RFP24_011 Debris Monitoring McDuffie County 1.pdf

RFP 24-011 DEBRIS MONITORING Page 1 of 40

MCDUFFIE COUNTY, GEORGIA

REQUEST FOR PROPOSALS

RFP #24-011

FOR

Debris Monitoring, Disaster Recovery and Emergency

Planning Services

For all questions about this RFP contact:

David Crawley, County Manager

David.Crawley@Thomson-McDuffie.gov

Deadline:

December 6, 2024 at 2:00 P.M.

RFP 24-011 DEBRIS MONITORING Page 2 of 40

IMPORTANT

SUBMITTAL REQUIREMENT

Submittals must be properly labeled to ensure they are not inadvertently opened before the designated time. Affix the label below to the outside of the sealed submittal envelope or delivery package.

If the label below is not used (i.e. in case of some delivery services), it is the supplier’s responsibility to ensure that the information is on the OUTSIDE of the delivery package. Submissions that do not comply may be rejected.

Submittals must also include the required number of copies specified in section 1.2.

Please make sure either the label below or the information on the label appears on the OUTSIDE of the delivery package and is clearly visible. There may be multiple solicitations open at any given time and if the sender organization and bid number are not discernable, your response may not be recorded as properly received.

RESPONSE SUBMITTAL

DELIVER TO:

MCDUFFIE COUNTY

COUNTY MANAGER

210 RAILROAD STREET

THOMSON, GA 30824

RFP #: 24-011

PROPOSAL NAME: Debris Monitoring, Disaster Recovery and Emergency Planning Services

DUE ON OR BEFORE: Friday, December 6, 2024 at 2:00 PM

COMPANY NAME:

COMPANY ADDRESS:

CONTACT NAME:

CONTACT PHONE & EMAIL:

RFP 24-011 DEBRIS MONITORING Page 3 of 40

1. SECTION I – REQUEST FOR PROPOSAL INFORMATION

1.1. PURPOSE

1.2. SCHEDULE & SUMMARY

1.3. SCOPE OF WORK

1.4. PACKAGING/SUBMISSION REQUIREMENTS

1.5. EVALUATION CRITERIA

1.6. FEDERAL TERMS AND PROVISIONS REQUIRED IN CONTRACT

2. SECTION II – GENERAL TERMS AND CONDITIONS

2.1. RESTRICTIONS ON COMMUNICATIONS WITH STAFF

2.2. PUBLIC DISCLOSURE AND PROPRIETARY INFORMATION

3. SECTION III –OVERVIEW AND PROCEDURES

3.1. COMPANY BACKGROUND & EXPERIENCE

3.2. REFERENCES

3.3. BID REQUIREMENTS

3.4. INSPECTION AND ACCEPTANCE OF EQUIPMENT (FOR PURCHASE)

3.5. STATEMENT OF EXPERIENCE AND QUALIFICATIONS

3.6. NON-COLLUSION AFFIDAVIT

3.7. HOLD HARMLESS AND INDEMNIFICATION

3.8. BID BONDS (Bid, Performance, Payment)

4. SECTION IV – OTHER GENERAL SPECIFICATIONS

4.1. LIQUIDATED DAMAGES

4.2. FORCE MAJEURE

4.3. SUPPLIER'S INVOICE

4.4. TAX LIABILITY

4.5. PAYMENT

4.6. ESTIMATED QUANTITIES

4.7. ASSIGNMENT OR NOVATION OF CONTRACT

4.8. TERMINATION FOR CAUSE

4.9. TERMINATION FOR CONVENIENCE

4.10. TERMINATION FOR FUND APPROPRIATION

4.11. CHANGES

4.12. REPORTING DISPUTES

5. SECTION V –INSURANCE REQUIREMENTS

5.1. STANDARD INSURANCE REQUIREMENTS

5.2. OTHER INSURANCE PROVISIONS

6. REQUIRED IMMIGRATION/ENTITLEMENT AFFIDAVITS FOR GEORGIA

6.1. VENDOR/CONTRACTOR AFFIDAVIT

6.2. SUBCONTRACTORS

7. TITLE VI –AS APPLIED THROUGH THE CIVIL RIGHTS RESTORATION ACT OF 1987

RFP 24-011 DEBRIS MONITORING Page 4 of 40

REQUEST FOR PROPOSAL

24-011

DEBRIS MONITORING, DISASTER RECOVERY AND EMERGENCY PLANNING SERVICES

1. SECTION I – REQUEST FOR PROPOSAL INFORMATION

Information in this section is proposal-specific. Any conflicting information stipulated in this section shall supersede the

General Terms & Conditions noted in Sections II - VII.

1.1. PURPOSE

The McDuffie County (County) is seeking Competitive Sealed Proposals from qualified contractors to provide professional services on an on-call basis under a renewable annual contract (up to four years) to facilitate contract compliance Debris

Monitoring, Disaster Recovery and Emergency Planning Services following a disaster. It is the intent to enter into a pre-event contract, which would result in no immediate cost to the McDuffie County, GA. The contractor shall provide all materials and services necessary in the performance of this proposal. The McDuffie County does not guarantee a minimum value for this contract.

1.2. SCHEDULE & SUMMARY

This request for proposals will be governed by the following schedule and criteria:

DATES

Release of Request Wednesday, November 6, 2024

Pre-Bid Meeting* No

Questions due Wednesday, November 20, 2024

Bids due Friday, December 6, 2024 by 2:00 PM

Copies of Bid Response Required Four, in addition to one original

Public opening* Yes, Friday, December 6, 2024 at 4:00 PM

Bonds required Yes, Performance/Payment Bonds ONLY are required prior to contract (item 3.8)

County Manager David.Crawley

County Clerk Carrie Edwards

1.3. SCOPE OF WORK

As the McDuffie County has been impacted by natural disasters in the past, the County feels the need to be prepared for any future events for the well-being, safety, and health of its citizenry. This RFP will allow the County to be able to quickly begin any cleanup that will assist in alleviating the effects of such an event. Natural and man-made disasters precipitate a variety of debris that includes, but not limited to, such things as trees, sand, gravel, building/construction materials, vehicles, personal property and etc. In a major catastrophic disaster, the McDuffie County may have difficulty locating staff, be under staffed, have problems locating equipment, and may have difficulty funding the debris removal in short term as well as long term.

Private contractors play a significant role in the debris removal, collection, reduction, monitoring, and disposal process.

Private contractors may be employed to supplement the efforts of work crews.

If it is determined that the available resources are insufficient to complete the debris removal and monitoring process in a timely manner then the pre-selected private contractors may be utilized to perform all or parts of the clean-up. They will be advised and given explicit details as to the scope of their operations. The extent of their involvement will be dictated by the needs of the County and are incident specific.

It is anticipated that the agreement between the McDuffie County, GA and the Successful Bidder will contain the following scope of work. The full scope of services will be defined within the contract executed with the McDuffie County, GA.

1.3.1. GENERAL

RFP 24-011 DEBRIS MONITORING Page 5 of 40

1.3.1.1. CONTRACT SCHEDULE: Once the contract is executed between the McDuffie County, GA and the awarded contractor, the awarded contractor will be bound by the pre-event on call services contract to deliver the services required by this proposal. The McDuffie County, GA must first approve any change in or substitution of team members, including any consultant, in writing.

1.3.1.2. QUALIFICATIONS: Proposals must include a cover letter, a description of the firm’s capabilities and services, a discussion of the firm’s expertise relative to the background and experience requirements contained herein, and resumes of qualified professionals who will be responsible for completing assigned tasks. This material should also be provided for key sub-consultants.

1.3.1.3. PRICING AND QUOTE PREPARATION: Bidders are encouraged to list any options or services it may provide that it feels might be of interest to the County, not included in base proposal price.

1.3.1.4. JOB REQUIREMENTS: Written daily reports denoting areas worked, quantities removed, quantity of equipment in service, area to be worked the following day or days, weather report, problems and issues noted, problems and issues corrected, in addition to other reporting obligations as may be applicable based on the overall scope of services.

1.3.1.5. PAYMENTS: Payments associated with this contract will be in accordance with Task Orders issued by the

County. Task Orders will be in accordance with individual grants received by the County or in accordance with tasks desired by the County in support of disaster recovery and debris management and monitoring activities. No payments are intended or implied outside of specifically negotiated Task Orders. This contract has a period of performance of one year (12 months) with the option of four (4) additional one-year renewal periods to be executed solely upon the discretion of the County based on contractor performance.

1.3.1.6. WORK ORDER CHANGES: The County, without invalidating any contracts awarded based on this

Request for Proposal, may order changes within the general scope of the services required to complete the work, by altering, adding to and/or deducting from the services to be performed. If any changes under this clause cause an increase or decrease in the Bidder’s total cost of or time required for, the performance of any part of the work, an equitable adjustment shall be made by mutual agreement and the Contract shall be modified in writing accordingly. All such work order changes shall be in writing.

1.3.1.7. QUANTITIES: The quantity and type of debris generated from any particular disaster is a function of the location and kind of event experienced, as well as the magnitude, duration and intensity. The quantity and type of debris generated, it’s location and the size of the area over which it is dispersed directly impacts the type of collection and disposal methods used to address the debris problem, associated costs incurred, and the speed with which the problem can be addressed. Notwithstanding, the awarded contractor will be responsible for ensuring that only eligible debris quantities are being claimed for Public Assistance and must have the ability to estimate debris quantities, differentiate between debris types, properly fill out load tickets and follow all safety procedures, in addition to submitting daily reports on load quantities.

1.3.1.8. WARRANTY: All services provided by the vendor must have a 100% guarantee. If services are not performed as proposed, the vendor shall be liable for any damages or loss of funds associated with the failure.

1.3.1.9. LITIGATION SUMMARY: The bidder will provide a list of all claims, arbitrations, administrative hearings, and lawsuits related to debris monitoring brought against your company.

1.3.1.10. ASSIGNMENT OF CONTRACT: The Successful Bidder shall not subcontract, transfer, assign, or otherwise dispose of the contract or any portion thereof, without the written consent of the County.

1.3.2. DISASTER DEBRIS MONITORING SERVICES

1.3.2.1. The Successful Bidder will be expected to provide disaster debris monitoring services to include debris generated from the public rights-of-way, drainage areas/canals, waterways, and other public, eligible, or designated areas. Specific services may include:

1. Coordinating daily briefings, work progress, staffing, and other key items with the County.

2. Scheduling work for all team members and contractors on a daily basis.

3. Hiring, scheduling, and managing field staff.

4. Monitoring recovery contractor operations and making/implementing recommendations to improve efficiency and speed up recovery work.

RFP 24-011 DEBRIS MONITORING Page 6 of 40

5. Develop forms, databases, etc. for tracking field activities, submitting invoices to FEMA, FHWA, and etc. Such forms, databases and invoices must be compatible with County software and approved by the County.

6. Assisting the County with responding to public concerns and comments.

7. Certifying contractor vehicles for debris removal using methodology and documentation practices appropriate for contract monitoring.

8. Entering load tickets into a database application.

9. Digitization of source documentation (such as load tickets).

10. Developing daily operational reports to keep the County informed of work progress.

11. Development of maps, GIS applications, etc. as necessary.

12. Comprehensive review, reconciliation, and validation of debris removal contractor(s) invoices prior to submission to the County for processing.

13. Project Worksheet and other pertinent report preparation required for reimbursement by FEMA, FHWA, and any other applicable agency for disaster recovery efforts by County staff and designated debris removal contractors.

14. Provide monitors to monitor disaster debris removal contractors to ensure collection is conducted in accordance with County, FHWA, FEMA, and other required standards, including contractual provisions specified in County disaster debris collection contract. Ensure that only eligible debris quantities are being claimed for Public Assistance.

15. Provide monitors at designated check points to check and verify information on debris removal and at Debris Management Sites (DMSs) located throughout the County.

16. Debris monitors must have the ability to estimate debris quantities, differentiate between debris types, properly fill out load tickets and follow all safety procedures. Responsibilities of monitors include, but are not limited to:

a) Report issues to their direct supervisor which require action, such as safety concerns, debris removal contractor noncompliance and equipment use.

b) Properly and accurately complete and physically control load tickets.

c) Ensure that trucks are accurately credited for their load.

d) Ensure that trucks are not artificially loaded (ex: debris is wetted, debris is fluffed, not compacted).

e) Ensure that hazardous wastes are not mixed in loads.

f) Ensure that C&D debris is not mixed in loads of vegetative debris.

g) Ensure that all debris is removed from trucks at DMSs.

h) Report if improper equipment is used.

i) Report if debris removal contractor personnel safety standards are not followed.

j) Report if general public safety standards are not followed.

k) Report if completion schedules are not on target.

l) Ensure that only debris specified in the contract is collected and is identified as eligible or ineligible.

m) Assure work is within the assigned scope of work.

n) Report to supervisor if debris removal work does not comply with all local ordinances as well as State and Federal regulations (i.e., proper disposal of hazardous wastes).

o) Debris monitors are to submit daily reports on load quantities

17. Disaster related damage assessment and reconstruction services, as needed.

18. Final report and appeal preparation and assistance.

RFP 24-011 DEBRIS MONITORING Page 7 of 40

19. Cost recovery of eligible funds currently not obligated or potentially de-obligated by appropriate funding agencies. Separate pricing structures for this service may be included in the Consultant's proposal.

20. Other disaster recovery services as requested by the County.

1.3.3. EMERGENCY MANAGEMENT PLANNING AND TRAINING

1.3.3.1. The Successful Bidder shall provide the following, if requested by the McDuffie County:

1. Comprehensive emergency management plans (e.g. COOP, EOP) to include plan development;

review, and revisions.

2. Comprehensive mitigation programs to include development of mitigation plan(s), staff training, cost benefit analysis, project management, environmental review and staff augmentation.

3. Development of a debris management plan - including identification of an adequate number of

DMS locations. Staff training as necessary.

4. Procurement assistance for debris removal contractors and other services as requested.

5. Project management to include the formulation and management of permanent work projects, task force management.

6. Technical support and assistance in developing public information.

7. Other training and assistance as requested by the County.

8. Other reports and data as required by the County.

9. Other emergency management and consulting services identified and required by the County.

1.3.4. DAMAGE ASSESSMENT AND RECONSTRUCTION SERVICES

1.3.4.1. If requested, the Successful Bidder shall provide post-disaster damage assessment and reconstruction services to include assessment, planning, engineering, and construction management services. Specific areas where services may be requested include County facilities, utility systems, transportation systems, and other sectors as required. The consultant will assist, if directed by the County, with document preparation of permanent work project.

1.3.5. OTHER AGREEMENTS/SERVICES:

1.3.5.1. The Successful Bidder will be expected to adhere to the following duties and responsibilities as part of the

Disaster Debris Monitoring Services, Emergency Management Planning and Training, and Damage

Assessment and Reconstruction Services, as applicable:

1. The selected firm(s) shall provide on the work site(s) a qualified accessible supervisor(s) or liaison officer as directed. At least one (1) accessible and designated supervisor in the area of operation and the liaison officer shall have full authority to act on behalf of the Firm(s) and its subcontractors and all communications given to the supervisor or liaison officer in writing by

COE's authorized representative shall be as binding as if given to the Firm(s).

2. Adequately handle property damage claims which result from contractor's errors or omissions.

3. Consultant shall review, validate and reconcile debris management contractor(s) invoices prior to submission to the County for processing. The Consultant shall conduct a meeting at the beginning of the debris management operation to fully explain the process to the County, debris contractor(s) and FEMA representatives. All invoices from the debris contractor(s) shall be directed to the

Consultant.

4. The invoices shall be reviewed by the Consultant to be accepted or rejected in a timely manner.

The Consultant shall issue in writing to the County and the debris contractor, the acceptance or

RFP 24-011 DEBRIS MONITORING Page 8 of 40 rejection of the invoices and a payment recommendation. If the invoice is rejected, the monitoring

Consultant shall clearly state the reasons for rejection and work with the debris contractor to resolve immediately.

5. Only invoices that are accurate and complete will be forwarded to the County for payment.

6. Consultant shall assist the County in reviewing and processing requests for payment by the debris removal and disposal contractor(s) as well as in preparing final reports necessary for reimbursement by FEMA, FHWA (Federal Highway Administration) and other applicable agencies by County staff and designated debris removal and disposal contractor(s).

7. Consultant shall assist in ensuring that processing of federal funding is done as quickly as possible, by verifying the following information is accurate and promptly provided:

a) Review of debris contractor invoices

b) Monitoring information

c) Project Status Reports

d) Completed Load tickets

e) Consultant payroll

f) Review of debris contractor equipment hours of operation

g) Vehicle certifications

8. Start and end dates of the first debris removal pass and all subsequent passes.

9. Consultant shall provide professional oversight to monitor compliance with environmental and transportation regulations, FEMA reporting requirements, and any other federal, state, or local regulation that pertains to debris recovery operations. The Consultant shall stay current with FEMA and FHWA policies and procedures and notify the County Administrator immediately as changes occur.

10. Consultant shall be capable of providing a 1-800 service to respond and report on resident inquiries during the performance of debris removal and disposal activities.

11. Consultant shall provide regular status updates to the County Administrator for public information use.

12. Consultant shall provide appropriate staff to assist with damage complaints resulting from the debris removal. Complaints shall be tracked and forwarded to the project management team to be resolved with the debris contractor(s). A weekly log of such complaints and their resolution shall be provided to the

County Administrator. Property damage complaints must be tracked using a GIS. Any photos of the property damage must be linked in the GIS. A geodatabase shall be provided to the County with weekly updates. Upon request of the County, the Consultant may also be called upon to provide appropriate staffing of a customer call center to assist with public telephone inquiries, concerns and complaints regarding debris removal operations.

13. Consultant shall provide the County Administrator and the debris contractor(s) with daily Disaster Debris

Status Reports. Each daily report shall contain the following:

a) Overview of daily activities including status of damage complaints

b) Cumulative debris tally by debris site

c) Cumulative debris tally by day

d) Summary of monthly debris removal efforts (cumulative and by debris site)

e) Summary of mulch removal efforts (cumulative and by debris site)

f) Summary of mixed/construction & demolition removal efforts (cumulative and by debris site)

g) Stump volume by site

h) Debris site status

i) Labor force report

This reporting is due no later than 12:00 noon the following business day or as requested by the County.

14. Consultant shall complete a certification on each vehicle deemed appropriate for collection. In addition to completing vehicle certification forms, photographs must be taken of each vehicle showing the vehicle number and type of vehicle. These photographs shall be attached with the certification. Original copies of these certifications, including photographs, shall be retained by the

Consultant on behalf of the County and provided to the County upon their request or project

RFP 24-011 DEBRIS MONITORING Page 9 of 40 completion. Additional copies shall be provided to the debris removal contractor and the vehicle driver. Once these vehicles are certified, random verifications shall be performed at each OMS to assure that no vehicle modifications have been made and to confirm data accuracy.

15. Consultant shall measure the volume to the nearest cubic yard of usable space for each debris collection vehicle. The Consultant shall complete the Vehicle Certification Form provided for each vehicle. The original Vehicle Certification Form shall be delivered to the County

Administrator or designee. The County Vehicle Certification Form will have the following information:

a) Vehicle make, model

b) Length

c) Width

d) Height

e) Volume in cubic yards

f) Tag number of vehicle

g) VIN number of vehicle

h) Vehicle type

i) Driver of vehicle name (printed) and signature

j) Sub-Contractor representative name (printed) and signature

k) Certification monitor name (printed) and signature certifying vehicle

l) Date

m) Vehicle certification number

16. Consultant's Project Manager or designee shall review all truck certification forms with the debris contractor to assure completeness and accuracy of each form before forwarding to the County

Administrator or designee.

17. Subcontractors will generally not be permitted. In the event that the County authorize a subcontractor of any kind, A subcontractor plan shall be submitted to County or its representative for its approval. Prime contractors must take the affirmative steps required by 2 CFR §

200.321(b)(1)-(5) prior to engaging any subcontractors. Under no circumstance will any subcontractor be permitted without compliance with all applicable federal regulations, including those set forth herein.

[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]

RFP 24-011 DEBRIS MONITORING Page 10 of 40

1.4. PACKAGING/SUBMISSION REQUIREMENTS

The following information and/or documents MUST be included with the Bidder’s response and in the order listed below:

a. ___ Information/Cover Page (supplied)

b. ___ Bid Response Disclosures & Acknowledgement sheet (supplied). Note: Non-Collusion and Conflict of

Interest Disclosures section must be notarized

c. ___ Firm/Contractor Information & Documentation – Must include the following:

1) History of Firm – Provide a detailed history of the firm, qualifications, and prior experience that relates to this RFP

2) Project Approach – Describe the Firm’s approach with regard to these services

3) Staff Qualifications – Provide detailed biographical information on the individuals who will provide project services, including education, training and experience.

4) Work-In-Progress – Submit a list of current work-in-progress with contract amounts and a list of work currently awarded but not yet started

5) Quality Control – Submit information describing the Firm’s quality control program

6) Job Site Security – Describe how your company will provide job site security

7) Sample Contract – Submit a sample contract for performance of work outlined in this RFP

8) Other – Include any other pertinent information that may be used by the County to evaluate the

Firm’s proposal

d. ___ Pricing Sheet (supplied)

e. ___ References Sheet (supplied)

f. ___ Tax Compliance form (supplied)

g. ___ Contractor Affidavit – an additional copy (showing as notarized) of the Contractor (EV) affidavit must be included with response

h. ___ Subcontractor Affidavit (if applicable)

i. ___ Sub-subcontractor Affidavit (if applicable)

* If a complete and compliant (both required documents uploaded) registration has been submitted online, you may include a statement that you have a completed registration on file. Instructions and forms for registration may be found on the

County’s website (Bids and RFPs | Thomson-Mcduffie, Georgia) or by selecting “Business” and then “Bids &

Procurement” from the County home page (Home Page | Thomson-Mcduffie, Georgia).

A checklist for your convenience has been provided at the end of this document. This checklist is for your convenience only and should not be returned with the submittal.

1.5. EVALUATION CRITERIA

The County reserves the right to offer an award based on any combination of factors it determines to be in the best interests of the County and the County Residents. Price will be a factor, but it will not be the sole determining factor in awarding the bid. The County may award the bid to the Firm demonstrating the most complete response and demonstrating full compliance with the specifications in accordance with procurement requirements set forth by the State of Georgia and the Federal

Government.

The basis of selection will be the lowest responsive and responsible bid, as determined based on the Evaluation Committee’s evaluation of the Proposals, including but not limited to the following evaluation criteria:

- Past performance on similar projects in terms of quality of work, cost control, and compliance with performance schedules. This must be documented by references and other means within the bid response – 30%

- Firm qualifications and experience – 20%

- Project Approach (i.e. methodology, understanding of the work to be performed) – 20%

- Price proposal/Fee schedule (Using Pricing Sheet Provided) – 20%

- Technical approach – quality of package (requested information provided, presentation, etc.) – 10%

The County reserves the right to accept the BEST-EVALUATED RESPONSE as deemed by the Evaluation Committee, which may or may not be the lowest monetary response.

https://www.thomson-mcduffie.gov/rfps https://www.thomson-mcduffie.gov/

RFP 24-011 DEBRIS MONITORING Page 11 of 40

1.6. FEDERAL TERMS AND PROVISIONS REQUIRED IN CONTRACT

The following terms and conditions must appear in any contract entered into the with Successful Contractor related to the services set forth in this RFP.

1) Access to Records.

The following access to records requirements applies to the Contract in addition to any requirements that may be elsewhere imposed:

a. Contractor agrees to provide County, the Comptroller General of the United States, or any of their authorized representatives or designees, access to any books, documents papers, and records of

Contractor which are directly pertinent to this Agreement for the purposes of making audits, examinations, excerpts, and transcriptions. Contractor shall keep its books documents, papers, and records available for this purpose for at least five years after this Agreement terminates or expires or such longer time as requested by County at any time prior to the expiration of the then applicable time frame. This provision does not limit the applicable statute of limitations.

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

c. Contractor agrees to provide any of the foregoing parties access to construction or other work sites pertaining to the work being completed under this Agreement, if applicable.

d. Contractor shall ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if Contractor does not transfer the records to County or any authorized or designated federal representative.

2) Environmental Compliance.

a. Contractor shall comply with all applicable standard, orders, or regulations issued pursuant to the

Clean Air Act (42 U.S.C. § 1701 et seq.) and the Federal Water Pollution Control Act as amended

(33 U.S.C. § 1251 et seq.).

b. Contractor shall report all violations to the County, any applicable State agencies, and the regional office of the Environmental Protection Agency.

c. Contractor shall include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance.

d. Contractor shall comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy

Policy and Conservation Act (42 U.S.C. § 6201 et seq.).

3) Contract Work Hours and Safety Standards Act.

a. Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.

b. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in Paragraph (a) of this section, the Contractor and any subcontractor responsible therefore shall be liable for the unpaid wages. In addition, such Contractor and any subcontractor responsible therefore shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory) for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in

RFP 24-011 DEBRIS MONITORING Page 12 of 40

Paragraph (a) of this section, in the sum of $26 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in Paragraph (a) of this Section.

c. Withholding for unpaid wages and liquidated damages. The applicable federal funding agency shall upon its own action or upon written request of an authorized representative of the

Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other federal contract with the same prime contractor, or any other federally-assisted contract subject to the

Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in

Paragraph (b) of this Section.

d. Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in Paragraphs (a) through (c) of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with clauses set forth in Paragraphs

(a) through (c) of this Section.

4) Equal Employment Opportunity.

This provision is applicable to all federally assisted construction contracts, as that term is defined at 41

C.F.R. § 60-1.3. To the extent the Agreement meets this definition, Contractor agrees as follows:

a. The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

c. The Contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee’s essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the Contractor’s legal duty to furnish information.

d. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the contractor’s commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

e. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965 and of the rules, regulations, and relevant orders of the Secretary of Labor.

RFP 24-011 DEBRIS MONITORING Page 13 of 40

f. The Contractor will furnish all information and reports required by Executive Order 11246 of

September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

g. In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be cancelled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further

Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.

h. The Contractor will include provisions in Paragraphs (a) through (g) set forth in this subsection in every subcontract or purchase order unless exempted by rules, regulations, or orders of the

Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provision will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance;

provided, however, that in the event a Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. The applicant further agrees that it will be bound by the above equal opportunity clause with respect to its own employment practices when it participates in federally assisted construction work; provided that if the applicant so participating is a State or local government, the above equal opportunity clause is not applicable to any agency, instrumentality or subdivision of such government which does not participate in work on or under the contract.

The applicant agrees that it will assist and cooperate actively with the administering agency and the Secretary of Labor in obtaining the compliance of contractors and subcontractors with the equal opportunity clause and the rules, regulations, and relevant orders of the Secretary of Labor, that it will furnish he administering agency and the Secretary of Labor such information as they may require for the supervision of such compliances, and that it will otherwise assist the administering agency in the discharge of the agency’s primary responsibility for securing compliance.

The applicant further agrees that it will refrain from entering into any contract or contract medication subject to Executive Order 11246 of September 24, 1965, with a contractor debarred from, or who has no demonstrated eligibility for, Government contracts and federally assisted construction contracts pursuant to the Executive Order and will carry out such sanctions and penalties for violation of the equal opportunity clause as may be imposed upon contractors and subcontractors by the administering agency or the Secretary of Labor pursuant to Part II, Subpart

D of the Executive Order. In addition, the applicant agrees that if it fails or refuses to comply with these undertaking the administering agency may take any or all of the following actions: cancel, terminate, or suspend in whole or in part this grant (contract, loan, insurance, guarantee); refrain from extending any further assistance to the applicant under the program with respect to which the failure or refund occurred until satisfactory assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings.

5) Contracting with Small and Minority Businesses, Women’s Business Enterprises, and Labor Surplus

Area Firms.

a. If Contractor intends to subcontract any portion of the work covered by the Agreement, Contractor must take all necessary affirmative steps to assure that small and minority businesses, women’s business enterprises and labor surplus area firms are solicited and used when possible. Affirmative steps must include:

i. Placing qualified small and minority businesses and women’s business enterprises on solicitation lists;

RFP 24-011 DEBRIS MONITORING Page 14 of 40

ii. Assuring that small and minority businesses, and women’s business enterprises, are solicited whenever they are potential sources;

iii. Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women’s business enterprises;

iv. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women’s business enterprises; and

v. Using the services and assistance, as appropriate, of such organizations as the Small

Business Administration and the Minority Business Development Agency of the

Department of Commerce.

6) Immigration and Nationality Act

Contractor agrees to comply with the terms of the employment provisions contained in 8 U.S.C. Section

1324A(e), Section 274A(e) of the Immigration and Nationality Act.

7) Administrative Remedies for False Claims and Statements

Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and

Statements) applies to Contractor’s actions pertaining to this Agreement.

8) Remedies

a. If any work performed and/or good delivered by Contractor fails to meet the requirements of the

Agreement, any other applicable standards, codes or laws, or otherwise breaches the terms of the

Agreement, the County may in its sole discretion:

i. Elect to have Contractor re-perform or cause to be re-performed, at Contractor’s sole expense, any of the work which failed to meet the requirements of the Agreement;

ii. In the case of goods, reject the goods and require Contractor to provide replacement goods that meet the needs of County and the terms of the Agreement;

iii. Hire another Contractor to perform the work and deduct any additional costs incurred by

County as a result of substituting contractors from any amounts due to Contractor; or

iv. Pursue and obtain any and all other available legal or equitable remedies.

b. This Section shall in no way be interpreted to limit the County’s right to pursue and obtain any and all other available legal or equitable remedies against Contractor.

RFP 24-011 DEBRIS MONITORING Page 15 of 40

9) Compliance with Applicable Laws

a. Contractor agrees to be bound by the terms of the Federally-Funded Subaward and Grant

Agreement between the County and FEMA and/or the State of Georgia and any of its agencies if applicable.

b. Contractor agrees to be bound by all applicable state and federal laws, regulations, and Executive

Orders.

10) Suspension and Debarment

a. Federal regulations restrict the County from contracting with parties that are debarred, suspended, or otherwise excluded from or ineligible for participation in Federal assistance programs and activities, where the contract is funded in whole or in part with federal funds. Accordingly, a contract or subcontract must not be made with any parties listed on the SAM Exclusions list. SAM

Exclusions is the list maintained by the General Services Administration that contains the name of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under certain statutory or regulatory authority. The Contractor can verify its status and the status of its principals, affiliates, and subcontractors at www.SAM.gov.

i. This Contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt.

3000. As such the Contractor is required to verify that none of the Contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. §

180.935).

ii. Contractor must comply with 2 C.F.R. pt. 180, Subpart C and 2 C.F.R. pt. 3000, subpart

C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

iii. This certification is a material representation of fact relied upon by the County. If it is later determining that the Contractor did not comply with 2 C.F.R. pt. 180, Subpart C and

2 C.F.R. pt. 3000, Subpart C, in addition to remedies available to the County, the Federal

Government may pursue available remedies, including but not limited to suspension and/or debarment.

11) Byrd Anti-Lobbying Amendment

a. Contractors who apply or bid for an award of $100,000 or more shall file the required certification found below. Each tier certifies to the tier above that it will not and has not used federally 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. Each tier shall also disclose any lobbying with non-federal funds that takes place in connection with obtaining any federal award. Such disclosures are forwarded from tier to tier up to the recipient.

b. The certification referenced in Paragraph (a) of this Section is below:

http://www.sam.gov/

RFP 24-011 DEBRIS MONITORING Page 16 of 40

Certification for Contracts, Grants, Loans, and Cooperative Agreements

The undersigned certifies, to the best of his or her knowledge and belief, that:

1. No federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of

Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement.

2. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-

LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.

3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section

1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.

Consultant, _______________________________________, certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, Consultant understands and agrees that the provision of

31 U.S.C. Chap. 38, Administrative Remedies for False Claims and Statement, apply to this certification and disclosure, if any.

__________________________________________ Date: _______________________________

Signature

Name:

Title:

RFP 24-011 DEBRIS MONITORING Page 17 of 40

REQUESTS FOR PROPOSAL

GENERAL PROVISIONS

Sections II - VII review the general terms and conditions. Any bid-specific information noted in Section I or in the Specifications &

Response Section will take precedence.

2. SECTION II – GENERAL TERMS AND CONDITIONS

All available information, notices and addenda regarding this RFP shall be posted on the County’s website (Bids and RFPs |

Thomson-Mcduffie, Georgia) or by selecting “Business” and then “Bids & Procurement” from the County home page

(Home Page | Thomson-Mcduffie, Georgia). . Effective July 1, 2018, House Bill 489 requires that any solicitation extended by a municipal corporation for goods and services valued at $10,000 or more and any solicitation opportunity extended for public works subject to Chapter 91 of Title 36 of the O.C.G.A. also be posted on the Georgia Procurement Registry (GPR).

It is the Supplier’s responsibility to check the County’s website in order to confirm they have the most current information prior to submitting a response. Subsequent to the opening, all status notices will also be posted on the County’s website.

2.1. RESTRICTIONS ON COMMUNICATIONS WITH STAFF

All questions about this bid must be submitted in the following format:

- Company Name

- Question

- Citation to relevant section of the bid

All questions, including questions regarding specifications/technical issues related to the RFP and administrative issues, must be in writing to the County Administrator for this RFP (with a ‘cc’ to County Clerk). The deadline for questions is noted in

Section 1.2 of this RFP.

The County Administrator and County Clerk’s contact information is as follows:

David.Crawley

County Manager

McDuffie County

210 Railroad St

Thomson, GA 30824

Email: David.Crawley@Thomson-Mcduffie.gov

Carrie Edwards

County Clerk

McDuffie County

210 Railroad St

Thomson, GA 30824

Email: Kristal.Singletary@Thomson-McDuffie.gov

No questions other than written will be accepted. No response other than written will be binding upon the County. Questions will be combined into one list of questions and responses and will be posted as an addendum.

From the issue date of this request until an award has either been made or deemed closed for other reasons, institutions or individuals providing submissions are not permitted to communicate with members of the commission, the evaluation team or

County employees, other than mentioned above, with regard to the purpose or intent of this Request for Proposal. The exception to this is the submission of written technical questions to the County Administrator with the County Clerk copied, or https://www.thomson-mcduffie.gov/rfps https://www.thomson-mcduffie.gov/rfps https://www.thomson-mcduffie.gov/ mailto:John.Waller@Thomson-Mcduffie.gov mailto:Kristal.Singletary@Thomson-McDuffie.gov

RFP 24-011 DEBRIS MONITORING…