Structural and Site Repair Services - Barge Canal Pump Station.pdf

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REQUEST FOR QUOTE (RFQ)

THE MATTAMUSKEET ASSOCIATION

Structural and Site Repair Services – Barge Canal Pump Station

RFQ #2026-10-20

1. Purpose and General Information

The Mattamuskeet Association requests quotes from qualified firms and individuals for structural and site repair services at the Barge Canal Pump Station (Site MA-19), to address damages to the intake grate, walkway, bulkhead cap, and control building as a result of Hurricane Matthew in October 2016. The work does not include any repairs, modifications, or maintenance involving the pumps or pump equipment. All work is limited to structural, access, and site-related repairs only. The Mattamuskeet Association seeks to enter into a one-time contractual agreement with a firm or individual to provide the services contained within this RFQ. This RFQ will provide the framework for the contract to be executed by the Mattamuskeet Association and the successful firm or individual.

The Mattamuskeet Association, hereinafter referred to as the “MA,” is located in northeastern Hyde County, North Carolina and its boundary encompasses approximately 66 square miles. The MA is a private non-profit organization that provides drainage, flood control, maintained access, and utility conveyance for its members and surrounding public areas. The MA is dependent upon a network or canals to convey drainage water to 5 perimeter pump stations for removal from within the MA. The successful firm or individual is expected to provide the services necessary to make the structural and site repairs at the Barge Canal Pump Station (Site MA-19).

While cost may be one of several considerations used in selecting a firm or individual for the project, the qualifications and competence of the firm will be the paramount consideration in the selection process, along with past work experience. The selected firm or individual will be hired as an independent contractor to carry out the described Scope of Services and will therefore be referred to as “Contractor” throughout the remainder of this RFQ.

An aerial map titled “Structural and Site Repair Services – Barge Canal Pump Station (Site MA-19)” is included as Attachment A to this RFQ. It shows the approximate location of each listed job. Recent images showing the existing conditions of the repair areas are included in Attachment B. The FEMA Federal Provisions Addendum, which will be incorporated into any contract resulting from this RFQ, is included as Attachment D.

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2. Scope of Services

The MA requires structural and site repair services to address damages at the Barge Canal Pump Station resulting from Hurricane Matthew in October 2016. As such, the Contractor should be capable of providing both labor and equipment necessary to effectively and efficiently perform the structural and site repairs. The detailed scope of work requirements are provided in Exhibit A to Attachment C.

3. Grouping of Work Projects for Pricing Quotes & Evaluation by MA

The Scope of Services in Section 2 of this RFQ describes (4) separate jobs to be carried out by one Contractor. Bidders shall price all four of these jobs. However, it should be understood the MA expects the prosecution of this work to be timely and there is an expectation that multiple jobs may be carried out concurrently. Prior to awarding any jobs to any perspective Contractor, a schedule of work will need to be provided satisfactory to the Operations Manager of the MA.

If the proposing Contractor intends to pair up with others to accomplish the work, such pairing should be noted in your pricing submission. Otherwise, the MA may choose to not award all the work to a single Contractor if it has not been demonstrated the total of the work can be completed in a timely manner. Bidders are encouraged to price each individual job as a standalone enterprise. For Bidders willing to price all four jobs and demonstrate the ability to carry out all in a timely manner, a volume discount may be allowed as a part of awarding all the work to a single Contractor. If such a pricing discount is allowed, Contractor should be sure to indicate that on the pricing submission.

4. Schedule of Operations & Payment

It is anticipated that the successful Contractor will be able to begin work within 14 days of an award by the MA. Work stoppages other than for inclement weather are not allowed unless prior approval is obtained from the Operations Manager. Saturday, Sunday, and Holiday work is authorized, but not required.

The pricing will be LUMP SUM amounts for EACH of the 4 jobs described in Exhibit A to Attachment C.

5. Satisfaction of Job Requirements

The Operations Manager for the MA will have final and absolute authority to determine when jobs have been completed satisfactorily, and payments or progress payments are allowed. The Operations Manager is currently Wilson Daughtry. Invoices should be tendered to the MA when jobs are accepted as complete by the Operations Manager, and payment will be made within 15 days for approved invoices.

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6. Submission Requirements

The Contractor's signed quote shall be submitted as outlined in Section 12, on the enclosed form titled Contractor Pricing Submission Form included with this RFQ. All information must be completed, or the submission may be deemed unresponsive and will not be considered.

Additional pages may be added to the form if needed.

7. Licenses, Permits and Certificates

All licenses, permits, and certificates required for and in connection with any and all parts of the work to be performed as proposed within this RFQ and any resulting contract document, shall be secured by the Contractor entirely at its own expense. There are no known environmental permits required for this described work.

8. Laws and Ordinances

The contract will be governed by North Carolina law.

9. Independent Contractor

The relationship of the Contractor to the MA shall be that of an Independent Contractor.

10. Binding

The Contractor shall be bound by its submitted quote for a period of sixty (60) calendar days from the submittal due date, unless sooner awarded. A firm may withdraw a submitted quote by written request prior to the date and time of the proposal opening.

11. Assignment and Subcontracting

Without prior approval by the MA, the Contractor shall not assign or subcontract the work described within this RFQ, or any contract resulting from it, for the Structural and Site Repair Services. If subcontractors are to be used for any portion of this proposed work, notice should be made to the MA on the Contractor Pricing Submission Form. The Contractor shall be fully responsible and accountable to the MA for the acts and omissions of persons directly or indirectly employed by him, including any subcontractors and subcontractor employees.

12. Submission of Quotes

A. Please submit one (1) signed pdf copy, of the Contractor Pricing Submission Form via email. All quotes shall be identified "RFQ #2026-10-20, Structural and Site Repair Services – Barge Canal Pump Station". Submissions will be received no later than Tuesday, November 17, 2026 at 5:00 P.M. EST, at the Office of the Mattamuskeet

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Association, 3278 Airport Road, Engelhard NC 27824. Each bidder is responsible for determining that all addenda issued by the MA has been received before submitting a quote.

B. Quotes may also be mailed through the US Postal Service to the MA address, P.O. Box 81, Engelhard NC 27824. However, it is the responsibility of the offeror to ensure the package arrives ahead of the deadline. Any packages not received by the deadline stated may be discarded.

C. Quotes will not be accepted via fax machine.

D. If mailing, mark outside of envelope with quote subject, "RFQ #2026-10-20, Structural and Site Repair Services – Barge Canal Pump Station"

E. Time is of the essence and any quote received after the announced time and date for submittal, whether by mail or otherwise, will be rejected. It is the sole responsibility of the individual or firm for ensuring that its quote is received by the MA Operations Manager before the deadline indicated above. The MA may request supplemental or additional information at any time during the procurement process from any firm or individual.

F. Nothing herein is intended to exclude any potential bidder or in any way restrain or restrict competition. On the contrary, all responsible firms/individuals are encouraged to submit quotes. The MA reserves the right to waive any informality, to reject any and/or all quotes, and to accept any quote which in its opinion may be in the best interest of the MA. The MA is not obligated to award any of the jobs listed in this RFQ.

G. Any “Contractor Pricing Submission Form” submitted must be signed by an individual authorized to bind the firm. All quotes submitted without such signature may be deemed non-responsive.

H. HUB/DBE Bidders: The MA encourages all businesses, including historically under-utilized and disadvantaged business enterprises to respond to all RFP's, IFB's, and RFQ's.

I. Incurring Cost: The MA shall not be liable for any cost incurred prior to the execution of the contract, such as quote preparation.

13. Disqualifications

The MA reserves the right to disqualify any firm or individual upon reasonable evidence of collusion with intent to defraud or to commit any other illegal practices on the part of the firm or individual. Failure to comply with applicable State laws concerning insurance may also be grounds for disqualification.

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14. Inquiries

Questions concerning this RFQ should be directed by email or US Mail to:

Mr. Wilson Daughtry Mattamuskeet Association Operations Manager mattamuskeetassociation@gmail.com P.O. Box 81, Engelhard NC 27824

All questions pertaining to this RFQ must be submitted no later than November 12, 2026.

A Pre-bid meeting will be held on Tuesday, November 10, 2026 beginning at 11:00 am. We will convene in the parking area of the Hyde County Airport, discuss the RFQ, and view the jobs. Only written questions will be considered outside of the Pre-bid meeting. Any information given by telephone will be considered informal and not binding. Any questions that are submitted at the Pre-bid meeting or in writing by November 12, 2026 that the MA deems as pertinent to all bidders, will be emailed as an addendum to the RFQ and include the answers.

15. Insurance

The Contractor to whom this RFQ is awarded shall secure and maintain during the duration of the activated contract, at its sole expense, the following types and limits of insurance described below:

A. Workers' Compensation - Coverage for its employees with statutory workers' compensation limits, and no less than $1,000,000.00 for Employers' Liability. Said coverage shall include a waiver of subrogation in favor of the Mattamuskeet Association and its agents, employees and officials.

B. Commercial General Liability - Coverage for all operations including, but not limited to Contractual, Products and Completed Operations, and Personal Injury.

The limits shall be not less than $1,000,000.00, per occurrence, with a $2,000,000.00 aggregate.

C. Business Automobile Liability - Coverage for all owned, non-owned and hired vehicles with limits of not less than $1,000,000.00, per occurrence, Combined Single Limits (CSL) or its equivalent.

Insurance policies, except Workers' Compensation, shall be endorsed (1) to show The Mattamuskeet Association as a named additional insured, as its interests may appear, and (2) to amend cancellation notice to 45 days, pursuant to North Carolina Law.

Copies or originals of correspondence, certificates, endorsements, or other items pertaining to insurance shall be sent to: Mattamuskeet Association, P.O. Box 81, Engelhard NC 27824.

mailto:argrowers@gmail.com mailto:association@gmail.com

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16. Taxes

Federal, State, and Local Tax: The selected Contractor shall be liable for and pay all applicable sales and use taxes applicable to the work described herein.

17. Payment Schedule

The Contractor shall be paid as outlined in Sections 4 and 5 above.

18. Signing Quotes

The MA will prepare the contract for the execution of the awarded work, for the successful Contractor using its name exactly as it appears in the quote. Therefore, it is necessary that the bidder sign the quote using its correct and complete legal name. A copy of the MA Services Agreement with Independent Contractor is included as Attachment C.

19. Award of Contract

The award will be made to the Contractor submitting the proposal which is in the best interest of the MA. Such evaluations will include the relevant experience of the Contractor, the capability of the Contractor, the cost of the fees, and other factors deemed by the MA to be in the best interest of the MA.

• The MA reserves the right to reject any or all quotes at its sole discretion or to waive any specific irregularities or informalities in order to accept a proposal deemed to be in the best interest of the MA. It is the goal of the MA to award the job for the lowest offered price

• The MA reserves the right, to cancel this RFQ at any time prior to approval of the award by the MA.

• The MA reserves the right to request clarification of information submitted and to request additional information of one or more applicants.

• The MA shall have a period of up to sixty (60) days after the opening of the quotes in which to award the contract.

The selection process will be based on the responses to this RFQ and any quote review sessions that may occur. The MA Operations Manager and selected Board members will evaluate each bidder's response considering factors set forth above. The MA shall not be required to hold interviews; however, depending on the number of responses and the information contained in the responses, the MA may decide to conduct interviews with the bidders of its choice.

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20. Termination Clause

Any contract executed as a result of this RFQ will be subject to a termination provision as follows:

A. Failure to Provide Service: The MA may cancel the contract at any time for breach of contractual obligations by providing the Contractor with written notice of such cancellation. Should the MA exercise it’s right to cancel the contract for such reasons, the cancellation shall become effective on the date as specified in the notice of cancellation.

B. Authority to Terminate: The Board of Directors is authorized to terminate the contract on behalf of the MA, upon an affirmative vote to do so.

C. Termination for Convenience: The MA shall have the right to terminate the contract immediately upon written notice to the Contractor with or without cause and at its convenience, when the Board of Directors determines that it is in its own best interest to terminate the contract. Unless the Contractor is in breach of the contract, the Contractor shall be paid for services rendered to the MA’s reasonable satisfaction through the date of termination. After receipt of a written notice of termination and except as otherwise directed by the MA, the Contractor shall:

• Stop work on the date and to the extent specified.

• Terminate and settle all orders and subcontracts relating to the performance of the terminated work.

• Transfer all work in process, completed work, and other material related to the terminated work to the MA.

• Continue and complete all parts of the work that have not been terminated.

D. Termination of Resulting Contract: The resulting contract formed from this RFQ may be terminated by the Contractor upon sixty (60) days prior to written notice to the MA in the event of substantial failure by the MA to perform in accordance with the terms of the contract through no fault of the Contractor.

21. Access and Audits

The Contractor shall maintain adequate records to justify all charges, expenses and cost incurred in performing the services as a result of this RFQ for a period of at least three (3) years. The MA shall be entitled to audit the books and records of the Contractor or thereto to the extent that such books and records relate to the performance of the contract or any sub-contract to the contract.

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22. Safety

The Contractor shall be solely responsible to assure the safety of their personnel in all activities that they, and anyone present on their behalf, perform. The Contractor shall also provide and take measures to protect the public and MA personnel during their activities. Actions may include but are not limited to the removal of unsafe equipment and unsafe personnel. Contractor will also be solely responsible to ensure that all subcontractors and Contractor’s personnel carrying out described permanent repair work are compliant with OSHA workplace requirements.

23. Exceptions to the Request for Quote (RFQ)

It is anticipated that Proposers may find instances where they may take exception with certain requirements or specifications of this RFQ. All exceptions shall be clearly identified by the proposer, and written explanations provided shall include the scope of the exceptions, the ramifications of the exceptions for the MA, and a description of the advantages to be gained or disadvantages to be incurred by the MA as a result of these exceptions. The MA reserves the right to amend or alter the requirements of this RFQ document considering information received in the review process, to ensure the final product and awarded contract is in the best interest of the MA.

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The Mattamuskeet Association

Contractor Pricing Submission Form - Must be submitted by November 17, 2026 by 5:00 pm

This Form contains 2 pages To: The Mattamuskeet Association

From: (Contractor)

(Address)

I, hereby bid the following amounts for the proposed projects as were described on the request for quote document Structural and Site Repair Services – Barge Canal Pump Station RFQ #2026-10-20, distributed to me by the Mattamuskeet Association. My pricing will remain valid 60 days past the submission date, unless accepted sooner, and I am aware that as the successful bidder I will be required to begin this project as stipulated in the bid description, within 14 days of an accepted proposal, and continue such work in a timely manner until the project is completed. Payment for the projects will be made as specified in Sections 4 and 5 of the RFQ document. The Operations Manager is Mr. Wilson Daughtry.

My pricing is as follows:

A. Pump Control Building Door Replacement (Lump Sum): $

B. Pump Station Intake-Bulkhead Cap Replacement (Lump Sum): $

C. Intake Walkway Handrail Repair (Lump Sum): $

D. Pump Intake Grate Repair (Lump Sum): $

Discount allowed if all jobs are awarded (optional): $

Certification: Proposer/Contractor certifies under penalty of perjury that its response to this procurement solicitation is in all respects bona fide, fair, and made without collusion or fraud with any person, joint venture, partnership, corporation or other business or legal entity. Further that these responses and pricing are a true and singular value of compensation offered for the described work, and proposer/contractor is willing, able, and authorized to enter into a contract for services with The Mattamuskeet Association if chosen for the work and be bound by the terms outlined within.

Acknowledged and executed on this day of ___________, 2026.

Proposer/Contractor (signed) Proposer/Contractor (printed)

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Additional Information:

List the names and contact information for any Subcontractors you may use in the prosecution of this work, including what role they will perform.

The Mattamuskeet Association reserves the right to reject any and all proposals and in no way obligates itself to carry out any of the above proposed work, regardless of the offered price. The Mattamuskeet Association may group jobs together and award accordingly after reviewing the prices offered. It is the goal of the Mattamuskeet Association to award the job for the lowest offered price. Nothing herein is intended to exclude any potential bidder or in any way restrain or restrict competition. On the contrary, all responsible firms/individuals are encouraged to submit quotes. The Mattamuskeet Association reserves the right to waive any informality, to reject any and/or all quotes, and to accept any quote which in its opinion may be in the best interest of the Mattamuskeet Association.

Attachment A: Structural and Site Repair Services Barge Canal Pump Station (Site MA-19) Aerial Map

Attachment B: Existing Condition Photos of Repair Areas

Figure 1. Barge Canal Pumping Station Control Building Door Replacement.

Figure 2. Barge Canal Pumping Station Control Building Door Replacement.

Figure 3. Barge Canal Pumping Station Repairs

Figure 4. Intake walkway handrail repair

Figure 5. Intake walkway handrail repair

Figure 6. Existing bulkhead cap, approximately 27 feet.

Figure 7. Existing bulkhead cap, side view

Attachment C: Mattamuskeet Association Standard Form of Agreement

SERVICES AGREEMENT WITH INDEPENDENT CONTRACTOR

This Agreement, made and entered into on this _____day of _________, 2026 (“Effective Date”) by and between THE MATTAMUSKEET ASSOCIATION (hereinafter “Association”) and _____________________ (hereinafter “Contractor”), for consideration as set out in the paragraphs below, wherein both parties agree to the following:

1. Association is engaged, in part, in the maintenance, care and control of drainage ditches, canals and roads, and pump stations that service all properties within the Association (as detailed in the Declaration made in 1977 recorded in Deed Book 103, Page 65, Hyde County Registry) and any property legally added thereafter, and has a need to contract with individuals or companies engaged in the business of providing various services to the Association.

2. Contractor is an independent business person or entity engaged in the business of general construction, excavation, and fabrication, which is more specifically detailed in Exhibit A attached hereto and incorporated herein by reference (“Contract Services”).

3. Contractor is an independent contractor and not an employee, agent, joint venture or partner of Association for any purposes whatsoever. Association shall have no right to, and shall not control the manner or prescribe the method of accomplishing those services which shall be contracted to and performed by Contractor pursuant to this agreement.

4. None of the provisions of this agreement or any other action by either party shall be interpreted or construed as creating or establishing the relationship of employer and employee between Association and Contractor or between Association and any employee, agent, servant or other affiliate of Contractor. Employees of Contractor are not employees of Association.

5. In consideration of Contractor’s provision of said Contract Services as requested by Association from time to time, Association agrees to pay Contractor the lump sum pricing set forth in Exhibit A. Any changes in the pricing shall be in writing and authorized by an appropriate person for Association and Contractor prior to the effective date of said rate change.

6. Contractor agrees that all information obtained by virtue of performance under this agreement is confidential and proprietary to Association and Contractor will not communicate any information without prior permission of an authorized person of Association.

7. Contractor shall pay all costs and expenses incidental to the performance of the Contract Services except as otherwise provided herein, and shall defend, indemnify, and hold Association harmless against any claim, loss, liability, damage or expense (including reasonable attorney’s fees) arising from bodily injury, including death, or property damage to any person or persons caused in whole or in part by the negligence, willful misconduct, dereliction of duty, or apparent incompetence of the Contractor, whether foreseeable or not.

Contractor shall pay on behalf of Association any judgments rendered in connection with such claim, loss, liability, damage or expense, as well as providing Association with (or at the Association’s choice, reimbursing Association for) a defense against such claims related to said Contract Services.

8. Contractor shall defend, indemnify, and hold Association harmless from and against any claim, loss, damage, or expense related to a breach of this agreement or any violation of any requirements, laws, rules or regulations of the State of North Carolina. Contractor shall pay on behalf of Association any judgments rendered in connection with such claim, loss, damage, or expense, as well as providing Association with (or at the Association’s choice, reimbursing Association for) defense of such claims.

9. As applicable, Contractor represents and warrants that the equipment owned or possessed and operated by Contractor is fully licensed for operation in the State of North Carolina and that Contractor has complied with all of the required licensing conditions set forth by any governmental agency of the State of North Carolina, the United States of America, and any applicable local government regulations. Contractor agrees that it is responsible for conforming to all of the laws, rules and regulations of the various regulatory bodies of the State of North Carolina, the United States of America, and any applicable local government entity as may from time to time be applicable regarding the operation of the equipment involved and/or the hauling tendered.

10. As applicable, Contractor is expected to adhere to safety rules, laws and practices and comply with all federal, state and local laws. These include but are not limited to regulations promulgated by: OSHA, EPA, and DOT.

11. Contractor must comply with Association rules and regulations while on Association property.

12. As applicable, Contractor is solely responsible for cleaning up and properly disposing of all spilled pollutants as part of Contractor's work, including oil, paint, fuels, antifreeze, solvents, etc. in accordance with applicable laws and regulations. Contractor must keep accurate records (such as receipts, copies of analytical results, etc.) indicating proper disposal of spilled materials in accordance with applicable laws and regulations.

13. Contractor will be paid within 15 business days after Association’s receipt of a properly receipted bill or invoice for the Contract Services performed, assuming invoiced services are approved as may be required.

14. Contractor agrees to perform all Contract Services within a reasonable time after Association’s request is made, recognizing that time is of the essence.

15. Contractor, at Contractor’s own cost and expense, shall provide equipment that is in good operating condition and is sufficient to provide timely and complete services under this agreement. Association shall not be liable in any way for any costs of operating or maintaining said equipment, including but not limited to maintenance costs and licensing fees.

16. Contractor shall furnish at its own discretion, selection, and expense any labor required to perform its obligations under this agreement. Contractor shall be solely responsible for the direction and control of the employees, agents and servants of Contractor, if any, performing labor pursuant to this paragraph, including their selection, hiring, firing, supervision, assignment and direction, the setting of wages, hours, working conditions, and the adjustment of their grievances. Contractor shall determine the method means and manner performance of the work or its employees, agents and servants, if any, and their performance of the agreement.

Contractor assumes full and sole responsibility for the payment of wages, benefits and expenses of its employees, if any, and for all state and federal income tax withholdings, unemployment insurance, and Social Security taxes as to all persons employed by Contractor in the performance of services under this agreement, and Contractor shall be responsible for meeting and fulfilling the requirements of all regulations now or hereafter prescribed by legally constituted authority with respect thereto. Association shall not be responsible for the wages, benefits, or expenses due Contractor’s employees, agents or servants, nor for income tax withholdings, Social Security, unemployment, or other payroll taxes of the Contractor’s employees, agents, or servants. Contractor shall defend, indemnify and hold Association harmless from and against any and all claims, losses, damages, and expenses that may arise out of Contractor’s failure to comply with this paragraph. Contractor shall pay on behalf of Association any judgments rendered in connection with such claim, loss, damage or expense, as well as providing Association with (or at the Association’s choice, reimbursing Association for) defense of such claims.

17. Contractor assumes full responsibility for maintaining adequate worker’s compensation insurance coverage for Contractor and all of its employees, agents and servants, whom Contractor employs in the performance of this agreement, as may be required by law.

Contractor shall defend, indemnify, and hold Association harmless from and against any and all claims, losses, damages, or expenses that may arise out of Contractor’s failure to comply with this paragraph. Contractor shall pay on behalf of Association any judgments rendered in connection with such claim, loss, damage or expense, as well as providing Association with (or at the Association’s choice, reimbursing Association for) defense of such claims.

18. All pay, benefits and working conditions of Contractor’s employees are a matter of agreement solely between Contractor and its employees. Contractor and Contractor’s employees shall receive no vacation or holiday pay from Association and they shall not participate in any welfare plans or other Association benefits enjoyed by Association’s employees. Association shall have no obligation or responsibility to Contractor or Contractor’s employees, agents or servants for any fine, cost or expense incurred by Contractor or any of its employees by reason of Contractor’s failure to have proper markings on its equipment, or by reason of any violation by Contractor or its employees of any law, rule, ordinance, or regulation of any and all governmental authority or authorities in and through whose jurisdiction Contractor or its employees may be operation in the performance of this agreement.

19. Contractor agrees to defend, indemnify, and hold Association harmless from and against all claims, losses, damages, or expenses that may arise out of the injury to (or death of) persons, or damage to property caused or alleged to be caused by or in connection with the operation of any equipment belonging, controlled and used by Contractor, his agents, employees, and/or containers transported thereon. Contractor agrees to pay on behalf of Association any and all judgments rendered in connection with such claim, loss, damage, or expense, as well as providing Association with (or at the Association’s choice, reimbursing Association for) defense of such claims. In the event of any claim, loss or damage as herein set forth, Association shall have the right to withhold payment of any sums due Contractor until such claim, loss or damage has been settled or until Association shall be reasonably satisfied that Contractor has sufficient insurance to cover said claim, loss or damage.

20. Contractor agrees to obtain and continue in effect during the term of this agreement the following insurance coverages, with carriers reasonably acceptable to Association:

A. Workers' Compensation - Coverage for its employees with statutory workers' compensation limits, and no less than $1,000,000.00 for Employers' Liability.

Said coverage shall include a waiver of subrogation in favor of the Mattamuskeet Association and its agents, employees and officials.

B. Commercial General Liability - Coverage for all operations including, but not limited to Contractual, Products and Completed Operations, and Personal Injury. The limits shall be not less than $1,000,000.00, per occurrence, with a $2,000,000.00 aggregate.

C. Business Automobile Liability - Coverage for all owned, non-owned and hired vehicles with limits of not less than $1,000,000.00, per occurrence, Combined Single Limits (CSL) or its equivalent.

21. Contractor shall have the right to perform services similar or identical to those performed under this agreement for other companies or for itself.

22. This agreement may only be amended by a writing specifically referencing this agreement that has been signed by authorized representatives of both parties.

23. Neither party may assign their rights or delegate or subcontract their duties under this agreement to third parties without the prior written consent of the other party.

24. This agreement is subject to the laws of the State of North Carolina will be construed and enforced in accordance with the laws of the State of North Carolina, without reference to principles of conflicts of laws thereof. The parties hereby consent to the jurisdiction of the courts by or for the State of North Carolina in connection with any action or proceeding relating to this agreement.

25. If any term in this agreement is found by competent judicial authority to be unenforceable in any respect, the validity of the remainder of this agreement will be unaffected.

26. This agreement represents the complete agreement and understanding of the parties with respect to the subject matter herein, and supersedes any other agreement or understanding, written or oral.

27. This agreement may be executed in one or more counterparts, each of which shall be deemed an original, and such counterparts together shall constitute but one and the same instrument.

IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly authorized representatives, this the day and year first written above.

________________________________ ________________________ (Contractor)

BY: ____________________________ BY: ___________________________

(Print)____________________________ (Print)__________________________

(TITLE)___________________________ (TITLE)___________________________

Exhibit A - Contract Services

Scope of Services - The Association requires the following Fabrication and Repair Services. Each project is described below and should be priced individually. Contractors may quote one or more of the listed repairs. The Association reserves the right to award projects individually or collectively, depending on the proposed timeline and qualifications. Specific scope of work requirements are as follows:

A. Pump Control Building Door Replacement: Restore the security and weatherproofing of the Pump Control Building by replacing the storm-damaged exterior door and frame.

1) Work Description: The existing 36-inch by 7-foot solid core steel door and its frame on the Pump Control Building sustained damage during the storm and must be removed and disposed of. A new commercial grade steel door and frame of the same dimensions shall be furnished and installed in its place, ensuring a solid connection to the existing building frame. All necessary hardware, including hinges and locks, shall be installed. Upon installation, the new door and trim must be primed with gray exterior metal primer and finished with light gray metal exterior paint as approved by Association’s Operations Manager.

B. Pump Station Intake – Bulkhead Cap Replacement: Replace the steel bulkhead cap lost during emergency debris removal operations.

1) Work Description: At the intake structure of the pump station, the steel bulkhead cap was lost during emergency debris removal operations and must be replaced.

A new steel bulkhead cap measuring 6 feet in length and 15 inches in width must be fabricated and installed. The previous cap was constructed out of C15 x 33.9 channel, so the new cap should be the same or similar to match up to existing.

The cap is to be securely welded in place, and a protective coating of metal primer paint and a top coat of black metal paint as approved by the Operations Manager shall be applied to complete the installation.

C. Intake Walkway Handrail Repair: Repair and replace missing/damaged handrail sections at the intake walkway.

1) Work Description: The intake walkway currently has missing and damaged handrail sections that pose a safety hazard and must be repaired. The work involves the fabrication and installation of 8 linear feet of 2-inch diameter Schedule 80 steel handrail tubing. These new sections will be welded to the existing structure and must meet all applicable structural and safety codes. This includes all necessary labor, materials, and equipment.

D. Pump Intake Grate Repair: Replace six displaced steel rebar rods used as intake grate rods.

1) Work Description: Six of the steel round rods used in the intake grate have been displaced and require replacement. The scope of work includes the removal of the damaged rods, each measuring 1.25 inches in diameter and 10 feet in length, and the fabrication and installation of six new rods with identical specifications.

Each rod must be welded such that the top 6 inches lie flush with the intake deck at a 90-degree angle. All work must be carried out using qualified personnel and appropriate equipment.

E. Contractor is to provide and use at his discretion all equipment and labor required to complete the work as described.

F. Contractor is to provide, supervise, and remain responsible for all employees required to complete the described work, and carry out such work in a professional manner using generally accepted “Best Construction Methods”.

Schedule of Operations & Payment

It is expected that Contractor will begin work within 14 days following the execution of this agreement. Once work is begun, it should continue without delay on a daily basis except for inclement weather delays and unforeseen equipment breakdowns. Work stoppages are not allowed unless prior approval is obtained from the Operations Manager. Saturday, Sunday, and Holiday work is authorized, but not required.

The payment of these listed jobs will be LUMP SUM amounts for EACH of the 4 contracted jobs below. Agreed upon Pricing for Each Listed Job are as follows:

A. Pump Control Building Door Replacement (Lump Sum): $

B. Pump Station Intake-Bulkhead Cap Replacement (Lump Sum): $

C. Intake Walkway Handrail Repair (Lump Sum): $

D. Pump Intake Grate Repair (Lump Sum): $

Discount allowed if all jobs are awarded (optional): $

Total All Work $

Satisfaction of Job Requirements

The Operations Manager for the Association will have final and absolute authority to determine when jobs have been completed satisfactorily, and payments or progress payments are allowed.

End of Exhibit A

Attachment D: FEMA Federal Provisions Addendum

FEDERAL PROVISIONS ADDENDUM

All recipients of federally funded grants or use federal assistance to support procurements must comply with the applicable provisions of the federal procurement standards 2 C.F.R. Part 200. As a result, firms (“Contractor”) awarded federally funded contracts (“Contract”) by the Mattamuskeet Association (“Applicant”) must comply with the following contract provisions set forth herein, unless a particular award term or condition specifically indicates otherwise.

1. REMEDIES (applicable contracts over the SAT (currently, $350,000))

If any work performed by the Contractor fails to meet the requirements of the Contract, any other applicable standards, codes or laws, or otherwise breaches the Contract, Applicant may exercise any remedies provided in the original Contract to which this addendum is made a part; or, if none specified, Applicant may in its sole discretion:

(i) elect to have the Contractor re-perform or cause to be re-performed at Contractor’s sole expense, any of the work which failed to meet the requirements of the Contract;

(ii) hire another contractor to perform the work and deduct any additional costs incurred by Applicant as a result of substituting contractors from any amounts due to Contractor; or

(iii) pursue and obtain any and all other available legal or equitable remedies.

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

2. TERMINATION FOR CONVENIENCE (applicable to contracts over $10,000)

This Contract may be terminated, in whole or in part, without cause, in accordance with the terms of the original Contract to which this addendum is made a part; or, if none specified, this Contract may be terminated for convenience, in whole or in part, without cause, by either party upon 30 calendar days’ prior written notice to the other party. Upon such termination, the Contractor waives any claims for damages from the termination without cause including, without limitation, any and all consequential claims, and as the sole right and remedy of the Contractor, Applicant shall compensate the Contractor for all authorized work satisfactorily and responsibly completed through the termination date. In the event of termination by the Contractor without cause, the following shall apply: (1) all bonds shall remain fully in force to ensure Applicant’s ability to construct the project for the Contract amount; (2) the Applicant shall have the right to, at its option, solicit bids for the completion of the unfinished portion of the work, or to negotiate with the number two bidder under the original solicitation; and (3) the Contractor and his surety shall be jointly and severally responsible for all costs over the original Contract amount incurred by Applicant in completion of the project, in addition to liquidated damages and construction costs;

such costs may include engineering, advertising, and administrative expenses incurred with the solicitations of bids for the completion of the unfinished portion of the work. In the event of termination without cause by either party, the obligations of the Contractor and his surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract.

3. TERMINATION FOR CAUSE (applicable to contracts over $10,000)

This Contract may be terminated, in whole or in part, for cause, in accordance with the terms of the original Contract to which this addendum is made a part; or, if none specified, Applicant reserves the right to terminate this Contract immediately, in whole or in part, at its sole discretion, for the following reasons:

(i) Lack of funding. Lack of, or reduction in, funding or resources, in which instance, Applicant shall provide the Contractor ten calendar days’ written notice of such termination or lack of funds;

(ii) Non-Performance. The Contractor’s non-performance of the specifications of this Contract or non-compliance with the terms of this Contract shall be a basis for termination of the Contract by Applicant. Termination, in whole or in part, by Applicant under this Section may be made at Applicant’s option and without prejudice to any other remedy to which Applicant may be entitled to at law or in equity, or elsewhere under this Contract, by giving 30 calendar days’ written notice, with the understanding that all services being performed under this Contract shall cease upon the date specified in such notice. Applicant shall not pay for work, equipment, services, or supplies that are unsatisfactory or unauthorized, provided that “unsatisfactory” materials are in noncompliance with the terms herein. At Applicant’s sole discretion and with written notice by Applicant, the Contractor may be given a reasonable opportunity prior to termination to correct any deficiency in the work or services performed under this Contract. Applicant will consider a reasonable time to be 30 calendar days to cure any problems and/or deficiencies with the Contractor’s performance, such problems and/or deficiencies being determined by Applicant.

Nothing herein, however, shall be construed as negating the basis for termination for nonperformance or shall in any way limit or waive Applicant’s right to terminate this Contract under any other provisions herein.

(iii)The Contractor’s improper, misuse, or inept performance of services under this Contract;

(iv) The Contractor’s failure to comply with the terms and provisions of this Contract;

(v) The Contractor’s submission of invoices, data, statements, or reports that are incorrect, incomplete, or false in any way;

(vi) In Applicant‘s sole discretion, if termination is necessary to protect the health and safety of clients;

(vii) If the Contractor becomes or is declared insolvent or bankrupt, or is the subject of any proceedings relating to its liquidation or insolvency or for the appointment of a receiver or similar officer for it, has a receiver of its assets or property appointed or makes an assignment for the benefit of all or substantially all of its creditors, institutes or causes to be instituted any proceeding in bankruptcy or reorganization or rearrangement of its affairs, enters into an agreement for the composition, extension, or adjustment of all or substantially all of its obligations, or has a material change in its key employees; or

(viii) The Contractor’s inability to perform under this Contract due to judicial order, injunction, or any other court proceeding.

In the event of termination, Applicant may take possession of the premises and all materials, tools, and appliances thereon and finish the work by whatever method it may deem expedient. In such cases, the Contractor shall only be entitled to receive payment for work satisfactorily completed prior to the termination date, subject to any setoffs due to Applicant in completing the Project and for reimbursement of damages incurred. Applicant may take possession of and use any materials, plant, tools, equipment, and property of any kind furnished by Contractor to complete the work. If the expense incurred by Applicant to finish the work exceeds the unpaid balance on this Contract, the Contractor shall pay the difference to Applicant. The expense incurred by Applicant as herein provided, and the damage incurred through the Contractor’s default, shall be certified by Applicant’s Operations Manager. The Contractor shall be responsible for both liquidated damages attributable to delay and for excess completion costs. The liability of the Contractor and its surety or sureties for such damages and costs is joint and several. The obligations of the Contractor and his surety with respect to the warranty and maintenance shall remain in full force and effect for the portion of the Work completed by the Contractor and shall not expire until the expiration of the prescribed time period measured from the final acceptance of the project in its entirety. These clauses shall survive the termination of this Contract. If Applicant makes a determination pursuant to this Contract to hold the Contractor in default and terminate the Contract for cause and it is subsequently determined that any such determination was improper, unwarranted, or wrongful, then any such termination shall be deemed for all purposes as a termination for convenience, without cause, as described in Section 2 of this Addendum. The Contractor agrees that it shall be entitled to no damages, allowances, or expenses of any kind other than as provided in this Contract in connection with such termination, and does expressly waive, in the event of termination, any and all claims for consequential damages, loss of bonding capacity, destruction of business, unabsorbed home office overhead, lost profit, and the like.

4. EQUAL EMPLOYMENT OPPORTUNITY (applicable to “federally assisted construction contracts” as defined in 41 C.F.R. § 60-1.3, NOTE: As of June 2025, FEMA removed this from their policy on required federal terms, however, the term remains required per 2 CFR 200.327)

During the performance of this Contract, the Contractor agrees as follows:

(i) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.

The Contractor will ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin.

(ii) The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices of its nondiscrimination policy.

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

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

5. CONTRACT WORK HOURS AND SAFETY STANDARDS ACT (applicable to construction work…