HomeMy WebLinkAbout2022-562-E-Solid Waste-Crowder Gulf-Emergency Storm Debris Clearing and RemovalRevised 06/21
NORTH CAROLINA
CONTRACT AMENDMENT
ORANGE COUNTY
THIS CONTRACT AMENDMENT (“Amendment”) is made and entered into this 31st__ day of
____October________, 2022__ by and between ORANGE COUNTY (hereinafter referred to as “County”) and
______Crowder Gulf, LLC,_________ (hereinafter referred to as “Provider”).
WITNESSETH:
THAT WHEREAS, the County and Provider entered into a contract dated ___October 24th, 2019___________,
(hereinafter the “Original Agreement”), for the provision of services for _emergency storm debris clearance and
removal_; and
WHEREAS, the County and Provider desire to amend the Original Agreement while keeping in effect all terms and
conditions of the Original Agreement not inconsistent with the terms and conditions set forth below.
NOW THEREFORE, for and in consideration of the mutual covenants and agreements made herein, the parties agree to
amend the Original Agreement as follows:
1. In order to ensure the completion of the Services identified in the term of the Original Agreement is amended
to reflect an end date by which all Services shall be completed of _October 31, 2023___.
2. Exhibit N/A____ to the Original Agreement is amended by adding the following tasks and services to the
Services to be provided by the Consultant:
3. Article ___, Section ____ is amended to reflect a maximum payable not-to-exceed amount of
________N/A________.
4. Except for the changes made herein, the Original Agreement shall remain in full force and effect to the extent
it is not inconsistent with this Amendment. In the event there is a conflict between the terms of the Original
Agreement and the terms of this Amendment, this Amendment shall control.
IN TESTIMONY WHEREOF, this Amendment has been executed by the parties hereto, as of the date first above
written.
ORANGE COUNTY PROVIDER
______________________________ __________________________________
Bonnie Hammersley _Crowder Gulf, LLC_______
County Manager __Ashley Ramsay-Naile, President______
DocuSign Envelope ID: E66BEF63-568B-4F97-8211-2EDDC90D1A2C
Revised 06/21
ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Party/Vendor Name: Crowder Gulf Party/Vendor Contact Person: Barrett Holmes Contact Phone: 864-569-6611 Party/Vendor
Address: 5435 Business Parkway City Theodore State: Alabama Zip: 36582 Department: Solid Waste Amount: Contingent
Purpose: Emergency Storm Debris Clearing and Removal Budget Code(s): Vendor # (N/A if new vendor) Vendor is
a BOCC consultant? Yes No Contract Type: (Check one) New Renewal Amendment Effective Date October 31,
2022 Approved by Board Yes No Agenda Date: 10-15-2019 --- For Section XIV. c. contracts only, Approved by Board in
Current FY Budget Yes No
This agreement is approved as to technical form and content and I as Department Director affirmatively state work on this project has
not been initiated prior to execution of the agreement:
Department Director’s Signature ________________________________________ Date: ________
Agreements for emergency services or repair are not subject to the above affirmation. If services related to this agreement h ave
already begun or been completed please briefly describe the nature of the emergency condition that was addressed:
Information Technologies
(Applicable only to hardware/software purchases or related services) This agreement has been reviewed and is approved as to
information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer ___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to the Clerk upon completion: occlerkdocs@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board __________________________________________Date:_________
DocuSign Envelope ID: E66BEF63-568B-4F97-8211-2EDDC90D1A2C
10/21/2022
10/21/2022
10/25/2022
10/26/2022
Louisiana certificate form:
LDI COI 280990 01 12
No. 246
CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY)
6/27/2022
PRODUCER
Pathway Insurance Group, LLC
753 Nichols Avenue
Fairhope, AL 36532
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE
AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
COMPANY
A THE GRAY INSURANCE COMPANY
A.M. Best Rating A- VIII, NAIC#: 36307
INSURED
CrowderGulf, LLC
5629 Commerce Blvd. E
Mobile, AL 36619
COMPANY
B
COMPANY
C
COMPANY
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFFECTIVE
DATE (MM/DD/YY)
POLICY EXPIRATION
DATE (MM/DD/YY)
LIMITS
A
GENERAL LIABILITY
XSGL-100090 7/1/2022 7/1/2025
GENERAL AGGREGATE $3,000,000.00
X COMMERCIAL GENERAL
LIABILITY
PRODUCTS – COMP/OP AGG $3,000,000.00
PERSONAL & ADV INJURY $1,000,000.00
OWNER’S & CONTRACTOR’S PROT EACH OCCURRENCE $1,000,000.00
FIRE DAMAGE (Any one fire) $100,000.00
MED EXP (Any one person) $5,000.00
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000.00
X ANY AUTO BODILY INJURY
X ALL OWNED AUTOS (Per person)
SCHEDULED AUTOS BODILY INJURY
A X HIRED AUTOS XSAL-100100 7/1/2022 7/1/2025 (Per accident)
X NON-OWNED AUTOS PROPERTY DAMAGE
GARAGE LIABILITY
AUTO ONLY – EA ACCIDENT
ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT
AGGREGATE
A
EXCESS LIABILITY
GXS-100169 7/1/2022 7/1/2023
EACH OCCURRENCE $4,000,000.00
UMBRELLA FORM AGGREGATE $4,000,000.00
X OTHER THAN UMBRELLA
FORM
A
WORKER’S COMPENSATION AND
GWC-100174 7/1/2022 7/1/2025
X WC STATU-
TORY LIMITS
OTH
ER
EMPLOYERS’ LIABILITY EL EACH ACCIDENT $1,000,000.00
THE PROPRIETOR/ EL DISEASE – POLICY LIMIT $1,000,000.00
PARTNERS/EXECUTIVE X INCL EL DISEASE – EA EMPLOYEE $1,000,000.00
OFFICERS ARE: EXCL
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
The certificate holder is an additional insured on all policies except Workers’ Compensation and is provided a Waiver of Subrogation, all if required by written contract. The above insurance policies shall be
primary and noncontributory to any other insurance policies maintained by the certificate holder, if required by written contract.
Disaster Debris Clearance and Removal
CERTIFICATE HOLDER CANCELLATION
2523#246
Orange County
200 S Cameron Street
P O Box 8181
Hillsborough, NC 27278
In the event of cancellation by The Gray Insurance Company and if required by written
contract, 30 days written notice will be given to the Certificate Holder.
AUTHORIZED REPRESENTATIVE
GCF 00 50 01 01 12 THE GRAY INSURANCE COMPANY
DocuSign Envelope ID: E66BEF63-568B-4F97-8211-2EDDC90D1A2C
CERTIFICATE OF INSURANCE Page 2
THE GRAY INSURANCE COMPANY
The below coverages apply if the corresponding policy number is indicated on the previous page.
A. Commercial General Liability
General Liability Policy Includes:
Blanket Waiver of Subrogation when required by written contract.
Blanket Additional Insured when required by written contract.
Primary Insurance Wording Included when required by written contract.
Broad Form Property Damage Liability including Explosion, Collapse and Underground (XCU).
Premises/Operations
Products/Completed Operations
Contractual Liability
Sudden and Accidental Pollution Liability
Occurrence Form
Personal Injury
“In Rem” Endorsement
Cross Liability
Severability of Interests Provision
“Action Over” Claims
Independent Contractors coverage for work sublet
Vessel Liability - Watercraft exclusion has been modified by the vessels endorsement on scheduled
equipment.
General Aggregate applies per project or equivalent.
B. Automobile Liability Policy Includes:
Blanket Waiver of Subrogation when required by written contract.
Blanket Additional Insured when required by written contract.
C. Workers Compensation Policy Includes:
Blanket Waiver of Subrogation when required by written contract.
U.S. Longshoremen’s and Harbor Workers Compensation Act Coverage
Outer Continental Shelf Land Act
Jones Act (including Transportation, Wages, Maintenance, and Cure),
Death on the High Seas Act & General Maritime Law.
Maritime Employers Liability Limit: $1,000,000
Voluntary Compensation Endorsement
Other States Insurance
Alternate Employer/Borrowed Servant Endorsement
“In Rem” Endorsement
Gulf of Mexico Territorial Extension
D. Excess Liability Policy Includes:
Coverage is excess of the Auto Liability, General Liability, Employers Liability, & Maritime Employers
Liability policies
Blanket Waiver of Subrogation when required by written contract.
Blanket Additional Insured when required by written contract.
DocuSign Envelope ID: E66BEF63-568B-4F97-8211-2EDDC90D1A2C
Revised 12/18 1
[Departmental Use Only]
TITLE
FY
NORTH CAROLINA
SERVICES AGREEMENT OVER $90,000.00
RFP/RFQ
ORANGE COUNTY
This Services Agreement (hereinafter “Agreement”), made and entered into this 24th day of
October, 2019, (“Effective Date”) by and between Orange County, North Carolina a political
subdivision of the State of North Carolina (hereinafter, the "County") and Crowder Gulf, LLC,
(hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Services Agreement (“Agreement”) is for professional services to be
rendered by Provider to County with respect to (insert type of project):
Emergency storm debris clearance and removal, to commence only upon a Notice
to Proceed issued by the County in the event of a natural or man-made disaster.
ii) By executing this Agreement, the Provider represents and agrees that Provider is
qualified to perform and fully capable of performing and providing the services
required or necessary under this Agreement in a fully competent, professional and
timely manner.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services
required in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
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with applicable federal, state and local laws and regulations applicable to the
performance of these services. Provider is solely responsible for the professional
quality, accuracy and timely completion and/or submission of all work related to
the Basic Services.
ii) Provider shall be responsible for all errors or omissions of its agents, contractors,
employees, or assigns in the performance of the Agreement. Provider shall
correct any and all errors, omissions, discrepancies, ambiguities, mistakes or
conflicts at no additional cost to the County.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it and/or its
employees, agents and subcontractors engaged in such activities possess such
licenses, certifications, or credentials and that such licenses certifications, or
credentials are current, active, and not in a state of suspension or revocation.
3. Basic Services
a. Basic Services.
The Provider shall perform as Basic Services the work and services described herein
and as specified in the County’s Request for Proposals or Request for Qualifications
(the “RFP”) “RFP Number 5266 for “Disaster Debris Clearance and Removal
Services” issued July 29, 2019, and the Provider’s proposal, which are fully
incorporated and integrated herein by reference together with Attachment 1: Federal
Contracting Requirements for FEMA Assistance, Reimbursement Contracts
(designate all attachments). In the event a term or condition in any document or
attachment conflicts with a term or condition of this Agreement the term or
condition in this Agreement shall control. Should such conflict arise the priority of
documents shall be as follows: This Agreement, the County’s RFP together with
attachments, Provider’s Proposal together with attachments.
The County shall issue a written Notice to Proceed for the Basic Services referenced
in this Agreement. Under no circumstances shall County be liable for any services
rendered unless the written Notice to Proceed has been sent and received by
Provider. Provider must acknowledge receipt of the written Notice to Proceed.
DocuSign Envelope ID: 5FA4B1AC-B897-4C32-A1E4-4B4A8885A341DocuSign Envelope ID: E66BEF63-568B-4F97-8211-2EDDC90D1A2C
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4. Duration of Services
a. Term. The term of this Agreement shall be from October 22, 2019 to October 31, 2022
with an option to renew for two additional one year periods.
b. Scheduling of Services
i) The Provider shall schedule and perform its activities in a timely manner.
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate its efforts, including providing additional
resources and working overtime, as necessary, to perform its services in
accordance with the approved project schedule at no additional cost to the
County.
iii) The Commencement Date for the Provider's Basic Services shall be October 22,
2019.
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services under this Agreement.
This Agreement is intended to be an umbrella agreement authorizing the performance of
emergency storm debris clearance and removal services that may or may not be
necessary during the term of the Agreement. Should activation of a contract become
necessary, fees will be estimated based off the initial assessment of damages occurred,
using the fee schedules determined by the Local Government Debris Manager in
consultation with State and FEMA officials. Prior to any service being provided, the
County and Provider shall negotiate a “Not to Exceed” amount for the services required
within this Agreement. The written Notice to Proceed issued by the County shall include
the negotiated Not to Exceed Amount. Upon completion of the service Provider shall
submit an invoice to the County as provided herein. All invoices shall include
appropriate detail to satisfy County and current FEMA requirements. In the event the
amount stated on an invoice is disputed by the County, the County may withhold
payment of all or a portion of the amount stated on an invoice until the parties resolve
the dispute. Payment for Basic Services may only be made upon receipt of a properly
submitted invoice. Payment shall be made through the County’s purchase order process
and any such purchase order shall have attached a corresponding scope of work and shall
be pre-audited as required by North Carolina law. Should Provider fail to perform its
duties under the terms of this Agreement, Count y may, without fault or penalty,
withhold any payment associated with the work to be performed until such time as said
work is completed.
b. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
DocuSign Envelope ID: 5FA4B1AC-B897-4C32-A1E4-4B4A8885A341DocuSign Envelope ID: E66BEF63-568B-4F97-8211-2EDDC90D1A2C
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6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated (Robert Williams) to act as
the County's representative with respect to the Project and shall have the authority to
render decisions within guidelines established by the County Manager and/or the County
Board of Commissioners and shall be available during working hours as often as may be
reasonably required to render decisions and to furnish information.
7. Insurance
a. General Requirements. Provider shall obtain, at its sole expense, Commercial General
Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any
additional insurance as may be required by County’s Risk Manager as such insurance
requirements are described in the Orange County Risk Transfer Policy and Orange
County Minimum Insurance Coverage Requirements (each document is incorporated
herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) If
County’s Risk Manager determines additional insurance coverage is required such
additional insurance shall consist of (if no additional insurance required mark
N/A as being not applicable). Provider shall not commence work until such insurance is
in effect and certification thereof has been received by the County's Risk Manager.
8. Indemnity
a. Indemnity. The Provider agrees, without limitation, to defend, indemnify and hold
harmless the County from all loss, liability, claims or expense, including attorney's fees,
arising out of or related to the Project and arising from property damage or bodily injury
including death to any person or persons caused in whole or in part by the negligence or
misconduct of the Provider except to the extent same are caused by the negligence or
willful misconduct of the County. It is the intent of this provision to require the Provider
to indemnify the County to the fullest extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Termination
a. Termination for Convenience of the County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days prior written notice to
the Provider.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
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actions to remedy the breach. The Provider shall give the County seven (7) days' prior
written notice of its intent to terminate this Agreement for cause.
c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of
the Provider.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any
electronic data or files relating to the Project.
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
e. Suspension. County may suspend the Basic Services and this Agreement at any time for
County’s convenience and without penalty to County upon three (3) days’ notice to
Provider. Upon any suspension by County, Provider shall discontinue the Basic
Services and shall not resume the Basic Services until notified to proceed by County.
11. Additional Provisions
a. Limitation and Assignment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina.
c. Compliance with Laws. Provider shall at all times remain in compliance with all
applicable local, state, and federal laws, rules, and regulations including but not limited
to all state and federal anti-discrimination laws, policies, rules, and regulations and the
Orange County Non-Discrimination Policy and Orange County Living Wage Policy
(each policy is incorporated herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any
violation of this requirement is a breach of this Agreement and County may immediately
terminate this Agreement without further obligation on the part of the County. This
paragraph is not intended to limit and does not limit the definition of breach to
discrimination. By executing this Agreement Provider affirms that Provider and any
subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter
64 of the North Carolina General Statutes. By executing this Agreement Provider
certifies that Provider has not been identified, and has not utilized the services of any
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agent or subcontractor identified, on the list created by the State Treasurer pursuant to
G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not
been identified, and has not utilized the services of any agent or subcontractor identified,
on the list created by the State Treasurer pursuant to G.S. 147-86.81.
d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina. It is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions. Binding arbitration may not
be initiated by either Party, however, the Parties may agree to nonbinding mediation of
any dispute prior to the bringing of a suit or action.
e. Entire Agreement. This Agreement, together with the RFP and its attachments and the
Proposal and its attachments, represents the entire and integrated agreement between the
County and the Provider and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both parties. Modifications may be evidenced by facsimile
signatures.
f. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
g. Ownership of Work Product. Should Provider’s performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to the Provider. The use of the documents, items or
things by the County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and
the validity of this Agreement is based upon the availability of public funding under the
authority of its statutory mandate.
In the event that public funds are unavailable and not appropriated for the performance of
County’s obligations under this Agreement, then this Agreement shall automatically
expire without penalty to County immediately upon written notice to Provider of the
unavailability and non-appropriation of public funds. It is expressly agreed that County
shall not activate this non-appropriation provision for its convenience or to circumvent
the requirements of this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
In the event of a change in the County’s statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County’s authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County’s legal authority.
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i. Signatures. This Agreement together with any amendments or modifications may be
executed electronically. All electronic signatures affixed hereto evidence the consent of
the Parties to utilize electronic signatures and the intent of the Parties to comply with
Article 11A and Article 40 of North Carolina General Statute Chapter 66.
j. Notices. Any notice required by this Agreement shall be in writing and del ivered by
certified or registered mail, return receipt requested to the following:
Orange County Provider’s Name & Address
Attention: Robert Williams Crowder Gulf, LLC
P.O. Box 8181 5435 Business Parkway
Hillsborough, NC 27278 Theodore, Alabama 36582
IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder
set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: PROVIDER:
By: _________________________________
County Manager
By: __________________________________
Printed Name and Title
DocuSign Envelope ID: 5FA4B1AC-B897-4C32-A1E4-4B4A8885A341
PresidentAshley Ramsay-Naile
DocuSign Envelope ID: E66BEF63-568B-4F97-8211-2EDDC90D1A2C
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ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Department
Party/Vendor Name: Crowder Gulf Party/Vendor Contact Person: Barrett Holmes Contact Phone: 864-569-6611
Party/Vendor Address: 5435 Business Parkway City Theodore State: Alabama Zip: 36582 Department: Solid
Waste Amount: Contingent Purpose: Emergency Storm Debris Clearing and Removal Budget Code(s):
Vendor # N/A (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract Type: (Check one)
New Renewal Amendment Effective Date 10-22-19 Approved by Board Yes No Agenda
Date: 10-15-19
This agreement is approved as to technical form and content and I as Department Director affirmatively state work
on this project has not been initiated prior to execution of the agreement:
Department Director’s Signature ________________________________________ Date: ________
Agreements for emergency services or repair are not subject to the above affirmation. If servi ces related to this
agreement have already begun or been completed please briefly describe the nature of the emergency condition that
was addressed:
Information Technologies
(Applicable only to hardware/software purchases and related services) This agreement has been reviewed and is
approved as to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control
Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to Sherri Ingersoll upon completion: singersoll@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board __________________________________________Date:_________
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10/28/2019
10/28/2019
10/28/2019
10/29/2019
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ATTACHMENT 1
Federal Contracting Requirements for FEMA Assistance, Reimbursement Contracts
This Attachment 1 is incorporated into the Services Agreement (hereinafter, the “Agreement” or “Contract” or
“contract”) between the County and the Provider. Capitalized terms not defined in this Attachment shall have the
meanings assigned to such terms in the Agreement. All references to the “Contractor” or “Company” or “Vendor” or
“Provider” shall be deemed to mean the Provider.
This Agreement will be funded in whole or in part with federal funding. As such, federal laws, regulations, policies and
related administrative practices apply to this Agreement. The most recent of such federal requirements, including any
amendments made after the execution of this Agreement shall govern the Agreement, unless the federal government
determines otherwise. This Attachment 1 identifies the federal requirements that may be applicable to this Agreement.
The Provider is responsible for complying with all applicable provisions, updates or modifications that occur in the future
relating to these clauses.
To the extent possible, the federal requirements contained in the most recent version of the Uniform Administrative
Requirements for federal awards (Uniform Rules) codified at 2 CFR Part 200, including any certifications and contractual
provisions required by any federal statutes or regulation referenced therein to be included in this Agreement are deemed
incorporated into this Agreement by reference and shall be incorporated into any subagreement or subcontract executed
by the Provider pursuant to its obligations under this Agreement. The Provider and its sub-contractors, if any, hereby
represent and covenant that they have complied and shall comply in the future with the applicable provisions of the
original Agreement then in effect and with all applicable federal, state, and local laws, regulations, and rules and local
policies and procedures, as amended from time to time, relating to services to be performed under this Agreement.
Drug Free Workplace Requirements
Drug-free workplace requirements in accordance with Drug Free Workplace Act of 1988 (Pub 100-690, Title V, Subtitle
D). All contractors entering into federal funded contracts over $100,000 must comply with Federal Drug Free workplace
requirements as Drug Free Workplace Act of 1988.
Contractor Compliance
This is an acknowledgement that FEMA financial assistance may be used to fund the contract. The Contractor will
comply with all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. In
addition, the Contractor will comply with uniform administrative requirements, cost principles, and audit requirement for
federal awards.
Conflict of Interest
The Contractor must disclose in writing any potential conflict of interest to the County of Orange or pass through entity in
accordance with federal policy.
Mandatory Disclosures
The Contractor must disclose in writing all violations of federal criminal law involving fraud, bribery, or gratuity
violations potentially affecting the federal award.
Energy Conservation
The Contractor and Subcontractors agrees to comply with the mandatory standards and policies relating to energy
efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and
Conservation Act, 42 U.S.C. § 6201, et seq.
Clean Air Act and Federal Water Pollution Control Act
For contracts in excess of $150,000, the Contractor agrees to comply with all applicable standards, orders or regulations
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issued pursuant to the Clean Air Act (42 U.S.C. 7401 -7671q) and the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1251-1387), and will report violations to FEMA and the Regional Office of the Environmental
Protection Agency.
The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part
with Federal assistance provided by FEMA.
Access to Records and Reports
All Contractors and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with
applicable provisions governing Department and FEMA access to records, accounts, documents, information, facilities,
and staff.
The Contractor agrees to provide the North Carolina Division of Emergency Management, the County, the FEMA
Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any
books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of
making audits, examinations, excerpts, and transcriptions.
The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts
and transcriptions as reasonably needed.
The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or
other work sites pertaining to the work being completed under the contract.
No Obligation by Federal Government
The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the County, the
Contractor, or any other party pertaining to any matter resulting from the underlying contract.
The Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance.
It is further agreed that the clause shall not be modified, except to identify the sub-contractor who will be subject to its
provisions.
Program Fraud and False or Fraudulent Statements or Related Acts
The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies
to the Contractor’s actions pertaining to this contract. Upon execution of the underlying contract, the Contractor certifies
or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be m ade,
pertaining to the underlying contract or the Federally assisted project for which this contract work is being performed. In
addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be
made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the
right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the Federal
Government deems appropriate.
The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement,
submission, or certification to the Federal Government under a contract connected with a project that is finance d in whole
or in part with Federal assistance, the Government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49
U.S.C. § 5307(n)(1) on the Contractor, to the extent the Federal Government deems appropriate.
The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with Federal
assistance. It is further agreed that the clauses shall not be modified, except to identify the sub -contractors who will be
subject to the provisions.
Changes
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Any change in the contract cost, modification, change order, or constructive change must be allowable, allocable, within
the scope of its funding, grant or cooperative agreement, and reasonable for the completion of project scope. All changes
and/or amendments to the contract will be outlined in detail, formalized in writing, and signed by the authorized
representative of each party. Contractor’s failure to do so shall constitute a material breach of the contract.
Termination
Termination of this Agreement shall be in accordance with the Termination clause contained in Section 10 of the
Agreement.
Remedies
In addition to the remedies set forth in the Agreement, the County reserves all rights and privileges under the applicable
laws and regulations with respect to this procurement in the event of breach or violation of the terms of this Agreement
by the Provider.
Suspension and Debarment
A contract award (see CFR 180.220) must not be made to parties listed on the government wide exclusions in the System
for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders
12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), “Debarment and Suspension.” SAM
exclusions contain the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549. The Contractor shall certify
compliance.
This contract is a covered transaction for purposes of 2 CFR Part 180 and 2 CFR Part. 3000. As such, the Contractor is
required to verify that none of the Contractor, its principals (defined at 2 CFR § 180.995), or its affiliates (defined at 2
CFR § 180.905) are excluded (defined at 2 CFR§ 180.940) or disqualified (defined at 2 CFR § 180.935).
The Contractor is required to comply with 2 CFR Part 180, Subpart C and 2 CFR Part 3000, Subpart C and must include a
requirement to comply with these regulations in any lower tier covered transaction it enters into.
This certification is a material representation of fact relied upon by the County. If it is later determined that the
Contractor did not comply with 2 CFR pt. 180, Subpart C and 2 CFR pt. 3000, Subpart C, in a ddition to the remedies
available to the County, the federal government may pursue available remedies, including but not limited to suspension
and/or debarment.
The bidder or proposer agrees to comply with the requirements of 2 CFR Part 180, Subpart C and 2 CFR Part 3000,
Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or
proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions.
Equal Employment Opportunity
During the performance of this contract, the Contractor agrees as follows:
1. The Contractor will not discriminate against any employee or applicant for employment because of race, color,
religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed,
and that employees are treated during employment without regard to their race, color, religion, sex, or national origin.
Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions of this
nondiscrimination clause.
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2. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state
that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or
national origin.
3. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining
agreement or other contract or understanding, a notice to be provided advising the said labor union or workers'
representatives of the Contractor's commitments under this section and shall post copies of the notice in conspicuous
places available to employees and applicants for employment.
4. The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and with the rules,
regulations, and relevant orders of the Secretary of Labor.
5. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965,
and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his
books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
6. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the
said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the
Contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in
accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions as
may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule,
regulation, or order of the Secretary of Labor, or as otherwise provided by law.
7. The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of
paragraphs (1) through (7) in every subcontract or purchase order unless exempted by rules, regulations, or orders of
the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such
provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to
any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions,
including sanctions for noncompliance: Provided, however, that in the event a Contractor becomes involved in, or is
threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the
Contractor may request the United States to enter into such litigation to protect the interests of the United States.
Davis-Bacon Requirements
If applicable to this contract, the Contractor agrees to comply with all provisions of the Davis Bacon Act as amended (40
U.S.C. 3141-348).
1. Minimum Wages.
(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less
often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are
permitted by the Secretary of Labor under the Copeland Act (29 CFR Part 3)), the full amount of wages and bona fide
fringe benefits (or cash equivalent thereof) due at time of payment computed at rates not less than those contained in the
wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any
contractual relationship which may be alleged to exist between the Contractor and such laborers and mechanics.
Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1(b)(2) of the Davis-Bacon
Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions
of paragraph (1)(iv) of this section; also, regular contributions made or c osts incurred for more than a weekly period (but
not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be
constructively made or incurred during such weekly period.
Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the
classification of work actually performed, without regard to skill, except as provided in 29 CFR Part 5.5(a)(4). Laborers or
mechanics performing work in more than one classification may be compensated at the rate specified for each
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classification for the time actually worked therein: Provided that the employer’s payroll records accurately set forth the
time spent in each classification in which work is performed. The wage determination (including any additional
classification and wage rates conformed under (1)(ii) of this section) and the Davis -Bacon poster (WH-1321) shall be
posted at all times by the Contractor and its sub-contractors at the site of the work in a prominent and accessible place
where it can easily be seen by the workers.
(ii)(A) The contracting officer shall require that any class of laborers or mechanics, including helpers, which is not listed
in the wage determination and which is to be employed under the contract shall be classified in conformance with the
wage determination. The contracting officer shall approve an additional classification and wage rate and fringe benefits
therefore only when the following criteria have been met:
(1) The work to be performed by the classification requested is not performed by a classification in the wage
determination;
(2) The classification is utilized in the area by the construction industry; and
(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates
contained in the wage determination.
(B) If the Contractor and the laborers and mechanics to be employed in the classification (if known), or their
representatives, and the contracting officer agree on the classification and wage rate (including the amount designated for
fringe benefits where appropriate), a report of the action taken shall be sent by the contracting officer to the Administrato r
of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC
20210. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional
classification action within 30 days of receipt and so advise the contracting officer or will notify the contracting officer
within the 30-day period that additional time is necessary.
(C) In the event the Contractor, the laborers, or mechanics to be employed in the classification, or their representatives,
and the contracting officer do not agree on the proposed classification and wage rate (including the amount designated for
fringe benefits where appropriate), the contracting officer shall refer the questions, including the views of all interested
parties and the recommendation of the contracting officer, to the Administrator for determination. The Administrator, or
an authorized representative, will issue a determination within 30 days of receipt and so advise the contracting officer or
will notify the contracting officer within the 30-day period that additional time is necessary.
(D) The wage rate (including fringe benefits where appropriate) determined pursuant to subparagraphs (1)(ii) (B) or (C) of
this paragraph, shall be paid to all workers performing work in the classi fication under this contract from the first day on
which work is performed in the classification.
(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe
benefit which is not expressed as an hourly rate, the Contractor shall either pay the benefit as stated in the wage
determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.
(iv) If the Contractor does not make payments to a trustee or other third perso n, the Contractor may consider as part of the
wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits
under a plan or program: Provided that the Secretary of Labor has found, upon the written request of the Contractor, that
the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the Contractor to set
aside assets, in a separate account, for the meeting of obligations under the plan or program.
2. Withholding.
The County shall upon its own action or upon written request of an authorized representative of the Department of Labor
withhold or cause to be withheld from the Contractor under this contract or any other Federal contract with the same
prime Contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is
held by the same prime Contractor, so much of the accrued payments or advances as may be considered necessary to pay
laborers and mechanics, including apprentices, trainees, and helpers, employed by the Contractor or any sub-contractor
the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any
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apprentice, trainee, or helper, employed or working on the site of work, all or part of the wages required by the contract,
the Sponsor may, after written notice to the Contractor, Sponsor, Applicant, or Owner, take such action as may be
necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have
ceased.
3. Payrolls and Basic Records.
(i) Payrolls and basic records relating thereto shall be maintained by the Contractor during the course of the work and
preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records
shall contain the name, address, and social security number of each such worker; his or her correct classification; hourly
rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents
thereof of the types described in 1(b)(2)(B) of the Davis-Bacon Act); daily and weekly number of hours worked;
deductions made; and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(1)(iv) that the
wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a
plan or program described in section 1(b)(2)(B) of the Davis-Bacon Act, the Contractor shall maintain records that show
that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that
the plan or program has been communicated in writing to the laborers or mechanics affected, and that show the costs
anticipated or the actual costs incurred in providing such benefits. Contractors employing apprentices or trainees under
approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of
trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable
programs.
(ii)(A) The Contractor shall submit weekly for each week in which any contract work is performed a copy of all payroll s
to the Sponsor if the agency is a party to the contract, but if the agency is not such a party, the Contractor will submit th e
payrolls to the applicant, Sponsor, or Owner, as the case may be, for transmission to the Sponsor. The payrolls submitted
shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except
that full social security numbers and home addresses shall not be included on weekly transmittals. Instead the payrolls
shall only need to include an individually identifying number for each employee (e.g. the last four digits of the employee’s
social security number). The required weekly payroll information may be submitted in any form desired. Optional Form
WH–347 is available for this purpose from the Wage and Hour Division Web site at
www.dol.gov/whd/forms/wh347instr.htm or its successor site. The prime Contractor is responsible for the submission of
copies of payrolls by all sub-contractors. Contractors and sub-contractors shall maintain the full social security number
and current address of each covered worker and shall provide them upon request to the Sponsor if the agency is a party to
the contract, but if the agency is not such a party, the Contractor will submit them to the applicant , sponsor, or Owner, as
the case may be, for transmission to the Sponsor, the Contractor, or the Wage and Hour Division of the Department of
Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violat ion of
this section for a prime Contractor to require a sub-contractor to provide addresses and social security numbers to the
prime Contractor for its own records, without weekly submission to the sponsoring government agency (or the applicant,
Sponsor, or Owner).
(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the Contractor or
subcontractor or his or her agent who pays or supervises the payment of the persons employed under the contract and shall
certify the following:
(1) The payroll for the payroll period contains the information required to be provided under 29 CFR § 5.5(a)(3)(ii), the
appropriate information is being maintained under 29 CFR § 5.5 (a)(3)(i), and that such information is correct and
complete;
(2) Each laborer and mechanic (including each helper, apprentice, and trainee) employed on the contract during the
payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no
deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as
set forth in Regulations 29 CFR Part 3;
(3) Each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equi valents
for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.
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(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional Form WH -347
shall satisfy the requirement for submission of the “Statement of Compliance” required by paragraph (3)(ii)(B) of this
section.
(D) The falsification of any of the above certifications may subject the Contractor or sub -contractor to civil or criminal
prosecution under Section 1001 of Title 18 and Section 231 of Title 31 of the United States Code.
(iii) The Contractor or subcontractor shall make the records required under paragraph (3)(i) of this section available for
inspection, copying, or transcription by authorized representatives of the sponsor, the Sponsor, or the Department of
Labor and shall permit such representatives to interview employees during working hours on the job. If the Contractor or
subcontractor fails to submit the required records or to make them available, the Federal agency may, after written notice
to the Contractor, Sponsor, applicant, or Owner, take such action as may be necessary to cause the suspension of any
further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to
make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.
4. Apprentices and Trainees.
(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate f or the work they performed
when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the
U.S. Department of Labor, Employment and Training Administration, Bureau of Apprenticeship and Training, or with a
State Apprenticeship Agency recognized by the Bureau, or if a person is employed in his or her first 90 days of
probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the
program, but who has been certified by the Bureau of Apprenticeship and Training or a State Apprenticeship Agency
(where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to
journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the Contractor to the
entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not
registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage
determination for the classification of work actually performed. In addition, any apprentice performing work on the job
site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the
wage determination for the work actually performed. Where a Contractor is performing construction on a project in a
locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the
journeyman’s hourly rate) specified in the Contractor’s or sub -Contractor’s registered program shall be observed. Every
apprentice must be paid at not less than the rate specified in the registered program for the apprentice ’s level of progress,
expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination. Apprentices shall
be paid fringe benefits in accordance with the provisions of the apprenticeship program. If the apprenticeship p rogram
does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage
determination for the applicable classification. If the Administrator determines that a different practice prevails for the
applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Bureau of
Apprenticeship and Training, or a State Apprenticeship Agency recognized by the Bureau, withdraws approval of an
apprenticeship program, the Contractor will no longer be permitted to utilize apprentices at less than the applicable
predetermined rate for the work performed until an acceptable program is approved.
(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate
for the work performed unless they are employed pursuant to and individually registered in a program which has received
prior approval, evidenced by formal certification by the U.S. Department of Labor, Employment and Training
Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan
approved by the Employment and Training Administration. Every trainee must be paid at not less than the rate specified
in the approved program for the trainee’s level of progress, expressed as a percentage of the journeyman hourly rate
specified in the applicable wage determination. Trainees shall be paid fringe benefits in accordance with the provisions of
the trainee program. If the trainee program does not mention fringe benefits, trainees shall be paid the full amount of
fringe benefits listed on the wage determination unless the Administrator of the Wage and Hour Division determines that
there is an apprenticeship program associated with the corresponding journeyman wage rate on the wage determination
that provides for less than full fringe benefits for apprentices. Any employee listed on the payroll at a trainee rate that is
not registered and participating in a training plan approved by the Employment and Training Administration shall be paid
not less than the applicable wage rate on the wage determination for the classification of work actually performed. In
addition, any trainee performing work on the job site in excess of the ratio permitted under the registered program shall be
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paid not less than the applicable wage rate on the wage determination for the work actually performed. In the event the
Employment and Training Administration withdraws approval of a training program, the Contractor will no longer be
permitted to utilize trainees at less than the applicable predetermined rate for the work performed until an acceptable
program is approved.
(iii) Equal Employment Opportunity. The utilization of apprentices, trainees, and journeymen under this part shall be in
conformity with the equal employment opportunity requirements of Executive Order 11246, as amended, and 29 CFR Part
30.
5. Compliance with Copeland “Anti-Kickback”Act Requirements.
The Contractor shall comply with the requirements of 29 CFR Part 3, which are incorporated by reference in this contract.
6. Subcontracts.
The Contractor or subcontractor shall insert in any subcontracts the clauses contained in 29 CFR Part 5.5(a)(1) through
(10) and such other clauses as the Sponsor may by appropriate instructions require, and also a clause requiring the
subcontractor to include these clauses in any lower tier subcontracts. The prime Contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all the contract clauses in 29 CFR Part 5.5.
7. Contract Termination: Debarment.
A breach of the contract clauses in paragraph 1 through 10 of this section may be grounds for termination of the contract,
and for debarment as a Contractor and a subcontractor as provided in 29 CFR 5.12.
8. Compliance with Davis-Bacon and Related Act Requirements.
All rulings and interpretations of the Davis-Bacon and Related Acts contained in 29 CFR Parts 1, 3, and 5 are herein
incorporated by reference in this contract.
9. Disputes Concerning Labor Standards.
Disputes arising out of the labor standards provisions of this contract shall not be subject to the general disputes clause o f
this contract. Such disputes shall be resolved in accordance with the procedures of the Department of Labor set forth in
29 CFR Parts 5, 6, and 7. Disputes within the meaning of this clause include disputes between the Contractor (or any of its
subcontractors) and the contracting agency, the U.S. Department of Labor, or the employees or their representatives.
10. Certification of Eligibility.
(i) By entering into this contract, the Contractor certifies that neither it (nor he or she) nor any person or firm who has a n
interest in the Contractor’s firm is a person or firm ineligible to be awarded Government contracts by virtue of section
3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(ii) No part of this contract shall be subcontracted to any person or firm ineligible for award of a Government contract by
virtue of section 3(a) of the Davis-Bacon Act or 29 CFR 5.12(a)(1).
(iii) The penalty for making false statements is prescribed in the U.S. Criminal Code, 18 USC 1001.
Copeland “Anti-Kickback” Act
Contractor. The Contractor shall comply with 18 U.S.C. § 87, 40 U.S.C. § 3145, and the requirements of 29 CFR Part 3 as
may be applicable, which are incorporated by reference into this contract.
Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as
FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any
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lower tier subcontracts. The prime Contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all of these contract clauses.
Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a
Contractor and subcontractor as provided in 29 CFR § 5.12.
Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708)
Where applicable, all contracts awarded in excess of $100,000 that involve the employment of mechanics or laborers
must be in compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR
Part 5).
1. Overtime requirements. No Contractor or subcontractor contracting for any part of the contract work which may
require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in
any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless
such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for
all hours worked in excess of forty hours in such workweek.
2. Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in
paragraph (1) of this section the Contractor and any subcontractor responsible therefor shall be liable for the unpaid
wages. In addition, such Contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages.
Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen
and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $10 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty
hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section.
3. Withholding for unpaid wages and liquidated damages. The Owner shall upon its own action or upon written request
of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys
payable on account of work performed by the Contractor or subcontractor under any such contract or any other Federal
contract with the same prime Contractor, or any other federally-assisted contract subject to the Contract Work Hours
and Safety Standards Act, which is held by the same prime Contractor, such sums as may be determined to be
necessary to satisfy any liabilities of such Contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph (2) of this section.
4. Subcontractors. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1)
through (4) of this section and also a clause requiring the subcontracts to include these clauses in any lower tier
subcontracts. The prime Contractor shall be responsible for compliance by any sub-contractors or lower tier
subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.”
Rights to Inventions Made Under a Contract or Agreement
If the FEMA award meets the definition of “funding agreement” under 37 CFR § 401.2(a) and the recipient or sub-
recipient wishes to enter into a contract with a small business or nonprofit organization regarding the substitution of
parties, assignment or performance of experimental, developmental, or research work under that “funding agreement,”
the recipient or sub-recipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made by
Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts, and Cooperative
Agreements,” and any implementing regulations issued by FEMA.
Byrd Anti-Lobbying Amendment, 31 USC § 1352 (as amended)
Contractors who apply or bid for an award of $100,000 or more 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 emp loyee
of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any
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other award covered by 31 USC § 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.
Procurement of Recovered Materials
Contractor and subcontractor must comply with Section 6002 of the Solid Waste Disposal Act, Pub. L. No. 89-272 (1965)
(codifiedas amended by the Resource Conservation and Recovery Act at 42 USC § 6962), and the regulatory provisions of
40 CFR Part 247. Whenever (1) the contract requires procurement of $10,000 or more of a designated item during the
fiscal year; or (2) the Contractor has procured $10,000 or more of a designated item using Federal funding during the
previous fiscal year, in the performance of this contract the Contractor 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 contract performance schedule;
(ii) Meeting contract performance requirements; or
(iii) At a reasonable price.
Information about this requirement, along with the list of EPA- designate items, is available at EPA’s Comprehensive
Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.”
Safeguarding Personal Identifiable Information:
Contractor will take reasonable measures to safeguard protected personally identifiable information and other information
designated as sensitive by the awarding agency or is considered sensitive consistent with applicable federal, state, and/or
local laws regarding privacy and obligations of confidentiality.
DHS Seal, Logo, and Flags
The Contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials
without specific FEMA pre-approval.
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 1
REQUEST FOR PROPOSAL
Proposal No. 5266
Bid Title:
Disaster Debris Clearance and Removal Services
Date of Issue: July 29, 2019
Proposals Due: August 20, 2019
Time: 12:00 pm
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 2
Issued for:
Orange County, NC
Carrboro, NC
Chapel Hill, NC
Hillsborough, NC
Issued By:
Orange County North Carolina Financial Services Department
200 S Cameron Street, PO Box 8181
Hillsborough, NC 27278
If you have received this Request for Proposal from a source other than the Orange
County North Carolina Financial Services Department, it is the responsibility of the
bidder to ensure that all addenda has been received. Bidders should email the
Financial Services Department to ensure that your company is added to the
distribution list.
However, it is still the responsibility of the bidder to ensure that all addenda is
received prior to submitting a bid/proposal.
Email: dcannell@orangecountync.gov
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 3
Table of Contents
Notice of Request for Proposals 4
Instructions for Proposals 6
1.0 Introduction 6
2.0 Desired Timetable 7
3.0 Requests for Interpretation 8
4.0 Submission of Proposals 8
5.0 General 9
6.0 Proposal Requirements 12
7.0 Local Government’s Consultant 14
8.0 Debris Management Sites 14
9.0 Tipping Fees 15
10.0 Payment 15
11.0 Scope of Work 16
Schedule 1 – Unit Rate Price Sheet 31
Schedule 2 – Hourly Equipment and Labor Price Schedule 36
Current Orange County Solid Waste Management Department Fees 37
Non-Collusion Affidavit 40
Certification Regarding Lobbying 41
Proposer’s Bid Certification Form 42
Certification Regarding Debarment and Suspension 43
Appendix A-Sample Contracts 44
TOWN OF CARRBORO-SAMPLE CONTRACT 44
TOWN OF CHAPEL HILL-SAMPLE CONTRACT 50
TOWN OF HILLSBOROUGH-SAMPLE CONTRACT 58
ORANGE COUNTY-SAMPLE CONTRACT 67
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 4
Notice of Request for Proposals
For
Disaster Debris Clearance and Removal Services
For
Orange County, NC
Town of Carrboro, NC
Town of Chapel Hill, NC
Town of Hillsborough, NC
RFP: 5266
CATEGORY: Debris Removal Services
PROJECT: Disaster Debris Clearance and Removal Services
FROM: David Cannell, Purchasing Agent
NOTICE DATE: July 29, 2019
SUBMISSION DATE: August 20, 2019 by 12:00 PM, EST
This is a multi-jurisdiction solicitation to include the unincorporated area of Orange County and the incorporated
towns of Carrboro, Hillsborough, and Chapel Hill, including the portion of Chapel Hill located within Durham County.
Each entity will contract directly with the awarded Contractors should they choose to do so.
Each of the four organizations listed above are herein referred to as the “Local Government.”
The Local Government is requesting proposals from qualified contractors to provide disaster debris clearance,
removal, reduction, and disposal services in the event of a natural disaster within the area.
The award of a contract under this solicitation will be paid with federal funding. Funding is contingent upon
compliance with all terms and conditions of funding award. All prospective contractors shall comply with all
applicable federal laws, regulations, executive orders, FEMA requirements and the terms and conditions of the
funding award. In addition, contractors providing submittals shall be responsible for complying with state law and
local ordinances.
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 5
Prospective bidders may view the Request for Proposals attached below, and on the Local Government website
Orange County (http://www.orangecountync.gov/Bids.aspx) Chapel Hill (www.townofchapelhill.org. Click on
“Businesses” menu, then “Bid Notices” option, then the name of this project) and Carrboro
(http://www.townofcarrboro.org/bids.aspx).
All requests for interpretations related to this RFP must be submitted in writing to David Cannell, Purchasing Agent,
at Orange County North Carolina Financial Services Department dcannell@orangecountync.gov by 12:00 pm (noon) on
August 20 2019. All responses to timely submitted requests for interpretations will be published in the form of an
addendum on the County’s website on Wednesday, August 13th , 2019.
For questions on the bidding procedures, contact the Orange County North Carolina Financial Services Department at
919-245-2651 or dcannell@orangecountync.gov (preferred).
Sealed proposals for Disaster Debris Clearance and Removal Services (the “Project”) are to be furnished to the Orange
County North Carolina Financial Services Department on or before the specified time. The Local Government will in no
way be responsible for delays caused by any occurrence. In order to be considered, all proposals must be submitted in
writing no later than 12:00 PM (EST) on August 20, 2019. Contractors mailing proposal packages should allow delivery
time to ensure timely receipt of their proposal. The responsibility for getting the proposal to the Orange County North
Carolina Financial Services Department on or before the specified time and date is solely and strictly the responsibility
of the proposing contractor. The County will in no way be responsible for delays caused by any occurrence. Proposals
may be hand carried or mailed to:
Orange County North Carolina Financial Services Department
Attention: David Cannell, Purchasing Agent
200 S Cameron Street, PO Box 8181, Hillsborough, NC 27278
Hours of Operation: 8:00 a.m. - 5:00 p.m. (EST)
Monday through Friday
Phone: (919) 245-2651
Email: dcannell@orangecountync.gov
The Local Government reserves the right to reject any and all bids for any reason or no reason and to accept the bid
most favorable to the Local Government.
PUBLISHED: Date: August 17, 2019
Orange County website: www.orangecountync.gov
State of NC Interactive Purchasing System website: www.ips.state.nc.us
HUB Website: https://ncadmin.nc.gov/businesses/hub/events
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July 29, 2019 Page 6
Instructions for Proposals
For
Disaster Debris Clearance and Removal Services
For
Orange County, NC
Town of Carrboro, NC
Town of Chapel Hill, NC
Town of Hillsborough, NC
BID: 5266
CATEGORY: Debris Removal Services
PROJECT: Disaster Debris Clearance and Removal Services
FROM: David Cannell, Purchasing Agent
NOTICE DATE: July 29, 2019
SUBMISSION DATE: August 20, 2019 by 12:00 PM, EST
PLEASE READ ALL INSTRUCTIONS CAREFULLY
BEFORE PREPARING AND SUBMITTING YOUR BID
All bids shall be prepared and submitted in accordance with the following requirements. Failure to comply with any
requirement shall cause the bid to be considered irregular and shall be grounds for rejection of the bid.
1.0 Introduction
Orange County is located between the Research Triangle Park and the Triad cities of Greensboro, Winston-
Salem and High Point. With more than 130,000 residents, Orange County includes historic Hillsborough, the
county seat; Chapel Hill, home of the University of North Carolina; and Carrboro and a portion of Mebane,
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both former railroad and mill towns. The County encompasses 400 square miles of rolling farms and forest,
vital urban centers and small towns.
The Local Government is requesting proposals from experienced and qualified contractors to provide
emergency disaster recovery services including, but not limited to, clean-up, demolition, removal, reduction
and disposal of debris resulting from a natural or manmade disaster as directed by the Local Government.
The Local Government will enter into contracts with no committed immediate or annual cost to the Local
Government, and will activate the contract as needed.
The Local Government may enter into two (2) contracts: one with a “Primary” contractor and the other with a
“Secondary” contractor. The “Primary” contractor will be on a first contact basis for all disasters and
emergencies that may require debris removal, reduction, disposal or other cleanup activities. The
“Secondary” contractor will serve as a backup to the Primary for any disaster or emergency that may be of a
scale larger than one company would be capable and equipped to handle. The Local Government will reserve
the right to decide, at the guidance and recommendation of the Local Government Manager or his designee,
when and if the “secondary” contract will be activated.
The Local Government has not activated a contract for debris clearance and removal services in recent
memory and does not have a recent bid tab for debris clearance and removal services for review. Orange
County does have a debris management plan which has been submitted to the State for approval, a copy of
which is attached.
Responding contractors must, at a minimum, have performed at least three (3) debris removal, reduction, and
disposal operations in excess of 150,000 cubic yards and provide references for the communities where these
operations took place. Contractors will need to be licensed to do business in North Carolina and certify that
they are not included on the debarred FEMA list. It is intended that the successful bidder shall furnish all tools,
equipment, machinery, apparatus, labor and materials necessary to complete all wo rk required under the
terms of such contract(s) as may be entered into.
The Local Government is seeking to enter into an agreement for three years with the option to extend for two
additional one-year periods with two contractors to provide the services contained within this RFP.
2.0 Desired Timetable
A. RFP Issued July 29 , 2019
B. Written Questions due August 7,-2019
C. Responses to questions August 13, 2019
D. Submittals due 12 p.m. August 20, 2019
E. Evaluation period Beginning August 20, 2019
F. Anticipated Contract Award --------------------------TBD-2019
*All times above are Eastern Standard Time. Please contact David Cannell, Purchasing Agent, at Orange
County North Carolina Financial Services Department at dcannell@orangecountync.gov if you anticipate
challenges meeting this timetable.
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3.0 Requests for Interpretation
All questions pertaining to this RFP must be submitted in writing no later than 12:00 PM on August 7, 2019.
Written questions should be emailed to: dcannell@orangecountync.gov.
All responses to timely submitted requests for interpretations will be published in the form of an addendum of
the County’s website at http://www.orangecountync.gov/bids.aspx
4.0 Submission of Proposals
A. Deadline: Mail one (1) original hardcopy. Proposals shall be sealed and marked “RFP # 5266, Disaster
Debris Clearance and Removal Services.” Sealed proposals must be received by 12:00 PM EST, on
August 20, 2019, at the office of David Cannell, Purchasing Agent, at Orange County North Carolina
Financial Services Department, 200 S. Cameron Street, PO Box 8181, Hillsborough, NC 27278. Although
not required, the vendor may also submit one (1) electronic copy (pdf format) for staff convenience by
email to dcannell@orangecountync.govg with “Disaster Debris Clearance and Removal” in the subject
line.
B. Addenda: Each Proposer is responsible for determining that all addenda issued by the Orange County
Purchasing Agent have been received before submitting a proposal. All such addenda shall become part
of the contract and all Bidders shall be bound by such addenda.
C. Identification: Bids shall be enclosed in a sealed envelope addressed to David Cannell, Purchasing
Agent, Orange County North Carolina Financial Services Department, 200 S. Cameron Street, PO Box
8181, Hillsborough, NC 27278 and should be clearly marked “RFP 5266, Disaster Debris Clearance and
Removal Services”.
D. Time is of the essence: Any proposal received after the announced time and date for submittal,
whether by mail or otherwise, will be rejected. It is the sole responsibility of the contractor for ensuring
that their proposal is received by the Purchasing and Contracts Manager before the deadline indicated
above. The Orange County North Carolina Financial Services Department will in no way be responsible
for delays caused by any occurrence.
E. Preparation of Response: The contractor’s proposal should be prepared simply and economically and
should provide all the information which it considers pertinent to its proposal and qualifications for the
work to be performed. Proposals shall be submitted on the forms included with the bid documents. Any
interlineations, alterations or erasures must be initialized by the signer of the proposal.
There is no page limit to the RFP; however, to allow for a timely review process, please submit only
requested and relevant information.
F. Propriety Information: Trade secrets of proprietary information submitted by a proposer, in connection
with a procurement transaction shall not be subject to the public disclosure under the NC Public
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Records Law. However, the proposer or offeror must invoke the protection of this section prior to or
upon submission of the data or other materials, and must identify the data on other materials to be
protected and state the reasons why protection is necessary.
Each individual page shall be identified in boldface at the top as "CONFIDENTIAL" in a font size of 14
or larger. Any section of the proposal that is to remain confidential shall also be so marked in boldface
on the title page of that section along with each individual page within that section. Cost information
and any other public information may not be deemed confidential; therefore, it is requested that only
the necessary confidential pages be marked.
G. Binding: Submittals must include the proposer’s bid certification form (contained within) signed by an
authorized representative of the company to legally bind the offer. All proposals submitted without
such signature may be deemed non-responsive.
H. Miscellaneous: Nothing herein is intended to exclude any responsibilities or in any way restrain or
restrict competition. All contractors are encouraged to submit proposals. The Local Government
reserves the right to waive any informalities and to reject any and/or all proposals. In addition, the
Local Government reserves the right to cancel a solicitation at any time prior to the award of a contract.
I. Performance & Payment Bond: Awarded Contractor(s) will be required to furnish a performance and
payment bond in an amount of 100% of the contract cost within ten (10) days after the contract has
been activated and a Notice to Proceed has been issued by the Local Government. The contract amount
will be determined at the time of the event due to the severity of the storm. The performance and
payment bond shall continue throughout the Services and for one year after the full scope of work is
completed. Bonds shall be submitted to the Local Government Purchasing and Contracts Manager.
The Performance Bond and the Payment Bond shall be executed by one or more surety companies
legally authorized to do business in the State of North Carolina and shall become effective upon
activation of contract and issuance of a Notice to Proceed by the Local Government. The surety bonds
must be in the form set forth in N.C.G.S. 44A-33 without any variations there from or in any other form
authorized by N.C.G.S. The Contractor will be solely responsible for any costs associated with obtaining
bonds; bond premiums will not be reimbursed by the Local Government.
In addition, the successful proposer(s) will be required to submit a verification letter annually from the
surety confirming that the contractor is able to provide a payment and performance bond.
5.0 General
A. Time for Consideration: The Local Government shall have a period of one hundred twenty (120) calendar
days from due date of the proposals in which to award the contract. The Proposer shall be bound by their
proposal during that time. A company may withdraw a proposal by written request prior to the date and
time of the proposal opening or after the 120-day time for consideration if a contract has not been
awarded.
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B. Evaluation of Submittals: Evaluation factors have been identified in Section 6. “Proposal Requirements.”
Proposals will only be evaluated on the factors included within this RFP. A committee will evaluate all
responses received by scoring them on the weighted system provided.
The evaluation committee will be comprised of County and Town personnel and may include committee
members from the Local Government’s independent Consultant for monitoring and oversight.
C. Contract Award: The Local Government may enter into two (2) contracts: one with a “Primary”
contractor and the other with a “Secondary” contractor. The “Primary” contractor will be on a first
contact basis for all disasters and emergencies that may require debris removal, reduction, disposal or
other cleanup activities. The “Secondary” contractor will serve as a backup to the Primary for any disaster
or emergency that may be of a scale larger than one contractor would be capable and equipped to handle.
Award shall be made to the contractors whose proposal is determined to be the most advantageous to
the Local Government, taking into consideration the contractor’s qualifications, experience, mobilization
and operational plans, and price. Estimated quantities (determined by the Local Government) will be used
in the evaluation of the unit price schedule.
Consideration shall also be given to the company’s integrity, compliance with public policy, record of past
performance, references, and financial and technical resources.
D. Contract Term: The contracts shall be for an initial term of three years with an option to renew for two
additional one year periods, upon written mutual consent of all parties. This contract shall only be used
on an “as needed” basis as determined solely by Local Government.
E. Contracting with small and minority businesses, women’s business enterprises, and labor surplus area
companies: The Local Government encourages all businesses, including minority, women-owned
businesses to respond to all Request for Proposals. In addition, if subcontracts are let, the awarded
contractor must ensure that the necessary affirmative steps are taken:
a. Place qualified small, minority, and woman-owned businesses on solicitations lists;
b. Assure that such businesses are solicited when they are potential sources;
c. Divide total requirement, when economically feasible, into smaller tasks or quantities to permit
maximum participation by such businesses;
d. Establish delivery schedules, where requirements permit, which encourage such businesses to
respond;
e. Use service and assistance from such organization as SBA, minority business development agency
of the Department of Commerce;
Contractors shall include these special provisions in all subcontracts for this contract. Failure on the part of
the Contractor to carry out the requirements set forth in the special provision may constitute a breach of
contract and after proper notification may result in termination of the contract or other appropriate
remedy.
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F. Debris Manager: The Local Government Debris Manager will be designated by the Local Government and
may include a third party representative from the Local Government’s consulting firm. It is anticipated
that the Local Government Debris Manager will work directly with the Contractor.
G. Activation of Contract: Should the contracts be activated, fees will be estimated based off the initial
assessment of damages occurred. The Local Government Debris Manager in consultation with State and
FEMA officials will determine the fee schedules to be used at the time of activation of the contracts.
H. Funding Source: Payment for services under contract by this solicitation may be paid with federal funding.
Funding is contingent upon compliance with all terms and conditions of funding award. The selected
Contractor(s) shall comply with all applicable federal laws, regulations, executive orders, FEMA
requirements and the terms and conditions of the funding award.
I. Compliance by Awarded Contractor: The awarded contractors shall comply with all applicable federal
laws, regulations, executive orders, FEMA requirements, specifically 2 CFR, Part 200, and the terms and
conditions of the funding award. In addition, contractors providing submittals shall be responsible for
complying with state law and local ordinances.
J. Certification of Proposer Regarding Debarment: By submitting a proposal under this solicitation, the
Contractor certifies that neither it nor its principals are presently debarred or suspended by any Federal
department or agency from participation in this transaction.
K. Form of Contracts. The contracts to be awarded as a result of this RFP will be in substantially the same
form and content as the sample contracts for each Local Government included in Appendix A included in
this bid package. In the event that additional terms and conditions are proposed to be attached to said
contract, there shall be none of the following unless Local Government’s express prior written agreement
is obtained: (i) any limitation on, or disclaimer of, implied or express warranties or the liability of
Contractor; (ii) any limitation on damages, including a limitation on consequential damages; (iii) any
requirement for arbitration or for mandatory mediation; (iv) any requirement that Local Government
officials or employees keep information confidential or that records be kept confidential by the Local
Government, unless the requirement for confidentiality meets the requirements of the North Carolina
Public Records law.
L. Insurance Provisions: The successful bidder shall procure and maintain during the life of the contract the
Insurance Provisions as outlined in the attached sample contracts for each Local Government included in
Appendix A.
M. Quality of Work. All work performed shall be strictly of the best quality of their respective kinds and
suitable for the use intended, subject to approval by the Local Government. All equipment and tools shall
be clean and in good working order. All workers shall be qualified in the work assigned and to operate
equipment or machinery as directed.
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6.0 Proposal Requirements
In order to evaluate responses efficiently and equitably, responses must be submitted as identified below.
Failure to submit this information may render your proposal non-responsive. Each respondent shall provide
the following information:
Section 1: Introduction: Company Information
Company name and business address, including telephone, email address, website address.
The type of company (individual, partnership, corporation, etc.) and list the names of all partners,
principals, etc.
Year established. Include former company name(s) and year(s) established, if applicable.
The name, title, address, and telephone number of the company’s authorized negotiator. The person
identified must be empowered to make binding commitments for the company.
Section 2: Bonding
Performance and Payment Bonds
Section 3: Technical experience (*Weighted)
This section shall include contractor’s debris volume estimates with backup documentation as to how
the contractor determines its estimates.
Section 4: Qualifications: Training and professional experience (*Weighted)
List any professional training and experience, especially in relation to the type and magnitude of work
required for the particular scope of services.
Provide a copy of contractor’s safety program. This may be provided under separate cover or as a link
to access this information.
Section 5: Existing Contracts
List the number of existing disaster debris removal contracts with other agencies.
Provide a list of all existing debris removal/hauling contracts.
Provide an explanation of how the Contractor will fulfill this contract if several entities are affected by
the same disaster and the Contractor has existing contracts for debris clearance and removal in place
with those entities. If this situation were to arise, how will the Contractor assure the Local
Government that they will provide service here and not go to another location that has more
damage?
Section 6: References (*Weighted)
References from existing contracts and/or past clients (must include references from the successful
completion of three (3) debris removal projects in excess of 150,000 cu yds.)
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Section 7: Financial Resources (*Weighted)
A copy of the most recently audited financial statement or Dun and Bradstreet statement if sole
proprietor. This page should be marked as “Confidential,” and it will be kept confidential to the
extent allowed under the NC Public Records Act.
Section 8: Resources (*Weighted)
Detailed listing of Contractor’s equipment and resources
Section 9: Plan of Action (*Weighted)
A debris management and response plan of action (mobilization and operations plan)
List of locations/offices that Contractor will stage from prior to the storm and estimated length of time
for arrival in Local Government once event has occurred.
Section 10: Drawings
Preliminary construction drawings for OSHA compliant temporary inspection towers
Section 11: Forms
Schedule1 – Unit Rate Price Schedule (on provided forms)
Schedule 2 – Hourly Equipment and Labor Price Schedule (on provided form)
Non-Collusion Affidavit (on provided form) MUST BE NOTARIZED
Proposer’s Bid Certification Form (on provided form) MUST BE NOTARIZED
Certification Regarding Debarment and Suspension (on provided form)
Certification Regarding Lobbying (on provided form)
Section 12: Exceptions (*Weighted)
Exceptions to the Sample Contracts for Each Local Government included in Appendix A. Attached in
Appendix A are sample contracts for each Local Government that describes the Local Government’s
contractual terms and conditions. Each successful contractor will be required to enter into a contract
with each Local Government.
These sample service agreements do not need to be submitted with the proposal. The federal
government requires certain terms and conditions when federal funding is involved, which the Local
Government is NOT able to negotiate. Therefore, any exceptions to the sample contracts must be
documented and submitted with your response. These exceptions will be reviewed during the
evaluation process.
Exceptions to the Scope of Services. Any and all exceptions/deviations to the required Scope of
Services shall be documented on a separate page and submitted in this Section.
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Litigation. Provide information concerning any pending, ongoing, or prior litigation within the last 10
years.
Section 13: Other Requirements (*Weighted)
A statement of the contractor’s familiarity and experience with FEMA’s Public Assistance Program
including all Alternative Procedures Pilot Programs for Debris Removal and applicable laws, rules, and
regulations.
An outline of the contractor’s willingness and ability to utilize local contractors and their general
requirements for doing so. This includes the contractor’s use of women and minority owned
businesses to provide services.
CRITERIA FOR EVALUATION AND AWARD
The successful Proposer will be selected based upon the best overall proposal offered to the Local
Government taking into consideration price, qualifications, technical experience, and other factors such as,
but not limited to, past experience working with FEMA’s Public Assistance Program, financial standing,
references, and any Exceptions to the Scope of Work and Contract terms. The Local Government will use the
following criteria and weight to determine the best response.
CRITERIA WEIGHT
Price 50%
Qualifications/Resources 30%
Technical 10%
Other 10%
Pricing is evaluated on a line item review. The 50% weight applies to both schedule 1 and schedule 2,
attached.
7.0 Local Government’s Consultant
The Local Government may contract with an independent firm to provide professional consulting services in
disaster management and recovery. This Consultant will assist the Local Government in disaster debris
monitoring in the event a contract is activated. In addition, the Consultant will oversee the project and ensure
that the contractors are using the appropriate forms required by federal agencies.
8.0 Debris Management Sites (“DMS”)
Orange County has pre-identified DMS locations. These locations should be used by the contractor in
determining hauling costs per item in this bid. Pre-identified DMS locations in Orange County, North Carolina
are as follows:
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Name Address City Zip Acres Lat. Long
* Millhouse Rd
Site
Across from
Town of
Chapel Hill
Public
Works (6850
Millhouse
Rd)
Chapel Hill 27516 14.9 35.977589 -79.077101
* Mincey Rd
Site
Mincey Rd,
east of Hwy
57
Hillsborough 27278 5.28 36.144120 -79.052443
Eubanks Rd
Landfill Site
1514
Eubanks Rd
Chapel Hill 27516 4.9 35.973873 -79.078195
* = Primary sites. All others are secondary for extreme events.
The Local Government welcomes input from the Contractors regarding other locations for potential DMS and
final disposal sites.
Local Government does not warrant or guarantee the availability or use of any dump sites. Contractor must
coordinate directly with owners of all final disposal sites. All final disposal sites must be approved, in
writing, by the Local Government Debris Manager. The Local Government will maintain ownership of all
reduced and unreduced debris assigned to the Contractor for removal until the debris reaches the final
disposal site. The Contractor will, at no time, take ownership of the debris unless approved, in writing, by
the Local Government Debris Manager.
9.0 Tipping Fees
Payment for disposal costs such as tipping fees incurred by the Contractor at permitted disposal facilities, or
other Local Government approved sites that meet local, state, and federal regulations for disposal, will be
made at the cost incurred by the Contractor. Disposal costs for tipping fees must be submitted to the Local
Government for review and approval prior to the Contractor disposing of debris at such final disposal sites or
landfills. The types of debris that may incur disposal costs must also be submitted to the Local Government
for review and approval. Contractor must furnish a copy of the invoice received by the disposal facility, all
scale or load tickets issued by the disposal facility, and proof of Contractor payment to the disposal facility.
Tipping fees need to be listed as a separate item on all tickets/invoices. The contractor and hauler must
charge the current rate for tipping fees; no markup (profit) is authorized for tipping fees. Tipping Fees will not
be waived by the Local Government. Orange County’s current fees are attached.
10.0 Payment
The Local Government Debris Manager will monitor, verify, and document with load tickets the completion of
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all work, as defined in the scope. The Contractor will be provided with copies of this documentation. These
documents will be used by the Contractor as back-up for invoice submittals. No approvals will be made for
work not ticketed or not authorized by the Local Government.
Invoices must be submitted to the Local Government with a hard copy of the invoice and an electronic copy of
the invoice detail. The invoice detail must consist of a tabular report listing all information on each load ticket.
Invoice detail submittals will be checked against Local Government records. Local Government records are the
basis of all payment approvals.
A 10% retainage will be held until the end of the project. In order to recover the retainage, the Contractor
must successfully complete all work zones. Retainage will be held until final reconciliation is complete.
Portions of the retainage may be held by the Local Government to repair damages caused by the Contractor to
public or private property.
No separate payment will be made for mobilization and demobilization operations. These costs are to be
included in the respective unit prices bid for debris removal and will not be adjusted based on the total
amount of debris actually removed in the contract.
Payment for disposal cost incurred by the Contractor at permitted disposal facilities will be made at the cost
incurred by the Contractor. Contractor must submit a copy of the invoice received by the disposal facility, an
electronic copy tabulating all scale or load tickets issued by the disposal facility, and proof of Contractor
payment to the disposal facility.
Contractors must submit invoices regularly by the end of each month for services performed. Invoices cannot
be turned in for more than a 30-day period. Contractor must submit final invoice within thirty (30) days of
completion of scope of work. Completion of scope of work will be acknowledged, in writing, by the Local
Government Debris Manager.
The Contractor shall bill and the Local Government shall pay the unit prices set forth therein. Payment will be
made by the Local Government within thirty (30) days of receipt of an accurate invoice, approved by the by
the Contract Coordinator.
11.0 Scope of Work
General: Work shall consist of clearing and removing any and all eligible debris as defined by the Federal
Emergency Management Agency (“FEMA”) Public Assistance Policy and Guidance, latest version, all applicable
State and Federal Disaster Specific Guidances (“DSGs”) and policies, and as directed by the Local Government
Debris Manager. Work will include 1) examining debris to determine whether or not debris is eligible,
burnable or non-burnable, 2) loading the debris, 3) hauling the debris to an approved Debris Management Site
“DMS” or landfill, 4) reducing the debris, 5) hauling the debris to an approved disposal facility, and 6) properly
disposing the debris at the DMS or landfill.
Debris not defined as eligible by the Public Assistance Policy and Guidance (latest version) or State or Federal
DSGs or policies will not be loaded, hauled, or dumped under this contract unless written instructions are
given to the Contractor by the Local Government Debris Manager.
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Contractors shall also provide disaster recovery technical program management assistance relating to
reimbursement of eligible damage costs from federal and state agencies when available to Local
Government’s officials. Selected contractors will be subject to constant observation by Local Government’s
debris monitoring staff. This staff, which may include a contracted specialist along with staff from other
government entities, will ensure debris removal efforts are within Public Assistance guidelines and in
compliance with all applicable Federal, State, and local regulations.
While intended for debris removal after any disaster, the primary focus for this work is debris generated by
storms. To provide a non-committal estimate of potential contract scope, the U.S. Army Corps of Engineers
“Hurricane Debris Estimating Model” was used to predict debris amounts.
These estimates are based on the U.S. Army Corps of Engineers planning formula using a Category 3 Hurricane
including a wet pre-storm with heavy vegetation and medium commercial multipliers. This is provided as an
example only. They are not exact and should not be so construed. It will be the responsibility of the
CONTRACTOR in conjunction with the DEBRIS MANAGER at the time of the event to make an actual
determination.
Formula: Q = H(C)(V)(B)(S) = Quantity of Debris in Cubic Yards
Carrboro:
H = P/3 = 20,000/3 = 6,667 (3 persons/household)
C = 26 (Factor for a Category 3 storm)
V= 1.5 (Multiplier for heavy vegetation)
B= 1.2 (Multiplier for medium commercial due to schools/stores/apartments)
S= 1.3 (Multiplier for wet storm event)
Q = 405,620 cubic yards
30% Clean Woody Debris = 121,686 cubic yards
70% Mixed C&D = 283,934 cubic yards
Chapel Hill:
H = P/3 = 59,000/3 = 19,667 (3 persons/household)
C = 26 (Factor for a Category 3 storm)
V= 1.5 (Multiplier for heavy vegetation)
B= 1.2 (Multiplier for medium commercial due to schools/stores/apartments)
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 18
S= 1.3 (Multiplier for wet storm event)
Q = 1,196,540 cubic yards
30% Clean Woody Debris = 358,962 cubic yards
70% Mixed C&D = 837,578 cubic yards
Hillsborough:
H = P/3 = 7,364/3 = 2,455 (3 persons/household)
C = 26 (Factor for a Category 3 storm)
V= 1.5 (Multiplier for heavy vegetation)
B= 1.2 (Multiplier for medium commercial due to schools/stores/apartments)
S= 1.3 (Multiplier for wet storm event)
Q = 149,362 cubic yards
30% Clean Woody Debris = 44,809 cubic yards
70% Mixed C&D = 104,553 cubic yards
Orange County:
H = P/3 = 144,000*/3 = 48,000 (3 persons/household) [*Population number includes total population
for entire County, including municipal jurisdictions.]
C = 26 (Factor for a Category 3 storm)
V= 1.5 (Multiplier for heavy vegetation)
B= 1.2 (Multiplier for medium commercial due to schools/stores/apartments)
S= 1.3 (Multiplier for wet storm event)
Q = 2,920,320 cubic yards
30% Clean Woody Debris = 876,096 cubic yards
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 19
70% Mixed C&D = 2,044,224 cubic yards
All costs associated with the documentation and recovery process shall be included in Contractor’s pricing in
the Schedules attached. Proposers shall have proven experience with overall management and FEMA
requirements including alternative procedures that may be available under pilot programs as well as all rules
and regulations to qualify for this scope of work.
Any and all permits that are necessary for the disposal of storm debris will be the contractor’s responsibility to
obtain in a timely manner.
Contractor should adhere to applicable FEMA and other federal policies in place at the time of cont ract
activation. Contracts funded with federal grant or loan funds must be procured in a manner that conforms
with all applicable Federal laws, policies, and standards, including those under the Uniform Guidance (2 CFR
Part 200).
Description of Designated Area: The designated area for debris removal is bounded by the limits of the Local
Government and includes all public rights-of-way (ROWs), easements, Local Government parks, and alleys.
Debris removal performed on roadways will be performed as identified by the Local Government Debris
Manager.
Carrboro: There are approximately 47 center line miles of Town of Carrboro maintained roads and 20
center line miles of state maintained roads within the designated area. It is anticipated that if the NC
DOT is performing road clearing on state maintained roads (primary and secondary), then the Town of
Carrboro will not activate our contracts for road clearance on NC DOT roads. The Town of Carrboro
does not have a pre-existing memorandum of understanding with NC DOT for clearing NC DOT
roadways in lieu of the NC DOT.
Chapel Hill: There are approximately 165 center line miles of Town of Chapel Hill maintained roads
and 67 center line miles of state maintained roads within the designated area. It is anticipated that if
the NC DOT is performing road clearing on state maintained roads (primary and secondary), then the
Town of Chapel Hill will not activate our contracts for road clearance on NC DOT roads. The Town of
Chapel Hill does not have a pre-existing memorandum of understanding with NC DOT for clearing NC
DOT roadways in lieu of the NC DOT.
Hillsborough: There are approximately 36 center line miles of Town of Hillsborough maintained roads
and 13 center line miles of state maintained roads within the designated area. It is anticipated that if
the NC DOT is performing road clearing on state maintained roads (primary and secondary), then the
Town of Hillsborough will not activate our contracts for road clearance on NC DOT roads. The Town of
Hillsborough does not have a pre-existing memorandum of understanding with NC DOT for clearing
NC DOT roadways in lieu of the NC DOT.
Orange County: There are approximately 836 NC DOT maintained road miles in Orange
County. Orange County has a current memorandum of understanding with NC DOT authorizing the
County to request release of certain NC DOT maintained roads within the County for the purpose of
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 20
vegetative debris removal during a federally declared event. See Orange County Debris Management
Plan for additional information.
All debris identified by the Local Government Debris Manager shall be removed. The Contractor shall make
multiple complete passes through the Local Government, removing all debris along each street right-of-way.
Partial removal of debris piles is strictly prohibited. The Contractor shall not move from one designated work
area to another designated work area without prior approval from the Local Government or its representative.
Any eligible debris, such as fallen trees, which extends onto the ROW from private property shall be cut at the
point where it enters the ROW and that part of the debris which lies within the ROW shall be removed. The
Contractor shall not enter onto private property during the performance of this contract unless specifically
authorized by the Local Government Debris Manager, in writing. No FEMA ineligible debris shall be hauled
from the designated area.
Contractor shall deliver debris to disposal sites that have been permitted to receive storm generated debris
and adhere to all state, local, and federal regulations.
Debris shall be reasonably compacted into the hauling vehicle. No limbs shall be allowed to protrude more
than 6” beyond the sides of the truck bed. Any debris extending above the top of the bed shall be secured in
place so as to prevent it from falling off. Measures must be taken to avoid the blowing of debris out of the
hauling vehicle during transport to the disposal site.
All debris shall be mechanically loaded and reasonably compacted into the trucks and trailers. Hauling
vehicles that are hand loaded or that require mechanical assistance for dumping will not be permitted to
dump at the DMS, unless approved in advance by the Local Government Debris Manager.
Loose leaves and small debris in excess of one bushel basket shall be removed within the designated area. No
debris shall be left on the road surface. No single piece of debris larger than six inches (6”) in any dimension
shall be left on site. Hand crews and rakes will be required.
Contractor will provide an on-site Project Manager to the Local Government and the Local Government Debris
Manager. The Project Manager shall provide a telephone number to the Local Government with which he or
she can be reached for the duration of the project. The Project Manager will be expected at daily meetings
with the Local Government Debris Manager and/or Local Government Debris Manager representatives. Daily
meeting topics will include, but not limited to, volume of debris collected, completion progress, Local
Government coordination, and damage repairs. Frequency of meetings may be adjusted by the Local
Government Debris Manager. Contractor Project Manager or designee must be available 24 hours a day, or as
required by the Local Government Debris Manager.
Documentation and Measurement: Prior to beginning any work, the Local Government, or its representative,
shall clearly number each truck hauling debris or piece of equipment loading debris. All vehicles must be
certified by the Local Government, or its representative, prior to debris collection. If a vehicle is working
under multiple contracts or for multiple communities, it must be re-certified by an authorized Local
Government representative each time it returns to work from other contracts or communities.
Contractor is responsible for ensuring that all subcontractors maintain valid driver’s licenses and equipment
legally fit for travel on the road.
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Disaster Debris Clearance and Removal Services
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“Load tickets” will be provided by the Local Government or its representative at the loading site for recording
volumes of debris removal.
Each ticket shall be of a type that consists of one original and four carbon-copy duplicates.
Load tickets will be issued by an authorized representative of the Local Government at the loading site. The
Local Government representative will keep one copy of the ticket, and give four copies to the vehicle
operator. Upon arrival at the dumpsite, the vehicle operator will give the four copies to the Local Government
representative at the dumpsite. Trucks with less than full capacities will be adjusted down by visual
inspection. This determination will be made by the Local Government representative present at the dumpsite.
The Local Government representative will validate, enter the estimated debris quantity, and sign the tickets.
The Local Government will keep the original copy and the three remaining duplicate copies will be returned to
the vehicle operator for the Contractor’s records.
Recent technological advancements have allowed for electronic or automated documentation of debris
removal. The use of an Automated Debris Management System (ADMS) is at the discretion of the Local
Government and its authorized representatives. The successful proposer should be prepared to manage a
debris removal operation that is documented using both paper based and electronic systems.
The Contractor shall give written notice of the location for work scheduled 24 hours in advance.
Equipment: All trucks and other equipment must be in compliance with all applicable federal, state, tribal,
and local rules and regulations. Any truck used to haul debris must be capable of rapidly dumping its load
without the assistance of other equipment and be equipped with a tailgate that will effectively contain the
debris during transport and permit the truck to be filled to capacity.
Sideboards or other extensions to the bed are allowable provided they meet all applicable rules and
regulations, cover the front and both sides, and are constructed in a manner to withstand severe operating
conditions. The sideboards are to be constructed of two inch (2”) by six inch (6”) boards or greater and not to
extend more than two feet (2’) above the metal bedsides. In order to ensure compliance, equipment will be
inspected by authorized Local Government representatives prior to its use by the Contractor.
Trucks or equipment designated for use under this contract shall not be used for any other work during the
working hours of this contract. The Contractor shall not solicit work from private citizens or others to be
performed in the designated work area during the period of this contract. Under no circumstances will the
Contractor mix debris hauled for others with debris hauled for the Local Government.
Equipment used under this contract shall be rubber-tired and sized properly to fit loading conditions.
Excessive size equipment (100 CY and up) and non-rubber tired equipment must be approved for use on the
road by the Local Government Debris Manager.
Hand loaded vehicles are prohibited unless pre-authorized, in writing, by the Local Government Debris
Manager, following the event. All hand-loaded vehicles will receive an automatic 50% deduction for lack of
compaction.
Use of Local Resources: The Contractor shall give first priority to utilizing resources located within the disaster
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
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or emergency area.
Working Hours: Typically, working hours will be Monday through Saturday, 7:00 AM through 7:00 PM, and
Sunday, 1:00 PM through 7:00 PM. Hours may vary depending on the nature of the event.
Safety: Contractor shall be solely responsible for providing and maintaining a safe work environment at all
work sites. Contractor shall take all reasonable steps to insure safety for both workers and visitors to the
site(s) to include traffic control. Contractor will also be solely responsible to ensure that all OSHA
requirements are met and a safety officer is assigned to the project during the duration of this contract. All
work shall be accomplished in a safe manner in accordance with EM 385-1-1 (U.S. Army Corps of Engineers,
Safety and Health Requirements).
Traffic Control: The Contractor shall be responsible for control of pedestrian and vehicular traffic in the work
area. The Contractor shall mitigate impact on local traffic conditions to all extents possible. The Contractor is
responsible for establishing and maintaining appropriate traffic control in accordance with the latest Manual
of Uniform Traffic Control Devices. The Contractor shall provide sufficient signing, flagging and barricading to
ensure the safety of vehicular and pedestrian traffic at all debris removal, reduction and/or disposal site(s). All
barricades, warning signs, lights, temporary signals, other protective devices, flagmen and signaling devices
used under the performance of this work shall conform to the minimum requirements as set out in the
Manual on Uniform Traffic Control Devices for Streets and Highways, Part VI, prepared by the National Joint
Committee on Uniform Traffic Control Devices.
Contractor shall provide qualified flagmen where necessary to direct the traffic and shall take all necessary
precautions for the protection of the work, and the safety of the public.
Work Safety: The Contractor shall provide and enforce a safe work environment as prescribed in the
Occupational Safety and Health Act of 1970, as amended. The Contractor will provide such safety equipment,
training and supervision as may be required by Local Government. The Contractor shall ensure that its
subcontracts contain a similar safety provision.
The Contractor shall supervise and direct the work, using skilled labor and proper equipment for all tasks.
Safety of the Contractor's personnel and equipment is the responsibility of the Contractor to in clude
maintaining all OSHA safety records and inspections as may be required for this type of service. Additionally,
the Contractor shall pay for all materials, personnel, taxes, and fees necessary to perform under the terms of
this contract.
The Contractor shall be responsible for installing site security measures and maintaining security for the
operation at the site.
The Contractor shall be responsible for fire protection and shall manage the site to minimize the risk of fire.
Damage to Public or Private Property: Contractor is responsible for all damage, injury, or loss to any property
caused by the Contractor’s debris removal activities/operations.
Contractor shall restore all disturbed areas to their original condition, including re-grading, use of rye grass
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and permanent grass, and any other means determined to be necessary.
Contractor failure to restore damage to public or private property to the satisfaction of the Local Government
will result in the Local Government withholding retainage money in an amount sufficient to make necessary
repairs.
Existing Utilities: Some trees and debris which are to be removed under this contract may be blocked or
entangled with overhead power, telephone, and television cables. In this case, it shall be Contractor’s
responsibility to coordinate directly with the utility owners to arrange for the removal of the debris without
damage to the overhead utility lines. Contractor shall pay all such costs to the utility company for any
adjustments for damages caused by Contractors debris removal activities/operations.
Contractor shall make the necessary repairs or pay all costs incurred to repair damaged utilities, as
determined by the affected utility company.
The following is a list of utility owners believed to have facilities in the project area:
Orange County Water & Sewer Authority (OWASA) (919) 968-4421
Duke Energy (800) 777-9898
PSNC (877) 776-2427
AT&T (800) 432-1424
Spectrum (Cable) (919) 595-4892
This list is included for the Contractor’s reference and is not intended to be a comprehensive list of all utility
owners.
Environmental Protection: All chemicals of whatever nature used during project construction or furnished for
project operation must show EPA or USDA approval certification. Their use and disposal of all residues shall
be in strict compliance with instructions.
The Contractor shall, at its own expense, ensure that noise and dust pollution is minimized to comply with all
local and state ordinances and the approval of the Local Government Debris Manager. Contractor shall
comply in a timely manner with all directions of the Local Government Debris Manager regarding the use of a
water truck or other approved dust abatement measures.
The Contractor shall comply with all laws, rules, regulations and ordinances regarding environmental
protection.
A. Emergency Road Clearance
Work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to clear and remove
debris from the Local Government’s primary transportation routes/roadways to make them passable
immediately following a declared disaster event. All roadways designated by the Local Government
Debris Manager shall be clear and passable within a reasonable period of time from the issuance of a
Notice to Proceed from the Local Government to conduct emergency roadway clearance work. Clearance
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Disaster Debris Clearance and Removal Services
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of these roadways will be performed as identified by the Local Government Debris Manager.
B. Debris Processing
All debris processing shall include, but not be limited to: reduction by tub grinding or chipping and/or
incineration when approved by Local Government. Prior to reduction, all debris shall be segregated
between vegetative and clean, woody debris; construction and demolition debris; white goods; recyclable
debris and household hazardous wastes. Debris collected by Contractor at right-of-way may, with written
approval of the Local Government, be hauled directly to the nearest lawfully permitted landfill, bypassing
the DMS.
C. Debris Removal from Public Property
Work consists of removal of vegetative debris, construction and demolition debris (“C & D Debris”), or
other debris from public right-of-way and other public properties. Work may consist of removal of debris
beyond the limits of public rights-of-way as necessary to abate imminent and/or significant threats to
public health and safety of the community, when directed by Local Government.
D. Right-of- Way Vegetative Debris Removal
Vegetative debris existing in the Local Government right-of-way is defined as debris resulting from a storm
or disaster which has been or will be placed along public rights-of-way, easements, Local Government
parks, alleys, and Local Government debris staging areas. This includes, but is not limited to:
Damaged and disturbed trees, tree limbs, bushes, shrubs, brush, untreated lumber and wood
products.
Uprooted trees and/or stumps, tree root balls, trunks, limbs, branches, bags of leaves, and piles of
leaves larger than a bushel basket.
Broken tree limbs on trees which measure more than two inches in diameter at the point of break.
Remains of standing trees which are damaged beyond salvage.
Work shall consist of all labor, equipment, fuel, and miscellaneous costs to pick up and transport
vegetative debris existing in the Local Government right-of-way to a Local Government approved DMS or
other designated disposal facility.
Cranes may be required for removal of large trees and stumps. Chain saw crews may be required to cut up
large trees and stumps.
Vegetative debris which is piled in immediate close proximity to the actual legal street right-of-way, and
which is accessible from the right-of-way line with loading equipment (i.e., not behind a fence or other
physical obstacle) will be deemed to be on the right-of-way, and is to be removed.
Removal of vegetative debris in Local Government rights-of-way will be performed as identified by the
Local Government Debris Manager.
E. Right-of-Way Construction and Demolition (C&D) Debris Removal
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C&D debris existing in a Local Government right-of-way is defined as debris resulting from a storm or
disaster which has been or will be placed along public rights-of-way, easements, Local Government parks,
alleys, and Local Government debris staging areas. This includes, but is not limited to:
Building materials, including wood structural members, concrete blocks, window glass, siding, and
roofing materials including shingles or metal roofing panels.
Household debris, consisting of damaged furniture and appliances, flooring materials, and the like.
Treated timber, plastic, rubber products, sheet rock, cloth items, and carpeting materials.
Metal Debris – Various thicknesses of corrugated metal and other thin sheet metal products.
Work shall consist of all labor, equipment, fuel, and miscellaneous costs to pick up and transport C&D
debris existing in Local Government rights-of-way to a Local Government approved DMS or other
designated disposal facility.
C&D debris which is piled in immediate close proximity to the actual legal street right-of-way, and which is
accessible from the right-of-way line with loading equipment (i.e., not behind a fence or other physical
obstacle) will be deemed to be on the right-of-way, and is to be removed.
Removal of C&D debris existing in Local Government rights-of-way will be performed as identified by the
Local Government Debris Manager.
F. Removal of Leaning Trees, Hanging Limbs, and Extraction of Uprooted Stumps
Work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to remove all
hazardous trees six inches (6”) or larger in diameter if the tree has 50% or more of the root-ball exposed;
hanging limbs two inches (2”) or greater at the point of break; and uprooted stumps existing in the Local
Government right-of-way.
For trees that have less than 50 % of the root-ball exposed, flush cut the tree to ground level and dispose
of the cut portion based on volume or weight.
Debris generated from the removal of hazardous trees, hanging limbs two inches (2”) or greater, and
uprooted stumps existing in Local Government rights-of-way will be transported to a Local Government
approved DMS or other designated disposal facility.
Removal and transportation of hazardous trees, hanging limbs two inches (2”) or greater, and uprooted
stumps existing in the Local Government right-of-way and private property, as well as scattered vegetative
debris on private property, will be performed as identified by the Local Government Debris Manager.
All disaster specific eligibility guidelines regarding size and diameter of leaning trees and uprooted stumps
will be communicated to the Contractor, in writing, by the Local Government Debris Manager.
Entry onto private property for the removal of vegetative hazards will only be permitted when directed by
the Local Government or its authorized representative. The Local Government will provide specific Right-
of-Entry (“ROE”) legal and operational procedures.
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G. Hazardous Stump Extraction and Removal
The Contractor shall extract and remove all stumps that have 50% or more of the root-ball exposed if the
stumps are 2 feet (24”) or larger in diameter and measure 2 feet above the ground and are determined to
be hazardous to public access as directed by Local Government Debris Manager. Stumps will be hauled to
DMS where they shall be inspected and categorized by size. Hazardous stumps less than twenty-four
inches (24”) in diameter will not be paid on a per unit extraction rate.
Backfilling of stump root-ball holes where 50% or more of the root-ball was exposed is required; Clean fill
dirt shall be compacted as directed by Local Government Debris Manager.
If grinding a stump in-place is less costly than extraction, grinding the stump in-place may be an
alternative and directed by the Local Government Debris Manager.
Areas with known or high potential for archaeological resources usually requires that FEMA further
evaluate and consult with the State Historic Preservation Officer (SHPO) or Tribal Historic Preservatio n
Officer (THPO). If the Contractor discovers any potential archeological resources during stump removal,
the Contractor must immediately cease work and notify the Local Government Debris Manager.
For stumps that have less than 50% of the root-ball exposed, flush cut the item at ground level and
dispose of the cut portion based on volume or weight. Grinding any residual stump is not eligible.
Removal of stumps smaller than 2 feet (24”) in diameter will be directed by the Local Government Debris
Manager.
H. Canal/Waterway Debris Removal
Contractor shall remove storm debris from drainage canals and ditches at direction of the Local
Government. This work could include removal of marine vessels and other vehicles. The Local
Government will seek approval by FEMA to use Public Assistance funding. If approved, efforts will be
monitored for strict compliance with federal regulations regarding eligibility for reimbursement costs. The
Local Government may direct and fund this effort independently if FEMA approval is not obtained.
Debris removal work may be done from land or the waterway based on the specific situation and in
consultation with State and Federal Officials. Typically, work will be done in the most cost effective and
logistically feasible method.
I. Demolition, Removal, & Transport of Non-Regulated Asbestos Containing Material (RACM)
(C&D) Structures
Work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to demolish eligible
structures on private property within the jurisdictional limits of the Local Government. Work may include
decommissioning, utility disconnects, and permit costs necessary to demolish a structure.
Entry onto private property for the removal of eligible Non-RACM (C&D) debris will only be permitted
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when directed by the Local Government or its authorized representative. The Local Government will
provide specific Right of Entry (ROE) legal and operational procedures. Further, debris generated from the
demolition of structures, as well as eligible scattered C&D debris on private property, will be transported
to a Local Government approved DMS or other designated disposal facility.
Contractor is required to strictly adhere to any and all local, state, and federal regulatory requirements for
the demolition of structures.
J. Demolition, Removal and Transport of RACM Structures
Work shall consist of all labor, equipment, fuel, traffic control costs, and other associated costs necessary
to decommission, demolish, and dispose of eligible RACM structures on private property within the
jurisdictional limits of the Local Government. Work will include decommissioning, utility disconnects, and
permit costs necessary to demolish a structure. Work will include ACM testing, decommissioning,
structural demolition, debris removal, and site remediation.
Entry onto private property for the removal of eligible RACM (C&D) debris will only be permitted when
directed by the Local Government or its authorized representative. The Local Government will provide
Right of Entry (ROE) operational procedures. Further, eligible debris generated from the demolition of
structures, as well as eligible scattered C&D debris on private property, will be transported to an Local
Government-approved final disposal site.
Contractor is required to strictly adhere to any and all local, state, and federal regulatory requirements for
the demolition of structures.
K. Debris Management Site (DMS): Management and Operations
Work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to manage and operate
DMS for the acceptance, management, segregation, and staging of disaster related debris. DMS layout
and ingress and egress plan must be approved by the Local Government Debris Manager.
Debris at the DMS will be clearly segregated and managed according to the separately priced collection
operations. The Local Government and/or Local Government Debris Manager reserves the right to inspect
the DMS, verify quantities, and review operations at any time.
Contractor is responsible for providing DMS traffic control, dust control, and 24-hour site security.
Contractor shall provide a tower from which the Local Government or its authorized representative can
make volumetric load calls. The tower will be provided by the Contractor and must meet the minimum
specifications described below.
Upon completion of haul-out activities, Contractor shall remediate the site to pre-disaster condition and
obtain a written release from the Local Government or its authorized representative.
The management of DMS locations includes assistance in obtaining necessary local, state, and federal
permits and operating in accordance with all local, state, and federal regulatory agencies. In addition,
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Contractor is responsible for operating the DMS in accordance with Occupational Health and Safety
Administration (“OSHA”) guidelines.
L. Debris Site Tower Specifications
The Contractor shall provide one tower at each debris management site for the use of Local Government
representatives during their inspection of dumping operations. The inspection platform of the tower shall
be constructed at a minimum height of 10’ from surrounding grade to finish floor level, have a minimum
eight feet (8’) by eight feet (8’) of usable floor area, be covered by a roof with two feet (2’) overhangs on
all sides, and be provided with appropriate railings and a stairway. Platform shall be enclosed, starting
from platform floor level and extending up four feet (4’), on all four (4) sides.
The Contractor shall provide one portable toilet at each dumpsite for the use of Local Government
representatives during their inspection of dumping operations. The portable toilet shall be provided prior
to start of any dumping operations and kept in a sanitary condition by the Contractor throughout the
duration of dumping operations.
Care shall be taken to place the towers at a sufficient distance away from any reduction operations. If
necessary, dumping operations may be temporarily suspended by the Local Government Debris Manager
due to unsuitable conditions at the tower.
M. Grinding (Reduction of Storm Generated Debris)
Work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to reduce storm
generated debris by grinding. Reduction methods are at the discretion of the Local Government Debris
Manager. Grinding must be approved by the Local Government Debris Manager prior to commencement
of reduction activities.
All un-reduced storm debris must be staged separately at the DMS.
Contractor must obtain approval to reduce C&D debris from Local Government Debris Manager. If
approved for reduction by Local Government Debris Manager, C&D debris must be reduced via grinding in
order for the Local Government to compensate the Contractor for reduction. Incineration or mauling of
C&D is not an acceptable method of C&D reduction.
N. Incineration (Reduction of Storm Generated Debris)
Work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to reduce storm
generated debris by incineration. Reduction methods are at the discretion of the Local Government
Debris Manager. Incineration must be approved by the Local Government Debris Manager prior to
commencement of reduction activities.
All un-reduced storm debris must be staged separately at the DMS.
DocuSign Envelope ID: 5FA4B1AC-B897-4C32-A1E4-4B4A8885A341DocuSign Envelope ID: E66BEF63-568B-4F97-8211-2EDDC90D1A2C
Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 29
O. Haul-Out of Reduced Debris to Final Disposal Site
Work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary to pick up and
transport reduced material existing at a Local Government approved DMS to a final disposal facility.
All un-reduced storm debris must be transported to a final disposal facility separately from reduced
debris.
P. Household Hazardous Waste Removal, Transport, and Disposal
Work shall consist of all labor, equipment, fuel, and miscellaneous costs necessary for the removal,
transportation, and disposal of Household Hazardous Waste (“HHW”).
The removal, transportation, and disposal of HHW includes obtaining all necessary local, state, and federal
handling permits and operating in accordance with all local, state, and federal regulatory agencies.
Q. Abandoned Vessel Removal
Work shall consist of the removal of abandoned vessels from Local Government Waterways. The removed
vessels will be hauled to a Local Government approved staging area for a limited timeframe and
subsequently disposed of by the appropriate regulatory agency.
R. Abandoned Vehicle Removal
Work shall consist of the removal and haul out of abandoned vehicles in areas identified and approved by
the Local Government. The removed vehicles will be hauled to a Local Government approved staging area
for a limited timeframe and subsequently disposed of by the appropriate regulatory agency.
S. Animal Carcass Removal and Disposal
Work shall consist of the removal of animal carcasses in areas identified and approved by the Local
Government. The carcasses will be hauled to a Local Government approved staging area and
subsequently disposed of by the appropriate regulatory agency.
T. Vehicle and/or Vessel Aggregation Sites
Work shall consist of all labor, equipment, fuel and miscellaneous costs associated with the operation of a
vehicle and/or vessel aggregation site.
These sites shall be fenced, lighted, and secured according to applicable state regulations. The Contractor
must be prepared to operate the sites to receive vehicles or vessels up to twenty-four hours a day and up
to seven days a week as required by the Local Government. Vehicles or vessels will be stored in a manner
to permit inspection by authorized agencies as required, or for reclamation by owners. Contractor shall
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 30
also be prepared to provide 24-hour security if security is not otherwise provided for.
Vehicles and vessels will be stored in locations identifiable by row and column number and letter and by
GPS coordinates. Location identifiers will be associated to the vehicle or vessel records in the Contractor’s
site tracking database.
U. White Goods
The Contractor(s) may expect to encounter white goods available for disposal. White goods will constitute
household appliances as defined in FEMA Public Assistance Program and Policy Guide established in April
2019. Proper disposal of Freon is required. The Contractor will handle the disposition of all white goods
encountered in accordance with applicable federal, state and local laws.
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 31
Schedule 1 – Unit Rate Price Sheet
RFP #Q19-39 Disaster Debris Clearance and Removal Services
DO NOT INCLUDE TIPPING FEES IN UNIT COST
Tipping fees should not be included in the unit price on the proposal form; however, the successful
contractor will submit invoices indicating the unit cost and the tipping fee. The successful
contractor will be paid the unit cost and the actual tipping fee. Tipping fees will not be waived.
*See Specialty Removal Section for Collect and Haul from Parks.
*For Services rendered after the initial 72-hour period
The Local Government may NOT allow the usage for all methods listed below; however, pricing
is requested in the event it is needed.
Category Field Name and Description
Estimated
Quantity
(a)
Unit
(b)
Unit Price
(c)
Line Item
Price
(a) x (c)
Vegetative
Collect
and Haul
0-15 Miles Veg from ROW to DMS or final disposal
Vegetative collect and removal for a haul distance up
to 15 miles
1 CY
16-30 Miles Veg from ROW to DMS or final disposal
Vegetative collect and removal for a haul distance up
between 16 and 30 miles
1 CY
31-60 Miles Veg from ROW to DMS or final disposal
Vegetative collect and removal for a haul distance
between 31 and 60 miles
1 CY
60+ Miles Veg from ROW to DMS or final disposal
Vegetative collect and removal for a haul distance
greater than 60 miles
1 CY
Single Price Veg from ROW to DMS or final disposal
A single price vegetative collect and removal for any
haul distance
1 CY
Management
and
Reduction
Grinding
Grinding/chipping vegetative debris 1 CY
Grinding
Grinding/chipping C&D debris 1 CY
Air Curtain Burning
Air Curtain Burning vegetative debris 1 CY
Open Burning
Open Burning vegetative debris 1 CY
Debris Management Site Management
Preparation, management, and segregating at
debris management site, build tower, return DMS
to pre-disaster condition.
1 CY
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 32
Schedule 1 – Unit Rate Price Sheet - Continued - Page 2 of 5
*See Specialty Removal Section for Collect and Haul from Parks.
*For Services rendered after the initial 72 hour period
The Local Government may NOT allow the usage for all methods listed below; however, pricing
is requested in the event it is needed.
Category Field Name and Description
Estimated
Quantity
(a)
Unit
(b)
Unit Price
(c)
Line Item
Price
(a) x (c)
C & D
Collect and
Haul
0 – 15 Miles C&D from ROW to DMS or final disposal
C&D collect and removal for a haul up to 15 miles 1 CY
16 – 30 Mile C&D from ROW to DMS or final disposal
C&D collect and removal for a haul distance between
16 and 30 miles
1 CY
31–60 Miles C&D from ROW to DMS or final disposal
C&D collect and removal for a haul distance between
31 and 60 miles
1 CY
60+ Miles C&D from ROW to DMS or final disposal
C&D collect and removal for a haul distance greater
than 60 miles
1 CY
Single Price C&D from ROW to DMS or final disposal
A single price C&D collect and removal for any haul
distance
1 CY
Final
Disposal
from DMS
0 – 15 Miles from DMS to Final Disposal
Transport processed debris from DMS to final
disposal 0 – 15 miles
1 CY
16 - 30 Miles from DMS to Final Disposal
Transport processed debris from DMS to final
disposal 16 – 30 miles
1 CY
31 - 60 Miles from DMS to Final Disposal
Transport processed debris from DMS to final
disposal 31 –60 miles
1 CY
60+ Miles from DMS to Final Disposal
Transport processed debris from DMS to final
disposal 60+ miles
1 CY
Single Price from DMS to Final Disposal
A single price transport of processed debris from
DMS to final disposal
1 CY
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 33
Schedule 1 – Unit Rate Price Sheet – Continued - Page 3 of 5
All debris generated by these tree operations will be placed on the ROW and removed and paid per unit prices
for vegetative debris removal in Schedule 1.
*** Refer to the Federal Emergency Management Agency (“FEMA”) Public Assistance Policy and Guidance,
latest version
*For Services rendered after the initial 72 hour period
The Local Government may NOT allow the usage for all methods listed below; however, pricing
is requested in the event it is needed.
Category Field Name and Description
Estimated
Quantity
(a)
Unit
(b)
Unit Price
(c)
Line Item
Price
(a) x (c)
Tree
Operations
Hazardous Trees 6” – 12.99”
Hazardous tree removal for a 6 – 12.99” inch
trunk diameter
1 TREE
Hazardous Trees 13” – 24.99”
Hazardous tree removal for a 13 – 24.99 inch
trunk diameter
1 TREE
Hazardous Trees 25” – 36.99”
Hazardous tree removal for a 25 - 36.99 inch
trunk diameter
1 TREE
Hazardous Trees 37” – 48.99”
Hazardous tree removal for a 37 – 48.99 inch
trunk diameter
1 TREE
Hazardous Trees 49”+
Hazardous tree removal for a 49+ inch trunk
diameter
1 TREE
Trees with Hazardous Limbs 2” in diameter or
greater at point of break
Hazardous hanging limb removal
1 TREE
***Hazardous Stumps <24” for Removal only
(no extraction allowed) based on a 12” Stump 1 CY
Hazardous Stumps >24” – 36.99”
Hazardous stump extraction and removal
for a 24 – 36.99 inch stump diameter
1 STUMP
Hazardous Stumps >37” – 48.99”
Hazardous stump extraction and removal for a 37
– 48.99 inch stump diameter
1 STUMP
Hazardous Stumps >49”+
Hazardous stump extraction and removal
for a 49+ inch stump diameter
1 STUMP
Stump Fill Dirt
Fill dirt for stump holes after removal 100 CY
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 34
Schedule 1 – Unit Rate Price Sheet – Continued - Page 4 of 5
*For Services rendered after the initial 72 hour period
The Local Government may NOT allow the usage for all methods listed below; however, pricing
is requested in the event it is needed.
Category Field Name and Description
Estimated
Quantity
(a)
Unit
(b)
Unit Price
(c)
Line Item
Price
(a) x (c)
Specialty
Removal
Waterway Debris Removal (Land Based)
Debris Removal from canals, rivers, creeks,
streams, and ditches
1 CY
Waterway Debris Removal (Marine Based)
Debris Removal from canals, rivers, creeks,
streams, and ditches
1 CY
Sand Collection and Screening
Pick up, screen, and return debris laden
sand/mud/dirt/rock
1 CY
Vehicle Removal
Removal of eligible vehicle 1 UNIT
Vessel Removal (Land)
Removal of eligible vessel 1 LF
Vessel Removal (Marine)
Removal of eligible vessel from waterway 1 LF
Carcass Removal
Removal of debris that will decompose
(animals and organic fleshy matter)
1 POUND
ROW White Goods Removal
Pick up and haul of white goods to disposal site 1 UNIT
Freon Management
Freon management and recycling 1 UNIT
Demolition of Private Structure (C&D) 125 CY
Demolition of Private Structure (RACM) 125 TON
Electronic Waste
Removal of electronic debris that contain hazardous
materials, such as cathode ray tubes. Includes
computers monitors and televisions.
1 POUND
Putrescent Removal
Removal of debris that will decompose or rot
(animals and organic fleshy matter)
1 POUND
Bio-waste
Removal of waste capable of causing infection to
humans (animal waste, human blood, pathological
waste).
1 POUND
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 35
Household Hazardous Waste (HHW)
HHW removal and disposal 1 POUND
Vegetative Collect and Haul from Parks
A single price vegetative collect and removal for any
haul distance from parks
1 CY
C&D Collect and Haul from Parks
A single price C&D collect and removal for any haul
distance from parks
1 CY
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 36
Schedule 2 – Hourly Equipment and Labor Price Schedule
**** For services rendered during the first seventy (72) hours. ****
The first seventy (70) hours of service under this contract shall be for emergency road clearance only.
The hourly equipment rate provided below shall include the cost of labor for the operator.
Hourly line items should be priced on one unit for one-hour operation.
Equipment Type Hourly Equipment Rate
Bobcat Loader
Bucket Truck w/Operator
Crane
Crash Truck w/Impact Attenuator
Dozer, Tracked, D5 or similar
Dozer, Tracked, D6 or similar
Dozer, Tracked, D7 or similar
Dozer, Tracked, D8 or similar
Dump Truck, 18 CY-20 CY
Dump Truck, 21 CY-30 CY
Generator and Lighting
Grader w/12’ Blade
Hydraulic Excavator, 1.5 CY
Hydraulic Excavator, 2.5 CY
Knuckleboom Loader
Lowboy Trailer w/Tractor
Mobile Crane (Adequate for hanging limbs/leaning trees)
Pickup Truck, .5 Ton
Truck, Flatbed
Water Truck
Wheel Loader, 2.5 CY, 950 or similar
Wheel Loader, 3.5 – 4.0 CY, 966 or similar
Wheel Loader, 4.5 CY, 980 or similar
Wheel Loader-Backhoe, 1.0 – 1.5 CY
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 37
Current Orange County Solid Waste Management Department Fees
(919) 968-2788
www.orangecountync.gov/recycling
Tipping fees will NOT be waived.
LANDFILL (*state disposal tax fee @ $2.00 per ton will be additional to the tonnage fees below*)
Construction and Demolition Waste
Per ton (1-ton minimum charge)
Pick-up Truck / Van / Trailer Load*
Car load
Debris resulting solely from construction,
remodeling, repair, or demolition. Inert debris
including brick, block, and uncontaminated
soils.
$ 40.00
$ 22.00
$ 5.00
Stumps and Landclearing Waste
Per ton (1-ton minimum charge)
$ 40.00
Mobile homes
Call ahead for an appointment.
Per section or single wide
Remove all furniture and personal items, and
drain all fluids prior to delivery. Appliances
and thermostats must be removed and can
be recycled separately at the Orange County
Landfill.
$ 200.00
Mattresses and Box Springs-
Residential
Businesses
Dry, clean and intact mattresses and box
springs will be recycled.
No charge
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 38
$10.00 per piece
Vegetative (Yard) Waste
Per ton (1-ton minimum charge)
Pick-up Truck / Van / Trailer Load*
Car load
Will be ground into mulch.
$ 20.00
$ 8.00
$ 3.00
Clean Wood Waste
Per ton (1-ton minimum charge)
Pick-up Truck / Van / Trailer Load
Car load
Will be ground for boiler fuel.
$ 20.00
$ 8.00
$ 3.00
Corrugated Cardboard No charge
Oyster Shells No charge
Electronics No charge
Tires (any size)
Residential/commercial tires
Stockpiled tires/ No State certification
No charge
$100.00/ton
Large Appliances (White Goods) Commercial size appliances must have
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 39
refrigerant removed prior to disposal.
No charge
Scrap Metal
Separated, clean loads of scrap metal.
No charge
All loads must be TARPED
C&D waste loads containing Regulated Recyclable Materials (i.e. corrugated cardboard, clean wood,
and scrap metal), are subject to a penalty fee. More than 1/3 cubic yard of banned materials per
load will be subject to double tip fee. Loads with 50% or more of these banned materials may pay
an additional fee of up to $500. The Orange County Solid Waste Management Department offers
reduced tip fees for these materials if they are separated for recycling prior to delivery to the
Orange County Landfill.
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 40
Non-Collusion Affidavit
Proposal Request No.XXXXX
State of North Carolina
Orange County
_________________________________________(name of individual), being first duly sworn, deposes and says that:
1. He/She is the ___________________________ (title) of __________________________________ (company
name), the proposer that has submitted the attached proposal;
2. He/She is fully informed respecting the preparation and contents of the attached proposal and of all pertinent
circumstances respecting such proposal;
3. Such proposal is genuine and is not a collusive or sham proposal;
4. Neither the said proposer nor any of its officers, partners, owners, agents, representatives, employees or parties in
interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indi rectly, with
any other proposer firm or Person to submit a collusive or sham proposal in connection with the contract for
which the attached proposal has been submitted or to refrain from proposing in connection with such contract, or
has in any manner, directly or indirectly sought by agreement or collusion of communication or conference with
any other proposer, firm or person to fix the price or prices in the attached proposal or of any other proposers, or
to fix any overhead, profit or cost element of th e proposal price of the proposal of any other proposer or to secure
through collusion, conspiracy, connivance or unlawful agreement any advantage against the Town or any person
interested in the proposed contract; and
5. The price or prices quoted in the attached proposal are fair and proper and are not tainted by any collusion,
conspiracy, connivance or unlawful agreement on the part of the proposer or any of its agents, representatives,
owners, employees, or parties in interest, including this affiant.
__________________________________
Signature
Seal
___________________________________ if
Title Corporation
Date: ______________________________
This form must be notarized
SUBSCRIBED AND SWORN TO BEFORE ME,
This ______ day of ___________________, 2019
Notary Public _____________________________
My Commission Expires: ____________________
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 41
Certification Regarding Lobbying
“Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352 (as amended)
This certification requirement applies to all FEMA grant and cooperative agreement programs. Contractors that apply
or bid for an award of $100,000 or more shall file the required certification required by 49 CFR Part 20, “New
Restrictions on Lobbying.” Each tier certifies to the tier above that it will not and has not used federally appropriated
funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose the
name of any registrant under the Lobby Disclosure Act of 1995 who has made lobbying contacts on its behalf with non-
federal funds with respect to that federal contract, grant or award covered by 31 U.S.C. 1352. Such disclosures are
forwarded from tier to tier up to the recipient.
The offeror, by signing its offer, hereby certifies, to the best of his or her knowledge and belief that:
1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person
for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an
officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of
any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal
contract, grant, loan, or cooperative agreement.
2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing
or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee
of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, “Disclosure Form to
Report Lobbying,” in accordance with its instructions.
3. The undersigned shall require that the language of this certification be included in the award documents for all
sub awards at all tiers (including subcontracts, sub grants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed when this transaction was made or
entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31,
U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required
certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
The Contractor, ____________________________________________________, certifies or affirms the truthfulness and
accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees
that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any.
____________________________________ _____________________________________________
Signature of Contractor’s Authorized Official Printed Name and Title of Contractor’s Authorized Official
Date: _______________________________
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 42
Proposer’s Bid Certification Form
To Whom It May Concern:
I have carefully examined the Request for Proposal and any other documents accompanying or make a part of this
Request for Proposal.
I hereby propose to perform the following Services as specified in this Request for Proposal No. Q19-39 at the rates
described on SCHEDULE 1 – UNIT RATE PRICE SCHEDULE and SCHEDULE 2 – HOURLY EQUIPMENT AND LABOR PRICE
SCHEDULE.
I certify that all information contained in this proposal is truthful to the best of my knowledge and belief. I further
certify that I am duly authorized to submit this proposal on behalf of the company as its act and deed and that the
company is ready, willing and able to perform if awarded the contract.
I further certify, under oath, that this proposal is made without prior understanding, agreement, connection,
discussion, or collusion with any other person, firm or corporation submitting a proposal for the same product or
service; no officer employee or agent of the Town or any other proposer is interested in said proposal; and that the
undersigned executed this Proposer’s Certification with full knowledge and understanding of the matters therein
contained and was duly authorized to do so.
This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The Contractor will
comply with all applicable federal laws regulations, executive orders, and the latest version of FEMA policies,
procedures, and directives.
It is distinctly understood that the Town reserves the right to reject any or all proposals.
_________________________________ Federal Tax ID: ______________________
Company Name
Phone: _____________________________
_________________________________
Authorized Signature Fax: _______________________________
_________________________________ Email: _____________________________
Printed or Typed Name and Title
NOTARIZE
_________________________________ Subscribed and sworn to before me this ______
Mailing Address day of__________________, 2019
_________________________________ Notary Public________________________________
City/State/Zip Code
My Commission expires: _______________________
(SEAL, if Corporation)
DocuSign Envelope ID: 5FA4B1AC-B897-4C32-A1E4-4B4A8885A341DocuSign Envelope ID: E66BEF63-568B-4F97-8211-2EDDC90D1A2C
Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 43
Certification Regarding Debarment and Suspension
The Use of any Contractor that has been declared debarred by the office of Federal Contract Compliance Programs
(OFCCP) is prohibited. Further the use of subcontractor(s) that has been declared debarred by OFCCP is prohibited. A
complete list of federally disbarred contractors can be found at www.sam.gov. It is the sole responsibility of the
Contractor to ensure that subcontractor(s) are in good standing with the OFCCP and not on the disbarment list.
The undersigned applicant certifies to the best of his or her knowledge and belief, that he applicant and its principals:
(a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded
from covered transactions by any Federal Department or agency;
(b) have not within a 3-year period preceding this proposal been convicted of or had a valid judgment rendered
against them for commission of fraud or a criminal offense in connection with obtaining, attempting to
obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction;
violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen property;
(c) are not presently indicted or otherwise criminally or civilly charged by a governmental entitle (Federal,
State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and
(d) have not within a 3-year period preceding this application/proposal had one or more public transactions
(Federal, State, or local) terminated for cause or default.
Should the applicant not be able to provide this certification, an explanation as to why should be placed after the
assurances page in the application package.
The applicant agrees by submitting the proposal that it will include, without modification, the clause titled “Certification
Regarding Debarment, Suspension, in eligibility, and Voluntary Exclusion-Lower Tier Covered Transactions” in all
lower tier covered transactions (i.e., transactions with sub-grantees and/or contractors) and in all solicitations for lower
tier covered transactions.
______________________________ (Seal if Corporation )
Signature
______________________________
Title
Date: _________________________
NOTARIZE
SUBSCRIBED AND SWORN TO BEFORE ME,
This ______ day of ________________________, 2019
NOTARY PUBLIC ____________________________
My Commission Expires: ________________________
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 44
Appendix A-Sample Contracts
TOWN OF CARRBORO-SAMPLE CONTRACT
The awarded Contractor will be required to enter into a contract issued by the Town. Any exceptions
to the terms of this Agreement or additional terms must be included as requested in “6.0 Proposal
Requirements” Section 12.
FEDERAL FUNDS STANDARD SERVICE CONTRACT
NORTH CAROLINA SERVICE CONTRACT
TOWN OF CARRBORO
THIS CONTRACT is made, and entered into by and between the TOWN of CARRBORO, a
political subdivision of the State of North Carolina, (hereinafter referred to as “TOWN”, party of the first part
and _____________________, (hereinafter referred to as “CONTRACTOR”), party of the second part.
1. SERVICES TO BE PROVIDED
CONTRACTOR hereby agrees to provide services and/or materials under this contract (hereinafter
referred to collectively as “SERVICES” for ____ {Insert Name of Project}_______ pursuant to the
provisions and specifications identified in “Attachment 1”.
2. TERM OF CONTRACT
The term of this CONTRACT for services and supplies is from __________ to _____________.
3. PAYMENT TO CONTRACTOR
CONTRACTOR shall receive from TOWN an amount not to exceed $XXXXX. Unless otherwise
specified, CONTRACTOR shall submit a monthly itemized invoice to __________________ at the
______________Department of the Town of Carrboro, NC 27510. Payment will be processed within 30 days
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Disaster Debris Clearance and Removal Services
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July 29, 2019 Page 45
upon receipt and approval of the invoice by TOWN. (Note: For contracts of short duration, e.g. less than 3
months, monthly invoices should be avoided, and only provide for payment after satisfactory completion of
the project.)
4. INDEPENDENT CONTRACTOR
TOWN and CONTRACTOR agree that CONTRACTOR is an independent contractor and shall not
represent itself as an agent or employee of TOWN for any purpose in the performance of CONTRACTOR’S
duties under this contract. Accordingly, CONTRACTOR shall be responsible for payment of all federal,
state and local taxes as well as business license fees arising out of CONTRACTOR’S activities in
accordance with this contract. For purposes of this contract taxes shall include, but not be limited to, Federal
and State Income, Social Security and Unemployment Insurance taxes.
CONTRACTOR, as an independent contractor, shall perform said services in a professional manner and
in accordance with the standards of applicable professional organizations and licensing agencies.
5. INSURANCE AND INDEMNITY
To the fullest extent permitted by laws and regulations, the CONTRACTOR shall indemnify and
hold harmless the TOWN and its officials, agents, and employees from and against all claims, damages,
losses, and expenses, direct, indirect, or consequential (including but not limited to fees and charges of
engineers or architects, attorneys, and other professionals and costs related to court action or arbitration)
arising out of or resulting from the performance of this Contract or the actions of the CONTRACTOR or its
officials, employees, or contractors under this Contract or under the contracts entered into by the
CONTRACTOR in connection with this Contract. This indemnification shall survive the termination of this
agreement.
In addition, CONTRACTOR shall comply with the North Carolina Workers’ Compensation Act and
shall provide for the payment of workers’ compensation to its employees in the manner and to the extent
required by such Act. CONTRACTOR shall supply TOWN with certification of insurance for workers’
compensation coverage with North Carolina statutory limits.
CONTRACTOR shall maintain, at its expense, the following minimum insurance coverage:
General Liability with Combined Single Limit Bodily Injury and Property Damage not less than
$1,000,000 and Products and Completed Operations Liability not less than $1,000,000.
CONTRACTOR agrees to furnish TOWN a certificate of insurance from an insurance company,
licensed to do business in the State of North Carolina and acceptable to TOWN verifying the existence of any
insurance coverage required by TOWN. The certificate will provide for thirty (30) days advance notice in the
event of termination or cancellation of coverage.
6. HEALTH AND SAFETY
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 46
CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions
and programs required by OSHA and all other regulatory agencies while providing services under this
contract.
7. NON-DISCRIMINATION IN EMPLOYMENT
CONTRACTOR shall not discriminate against any employee or applicant for employment because of
age, sex, race, creed, national origin, disability or on the basis of sexual orientation or gender
expression/identity. CONTRACTOR shall take affirmative action to ensure that applicants are employed and
that employees are treated fairly and legally during employment with regard to their age, sex, race, creed,
national origin, disability or on the basis of sexual orientation or gender expression/identity. In the event
CONTRACTOR is determined by the final order of an appropriate agency or court to be in violation of any
non-discrimination provision of federal, state or local law or this provision, this Contract may be canceled,
terminated or suspended in whole or in part by TOWN, and CONTRACTOR may be declared ineligible for
further TOWN contracts.
8. GOVERNING LAW
This contract shall be governed by and in accordance with the laws of the State of North Carolina. All
actions relating in any way to this contract shall be brought in the General Court of Justice in the County of
Orange and the State of North Carolina.
9. AMENDMENT
This contract may be amended only in writing by mutual agreement by both parties.
10. TERMINATION OF AGREEMENT
This contract may be terminated at any time by either party by written notice of a minimum of ninety (90)
days.
This contract may be terminated, for cause, by the non-breaching party notifying the breaching party
of a substantial failure to perform in accordance with the provisions of this contract and if the failure is not
corrected within ten (10) days of the receipt of the notification. Upon such termination, the parties shall be
entitled to such additional rights and remedies as may be allowed by relevant law.
Termination of this agreement, either with or without cause, shall not form the basis of any claim for
loss of anticipated profits by either party.
11. SUCCESSORS AND ASSIGNS
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Disaster Debris Clearance and Removal Services
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July 29, 2019 Page 47
CONTRACTOR shall not assign its interest in this contract without the written consent of TOWN.
CONTRACTOR has no authority to enter into contracts on behalf of TOWN.
12. COMPLIANCE WITH LAWS
CONTRACTOR represents that it is in compliance with all Federal, State, and local laws, regulations
or orders, as amended or supplemented. The implementation or this contract will be carried out in strict
compliance with all Federal, State, or local laws regarding discrimination in employment.
13. NOTICES
All notices which may be required by this contract or any rule of law shall be effective when received
by certified mail sent to the following addresses:
TOWN OF CARRBORO
FINANCE OFFICER
301 WEST MAIN STREET
CARRBORO, NORTH CAROLINA, 27510
14. AUDIT RIGHTS
For all services being provided under this contract, TOWN shall have the right to inspect, examine,
and make copies of any and all books, accounts, invoices, records and other writings relating to the
performance of said services. Audits shall take place at times and locations mutually agreed upon by both
parties, although CONTRACTOR must make the materials to be audited available within one (1) week of
the request for them.
15. TOWN NOT RESPONSIBLE FOR EXPENSES
TOWN shall not be liable to CONTRACTOR for any expenses paid or incurred by
CONTRACTOR prior to the commencement date of contract, unless otherwise agreed in writing.
16. ENTIRE AGREEMENT
This Agreement and the attached document labeled “Attachment 1” shall constitute the entire
understanding between TOWN and CONTRACTOR and shall supersede all prior understandings and
agreements relating to the subject matter hereof and may be amended only by written mutual agreement of the
parties.
17. HEADINGS.
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Disaster Debris Clearance and Removal Services
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July 29, 2019 Page 48
The subject headings of the paragraphs are included for purposes of convenience only and shall not
affect the construction or interpretation of any of its provisions.
18. E-VERIFY
The CONTRACTOR shall comply with the requirements of Article 2 of Chapter 64 of the North
Carolina General Statutes. CONTRACTOR shall require subcontractors to comply with the
requirements of Article 2, Chapter 64 of the North Carolina General Statutes.
19. IRAN DIVESTMENT ACT CERTIFICATION
Contractor hereby certifies that Contractor, and all subcontractors, are not on the Iran Final
Divestment List (“List”) created by the North Carolina State Treasurer pursuant to N.C.G.S. 147-
86.58. Contractor shall not utilize any subcontractor that is identified on the List.
20. DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL
Contractor certifies that Contractor has not been designated by the North Carolina State Treasurer as a
company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81. It is the responsibility of each
contractor to monitor compliance with this restriction. Contracts valued at less than $1,000.00 are exempt
from this restriction.
21. FEDERAL FUNDS PROVISIONS
The ____ (Insert Name of Project} _____ project will be paid for, in part, by Federal funds. Therefore, pursuant
to 2 C.F.R. 200.326 and 200 C.F.R. Part 200 Appendix 2, the following Federal provisions apply, or may apply:
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);
Procurement of Recovered materials (2 C.F.R. 200.322); and Record retention Requirements (2 C.F.R. 200.324).
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 49
The CONTRACTOR hereby agrees that each clause of this CONTRACT has been read and fully
understands the meaning of the same and will comply with all of its terms.
TOWN OF CARRBORO CONTRACTOR
_______________________________ ______________________________
Title: Date Title: Date
ATTEST ATTEST
_______________________________ ______________________________
Title: Title:
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
________________________________________
Finance Officer
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
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TOWN OF CHAPEL HILL-SAMPLE CONTRACT
The awarded Contractor will be required to enter into a contract issued by the Town. Any exceptions
to the terms of this Agreement or additional terms must be included as requested in “6.0 Proposal
Requirements” Section 12.
STATE OF NORTH CAROLINA CONTRACT FOR
COUNTY OF ORANGE {DESCRIPTION OF SERVICES TO BE
PROVIDED UNDER THIS CONTRACT}
This Contract is made and entered into by and between the “Town of Chapel Hill”, herein “Town”, and
“{Contractor’s Full Legal Name}”, herein “Contractor”, for services hereinafter described for the Town of
Chapel Hill. This Contract is for {Description of Services to be Provided Under This Contract}.
WITNESSETH
That for and in consideration of the mutual promises and conditions set forth below, the Town and Contractor
agree:
1. Duties of the Contractor: The Contractor agrees to perform those duties described in Exhibit A
attached hereto and incorporated herein by reference.
2. Duties of the Town: The Town shall pay for the Contractor’s services as set forth in Exhibit A.
3. Fee Schedule and Maximum Sum: Contract amount is not to exceed {insert a not to exceed amount}.
Payment shall be made according to Exhibit A.
4. Federal Assistance. This Contract is funded, in whole or in part, by federal assistance. Accordingly,
the federal provisions contained in Exhibit B apply, as applicable.
5. Billing and Payment: The Contractor shall submit a bill to the Town for work performed under the
terms of this Contract. The Contractor shall bill and the Town shall pay the rates set forth therein.
Payment will be made by the Town within thirty (30) days of receipt of an accurate invoice, approved
by the contact person or his/her designee.
6. Indemnification and Hold Harmless: The Contractor agrees to indemnify and hold harmless the Town
of Chapel Hill and its officers, agents and employees from all loss, liability, claims or expense
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 51
(including reasonable attorneys’ fees) arising from bodily injury, including death or property damage
to any person or persons caused in whole or in part by the negligence or willful misconduct of the
Contractor except to the extent same are caused by the negligence or misconduct of the Town.
7. Insurance Provisions: The Town requires evidence of Contractor’s current valid insurance (if
applicable) in the amounts stated below during the duration of the named project and fur ther requires
that the Town be named as an additional insured for Comprehensive General Liability and Business
Automobile policies. The required coverage limits are: 1) Comprehensive General Liability and
Business Automobile - $1,000,000 per occurrence and 2) Workers’ Compensation - $100,000 for both
employer’s liability and bodily injury by disease for each employee and $500,000 for the disease
policy limit.
8. Non-Discrimination: The Contractor contractually agrees to administer all functions pursuant to this
Contract without discrimination because of race, creed, sex, national origin, age, economic status,
sexual orientation, gender identity or gender expression.
9. Federal and State Legal Compliance: The Contractor must be in full compliance with all applicable
federal and state laws, including those on immigration.
10. E-Verify: The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North
Carolina General Statutes. Further, should Contractor utilize a subcontractor(s), Contractor shall
require the subcontractor(s) to comply with the requirements of Article 2, Chapter 64 of the General
Statutes. Pursuant to North Carolina General Statute § 143-133.3 (c)(2), contracts solely for the
purchase of apparatus, supplies, materials, and equipment are exempt from this E-Verify provision.
11. Amendment: This Contract may be amended in writing by mutual agreement of the Town and
Contractor.
12. Termination: Except as may be set forth for certain described contracts in Exhibit B, either party may
terminate this Contract at any time by giving the other party thirty (30) days written notice of
termination prior to the end of the term as described herein.
13. Interpretation/Venue: This Contract shall be construed and enforced under the laws of North Carolina.
The courts and the authorities of the State of North Carolina shall have exclusive jurisdiction over all
controversies between the parties which may arise under or in relation to this Contract. In the event of
any dispute between the parties, venue is properly laid in Orange County, North Carolina for any state
court action and in the Middle District of North Carolina for any federal court action. Contrary to any
provision that may be contained in any exhibit attached hereto the Town shall not consent to 1)
resolving any dispute by means of arbitration and/or 2) waiver of a trial by jury.
14. Preference: In the event that the terms of any exhibit attached hereto are not consistent with the terms
of this Contract, this Contract shall have preference; provided that where either any exhibit attached
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 52
hereto or this Contract establishes higher standards for performance by either party, the higher
standard, wherever located, shall apply.
15. Severability: The parties intend and agree that if any provision of this Contract or any portion thereof
shall be held to be void or otherwise unenforceable, all other portions of this Contract shall remain in
full force and effect.
16. Assignment: This Contract shall not be assigned without the prior written consent of the parties.
17. Entire Agreement: This Contract shall constitute the entire agreement of the parties and no other
warranties, inducements, considerations, promises, or interpretations shall be implied or impressed
upon this Contract that are not expressly addressed herein. All prior agre ements, understandings and
discussions are hereby superseded by this Contract.
18. Construction Project Related Sales Tax: If applicable, the Contractor shall furnish the Town certified
statements setting forth, the cost of all materials purchased from each vendor and the amount of North
Carolina sales and use taxes paid thereon. In the event the Contractor makes several purchases from the
same vendor, the Contractor’s certified statement shall indicate the invoice number, the inclusive dates
of the invoices, the total amount of the invoices, and the North Carolina sales and use taxes paid
thereon. The Contractor’s certified statement shall also include the cost of any tangible personal
property withdrawn from the Contractor’s warehouse stock and the amount of North Carolina sales or
use tax paid thereon by the Contractor. The Contractor shall furnish such additional information as the
Commissioner of Revenue of the State of North Carolina may require to substantiate a refund claim by
the Town for sales or use taxes. The Contractor shall obtain and furnish to the Town similar certified
statements by the subcontractors. The certified statements to be furnished shall be in the form of the
standard CONTRACTOR’S SALES TAX REPORT and shall be submitted with each request for
payment. The Town will not make payment to the Contractor until the CONTRACTOR’S SALES
TAX REPORTS ARE SUBMITTED. Any and all refunds received by the Town of said taxes shall
remain with the Town, and the Contractor shall not be entitled to such refund.
19. Term: This Contract, unless amended as provided herein, shall be in effect until
{_______________________ ______}, 20{____}.
[SIGNATURES ON FOLLOWING PAGE.]
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 53
This Contract is between the Town of Chapel Hill and {Contractor’s Full Legal Name} for {Description of
Services to be Provided Under This Contract}.
IN WITNESS WHEREOF, the parties hereto cause this agreement to be executed in their respective names.
{CONTRACTOR’S FULL LEGAL NAME}
_______________________________ ___________________________________
SIGNATURE PRINTED NAME & TITLE
_______________________________ ___________________________________
WITNESS PRINTED NAME & TITLE
TOWN OF CHAPEL HILL
________________________________________________
DEPARTMENT HEAD OR DEPUTY/TOWN MANAGER
________________________________________________
PRINTED NAME & DEPARTMENT
ATTEST BY TOWN CLERK:
____________________________
TOWN CLERK TOWN SEAL
Town Clerk attests date this the ______day of ___________, 20____.
Approved as to Form and Authorization
______________________________
TOWN LEGAL STAFF
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
_________________________________ ___________________________________
FINANCE OFFICER DATE
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 54
EXHIBIT A
This Exhibit will include the submitted proposal and this RFP as an attachment, incorporating requirements
by reference.
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 55
DocuSign Envelope ID: 5FA4B1AC-B897-4C32-A1E4-4B4A8885A341DocuSign Envelope ID: E66BEF63-568B-4F97-8211-2EDDC90D1A2C
Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 56
DocuSign Envelope ID: 5FA4B1AC-B897-4C32-A1E4-4B4A8885A341DocuSign Envelope ID: E66BEF63-568B-4F97-8211-2EDDC90D1A2C
Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 57
DocuSign Envelope ID: 5FA4B1AC-B897-4C32-A1E4-4B4A8885A341DocuSign Envelope ID: E66BEF63-568B-4F97-8211-2EDDC90D1A2C
Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 58
TOWN OF HILLSBOROUGH-SAMPLE CONTRACT
The awarded Contractor will be required to enter into a contract issued by the Town. Any exceptions
to the terms of this Agreement or additional terms must be included as requested in “6.0 Proposal
Requirements” Section 12.
STATE OF NORTH CAROLINA CONTRACT FOR
COUNTY OF ORANGE {DESCRIPTION OF SERVICES TO BE
PROVIDED UNDER THIS CONTRACT}
This Contract is made and entered into by and between the “Town of Hillsborough”, herein “Town”, and
“{Contractor’s Full Legal Name}”, herein “Contractor”, for services hereinafter described for the Town of
Hillsborough. This Contract is for {Description of Services to be Provided Under This Contract}.
WITNESSETH
That for and in consideration of the mutual promises and conditions set forth below, the Town and Contractor
agree:
1. Duties of the Contractor: The Contractor agrees to perform those duties described in Exhibit A
attached hereto and incorporated herein by reference.
2. Duties of the Town: The Town shall pay for the Contractor’s services as set forth in Exhibit A.
3. Fee Schedule and Maximum Sum: Contract amount is not to exceed {insert a not to exceed amount}.
Payment shall be made according to Exhibit A.
4. Federal Assistance. This Contract is funded, in whole or in part, by federal assistance. Accordingly,
the federal provisions contained in Exhibit B apply, as applicable.
5. Billing and Payment: The Contractor shall submit a bill to the Town for work performed under the
terms of this Contract. The Contractor shall bill and the Town shall pay the rates set forth therein.
Payment will be made by the Town within thirty (30) days of receipt of an accurate invoice, approved
by the contact person or his/her designee.
6. Indemnification and Hold Harmless: The Contractor agrees to indemnify and hold harmless the Town
of Hillsborough and its officers, agents and employees from all loss, liability, claims or expense
(including reasonable attorneys’ fees) arising from bodily injury, including death or property damage
to any person or persons caused in whole or in part by the negligence or willful misconduct of the
Contractor except to the extent same are caused by the negligence or misconduct of the Town.
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 59
7. Insurance Provisions: The Town requires evidence of Contractor’s current valid insurance (if
applicable) in the amounts stated below during the duration of the named project and further requires
that the Town be named as an additional insured for Comprehensive General Liability and Business
Automobile policies. The required coverage limits are: 1) Comprehensive General Liability and
Business Automobile - $1,000,000 per occurrence and 2) Workers’ Compensation - $100,000 for both
employer’s liability and bodily injury by disease for each employee and $500,000 for the disease
policy limit.
8. Non-Discrimination: The Contractor contractually agrees to administer all functions pursuant to this
Contract without discrimination because of race, creed, sex, national origin, age, economic status,
sexual orientation, gender identity or gender expression.
9. Federal and State Legal Compliance: The Contractor must be in full compliance with all applicable
federal and state laws, including those on immigration.
10. E-Verify: The Contractor shall comply with the requirements of Article 2 of Chapter 64 of the North
Carolina General Statutes. Further, should Contractor utilize a subcontractor(s), Contractor shall
require the subcontractor(s) to comply with the requirements of Article 2, Chapter 64 of the General
Statutes. Pursuant to North Carolina General Statute § 143-133.3 (c)(2), contracts solely for the
purchase of apparatus, supplies, materials, and equipment are exempt from this E-Verify provision.
11. Amendment: This Contract may be amended in writing by mutual agreement of the Town and
Contractor.
12. Termination: Except as may be set forth for certain described contracts in Exhibit B, either party may
terminate this Contract at any time by giving the other party thirty (30) days written notice of
termination prior to the end of the term as described herein.
13. Interpretation/Venue: This Contract shall be construed and enforced under the laws of North Carolina.
The courts and the authorities of the State of North Carolina shall have exclusive jurisdiction over all
controversies between the parties which may arise under or in relation to this Contract. In the event of
any dispute between the parties, venue is properly laid in Orange County, North Carolina for any state
court action and in the Middle District of North Carolina for any federal court action. Contrary to any
provision that may be contained in any exhibit attached hereto the Town shall not consent to 1)
resolving any dispute by means of arbitration and/or 2) waiver of a trial by jury.
14. Preference: In the event that the terms of any exhibit attached hereto are not consistent with the terms
of this Contract, this Contract shall have preference; provided that where either any exhibit attached
hereto or this Contract establishes higher standards for performance by either party, the higher
standard, wherever located, shall apply.
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 60
15. Severability: The parties intend and agree that if any provision of this Contract or any portion thereof
shall be held to be void or otherwise unenforceable, all other portions of this Contract shall remain in
full force and effect.
16. Assignment: This Contract shall not be assigned without the prior written consent of the parties.
17. Entire Agreement: This Contract shall constitute the entire agreement of the parties and no other
warranties, inducements, considerations, promises, or interpretations shall be implied or impressed
upon this Contract that are not expressly addressed herein. All prior agreements, understandings and
discussions are hereby superseded by this Contract.
18. Construction Project Related Sales Tax: If applicable, the Contractor shall furnish the Town certified
statements setting forth, the cost of all materials purchased from each vendor and the amount of North
Carolina sales and use taxes paid thereon. In the event the Contractor makes several purchases from the
same vendor, the Contractor’s certified statement shall indicate the invoice number, the inclusive dates
of the invoices, the total amount of the invoices, and the North Carolina sales and use taxes paid
thereon. The Contractor’s certified statement shall also include the cost of any tangible personal
property withdrawn from the Contractor’s warehouse stock and the amount of North Carolina sales or
use tax paid thereon by the Contractor. The Contractor shall furnish such additional information as the
Commissioner of Revenue of the State of North Carolina may require to substantiate a refund claim by
the Town for sales or use taxes. The Contractor shall obtain and furnish to the Town similar certified
statements by the subcontractors. The certified statements to be furnished shall be in the form of the
standard CONTRACTOR’S SALES TAX REPORT and shall be submitted with each request for
payment. The Town will not make payment to the Contractor until the CONTRACTOR’S SALES
TAX REPORTS ARE SUBMITTED. Any and all refunds received by the Town of said taxes shall
remain with the Town, and the Contractor shall not be entitled to such refund.
19. Term: This Contract, unless amended as provided herein, shall be in effect until
{_______________________ ______}, 20{____}.
[SIGNATURES ON FOLLOWING PAGE.]
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 61
This Contract is between the Town of Hillsborough and {Contractor’s Full Legal Name} for {Description of
Services to be Provided Under This Contract}.
IN WITNESS WHEREOF, the parties hereto cause this agreement to be executed in their respective names.
{CONTRACTOR’S FULL LEGAL NAME}
_______________________________ ___________________________________
SIGNATURE PRINTED NAME & TITLE
_______________________________ ___________________________________
WITNESS PRINTED NAME & TITLE
TOWN OF HILLSBOROUGH
________________________________________________
DEPARTMENT HEAD OR DEPUTY/TOWN MANAGER
________________________________________________
PRINTED NAME & DEPARTMENT
ATTEST BY TOWN CLERK:
____________________________
TOWN CLERK TOWN SEAL
Town Clerk attests date this the ______day of ___________, 20____.
Approved as to Form and Authorization
______________________________
TOWN LEGAL STAFF
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
_________________________________ ___________________________________
FINANCE OFFICER DATE
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 62
EXHIBIT A
This Exhibit will include the submitted proposal and this RFP as an attachment, incorporating requirements
by reference.
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Disaster Debris Clearance and Removal Services
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EXHIBIT B
Additional Provisions for Contracts Funded Through Federal Assistance,
Including Provisions for FEMA Assistance, Reimbursement Contracts
This Contract for purchases, services, construction or repairs to be provided by the Contractor hereto to the Town of Hillsborough is
funded, in whole or in part, by Federal assistance in the form of grant, sub-grant, loan or reimbursement either directly to the Town as a
recipient or to the Town as a subrecipient of funding provided from the Federal government to an agency of the State of North Carolina
or to another pass-through agency. Accordingly, the following Federal provisions apply to this Contract pursuant to 2 CFR § 200.326
and 2 CFR Part 200, Appendix II, as applicable.
A. All Contracts – Compliance with Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR §
180.220) must not be made to parties listed on the government wide exclusions in the System for Award Management (SAM), in accordance with
the OMB guidelines at 2 CFR Part 180 that implement Executive Orders 12549 (3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989
Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contain the names of parties debarred, suspended, or otherwise excluded by
agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. [2 CFR Part 200, App. II
(I)]
B. Certain Contracts – Compliance with the Energy Policy and Conservation Act (42 U.S.C. 6201). Contractor will comply with mandatory
standards and policies relating to energy efficiency which are contained in the state energy conservation plan. [2 CFR Part 2 00, App. II (H)]
C. Certain Contracts – Compliance with Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract w ith a small business
firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work
under that “funding agreement,” the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, “Rights to Inventions Made
by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any implementing
regulations issued by the awarding agency. [2 CFR Part 200, App. II (F)]
D. Prime Construction Contracts in excess of $2,000 (when required by Federal program legislation) – Compliance with Davis-Bacon
Act, as amended (40 U.S.C. 3141-3144 and 3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, “Labor
Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). Contractor is required to pay
wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Se cretary of Labor. In
addition, Contractor must pay wages not less than once a week. The Town must place a copy of the current prevailing wage determine issued by
the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage
determination. The Town must report all suspected or reported violations to the Federal awarding agency. [2 CFR Part 200, App. II (D)]
E. Prime Construction Contracts in excess of $2,000 (when required by Federal program legislation) – Compliance with the Copeland
“Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). Contractor
is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of
the compensation to which he or she is otherwise entitled. The Town must report all suspected or reported violations to the Federal awarding
agency. [2 CFR Part 200, App. II (D)]
F. All Contracts of $10,000 and above – Termination by Town. The Town reserves the right to immediately terminate any agreement in
excess of $10,000 in the event the Contractor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the
procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract
and/or the procurement solicitation. The Town also reserves the right to terminate the Contract for convenience, with thirty (30) days written
notice to the Contractor, if the Town believes, in its sole discretion, that it is in the Town’s best interest to do so. In the event the Town terminates
this Contract for convenience, the Contractor will be compensated for work performed and accepted and goods accepted by the Town as of the
termination date. Any award under this procurement process is not exclusive and the Town reserves the right to purchase goods and services from
other vendors when it is in the best interest of the Town. [2 CFR Part 200, App. II (B)]
G. Contracts for purchases exceeding $10,000 in value for a single item or through cumulative acquisition – Compliance with section
6002 of the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (Procurement of recovered materials
(2 CFR §200.322]). In performance of this contract, contractor must comply with section 6002 of the Solid Waste Disposal Act, as amended by
the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the
Environmental Protection Agency (EPA) at 40 CFR part 247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the qua ntity acquired during
the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery;
and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. [2 CFR Part 200,
App. II (K)]
H. All contracts in excess of $100,000 – Compliance with Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractor will not and has not
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Disaster Debris Clearance and Removal Services
Bid: 5266, Orange County, North Carolina
July 29, 2019 Page 64
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 an y Federal
contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must disclose any lobby with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are to be forwarded from tier to tier up to the non-Federal award. [2 CFR Part 200,
App. II (J)]
I. Contracts in excess of $100,000 involving employment of mechanics or laborers (where applicable) – Compliance with Contract Work
Hours and Safety Standards Act 40 U.S.C. 3702 and 3704 (40 U.S.C. 3701-3708, as supplemented by Department of Labor regulations [29
CFR Part 5]). Per 40 U.S.C. 3702, Contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40
hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half
times the basic rate of pay for all hours worked in excess of 40 hours in the work week. Per 40 U.S.C. 3704, no laborer or me chanic involved in
construction work can be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or c ontracts for
transportation or transmission of intelligence. [2 CFR Part 200, App. II (E)]
J. All Contracts of $150,000 and above - Breach or Violation of Terms by Contractor. The Town reserves all rights and privileges under the
applicable laws and regulations with respect to this procurement in the event of breach or violation of terms of this Contract by the Contractor. [2
CFR Part 200, App. II (A)]
K. Contracts in excess of $150,000 – Compliance with Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251-1387), as amended. Contracts and subgrants of amounts in excess of $150,000 must contain a provision that requires the
non-Federal award to agree to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (4 2 U.S.C. 7401-
7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations must be reported to the Federal awarding
agency and the Regional Office of the Environmental Protection Agency (EPA). [2 CFR Part 200, App. II (G)]
L. Construction Contracts (except as provided under 41 CFR Part 60) – Equal Employment Opportunity Clause under 41 CFR 60-
1.4(b), in accordance with Executive Order 11246, “Equal Employment Opportunity” (30 FR 12319, 12935, 3 CFR Part, 1964-1965
Comp., p. 339), as amended by Executive Order 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,”
and implementing regulations at 41 CFR Part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity,
Department of Labor.” During the performance of this Contract, the Contractor agrees as follows:
(1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual
orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that
employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national
origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of
compensation; and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.
(2) The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified
applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national
origin.
(3) 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 em ployee 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 compla int 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.
(4) The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other
contract or understanding, a notice to be provided advising the said labor union or workers’ representatives of the contractor's commitments
under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.
(5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant
orders of the Secretary of Labor.
(6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations,
and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.
(7) In the event of the Contractor’s noncompliance with the nondiscrimination clauses of this Contract or with any of the said rules, regulations, or
orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further
Government contracts or Federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of
September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24,
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Disaster Debris Clearance and Removal Services
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July 29, 2019 Page 65
1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law.
(8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8)
in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor
will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such
provisions, including sanctions for noncompliance.
Provided, however, that in the event the Contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of
such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the
United States. [2 CFR Part 200, App. II (C)]
ADDITIONAL REQUIREMENTS – FEDERAL EMERGENCY MANAGEMENT AGENCY ASSISTANCE,
REIMBURSEMENT
M. Changes. Any change in the contract cost, modification, change order, or constructive change must be allowable, allocable, within the scope of
its funding, grant or cooperative agreement, and reasonable for the completion of project scope. All changes and/or amendments to the contract
will be outlined in detail, formalized in writing, and signed by the authorized representative of each party. Contractor’s failure to do so shall
constitute a material breach of the contract.
N. Access to Records. The following access to records requirements apply to this contract:
(1) The contractor agrees to provide the North Carolina Division of Emergency Management, the Town of Hillsborough, the FEMA
Administrator, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers,
and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and
transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as
reasonably needed.
(3) The contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites
pertaining to the work being completed under the contract.
O. Department of Homeland Security Seal, Logo, and Flags. The contractor shall not use the DHS seal(s), logos, crests, or reproductions of
flags or likenesses of DHS agency officials without specific FEMA pre-approval.
P. Compliance with Federal Law, Regulations, and Executive Orders. This is an acknowledgement that FEMA financial assistance will be
used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies,
procedures, and directives.
Q. No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or
liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract.
R. Program Fraud and False or Fraudulent Statements or Related Acts. The contractor acknowledges that 31 U.S.C. Chap. 38
(Administrative Remedies for False Claims and Statements) applies to the contractor’s actions pertaining to this contract.
S. Contract Work Hours and Safety Standards Act (29 CFR 5.5(b)(c)). The following provisions apply to any contract in an amount in excess
of $100,000 and subject to the overtime provisions of the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the
employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she i s employed
on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than
one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section
the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, s uch contractor and subcontractor
shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to
such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic,
including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of $26 for each
calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment
of the overtime wages required by the clause set forth in paragraph (1) of this section.
(3) Withholding for unpaid wages and liquidated damages. The Town of Hillsborough shall upon its own action or upon written request of an
authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work
performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any
other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor,
such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated
damages as provided in the clause set forth in paragraph (2) of this section.
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraphs (1) through (4) of this section
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and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible
for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section.
T. Contracts in excess of $150,000 – Compliance with Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control
Act (33 U.S.C. 1251-1387), as amended. The contractor agrees to include the provisions of section K above in each subcontract. The contractor
further agrees to report each violation to the Town of Hillsborough, and agrees that the Town of Hillsborough will, in turn, report each violat ion as
required to assure notification to the NC Division of Emergency Management, FEMA and the Regional Office of the Environmental Protection
Agency (EPA).
ADDITIONAL PROVISIONS - OTHER
In addition to the above provisions required by 2 CFR § 200.326 and 2 CFR Part 200, Appendix II, this Contract is subject to additional Federal
regulations including, but not limited to, the following:
U. Non-Profit Organization Subrecipients – Records Retention Requirements. Except for certain exceptions outlined in 2 CFR § 200.333,
records pertinent to this Contract must be retained for a period of three years from the date of submission of the fin al expenditure report or, for
Federal awards that are renewed quarterly or annually, from the date of the submission of the quarterly or annual financial r eport. [2 CFR §
200.333]
V. All Contracts. Additional Requirements by Federal Awarding Agency. This Contract may be subject to additional requirements of the
Federal awarding agency as may be specified in grant agreements, grant award documents and/or other documents or corresponden ce associated
with the Town’s acceptance of Federal funding.
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The awarded Contractor will be required to enter into a contract issued by the County. Any exceptions
to the terms of this Agreement or additional terms must be included as requested in “6.0 Proposal
Requirements” Section 12. In addition Orange County supports a living wage.
Prior to final execution of a contract with Orange County the contractors must submit to the County’s
representative a statement indicating whether those employees who will perform work on the Orange County
contract are paid at least the living wage amount currently set at $15.00 per hour. A copy of the living wage
policy follows the Sample contract.
The awarded Contractor will also need to complete and submit the E-verify Afadavit and Iran Divestment Act
Verification forms attached. A copy of each form follows the Sample Contract.
ORANGE COUNTY-SAMPLE CONTRACT
Attached
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STATE OF NORTH CAROLINA
AFFIDAVIT
ORANGE COUNTY
**************************
I, ____________________________(the individual attesting below), being duly authorized by and on behalf of
________________________________ (the entity bidding on project hereinafter "Employer") after first being duly
sworn hereby swears or affirms as follows:
1. Employer understands that E-Verify is the federal E-Verify program operated by the United States
Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify
the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5).
2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work
in the United States, shall verify the work authorization of the employee through E-Verify in accordance with
NCGS§64-26(a).
3. Employer is a person, business entity, or other organization that transacts business in this State and that
employs 25 or more employees in this State. (mark Yes or No)
a. YES _____, or
b. NO _____
4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project
Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer.
This ____ day of _______________, 201_.
Signature of Affiant
Print or Type Name: _________________________
State of North Carolina, _________ County
Signed and sworn to (or affirmed) before me, this the _____
day of ________________, 20__.
My Commission Expires:
Notary Public
(Affix Official/Notarial Seal)
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IRAN DIVESTMENT ACT CERTIFICATION REQUIRED BY N.C.G.S.
143C-6A-5(a)
Name of Contractor, Vendor or Bidder:
As of the date listed below, the contractor, vendor or bidder listed above, and all subcontractors
utilized by the contractor, vendor or bidder listed above, is not listed on the Final Divestment
List created by the State Treasurer pursuant to N.C.G.S. 143-6A-4.
The undersigned hereby certifies that he or she is authorized by the contractor, vendor or bidder
listed above to make the foregoing statement.
Signature Date
Printed Name Title
Notes to persons signing this form:
N.C.G.S. 143C-6A-5(a) requires this certification for bids or contracts with the State of North
Carolina, a North Carolina local government, or any other political subdivision of the State of
North Carolina. The certification is required at the following times:
When a bid is submitted
W hen a contract is entered into (if the certification was not alread y made when the vendor
made its bid)
When a contract is renewed or assigned
N.C.G.S. 143C-6A-5(b) requires that contractors with the State, a North Carolina local
government, or any other political subdivision of the State of North Carolina must not utilize
any subcontractor found on the State Treasurer’s Final Divestment List. The State Treasurer’s
Final Divestment List can be found on the State Treasurer’s website at the address
www.nctreasurer.com/Iran and will be updated every 180 days.
*****Contractor, Vendor or Bidder – Return This Form With All Other Required Documentation*****
*****Contractor, Vendor or Bidder – Return This Form With All Other Required Documentation*****
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Section I: General Government and Administration
Policy 10.0: Living Wage Contractor Policy
Reviewed by: County Attorney/County Manager
Approved by: County Manager
Original Effective Date: July 1, 2017
Revisions:
Policy Statement
It is the policy of Orange County to ensure its employees, and all individuals who provide services for Orange
County, are paid a living wage.
Purpose
To encourage all vendors and contractors to pay a living wage to all employees who perform work pursuant to a
contract with Orange County.
Applicability
Applies to all Orange County contracts and purchases.
Policy
10.1 Living Wage
10.1.1 Orange County is committed to providing its employees with a living wage and encourages all
contractors and vendors doing business with Orange County to pursue the same goal. Orange County’s
living wage is $14.95 per hour. To the extent possible, Orange County recommends that contractors
and vendors seeking to do business with Orange County provide a living wage to their employees.
10.1.2 Prior to final execution of a contract with Orange County all contractors and vendors seeking to
do business with Orange County shall submit to the County’s representative a statement indicating
whether those employees who will perform work on the Orange County contract are paid at least the
living wage amount set out above. If such employees do not make at least the living wage amount set
out above the contractor or vendor shall indicate in the statement the actual amount paid to such
employees. For bid projects this statement should be submitted as part of the bid packet.
This policy may be reviewed annually and updated as needed by the Manager’s Office
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[Departmental Use Only]
TITLE
FY
NORTH CAROLINA
SERVICES AGREEMENT OVER $90,000.00
RFP/RFQ
ORANGE COUNTY
This Services Agreement (hereinafter “Agreement”), made and entered into this day
of , 20 , (“Effective Date”) by and between Orange County, North Carolina a
political subdivision of the State of North Carolina (hereinafter, the "County") and ,
(hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Services Agreement (“Agreement”) is for professional services to be
rendered by Provider to County with respect to (insert type of project):
ii) By executing this Agreement, the Provider represents and agrees that Provider is
qualified to perform and fully capable of performing and providing the services
required or necessary under this Agreement in a fully competent, professional and
timely manner.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services
required in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
with applicable federal, state and local laws and regulations applicable to the
performance of these services. Provider is solely responsible for the professional
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quality, accuracy and timely completion and/or submission of all work related to
the Basic Services.
ii) Provider shall be responsible for all errors or omissions of its agents, contractors,
employees, or assigns in the performance of the Agreement. Provider shall
correct any and all errors, omissions, discrepancies, ambiguities, mistakes or
conflicts at no additional cost to the County.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it and/or its
employees, agents and subcontractors engaged in such activities possess such
licenses, certifications, or credentials and that such licenses certifications, or
credentials are current, active, and not in a state of suspension or revocation.
3. Basic Services
a. Basic Services.
i) The Provider shall perform as Basic Services the work and services described
herein and as specified in the County’s Request for Proposals or Request for
Qualifications (the “RFP”) “RFP Number for “ ” issued ,
20 , and the Provider’s proposal, which are fully incorporated and integrated
herein by reference together with Attachments (designate all attachments).
In the event a term or condition in any document or attachment conflicts with a
term or condition of this Agreement the term or condition in this Agreement shall
control. Should such conflict arise the priority of documents shall be as follows:
This Agreement, the County’s RFP together with attachments, Provider’s
Proposal together with attachments.
ii) The Basic Services will be performed by the Provider in accordance with the
following schedule: (Insert task list and milestone dates)
Task Milestone Date
1.
2.
3.
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4.
5.
6.
7.
8.
9.
10.
iii) Should County reasonably determine that Provider has not met the Milestone
Dates established in Section 3(a)(ii), County shall notify Provider of the failure to
meet the Milestone Date. The County, at its discretion may provide the Provider
seven (7) days to cure the breach. County may withhold the accompanying
payment without penalty until such time as Provider cures the breach. In the
alternative, upon Provider’s failure to meet any Milestone Date the County may
modify the Milestone Date schedule. Should Provider or its representatives fail to
cure the breach within seven (7) days, or fail to reasonably agree to such modified
schedule, County may immediately terminate this Agreement in writing, without
penalty or incurring further obligation to Provider. This section shall not be
interpreted to limit the definition of breach to the failure to meet Milestone Dates.
4. Duration of Services
a. Term. The term of this Agreement shall be from to .
b. Scheduling of Services
i) The Provider shall schedule and perform its activities in a timely manner so as to
meet the Milestone Dates listed in Section 3.
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate its efforts, including providing additional
resources and working overtime, as necessary, to perform its services in
accordance with the approved project schedule at no additional cost to the
County.
iii) The Commencement Date for the Provider's Basic Services shall be .
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services under this Agreement.
The maximum amount payable for Basic Services is Dollars ($ ). In the
event the amount stated on an invoice is disputed by the County, the County may
withhold payment of all or a portion of the amount stated on an invoice until the parties
resolve the dispute. Payment for Basic Services shall become due and payable in direct
proportion to satisfactory services performed and work accomplished. Payments will be
made as percentages of the whole as Project milestones as set out in Section 3(a)(ii) are
achieved. (For example, if there are 10 Project Tasks with Milestone Dates then
Provider may invoice for the first 10% of the whole upon County’s acknowledgement of
the satisfactory completion of Task one. Upon the County’s acknowledgement that the
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Revised 12/18 4
second Task has been satisfactorily completed Provider may invoice for the next 10% of
the whole.)
b. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
6. Responsibilities of the County
a. Cooperation and Coordination. The County has designated ( ) to act as the
County's representative with respect to the Project and shall have the authority to render
decisions within guidelines established by the County Manager and/or the County Board
of Commissioners and shall be available during working hours as often as may be
reasonably required to render decisions and to furnish information.
7. Insurance
a. General Requirements. Provider shall obtain, at its sole expense, Commercial General
Liability Insurance, Automobile Insurance, Workers’ Compensation Insurance, and any
additional insurance as may be required by County’s Risk Manager as such insurance
requirements are described in the Orange County Risk Transfer Policy and Orange
County Minimum Insurance Coverage Requirements (each document is incorporated
herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) If
County’s Risk Manager determines additional insurance coverage is required such
additional insurance shall consist of (if no additional insurance required mark
N/A as being not applicable). Provider shall not commence work until such insurance is
in effect and certification thereof has been received by the County's Risk Manager.
8. Indemnity
a. Indemnity. The Provider agrees, without limitation, to defend, indemnify and hold
harmless the County from all loss, liability, claims or expense, including attorney's fees,
arising out of or related to the Project and arising from property damage or bodily injury
including death to any person or persons caused in whole or in part by the negligence or
misconduct of the Provider except to the extent same are caused by the negligence or
willful misconduct of the County. It is the intent of this provision to require the Provider
to indemnify the County to the fullest extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
10. Termination
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Revised 12/18 5
a. Termination for Convenience of the County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days prior written notice to
the Provider.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
actions to remedy the breach. The Provider shall give the County seven (7) days' prior
written notice of its intent to terminate this Agreement for cause.
c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of
the Provider.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any
electronic data or files relating to the Project.
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
e. Suspension. County may suspend the Basic Services and this Agreement at any time for
County’s convenience and without penalty to County upon three (3) days’ notice to
Provider. Upon any suspension by County, Provider shall discontinue the Basic
Services and shall not resume the Basic Services until notified to proceed by County.
11. Additional Provisions
a. Limitation and Assignment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina.
c. Compliance with Laws. Provider shall at all times remain in compliance with all
applicable local, state, and federal laws, rules, and regulations including but not limited
to all state and federal anti-discrimination laws, policies, rules, and regulations and the
Orange County Non-Discrimination Policy and Orange County Living Wage Policy
(each policy is incorporated herein by reference and may be viewed at
http://www.orangecountync.gov/departments/purchasing_division/contracts.php.) Any
violation of this requirement is a breach of this Agreement and County may immediately
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Revised 12/18 6
terminate this Agreement without further obligation on the part of the County. This
paragraph is not intended to limit and does not limit the definition of breach to
discrimination. By executing this Agreement Provider affirms that Provider and any
subcontractors of Provider are and shall remain in compliance with Article 2 of Chapter
64 of the North Carolina General Statutes. By executing this Agreement Provider
certifies that Provider has not been identified, and has not utilized the services of any
agent or subcontractor identified, on the list created by the State Treasurer pursuant to
G.S. 147-86.58. By executing this Agreement Provider certifies that Provider has not
been identified, and has not utilized the services of any agent or subcontractor identified,
on the list created by the State Treasurer pursuant to G.S. 147-86.81.
d. Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina. It is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions. Binding arbitration may not
be initiated by either Party, however, the Parties may agree to nonbinding mediation of
any dispute prior to the bringing of a suit or action.
e. Entire Agreement. This Agreement, together with the RFP and its attachments and the
Proposal and its attachments, represents the entire and integrated agreement between the
County and the Provider and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both parties. Modifications may be evidenced by facsimile
signatures.
f. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
g. Ownership of Work Product. Should Provider’s performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to the Provider. The use of the documents, items or
things by the County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
h. Non-Appropriation. Provider acknowledges that County is a governmental entity, and
the validity of this Agreement is based upon the availability of public funding under the
authority of its statutory mandate.
In the event that public funds are unavailable and not appropriated for the performance of
County’s obligations under this Agreement, then this Agreement shall automatically
expire without penalty to County immediately upon written notice to Provider of the
unavailability and non-appropriation of public funds. It is expressly agreed that County
shall not activate this non-appropriation provision for its convenience or to circumvent
the requirements of this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
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Revised 12/18 7
In the event of a change in the County’s statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County’s authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County’s legal authority.
i. Signatures. This Agreement together with any amendments or modifications may be
executed electronically. All electronic signatures affixed hereto evidence the consent of
the Parties to utilize electronic signatures and the intent of the Parties to comply with
Article 11A and Article 40 of North Carolina General Statute Chapter 66.
j. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County Provider’s Name & Address
Attention:
P.O. Box 8181
Hillsborough, NC 27278
IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have hereunder
set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: PROVIDER:
By: _________________________________
By: __________________________________
Printed Name and Title
DocuSign Envelope ID: 5FA4B1AC-B897-4C32-A1E4-4B4A8885A341DocuSign Envelope ID: E66BEF63-568B-4F97-8211-2EDDC90D1A2C
Revised 12/18 8
ORANGE COUNTY—DEPARTMENT USE ONLY
______________________________________________________________________________
Department
Party/Vendor Name: Party/Vendor Contact Person: Contact Phone: Party/Vendor Address:
City State: Zip: Department: Amount: Purpose: Budget
Code(s): Vendor # (N/A if new vendor) Vendor is a BOCC consultant? Yes No Contract
Type: (Check one) New Renewal Amendment Effective Date Approved by Board Yes No
Agenda Date:
This agreement is approved as to technical form and content and I as Department Director affirmatively state work
on this project has not been initiated prior to execution of the agreement:
Department Director’s Signature ________________________________________ Date: ________
Agreements for emergency services or repair are not subject to the above affirmation. If services related to this
agreement have already begun or been completed please briefly describe the nature of the emergency condition that
was addressed:
Information Technologies
(Applicable only to hardware/software purchases and related services) This agreement has been reviewed and is
approved as to information technology content and specifications:
Office of the Chief Information Officer___________________________________ Date: ________
Risk Management
This agreement is approved for sufficiency of insurance standards, specifications, and requirements:
Office of the Risk Management Officer___________________________________ Date: _________
Financial Services
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control
Act:
Office of the Chief Financial Officer ____________________________________ Date: _________
Legal Services
This agreement is approved as to legal form and sufficiency:
Office of the County Attorney __________________________________________Date: ________
Clerk to the Board
Received for record retention:
All Docusign contracts must be copied to Sherri Ingersoll upon completion: singersoll@orangecountync.gov
The following signature block is for hard copies only and is not required for Docusign contracts:
Office of the Clerk to the Board __________________________________________Date:_________
DocuSign Envelope ID: 5FA4B1AC-B897-4C32-A1E4-4B4A8885A341DocuSign Envelope ID: E66BEF63-568B-4F97-8211-2EDDC90D1A2C
Certificate Of Completion
Envelope Id: 5FA4B1ACB8974C32A1E44B4A8885A341 Status: Completed
Subject: Please DocuSign: Crowder Gulf contract_AMTfinalclean.rtf, CrowderATTACHMENT 1.docx, RFP5266debr...
Source Envelope:
Document Pages: 286 Signatures: 6 Envelope Originator:
Certificate Pages: 6 Initials: 0 Cheryl Young
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-05:00) Eastern Time (US & Canada)
200 South Cameron Street
Hillsborough, NC 27278
cyoung@orangecountync.gov
IP Address: 24.106.196.226
Record Tracking
Status: Original
10/18/2019 12:46:59 PM
Holder: Cheryl Young
cyoung@orangecountync.gov
Location: DocuSign
Signer Events Signature Timestamp
Ashley Ramsay-Naile
jramsay@crowdergulf.com
President
CrowderGulf, LLC
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 12.69.113.178
Sent: 10/18/2019 2:52:08 PM
Viewed: 10/22/2019 10:59:52 AM
Signed: 10/22/2019 11:01:10 AM
Electronic Record and Signature Disclosure:
Accepted: 10/22/2019 10:59:52 AM
ID: fcd7a54d-fe7b-40ac-a9b2-edb5bd99436a
Robert Williams
rowilliams@orangecountync.gov
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 24.106.196.226
Sent: 10/22/2019 11:01:16 AM
Resent: 10/28/2019 9:28:42 AM
Viewed: 10/28/2019 9:57:02 AM
Signed: 10/28/2019 9:59:23 AM
Electronic Record and Signature Disclosure:
Accepted: 10/28/2019 9:57:02 AM
ID: bb6c39af-c83f-4997-b467-a18feed21fcf
Alisa Cornetto
acornetto@orangecountync.gov
09/27/16
Security Level: Email, Account Authentication
(None)Signature Adoption: Pre-selected Style
Using IP Address: 24.106.196.226
Sent: 10/28/2019 9:59:30 AM
Viewed: 10/28/2019 11:22:15 AM
Signed: 10/28/2019 11:23:47 AM
Electronic Record and Signature Disclosure:
Accepted: 6/21/2019 2:53:02 PM
ID: 5146feed-2c2f-4406-a7e2-6d3685117e94
Gary Donaldson
gdonaldson@orangecountync.gov
Finance Director
Orange County NC
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 24.106.196.226
Sent: 10/28/2019 11:23:54 AM
Viewed: 10/28/2019 2:56:53 PM
Signed: 10/28/2019 3:05:05 PM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
DocuSign Envelope ID: E66BEF63-568B-4F97-8211-2EDDC90D1A2C
Signer Events Signature Timestamp
John Roberts
joroberts@orangecountync.gov
Orange County Attorney
Orange County NC
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 24.106.196.226
Sent: 10/28/2019 3:05:11 PM
Viewed: 10/29/2019 9:48:05 AM
Signed: 10/29/2019 9:48:57 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Bonnie Hammersley
bhammersley@orangecountync.gov
County Manager
Orange County Government
Security Level: Email, Account Authentication
(None)
Signature Adoption: Pre-selected Style
Using IP Address: 24.106.196.226
Sent: 10/29/2019 9:49:03 AM
Viewed: 10/29/2019 10:19:07 AM
Signed: 10/29/2019 10:19:13 AM
Electronic Record and Signature Disclosure:
Accepted: 6/22/2019 12:14:27 PM
ID: 7f47a0eb-7a43-4401-b2da-1633252ad583
In Person Signer Events Signature Timestamp
Editor Delivery Events Status Timestamp
Agent Delivery Events Status Timestamp
Intermediary Delivery Events Status Timestamp
Certified Delivery Events Status Timestamp
Carbon Copy Events Status Timestamp
Sherri Ingersoll
singersoll@orangecountync.gov
Asst. Deputy Clerk II
Orange County NC
Security Level: Email, Account Authentication
(None)
Sent: 10/29/2019 10:19:20 AM
Viewed: 10/29/2019 10:22:58 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Wanda McCain
wmccain@orangecountync.gov
Security Level: Email, Account Authentication
(None)
Sent: 10/29/2019 10:19:20 AM
Electronic Record and Signature Disclosure:
Not Offered via DocuSign
Witness Events Signature Timestamp
Notary Events Signature Timestamp
Envelope Summary Events Status Timestamps
Envelope Sent Hashed/Encrypted 10/29/2019 10:19:20 AM
Certified Delivered Security Checked 10/29/2019 10:19:20 AM
Signing Complete Security Checked 10/29/2019 10:19:20 AM
Completed Security Checked 10/29/2019 10:19:20 AM
Payment Events Status Timestamps
DocuSign Envelope ID: E66BEF63-568B-4F97-8211-2EDDC90D1A2C
Electronic Record and Signature Disclosure
DocuSign Envelope ID: E66BEF63-568B-4F97-8211-2EDDC90D1A2C
ELECTRONIC RECORD AND SIGNATURE DISCLOSURE
From time to time, Orange County NC (we, us or Company) may be required by law to provide
to you certain written notices or disclosures. Described below are the terms and conditions for
providing to you such notices and disclosures electronically through the DocuSign system.
Please read the information below carefully and thoroughly, and if you can access this
information electronically to your satisfaction and agree to this Electronic Record and Signature
Disclosure (ERSD), please confirm your agreement by selecting the check-box next to ‘I agree to
use electronic records and signatures’ before clicking ‘CONTINUE’ within the DocuSign
system.
Getting paper copies
At any time, you may request from us a paper copy of any record provided or made available
electronically to you by us. You will have the ability to download and print documents we send
to you through the DocuSign system during and immediately after the signing session and, if you
elect to create a DocuSign account, you may access the documents for a limited period of time
(usually 30 days) after such documents are first sent to you. After such time, if you wish for us to
send you paper copies of any such documents from our office to you, you will be charged a
$0.00 per-page fee. You may request delivery of such paper copies from us by following the
procedure described below.
Withdrawing your consent
If you decide to receive notices and disclosures from us electronically, you may at any time
change your mind and tell us that thereafter you want to receive required notices and disclosures
only in paper format. How you must inform us of your decision to receive future notices and
disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Electronic Record and Signature Disclosure created on: 6/21/2019 2:52:43 PM
Parties agreed to: Ashley Ramsay-Naile, Robert Williams, Alisa Cornetto, Bonnie Hammersley
DocuSign Envelope ID: E66BEF63-568B-4F97-8211-2EDDC90D1A2C
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact Orange County NC:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: singersoll@orangecountync.gov
To advise Orange County NC of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at singersoll@orangecountync.gov
and in the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from Orange County NC
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to singersoll@orangecountync.gov and in
the body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with Orange County NC
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
DocuSign Envelope ID: E66BEF63-568B-4F97-8211-2EDDC90D1A2C
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to singersoll@orangecountync.gov and in the body of such request you must
state your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before
clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify Orange County NC as described above, you consent to receive
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to you by Orange County NC during the course of your relationship with
Orange County NC.
DocuSign Envelope ID: E66BEF63-568B-4F97-8211-2EDDC90D1A2C