RFP_CARTER_COUNTY_DEBRIS_MONITOR_V6_10-7-24.pdf

REQUEST FOR PROPOSAL

TO ESTABLISH

Debris Monitoring Assistance for Carter County Tennessee DR-4832-TN

To: Debris Monitoring Companies interested in Services for Carter County Tennessee to Establish a Contract (Note: Multiple Contracts may be awarded).

From: Finance Office

Date: October 15th, 2024

Subject: Request for Proposal (RFP) for Debris Monitoring Firms to Assist Carter County for

DR-4832

Contact Name: Finance Office

Contact Phone Number: Tina Campbell 423-542-3968 office or 423-534-5119 cell

Contact E-mail Address:

Questions are due by October 17th, 2024 at 10a.m.

SUMMARY OF THE RFP

Carter County Tennessee, (hereinafter “County”) a Non-State Entity presiding as a Local Government, is seeking qualified Firms for Disaster Debris Monitoring Assistance to establish a Contract or Contracts for Tropical Storm Helene destruction.

This Request for Proposal (RFP) is issued following a Disaster that warrants outside assistance where the County Personnel, Equipment, and Mutual Aid Agreements are not sufficient for the event. This RFP is for Debris Monitoring for FEMA “Category A” only.

Carter County will utilize the Tennessee Procurement Manual (TPM) as established and maintained by the Tennessee Central Procurement Office (CPO). The Tennessee Procurement Manual shall serve as a guideline in keeping compliance with Federal, State, and Local procurement requirements. For information see:

https://www.tn.gov/content/dam/tn/generalservices/documents/cpo/procurement-commission-meetings/pc-meeting-12-14-17/cpo-and-library-page/Procurement_Procedures_Manual_of_the_CPO_finalcopy_12.14.17.docx Respondents shall acknowledge their Legal Counsel has reviewed the CPO guidelines in their response.

Information is sought for Debris Monitoring of disaster related debris, of every kind and nature from public rights of way (and/or private property if approved by the State), as further described below and in the attachments. Private Right of Way Access or Right of Entry (ROE) may or may not be part of this project however if the County, State, or FEMA authorizes ROE it will become part of this project.

Respondent should be aware of all Historical Preservation Laws; Carter County has multiple listings on the Historical Register and can be found at https://nationalregisterofhistoricplaces.com/TN/carter/state.html

The County will seek Services County-wide. The County will evaluate the Information and establish a Short List of firms that will be invited for final interviews. Respondent should be aware the County may elect to utilize multiple companies for Monitoring should the event size require such action.

Respondent is cautioned to review this RFP as the Federal Office of Management and Budget has introduced guidelines per the "Super Circular" (2 CFR 200.318 through 326 for non federal entities) for all Federal Agencies participating in Federal Grants including FEMA and the FHWA. As part of the combinations within the Super Circular, A-102 combines 44 C.F.R 13.36 with 2 CFR 200.318 to 326. Respondents shall acknowledge their Legal Counsel has reviewed the OMB Super Circular Guidelines in their response.

It shall be noted that this Request for Proposal is consistent with the FEMA PUBLIC ASSISTANCE PROGRAM AND POLICY GUIDE FP-104-009-2 V5 June 2024, THE PUBLIC ASSISTANCE GRANTEE AND SUBGRANTEE PROCUREMENT

REQUIREMENTS UNDER 44 C.F.R. PT. 13 AND 2 C.F.R. PT. 215 (December 2014), and PROCUREMENT GUIDANCE FOR RECIPIENTS AND SUBRECIPIENTS

UNDER C.F.R PART 200 (UNIFORM RULES) SUPPLEMENT TO THE PUBLIC

ASSISTANCE PROCUREMENT DISASTER ASSISTANCE TEAM (PDAT) FIELD MANUAL

(June 2016). Respondents shall acknowledge their Legal Counsel has reviewed these three (3) Publications in their response.

Compliance with Federal Law, Regulations and Executive Orders

This is an acknowledgement that FEMA financial assistance will be used to fund the contract. Contractor will comply with all applicable federal laws, regulations, executive orders, FEMA policies, procedures, and directives.

The objective of this RFP is to establish Debris Monitoring Services for DR-4832-TN.

Respondent shall appoint a single Point of Contact (SPOC) for the Project that shall be responsible for managing staff, working with the County, the Tennessee Emergency Management Agency (TEMA), FEMA, and the FHWA as requested. The RFP response should be clear on how the Respondent will assist Carter County for Debris Monitoring.

Carter County will receive proposals from firms having specific experience and qualifications in the areas identified in this request. For consideration, information must contain evidence of experience and abilities in the specified area and other disciplines directly related to Debris Monitoring. Other information required by the

County may be included elsewhere in the proposal.

Respondent shall provide key resumes of staff to be assigned to projects.

References and examples of similar work, and other data that demonstrates the Respondent’s experience in the area of Debris Monitoring will also be required.

A County Debris Committee will review and assess all proposals. The committee will only have the proposals to review for selection of Respondent(s). It is therefore important that Respondent emphasizes specific information pertinent to the work.

Assessments/Scoring of the proposals will be based as follows:

A. The overall quality of the plan for performing Debris Monitoring Services including Safety Practices and Historic Preservations. The plan must maintain a full understanding of the requested services, integrity, and compliance with public policy. Consideration will be given to the entirety and specific requirements of the request. (Important-20 points)

B. Respondent ability to perform the Debris Monitoring Services as reflected by past performance, general experience, specific experience in providing the services, and the qualifications and abilities of personnel to be assigned to perform such services. (Very Important – 20 points)

C. The personnel, equipment, facilities, technical, and financial resources to perform this type service currently available or demonstrated to be made available at the time of request and possible future contracting. (Important – 20 points)

D. A record of past performance of similar work. (Critical – 20 points)

E. Price (Critical-20 points)

Response shall contain the following Information:

1. Be authorized to conduct business in the State where your Office Headquarters is located.

2. Be able to provide Monitoring of all disaster related debris, as set forth in the Scope of Services hereto and incorporated herein by reference (the “Services”).

3. Be willing and capable of performing the Services in a timely manner, including, but not limited to, maintenance of proper documentation, proper documentation preparation and management and event closure services.

4. Be knowledgeable and have experience in the provision of the Services and in insuring that Services are in line with FEMA practices.

5. Be able to perform the Services in a timely manner and on short notice, recognizing that in the event of a Task Order, the County desires maximum percentage of completion of projects within the allotted time frames. Maximum Debris Removal within the first 60 days of the event is desirable.

6. Provide SAM (System for Award Management) EIN Number.

Respondent additional information:

1. Name of Respondent, location of Respondent’s principal place of business, and the place of performance for any proposed contract.

2. Age of responder’s business and the average number of employees over the past three (3) years.

3. Resume’ listing abilities, qualifications, and experience of key individuals who will be assigned to provide the required services.

4. Listing of five similar projects under which services similar in scope, size, or discipline were performed or undertaken, including at least three (3) references for current projects or those awarded during the past six (6) years.

5. List five (5) or more projects to include the names and addresses of the projects, the scope of the project, and the names and telephone numbers of the clients for reference purposes. All information in the request must be completed.

Proposals containing incomplete data will be rejected.

6. A Technical Plan giving as much detail as practical explaining how the services will be performed.

7. Plan for subcontractor participation. Note, Vendors are advised to contact and utilize small, minority, women-owned, and labor surplus area firms.

Respondents can utilize the Tennessee Governor’s Office of Diversity Business Enterprises (GoDBE); or other state systems, to assist in identifying such companies. A Disadvantaged Business Enterprise (DBE) may also be considered. Respondent shall provide a minimum one-half page article on how they will address this issue.

INSURANCE REQUIREMENTS

Prior to signing of any contract, Respondent agrees to furnish the County with all applicable certificates of insurance. The Respondent shall be able to cover expenses associated with a major recovery operation prior to the initial payment and between subsequent payments as well as the aforementioned insurance. Proof of Insurability must be provided with the proposal.

Within 24 hours following the signing of any contract, Respondent shall provide copies of insurance policies including all endorsements.

A. Commercial General Liability and Errors and Omissions - in the amount of one million dollars ($1,000,000.00) per occurrence.

B. Worker's Compensation - Proposer shall provide a policy with employer’s liability coverage with limits of not less than one million dollars ($1,000,000.00) per occurrence for each accident or illness. The Worker’s Compensation policy shall state that it cannot be cancelled or materially changed without first giving thirty (30) days prior notice thereof in writing to the Owner. Firms that have owner/operators that have filed a "Notice of Election to be Exempt" shall supply a signed copy of said notice. Any such exemption shall meet the requirements that qualify for an exemption under the applicable Worker’s Compensation law.

C. Business Automobile Liability – Proposer shall provide coverage for all owned, non-owned and hired vehicles with limits of not less than $1,000,000, per occurrence, Combined Single Limits (CSL) or its equivalent.

D. Professional Liability (Errors & Omissions) – Proposer shall provide coverage for all claims arising out of the services performed with limits not less than $1,000,000 per claim. The aggregate limit shall either apply separately to any contract or shall be at least twice the required per claim limit.

The Respondent shall save and hold the County harmless from and against all liability, claims and demands on account of personal injuries (including without limitation workmen’s compensation and death claims) or property loss or damages of any kind whatsoever, which arise out of or be in any manner connected with, or are claimed to arise out of or be in any manner connected with, the performance of any contract, regardless of whether such injury, loss or damage shall be caused by, or be claimed to be caused by, the negligence or other fault of the Responder, any subcontractor, agent or employee.

Response All submitted RFPs become the property of the County and subject to all applicable public records laws include the Tennessee Public Records Act.

Carter County reserves the right to accept, reject, or negotiate any or all proposals on the basis of the criteria contained within this document. The final decision to execute a contract with any party will be decided by the County.

Response Acceptance The original and four (4) copies of the response and all attachments (five copies total) along with one electronic copy of the proposal saved as a .pdf file and stored on a CD or jump drive shall be signed and submitted in a sealed envelope or package to:

Carter County Finance Office, 801 East Elk Ave., Suite 201, Elizabethton, TN 37643 no later than 10:00 a.m. Eastern Standard Time on October 17th, 2024.

No electronic or facsimile copies of the RFP will be accepted. Timely submission of the RFP is the responsibility of the Respondent. Offers received after the specified time shall be rejected and returned to the Respondent unopened. The envelope or package shall be marked with the RFP opening date and time and the name and number of the request for RFP. The time and date of receipt shall be indicated on the envelope or package by the County Finance Office. Each page of the RFP, all attachments and the CD/Jump Drive shall be identified with the name of the Respondent.

Proprietary Information The Respondent should clearly mark any and all pages of the proposal considered to be proprietary information which may remain confidential in accordance with current State Code.

When the County receives a request to release information properly designated as confidential or proprietary by a Respondent, the County shall give the owner of this information a reasonable time to obtain a court order protecting the information as confidential. If the County receives a court order it must then notify the requestor that the information is protected by court order and cannot be furnished.

Debarment By submitting a response to this RFP, the Respondent including principles and or owners certifies that he/she is not currently debarred from participating in any Federal or State Grant Programs.

Procurement Regulations and Guidelines Respondents are required to review the Tennessee Central Procurement Office (CPO) Rules and Regulation that will be utilized for contracts:

https://www.tn.gov/content/dam/tn/generalservices/documents/cpo/procurement-commission-meetings/pc-meeting-12-14-17/cpo-and-library-page/Procurement_Procedures_Manual_of_the_CPO_finalcopy_12.14.17.docx.

Respondent must accept these guidelines to establish a quick and clear understanding of the County guidelines.

The following clauses are required conditions when soliciting information for personal services:

1. Acknowledgment of Amendments Respondent shall acknowledge receipt of any amendments by copying and signing and being a part of the request. Amendments may include Questions/Answers.

2. Applicable Law Any Contract as a result of this RFP shall be governed by and construed in accordance with the laws of the State of Tennessee, excluding conflicts of law's provisions, and any litigation with respect thereto shall be brought in the courts of the state. The Respondent shall comply with applicable federal, state, and local laws and regulations.

3. Availability of Funds It is expressly understood and agreed that the obligation of the County to issue a contract as a result of this RFP is conditioned upon the appropriation of funds by Carter County.

4. Representation Regarding Contingent Fees Respondent represents that it has not retained a person to solicit or secure a contract upon an agreement or understanding for a commission, percentage, brokerage, or contingent fee, except as disclosed in Respondent’s proposal.

5. Representation Regarding Gratuities The Respondent represents that it has not violated, is not violating, and promises that it will not violate the prohibition against gratuities set forth in Section 7-204 (Gratuities) of the Tennessee Personal Service Contract Procurement Regulations.

6. Compliance with Laws The Respondent understands that the County is an equal opportunity employer and therefore maintains a policy which prohibits unlawful discrimination based on race, color, creed, sex, age, national origin, physical handicap, disability, or any other consideration made unlawful by federal, State, or local laws. All such discrimination is unlawful and the Respondent agrees during the term of any agreements that the Respondent will strictly adhere to this policy in its employment practices and provision of services. The Respondent shall comply with, and all activities under this agreement shall be subject to, all applicable federal, State of Tennessee, and local laws and regulations, as now existing and as may be amended or modified.

7. E-Verification Respondent represents and warrants that it will ensure its compliance with the Tennessee Employment Protection Act (Senate Bill 2988 from the 2008 Regular Legislative Session) and will register and participate in the status verification system for all newly hired employees. The term “employee” as used herein means any person that is hired to perform work within the State of Tennessee. As used herein, “status verification system” means the Illegal Immigration Reform and Immigration Responsibility Act of 1996 that is operated by the United States Department of Homeland Security, also known as the E-Verify Program, or any other successor electronic verification system replacing the E-Verify Program.

Respondent agrees to maintain records of such compliance and, upon request of the State, to provide a copy of each such verification to the State. Respondent further represents and warrants that any person assigned to perform services hereunder meets the employment eligibility requirements of all immigration laws of these warranties, the breach of which may subject Respondent to the following:

(1) Termination of this Agreement and ineligibility for any state or public contract in Tennessee for up to three (3) years, with notice of such cancellation/termination being made public; or,

(2) The loss of any license, permit, certification or other document granted to Respondent by an agency, department or governmental entity for the right to do business in Tennessee for up to one (1) year; or,

(3) Both.

In the event of such termination/cancellation, Respondent would also be liable for any additional costs incurred by the State due to contract cancellation of license or permits.

8. Transparency: Contracts, including any accompanying exhibits, attachments, and appendices, are subject to the “Tennessee Open Records Act,” and its exceptions. See Tennessee Comptroller of the Treasury (https://www.comptroller.tn.gov/openrecords/faq.asp).

9. Approval It is understood that any contract requires approval by the Board of County Commissioners for Carter County. If a contract is not approved, it is void and no payment shall be made hereunder.

10. Confidential Information “Confidential Information” shall mean: (a) those materials, documents, data, and other information which the Respondent has designated in writing as proprietary and confidential; and, (b) all data and information which Respondent acquires as a result of its contact with and efforts on behalf of the customer and any other information designated in writing as confidential by the County. Each party to this agreement agrees to the following:

(1) to protect all confidential information provided by one party to the other;

(2) to treat all such confidential information as confidential to the extent that confidential treatment is allowed under state and/or federal law; and,

(3) except as otherwise required by law, not to publish or disclose such information to any third party without the other party's written permission; and,

(4) to do so by using those methods and procedures normally used to protect the party's own confidential information.

Any liability resulting from the wrongful disclosure of confidential information on the part of Respondent or its subcontractors shall rest with the Responder.

11. Confidentiality Notwithstanding any provision to the contrary contained herein, it is recognized that Carter County is a public entity in the State of Tennessee and is subject to the Tennessee Public Records Act. Tenn. Code Ann. § 10-7-501 et seq. If a public records request is made for any information provided to the County pursuant to any agreement, the County shall promptly notify the disclosing party of such request and will respond to the request only in accordance with the procedures and limitations set forth in applicable law. The disclosing party shall promptly institute appropriate legal proceedings to protect its information. No party shall be liable to the other party for disclosures of information required by court order or required by law.

12. Attorney’s Fees and Expenses Subject to other terms and conditions of possible future contracts, in the event the Respondent defaults in any obligations under the agreement, the Respondent shall pay to the County all costs and expenses (including, without limitation, investigative fees, court costs, and attorney’s fees) incurred by the County in enforcing this agreement or otherwise reasonably related thereto. Respondent agrees that under no circumstances shall the County be obligated to pay any attorneys’ fees or costs of legal action to any Respondent.

13. Authority to Contract Respondent warrants: (a) that it is a validly organized business with valid authority to enter into an agreement; (c) that entry into and performance into an agreement is not restricted or prohibited by any loan, security, financing, contractual, or other agreement of any kind, and (d) notwithstanding any other provision of agreements to the contrary, that there are no existing legal proceedings or prospective legal proceedings, either voluntary or otherwise, which may adversely affect its ability to perform its obligations under any agreement.

14. Respondent’s Personnel The County shall, when contracting, have the right of reasonable rejection and approval of staff or Subcontractors.

15. Failure to Deliver In the event of failure of the Respondent to deliver services in accordance with the terms and conditions of any contract, the County, after due written notice, may procure the services from other sources and hold the Respondent responsible for any resulting additional purchase and administrative costs. This remedy shall be in addition to any other remedies that the County may have.

16. Failure to Enforce Failure by the County at any time to enforce contractual provisions will not be construed as a waiver of any such provisions. Such failure to enforce shall not affect the validity of any contract or any part thereof or the right of the County to enforce any provision at any time in accordance with its terms.

17. Independent Respondent Status Respondent shall, at all times, be regarded as an independent Respondent under future contracts and shall at no time act as an agent for the County. Nothing contained herein shall be deemed or construed by the County, the Respondent, or any third party as creating the relationship of principal and agent, master and servant, partners, joint ventures, employer and employee, or any similar such relationship between the County and the Respondent.

18. No Limitation of Liability Nothing in any future Agreement shall be interpreted as excluding or limiting any tort liability of the Respondent for harm caused by the intentional or reckless conduct of the Respondent or for damages incurred through the negligent performance of duties by the Respondent or the delivery of products that are defective due to negligent construction.

19. Notices All notices required or permitted to be given under any agreement must be in writing and personally delivered or sent by certified United States mail, postage prepaid, return receipt requested, to the party to whom the notice should be given at the address set forth below. Notice shall be deemed given when actually received or when refused. The parties agree to promptly notify each other in writing of any change of address.

For the Respondent:

Name: ____________________________________________

Title: _____________________________________________

Respondent Address:__________________________________________

For the County: Carter County, Tennessee Patty Woodby, Mayor 801 East Elk AVE Elizabethton, TN 37643

20. Ownership of Documents and Work Papers The County shall own all documents, files, reports, work papers and working documentation, electronic or otherwise, created in connection with any contract services, except for the Respondent’s internal administrative and quality assurance files and internal project correspondence. The Respondent shall deliver such documents and work papers to the County upon termination or completion of each project. The Respondent shall be entitled to retain a set of such work papers for its files. Respondent shall be entitled to use such work papers only after receiving written permission from the County and subject to any copyright protections.

21. Record Retention and Access to Records Provided the Respondent is given reasonable advance written notice and such inspection is made during normal business hours of the Respondent, the County or any duly authorized representatives, shall have unimpeded, prompt access to any of the Respondent’s books, documents, papers, and/or records which are maintained or produced as a result of any contract for the purpose of making audits, examinations, excerpts, and transcriptions. All records related to this Agreement shall be retained by the Respondent for three (3) years after final Declaration Closeouts. However, if any audit, litigation or other action arising out of or related in any way to future contracts is commenced before the end of the three (3) year period, the records shall be retained for one (1) year after all issues arising out of the action are finally resolved or until the end of the three (3) year period, whichever is later.

22. Right to Inspect Facility The County may at reasonable times inspect the place of business of a Respondent or any Subcontractor which is related to the performance of any Contract awarded by the County.

23. Termination for Convenience

1. Termination. The county may, when the interests of the county so require, terminate any contract in whole or in part, for the convenience of the County.

The County Attorney shall give written notice of the termination to the Respondent specifying the part of any contract terminated and when termination becomes effective.

2. Respondent's Obligations. Respondent shall incur no further obligations in connection with the terminated work and on the date set in the notice of termination the Respondent will stop work to the extent specified. The Respondent shall also terminate outstanding orders and subcontracts as they relate to the terminated work. The Respondent shall settle the liabilities and claims arising out of any termination of subcontracts and orders connected with the terminated work. The County Administrator may direct the Respondent to assign the Respondent's right, title, and interest under terminated orders or subcontracts to the County. The Respondent must still complete the work not terminated by the notice of termination and may incur obligations as are necessary to do so.

24. Termination for Default

(1) Default. If Respondent refuses or fails to perform any of the provisions of any contract with such diligence as will ensure its completion within the time specified in any contract or any extension thereof, or otherwise fails to timely satisfy contract provisions, or commits any other substantial breach of any contract, the procurement officer may notify the Respondent in writing of the delay or nonperformance and if not cured in ten (10) days or any longer time specified in writing by the procurement officer, such officer may terminate Respondent's right to proceed with a contract or such part of a contract as to which there has been delay or a failure to properly perform. In the event of termination in whole or in part, the procurement officer may procure similar supplies or services in a manner and upon terms deemed appropriate by the procurement officer. Respondent shall continue performance of any contract to the extent it is not terminated and shall be liable for excess costs incurred in procuring similar goods or services.

(2) Respondent's Duties. Notwithstanding termination of contracts and subject to any directions from the procurement officer, Respondent shall take timely, reasonable, and necessary action to protect and preserve property in the possession of Respondent in which the County has an interest.

(3) Compensation. Payment for completed services delivered and accepted by the County shall be at a contract price. The County may withhold from amounts due Respondent such sums as the procurement officer deems to be necessary to protect the County against loss because of outstanding liens or claims of former lien holders and to reimburse the County for the excess costs incurred in procuring similar goods and services.

(4) Excuse for Nonperformance or Delayed Performance. Except with respect to defaults of subcontractors, Respondent shall not be in default by reason of any failure in performance of any contract in accordance with its terms (including any failure by Respondent to make progress in the prosecution of the work hereunder which endangers such performance) if Respondent has notified the procurement officer within 15 days after the cause of the delay and the failure arises out of causes such as: acts of God; acts of the public enemy; acts of the County and any other governmental entity in its sovereign or contractual capacity; fires; floods; epidemics; quarantine restrictions; strikes or other labor disputes; freight embargoes; or unusually severe weather. If the failure to perform is caused by the failure of a subcontractor to perform or to make progress, and if such failure arises out of causes similar to those set forth above, Respondent shall not be deemed to be in default, unless the services to be furnished by the subcontractor were reasonably obtainable from other sources in sufficient time to permit Respondent to meet contract requirements.

Upon request of Respondent, the procurement officer shall ascertain the facts and extent of such failure, and, if such officer determines that any failure to perform was occasioned by any one or more of the excusable causes, and that, but for the excusable cause, Respondent's progress and performance would have met the terms of any contract, the delivery schedule shall be revised accordingly, subject to the rights of the County under the clause entitled (in fixed-price contracts, "Termination for Convenience," in cost-reimbursement contracts, "Termination"). (As used in this Paragraph of this clause, the term "subcontractor" means subcontractor at any tier).

(5) Erroneous Termination for Default. If, after notice of termination of Respondent's right to proceed under the provisions of this clause, it is determined for any reason that any contract was not in default under the provisions of this clause, or that the delay was excusable under the provisions of Paragraph (4) (Excuse for Nonperformance or Delayed Performance) of this clause, the rights and obligations of the parties shall, if any contract contains a clause providing for termination for convenience of the County, be the same as if the notice of termination had been issued pursuant to such clause.

(6) Additional Rights and Remedies. The rights and remedies provided in this clause are in addition to any other rights and remedies provided by law or under any contract.

25. Termination upon Bankruptcy Any future Contract may be terminated in whole or in part by the County upon written notice to Respondent, if Respondent should become the subject of bankruptcy or receivership proceedings, whether voluntary or involuntary, or upon the execution by the Respondent of an assignment for the benefit of its creditors. In the event of such termination, the Respondent shall be entitled to recover just and equitable compensation for satisfactory work performed under any contract, but in no case shall said compensation exceed a total contract price.

26. Third Party Action Notification Respondent shall give the County prompt notice in writing of any action or suit filed, and prompt notice of any claim made against Respondent by any entity that may result in litigation related in any way to any agreements.

27. Unsatisfactory Work If at any time during any contract term, the service performed or work done by the Respondent is considered by the County to create a condition that threatens the health, safety, or welfare of the citizens and/or employees of the County, the Respondent shall, on being notified by the County, immediately correct such deficient service or work. In the event the Respondent fails, after notice, to correct the deficient service or work within 24 hours, the County shall have the right to order the correction of the deficiency by separate contract or with its own resources at the expense of the Respondent.

28. Waiver No delay or omission by either party to any agreement in exercising any right, power, or remedy hereunder or otherwise afforded by contracts, at law, or in equity shall constitute an acquiescence therein, impair any other right, power or remedy hereunder or otherwise afforded by any means, or operate as a waiver of such right, power, or remedy. No waiver by either party to any agreement shall be valid unless set forth in writing by the party making said waiver. No waiver of or modification to any term or condition of any agreement will void, waive, or change any other term or condition. No waiver by one party to any agreement of a default by the other party will imply, be construed as or require waiver of future or other defaults.

REQUIRED FEDERAL PROCUREMENT CLAUSES

1. ADMINISTRATIVE REMEDIES: Applies to all FEMA grant and cooperative agreement programs.

Contracts for more than the simplified acquisition threshold, currently set at $250,000, must address administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as appropriate. See 2 C.F.R. Part 200, Appendix II, A.

2. Equal Employment Act 41 CFR 60-1.4(b).

3. Davis Bacon Act (over $2,000.00) 29 C.F.R 5.5(a)

4. Copland “Anti-Kickback” Act greater than $2,000.00.

5. Contract Work Hours and Safety Standards Act greater than $100,000.00 (29C.F.R 5.5(b)).

6. Rights to Inventions made under a contract Agreement.

7. Clean Air Act and the Federal Water Pollution Control Act greater than

$150,000.00 Respondent shall comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Any violations of these acts must be reported to the County so they can be reported to FEMA.

8. Debarment and Suspension greater than $25,000.00.

Respondent shall not subcontract with any parties listed on the government-wide Excluded Parties List System in the System for Award Management

(SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), “Debarment and Suspension.”

9. Byrd Anti-Lobbying Amendment greater than $100,000.00; and Certification required for all contracts greater than $100,000.0-0

Respondent certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S. C. 1352.

Respondent shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal Award. Respondent shall require all subcontractors to submit these same certifications. See Attachment C.

10. Recovered Materials.

NFE (Non-Federal Entity) is a state or a political subdivision of a state. Work involves the use of materials and the contract is for more than $10,000.00

11. Prohibition on Contracting for Covered Telecommunications Equipment or Services for all declarations and awards issued on or after November 12, 2020.

12. Domestic Preferences for Procurement for all declarations and awards issued on or after November 12, 2020.

EVALUATION PROCEDURE PROCESS:

1. Qualifications of Respondent Respondent may be required before the award of any contract to show to the complete satisfaction of County that it has the necessary facilities, integrity, ability, compliance with public policy, past performance, technical, and financial resources to provide the service specified therein in a satisfactory manner. The Respondent may be required to provide legal understanding of the Personal Service Contract Review Board Rules and Regulations as well as the Federal Office of Management and Budget Super Circular. Respondent may also be required to give a past history and references in order to satisfy the County in regards to the Respondent’s qualifications. The County may make reasonable investigations deemed necessary and proper to determine the ability of the Respondent to perform the work, and the Respondent shall furnish to the County all information for this purpose that may be requested. The County reserves the right to reject any offer if the evidence submitted by, or investigation of, the Respondent fails to satisfy the County that the Proposer is properly qualified to carry out the obligations of future contracts and to complete the work described therein. Evaluation of the Respondent’s qualifications shall include:

1. The ability, capacity, skill, financial, and other necessary resources to perform the work or provide the service required;

2. The ability of Respondent to perform the work or provide the service promptly or within the time specified, without delay or interference;

3. The character, integrity, reputation, judgment, experience, and efficiency of the Respondent; and,

4. The quality of performance of previous contracts or services.

5. Price.

First Step: RFPs will be reviewed to meet compliance with the request. RFPs that do not comply with the specifications will be rejected and no further consideration given.

Second Step: RFPs that complete the First Step will be reviewed/analyzed for determination if the response adequately meets the needs of the County. The following factors will be utilized:

A. The overall quality of the plan for performing Debris Monitoring Services including Safety Practices and Historic Preservations. The plan must maintain a full understanding of the requested services, integrity, and compliance with public policy. Consideration will be given to the entirety and specific requirements of the request. (Important-20 points)

B. Respondent ability to perform the Debris Monitoring Services as reflected by past performance, general experience, specific experience in providing the services, and the qualifications and abilities of personnel to be assigned to perform such services. (Very Important – 20 points)

C. The personnel, equipment, facilities, technical, and financial resources to perform this type service currently available or demonstrated to be made available at the time of request and possible future contracting. (Important – 20 points)

D. A record of past performance of similar work. (Critical – 20 points)

E. Price (Critical-20 points)

Third Step: The County may contact the most qualified Respondent by telephone to schedule an interview.

SCOPE OF WORK:

DR-4832

Carter County, Tennessee is seeking Professional Services proposals for Debris Monitoring Firms. Proposals will be sought for Monitoring of federally declared disasters related debris, of every kind and nature from public rights of way (and/or private property if approved by the County, State, and FEMA, as further described below and in the attachments. Private Right of Way Access or Right of Entry (ROE) may or may not be part of this Service however if the County, State, or FEMA authorizes the ROE it will become part of the Service. The County will seek proposals for said services County-wide. The County will evaluate the Proposals on what is in the best interest of the County and the nature of the event. The County will seek to identify a Respondent to oversee either County Task Force or Debris Removal Contractor(s). It shall be noted that any Contract is for payment of “Only Debris Services that FEMA Determined Eligible” and is consistent with FEMA Public Assistance Program and Policy Guideline FP-104-009-2 V5 June 2024. PROJECT IS EXPECTED TO BE 65% C&D, 25% Vegetive, and 10% Other.

NOTE: THE COUNTY CURRENTLY HAS 4 TEMPORARY SITES AND ADDITIONAL

SITE PENDING. THE COUNTY IS CURRENTLY SEEKING A FINAL SITE OR SITES.

This Scope of Work (SOW) is provided for Respondents to review in detail, the SOW is detailed as to the terms of request and Respondent should acknowledge each line item. Should a Respondent take exception to any line items in the SOW it should be clearly stated within the proposal.

Respondents should be aware upon award they will be Monitoring both an awarded Contractor and the Tennessee National Guard Emergency Removal Teams.

Respondent must provide a technical overview for debris monitoring as to how they complete this project.

The scope of work/services as described below shall be considered minimum standards to meet in submitting their proposal for debris monitoring services. The Monitoring Services Respondents shall be experienced and knowledgeable in handling and executing disaster debris removal and disposal monitoring in compliance and consistent with the policies and publications of TEMA, FEMA, and FHWA. Throughout these specifications, any reference to FEMA shall also imply FHWA compliance when the circumstances dictate, such as when sites eligible for emergency relief work are involved.

Examples of guidelines and regulations include but are not limited to the following:

FP-104-009-2 V5 June 2024

The County will designate a Debris Task Force Manager (DTFM) that will act as the Point of Contact (POC) for the event. The DTFM POC may consist of County Employees or Professional Contractor.

The Respondent will work with the County Debris Task Force Manager by assisting in determining the amounts of debris prior to beginning services.

Respondent will work with all associated teams including TEMA, FEMA, TDEC, County, Debris Removal Contractors as needed for timely project completions, cost effectiveness, and maximum FEMA Category A reimbursements.

Respondent will measure and certify all equipment associated with either the County Task Force or approved removal contractor(s). Respondent will be familiar with standard TDOT Traffic Control Measures and report to the Debris Task Force Manager any safety issues or irregularities.

Respondent will report any delays, issues or concerns by the County or Removal Contractor to the County Task Force Manager.

Respondent will oversee all debris pick up sites as well as temporary and or final sites.

Oversight will include GPS coordinates, addresses for pick up, and photographs.

Respondent should be able to provide written Load tickets. Should the respondent be positioned to offer e-ticketing a description should be included in the technical overview for this service. Should the Respondent offer e-ticketing the price for any additional devices should be included in the hourly rate for any positions that may be utilizing the devices. Respondent should state hourly pricing for flat rate without e-ticketing devices as well as with e-ticketing devices. Either hand written or electronic tickets must be completed in detail for each line item. Photo documentation must be provided from cradle to grave and correlate with the load tickets.

Respondent will be responsible for providing an electronic document reflecting the cubic yards (or other units of measure) daily amounts to the County Debris Task Force Manager that will be sent to TEMA and FEMA daily.

Respondent will be responsible for working sun-up to sun-down seven days a week unless directed differently by the County Debris Task Force Manager.

As a minimum the Respondent must provide sufficiently trained personnel including a Project Manager, Field Monitors, Roving Managers, Fixed Site Monitors, Data Managers, and Clerical.

The County may use force account resources (including temporary hires), contractors, or a combination of these for monitoring. It is not necessary, or cost-effective, to have Professional Engineers or other certified professionals perform debris monitoring duties. FEMA considers costs unreasonable when associated with the use of staff that is more highly qualified than necessary for the associated work.

Respondents will be responsible for documenting any damage to County or private property caused by the removal contractor(s). Respondent should also document any County infrastructure damage caused by the event.

Respondents must be able to activate within 24 hours of notification to proceed by the County.

Respondents must certify that the company or any of its principles are not bared from performing any State or Federally Funded Projects including FEMA.

SCOPE OF POSITIONS

Provide Project Managers, Roving Managers, Field Monitors, Fixed Site Monitors, Data Managers, and Clerical for Debris Monitoring. Respondent may provide e-ticketing service however it is not mandatory for this request.

Project Manager:

Respondent will provide a Project Manager to oversee debris monitoring activities.

1. Oversight and Supervision of Monitor field activities.

2. Scheduling of Monitoring resources and deployment timing.

3. Communication and coordination with County personnel.

4. Make suggestions to improve the efficiency of collection and removal of debris.

5. Coordinate daily activities and future planning.

6. Remain in contact with DTFM

7. Identify, address, and troubleshoot any questions or problems that could impact work area safety and eligibility.

8. Accurately measure load hauling compartments and accurately compute volume capacity in cubic yards. Document and record measurements and computations. Document truck hauling compartment condition using digital photographs. Prepare a master log book of all hauling equipment used by the County and or the Removal Contractor(s).

9. Compile, reconcile and document daily in an electronic spreadsheet format all eligible debris hauled by the County or Removal Contractor.

Field Debris Monitors and Roving/Operations Manager:

Respondent will perform on-site, street-level work area inspections of debris cleanup and collection. Respondent will provide loading site (field) monitors to inspect and control debris collection utilizing manifest load tickets. A Roving or Operations Manager will also be assigned to oversee a maximum of nine Field Monitors.

1. Provide field monitor personnel at designated areas to check and verify information on debris removal.

2. Monitor collection activity of trucks.

3. Issue manifest load tickets at loading site for each load.

4. Check the area for safety considerations such as – downed power lines, the presents of children, traffic control, safety of equipment

5. Ensure Freon containing appliances are sorted and ready for Freon removal on site or separate transport for Freon removal before final disposal.

6. Perform a pre-work inspection of areas to check debris piles to identify covered utility meters, transformers, fire hydrants, mail boxes, etc. to help prevent damage from loading equipment and to look for potential problems.

7. Should damages occur to utility components, driveways, road surfaces, private property, vehicles, etc. document the damage with photos if possible, collect information about owner, circumstances of the damage (who, what, when, where) and report to your Roving Manager.

8. Ensure the work area is clear of debris to the specified level before equipment moves to a new loading area.

9. Accurately measure load hauling compartments and accurately compute volume capacity in cubic yards. Document and record measurements and computations.

10. Properly monitor and record performance and productivity of debris removal crew.

11. Remain in constant contact with Roving Manager. Roving Manager is to report directly to the DTFM.

12. Ensure that loads are contained properly before leaving the loading area.

13. Ensure only eligible debris is collected for loading and hauling.

14. Ensure only debris from approved public areas is loaded for removal.

15. Perform other duties from time to time as directed by the debris management project manager or DTFM.

Fixed Site Debris Monitors:

Respondent will provide personnel to oversee the inspection of the disposal or unloading sites by providing the monitoring, verification of load capacity, and documentation at designated temporary and or final disposal sites.

1. Provide disposal site monitors and inspectors personnel.

2. Complete record of contract haulers’ cubic yardage and other record keeping as may be needed on the provided load ticket.

3. Initial each load ticket before permitting truck to proceed from the check-in area to the tipping area.

4. Remain in contact with debris management/dispatch center or supervisor.

5. Perform other duties as directed by the dispatch/staging operation, debris management project manager, or designated County personnel.

6. Accurately measure load hauling compartments and accurately compute volume capacity in cubic yards. Document and record measurements and computations

Data Managers:

Respondent will provide personnel to oversee electronic documentation including:

1. Excel Spreadsheets as to amounts of debris collected daily.

2. Maintenance and data transfer of e-ticketing system if applicable.

3. Data Retention and back up of Data Retention for a minimum of 5 years at the expense of the Respondent.

4. GPS devices and oversight of coordinating with FEMA on accuracy.

5. GIS (Global Information System) coordination with the County, PDD (Planning and Development District), and or state.

Clerical:

Respondent will provide personnel to assist with data collection daily.

1. Enter daily data into either Excel Spreadsheets or e-ticketing system.

2. Verify Billing.

3. Audit billing vs. invoices.

4. Prepare cover documentation for services and create a filing system either electronic and…