RFQ 24-0422 ENGINEERING SERVICES.pdf

REQUEST FOR QUALIFICATIONS

ENGINEERING SERVICES

RECYCLING & SOLID WASTE DEPARTMENT

RFQ # 24-0422

COUNTY COMMISSIONERS

BILL RIVENBARK, CHAIR

LEANN PIERCE, VICE-CHAIR

JONATHAN BARFIELD, JR.

DANE SCALISE

ROB ZAPPLE

CHRIS COUDRIET, COUNTY MANAGER

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NEW HANOVER COUNTY

REQUEST FOR QUALIFICATIONS

RECYCLING & SOLID WASTE DEPARTMENT

RFQ # 24-0422

ENGINEERING SERVICES

New Hanover County, located in Wilmington, NC, is soliciting qualification submittals from consultant engineering firms to provide professional services in support of their Recycling & Solid Waste Department. Specific work to be addressed will include but not be limited to engineering permitting of improvements, facilities, and operations of the New Hanover County Secure Landfill. Projects that will be addressed include new landfill cell construction design and permitting, landfill site permitting, closure design and permitting, construction documents for the referenced permits, construction management assistance (CQA/QC) and certifications of construction, leachate management and treatment design and permitting, stormwater management, landfill gas management, greenhouse gas applications, and any other assignments associated with the operation and construction activities of the County's landfill and solid waste management program.

Firms interested in submitting a response to this RFQ shall provide their primary contact information for the purpose of notification of any addenda. Instructions for submitting qualification packages, complete requirements and information may be obtained via email request to amcallister@nhcgov.com, or in person at New Hanover County Recycling & Solid Waste, 3002 U.S. Highway 421 North, Wilmington, NC 28401, during regular business office hours which are 8 am to 5 pm Monday through Friday, or by visiting our website at https://www.nhcgov.com/bids.aspx.

mailto:amcallister@nhcgov.com http://www.nhcgov.com/bids.aspx

All qualification packages shall be submitted in a sealed envelope addressed to Anne McAllister, Business Officer, New Hanover County Department of Recycling & Solid Waste, 3002 U.S. Highway 421 North, Wilmington, NC 28401 no later than 5:00 pm EST on June 14, 2024 and must be marked in the left hand corner on the outside of the envelope as follows:

"Qualification packages for RFQ 24-0422 Solid Waste Engineering Services/Attn: Anne McAllister, Business Officer" by 5:00 p.m. Friday, June 14, 2024. Any qualification packages received after the specified date and time will not be accepted.

The County reserves the right to reject any and all qualification packages with or without cause, to waive technical errors and informalities, or to accept that qualification packages or combination of qualification packages which in the County's sole and absolute judgment best serves the public interest.

Submitted Statements of Qualifications are not subject to public inspection until a contract is awarded and executed. Statements of Qualifications will be evaluated, and firms may be contacted for interviews to be conducted by phone or in person.

The deadline for receipt of Statements of Qualifications is 5:00 P.M. EST, Friday, June 14, 2024.

Released: Monday, June 3, 2024 http://www.nhcgov.com/bids.aspx

I. Project Overview

New Hanover County, located in Wilmington, NC, is soliciting qualification submittals from consultant engineering firms to provide professional services in support of their Recycling & Solid Waste Department. Specific work to be addressed will include but not be limited to engineering permitting of improvements, facilities, and operations of the New Hanover County Secure Landfill. Projects that will be addressed include new landfill cell construction design and permitting, landfill site permitting, closure design and permitting, construction documents for the referenced permits, construction management assistance (CQA/QC) and certifications of construction, leachate management and treatment design and permitting, stormwater management, landfill gas management, greenhouse gas applications, and any other assignments associated with the operation and construction activities of the County's landfill and solid waste management program. It is anticipated that the County will contract for the services for a three (3) year period with potential of two (2) one-year (1-year) extensions of the contract based upon acceptable performance. The qualification information must center on the firm's experience in the design, permitting, and construction of landfills and leachate treatment systems in the coastal region utilizing a double liner concept.

Firms interested in submitting a response to this RFQ shall provide their primary contact information for the purpose of notification of any addenda. Instructions for submitting qualification packages, complete requirements and information may be obtained via email request to amcallister@nhcgov.com; in person at New Hanover County Recycling & Solid Waste, 3002 U.S. Highway 421 North, Wilmington, NC 28401, during regular business office hours which are 8 am to 5 pm Monday through Friday, or by visiting our website at https://www.nhcgov.com/bids.aspx.

All qualification packages shall be submitted in a sealed envelope addressed to Anne McAllister, Business Officer, New Hanover County Department of Recycling & Solid Waste, 3002 U.S. Highway 421 North, Wilmington, NC 28401 no later than 5:00 pm EST on Friday, June 14, 2024 and must be marked in the left hand corner on the outside of the envelope as follows: "Qualification packages for RFQ 24-0422 Solid Waste Engineering Services/attn: Anne McAllister, Business Officer" by 5:00 p.m. Friday, June 14, 2024.

Any qualification packages received after the specified date and time will not be accepted.

The County reserves the right to reject any and all qualification packages with or without cause, to waive technical errors and informalities, or to accept that qualification packages or combination of qualification packages which in the County's sole and absolute judgment best serves the public interest.

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

II. General Conditions

QUALIFICATION PACKAGE OPENING: Qualification packages shall NOT be publicly opened. Qualification packages that are received by telephone, facsimile, telegram, or electronic mail are not acceptable and will be rejected.

EEO STATEMENT/ MINORITY and/or WOMEN BUSINESS ENTERPRISE PROGRAM: It is the policy of New Hanover County that minority businesses, as defined by North Carolina General Statute 143-128 have maximum opportunity to participate in the performance of contracts and subcontracts funded in whole or in part with public funds. This includes all aspects of the County's contracting and procurement programs, including but not limited to construction projects, supplies and materials, as well as professional and personal service contracts. The County and its contractors shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of its contracts.

E-VERIFY COMPLIANCE: Pursuant to S.L. 2015-294, the selected Contractor shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. Upon and after Contract execution, violation of the provision, unless timely cured, shall constitute a breach of Contract.

PRICING: No fee proposal is to be included in the qualification package. This solicitation is for qualifications only.

CONFLICT OF INTEREST: The award hereunder is subject to provisions of State Statutes and/or County Ordinance. Respondents must disclose with their qualification packages the name of any officer, director, or agent who is also an employee of New Hanover County.

Further, all respondents must disclose the name of any County employee who owns, directly or indirectly, any interest in the respondent's firm or any of its branches.

LOBBYING STATEMENT: All firms are hereby placed on notice that the County Commissioners and staff shall not be contacted about this qualification request.

Firms and their agents are hereby placed on notice that they are not to contact members of the County Commissioners or staff (with the exception of designated liaison). Written correspondence in regard to Qualification packages may be submitted to the County's Recycling & Solid Waste Department, attn: Anne McAllister, Business Officer.

LICENSE/CERTIFICATIONS: The successful vendor will be required to secure, at its expense, the proper occupational license and/or any other license required of the applicable work being performed. Proof of license and/or certification may be required prior to award. The respondent shall comply with all federal and state laws, county and municipal ordinances and regulations in any manner affecting the performance of the work. The respondent shall state its occupation license number and expiration date.

INSURANCE: Responders to this solicitation shall show appropriate insurance coverage levels for providing the types of services described above. Upon selection the selected firm shall provide specific insurance certificates naming New Hanover County as an additional insured for the allowable categories of coverage and will maintain continuous coverage during the life of the award. (See Draft Contract Below for Complete Requirements)

INCURRED COST: New Hanover County is not liable for any cost incurred by any vendor prior to an award. Costs for developing a response to this request for qualification packages are entirely the obligation of the respondent and shall not be chargeable in any manner to New Hanover County.

MATERIALS/SUPPLIES: No materials or supplies for the work shall be purchased by the vendor or by any sub-contractor subject to any chattel mortgage or under a conditional sale or other agreement by which an interest is retained by the seller.

VERBAL INSTRUCTIONS: No negotiations, decisions, or actions shall be initialized or executed by the vendor as a result of any discussions with any County employee. Only those communications which are in writing from an authorized County representative may be considered. Only written communications from vendors which are assigned by a person designated as authorized to bind the company will be recognized by the County as duly authorized expressions on behalf of the company.

ADDITION, DELETION OR MODIFICATION OF SERVICES: The County reserves the right at its sole discretion to increase, decrease, or delete any portion of this contract at any time without cause, and if such right is exercised by the County, the total fee shall be adjusted accordingly. If work has already been accomplished on the portion of the contract to be increased, decreased, or deleted, the contractor shall be paid for the correct portion on the basis of the estimated percentage agreed upon by the County, the contactor, and the contract manager upon completion of such portion.

The services sought by this solicitation include:

Engineering and consulting services are sought to support New Hanover County(County) in planning, developing, and implementing the County's Solid Waste Capital Improvement Program and other projects as necessary. These services may include: permitting solid waste management facilities (including solid waste, leachate treatment and Title V permitting); designing and providing construction oversight for new facilities and upgrades to existing facilities; providing design/build capabilities, providing operation and maintenance of landfill components, and providing guidance in support of the Recycling & Solid Waste Department's operations. Areas of engineering expertise must include siting, design, construction, and operation of Municipal Solid Waste Landfills, landfill gas collection systems, leachate management, treatment and collection systems, storm water management systems, solid waste transfer stations, solid waste recycling facilities, and household hazardous waste collection and storage facilities. In addition, selected Engineering Firms may be required to provide community relations support during all phases of work which may include the preparation of audio/visuals and fact sheets and participating in public meetings.

This solicitation does not commit the County to pay any costs incurred in the preparation and submission of an offer in any form or to procure or contract for said services or supplies. The New Hanover County Board of County Commissioners (Board) or their designees are the only individuals who can commit the County to the expenditure of funds in connection with any contract resulting from this solicitation.

INQUIRIES/NO CONTACT CLAUSE

All firms are hereby placed on notice that the County has designated Anne McAllister as the liaison for this RFQ. All requests for information regarding this RFQ must be submitted in writing to Anne McAllister at the Recycling & Solid Waste Office, 3002 U.S. Highway 421 North, Wilmington, NC 28401 or email amcallister@nhcgov.com . The County Commissioners and their staff shall not be contacted about this RFQ.

III. Timeline/Schedule

Action Date

RFQ ISSUED Monday, June 3, 2024

Deadline for Questions Friday, June 7, 2024

Answers to Questions Tuesday, June 11, 2024

Deadline for Submissions Friday, June 14, 2024

IV. Submission Requirements

Each Respondent shall submit a qualification package in the format and in accordance with the requirements set forth in the RFQ. All qualification packages must be sealed and addressed to the Recycling & Solid Waste Department, 3002 U.S. Highway 421 North, Wilmington, NC 28401, and must be marked in the left hand corner on the outside of the envelope as follows:

Qualification packages for Solid Waste Engineering Services Due Date: 5:00 p.m Friday, June 14, 2024 Name & Address of Respondent:

Telephone Number of Respondent:

One (1) original qualification package marked "ORIGINAL" and three (3) complete copies of the qualification packages marked "COPY" plus one (1) complete copy submitted on a flash drive must be delivered or submitted to the Recycling & Solid Waste Department as previously specified, NO LATER THAN 5:00 P.M. EST on Friday June 14, 2024.

Delivery of the qualification packages to any other County office does not constitute receipt by the County. The delivery of the qualification packages prior to the date and time set for the qualification packages opening is solely and strictly the responsibility of the Respondent. Any qualification packages received after the stated time and date for the opening shall not be accepted. The County shall not, under any circumstances, be responsible for delays caused by the United States Postal Service or any private delivery service, or delays caused by any other occurrence. The official time clock will be the clock located at the office of the Recycling & Solid Waste Department. The County will not consider any qualification packages delivered after the advertised deadline date and time. Offers by telephone, facsimile, telegram, or electronic mail will not be accepted.

No qualification packages shall be withdrawn after the deadline.

Before submitting a qualification package, each Respondent shall make all investigations and examinations necessary to learn the conditions and requirements that may influence the performance of the services requested and the contract. Failure to make such investigations and examinations shall not relieve successful Respondents from the obligation to comply, in every detail, with all the provisions and requirements of the awarded contract nor shall it be a basis for any claim whatsoever for alteration in any condition of the awarded contract.

The County reserves the right to reject any and all qualification packages with or without cause, to waive technical errors and informalities, or to accept that qualification packages or combination of qualification packages which in the County's sole and absolute judgment best serves the public interest.

QUESTIONS, ADDENDA, AND INTERPRETATIONS

No interpretation of the meaning of the RFQ requirements, or other contract documents will be made orally to any respondent. Every request for such interpretation must be in writing, to Anne McAllister at the Recycling & Solid Waste Department Office by email amcallister@nhcgov.com. To be given consideration, such requests must be received no later than 5:00 PM, Friday , June 7, 2024.

Any and all such interpretation and supplemental instructions will be in the form of a written addendum, which, if issued will be sent to the primary contact supplied to amcallister@nhcgov.com furnished for such purposes. Failure of any respondent to receive any such addendum or interpretation shall not relieve said respondent from any obligation under his qualification packages as submitted. All addenda so issued shall become part of the contract documents, whether or not the successful respondent received a copy of such addendum, it being understood that all respondents are responsible to verify that they have received any such addenda prior to submitting their qualification packages.

Each Respondent shall submit a qualification package in the format and in accordance with the requirements set forth herein.

Each element of the qualification packages shall be individually tabbed and indexed.

Page limitations include the following:

A page shall consist of one typewritten (12- characters per inch) side of standard size 8 ½ x 11 inch stationery. No photo-reduction of text is allowed. Any photographs, maps, diagrams, charts, or other non-text contents, which provide information about the Respondent will be included in the page count. Foldout inserts will be converted to 11 x 17 inches. Qualification packages using elaborate brochures, artwork, expensive paper and binders, or other expensive visual presentation aids or including the firm's standard marketing material are not desired.

Qualification packages should be prepared in accordance with the required submittal documents and a detailed reply focused on achieving the requested Scope of Services.

Responses should be as concise as possible.

NON-RESPONSIVEQUALIFICATION PACKAGES

Non-responsive Qualification packages will not be reviewed. Non-responsive Qualification packages include, but are not limited to, those that:

(1) are not in conformance with the requirements and instructions contained herein;

(2) are conditional, incomplete, indefinite or ambiguous;

(3) are intended to accomplish only a portion or portions of the overall work;

(4) have improper or undated signatures.

MINOR INFORMALITIES OR IRREGULARITIES

The County may waive minor informalities or irregularities in the qualification packages received, where such is merely a matter of form and not substance, and the correction of which is not prejudicial to other Respondents.

V. Evaluation Criteria

RANKING

Each Qualification package will be reviewed by the Selection Committee members using a scoring program that has been determined by the committee and is detailed below.

Past performance will be scored based on responses from the references submitted by the responder and/or the experience of New Hanover County staff with the particular firm's past performance. Only one reviewer will contact any given reference.

The Selection Committee will use the total point scores to rank the prospective consultants. The Selection Committee will determine a short list of the most highly qualified Engineering Firms based upon the ranking scores. The highest ranking firm(s) will be proposed as the selected firm and authorization will be sought from the Board of County Commissioners for contract award. Please note that more than one firm may be awarded.

NEGOTIATIONS OF CONTRACT AND EXECUTION

Following the Board's approval of the recommended award, a continuing services agreement will be negotiated, and work will be conducted by means of individual task orders. Negotiations will also be used to resolve any remaining questions regarding technical or administrative aspects of the project. If for any reason a contract cannot be negotiated with a recommended firm within thirty (30) days after notification of award, the County may terminate contract negotiations.

No contract or modification thereto shall be binding upon the County unless the same is reduced to writing and executed by all parties to the agreement.

There is no work guaranteed to any Engineering Firm as a result of being selected and placed under contract. The County reserves the right to modify the scope of work as may be necessary to meet the County's overall solid waste management objectives.

TYPE OF CONTRACT CONTEMPLATED

The method of payment for services under this solicitation will be on a fixed-price basis per project assignment or on a time and materials basis with a set limit, depending on the type of work to be conducted.

The County will not intentionally award publicly funded contracts to any Engineering Firm who knowingly employs unauthorized alien workers, constituting a violation of the employment provisions contained in 8 U.S.C. Sections 1324a(e) and 274A(e) of the Immigration and Nationality Act "INA". The County shall consider the employment by the Engineering Firm of unauthorized aliens a violation of Section 274A(e) of the INA.

Such violation by the Recipient of the Employment provisions contained in Section 274A(e) of the INA shall be grounds for disqualification.

The vendor(s) providing services under this agreement will be required to procure and maintain the types of insurance as indicated below.

The insurance shall provide coverage against claims for injuries to persons or damages to property which may arise from operations or in connection with the performance of the work hereunder by the contractor, his agents, representatives, employees, or subcontractors, whether such operations by himself/herself or anyone directly or indirectly employed by him/her.

The County reserves the right to accept or reject any or all qualification packages received and reserves the right to make an award without further discussion. Therefore, the qualification packages should be submitted with the understanding and agreement by the Respondent that there will be no opportunity for presentation or discussion about the qualification packages by the Respondent. The instructions for the preparation of qualification packages in response to this RFQ have been prepared in order to minimize costs and response time, and to ensure that all offers are reviewed and evaluated in a consistent manner.

No information from any other solicitation applies to this solicitation.

Except to the extent Federal law is applicable, the interpretation, effect, and validity of any contract resulting from this RFQ shall be governed by the laws and regulations of the State of North Carolina and the County of New Hanover, North Carolina. The venue of any court action shall be New Hanover County.

Any rights, privileges, and/or contracts granted as a result of an award from this RFQ shall not be assigned or transferred in any manner whatsoever without the prior written approval of the County.

In the performance of this Agreement, the Engineering Firm shall keep books, records, and accounts of all activities related to the Agreement, in compliance with generally accepted accounting procedures. All documents, papers, books, records, and accounts made or received by the engineer in conjunction with the Agreement and the performance of this Agreement shall be open to inspection during regular business hours by an authorized representative of the office and shall be retained by the engineer for a period of three (3) years after termination of this Agreement unless such records are exempt by law.

VI. Submission Response

QUALIFICATION PACKAGES ORGANIZATION

The Qualification packages shall consist of the following:

(a) TRANSMITTAL LETTER

This is to serve only as the document covering transmittal of the Qualification packages package and shall not exceed two (2) pages. The letter should provide the name, title, address, and telephone number of the official contact person and an alternate. These individuals shall have the authority to bind the Engineering Firm and shall be available to be contacted by telephone or attend meetings as may be appropriate.

(b) TECHNICAL RESPONSE

The technical response shall contain the six (6) sections outlined below and shall not exceed the assigned pages listed for each section:

(1) Introduction (2 pages). The content of this section shall be at the discretion of the Engineering Firm.

(2) Company Background (3 pages). This section should provide information on the Engineering Firm's historical background and experience with solid waste management projects including the Engineering Firm's previous experience with the County. The Engineering Firm's background should include: the number of years that the company has been in existence; the number of years the Engineering Firm has been involved with solid waste management, design, and permitting projects; years involved with environmental engineering or related activities; and the Firm's current financial condition.

(3) Statement of Qualifications (4 pages). This section should demonstrate the project team's overall technical expertise and experience in solid waste management and environmental engineering. The Engineering Firm should demonstrate that the firm and specifically, the assigned project managers and key personnel have a thorough understanding of the regulatory requirements affecting the siting, design, permitting, and construction of solid waste management and disposal facilities (including solid waste and Title V permits) within the state of North Carolina and New Hanover County. In addition, the firm and the assigned project managers and key personnel should illustrate their understanding of the various design and construction standards applicable to solid waste management facilities. Such facilities may include but not be limited to: landfill cell construction utilizing double liner systems and closure, leachate collection, treatment and management systems, stormwater management systems, solid waste transfer stations, solid waste recycling facilities, household hazardous waste collection and storage facilities, scale facilities, and other related facilities.

The Engineering Firm should demonstrate their expertise and experience in assisting governmental entities in providing community relations including the company's ability to create audio/visual presentations and fact sheets.

(4) Personnel proposed for assignment to the project, including all major subconsultants, must be identified and their qualifications provided. Specific project positions must coincide with Firm's project organization chart. (no page limit)

The availability of the assigned contract managers and key personnel must be identified.

Subcontractors shall be identified, and the intended scope of their work detailed. The County expects personnel, subconsultants, and subcontractors identified in the qualification packages response to be available for work to complete services identified under this solicitation.

(5) Project Management (4 pages). The Engineering Firm should describe the organizational structure and "chain of command" of the Engineering Firm's proposed project team and the project management methods that are most appropriate to perform the contract services. The discussion should include:

methods for communicating with team members, schedule controls, cost controls, quality assurance protocols, and any other appropriate management considerations. Firms shall describe their data management and project tracking capabilities.

(6) Past Performance -References (3 pages). The Engineering Firm's past performances on contacts will be evaluated. The Engineering Firm must list a minimum of three (3) separate and verifiable clients. Clients listed must be for completed work on solid waste management and design projects that are similar to those identified in this solicitation. Confidential clients shall not be included.

Project Title Client name, address Current Contact and telephone number Location of project (if different than above) Project term Performance period Brief description of projects

**Please print and include all posted addenda with date and signature acknowledging addendum has been reviewed and understood.

Any Engineering Firm placed under contract with the County must further notify the County in writing within five (5) days of their discovery of a potential conflict of interest and make such continuing disclosure throughout the term of the contract. A full disclosure shall include a description of the action that the Engineering Firm has taken, or proposes to take, to avoid or to mitigate such conflicts of interest. The County may terminate the contract if the County deems such termination to be in the best interest of the County or may terminate the Engineering Firm's assignment to a project based upon its assessment of potential conflict.

A. Trade Secret Confidentiality

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

To properly designate material as trade secret under these circumstances, each Bidder must take the following precautions: (a) any trade secrets submitted by a Proposer must be submitted in a separate, sealed envelope marked "Trade Secret - Confidential and Proprietary Information - Do Not Disclose Except for the Purpose of Evaluating This Bid," and (b) the same trade secret/confidentiality designation must be stamped on each page of the trade secret materials contained in the envelope.

Do not attempt to designate your entire submittal package as a trade secret, and do not attempt to designate pricing information as a trade secret. Doing so may result in your package being disqualified.

In submitting, each Respondent agrees that the county may reveal any trade secret materials contained in such response to all county staff and county officials involved in the selection process, and to any outside consultant or other third parties who assist the county in the selection process. Furthermore, each Respondent agrees to indemnify and hold harmless the county and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material, which the Respondent has designated as a trade secret.

B. Withdrawal of Proposals

Respondents may withdraw or withdraw and resubmit their package at any time prior to the closing time for receipt of proposals. No package may be withdrawn after the scheduled closing time for receipt of package for a period of sixty (60) days.

C. Equal Opportunity

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

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

Pursuant to GS 143-48, New Hanover County encourages small contractors, minority contractors, physically handicapped contractors, and women contractors to submit packages in response to this RFQ.

D. Expense for Solicitation

New Hanover County accepts no liability or actionable claim for reimbursement of any costs or expenses incurred while participating in this solicitation process. This includes expenses and costs related to submission of packages, submission of written questions, interview attendance, contract negotiations, or activities, or activities required for contract execution.

E. Conditions and Limitations

New Hanover County expects to select a consulting firm from the responses submitted but reserves the right to reject any or all responses to the RFQ, to advertise for new responses, or to accept any response deemed to be in the best interest of New Hanover County. A response to the RFQ should not be construed as a contract nor an indication of a commitment of any kind.

F. Award of Contract

Upon review and evaluation of the submittal packages, New Hanover County will decide on a suitable firm, at which time a contract will be negotiated with the best qualified firm. If negotiations are terminated, negotiations with the next firm will commence. All Respondents will be notified of the contract reward via e-mail. New Hanover County reserves the right to award the contract in its entirety, in part, or none of the services, which may be executed with or without re-solicitation.

G. Indemnity

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

H. E-Verify

Pursuant to Session Law 2013-418, Respondents shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. Upon execution of the Contract, County requires an affidavit attesting to the Respondent's compliance. Violation of the provision, unless timely cured, shall constitute a breach of Contract. A copy of the needed E-Verify form is included in this RFQ.

I Federal Uniform Guidance

The source of funds for this Contract is federal funds, the following federal provisions apply pursuant to 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II (as applicable): Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40 U.S.C. 3141-3148); Copeland "Anti-Kickback" Act (40 U.S.C. 3145); Contract Work Hours and Safety Standards Act (40 U.S.C.

3701-3708); Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387); Debarment and Suspension (Executive Orders 12549 and 12689); Byrd Anti-Lobbying Amendment (31U.S.C. 1352); Procurement of Recovered Materials (2 C.F.R. § 200.322); and Record Retention Requirements (2CFR § 200.324).

J Certificate of Authority

Subject to several statutory exceptions, a business entity incorporated or organized in a state other than North Carolina must obtain a certificate of authority from the North Carolina

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

K Iran Divestment Act Certification

N.C.G.S. 143C-6A-5(a) requires this certification for bids or contracts with the State of North Carolina, a North Carolina local government, or any other political subdivision of the State of North Carolina. The certification is required at the following times:

• When a bid is submitted

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

• When a contract is renewed or assigned

N.C.G.S. 143C-6A-5(b) requires that contractors with the State, a North Carolina local government, or any other political subdivision of the State of North Carolina must not utilize any subcontractor found on the State Treasurer’s Final Divestment List.

VII. Evaluation Score Sheet

Failure to include requested information in the RFQ response package will result in a score of zero for the section in which the information applies.

Engineering Firm Name:

Evaluated By:

Company Experience -

• Company's history & experience in solid waste management and design.

• Overall qualifications of project managers and key personnel

• Firm's demonstrated ability to meet onsite upon short notice.

• Overall experience with: 30 Points o Solid waste management regulations o Municipal solid waste landfill cell design, closure, and operation.

o Solid waste transfer station design and operation.

o Landfill gas systems design and operation.

o Stormwater management systems design and operation.

o Leachate management system design and operation.

o Leachate treatment system design and operation.

o Environmental assessment and permitting o Company's expertise and experience with community relations.

II. Project Management: 40 Points

• Firm staff's experience in coastal North Carolina.

• Project manager's experience in design, permitting, and operation of landfills and leachate treatment systems in coastal regions.

• Project team organization and "chain of command".

• Demonstrated ability to multi-task on three (3) or more projects at any one time.

• Data management and project tracking methods.

• Cost and schedule controls.

• Quality assurance procedures.

Ill. Client References 30 Points

TOTAL POINTS: 100 Points

E-Verify Form

E-VERIFY

(To be submitted with your RFQ)

STATE OF

COUNTY OF

I, (hereinafter Affiant), being duly authorized by and on behalf of

(hereinafter "Employer") after first being duly sworn hereby swears or affirms as follows:

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

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

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

a. YES , or

b. NO

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

This day of , 20 .

Signature of Affiant

Print or Type Name:

State of County of

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

My Commission Expires:

Notary Public

(Affix O fficial/Notarial Seal)

Minority & Women Business Enterprise (MWBE) Program

(To be submitted with your RFQ)

Minority & Women Business Enterprise (MWBE) Program

FORM

A. Authorized Representative

I HEREBY AFFIRM THAT:

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

B. Affirmation Regarding MWBEB Program Acknowledgement and Compliance

I FURTHER AFFIRM THAT:

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

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

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

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

Signature: Date:

Notes to persons signing this form:

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

The certification is required at the following times:

When a bid is submitted When a contract is entered into (if the certification was not already made when the vendor made its bid) When a contract is renewed or assigned

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

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

(To be submitted with the RFQ) RFQ Number: 24-0471

Name of Respondent:

IRAN DIVESTMENT ACT CERTIFICATION

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

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

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

Signature Date

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

New Hanover County Contract # 24-0422 DRAFT

STATE OF NORTH CAROLINA PROFESSIONAL SERVICES AGREEMENT

NEW HANOVER COUNTY

THIS AGREEMENT made and entered into this day of 202_ by and between NEW HANOVER COUNTY a political subdivision of the State of North Carolina, hereto referred to "County"; and ,a hereinafter referred to as "Professional."

WIT N ES SETH:

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

1. Scope of Service. County shall hire Professional to provide services in support of their Recycling & Solid Waste Department. Specific work to be addressed will include but not be limited to engineering permitting of improvements, facilities, and operations of the New Hanover County Secure Landfill. Projects that will be addressed include new landfill cell construction design and permitting, landfill site permitting, closure permitting, construction documents for the referenced permits, construction management assistance (CQA/QC) and certifications of construction, leachate management and treatment design and permitting, stormwater management, landfill gas management, greenhouse gas applications, and any other assignments associated with the operation and construction activities of the County's landfill and solid waste management program, as more specifically described on

Exhibit "A" attached hereto and incorporated herein by reference. All services will be assigned pursuant to Task Orders. Whenever services are required of Contractor, detailed scopes of services and associated compensation shall be set forth in Task

Orders following the form attached hereto and incorporated herein as Exhibit A. Each

Task Order will be executed by County and Contractor prior to initiation of services.

2. Payment. County agrees to pay Professional an amount not to exceed$

3. Time of Performanc.e. Professional shall begin services on your receipt of Notice to Proceed and all services shall be completed by June 30, 2027. This

Acct.# 70080200 700000 Reg.# TBD

Acct.# 70080200 700000

Hanover County Contract# 24-0422 DRAFT agreement may be renewed for an additional two (2) one (1) year terms with written Notice of renewal by County.

4. Extra Services. County and Professional shall negotiate and agree upon the value of any extra services prior to the issuance of a County Change Order or

Renewal/Amendment (CRA) form covering said extra services. Such Change Order or

CRA shall set forth the corresponding adjustment, if any, to the Contract Price and

Contract Time.

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

6. Independent Contractor. The parties hereto mutually agree that

Professional is an independent contractor and not an agent of County. Professional shall not be entitled to any County employment benefits, including, but not limited to, vacation, sick leave, insurance, worker's compensation, or pension and retirement benefits.

7. Minimum Scope and Limits of Insurance

7.1. Commercial General Liability

7.1.1 Professional shall maintain Commercial General

Liability (CGL) and if necessary, Commercial Umbrella Liability (CUL) insurance with a total limit of not less than $2,000,000 each occurrence for bodily injury and property damage. If such CGL insurance contains a general aggregate limit, it shall apply separately to this project/location or the general aggregate shall be twice the required limit.

7.1.2 CGL insurance shall be written on Insurance Services

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

Hanover County Contract # 24--0422 DRAFT

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

are to be covered as additional insureds under the CGL by endorsement CG 20 26 or an endorsement providing equivalent coverage as respects to liability arising out of activities performed by or on behalf of Professional; premises owned, leased or used by

Professional; and under the CUL, if any. The coverage shall contain no special limitations on the scope of protection afforded to County, its officers, officials, agents, and employees

7.1.4 Professional's CGL insurance shall be primary as

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

7.2. Worker's Compensation and Employer's Liability

7.2.1 Professional shall maintain Worker's Compensation as

required by the General Statutes of the State of North Carolina and Employer's Liability

Insurance.

7.2.2 The Employer's Liability, and if necessary, CUL

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

7.2.3 The insurer shall agree to waive all rights of

subrogation against County, its officers, officials, agents, and employees for losses arising from services performed by Professional for County.

7.3. Business Auto Liability

7.3.1 Professional shall maintain Business or Personal Auto

Liability and, if necessary, CUL insurance with a limit of not less than $2,000,000 each accident.

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

7.3.3 Business Auto coverage shall be written on ISO form

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

7.3.4 Professional's Business Auto Liability insurance shall

be primary as respects County, its officers, officials, agents, and employees. Any other

Hanover County Contract# 24-0422 ORA FT insurance or self-insurance maintained by County, its officers, officials, agents, and employees shall be in excess of and shall not contribute to Professional's insurance.

7.4. Professional Liability Insurance

7.4.1 Professional shall maintain in force for the duration of this Contract professional liability or errors and omissions liability insurance appropriate to Professional's profession. Coverage as required in this paragraph shall apply to liability for a professional error, act, negligence, or omission arising out of the scope of

Professional's services as defined in this Contract. Coverage shall be written subject to limits of not less than $2,000,000 per loss.

7.4.2 If coverage in this Contract is on a claims-made basis, Professional warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this Contract, and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning from the time that services under the Contract are complete.

7.5. Deductibles and Self-Insured Retentions

7.5.1 Any deductibles or self-insured retentions must be

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

7.5.2 Professional shall be solely responsible for the

payment of all deductibles to which all policies are subject, whether or not…