verbal or otherwise, concerning this RFP with any personnel or boards from New Hanover County, other than the person listed in this section which is Anne McAllister, Business Officer. If any vendor attempts any unauthorized communication, the proposal may be rejected.

2.6 – Intent to Submit Vendors who intend to submit a proposal on this project should send an email to amcallister@nhcgov.com including pertinent contact information. This will ensure that you receive any addenda issued for this RFP; if applicable.

2.7 - Cost of Preparation of Response Costs incurred by prospective Vendors in the preparation of the response to this Request for Proposals are the responsibility of the Vendor and will not be reimbursed by the County.

2.8 – Ownership of Documents All proposals and accompanying documentation will become the property of New Hanover County at the time the proposals are received and as such will not be returned to the Vendor.

2.9- Trade Secret Confidentiality Upon receipt of your proposal by New Hanover County, your proposal is considered a public record except for material which qualifies as "trade secret" under N.C. General Statute 132-1.2.

After opening, your proposal 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.

2.10 - Withdrawal of Proposal Vendors may withdraw or withdraw and resubmit their proposal at any time prior to the closing time for receipt of Proposals. NO bid may be withdrawn after the scheduled closing time for receipt of proposals for a period of sixty (60) days.

2.11- 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 Vendor 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 Vendor 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.

2.12- Indemnity The successful Vendor 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 Vendor hereunder, resulting from the negligence of or the willful act or omission of the Bidder, his agents, employees and subcontractors.

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

2.14 - Addendum The RFP package constitutes the entire set of instructions to the bidder. The County shall not be responsible for any other instructions, verbal or written, given by anyone. Any changes to the specifications will be in the form of an Addendum which will be sent to all known Vendors who notified the Purchasing Supervisor of their intent to submit a proposal and posted on the County’s website.

You may visit our website at https://www.nhcgov.com/bids.aspx to check for the issuance of any addenda before submitting your proposal.

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.

https://www.nhcgov.com/bids.aspx

2.16 – Federal Uniform Guidance If the source of funds for this contract is federal funds, 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 U.S.C. 1352); Procurement of Recovered Materials (2 C.F.R. § 200.322); and Record Retention Requirements (2CFR § 200.324).

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

The successful Bidder to whom the Contract is awarded by the OWNER shall within ten (10) business days after notice of award deliver to the County all required documents necessary to execute the contract/purchase order. Failure to do so may result in the OWNER exercising its right to negotiate with the next lowest responsive responsible Bidder.

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 Successful Vendor

The successful Vendor 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).

2.21– Contract Term The initial contract period will begin on the date of a fully executed contract through June 30, 2027. The contract may be renewed for two (2) additional one-year periods with the consent of both parties ending June 30, 2029. The County shall notify the Vendor within 60 days of its intent to renew the contract and execute a renewal agreement to be signed by the Vendor.

https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.net_EnactedLegislation_Statutes_PDF_ByArticle_Chapter-5F55_Article-5F15.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=0L6aEJHvt1Mmr8yTlz-TxDjRZja01_KHZmlT9pmmLws&e https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_HTML_ByChapter_Chapter-5F55A.html&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=RNUUpeVwpkei54-kxabLRVS6ybAAhQVU0ZP7l_Zxi6k&e https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.net_EnactedLegislation_Statutes_PDF_ByArticle_Chapter-5F57D_Article-5F7.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=Ij7DMyPb9V1kpcHf2UNSKBvk3wJRxHciohPTDZ-9cwM&e https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_PDF_BySection_Chapter-5F59_GS-5F59-2D902.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=IR00bHzPYGidZDB0G7mvptrGglDO1y9xb2JpE02-zUs&e https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_PDF_BySection_Chapter-5F59_GS-5F59-2D902.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=IR00bHzPYGidZDB0G7mvptrGglDO1y9xb2JpE02-zUs&e https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_PDF_BySection_Chapter-5F59_GS-5F59-2D91.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=yKgp8Iy2gmgOepqKqQzA_pIpSEqH_YBEhdjv11N6f_c&e https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_HTML_ByChapter_Chapter-5F55B.html&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=yJeplm7yprSWyIJr8R3Ka31547aJlYpsQA60mHNyo9k&e https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_HTML_ByChapter_Chapter-5F55B.html&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=yJeplm7yprSWyIJr8R3Ka31547aJlYpsQA60mHNyo9k&e https://newhanovercountyncvss.munisselfservice.com/Vendors/default.aspx https://newhanovercountyncvss.munisselfservice.com/Vendors/default.aspx

2.20 - Insurance Limits See Draft Contract Below.

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

2.22 – 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.

Section 3– Scope of Services

SCOPE OF WORK FOR TRASH SERVICES AT COUNTY FACILITIES:

New Hanover County's Recycling & Solid Waste Department provides services for trash removal to all County operated facilities. This option currently includes 95-gallon carts and/or 2, 4, 6 or 8 yard dumpster options in various locations and quantities, that are picked up on a routine basis and hauled to the New Hanover County Landfill located at 5210 US HWY 421N, Wilmington, NC 28401.

Pick-ups are scheduled weekly and shall be billed monthly.

Contractor shall provide the collection containers to our facilities.

Damaged containers shall be replaced or repaired by the Contractor.

Contractor shall pay all tipping fees. Billing is through the New Hanover County Landfill.

The bid form that is attached as "Exhibit A" to the draft contract is a list of the current properties and how they are currently set up for trash removal services. These needs may change over the course of the term of this contract and the pricing and services will be mutually agreed upon between the County and the vendor as changes occur. For example, Project Grace is under construction, but will need trash services once the project is complete.

Confirmed missed pick-ups or extra requested pick-ups must be completed within 24 hours of notification from the Recycling & Solid Waste Admin Office. As needs arise, extra pick-ups may be requested, for example a yard debris pick-up during tree pruning season at the Arboretum.

Section 4– Bid Proposal Sheet

See "Exhibit A" of Draft Contract below.

E-VERIFY

(Submit with your Proposal)

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/Notarial 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.

RFP Number:

(To be submitted with the RFP) 24-0494

Name of Respondent:

IRANDIVESTMENT ACT CERTIFICATION

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

As of the date listed below, the Contractor 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 Contractor listed above to make the foregoing statement.

Signature Date

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

New Hanover County Contract # 24-0493 DRAFT

Acct# 70080200 700000 Req. TBD

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 for trash pickup and disposal services at various County buildings and facilities, as more specifically described in Exhibit A, attached hereto, and incorporated herein by reference. Damaged containers shall be replaced or repaired by Contractor.

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 renew for two (2) additional 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.

15. Entire Contract. This Contract constitutes the entire understanding of the parties.

16. Binding Effect. This Contract shall be binding upon the parties hereto, and their heirs, successors, executors, administrators, and assigns.

17. Severability. If any provision of this Contract is held unenforceable, all remaining provisions of this Contract shall remain in full force and effect.

18. Inclusive Terms. Use of the masculine herein shall include the feminine and neuter, and the singular shall include the plural.

19. Governing Law. All of the terms and conditions contained herein shall be interpreted in accordance with the laws of the State of North Carolina.

20. E-Verify Compliance. Pursuant to N.C.G.S. 143-133.3, Contractor shall fully comply with the U.S. Department of Homeland Security employee legal status

E-Verify requirements for itself and all its subcontractors. Violation of the provision, unless timely cured, shall constitute a breach of Contract.

21. Compliance with Federal Law. If applicable, all federally funded projects, loans, grants, and sub grants whether funded in part or wholly, must be procured in a manner that conforms with all applicable Federal laws, policies, and standards, including those under the Uniform Guidance (2 C.F.R. Part 200).

22. Notices. All notices required hereunder to be sent to either party shall be sent to the following designated addresses, or to such other address or addresses as may hereafter be designated by either party by mailing of written notice of such change of address, by Certified Mail, Return Receipt Requested:

To County:

New Hanover County Environmental Management Attn: Anne McAllister 5210 U.S. 421 N Wilmington, NC 28401

To Contractor:

23. Assignability. The parties hereto agree that this Contract is not transferable and shall not be assigned by either party without the written consent of the other party to this Contract.

24. Contract Under Seal. The parties hereto expressly agree to create a

Contract under seal.

IN WITNESS WHEREOF, the parties have hereunto affixed their hands and seals, the day and year first above written and by authority duly given.

CONTRACTOR.

________________________________ (Seal) President

ATTEST:

Secretary

STATE OF ______________

_________________COUNTY

I, ____________________________, a Notary Public of the State and County aforesaid, certify that _______________________ came before me this day and acknowledged that (s)he is President of ____________________, a_______________________, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed and sealed in its name by its President.

WITNESS my hand and official seal, this ____ day of ___________________, 202____.

Notary Public

My commission expires: ________________

[ REST OF PAGE INTENTIONALLY BLANK.

NEW HANOVER COUNTY DIGITAL SIGNATURE PAGE FOLLOWS EXHIBIT A AND IS

INCORPORATED HEREIN BY REFERENCE]

SCOPE OF WORK FOR TRASH SERVICES AT COUNTY FACILITIES:

New Hanover County's Recycting & Sotid Waste Department provides services for trash removal to atl County operated facitities. This option currentty inctudes 9S-gatton carts and/or 2, 4,6 or 8 yard dumpster options in various locations and quantities, that are picked up on a routine basis and hauted to the New Hanover County Landfitt located at

5210 US Hlu|o( 421N, Witmington, NC 28401.

Pick-ups are scheduted weekty and shatt be bitted monthty.

Contractor shal,t provide the cottection containers to our facitities. Damaged containers shatl, be reptaced or repaired by the Contractor.

Contractor shatl, pay att tipping fees. Bitting is through the New Hanover County Landfitt.

The bid form that is attached as "Exhibit A" to the draft contract is a tist of the current properties and how they are currentty set up for trash removat services. These needs may change over the course of the term of this contract and the pricing and services witt be mutuatty agreed upon between the County and the vendor as changes occur. For exampte, Project Grace is under construction, but wil,t need trash services once the project is comptete.

Confirmed missed pick-ups or extra requested pick-ups must be compteted within 24 hours of notification from the Recycting & Sotid Waste Admin Office. As needs arise, extra pick-ups may be requested, for exampte a yard debris pick-up during tree pruning season at the Arboretum.

Exhibit A

PROPOSED PICK.UPS FOR TRASH CARTS & DUMPSTERS - BID FORM

New Hanover C-ounty's Recyllng & Solid Waste Department provides s€rvices for trarh disposal and removal to County-opeEted factlities.

Pi.l-uE .re scheduled weekly and will b. blll.d on a montht b.sis.

Contractor rhall povide @lle.llon containeB to our f..ilhi€s- The Cont a.torwlllp.y alltlpping fee5, Disporal end bltttng tsthrcugh the N4 H.nover County Landf .

County! nEedr chenge. The County wlll notify .w.dee of any changes.

FACTUTY DESCRTPTION/LOCATION

NHC PROPERTIES

qUANTITY UNIT

CAPACITY OF

CONTAINER

PICK-UPS PER

WEEK AT SITE

COST PER MONTH COST PER EXTRA PICK UP PROPOSED PICKUP DAY(SI

AIRLIE GARDEN

3OO AIRLIE GARDENS DR

1 CONTAINER 8 YARD DUMPSTER 2

ANIMAL CONTROL

180 DtVtStON DR

1 CONTAINER 4 YARD DUMPSTER 1

ANIMAL CONTROL

L80 DtVtStON DR

(animal carcasses)

7 CONTAINER 4 YARD DUMPSTER 3

CAPE FEAR MUSEUM

814 MARKET ST

1 CONTAINER 4 YARD DUMPSTER 2

COOPERATIVE EXTENTION

6206 OLEANDER DR

1 CONTAINER 8 YARD DUMPSTER 1

EMERGENCY MGMT

21OO CAPITOL DR

1 CONTAINER 8 YARD DUMPSTER 1

GANG TASK FORCE

718 S 3RD ST

1 CONTAINER 4 YARD DUMPSTER 1

GOVERNMENT CENTER

230 GOVERNMENT CENTER

Bock entrance trosh boy

2 CONTAINER 8 YARD DUMPSTER 3

HEALTH DEPT

2029 S 17TH ST

1 CONTAINER 8 YARD DUMPSTER 5

JArL/CSr

3950 JUVENILLE CENTER RD

7 CONTAINER 5 YARD DUMPSTER 3

JAIL/DETENTION

3950 JUVENILLE CENTER RD

4 CONTAINER 8 YARD DUMPSTER 5

JUDICIAL BUILDING

315 PRINCESS ST

1 CONTAINER 8 YARD DUMPSTER 5

MEDIC #1

3830 JUVENILE CENTER DR

1 CONTAINER 1

MArN LTBRARY (PARK|NG DECK)

201 CHESTNUT ST

1 CONTAINER 8 YARD DUMPSTER 3

NORTHEAST LIBRARY

1241 MILITARY CUTTOFF RD

1 CONTAINER 8 YARD DUMPSTER 2

PINE VALLEY LIBRARY

3802 S COLLEGE RD

4 CONTAINER 95 GALLON CART I

PLEASURE ISLAND LIBRARY

1401 LAKE PARK BLVD

Bock entronce

1 CONTAINER 2 YARD DUMPSTER 1

95 GALLON CART

PROPERTY MANAGEMENT

DIVISION DRIVE

2 CONTAINER 8 YARD DUMPSTER 3

REGISTER OF DEEOS

320 CHESTNUT ST

1 CONTAINER 8 YARD DUMPSTER 1

SENIOR CENTER

2222 S COLLEGE

Bock entronce

1 CONTAINER 8 YARD DUMPSTER 2

SHERIFF FIRING RANGE

1235 HWY 421 N

1 CONTAINER 4 YARD DUMPSTER 1

SOCIAL SERVICES

1650 GREENFIELD ST

1 CONTAINER 8 YARD DUMPSTER 5

TOTAL COST/MONTH

FAC!LITY DESCRTPTION/IOCAT|Oil

NHC PARKS QUANTIW UNIT

CAPACITY OF

CONTAINER

PtCK-UPS PER

WEEX AT SITE

COST PER MONTH COST PER EXTRA PICK UP PROPOSED PTCKUP DAY(S)

ECHO FARMS PARK

ECHO FARMS BLVD

1 CONTAINER 8 YARD DUMPSTER 1

CAPE FEAR OPTIMIST

3222 N KERR AVE

1 CONTAINER 8 YARD DUMPSTER 2 (Mon & Fri pref€rred)

CAPE FEAR REGIONAL SOCCERPLEX

205 SUTTON STEAM PLANT RD

Accessible 24/7 (neor woter table)

1 CONTAINER 8 YARD DUMPSTER 1

EATON ELEMENTARY FIELDS

6701 GORDON RD

(gravel lot of Ogden park Dr)

2 CONTAINER 8 YARD DUMPSTER 2 (Mon & Fri preterred)

GORDON ROAD FIELDS -

soccER/FooTBALL

615 OGDEN PARK DR

1 CONTAINER 8 YARD DUMPSTER 2 (Mon & Fri prefe.red)

LONG LEAF PARK

314 PINE GROVE DR

Locoted in baseboll field complex porkins lot

3 CONTAINER 8 YARD DUMPSTER 2 (Mon & tri pref€rred)

OGDEN PARK

225 OGDEN PARK DR

Opens doily ot &om; 7 boseboll field complex; 7 soccer fields porking lot; 2 Eoton School soccer fields porkino lot

4 CONTAINER 8 YARD DUMPSTER 2 (Mon & Fri preferred)

TRAILS END BOAT RAMP

TRAILS END RD

1 CONTAINER 8 YARD DUMPSTER 1

VETERANS PARK

835 HALYBURTON MEMORIAL PKWY

Accessible 24/7 (neor woter toble)

3 CONTAINER 8 YARD DUMPSTER 2 (Mon & Fri preferred)

TOTAL COST/MONTH

FACIITTY DESCRTPTTON/LOCATION

NHC FIRE STATIONS QUANTITY UNIT

CAPACITY OF

CONTAINER

PICK.UPS PER

WEEK AT SITE

COST PER MONTH COST PER EXTRA P]CK UP PROPOSED PtCt(UP DAY(S)

CASTLE HAYNE FIRE STATION 13

53].1. CASTLE HAYNE RD

1 CONTAINER 4 YARD DUMPSTER 1

421 FIRE STATION

3805 HWY 421 N

1 CONTAINER 2 YARD DUMPSTER 1

FEDERAL POINT FIRE STATION

9815 RIVER RD

1 CONTAINER 4 YARD DUMPSTER 1

MURRAWILLE FIRE STATION 17

5901 MURRAWILLE RD

1 CONTAINER 4 YARD DUMPSTER t

MYRTLE GROVE FIRE STATION

5636 CAROLINA BEACH RD

1 CONTAINER 4 YARD DUMPSTER 1

OGDEN FIRE STATION

7375 MARKET ST

1 CONTAINER 6 YARD DUMPSTER 1

PORTERS NECK FIRE STATION

8310 SHTRAZ WAY

1 CONTAINER 4 YARD DUMPSTER 1

WRIGHTSBORO FIRE STATION 11

3515 NORTH KERR AVE

1 CONTAINER 5 YARD DUMPSTER 1

TOTAL COST/MONTH

GRAND TOTAT ANNUAT COST

FACTLTTY DESCRTPTION/LOCAT|ON

NHC AS NEEDED VEGETATIVE

qUANTITY UNIT

CAPACIW OF

CONTAINER

PICK.UPS AT SITE COST PER DUMP COST PER EXTRA PICK UP

LONG LEAF PARK

314 PINE GROVE DR

Vegetotive

1 CONTAINER 30 YARD DUMPSTER

PER DUMP COST

oNLY (NOT A

MONTHLY RATE}

LONG LEAF PARK

314 PINE GROVE DR

Vegetotive; porking lot ot WPO

Boseboll

1 CONTAINER 15 YARD DUMPSTER

PER DUMP COST

ONLY (NOT A

MONTHLY RATE)

OGDEN PARK

225 OGDEN PARK DR

Vegetotive

1 CONTAINER 30 YARD DUMPSTER

PER DUMP COST

oNLY (NOT A

MONTHLY RATE)

OGDEN PARK

225 OGDEN PARK DR

Vegetotive

1 15 YARD DUMPSTER

PER DUMP COST

oNLY (NOT A

MONTHLY RATE)

AUTHORIZED SIGNATURE

PRINTED NAME

DATE

CONTAINER