#19-1008 Catawba County Debris Management and Monitoring Services Request for Qualifications

Agency: Catawba County
State: North Carolina
Type of Government: State & Local
NAICS Category:
  • 541330 - Engineering Services
  • 541611 - Administrative Management and General Management Consulting Services
  • 541618 - Other Management Consulting Services
  • 541690 - Other Scientific and Technical Consulting Services
Posted Date: May 13, 2019
Due Date: Jun 10, 2019
Bid Source: Please Login to View Page
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#19-1008 Catawba County Debris Management and Monitoring Services Request for Qualifications


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REQUEST FOR QUALIFICATIONS

DEBRIS MANAGEMENT AND MONITORING SERVICES

RFQ NO. 19-1008

Date of Issue: May 13, 2019

Qualifications Statement Due Date: June 10, 2019

Time: 5:00 PM ET

Issued for:

Catawba County Emergency Management Services

100 Government Drive

Newton, North Carolina 28658

(828) 465-8230

Issued by:

Catawba County Purchasing Manager

25 Government Drive

Newton, North Carolina 28658

(828) 465-8224

SECTION 1. PROJECT OVERVIEW AND GENERAL INSTRUCTIONS

Catawba County, and the municipalities covered under the County Emergency Planning efforts in North Carolina, are soliciting the submittal of Qualifications from experienced Engineering Firms (Firm) interested in providing comprehensive Debris Management and Monitoring Services for debris removal. Eligible firms must have demonstrated experience in managing and monitoring debris removal projects as described in the Scope of Work. Catawba County reserves the right to reject any and all submittals.

This is a multi-jurisdiction solicitation to include Catawba County, City of Newton, City of Conover, City of Claremont, Town of Maiden, Town of Catawba and Town of Longview located within Catawba County. Each entity will contract directly with the awarded Contractors should they choose to do so.

The contract resulting from this Request for Qualifications will be for three (3) years, beginning on July 1, 2019 and ending on June 30, 2022, with the option to renew for up to two (2) additional one-year terms, on the same terms and conditions, for a total possible life of five (5) years.

RFQ SCHEDULE

The table below shows the intended schedule for this RFQ. Catawba County will make every effort to adhere to this schedule.

Event

Responsibility

Date and Time

Issue RFQ

County

May 13, 2019

Submit Proposals

Vendor

June 10, 2019 at 5:00 PM

Contract Award

County

TBA

Contract Effective Date

County

July 1, 2019

The qualifications statement shall be submitted no later than 5:00 p.m. June 10, 2019. No submittals will be accepted after the deadline.

Once the submittals have been reviewed, the County reserves the right to shortlist three (3) Firms and request that the Firm(s) conduct a presentation and be interviewed by the selection committee.

SUBMISSION OF QUALIFICATIONS

The qualifications statement must be submitted with one (1) original, one (1) copy and one (1) electronic copy on CD, DVD or flash drive. The qualifications statement should be sent to the address indicated in the table below.

Mailing address for delivery of proposal via US Postal Service

Office Address of delivery by any other method (hand delivery, overnight, or any other carrier)

RFQ Number: RFP 19-1008

Catawba County Government Center

Attn: Purchasing Department

Post Office Box 389

Newton, North Carolina 28658

RFQ Number: RFP 19-1008

Catawba County Government Center

Attn: Purchasing Department

25 Government Drive

Newton, North Carolina 28658

IMPORTANT NOTE: All qualifications shall be physically delivered to the office address listed above on or before the submission deadline in order to be considered timely, regardless of the method of delivery. This is an absolute requirement. All risk of late arrival due to unanticipated delay—whether delivered by hand, U.S. Postal Service, courier or other delivery service is entirely on the Firm(s). It is the sole responsibility of the Firm to have the qualifications physically in this Office by the specified time and date of opening.

Questions regarding this Request for Qualifications should be directed to Tina M. Wright, Purchasing Manager at tinawright@catawbacountync.gov.

SECTION 2. SCOPE OF SERVICES

Catawba County requires the support of contract debris monitors and debris management expertise. The contract monitors are necessary to assure Federal Emergency Management Agency (FEMA) emergency plan and debris removal contract requirements are met by monitoring the debris removal from public access roads, rights-of-way, and in-use County owned/maintained public property, monitoring the debris management sites, as well as roving debris monitors, to assure that the debris management plan and contracts are effectively and efficiently implemented. When authorized, Firm shall provide similar services related to private property demolition and/or debris removal also. Catawba County will assign a Debris Manager (DM). The Debris Manager will be the primary point of contact for Firm and will resolve contract administration issues and disputes.

The debris management expertise is necessary to coordinate all debris related activities between Catawba County, State and Federal Agencies, and debris removal Firm. Debris related activities include, but are not limited to, performing assessments of debris, assisting with the development of and administration of grants, planning and permitting of temporary debris sites or permanent disposal facilities, construction contract administration, coordination with other agencies, verification of quantities, and any other services necessary to ensure that the debris is adequately removed and disposed of, and all local, state, and federal requirements are met by the County.

Within 48 hours of notification, Firm shall provide an adequate number of professionals and qualified personnel to monitor all debris loading sites and debris management sites along with associated roving debris monitors. Firm may be required to increase its staffing upon County approval and depending on the severity of the debris managing event. At the discretion of the Debris Manager, Firm may be required to replace any debris monitor.

Firm shall provide all debris monitors with appropriate personal protective equipment to include, but not limited to, eye protection, hearing protection, safety shoes, safety vests, hard hats, and wet and cold weather clothing, to comply with all federal, state, and local requirements.

Firm will provide debris monitors with the means to communicate (cell phone, satellite phone, radio, etc.) with their supervisor or the Debris Manager as may be necessary. Contact information will be provided.

Firm will provide temporary office space and temporary sanitary facilities as necessary.

Loading Site Monitoring Services

The primary function of the Loading Site Monitors is to issue debris load tickets for eligible debris cleared and to provide documentation as required by FEMA reimbursement requirements. The Loading Site Monitors must verify that only eligible debris is being removed from designated public rights-of-way and public property within assigned debris pickup zones within the County.

Firm shall, within 48 hours, be prepared to provide qualified on site personnel to monitor debris removal preparation and operations at all debris loading sites that may be provided by the County or at any additional locations that may be provided by the Debris Removal Firm(s). Each loading site may operate on a 24-hour basis, 7 days per week, depending on the situation as approved by the County. Exact number and location of loading sites may be determined by Debris Manager in coordination with the debris removal Firm.

Each truck driver will be given a load ticket that validates where the material originated and that it is eligible for pickup. Load tickets will be issued in accordance with established procedures and as a minimum must contain either a street address or the nearest intersection to be valid. The volume of debris hauled will be estimated at the debris management site by the Debris Management Site Monitor.

Firm shall provide all management, supervision, labor, transportation, mobile communications equipment, all safety equipment, digital cameras, video cameras, and other equipment necessary to initiate debris load tickets to document the removal of eligible debris from public access roads, public rights-of-way, and public property within the County.

Firm must be prepared to provide a Loading Site Monitor per site, per day covered in a 24-hour period. Firm must provide personnel with transportation to and from loading site(s), mobile communications equipment necessary to remain in contact with dispatch and supervisor(s) at all times, and all logistic support.

All Loading Site Monitors must:

1. Speak English, be a minimum of eighteen (18) years of age and have a valid driver's license issued in the United States.

2. Be capable of working in an outside environment and be physically able to execute his/her duties as required.

3. Have experience in at least one (1) of the following:

o Entry level engineer in solid waste site operations

o Construction Inspection or Supervision

o Previous monitoring or inspection experience

o Other experience allowed only when approved by the Debris Manager

Debris Management and Disposal Site Monitoring Services

The primary function of the Debris Management and Disposal Site Monitors is to complete the load ticket and estimate volumes that have been transported to the debris management and/or disposal site(s) for processing or storage, and/or disposal. Firm must provide Debris Management and Disposal Site Monitors with transportation to and from the debris management sites and mobile communications equipment necessary to remain in contact with dispatch and supervisor(s) at all times, logistic support, and all safety equipment, digital cameras, video cameras, and other equipment necessary to safely perform the site monitoring functions.

All debris management and disposal site monitors must:

1. Speak English, be a minimum of eighteen (18) years of age and have a valid driver's license issued in the United States

2. Be capable of working in an outside environment and be physically able to execute his/her duties as required

3. Have experience in at least one (1) of the following:

o Entry level engineer in solid waste site operations.

o Construction Inspection or Supervision

o Previous monitoring or inspection experience

o Other experience allowed only when approved by the Debris Manager

Debris Management Consulting Services

The Firm will provide the services of an experienced professional to assist the County in the operations and coordination of all activities associated with the Debris Management. The qualified individual (Project Manager) must have direct debris management experience including the management of debris removal operations, the oversight of temporary debris storage and reduction sites, debris recycling and disposal. Emphasis on management and coordination of post debris causing event recovery and FEMA reimbursement guidelines are required.

Firm shall report to the Debris Manager or the Debris Manager's designee. The Firm shall perform work as assigned which may include, but not be limited to, review of plans and procedures, drafting task orders, work plans and reports, audit of Debris Removal Firm efforts and operations, disposal site location with right of entry, hold harmless, environmental review, and other documentation, develop information for public dissemination on debris removal, reduction, and disposal, and other duties as assigned.

Firm shall be available at all times to the Debris Manager. The Debris Manager will establish the service requirements and length of time those services are needed based on the needs of the County.

Firm shall provide adequate supervision (Monitor Supervisor) of its Debris Monitors to ensure that the Debris Monitors perform their duties properly and efficiently. The Monitor Supervisor(s) shall be responsible for review of all documentation prepared by the Debris Monitors, and assist the· Debris Monitors in making eligibility determinations, when necessary.

Firm shall measure and certify capacity of the debris removal Firm’s hauling vehicles and maintain a database of the vehicles for the project record.

Firm shall provide adequate support staff to assist the Project Manager in managing the project and coordinating the work with the County and other agencies. Support staff includes:

o Project Coordinator (must be experienced in debris removal activities, FEMA eligibility criteria, reviewing of debris Firm invoices and submittal for reimbursement, and coordinating debris removal work with federal and state agencies).

o Clerical

o Geographic Information System Specialist

Firm shall submit daily reports as required by the County. Reports may include amount of debris collected, locations of operations, amount of debris disposed, overall project status, and problems that may affect progress.

Firm shall provide the following financial reporting:

o Electronic listing of all load tickets in a format determined by the County

o Original load tickets

o Truck measurement certificates as related to the load tickets

o Monitor Supervisor's log of load ticket distribution

Firm shall provide any additional services necessary to ensure that the debris removal project is completed in accordance with local, state, and federal guidelines, and assist the County as necessary to obtain all available grants and grant proceeds.

SECTION 3. CONTENTS OF QUALIFICATIONS STATEMENT

Qualifications shall be submitted on 8-1/2 x 11 paper, side bound with Table of Contents and reference tabs for key sections.

The qualification statement must be submitted with one (1) original, one (1) copy and one (1) electronic copy on CD, DVD or flash drive.

Qualification Statement shall include the following information:

1. Introduction – Letter of Transmittal

a. Summarize in a brief and concise manner the Firm’s understanding of the scope of work and make a positive commitment to perform the work in a professional and timely manner.

2. Qualifications of Firm

Please provide:

a. Firm name and business address, including telephone, email address, website address.

b. The type of company (individual, partnership, corporation, etc.), list the names of all partners, principals, etc. and company size.

c. Year established and FEIN.

d. Name and title of all persons serving as or intending to serve as principals in the Firm. Identify each principal of the Firm and any other “key personnel” authorized to negotiate this contract. The person identified must be empowered to make binding commitments for the company.

e. Provide a summary of any litigation, claim(s), or contract dispute(s) filed by or against the Firm in the past five (5) years that are related to the services that the Firm provides in the regular course of business. The summary shall state the nature of the litigation, claim, or contract dispute; a brief description of the case; the outcome or projected outcome; and the monetary amount involved. If no litigation claim(s) or contract dispute(s) have been filed by or against the Firm in the past five (5) years, please state that.

f. List any regulatory or license agency sanctions. If no license sanctions against the Firm, please state that.

g. Provide evidence of satisfactory completion of disaster debris monitoring in the past seven (7) years at similar jurisdictions, by providing the following:

i. Type of disaster: hurricane, tropical storm, tornado, flood, etc.

ii. Type of jurisdiction: city, county, district, or combination Collection and DMS debris monitoring assignments – number of monitors deployed.

iii. Scope, project budget and operational duration

iv. FEMA/FHWA reimbursement actions and issue resolution

v. Sub-consultant(s)/subcontractors that are proposed for this project

h. A copy of the most recently audited financial statement.

3. Qualifications of Staff

Please provide:

a. Resumes for the Project Manager, Operations Manager, and other key personnel proposed for this program.

b. List any professional training and experience, especially in relation to the type and magnitude of work required for this particular scope of services.

c. List any licenses or certifications related to the scope of work described in this Request for Qualifications.

d. Document experience in debris removal, debris monitoring and solid waste and hazardous waste management and disposal.

e. Document knowledge and experience with Federal, State and Local emergency agencies, state and federal programs, funding sources and reimbursement processes.

4. Project Understanding / Technical Approach

Provide a statement demonstrating an understanding of the services and support required by this Request for Qualifications. State how the vendor will approach the project and the methodology to be used to perform the services described in the Scope of Services. The technical approach must also outline the following:

a. Ability to manage activation of multiple contracts

b. Mobilization and demobilization plan

c. Documenting and resolving damages

d. Debris estimate methodology

e. Invoicing and data management

f. Internal training and safety program

5. References – Past Performance and Existing Contracts

References from existing contracts and/or past clients (must include references from the successful completion of three (3) debris monitoring projects in excess of 150,000 cu yds. Please complete Attachment A: Reference Disclosure Form and submit with proposal. In addition, please provide a listing of all current debris management and monitoring services contracts.

6. Hourly Rates

Hourly billing rates charged by your Firm for the position types listed below:

CATEGORY

COST PER HOUR (STRAIGHT TIME)

Project Manager

Project Coordinator

Monitor Supervisor

Debris Monitor (Load, Mgt., or Dump Site)

Geographic Information System Specialist

FEMA Policy Specialist

Clerical

7. Other Requirements

In addition to the above requirements, Firm shall populate all attachments that require Firm to provide information and include an authorized signature. Firm Qualification Statements should include the following attachments:

a. Completed Attachment A: Reference Disclosure Form

b. Completed Attachment B: Certification of Financial Condition

c. Completed Attachment C: Certification Regarding Lobbying

d. Completed Attachment D: Non-Collusion Affidavit, Debarment Certification and Gift Ban Certification

e. Completed Attachment E: Conflict of Interest

f. Completed Attachment F: E-Verify Affidavit

g. Completed Attachment G: Iran Divestment Act Certification

SECTION 4. AWARD CRITERIA

The award criteria shall be as follows:

Description

Total Possible Points

Qualifications of Firm

25

Qualifications of Staff

25

Project Understanding / Technical Approach

30

References – Past Performance and Existing Contracts

15

Other Requirements

5

100 Points

SECTION 5. CONTRACTOR INSURANCE REQUIREMENTS

The successful Firm will be required to provide the County with Certificates of Insurance meeting the County’s insurance requirements as specified below. Failure to provide the required insurance will result in cancellation of the selection and the County will have the right to enter into an agreement with the Firm with the next highest ranking. Contractor shall maintain at all times during the term of this Agreement, at the contractor’s sole expense:

I. Commercial General Liability Insurance

Contractor shall maintain Commercial General Liability insurance written on an occurrence basis, including coverage for products and completed operations liability, contractual liability, liability from independent contractors, property damage liability, bodily injury liability, and personal injury liability with limits of not less than $1,000,000 per occurrence and $2,000,000 annual aggregate. The aggregate limit shall apply separately to each location. The limits may be satisfied by a combination of primary and excess insurance.

II. Business Automobile Insurance

At all times while the Contractor’s representatives are conducting on-site work, the Contractor shall maintain Automobile Liability insurance for any owned, hired, rented, or borrowed vehicle with a limit of not less than $1,000,000 per occurrence for bodily injury and property damage liability. The limit may be satisfied by a combination of primary and excess insurance.

III. Workers Compensation & Employers Liability Insurance

At all times while the Contractor’s representatives are conducting on-site work, Contractor shall maintain statutory Workers Compensation insurance in accordance with the laws of North Carolina. Contractor shall also maintain Employers’ Liability insurance with limits of not less than $1,000,000 per accident and $1,000,000 each employee for injury by disease.

IV. General Requirements

1. Catawba County shall be named as an additional insured under Contractor’s automobile and general liability insurance. In the event of a loss arising out of, or related to the Contractor’s services performed under this Agreement, Contractor’s Liability insurance shall be primary (pay first) with respect to any other insurance which may be available to the County, regardless of how the “other insurance” provisions may read.

2. The Contractor’s General Liability, Automobile Liability, and Workers Compensation insurance must contain a waiver of subrogation in favor of the County

3. Contractor shall be responsible for insuring all of its own personal property, improvements, and betterments.

4. All insurance policies put forth to satisfy the above requirements shall require the insurer to provide a minimum of sixty (60) days’ notice to the County of any material change in coverage, cancellation, or non-renewal.

5. All insurance put forth to satisfy the above requirements shall be placed with insurance companies licensed to provide insurance in the state of North Carolina. Any deductibles or self-insured retentions in the required insurance shall be subject to approval by the County.

6. Prior to beginning the work, Contractor shall provide written evidence of insurance as requested by the County to confirm that these insurance requirements are satisfied. Contractor agrees to provide complete copies of policies if requested. Failure of Contractor to provide timely evidence of insurance, or to place coverage with insurance, or to place coverage with insurance companies acceptable to the County, shall be viewed as Contractor’s delaying performance entitling the County to all appropriate remedies under the law including termination of the contract.

SECTION 6. SAMPLE AGREEMENT

The awarded Firm 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 part of the Contractor’s Response to Request for Qualifications.

NORTH CAROLINA CONTRACT FOR DEBRIS MANAGEMENT

CATAWBA COUNTY AND MONITORING SERVICES

THIS CONTRACT FOR DEBRIS MANAGEMENT AND MONITORING SERVICES is made, and entered into this the day of June, 2019, by and between Catawba County, a political subdivision of the State of North Carolina, (hereinafter referred to as “County”) and _________________________________ (hereinafter referred to as “Contractor”), each of which may be referred to individually as “Party” or collectively as the “Parties”.

Recitals

WHEREAS, the County issued a Debris Management and Monitoring Services Request for Qualifications No. 19-1008 (“RFQ”) on May 13, 2019 and Contractor submitted a response to this RFQ; and

WHEREAS, the County selected Contractor to provide Debris Management and Monitoring Services in accordance with its procurement policies and procedures; and

WHEREAS, the County wishes to enter a contract with Contractor to provide Debris Management and Monitoring Services in accordance with Catawba County Request for Qualifications No. 19-1008; and

NOW, THEREFORE, in consideration of the promises herein and for other good and valuable consideration, the parties agree as follows:

1. SCOPE OF SERVICES. Contractor hereby agrees to provide the services and/or materials under this Contract pursuant to the “Scope of Services” (hereinafter collectively referred to as “services”) outlined in the Request for Qualifications and attached hereto as Exhibit A.

2. ENTIRE CONTRACT. This Contract, including the following Attachments:

Exhibit A: Request for Qualifications

Exhibit B: Submitted Qualification Statement

shall constitute the entire understanding between County and Contractor and are hereby incorporated herein and made a part of this Contract. This Contract supersedes all prior understandings and agreements relating to the subject matter hereof and may be amended only by written mutual agreement of the parties.

3. TERM OF CONTRACT. The term of this contract shall be for three (3) years, beginning on July 1, 2019 and ending on June 30, 2022, with the option to renew for up to two (2) additional one-year terms, on the same terms and conditions, for a total possible life of five (5) years.

4. COMPENSATION FOR SERVICES. The Contractor shall be compensated for services provided to the County under the terms of the Request for Qualifications. The Contractor shall provide to the County or the County’s authorized representatives, access to any books, documents, papers, and records, electronic or otherwise, which are directly pertinent to this Agreement for the purpose of making audits, examinations, excerpts, and transcriptions. The Contractor shall retain records relating this Agreement for three years after termination and all other pending matters are closed.

5. INVOICES. The Contractor shall provide an Invoice to County on a monthly basis that shall include the services rendered, and the compensation for services shall be in accordance with the schedule provided in Attachment B, which is incorporated herein. The compensation for services may not be modified, unless otherwise agreed upon by the Parties in writing. The Parties agree that payment for such services shall be due fifteen (15) days upon receipt of the Invoice.

6. NON-CONTINGENCY. Pursuant to the terms and conditions of this Agreement, Contractor shall provide services to the County in accordance with federal, state, and local laws, rules, and regulations, FEMA Policy and Guidance, and FHWA. The payment for services shall not be contingent upon any funding amount approved, or provided by, FEMA or FHWA to the County.

7. INDEPENDENT CONTRACTOR. County and Contractor agree that Contractor is an independent Contractor and shall not represent itself as an agent or employee of County 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.

8. INSURANCE. The Contractor shall maintain all insurance requirements in accordance to the terms of the Request for Qualifications throughout the term of this Agreement.

9. STANDARD OF CARE. Contractor will perform services under this Agreement with the degree of skill and diligence normally practiced by professional Contractors performing the same or similar services and Contractor shall, at no additional cost to the County, re-perform services which fail to satisfy the foregoing standard of care.

The Contractor will represent that all services be performed by competent personnel. The Contractor hereby represents that it has and will continue to maintain all licenses and approvals required to conduct its business and perform all services under this Agreement, and that it will at all times conduct its business activities in accordance with this contract. Except as may be otherwise provided for in this Agreement, Contractor shall be responsible for obtaining, at its own expense, all permits and approvals necessary to perform the services under this Agreement for each project.

10. VENUE; GOVERNING LAW. The exclusive venue of any legal or equitable action that arises out of or relates to the Agreement shall be the appropriate state court in Catawba County, North Carolina. In any such action, the law of North Carolina shall apply.

11. TERMINATION OF CONTRACT. The performance of work under this Agreement may be terminated by the County in whole or in part, in writing, whenever the County shall determine that the Contractor has failed to meet the performance requirements of this Agreement or fails to make delivery of the supplies, perform the work, or if the Contractor fails to perform any other provisions of this Agreement. The County may also terminate the contract immediately at its convenience for any reason. Unless Contractor is in breach of the contract, the Contractor shall be paid for services rendered to the County through the date of termination.

12. INDEMNITY. The work to be performed by Contractor under this Agreement shall be performed entirely at Contractor’s own risk.  Contractor shall indemnify and save harmless the County, its commissioners, employees, agents and representatives from any and all liabilities and claims of every kind, including attorney’s fees, to which County may be subjected on account of loss, destruction or damage to property or injury to or death of persons, including Contractor and persons employed by Contractor, arising out of or in connection with performance of this Agreement.  The provisions of this paragraph shall not be applicable to loss or damage caused by the negligent act of omission of County or its employees.

13. REMEDIES.

A. Declaration of Default. The County shall have the right to declare default of the contract for breach by the Contractor of any material term or condition of the contract as determined by the County. Material breach by the Contractor shall include, but specifically shall not be limited to failure to begin work under the contract within the time specified; failure to provide workmen, equipment, or materials adequate to perform the work in conformity with the contract by the completion date; unsatisfactory performance of the work; refusal or failure to replace defective work; failure to maintain satisfactory work progress; failure to comply with equal employment opportunity contract requirements; insolvency or bankruptcy, or any act of insolvency or bankruptcy; failure to satisfy any final judgment within 10 calendar days after entry thereof; and making an assignment for benefit of creditors.

B. Sanctions. In the event of a breach of the contract by the Contractor, the County shall have the right, power and authority, in its sole discretion, without violating the contract or releasing the Surety: to assume full control of the prosecution of the contract in the place and stead of the Contractor in directing Contractor's agents, employees and subcontractors in the performance of the work and in utilizing all materials, tools, machinery, equipment and structures located on the project; to perform the work or any part thereof with County staff and equipment or to use any or all materials and equipment located on the project that are suitable and acceptable; to re-let the work upon such terms and conditions as the County shall deem appropriate; to employ any other methods that it may determine are required for completion of the contract in an acceptable manner; and to withhold any sums due the Contractor under the contract without penalty or interest until the work is completed and accepted by the County.

C. Notice. Before invoking any of the sanctions provided for herein, the County will give the Contractor at least 7 calendar days’ written notice with a copy to the Surety, that will set forth the breach of contract involved and the sanctions to be imposed. The County, in its discretion, may grant the Contractor time in excess of 7 calendar days within which to comply with the contract and the time allowed will be set forth in writing. If the County determines during such period that the Contractor is not proceeding satisfactorily to compliance, it may impose the sanctions after 24 hours’ notice to the Contractor. If the County determines that the Contractor is not in compliance at the end of the time allowed, it may immediately impose any of the sanctions set forth herein and will advise the Contractor, in writing, with a copy to the Surety of the sanctions imposed.

D. Payment. After declaration of default has been made final, the Contractor will be entitled to receive payment for work satisfactorily completed or portions of work satisfactorily completed, less any sums that may be due the County from the Contractor but in no event shall payment exceed the contract unit or lump sum price for such work. The County, at its election, may retain the sum due the Contractor, or any portion thereof, without interest or penalty, until the contract work is completed; or it may make payment to the Contractor upon declaration of default for work satisfactorily completed to the date that notice of default is received by the Contractor.

In the event that the Contractor's employees, equipment, or materials are used in prosecution of the work, or any part thereof, after default is declared, payment to the Contractor shall be by contract unit or lump sum prices for the work performed, less any sums that may be due the County; but in no event shall payment exceed the contract unit or lump sum price for such work or services.

If all costs and expenses incurred by the County arising out of the breach and imposition of sanctions, together with the total cost to the County of securing the performance of the work set forth in the contract, exceed the sum that would have been payable under the contract, the Contractor and the Surety shall be liable to the County for such excess and shall pay such amount to the County.

E. Obligation of Contractor and Surety. No term or terms of this article and no action taken pursuant hereto by the County, its agents, or staff, will be construed to release or discharge the Contractor or the Surety upon the obligation set forth in the contract bonds, and the Contractor and the Surety shall remain bound thereon unto the County until the work set forth in the contract has been completed and accepted by the County and all obligations of the Contractor and the Surety arising under the contract and contract bond have been discharged.

F. Provision Not Exclusive. The provisions shall be in addition to and not in place of, any other provisions relating to default, breach of contract and sanctions to be imposed in connection therewith appearing in the contract.

14. FORCE MAJEURE. The Contractor shall not be responsible for any damages or delays resulting from its failure to perform if neither the fault nor the negligence of Contractor or its employees or agents contributed to the delay and the delay is due directly to acts of God, wars, acts of public enemies, riot, strikes, fires, floods, or other similar cause wholly beyond the Contractor’s control, or for any of the foregoing if no alternate source of supply is available to Contractor. In case of any delay Contractor believes is excusable, Contractor shall notify the County in writing of the delay or potential delay and describe the cause of the delay either (1) within ten days after the cause that creates or will create the delay first arose, if Contractor could reasonably foresee that a delay could occur as a result, or (2) if a delay is not reasonably foreseeable, within 5 days after the date Contractor first had reason to believe that a delay could result. If performance is suspended or delayed, in whole or in part, due to any of the causes described in this paragraph, after the causes have ceased to exist Contractor shall continue to perform in accordance with the Contract.

15. NON APPROPRIATION CLAUSE. Payment to Contractor for services is expressly conditioned upon availability of funds, and upon the actual receipt of funds, from appropriate revenue sources. If funds are insufficient to meet expected performances hereunder due to non-appropriation or reduction of funds by the source, services to be provided hereunder may be adjusted by the parties, in writing, to conform with the funds which are actually available. If such adjustment is impractical or would defeat the intent or purpose of this Agreement, same may be terminated accordingly without penalty.

16. MODIFICATION OF TERMS. The Agreement contains all the terms and conditions agreed upon by the Parties, which terms and conditions shall govern all transactions between the County and Contractor. The Agreement may only be modified or amended upon mutual written agreement of the Parties. 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. Contractors failure to do so shall constitute a material breach of the contract.

17. IRAN DIVESTMENT ACT. Contractor certifies that, as of the date listed below, it is not on the Final Divestment List or the Iran Parent and Subsidiary Guidance List as created by the State Treasurer pursuant to NCGS 147-86.58. In compliance with the requirements of the Iran Divestment Act (Article 6E of Chapter 147 of the North Carolina General Statutes), Contractor shall not utilize, in the performance of the contract, any subcontractor that is identified on the Final Divestment List or the Iran Parent and Subsidiary Guidance List.

18. DIVESTMENT FROM COMPANIES THAT BOYCOTT ISREAL. Contractor certifies that it has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81. It is the responsibility of each Contractor to monitor compliance with this restriction.

19. EQUAL EMPLOYMENT OPPORTUNITY. During the performance of this contract, the Contractor agrees as follows:

A. 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.

B. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive considerations for employment without regard to race, color, religion, sex, or national origin.

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

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

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

F. The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders.

G. In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be 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.

H. The Contractor will include the portion of the sentence immediately preceding paragraph (A) and the provisions of paragraphs (A) through (H) 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

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