rfq lwp EDA.pdf

BRUNSWICK COUNTY PUBLIC UTILITIES

OPERATIONS CENTER

250 GREY WATER ROAD NE

SUPPLY, NORTH CAROLINA 28462

MAILING ADDRESS TELEPHONE

P. O. BOX 249 (910) 253-2657

BOLIVIA, NORTH CAROLINA 28422 FAX

(910) 253-4305

October 30, 2023

Request for Qualifications Statements Engineering Services

Longwood Road Sewer Project

Pursuant to 2 C.F.R. § 200.320(b)(2)(iv), Brunswick County is requesting qualifications statements from qualified engineering, environmental, and water resource firms for services associated with the design of approximately 51,500 LF of transmission system force main running along Longwood Road, an estimated 16,500 LF of low-pressure collection system main, a main pumpstation, and the decommissioning of the existing Waccamaw School site wastewater treatment facility. The force main will run from the County’s existing force main at Hwy 17, generally along Longwood Road and will terminate at Waccamaw School in Ash, North Carolina.

Project Funding and Requirements

It is anticipated that the Longwood Road Sewer Project will be funded, in whole or in part, with federal funds from the State Reserve Funds (“SRP”) grant from the American Rescue Plan Act (“ARPA”) through the North Carolina Department of Environmental Quality (“DEQ”) - Division of Water Infrastructure (“DWI”) as approved under the State Water Infrastructure Authority (“SWIA”). Project Number SRP-W-ARP-0297 has been assigned to the Longwood Road Sewer Project. The anticipated maximum amount of funding from DEQ-DWI is $14,956,200.

By using ARPA funds, Brunswick County must comply with the grant award terms and conditions, regulations issued by the U.S. Department of the Treasury (“Treasury”) governing the expenditure of monies distributed pursuant to ARPA (including, without limitation, the Interim Final Rule (86 Fed. Reg. 26,786 (May 17, 2021) and Final Rule (87 Fed. Reg. 4,338 (January 27, 2022)), regulations issued by DEQ-DWI, and such other guidance as Treasury and/or DEQ-DWI has issued or may issue governing the expenditure of these ARPA funds (collectively, the “Regulatory Requirements”).

Pursuant to the Regulatory Requirements, Brunswick County must comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, which includes, without limitation, applicable provisions described in Appendix II to 2 C.F.R. Part 200, each of which is contained in this Request for Qualifications or in the Professional Services Agreement in substantially the form attached hereto.

In accordance with the foregoing, firms interested in being considered for this work must agree to strictly adhere to all terms and conditions contained herein and in the Professional Services Agreement, attached hereto or as may be amended from time to time, as required by Treasury and/or DEQ-DWI. Firms not agreeing to all terms and conditions are expressly prohibited from submitting a qualifications statement for consideration.

Firms agreeing to all terms and conditions and interested in being considered for this work should submit their qualifications to:

Post Office Delivery Hand Delivery or Alternate Shipping Service Regina Quintos-Pascual Regina Quintos-Pascual Brunswick County Public Utilities Utilities Operations Center P. O. Box 249 250 Grey Water Road NE Bolivia, NC 28422 Supply, NC 28462

For consideration, three (3) hard copies and one (1) electronic copy on a USB drive of the response to this Request for Qualifications must be received by the County by close of business (4:30 p.m.

ET) on December 4, 2023. Brunswick County will not be responsible for the failure of any mail or delivery service to deliver responses prior to the stated date and time. Regardless of the manner of submission, any response received after the stated date and time will not be considered.

Incomplete responses or responses inconsistent with the required format may be disqualified from consideration.

All questions or comments shall be submitted to Regina.Quintos@brunswickcountync.gov or at 910-253-1714 by 4:30 p.m. ET on November 17, 2023. A copy of all questions, further clarifications, and answers will be made in the form of an addendum to this Request for Qualifications and will be provided to all known interested firms. Any addendum will also be posted to the County website. Notwithstanding the foregoing, firms are responsible for ensuring that they have all addenda.

Sections shall be divided by tabs that indicate the title of each section. At a minimum, the qualifications statement should include the following information:

1) The company’s full legal name, state of incorporation/organization, primary office location, and a contact person should be noted on the title page.

2) Resumes for the employees and subcontractors that will be assigned to the project. The project manager and other key team members should be clearly identified along with their years of experience and office location. If subcontractors are to be used for any portion of the work, they should be identified, and their qualifications included.

County reserves the right to reject any subcontractor in its sole and absolute discretion.

Any approved subcontractor must also agree to strictly adhere to all terms and conditions of this Request for Qualifications and the Professional Services Agreement.

a) The qualifications statement shall clearly indicate who will oversee the project as well as the roles that each individual shall perform.

b) Special emphasis shall be provided on the individuals’ backgrounds, qualifications, certifications, and experience on related and/or similar projects.

3) Experience on similar projects (3 projects minimum): Each project listed in the

Experience section should include a description and contact person for the listed project. Projects should be similar in size and scope as the proposed project.

4) A project schedule including key milestones should be included. The project schedule should start from the Notice to Proceed and include two-week review times for County staff reviews. A project schedule will be included in the contract for this work.

5) A brief description of the project approach to be used by the firm should be included.

a) In the firm’s own words, describe the understanding of the project, the requirements of the project, the challenges associated with the project, how challenges will be addressed, and the anticipated outcome of the project.

b) Include a discussion of specific tasks expected from County staff and any other requirements of County resources.

c) List all assumptions made in preparing the project approach.

d) Discuss any additions, deletions, or changes to the Scope of Work which may improve the project. Discuss how these changes will affect the associated resources and schedule.

6) A brief discussion of the firm’s ability to properly scope the project should be included. This includes an estimate of man-hours required to complete the various components of the project. Man-hour estimates should be broken down by tasks with separate columns for labor classifications. Each task shall be subtotaled in addition to project totals. Labor rates should not be provided.

Firms are required to have insurance as outlined in the Minimum Insurance Requirements attached hereto and incorporated herein by reference. Firms will be required to provide a Certificate of Insurance with the qualifications statement as evidence that they meet the minimum requirements.

Firms must also have and maintain for the duration of the project an active registration in the federal System for Award Management (SAM.gov). Firms must provide proof of such registration with the qualifications statement.

Brunswick County reserves the right to request financial information for any firm in order to support the viability of the firm.

Brunswick County reserves the right to refuse or reject any or all qualifications and to waive any and all formalities, irregularities, or technicalities. Brunswick County will award the contract to the most qualified firm, pursuant to the evaluation and selection process set forth herein, subject to negotiation of fair and reasonable compensation. Based upon the number of qualifications statements received, the County may subsequently request oral presentations as a part of the selection process. All firms submitting a qualifications statement will receive notification once the contract has been awarded.

A more detailed description of the work to be performed is contained in the enclosed Scope of Work. Firms submitting qualification statements should use the enclosed Scope of Work as a guide but may develop their own scope based upon their experiences on similar projects. The County will negotiate and refine a final Scope of Work with the selected firm. The firm’s final contract shall be based on a fixed-price, lump sum amount, inclusive of permit application fees and other expenses (printing, mileage, per diem, etc.). No additional compensation shall be made for these items.

Brunswick County will not be responsible for any costs or expenses incurred by any firm in submitting a response. Brunswick County reserves the right to cancel the work described herein prior to the issuance and acceptance of any contractual agreement even if the Board of Commissioners has formally accepted the recommendation.

In addition to the terms and conditions contained in this Request for Qualifications, by submitting a response, if selected, the firm agrees to enter into and be bound by the provisions of a Professional Services Agreement in substantially the form attached hereto and incorporated herein by reference.

To the extent that any of the terms of this Request for Qualifications and the terms of the Professional Services Agreement conflict, the terms of the Professional Services Agreement shall prevail. No work shall commence until an agreement has been fully executed by the parties.

Qualifications Selection Criteria and Weighting

Statements of Qualifications will be evaluated based on the following criteria:

1. Qualifications and accessibility of key individuals identified in the qualifications statement that will be assigned to the project;

2. The firm’s experience in providing similar services for similar projects;

3. Ability to meet established schedules;

4. Capability of firm to manage the work and to provide a project approach that best meets the project intent;

5. Ability to properly scope the project; and

6. Qualifications statement appearance and presentation.

The firm will be selected based on the above criteria and weighting scale. A panel will review and score the responses individually. The panel will then meet to discuss and compare their individual criteria weighting to rank respondents and collectively determine who is the most qualified firm for the project based on the firm’s demonstrated competence and qualifications without regard to price.

Qualifications Selection Criteria Qualifications Selection Criteria Weighting

Max Points Qualifications and accessibility of key individuals identified in the qualifications statement that will be assigned to the project 25

The firm’s experience in providing similar services for similar projects 20

Ability to meet established schedules 15 Capability of firm to manage the work and to provide a project approach that best meets the project intent 15

Ability to properly scope the project 15 Qualifications statement appearance and presentation. 10

Total Points 100

Compliance with Federal Laws, Regulations, and Executive Orders

Firms submitting a qualifications statement hereby acknowledge that federal financial assistance will be used to fund all or a portion of this procurement. As such, firms shall comply with all applicable federal laws, regulations, executive orders, federal government policies, procedures, directives, and the terms and conditions of the funding award. Firms further acknowledge that funding is contingent upon compliance with the foregoing.

Disclaimer of Federal Government Obligations or Liability

Firms submitting a qualifications statement, and any subcontractors, acknowledge and agree that, notwithstanding any concurrence by the federal government in or approval of the solicitation or award of a contract in connection with this Request for Qualifications, absent the express written consent by the federal government, the federal government is not a party to this procurement or any subsequent agreement and shall not be subject to any obligations or liabilities to the firm, or any other party pertaining to any matter resulting from the Request for Qualifications or subsequent agreement. It is further agreed that this clause shall be included in each subcontract and shall not be modified, except to identify the subcontractor who will be subject to its provision.

Federal Uniform Guidance

As funding for this procurement is from a federal source, the following provisions also apply (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)

• Federal Water Pollution Control Act (33 U.S.C. 1251-1387)

• Debarment and Suspension (Executive Orders 12549 and 12689)

• Byrd Anti-Lobbying Amendment (31 U.S.C. 1352)

• Domestic Preference for Procurements (2 C.F.R. § 200.322)

• Procurement of Recovered Materials (2 C.F.R. § 200.323)

• Record Retention Requirements (2 C.F.R. § 200.334)

• Prohibition on Contracting for Covered Telecommunications Equipment or Services (2

C.F.R. § 200.216)

• Title VI of the Civil Rights Act of 1964

• Section 504 of the Rehabilitation Act of 1973

• The Age Discrimination Act of 1975

Minority Business Enterprises

Firms are required to take all necessary “affirmative steps” identified in 2 C.F.R. § 200.321(b)(1)-

(5) to ensure that small and minority businesses, women’s business enterprises, and labor surplus area firms are used when possible. Firms shall: (1) place qualified small and minority businesses and women’s business enterprises on its solicitation lists; (2) assure that small and minority businesses and women’s business enterprises are solicited whenever they are potential sources; (3) divide total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses and women’s business enterprises; (4) establish delivery schedules, where the requirement permits, which encourage participation by small and minority businesses and women’s business enterprises; (5) use the services and assistance, as appropriate, of the Small Business Administration, the Minority Business Development Agency of the Department of Commerce, and the North Carolina Office for Historically Underutilized Businesses.

For the purposes of this section, an entity shall qualify (1) as a “minority business” or “women’s business enterprise” if it is currently certified as a North Carolina “historically underutilized business” under Chapter 143, Section 128.4(a) of the North Carolina General Statutes, and (2) as a “small business” if it is independently owned and operated and is qualified under the Small Business Administration criteria and size standards at 13 C.F.R. Part 21.

Utilization of Small Business Concerns

Pursuant to 48 C.F.R. § 52.219-8:

“(a) It is the policy of the United States that small business concerns, veteran-owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns shall have the maximum practicable opportunity to participate in performing contracts let by any Federal agency, including contracts and subcontracts for subsystems, assemblies, components, and related services for major systems. It is further the policy of the United States that its prime contractors establish procedures to ensure the timely payment of amounts due pursuant to the terms of their subcontracts with small business concerns, veteran- owned small business concerns, service-disabled veteran-owned small business concerns, HUBZone small business concerns, small disadvantaged business concerns, and women-owned small business concerns.

(b) The firm hereby agrees to carry out this policy in the awarding of subcontracts to the fullest extent consistent with efficient contract performance. The firm further agrees to cooperate in any studies or surveys as may be conducted by the United States Small Business Administration or the awarding agency of the United States as may be necessary to determine the extent of the firm’s compliance with this clause.

(c) Definitions. As used herein –

HUBZone small business concern means a small business concern that appears on the List of Qualified HUBZone Small Business Concerns maintained by the Small Business Administration.

Service-disabled veteran-owned small business concern –

(1) Means a small business concern –

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled veterans; and

(ii) The management and daily business operations of which are controlled by one or more service-disabled veterans or, in the case of a service-disabled veteran with permanent and severe disability, the spouse or permanent caregiver of such veteran.

(2) Service-disabled veteran means a veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

Small business concern means a small business as defined pursuant to Section 3 of the Small Business Act and relevant regulations promulgated pursuant thereto.

Small disadvantaged business concern means a small business concern that represents, as part of its offer that— (1)

(i) It has received certification as a small disadvantaged business concern consistent with 13 CFR part 124, subpart B;

(ii) No material change in disadvantaged ownership and control has occurred since its certification;

(iii) Where the concern is owned by one or more individuals, the net worth of each individual upon whom the certification is based does not exceed $750,000 after taking into account the applicable exclusions set forth at 13 CFR 124.104(c)(2); and

(iv) It is identified, on the date of its representation, as a certified small disadvantaged business in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, or

(2) It represents in writing that it qualifies as a small disadvantaged business (SDB) for any Federal subcontracting program, and believes in good faith that it is owned and controlled by one or more socially and economically disadvantaged individuals and meets the SDB eligibility criteria of 13 CFR 124.1002.

Veteran-owned small business concern means a small business concern –

(1) Not less than 51 percent of which is owned by one or more veterans (as defined at 38 U.S.C. 101(2)) or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more veterans; and

(2) The management and daily business operations of which are controlled by one or more veterans.

Women-owned small business concern means a small business concern –

(1) That is at least 51 percent owned by one or more women, or, in the case of any publicly owned business, at least 51 percent of the stock of which is owned by one or more women; and

(2) Whose management and daily business operations are controlled by one or more women.

(d)

(1) Firms acting in good faith may rely on written representations by their subcontractors regarding their status as a small business concern, a veteran-owned small business concern, a service-disabled veteran-owned small business concern, a small disadvantaged business concern, or a women-owned small business concern.

(2) The firm shall confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concern by accessing the System for Award Management database or by contacting the SBA.

Options for contacting the SBA include –

(i) HUBZone small business database search application Web page at http://dsbs.sba.gov/dsbs/search/dsp_searchhubzone.cfm or http://www.sba.gov/hubzone;

(ii) In writing to the Director/HUB, U.S. Small Business Administration, 409 3rd Street, SW., Washington DC 20416; or

(iii) The SBA HUBZone Help Desk at hubzone@sba.gov.”

Energy Conservation Requirements

Pursuant to 42 U.S.C. 6321 et seq., firms agree to comply with 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.

American with Disabilities Act (ADA)

Firms agree to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC § 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794; 49 USC § 5301(d); and any implementing requirements of the federal government. These regulations provide that no handicapped individual, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity included in or resulting from this proposal.

Privacy Act

Firms agree to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. Firms agree to obtain the express consent of the federal government before the firm or its employees operate a system of records on behalf of the federal government. Firms understand that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract.

Firms also agree to include these requirements in each subcontract to administer any system of records on behalf of the federal government financed, in whole or in part, with federal assistance.

Drug Free Workplace

Firms shall adhere to the Federal Drug Free Workplace requirements as outlined in 2 C.F.R. § 182.

Firms shall make good faith efforts to maintain a drug-free workplace, publish a workplace statement and establish drug-free awareness programs for employees. Firms should take action concerning employees who are convicted of violating drug statutes in the workplace. Firms shall http://dsbs.sba.gov/dsbs/search/dsp_searchhubzone.cfm mailto:hubzone@sba.gov contact Brunswick County if it cannot adhere to the requirements of the federal regulations noted above. Failure to comply with said provisions shall be considered a breach of contract.

Certification

The firm submitting a qualifications statement hereby certifies that it has carefully examined this Request for Qualifications and all attachments hereto, that it understands and accepts all terms and conditions and the scope of work, and that it has knowledge and expertise to complete the project.

If you have any questions, please call us at (910)-253-1714.

Regina Quintos-Pascual Engineering Project Manager v11.102022

SCOPE OF WORK

Longwood Road Sewer Project Design and Engineering

1. BACKGROUND

The Longwood Road Sewer Project will result in the construction of approximately 51,500 LF transmission sewer force main and approximately 16,500 LF of 2” collection system line. In addition, the design shall account for the connection of approximately 200 grinder pumps and will include an anchor lift station on the Waccamaw School site. The plans are to include the decommissioning of the existing Waccamaw School wastewater treatment facility. The force main shall connect to the County’s existing force main at Hwy 17. The selected firm shall verify exact design of the force main.

2. STUDY AND REPORT PHASE

The selected firm shall identify, evaluate, document, and provide preliminary construction cost estimates for the transmission main routes and its variations. Additionally, the firm shall evaluate and provide cost estimates for the low-pressure collection systems to serve existing homes, the decommissioning of the existing treatment facility located at the Waccamaw School, and the construction of a main lift station at the school. The firm shall identify potential easement locations along each route and shall consult with NCDOT concerning encroachments needed within DOT rights-of-way. County staff will provide recommendations to the firm for areas to be sewered using low pressure systems. The firm shall prepare an overview map of the force main route with variations along with low-pressure systems using the latest digital aerial photos and other record data. The overview map shall indicate existing utilities and potential easements. The firm shall provide copies of the overview map and review the map with the County.

The firm shall revise the overview map based on County’s review comments and include the map in a report summarizing the firm’s findings and recommendations. Based upon the study and report, County will select a desired route for the transmission main and the locations for the low-pressure collection systems.

The firm shall confirm the anticipated size of the transmission force main line using the latest hydraulic model as provided by the County.

3. WETLANDS DELINEATION

The firm shall perform wetlands delineation sufficient for receipt of all Army Corps of Engineers and NCDEQ permitting. Wetland areas that are sufficiently dry shall be evaluated for pipe installation using open trench techniques.

4. GEOTECHNICAL INVESTIGATION

The firm shall perform geotechnical evaluation at all likely directional drill locations, including, but not limited to, Shallotte River, Lookout Branch, Wet Ash Swamp, Milliken Swamp, Flat Branch, and Gore Branch. Geotechnical borings shall be advanced to refusal or 5’ below the maximum depth of the directional drill, whichever is encountered first. Geotechnical recommendations and soil boring logs shall be incorporated into the Contract Documents.

5. SURVEY

The firm shall provide base mapping of the route inclusive of all above-ground and underground features. All above-ground features shall be surveyed, including, without limitation, breaks in elevation (centerline and top of ditch, etc.). An adequate number of elevation points shall be surveyed to develop contours of the area. The firm shall clearly indicate all utilities, indicating size, type, and owner information. Survey data shall be supplemented by existing maps, as-builts, and utility locates. Base mapping will indicate both edges of pavement and existing utilities on both sides of the roadway. Additionally, edges of wetlands and geotechnical boring sites shall be surveyed and clearly shown on the base mapping. Adjacent properties shall be identified by owner and parcel ID number. The survey should include enough information for use in obtaining all necessary permits including the NC DOT and NC DEQ permits.

6. PRELIMINARY DESIGN

The firm shall prepare design drawings, details, and technical specifications adequate to apply for and receive all necessary permits and encroachments for the transmission, collection and lift stations along with the decommissioning of the existing wastewater treatment facility at the Waccamaw School.

The transmission force main shall be based on engineering analysis but shall be a minimum of12” in diameter. County staff shall provide the current hydraulic model. The proposed pipe sizes shall be evaluated using hydraulic modeling software. Directional drill piping shall be upsized to provide the best-match interior diameter to the piping installed by open cut methods. Preliminary drawings shall clearly indicate easement areas, shut-off valves, directional drill locations, bore and jack locations, air release valves, metering vaults, and bypass piping.

The lift station shall be designed in accordance with Brunswick County standards and account for future growth as defined in the 2023 Brunswick County Comprehensive Wastewater Master Plan.

The low-pressure collection systems shall be designed in accordance with Brunswick County standards.

The firm will be responsible for the design of all systems for the project. The firm will design the collection system as well as the transmission system and provide layout information to the contractor. The design should show all existing utilities located within the project area and the location should be based upon information from the affected utility. It is anticipated that construction will occur in NC DOT rights-of-way or in County-owned utility easements or within private access easements. Any easements or properties to be acquired must also be surveyed and plats suitable for recording prepared. The construction of the collection system must be coordinated with the construction of the transmission system such that transmission system is available upon completion of the collection system. The decommissioning of the existing treatment facility shall not occur until the lift station and transmission mains are approved and operational.

7. PERMITTING

Upon approval of the Preliminary Drawings, the firm shall prepare and submit permits and permit fees to regulatory agencies. At a minimum, these shall include:

• NCDOT Encroachment Agreement

• US Army Corps of Engineers Permits and/or Notifications (401/404 Permits)

• NCDEQ Division of Water Quality Wetlands Permits

• NCDEQ Division of Water Quality Sewer Fast Track Application

• NCDEQ Division of Land Resources Erosion and Sediment Control Permit

• NCDEQ Division of Water Quality Stormwater Permit

• Brunswick County Stormwater Permit

• Brunswick County Zoning and Planning Approval inclusive of all required Departmental

Approvals (Engineering, Fire Marshal, etc.)

• Other Permits as required by all Federal, State and Local authorities.

The firm shall perform field work, furnish plans and specifications, document preparation, regulatory meetings, responses, evaluate alternatives, and provide recommendations concerning permitting. The firm will also solicit comments from the appropriate regulatory agencies during the preliminary design process. Where possible, all regulatory agency comments that are received should be addressed at this project stage.

8. EASEMENT MAPS

Upon receipt of the NCDOT Encroachment Agreement or notice by County, the firm shall prepare easement maps. Mapping shall comply with the requirements of the local zoning officer and the Brunswick County Planning Department. The firm shall receive all signatures from Zoning Compliance Officers and Planning Department personnel necessary for recording of the maps.

Initially, twenty-seven (27) easements will be required with provision in the final contract to add or delete easement maps as necessary. The firm shall also help identify and provide maps as necessary to secure permanent access to the proposed lines.

9. FINAL DESIGN

Upon receipt of the NCDOT Encroachment Agreement or notice by County, the firm shall prepare final design drawings, details, and Contract Documents for bidding purposes. Standard County “front end” documents shall be provided to the firm for use in preparing the final contract documents.

The firm shall review and utilize Brunswick County standard technical specifications when available and applicable and shall supplement Brunswick County technical specifications as needed. The firm shall ensure there is no overlap between the technical specifications and the County’s standard “front end” documents. The bid documents shall be prepared to a state where they are ready for advertisement. All bidding and contract documents must be approved by the County prior to advertising same.

The firm shall prepare an updated Opinion of Probable Cost. County will supply the firm with comments for inclusion in the final design.

10. BIDDING AND NEGOTIATING PHASE

All contracts and bidding documents must be approved by the County prior to advertising the project. The firm shall assist in advertising the project, conduct a pre-bid meeting, post bid documents to plan room internet sites, provide all necessary hard copy Contract Documents, respond to contractor questions, evaluate substitutions, prepare and distribute addenda and clarifications, attend bid opening; review bids, provide certified bid tabulation, assist with bid protests, make recommendation of award, consult with County on the acceptability of contractors, suppliers, and manufacturers, and assist County in negotiations with contractors.

11. CONSTRUCTION SERVICES

The firm shall provide sufficient project inspection and shall consult with the County Inspector sufficiently for the firm to provide all necessary certifications at the close of the project. The firm shall evaluate all test reports, review construction observation reports, ensure compliance with the Contract Documents, prepare conformed documents, conduct a pre-construction meeting, conduct monthly progress meetings, inspect the project no less than once per week and document inspection findings, review shop drawings and contract required submittals, review schedules, review Requests for Information, issue clarifications and interpretations of the Contract Documents, review and approve applications for payment, prepare change orders and work change directives, develop punch lists, review maintenance and operating instructions, review schedules, guarantees, and bonds, conduct final walk-throughs. The firm shall prepare Record Drawings showing appropriate record information based on project annotated record documents received from contractor and furnish such Record Drawings to County in both AutoCAD and paper format.

The firm shall prepare operation and maintenance manuals as required. The firm shall assist County in determining the date of Substantial Completion and Final Completion.

12. POST-CONSTRUCTION PHASE

The firm shall visit the project to observe any apparent defects in the work, assist County in consultations and discussions with contractor concerning correction of any such defects, and make recommendations as to replacement or correction of defective work, if any. The firm shall visit the project within one (1) month before the end of the construction contract’s warranty period to ascertain whether any portion of the work is subject to correction and provide County a report of findings. The firm shall verify any warranty work completed by the contractor is in compliance with the Contract Documents.

NORTH CAROLINA PROFESSIONAL SERVICES AGREEMENT

FOR ARCHITECTURAL, ENGINEERING

BRUNSWICK COUNTY AND/OR SURVEYING SERVICES

(Mini-Brooks Act/Qualification Based Selection) [Federal Funding]

THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter referred to as the “Agreement”) is made and entered into by and between Brunswick County, a body politic and corporate of the State of North Carolina, (hereinafter referred to as “County” or “Owner”), party of the first part and {Vendor Name}, (hereinafter referred to as “Provider”) [or “Architect,” “Engineer,” or “Surveyor,” as applicable], party of the second part.

WITNESSETH:

1. SERVICES; FEES

Provider agrees to perform the services (hereinafter referred to as the “Services”) in connection with the project (hereinafter referred to as the “Project”) at the agreed upon fees, all as more fully set forth on Exhibit “A” attached hereto.

Any exhibits or attachments referenced herein are hereby incorporated by reference and made a part of this Agreement. Any conflict between the language in an exhibit or attachment and the main body of this Agreement shall be resolved in favor of the main body of this Agreement.

2. TERM OF AGREEMENT; TIME OF COMPLETION

The term of this Agreement begins one (1) business day after approval by the Brunswick County Board of Commissioners (the “Effective Date”) and continues in effect until {Expiration Date}, unless extended or sooner terminated as provided for herein or in the General Conditions of the Contract. Notwithstanding the foregoing, Provider shall complete the Services in accordance with the schedule set forth herein (the “Time of Completion”), unless extended as provided for in the General Conditions of the Contract.

3. TERMINATION

County may terminate this Agreement at any time without cause by giving written notice to Provider. As soon as practicable after receipt of a written notice of termination without cause, Provider shall submit a statement to County showing in detail the work performed under this Agreement through the effective date of termination. County may terminate this Agreement for cause by giving written notice of a breach of the Agreement. Provider shall have fifteen (15) days to cure the breach following receipt of the notification. Failure to cure the breach within the fifteen

(15) days shall result in the immediate termination of the Agreement. Notwithstanding the foregoing, County may terminate this Agreement immediately and without notice to Provider if Provider becomes insolvent, makes or has made an assignment for the benefit of creditors, is the subject of proceedings in voluntary or involuntary bankruptcy instituted on behalf of or against Provider, or has a receiver or trustee appointed for substantially all of its property, or if Provider allows any final judgment to stand against it unsatisfied for a period of forty-eight (48) hours.

4. BRUNSWICK COUNTY GENERAL CONDITIONS OF THE CONTRACT

If applicable, this Agreement, in addition to any construction documents prepared hereunder, shall be subject to the Brunswick County, North Carolina General Conditions of the Contract (for construction contracts), unless County directs otherwise. In the event of a conflict between the General Conditions of the Contract and this Agreement, this Agreement shall prevail.

5. NONAPPROPRIATION

If the Board of County Commissioners does not appropriate the funding needed by County to make payments under this Agreement for a given fiscal year, County will not be obligated to pay amounts due beyond the end of the last fiscal year for which funds were appropriated. In such event, County will promptly notify Provider of the non-appropriation and this Agreement will be terminated at the end of the last fiscal year for which funds were appropriated. No act or omission by County which is attributable to non-appropriation of funds shall constitute a breach of or default under this Agreement.

6. COMPENSATION

County agrees to pay fees as specified in Exhibit “A” or as set out above for the Services satisfactorily performed in accordance with this Agreement. Unless otherwise specified, Provider shall submit monthly invoices to County and include detail of all Services delivered or performed under the terms of this Agreement. County shall pay all undisputed and properly completed invoices within forty-five (45) days of receipt. Notwithstanding the foregoing, County will not pay late fees on any charges under this Agreement. If County disputes any portion of the charges on any invoice received from Provider, County shall inform Provider in writing of the disputed charges. Once the dispute has been resolved, Provider shall re-invoice County for the previously disputed charges, and, per any resolution between County and Provider, County shall pay those charges in full at that time. No advance payment shall be made for the Services to be performed by Provider under this Agreement.

7. INDEPENDENT CONTRACTOR

Both County and Provider agree that Provider shall act as an independent contractor and shall not represent itself as an agent or employee of County for any purpose in the performance of its duties under this Agreement. Provider represents that it has or will secure, at its own expense, all personnel required in performing the Services under this Agreement. Accordingly, Provider shall be responsible for payment of all federal, state and local taxes arising out of its activities in accordance with this Agreement, including, without limitation, federal and state income tax, social security tax, unemployment insurance taxes and any other taxes or business license fees as required.

Provider shall not be entitled to participate in any plans, arrangements or distributions by County pertaining to or in connection with any pension, stock, bonus, profit sharing or other benefit extended to County employees.

In the event the Internal Revenue Service should determine that Provider is, according to Internal Revenue Service guidelines, an employee subject to withholding and social security contributions, then Provider hereby acknowledges that all payments hereunder are gross payments, and Provider is responsible for all income taxes and social security payments thereon.

8. OPINIONS OF COST

If applicable, Provider shall provide opinions of probable construction costs, including but not limited to, designer fees, costs of construction, costs of equipment, furnishings, signage, permit fees and appropriate contingencies, at Project intervals determined by County. Such opinions of costs shall be representative of Provider’s best judgment as an experienced and qualified professional generally familiar with the construction industry. The parties acknowledge that actual bids, proposals and costs may vary from Provider’s opinions of costs based on the cost of labor, materials, equipment or services furnished by others, differing methods for determining prices, competitive bidding or other market conditions. When requested by County, Provider shall participate in rebidding, renegotiation and design adjustments to the extent such are necessary to reduce Project costs. Such services shall be performed by Provider without additional compensation.

9. PERMITS AND APPROVALS

If applicable, Provider shall provide County with a schedule of all required approvals and the dates by which application for such approvals must be made in order to avoid any risk of delay to the Project. Provider shall prepare the necessary application forms, present documents requiring approval by County and submit documents with County approval to appropriate federal, state and local government or other agencies in a timely manner.

10. ENVIRONMENTAL CONDITIONS

County shall disclose to Provider the existence of all known and suspected hazardous substances, including, without limitation: asbestos; polychlorinated biphenyls (PCBs); petroleum;

hazardous waste; or radioactive material located at or near the site where the Services are to be performed. If Provider discovers any undisclosed hazardous substances, or if investigative or remedial action or other professional services are necessary, Provider may, at its option and without liability for damages, suspend performance of the Services hereunder until County: (1) retains an appropriate specialist consultant or contractor to identify and, as appropriate, abate, remediate or remove the hazardous substances; and (2) warrants that the site where the Services are to be performed are in full compliance with applicable laws and regulations. Notwithstanding the foregoing, if the presence of any hazardous materials adversely affects the performance of Provider’s duties under this Agreement, then Provider shall have the option of: (1) accepting an equitable adjustment in its compensation or in the time of completion, or both; or (2) terminating this Agreement for cause upon thirty (30) days’ written notice to County.

11. PROVIDER REPRESENTATIONS

(1) Provider is a duly organized entity or corporation qualified to do business and in good standing under the laws of the State of North Carolina;

(2) Provider has all requisite corporate power and authority to execute, deliver and perform its obligations under this Agreement;

(3) No approval, authorization or consent of any governmental or regulatory authority is required to be obtained or made by it in order for Provider to enter into and perform its obligations under this Agreement;

(4) In connection with Provider’s obligations under this Agreement, it shall comply with all applicable federal, state and local laws and regulations and shall obtain all applicable permits and licenses;

(5) Provider shall not violate any agreement with any third party by entering into or performing the Services under this Agreement;

(6) Provider has not engaged in corrupt, fraudulent or coercive practices in competing for or executing this Agreement;

(7) Provider will perform all Services in conformity with the specifications and requirements of this Agreement;

(8) The Services provided by Provider under this Agreement will not violate, infringe or misappropriate any patent, copyright, trademark or trade secret rights of any third party, or any other third-party rights (including, without limitation, non-compete agreements);

(9) Provider shall exercise reasonable care and diligence when performing the Services hereunder and will ensure that it adheres to the highest generally accepted standards in the industry when performing said Services;

(10) Provider shall be responsible for all errors, omissions or deficiencies in technical accuracy in any drawings, specifications or other documents prepared or services rendered by Provider, its subcontractors or consultants and shall correct, at no additional cost to County, any and all errors, omissions, discrepancies, ambiguities, mistakes, deficiencies or conflicts;

(11) Provider acknowledges that if any specific licenses, certifications or related credentials are required in its performance of the Services, it will ensure that such credentials remain current and active and not in a state of suspension or revocation;

and

(12) Provider shall ensure that whenever its employees or agents are on County property, they will strictly abide by all instructions and directions issued by County with respect to rules, regulations, policies and security procedures applicable to work on County’s premises. Such rules, regulations, policies and security procedures shall include, but not be limited to: (i) not possessing any controlled substances; (ii) smoking only in designated smoking areas, if any; and (iii) not possessing weapons, except for weapons possessed by law enforcement officials.

12. COMPLIANCE WITH FEDERAL LAWS, REGULATIONS, AND EXECUTIVE

ORDERS

This is an acknowledgment that federal financial assistance will be used to fund all or a portion of the Agreement. Provider will comply with all applicable federal laws, regulations, executive orders, federal government policies, procedures, and directives.

13. DAMAGE TO EQUIPMENT, FACILITIES, PROPERTY OR DATA

Provider shall be solely responsible for any damage to or loss of County’s equipment, facilities, property and/or data arising out of the negligent or willful act or omission of Provider or its subcontractors or consultants. In the event that Provider causes damage to County’s equipment or facilities, Provider shall, at its own expense, promptly repair or replace such damaged items to restore them to the same level of functionality that they possessed prior to such damage.

14. NON-ENDORSEMENT AND PUBLICITY

County is not endorsing Provider or its Services, and Provider is not permitted to reference this Agreement or County in any manner without the prior written consent of County.

Notwithstanding the foregoing, the parties agree that Provider may list County as a reference in response to requests for proposals and may identify County as a customer in presentations to potential customers.

15. NON-EXCLUSIVITY

Provider acknowledges that County is not obligated to contract solely with Provider for the Services covered under this Agreement.

16. DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL

Provider hereby certifies that it has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. § 147-86.81.

17. BYRD ANTI-LOBBYING AMENDMENT, 31 U.S.C. § 1352 (AS AMENDED)

Contractors or Providers who apply or bid for an award of more than $100,000 shall file the required certification. Each tier certifies to the tier above that it will not and has not used federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any federal contract, grant, or any other award covered by 31 U.S.C. § 1352. 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 who in turn will forward the certification(s) to the awarding agency.

18. PROCUREMENT OF RECOVERED MATERIALS

(1) In the performance of this Agreement, Provider shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired –

i. Competitively within a timeframe providing for compliance with the

Agreement performance schedule;

ii. Meeting Agreement performance requirements; or

iii. At a reasonable price.

(2) Information about this requirement, along with the list of EPA-designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program.

(3) Provider also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

19. PROHIBITION ON CONTRACTING FOR COVERED TELECOMMUNICATIONS

EQUIPMENT OR SERVICES

(1) Definitions. As used in this section, the terms Backhaul; Covered Foreign Country;

Covered Telecommunications Equipment or Services; Interconnection Arrangements;

Roaming; Substantial or Essential Component; and Telecommunications Equipment or Services have the meanings as…