September 18, 2026

TO: Prospective Contractors

FROM: Amy Hall, Public Utilities Manager

RE: Routine Utility Operations Support Services Request for Proposals

Notice and Invitation Cumberland County (the “County”) is soliciting proposals for qualified firms to submit proposals for scheduled and on-call utility operations support. The County seeks a safety-focused firm capable of supplementing County staff with utility operations, including but not limited to water meter reading, construction and maintenance inspection, utility repair training, fire hydrant installation and repair, and limited utility plan review.

The County anticipates one award but may make multiple awards, award selected service categories, or make no award when determined to be in the County’s best interest.

Specifications Proposals will be received in the Public Utilities Department, 698 Ann Street at any time before 2:00 P.M, as per the clock located in the Public Utilities office, October 5, 2026. Clearly mark each package with vendor name and RFP name. Proposals may also be submitted by email to Amy Hall at ahall@cumberlandcountync.gov subject line MUST read “RFP for Utility Operations Support Services”. It is the sole responsibility of the vendor to ensure that the proposal reaches the destinations listed above by the designated time and hour. If submitting by e-mail, it is recommended that vendors obtain confirmation that e-mail was received. Proposals received after the specified date and time will be deemed non-responsive and cannot be considered for award. Important Note: The Execution of Proposal (Attachment A) and all other required forms must be completed, signed and submitted with proposals.

Should additional information be necessary to prepare a proposal, written questions via e-mail relating to such information may be submitted to Amy Hall at ahall@cumberlandcountync.gov no later than 2:00 P.M., September 28,2026. Written questions and responses will be shared with all prospective vendors. Vendors shall rely only on written material contained in an Addendum to this RFP. Each vendor submitting a proposal, including its representatives, subcontractors, and suppliers, is prohibited from having any communication with any employees or members of the board of commissioners of the County except those employees as designated in this RFP. A vendor who does not comply with this provision may be disqualified from award of the contract.

This solicitation, all attachments and addenda are incorporated herein by reference to any executed contract resulting from this request for proposal. By submitting a proposal, the vendor agrees to meet all stated requirements, specifications, and terms and conditions stated in this solicitation. If a vendor is unclear about a requirement or specification or believes a change to a requirement would allow for the County to receive a better proposal, the vendor is urged and cautioned to submit these items in the form of a question during the question-and-answer period.

All addendums and/or corrections will be sent by e-mail to vendors who submit an intent to bid and will be posted to the Cumberland County Vendor Self Service Site https://ccmunis.co.cumberland.nc.us/vss/Vendors/VBids/Default.aspx .

mailto:ahall@cumberlandcountync.gov mailto:ahall@cumberlandcountync.gov https://ccmunis.co.cumberland.nc.us/vss/Vendors/VBids/Default.aspx

!IMPORTANT INFORMATION! CONFIDENTIAL INFORMATION: The proposal must not contain any information marked as “confidential” or as a “trade secret” or in any other manner as to indicate that it is information protected by the Trade Secrets Protection Act ( the “Act”) as set out in Article 24 of Chapter 66 of the North Carolina General Statutes, unless the Vendor has noticed the County Department of its intent to designate any information in the proposal as such and received permission from the County Department to do so in writing. Vendor’s notice to the County Department must be in writing and must describe the information for which confidentiality is requested and explain how the information is a “trade secret” as defined in G.S. § 66-152(3). If the County Department determines the information for which confidentiality is requested is a “trade secret” covered by the Act, it will notify the Vendor how to mark the information in the proposal and will identify the measures that County will take to protect the confidentiality of the information. Vendor’s submission of a proposal after receipt of this notice from the County Department shall be deemed to be acceptance of the County Department’s statement of how it will maintain confidentiality. If the County Department determines the information for which confidentiality is requested is not a “trade secret” covered by the Act, it will notify vendor of that determination. Any proposal marked with any information as “confidential” or as a “trade secret” or in any other manner as to indicate that it is information protected by the Act in violation of this section shall be regarded as not responsive to the request for proposals and shall not be considered.

Vendors may be required to provide a demonstration upon request.

The County reserves the right to reject any and all proposals.

1. OBJECTIVES

• Maintain accurate, timely water meter reads and exception reporting.

• Stengthen quality control, documentation, safety, and contract compliance on water and wastewater projects.

• Build County employee skills through hands-on water line and sewer line repair training.

• Provide qualified fire hydrant installation, inspection, testing, maintenance, and repair support.

• Provide timely, constructability-focused utility plan reviews while preserving County and regulatory authority.

• Secure access to highly qualified North Carolina-certified utility personnel.

2. SCOPE OF SERVICES

The selected firm shall furnish qualified supervision and personnel, vehicles, tools, equipment, communications, documentation, and incidental materials required for authorized work. No minimum quantity is guaranteed. Services will be assigned by task order, work authorization, or another County-approved method.

2.1 Water Meter Reading

• Read residential, commercial, industrial, and other designated meters according to County routes and schedules.

• Use County-approved devices, software, meter-reading systems, or route sheets and protect County data and equipment.

• Accurately record readings and required route, time, location, meter, and account information.

• Report abnormal use, suspected leaks, damaged or inaccessible meters, unsafe conditions, tampering, missing lids, stopped meters, and other exceptions.

• Perform rereads and field verification; document estimated or unobtainable reads.

• Meet County accuracy, route completion, transfer, identification, privacy, traffic-control, access, and customer-contact requirements.

2.2 Utility Project Inspection

• Inspect County water distribution and wastewater collection construction, repair, rehabilitation, and capital improvement work.

• Review approved plans, specifications, permits, submittals, shop drawings, schedules, and County standards.

• Observe trenching and excavation safety, bedding, pipe, joints, fittings, valves, manholes, services, hydrants, backfill, compaction, restoration, testing, disinfection, flushing, and startup, as applicable.

• Document labor, equipment, materials, quantities, progress, weather, tests, deficiencies, corrective work, photographs, and significant communications in daily reports.

• Promptly notify the County of unsafe, defective, concealed, or nonconforming work. The firm shall not direct contractor means and methods or assume contractor safety obligations.

• Attend meetings and support punch lists, record drawing verification, warranty observations, and closeout.

• Field meetings w/ residents.

2.3 County Staff Training – Water and Sewer Line Repair

• Training shall support safe, consistent field performance and knowledge transfer to County employees.

• Develop competency-based classroom, demonstrations, and supervised hands-on training suited to County facilities, equipment, procedures, and employee experience.

• Cover job planning, utility locating, excavation, trenching, shoring, confined-space awareness, traffic control, PPE, lockout/tagout, and emergency response.

• Teach water main and service leak response, isolation, dewatering, exposure, clamps, fittings, restraint, thrust control, replacement, flushing, disinfection, sampling coordination, pressure testing, and return to service.

• Teach wastewater collection stoppage response, flow-control and bypass concepts, pipe and service repair, couplings, manhole interfaces, infiltration/inflow observations, testing, cleanup, and return to service.

• Cover proper use and care of repair tools, pumps, compactors, trench-safety systems, locating devices, and related equipment.

• Provide lesson plans, attendance records, materials, practical skill checklists, and refresher recommendations.

2.4 Fire Hydrant Installation and Repair

• Install, inspect, exercise, test, maintain, troubleshoot, repair, replace, relocate, raise, lower, and return hydrants to service as authorized.

• Verify manufacturer/model, bury depth, valve operation, drainage, restraint, thrust protection, clearances, accessibility, orientation, and County compatibility.

• Replace approved packing, seals, gaskets, O-rings, stems, operating nuts, caps, chains, breakaway components, barrels, and other parts.

• Coordinate shutdowns, notices, flushing, disinfection, testing, traffic control, restoration, and record updates.

• Document asset ID, location, condition, work, parts, status, tests, photos, and follow-up recommendations.

2.5 Utility Plan Review

• At the County’s direction, the firm shall provide limited technical and constructability review of proposed water distribution and wastewater collection improvements.

• Review conformance with County utility standards, details, approved materials, and operational preferences.

• Review pipe alignment and sizing; separations; valves; hydrants; services; meters; manholes; access; easements;

testing; disinfection; bypasses; phasing; maintainability; and record requirements.

• Review constructability, sequencing, tie-ins, shutdown impacts, conflicts, maintenance access, and consistency among drawings, specifications, and details.

• Provide consolidated written comments, participate in meetings, and document comment resolution.

• Training does not replace any certification, competent-person designation, permit, or safety training required by law.

• Unless separately authorized and performed under the responsible charge of an appropriately licensed North

Carolina professional engineer, plan review is advisory and does not constitute engineering design, plan sealing, permit approval, code enforcement, or acceptance for the County or a regulatory agency. The County retains final authority.

2.6 Emergency and On-Call Support

If included in the contract, the firm shall provide an on-call contact and respond within accepted service levels. The proposal shall identify standard hours, after-hours availability, mobilization times, minimum charges, and escalation contacts.

The specifications included in this package describe the services that the County feels are necessary to meet the performance requirements of this RFP and shall be considered the minimum standards expected of the proposer.

However, the specifications are not intended to purposefully exclude potential bidders.

If the vendor is unable to meet any of the specifications as outlined therein, vendors are advised to submit questions and concerns regarding the specifications during the question and answer period described above.

If the vendor does not submit questions or concerns regarding the specifications, the County shall assume it is able to fully comply with these specifications. The County shall be the sole and final judge of compliance with all specifications. The County further reserves the right to determine the acceptability or unacceptability of any and all alternatives or deviations.

3. County Responsibilities

• Designate a contract administrator and task-order contacts.

• Provide available plans, standards, routes, asset records, schedules, site access, and County procedures needed for authorized work.

• Retain authority for operational decisions, permits, acceptance, contractor direction, staff assignments, and public communications unless expressly delegated.

• Review deliverables, authorize work, coordinate County resources, and process accepted invoices.

• Identify County equipment, software, vehicles, parts, facilities, and training locations, if any, made available.

4. EVALUATION CRITERIA

All qualified proposals will be evaluated and award made based on considering the following criteria to result in an award most advantageous to the County:

4.1 Evaluation and Selection

The County may verify references, seek clarifications, interview firms, request best and final offers, negotiate, or cancel.

Procurement staff should confirm final points before issuance.

Criterion Points

Mandatory qualifications and active NC certifications Pass/Fail

Comparable firm experience 20

Qualifications, availability, and depth of personnel 20

Technical approach, quality control, safety, and documentation 25

Training and knowledge transfer 10

Responsiveness, capacity, and emergency coverage 10

Cost and overall value 15

Total 100

5. METHOD OF AWARD

RFP will be awarded based on best overall value method of award.

The County reserves the right to make separate awards to different vendors, to not award, or to cancel this RFP in its entirety without awarding a contract, if it is considered to be most advantageous to the County to do so.

6. VENDOR’S RESPONSE REQUIREMENTS

The Execution of Proposal (Attachment A) must be completed, signed and submitted with proposals.

6.1 Personnel and Credential Documentation

• Organization chart identifying the project manager and technical leads.

• For each key person: role, employer, experience, office, availability, resume, and responsibilities.

• Copies of required certificates with number, classification, expiration date, and credential holder. The County may independently verify credentials.

• Identification of employees, owners, and subcontractors and the services each subcontractor will perform.

• Backup coverage. Loss, expiration, suspension, or restriction of a required credential shall be reported immediately.

6.2 Deliverables and Performance Standards

Service Minimum Deliverable Timing

Meter reading Route files; exceptions; rereads; access issues; accuracy and completion statistics Per route/cycle

Inspection Daily reports; photos; quantities; deficiencies; tests; meeting notes; punch lists Daily/as directed

Training Plan; materials; attendance; skill checklists; evaluation;

recommendations Each session

Hydrants Work record; parts; status; tests; photos; GPS/asset updates;

follow-up Each work order

Plan review Numbered comments and comment-resolution log Within 5 business days

Management Activity, schedule, safety, staffing, cost, issue report, and invoice backup Monthly

Final service levels and remedies will be established in the contract. Proposers shall offer measurable standards for meter accuracy and completion, inspection-report timeliness, plan-review turnaround, training outcomes, hydrant documentation, and emergency response.

6.3 Proposal Requirements

• Organize proposals in the following order:

• Signed cover letter with legal firm name, address, contact, authority to bind, and addenda acknowledgement.

• Executive summary and understanding of County needs.

• Technical approach for each scope category, including quality control, safety, documentation, scheduling, communications, customer interaction, and emergency response.

• Firm qualifications, locations, capacity, years in business, and comparable North Carolina public-utility experience.

• Team information and credential documentation required by Sections 6.1 and 6.5.

• Three to five comparable references from the past five years, including client, contact, dates, value, scope, and staff.

• Implementation and transition plan, startup time, and required County support.

• Clearly identified exceptions to the RFP or sample contract.

• All County forms, certifications, conflict disclosures, noncollusion statement, and participation information.

• Separate cost proposal using the County pricing form.

6.4 Cost Proposal-Do not leave blank will be considered non-responsive.

Provide fully burdened rates and separately identify travel, vehicles, equipment, materials, parts, after-hours premiums, minimum call-outs, and reimbursables. The County may negotiate task-order budgets or not-to-exceed amounts.

Category Pricing Basis Rate

Water meter reading Per read/reread; hourly backup

Utility inspector Hourly – regular/after-hours

A-Distribution technical lead Hourly

Category Pricing Basis Rate

Grade IV wastewater technical lead Hourly

Repair trainer Hourly / half-day / full-day

Hydrant technician or crew Hourly by crew

Plan reviewer Hourly by classification

Emergency mobilization Call-out and premium

Vehicles/equipment Unit/day/hour

Materials/parts Markup/discount from documented cost List all other terms and conditions, considerations and fees. Please be sure to note any minimum requirements per service year. Cost shall be all inclusive. Exclude all sales tax from your proposal. If discount is available for prompt payment, identify terms so it may be considered in analyzing proposal. Please attach additional sheets, if necessary.

6.5 Minimum Qualifications

A proposal may be deemed nonresponsive if it does not demonstrate every mandatory qualification.

Mandatory Requirement Required Evidence / Standard

NC A-Distribution certification

At least one proposed key staff member shall hold an active North Carolina A-Distribution water operator certification and provide meaningful technical oversight of applicable work.

NC Grade IV wastewater certification

At least one proposed key staff member shall hold an active Grade IV Collections (CS-4).

Credential maintenance Required credentials must be active and in good standing at proposal due date and throughout the contract. Substitutions require prior County approval and equal or higher qualifications.

Relevant experience At least 10 years of successful comparable public-utility experience.

Staffing capacity A project manager, certified technical leads, inspectors, trainers, meter-reading staff, and backups sufficient for County schedules.

Licenses and safety All licenses required for assigned work; written safety program and relevant excavation, confined-space, traffic-control, PPE, and hazard training.

Insurance Evidence of insurance meeting final County requirements.

Additional services- other qualifications that might be considered

Water treatment surface.

6.6 Questions, Addenda, and Submission

Submit questions in writing to Amy Hall at ahall@cumberlandcountync.gov by the deadline. Only written County addenda modify this RFP. Unauthorized procurement contacts may result in disqualification to the extent permitted by County policy and law.

mailto:ahall@cumberlandcountync.gov

Label: “RFP – Utility Operations Support Services.”

Separate the cost proposal if County procedures require.

Late proposals may be rejected; timely delivery is the proposer’s responsibility.

Proposals shall remain valid for 120 days.

7. REFERENCES

Vendors shall provide at least three (3) references for which your company has provided services of similar size and scope to that proposed herein.

COMPANY NAME CONTACT NAME TELEPHONE NUMBER EMAIL ADDRESS

8. TERMS AND CONDITIONS

IRAN DIVESTMENT ACT: As provided in N.C.G.S. 147-86.55-69, any person identified as engaging in investment activities in Iran, determined by appearing on the Final Divestment List created by the North Carolina State Treasurer pursuant to G.S. 147-86.57(6) c, is ineligible to contract with the County of North Carolina or any political subdivision of the COUNTY.

E-VERIFY: CONTRACTOR shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes.

Further, if Contractor utilizes a subcontractor, CONTRACTOR shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes.”

DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL: The 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 CONTRACTOR to monitor compliance with this restriction. Contracts valued at less than $1,000.00 are exempt from this restriction.

INSURANCE REQUIREMENTS: Providing and maintaining adequate insurance coverage is a material obligation of the CONTRACTOR and is of the essence of this Contract. All such insurance shall meet all laws of the County of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The CONTRACTOR shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Contract. The limits of coverage under each insurance policy maintained by the CONTRACTOR shall not be interpreted as limiting the CONTRACTOR’S liability and obligations under the Contract. During the term of the Contract, the CONTRACTOR at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the Contract.

9. General Terms and Conditions

• The County may reject any or all proposals, waive informalities, seek clarification, negotiate scope and price, and award in its best interest, subject to law and policy.

• Proposal preparation costs are the proposer’s responsibility. Submission creates no contract or entitlement.

• The selected firm shall execute the County contract and comply with applicable laws, permits, safety requirements, and County policies.

• The selected firm is an independent contractor responsible for its personnel, subcontractors, payroll, taxes, supervision, safety, tools, and methods.

• Subcontractors require County approval; the prime remains fully responsible.

• The firm shall protect customer, account, infrastructure, confidential, security-sensitive, and personal information and use it only for authorized purposes.

• The final contract shall address public records, retention, insurance, indemnification, termination, payment, audit, equal opportunity, E-Verify, Iran divestment, and other required clauses.

• Utility operations require County authorization. The firm shall not independently operate valves, interrupt service, issue notices, discharge wastewater, or return facilities to service unless expressly authorized.

• The final contract controls in the event of conflict with a proposal.

10. Required Attachments Attachment Description

A Execution of Proposal

B Sample Evaluation Sheet

C Sample County Contract

D Proposal Cover Sheet and Signature Form

E Certification and License Verification Form

F Reference Form

G Price Proposal Schedule

H Insurance Requirements

ATTACHMENT A: EXECUTION OF PROPOSAL

EXECUTION

In compliance with this Request for Proposal (RFP), and subject to all the conditions herein, the undersigned vendor offers and agrees to furnish and deliver any or all items/services upon which prices are proposed. By executing this proposal, the undersigned vendor certifies that this proposal is submitted competitively and without collusion, that it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible from covered transactions by any Federal or State department or agency. Furthermore, the undersigned vendor certifies that it and its principals are not presently listed on the Department of State Treasurer’s Final Divestment List as per N.C.G.S 147-86.55-69.

The potential Contractor certifies and/or understands the following by placing an "X" in all blank spaces:

_______ The County has the right to reject any and all proposals or reject specific proposals with deviated/omitted information, based on the County’s discretion if the omitted information is considered a minor deviation or omission. The County will not contact vendors to request required information/documentation that is missing from a proposal packet. Additionally, if the County determines it is in its best interest to do so, the County reserves the right to award to one or more vendors and/or to award only a part of the services specified in the RFP.

_______ This proposal was signed by an authorized representative of the Contractor.

_______ The potential Contractor has determined the cost and availability of all materials and supplies associated with performing the services outlined herein.

_______ All labor costs associated with this project have been determined, including all direct and indirect costs.

_______ The potential Contractor agrees to the conditions as set forth in this RFP with no exceptions.

_______ Selection of a contract represents a preliminary determination as to the qualifications of the vendor. Vendor understands and agrees that no legally binding acceptance offer occurs until the Cumberland County Board of Commissioners, or its designee, executes a formal contract and/or purchase order.

Therefore, in compliance with the foregoing RFP, and subject to all terms and conditions thereof, the undersigned offers and agrees to furnish the services for the prices quoted within the timeframe required. Vendor agrees to hold firm offer through contract execution.

Failure to complete, execute/sign (E-signature or handwritten) proposal prior to submittal shall render the proposal invalid and it WILL BE REJECTED.

VENDOR:

STREET ADDRESS: P.O. BOX: ZIP:

CITY & COUNTY & ZIP: TELEPHONE

NUMBER:

TOLL FREE TEL. NO:

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO

VENDORS ITEM #10):

PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF

VENDOR:

FAX NUMBER:

VENDOR’S AUTHORIZED SIGNATURE: DATE: EMAIL:

At ta ch m en t B

Sa m pl e Ev al ua tio n

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R es po ns iv en es s, C ap ac ity

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C os t & O ve ra ll V al ue

P oi nt s M ax

P oi nt s M ax

P oi nt s M ax

P oi nt s M ax

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V en do rs

A dd iti on al N ot es

*I f a dd iti on al sp ac e is n ee de d fo r n ot es , s ee a tta ch ed

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FP

R ou tin e U til ity

O pe ra tio ns S up po rt S er vi ce s

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Su m m ar y Sh ee t

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STATE OF NORTH CAROLINA

COUNTY OF CUMBERLAND SERVICE AGREEMENT

This Agreement made this the ______day of ________________ 2026, by and between the COUNTY OF CUMBERLAND, a body politic and corporate of the State of North Carolina, hereinafter referred to as COUNTY, and (Company Name) a business located at (Company Address), hereinafter referred to as VENDOR.

WITNESSETH

WHEREAS, the COUNTY is in need to (describe project – proposal reference), and

WHEREAS, the VENDOR is qualified to (describe what services example plumbing, surveying), and

WHEREAS, the VENDOR has represented that it can provide qualified services which will meet the needs of the COUNTY; and

WHEREAS, the services are of a technical nature and are temporary in character; and

WHEREAS, funds are available in the current fiscal year budget for the performance of said services.

NOW THEREFORE, the parties agree to the following terms and conditions:

PURPOSE: The COUNTY agrees to purchase, and the VENDOR agrees to provide the necessary services as set forth below.

TERM: The term of this Agreement shall be from execution date of this contract through, 30th day of June, 2027, unless sooner terminated or extended by mutual written agreement. The COUNTY may terminate this Agreement prior to the expiration of the above stated period if in the judgment of the COUNTY;

A. The VENDOR has completed all services required.

B. The VENDOR failed or neglected to furnish or perform the necessary services to the reasonable satisfaction of the COUNTY.

C. The COUNTY shall have given the VENDOR seven (7) days written notice of the COUNTY’s intent to terminate this Agreement. The COUNTY will make all payments due the VENDOR for services rendered and/or expenses actually incurred up to and including the date of such notice of termination.

SERVICES: VENDOR shall perform such expert and technical services as are indicated above and as indicated in the proposal form attached and incorporated herein. VENDOR warrants that it shall perform such ancillary work as may be necessary to ensure the effective performance of the services cited above. Insofar as practical, the VENDOR shall cooperate with the operation schedule of the COUNTY, and with other personnel employed, retained, or hired by the COUNTY.

INSURANCE AND LIABILITY: VENDOR represents that it has sufficient insurance coverage, and the VENDOR shall maintain such adequate insurance during the term of the agreement.

Attachment C - Sample County Contract

PRICE: This agreement shall not exceed total payment of $0.00 over the term of the agreement.

PAYMENT: The COUNTY shall pay the VENDOR within 30 days of receipt of accurate invoice.

BENEFIT: This Agreement shall be binding upon and it shall inure to the benefit of the parties, their legal representatives, successors, and assigns, provided that the provisions with respect to assignment and delegation are fully complied with.

ASSIGNMENT: The VENDOR shall not assign all or any part its contract rights under this Agreement, nor delegate any performance hereunder, nor subcontract, without first obtaining the COUNTY’s written approval.

COMPLIANCE WITH LAW: The VENDOR agrees it shall comply with all laws, rules, regulations, and ordinances, proclamations, demands, directives, executive orders, or other requirements of any government or subdivisions thereof which now govern or may hereafter govern this Agreement, including, but limited to, the provisions of the Fair Labor Standards Act of 1938, equal employment laws, and any other applicable law.

AGENCY AND AUTHORITY: The COUNTY hereby designates the General Manager of Natural Resources as its exclusive agent with respect to this Agreement. The General Manager of Natural Resources as is authorized, on behalf of the COUNTY, to negotiate directly with the VENDOR on all matters pertaining to this Agreement. The VENDOR agrees that all of its dealings with the COUNTY in respect to the terms and conditions of this Agreement shall be exclusively with the General Manager of Natural Resources. Further, the VENDOR specifically agrees that it shall not modify any of the specifications of any of the services subject to this Agreement except pursuant to the paragraph entitled MODIFICATIONS.

REMEDIES: If either party shall default with respect to any performance hereunder, it shall be liable for reasonable damages as provided by law and for all costs and expenses incurred by the other party on account of such default. Waiver by either party of any breach of the other’s obligation shall not be deemed a waiver of any other or subsequent breach of the same obligation. No right or remedy of any party is exclusive of any other right or remedy provided or permitted by law or equity, but each shall be cumulative of every other right or remedy now or hereafter existing at law or in equity, or by statute, and may be enforced concurrently or from time to time.

APPLICABLE LAW: This Agreement shall be governed by the laws of the State of North Carolina. The parties mutually agree that the courts of the State of North Carolina shall have exclusive jurisdiction of any claim arising under the terms of this Agreement with appropriate venue being Cumberland County.

NOTICES: Any notices to be given by either party to the other under the terms of this Agreement shall be in writing and shall be deemed to have been sufficiently given if delivered by hand, with written acknowledgment of receipt, or mailed by certified mail return receipt requested to the other party at the following addresses or to such other addresses as either party from time to time may designate in writing to the other party for receipt of notice:

VENDOR: COUNTY:

Company Name Amanda Lee, General Manager of Natural Resources Company Street 698 Ann Street City, State, Zip Fayetteville, NC 28301

Such notice, if mailed, shall be deemed to have been received by the other party on the date contained in the receipt.

SEVERABILITY: If any term, duty, obligation or provision of this Agreement should be found invalid or unenforceable, such finding shall not affect the validity of any other terms, duties, obligations, and provisions, which shall remain valid, enforceable and in full force and effect.

MODIFICATION: This Agreement may be modified only by an instrument duly executed by the parties or their respective successors.

MERGER CLAUSE: The parties intend this instrument as a final expression of their Agreement and as a complete and exclusive statement of its terms. No course of prior dealings between the parties and no usage of trade shall be relevant or admissible to supplement, explain, or vary any of the terms of this Agreement.

Acceptance of, or acquiescence in, a course of performance rendered under this or any prior Agreement shall not be relevant or admissible to determine the meaning of this Agreement even though the accepting or acquiescing party has knowledge of the nature of the performance and an opportunity to make objection. No representations, understandings, or agreements have been made or relied upon making this Agreement other than those specifically set forth herein.

DISPUTE RESOLUTION: The parties must resolve any claim, dispute or other matter in contention arising out of, or relating to, this Agreement through the following procedure. The parties shall first negotiate in good faith to reach an equitable settlement to the dispute. If a negotiated settlement cannot be reached within 10 business days, the parties shall submit to mediation. The parties shall select a mediator, approved by either the North Carolina or federal courts and mutually agreeable to all parties in the dispute to conduct the proceedings which shall be held at the Owner’s place of business. If the parties cannot select a mediator within 10 business days, then the Owner shall select a mediator (or, if the Owner is a party to the dispute, the Cumberland County Trial Court Administrator). The mediator’s cost shall be equally shared by all parties to the dispute. If a mediated settlement cannot be reached, the final recourse to the aggrieved party is legal action instituted and tried in the General Court of Justice of North Carolina under North Carolina Law with venue for trial being Cumberland County. No party shall have a right to resort to litigation until mediation shall first have occurred and not been successful.

INDEPENDENT CONTRACTOR: VENDOR is an independent CONTRACTOR and not an agent, officer or employee of the COUNTY and shall have no authority to act as an agent of the COUNTY, nor enter any Agreement for or on behalf of the COUNTY. The relationship of VENDOR with the COUNTY is as an “independent contractor” as that term is defined by the law of the State of North Carolina.

NON-APPROPRIATION CLAUSE: This Agreement shall be subject to the annual appropriation of funds by the Cumberland County Board of Commissioners. Notwithstanding any provision herein to the contrary, in the event funds are not appropriated for this Agreement, County shall be entitled to immediately terminate this Agreement, without penalty or liability, except the payment of all contract fees due under this Agreement through and including the last day of service.

IRAN DIVESTMENT ACT CERTIFICATION: Contractor hereby certifies that Contractor, and all subcontractors, are not on the Iran Final Divestment List (“List”) created by the North Carolina State Treasurer pursuant to N.C.G.S. 147-86.55-69. Contractor shall not utilize any subcontractor that is identified on the List.

E-VERIFY: CONTRACTOR shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further, if CONTRACTOR utilizes a subcontractor, CONTRACTOR shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes.”

IN WITNESS WHEREOF, the parties hereto have executed this Agreement by their respective duly authorized representatives.

CUMBERLAND COUNTY

BY: __ _______________________________

Amanda L. Bader; P.E.

General Manager for Natural Resources

Company Name

ATTEST

BY: _________________________________ BY: ____________ __________________________

Name: Name:

Title: Title:

This instrument has been Pre-audited in the Approved for Legal Sufficiency upon formal execution manner required by the Local Government by all parties Budget and Fiscal Control Act.

County Attorney’s Office

County Finance Office