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REQUEST FOR PROPOSAL
FOR
DEBRIS MONITORING AND RECOVERY SERVICES
City of Wilmington
Wilmington North Carolina
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REQUEST FOR PROPOSAL
FOR
DEBRIS MONITORING AND RECOVERY SERVICES
RFP No. 06-1114
To: All Proposers
From: Daryle Parker Tel: (910) 342-2735
Title: Purchasing Manager Email: [email protected]
Re: Debris Monitoring & Recovery Services
Enclosed is a Request for Proposal (RFP)/Solicitation for Debris Monitoring & Recovery Services in the
event of a natural or man-made catastrophe.
The City of Wilmington is soliciting proposals for Debris Monitoring and Recovering Services.
All proposals are due no later than 3:00 p.m. December 30, 2014. Proposals shall be enclosed in a
sealed envelope or package, addressed to:
City of Wilmington Finance Department
Attn: Daryle Parker, Purchasing Manager
305 Chestnut Street
Wilmington, NC 28401
The name and address of the prospective Contractor, and the title “RFP No. S6-1114-Debris
Monitoring and Recovery Services” shall be placed on the outside of the envelope. All items required
for a responsive Proposal shall be included. It is the responsibility of the Proposer to ensure that the
Proposal Package is complete and received at the proper time.
A recommendation will be submitted to City Council Members for approval at a regular scheduled
meeting. Proposals received by the Owner after the time specified for receipt will not be considered.
Proposers shall assume full responsibility for timely delivery of their proposals to the location
designated for receipt of proposals. Fax Copies and Email Copies will not be accepted.
We appreciate each firm’s interest and attention to this matter.
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SECTION I
INFORMATION & INSTRUCTIONS
Submission Requirements:
The complete original proposal and four (4) copies must be submitted in a sealed package and
received in accordance with the instructions detailed in the cover letter. All proposals shall be
marked title “RFP No. S6-1114 Debris Monitoring and Recovery Services.” Proposers shall
file all documents necessary to support their proposal and include them with their proposal.
Proposers shall be responsible for the actual delivery of proposals during business hours to the
address indicated in the cover letter. It shall not be sufficient to show that the proposal was
mailed in time to be received before scheduled closing time.
Proposal Format: Proposals shall include the following information:
Proposers must succinctly respond in the format delineated below. Elaborate, irrelevant, or
otherwise unnecessary information will not be considered.
The following information shall be tabbed to identify the required information. Failure to submit
this information will render your proposal non-responsive.
1. QUALIFICATIONS OF THE FIRM
a) Provide a description and history of the firm focusing on previous governmental experience.
Only past experience as the prime contractor will be considered. Firm qualifications must
include, at minimum, the following:
1. Recent experience demonstrating current capacity and current expertise in debris removal,
solid waste and hazardous waste management and disposal monitoring.
2. Documented knowledge and experience coordinating with Federal, State and Local emergency
agencies.
3. Experience representing Local governments with various state and federal funding sources
and reimbursement processes, including Federal Emergency Management Agency (FEMA),
Federal Highway Administration (FHWA), and Natural Resource Conservation Service (NRCS).
4. Experience with special disaster recovery program management services including private
property/right-of-entry (ROE) work, waterways clean-up and reimbursement, sand recovery and
beach remediation, leaning tree and hanging limb removal, hazardous material removal, vessel
and vehicle recovery, asbestos abatement, data management, and hauler invoice reconciliation
and contracting, and FEMA appeals assistance.
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b) Provide three (3) references for which the firm has performed services within the past five (5)
years that are similar to the requirements in the Scope of Services. Provide the reference contact
name, address, e-mail address, telephone numbers and date of the contract.
2. QUALIFICATIONS OF STAFF
Provide an organizational chart, resumes, and summary of staff qualifications. Key project staff
(management staff including, but not limited to: project manager, collection and disposal
operations managers, FEMA reimbursement specialist, data manager, etc.), shall have
experience, working for the Proposer, in the following:
a.) Experience demonstrating current capacity and current expertise in debris removal, solid
waste and hazardous waste management and disposal. The proposer’s personnel must
demonstrate experience managing hurricane debris monitoring for at least (5) five governments
involving a minimum of 500,000 cubic yards of debris for each client.
b.) Documented knowledge and experience of Federal, State and Local emergency agencies,
state and federal programs, funding sources and reimbursement processes.
c.) Experience with special disaster recovery program management services including private
property/right-of-entry (ROE) work, waterways clean-up and reimbursement, sand recovery and
beach remediation, leaning tree and hanging limb removal, hazardous material removal, vessel
and vehicle recovery, asbestos abatement, data management, and hauler invoice reconciliation
and contracting, and FEMA appeals assistance.
3. TECHNICAL APPROACH
Provide a description of the Proposer’s approach to the project, to include startup
procedures/requirements, debris estimate methodology, analysis of debris recovery operations
and management of the debris recovery contractors, billing/invoices reporting procedures to
FEMA and the City.
4. COST PROPOSAL
Each Proposer must complete and submit the Cost Proposal Form/Fee Schedule included herein.
The Cost Proposal will be evaluated on the hourly rates submitted on the cost proposal form for
the labor positions listed. All non-labor projected costs will be billed to the City at cost without
markup.
It is the sole responsibility of the PROPOSER to assure that they have received the entire
Request for Proposal.
The bid package constitutes the entire set of bid instructions to the bidder. The City will not be
responsible for any other instructions, verbal or written, made by anyone. Any changes to the
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specifications will be in the form of an Addendum which will be sent to all known bidders who
are listed with the Purchasing Office as having attended the Pre-Bid meeting.
Bidders must acknowledge receipt of all addendums issued when submitting their bid. Bidders
who fail to acknowledge receipt of all addendums will be DEEMED NONRESPONSIVE AND
THEIR BID REJECTED. IF APPLICABLE, ATTACH A COPY OF EACH
ADDENDUM TO YOUR BID PROPOSAL FORM. Bidders who did not attend the pre-
proposal my obtain copies of any addendum by visiting www.cityofwilmingtonnc.gov Bidders
may also call Ellen McGowan 910 341-7830, or email [email protected] to
check for the issuance of any addendum before submitting your bid proposal.
No verbal or written information which is obtained other than through this RFP or its addenda
shall be binding on City of Wilmington. No employee of the City of Wilmington is authorized to
interpret any portion of this RFP or give information as to the requirements of the RFP in
addition to that contained in or amended to this written RFP document.
Right of Rejection and Clarification: The City of Wilmington reserves the right to reject any
and all proposals and to request clarification of information from any proposer. There is no
obligation for the City of Wilmington to enter into a contract on the basis of any proposal
submitted in response to this document.
Acceptance of Bid (Award): It is the intent of the CITY to award two (2) Contracts; a primary
contract to be awarded to the lowest overall responsible Bidder and a secondary contract to the
next overall lowest responsible Bidder, provided the Bid(s) have been submitted in accordance
with the requirements of the Bidding Documents and does not exceed a fair and equitable rate.
The CITY shall have the right to reject any or all bids and /or waive any informality or
irregularity in any bid or bids received and to accept Bid or Bids, which in his judgement is in
the City’s best interest.
The primary Contractor will be the CITY’s first call for this Debris Monitoring and Recovery
Services Contract. The second contractor will be called if the primary contractor is not
responsive or at the discretion of the CITY when it is deemed necessary for more than one
contractor to assist in this response and Scope of Work.
Request for Additional Information: Prior to the final selection, proposers may be required to
submit additional information or make oral presentations which the City may deem necessary to
further evaluate the proposer's qualifications.
Denial of Reimbursement: The City of Wilmington will not reimburse proposers for any costs
associated with the preparation and submittal of any proposal, or for any travel and/or per diem
costs that are incurred.
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Gratuity Prohibition: Proposers shall not offer any gratuities, favors, or anything of monetary
value to any official, employee, or agent of City of Wilmington for the purpose of influencing
consideration of this proposal.
Right of Withdrawal: A proposal may not be withdrawn before the expiration of ninety (90)
days from the proposal due date.
Right of Negotiation: The City of Wilmington reserve the right to negotiate with the selected
proposer the exact terms and conditions of the contract.
Exceptions to the RFP: Proposers may find instances where they must take exception with
certain requirements or specifications of the RFP. All exceptions shall be clearly identified, and
written explanations shall include the scope of the exceptions, the ramifications of the exceptions
for the City of Wilmington and a description of the advantage to be gained or disadvantages to
be incurred by the City as a result of these exceptions.
Rights to Submitted Material: All proposals, responses, inquiries, or correspondence relating
to or in reference to this RFP, and all reports, charts, and other documentation submitted by
proposers shall become the property of the City of Wilmington when received.
Basis of Award: Proposals will be evaluated according to the following criteria at a minimum:
1. Qualifications of Firm and staff 30 points
2. Technical Approach 20points
3. Cost Proposal 50points
Total Points 100 points
Copies: An original and four (4) copies of the proposal and supporting documents must be
submitted in response to the RFP.
Contacts: Proposers must submit proposals in accordance with the instructions contained in this
RFP. All requested information must be submitted with the proposal. Instructions for preparation
and submission of proposals are contained in this package
All inquiries, requests for interpretation, technical questions, clarification, or additional
information shall be in writing and directed to Dave Bundick, (910) 341-0081 or emailing
[email protected]. All questions concerning this Bid shall reference the Bid
number, section number and paragraph. Questions and responses affecting the scope of the
services will be provided to all Bidders on record by issuance of an Addendum. All questions
shall be received no later than 5:00 P.M., November 24, 2014.
Contract: The contract between the City of Wilmington and the contractor shall consist of:
(1) The Request for Proposal (RFP) and any amendments thereto, and
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(2) The proposal submitted by the contractor in response to the RFP.
In the event of a conflict in language between the two documents referenced above, the
provisions and requirements set forth and/or referenced in the RFP shall govern. However, the
City of Wilmington reserves the right to clarify any contractual relationship in writing with the
concurrence of the proposer, and such written clarification shall govern in case of conflict with
the applicable requirements stated in the RFP or the service provider=s proposal. In all other
matters not affected by the written clarifications, if any, the RFP shall govern.
Contract Term: The initial term of the contract shall be for a period of one year. The City
reserves the right to negotiate and renew the contract on an annual basis for up to four additional
years upon agreement of both parties.
TECHNICAL APPROACH:
Provide a description of the proposer’s approach to the project, to include startup
procedures/requirements, debris estimate methodology, analysis of debris recovery operations
and management of the debris recovery contractors, billing/invoices reporting procedures to
FEMA and the City. Provide a copy of proposer’s internal training program.
COST PROPOSAL:
Each Proposer must complete and submit the Cost Proposal Form/Fee Schedule included herein.
The Cost Proposal will be evaluated on the hourly rates submitted on the cost proposal form for
the labor positions listed. Reasonable travel, per diem, and other direct project costs (e.g., load
tickets, communications, equipment rental, etc.) will be billed to the City at cost without
markup.
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STATE OF NORTH CAROLINA CONTRACT NO: S6-1114
COUNTY OF NEW HANOVER
AGREEMENT BETWEEN
THE CITY OF WILMINGTON, NORTH CAROLINA
AND
THIS AGREEMENT, made this the _____ day of ________________, 2014, by and between the CITY
OF WILMINGTON, NORTH CAROLINA (hereinafter called "CITY"), a municipal Corporation
located in New Hanover County, North Carolina; and ____________________________________a
corporation organized under the laws of the State of ______________ and authorized to do business in
the State of North Carolina with a business office located in ___________ (hereinafter called
"CONTRACTOR”).
W I T N E S S E T H:
1. Background and Purpose
CONTRACTOR is to provide Debris Monitoring and Recovery Services more specifically described
in the Scope of work attached hereto and made a part of this agreement.
2. Scope of Services
3. Reporting
4. Fee Schedule
The total cost of the Project shall be on a time and materials basis at the rates listed in Section III –
Cost Proposal as attached. All non-labor related project costs (including travel, lodging, per diem,
communications, supplies, rental equipment, and other direct project expenses) will be billed to the
City at cost without mark-up. All non-labor related costs will be paid in accordance with FEMA
reimbursement guidelines. Payment will be made within 30 days after receipt of an approved
invoice.
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5. Release and Indemnity
To the fullest extent permitted by law, CONTRACTOR shall release, indemnify, keep and save
harmless the CITY, its agents, officials and employees, from any and all responsibility or liability for
any and all damage or injury of any kind or nature whatever (including death resulting therefrom) to
all persons, whether agents, officials or employees of the CITY or third persons, and to all property
proximately caused by the negligent performance or nonperformance by CONTRACTOR (or by any
person acting for CONTRACTOR or for whom CONTRACTOR is responsible). CONTRACTOR
expressly understands and agrees that any performance bond or insurance protection required by this
agreement, or otherwise provided by CONTRACTOR, shall in no way limit the CONTRACTOR’S
responsibility to release, indemnify, keep and save harmless and defend the CITY as herein
provided. The intention of the parties is to apply and construe broadly in favor of the CITY the
foregoing provisions subject to the limitations, if any, set forth in N.C.G.S. 22B-1.
6. Personnel
It is mutually agreed that CONTRACTOR is an independent contractor and not an agent of the
CITY, and as such the CONTRACTOR shall not be entitled to any CITY employment benefits, such
as, but not limited to, vacation, sick leave, insurance, workmen's compensation, or pension and
retirement benefits.
7. Conflict of Interest
No paid employee of the CITY shall have a personal or financial interest, direct or indirect, as a
contracting party or otherwise, in the performance of this agreement.
8..Non-Waiver of Rights
It is agreed that the CITY'S failure to insist upon the strict performance of any provision of this
agreement, or to exercise any right based upon a breach thereof, or the acceptance of any
performance during such breach, shall not constitute a waiver of any rights under this agreement.
9. Suspension or Termination of Agreement
9.1 In the event that review of the CONTRACTOR performance shows non-conformance to the
work required by this contract, the Scope of Services or other terms or conditions contained
herein as a result of the CONTRACTOR negligent errors, omissions or acts,
CONTRACTOR shall be in breach of this agreement and the CITY may take corrective
action as it deems necessary including, but not limited to, termination, withholding or
reduction of payment.
9.2 The CITY shall also have the right to suspend this agreement upon written notice to
CONTRACTOR. Such written notice shall state the reasons for suspension and allow for a
review period of ten (l0) days during which CONTRACTOR shall be provided with an
opportunity to respond with an explanation or justification, and/or shall undertake any
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reasonable remedial action required by the CITY. If, in the opinion of the CITY
CONTRACTOR remains in violation of this agreement at the completion of the ten (l0) day
suspension period, the CITY shall have the right to terminate this agreement whereupon all
obligations of the CITY to CONTRACTOR shall cease.
9.3 In the event this project is terminated prior to completion of the services by
CONTRACTOR, CONTRACTOR shall be paid for services performed to the date of
termination. (In no event will the amount due CONTRACTOR in the event of termination
exceed that amount set forth in item 4 of this agreement. CONTRACTOR shall be paid for
all reimbursables, as defined herein, which are due him.)
9.4 This agreement may be terminated without cause by either party with thirty (30) days
written notice.
9.5 Nothing contained herein shall prevent the CITY from pursuing any other remedy which it
may have against CONTRACTOR including claims for damages.
10. Assignment of Agreement
It is mutually agreed by the parties hereto that this agreement is not transferable by either party
without the written consent of the other party to this agreement.
11. Insurance Requirements
A. Commercial General Liability
1. Contractor shall maintain Commercial General Liability (CGL) and if necessary,
Commercial Umbrella Liability insurance with a total limit of not less than $1,000,000.00
each occurrence for bodily injury and property damage. If such CGL insurance contains
a general aggregate limit, it shall apply separately to this project/location or the general
aggregate shall be twice the required limit.
2. CGL insurance shall be written on Insurance Services Office (ISO) “occurrence” form
CG 00 01 covering Commercial General Liability or its equivalent and shall cover the
liability arising from premises, operations, independent contractors, products-completed
operations, personal and advertising injury, and liability assumed under an insured
contract (including the tort liability of another assumed in a business contract).
3. The City of Wilmington, its officers, officials, agents, and employees are to be covered as
additional insureds under the CGL by endorsement CG 20 10 or CG 20 33 AND CG 20
37 or an endorsement providing equivalent coverage as respects to liability arising out of
activities performed by or on behalf of the contractor; products and completed operations
of the contractor; premises owned, leased or used by the contractor; and under the
commercial umbrella, if any. The coverage shall contain no special limitations on the
scope of protection afforded to the City of Wilmington, its officers, officials, agents, and
employees.
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4. There shall be no endorsement or modification of the CGL or Umbrella Liability limiting
the scope of coverage for liability arising from explosion, collapse, underground property
damage, or damage to the named insured’s work, when those exposures exist.
5. The contractor’s Commercial General Liability insurance shall be primary as respects the
City of Wilmington, its officers, officials, agents, and employees. Any other insurance or
self-insurance maintained by the City of Wilmington, its officers, officials, and
employees shall be excess of and not contribute with the contractor’s insurance.
6. The insurer shall agree to waive all rights of subrogation against the City of Wilmington,
its officers, officials, agents and employees for losses arising from work performed by the
contractor for the City of Wilmington.
B. Workers’ Compensation and Employer’s Liability
1. Contractor shall maintain Workers’ Compensation as required by the general statutes of
the State of North Carolina and Employer’s Liability Insurance.
2. The Employer’s Liability, and if necessary, Commercial Umbrella Liability insurance
shall not be less than $500,000.00 each accident for bodily injury by accident,
$500,000.00 each employee for bodily injury by disease, and $500,000.00 policy limit.
3. The insurer shall agree to waive all rights of subrogation against the City of Wilmington,
its officers, officials, agents and employees for losses arising from work performed by the
contractor for the City of Wilmington.
4. The U.S. Longshoreman’s and Harborworkers Compensation Act endorsement shall be
attached to the policy when the services will be on or in close proximity to navigable
waterways.
5. The Maritime Coverage endorsement (WC 00 02 01) shall be attached to the policy when
the contracted services involve the use of watercraft.
NOTE: Additional requirements needed if you have a borrowed servant, offshore platforms or
federal act situations. (Federal Acts such as the Defense Base Act, Migrant and Seasonal
Agricultural Worker Protection Act, and the Federal Coal Mine Health and Safety Act, etc.)
C. Business Auto Liability
1. Contractor shall maintain Business Auto Liability and, if necessary, Commercial
Umbrella Liability insurance with a limit of not less than $1,000,000.00 each accident.
2. Such insurance shall cover liability arising out of any auto, including owned, hired, and
non-owned autos.
3. Business Auto coverage shall be written on ISO form CA 00 01, or a substitute form
providing equivalent liability coverage. If necessary, the policy shall be endorsed to
provide contractual liability coverage equivalent to that provided in ISO form CA 00 01.
4. Pollution liability coverage equivalent to that provided under the ISO pollution liability-
broadened coverage for covered autos endorsement (CA 99 48) shall be provided, and the
Motor Carrier Act endorsement (MCS 90) shall be attached when those exposures exist.
5. Contractor waives all rights against the City of Wilmington, its officers, officials, agents
and employees for recovery of damages to the extent these damage are covered by the
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business auto liability or commercial umbrella liability insurance obtained by Contractor
pursuant to Section I C 1 of this agreement.
6. The contractor’s Business Auto Liability insurance shall be primary as the City of
Wilmington, its officers, officials, agents, and employees. Any other insurance or self-
insurance maintained by the City of Wilmington, its officers, officials, and employees
shall be excess of and not contribute with the contractor’s insurance.
D. Professional Liability Insurance
1. Contractor shall maintain in force for the duration of this contract professional liability or
errors and omissions liability insurance appropriate to the contractor’s profession.
Coverage as required in this paragraph shall apply to liability for a professional error, act,
or omission arising out of the scope of the contractor’s services as defined in this
contract. Coverage shall be written subject to limits of not less than $ 1,000,000.00 per
loss.
2. If coverage required in paragraph 1. above is written on a claims-made basis, the
Contractor warrants that any retroactive date applicable to coverage under the policy
precedes the effective date of this contract; and that continuous coverage will be
maintained or an extended discovery period will be exercised for a period of 2 (two)
years beginning from the time that work under the contract is complete.
E. Deductibles and Self-Insured Retentions
1. The contractor shall be solely responsible for the payment of all deductibles to which
such policies are subject, whether or not the City of Wilmington is an insured under the
policy.
F. Miscellaneous Insurance Provisions
The policies are to contain, or be endorsed to contain, the following provisions:
1. Each insurance policy required by this contract shall be endorsed to state that coverage
shall not canceled by either party except after 30 days prior written notice has been given
to the City of Wilmington, PO Box 1810, Wilmington, NC 28402-1810.
2. If Contractor’s liability policies do not contain the standard ISO separation of insureds
provision, or a substantially similar clause, they shall be endorsed to provide cross-
liability coverage.
G. Acceptability of Insurers
Insurance is to be placed with insurers licensed to do business in the State of North Carolina
with an A.M. Best’s rating of no less than A VII unless specific approval has been granted by
the City of Wilmington.
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H. Evidence of Insurance
1. The Contractor shall furnish the City of Wilmington with a certificate(s) of insurance,
executed by a duly authorized representative of each insurer, showing compliance with
the insurance requirements prior to commencing the work, and thereafter upon renewal or
replacement of each certified coverage until all operations under this contract are deemed
complete.
2. Evidence of additional insured status shall be noted on the certificate of insurance as per
requirements in Section I.
3. With respect to insurance maintained after final payment in compliance with
requirements, an additional certificate(s) evidencing such coverage shall be provided to
the City of Wilmington with final application for payment and thereafter upon renewal or
replacement of such insurance until the expiration of the period for which such insurance
must be maintained.
I. Subcontractors
Contractor shall include all subcontractors as insureds under its policies or shall furnish separate
certificates for each subcontractor. All coverage for subcontractors shall be subject to all of the
requirements stated herein. Commercial General Liability coverage shall include independent
contractors’ coverage, and the contractor shall be responsible for assuring that all subcontractors are
properly insured.
J. Conditions
1. The insurance required for this contract must be on forms acceptable to the City of
Wilmington.
2. The contractor shall provide that the insurance contributing to satisfaction of insurance
requirements in Section I. Minimum Scope and Insurance Requirements shall not be
canceled, terminated or modified by the contractor without prior written approval of the
City of Wilmington.
3. The contractor shall promptly notify the Safety & Risk Manager at (910) 341-5864 of any
accidents arising in the course of operations under the contract causing bodily injury or
property damage.
4. The City of Wilmington reserves the right to obtain complete, certified copies of all
required insurance policies, at any time.
5. Failure of the City of Wilmington to demand a certificate of insurance or other evidence
of full compliance with these insurance requirements or failure of the City of Wilmington
to identify a deficiency from evidence that is provided shall not be construed as a waiver
of Contractor’s obligation to maintain such insurance.
6. By requiring insurance herein, the City of Wilmington does not represent that coverage
and limits will necessarily be adequate to protect the Contractor and such coverage and
limits shall not be deemed as a limitation of Contractor’s liability under the indemnities
granted to the City of Wilmington in this contract.
7. The City of Wilmington shall have the right, but not the obligation of prohibiting
Contractor or any subcontractor from entering the project site or withhold payment until
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such certificates or other evidence that insurance has been placed in complete compliance
with these requirements is received and approved by the City of Wilmington.
12. Findings Confidential
All of the information, reports, cost estimates, plans, specifications and documents prepared or
assembled by CONTRACTOR under this agreement are the property of the CITY. CONTRACTOR
agrees that any such documents shall not be made available to any individual or organization other
than appropriate CITY officials without prior written approval of the CITY. Nothing contained in
this paragraph shall be construed to prevent CONTRACTOR from making information, reports and
documents available to those individuals or firms directly concerned with the project involved with
prior written agreement of the CITY.
13. Subcontracts
CONTRACTOR shall utilize no subcontracts for carrying out the services to be performed under this
agreement without the written approval of the CITY.
14. Entire Agreement
This agreement constitutes the entire understanding of the parties.
15. Binding Effect
This agreement shall be binding upon the heirs, successors, assigns, agents, officials, employees,
independent contractors, and subcontractors of the parties.
16. Continuing Obligation
The parties will make and execute all further instruments and documents required to carry out the
purposes and intent of the agreement.
17. Reference
Use of the masculine includes feminine and neuter, singular includes plural; and captions and
headings are inserted for convenience of reference and do not define, describe, extend or limit the
scope of intent of the agreement.
18. Interpretation
All of the terms and conditions contained herein shall be interpreted in accordance with the laws of
the State of North Carolina. In the event of a conflict between the various terms and conditions
contained herein or between these terms and other applicable provisions, then the more particular
shall prevail over the general and the more stringent or higher standard shall prevail over the less
stringent or lower standard.
Page 15 of 26
19. Preaudit
This contract has been preaudited in the manner required by the Local Government Budget and Fiscal
Control Act as evidenced by City Purchase Order No. ______ which is incorporated as if fully set
out.
20. Minority Business Enterprise (MBE)
The CITY desires that minority business enterprises have the maximum opportunity to participate in
the performance of this contract and will:
20.l Promote affirmatively (where feasible) in accordance with North Carolina General Statute
l43-l29, together with all other applicable laws, statutes and constitutional provisions) the
procurement of goods, services in connection with construction projects for minority owned
business enterprises.
20.2 Insure that competitive and equitable bidding opportunities are followed to afford minority
business enterprises participation. Strive to obtain contract and subcontract awards to
minority business enterprises.
20.3 Identify and communicate to the minority business enterprises community procedures and
contract requirements necessary for procurement of goods and services for construction
projects and subcontracts.
20.4 Provide technical assistance as needed.
20.5 Promulgate and enforce contractual requirements that the general contractor or all
construction projects shall exercise all necessary and reasonable steps to insure that
minority business enterprises participate in the work required in such construction contracts.
CONTRACTOR shall insure that minority business enterprises have the maximum opportunity to
compete for and perform portions of the work included in this contract and shall not discriminate on
the basis of race, color, national origin or sex. CONTRACTOR shall include this special provision,
Minority Business Enterprise (MBE), in all subcontracts for this contract. Failure on the part of
CONTRACTOR to carry out the requirements set forth in this special provision may constitute a
breach of contract and after proper notification may result in termination of the contract or other
appropriate remedy.
A minority business enterprise is defined as a business, with at least fifty (51%) percent owned and
controlled by minority group members. The minority ownership must exercise actual day-to-day
management. Minority group members may consist of Black Americans (an individual of the Black
race of African origin), Hispanic Americans (an individual of a Spanish speaking culture and origin at
parentage), Asian Americans (an individual of a culture, origin or parentage traceable to the areas of
the Far East, Southeast Asia, the Indian subcontinent and the Pacific Islands), Indian Americans (an
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individual who is an enrolled member of a Federally recognized Indian tribe, or recognized by the
tribe as being an Indian, as evidenced by a certification of a tribal leader), American Aleuts or any
recognized minority group approved by the CITY.
A Woman Business Enterprise is a business with at least fifty (51%) percent owned and controlled by
women who exercise actual day-to-day management.
CONTRACTOR shall exercise all necessary and reasonable steps to insure that Minority Business
Enterprises and Woman Business Enterprises participate in the work required in this contract.
CONTRACTOR agrees by executing this contract that he will exercise all necessary and reasonable
steps to insure that this special provision contained herein on Minority Business Enterprise is
complied with.
21. Immunity Not Waived
This agreement is governmental in nature for the benefit of the public and is not intended to be for
private profit or gain. Any fees charged hereunder are intended to reflect as closely as possible the
CITY'S actual cost and neither party intends to waive its sovereign immunity by reason of this
agreement.
22. Saving Clause
If any section, subsection, paragraph, sentence, clause, phrase or portion of this agreement is for any
reason held invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion
shall be deemed severable and such holding shall not affect the validity of the remaining portions
hereof.
23. Other Laws and Regulations
CONTRACTOR will comply with any and all applicable federal, state and local standards,
regulations, laws, statutes and ordinances including those regarding toxic, hazardous and solid wastes
and any pollutants; public and private nuisances; health or safety; and zoning, subdivision or other
land use controls. CONTRACTOR will take all reasonably necessary, proper or required safety,
preventative and remedial measures in accordance with any and all relations and directives from the
North Carolina Department of Human Resources, the United States Environmental Protection
Agency, the North Carolina Department of Environmental Management, Health Departments, and
any other federal, state or local agency having jurisdiction, to insure the prompt prevention or
cessation (now or in the future) of violations of either the applicable provisions of such standards,
regulations, laws, statutes, and ordinances or any permits or conditions issued thereunder.
CONTRACTOR specifically acknowledges and agrees that it has complied with and shall continue to
comply with the provisions of the federal E-Verify program in compliance with N.C. Gen. Stat. §64-
25 et seq. Any Subcontractor’s employed by CONTRACTOR shall also be in compliance with the
federal E-Verify program in accordance with N.C. Gen. Stat. § 64.25 et. seq. CONTRACTOR shall
Page 17 of 26
maintain adequate safeguards with respect to sensitive customer information in conformance with and
pursuant to 16 C.F.R. §681-1 and in accordance with N.C. Gen. Stat. §132-1.10 and §75-65.
24. Amendments
This agreement shall not be modified or otherwise amended except in writing signed by the parties.
25. Non-Discrimination
CONTRACTOR will take affirmative action not to discriminate against any employee or applicant
for employment or otherwise illegally deny any person participation in or the benefits of the program
which is the subject of this agreement because of race, creed, color, sex, age, disability or national
origin. To the extent applicable, CONTRACTOR will comply with all provisions of Executive Order
No. 11246 the Civil Rights Act of 1964, (P.L. 88-352) and 1968 (P.L. 90-284), and all applicable
federal, state and local laws, ordinances, rules, regulations, orders, instructions, designations and
other directives promulgated to prohibit discrimination. Violation of this provision, after notice, shall
be a material breach of this agreement and may result, at CITY'S option, in a termination or
suspension of this agreement in whole or in part.
26. Non-Appropriations Clause
Contractor acknowledges that the City of Wilmington is a government entity, and the contract
validity 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 the City’s
obligations under this contract, then this contract(s) shall automatically expire without penalty to the
City thirty (30) days after written notice to Contractor of the unavailability and non-appropriation of
public funds. It is expressly agreed that the City shall not activate this non-appropriation provision
for its convenience or to circumvent the requirements of this contract, but only as an emergency fiscal
measure during a substantial fiscal crisis, which affects generally its governmental operations.
In the event of a change in the City’s statutory authority, mandate and mandated functions, by state
and federal legislative or regulatory action, which adversely affects the City’s authority to continue its
obligations under this contract, then this contract shall automatically terminate without penalty to the
City upon written notice to Contractor of such limitation or change in the City’s legal authority.
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IN WITNESS WHEREOF, the CITY has caused this agreement to be duly executed in its name
and behalf and the CONSULTANT has caused this agreement to be duly executed in its name and
behalf and its corporate seal to be hereunto affixed, and attested to.
CITY OF WILMINGTON, NORTH CAROLINA
BY: ___________________________________
Sterling B. Cheatham, City Manager
WITNESS:
___________________________________
Daryle L. Parker, Purchasing Manager
APPROVED AS TO FORM:
___________________________________
William E. Wolak, City Attorney
FINANCE OFFICER’S CERTIFICATION STATEMENT
This instrument has been preaudited in the manner required by the Local Government Budget and
Fiscal Control Act this the _____ day of ____________, 2014.
___________________________________
Debra H. Mack, Finance Officer
Project No.
Account No.
Amount of Contract $
PO#
Federal ID Number: 56-6000239
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By: __________________________
STATE OF __________________
COUNTY OF ____________________
I, ______________________________, a Notary Public, certify that
____________________________________, personally came before me this day and acknowledged that
he (she) is President of ____________________________________, a corporation, and that by authority
duly given and as the act of the corporation, he(she)executed the foregoing instrument on behalf of the
corporation.
Witness my hand and official seal, this the ____ day of ________________, 2014.
My Commission Expires: _____________________________
Notary Public
______________________
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The proposer supplies the information recorded below for use in the preparation of the contract
documents, in event of contract award:
1. Please indicate type of business organization:
(a) Proprietorship __________________
(b) Partnership __________________
(c) Corporation __________________
(d) Limited Liability Co. _________________
2. If business is a Corporation, please answer the following questions:
Name and title of officers, authorized by Corporate Resolution, who will execute the
contract on behalf of corporation (generally President and Secretary).
_______________________________________________________________________
Firm is incorporated in what state?
_______________________________________________________________________
If firm is a foreign corporation, does firm have a certificate of authority from
the North Carolina Secretary of State? ________________
3. If business is a Partnership, please answer the following:
Name in full or all general partners and addresses:
_________________________________________________________________ Is this a
limited or general partnership? _________________
If a limited partnership, what is state of registration? ____________________
If business is a foreign limited partnership, does business have a certificate of authority
from the North Carolina Secretary of State? _________________
4. If business is a Proprietorship, please answer the following:
Name of owner: ______________________________________
5. If business is a limited liability company, please answer the following:
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List the names and title of managers or member-managers who will execute the contract
on behalf of the company? ______________________________
What is state of organization? ______________________________________
If business is a foreign limited liability company, does business have a certificate of
authority from the North Carolina Secretary of State? __________________
6. For all bidders:
If the business operates under an assumed name, what is the assumed name?
Has a certificate of assumed name been filed in the New Hanover County Registry?
___________
If so, please provide the recording information. Deed Book ___________ at Page
__________.
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SECTION II
SCOPE OF WORK
PURPOSE:
The City of Wilmington is soliciting sealed proposals to provide Disaster Management and
Recovery Services during a declared emergency activation.
BACKGROUND:
The City of Wilmington requires disaster management, recovery, and consulting services to
support the oversight and management of debris recovery contractors. Other services may
include, but not limited to, facilitating communication with FEMA, FHWA, the State of North
Carolina and other State and Federal agencies.
SCOPE:
A. DISASTER DEBRIS MONITORING SERVICES:
The selected firm will be expected to provide disaster debris monitoring services to include
debris generated from the public and private rights-of-way, drainage areas/canals, waterways,
and other public, eligible, or designated areas. Specific services may include:
1. Coordinating daily briefings, work progress, staffing, and other key items with the City.
2. Selection and permitting of TDSRS locations and any other permitting/regulatory issues as
necessary.
3. Scheduling work for all team members and contractors on a daily basis.
4. Hiring, scheduling, and managing field staff.
5. Monitoring recovery contractor operations, and making/implementing recommendations to
improve efficiency and speed up recovery work.
6. Assisting the City with responding to public concerns and comments.
7. Certifying contractor vehicles for debris removal using methodology and documentation
practices appropriate for contract monitoring.
8. Entering load tickets into a database application.
9. Digitization of source documentation (such as load tickets).
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10. Developing daily operational reports to keep the City informed of work progress.
11. Development of maps, GIS applications, etc. as necessary.
12. Comprehensive review, reconciliation, and validation of debris removal contractor(s)
invoices prior to submission to the City for processing.
13. Project Worksheet and other pertinent report preparation required for reimbursement by
FEMA, FHWA and any other applicable agency for disaster recovery efforts by City staff and
designated debris removal contractors.
14. Disaster related damage assessment and reconstruction services, as needed.
15. Final report and appeal preparation and assistance.
16. Cost recovery of eligible funds currently not obligated or potentially de-obligated by
appropriate funding agencies. Separate pricing structures for this service may be included in the
Consultant’s proposal.
17. Other disaster recovery services as requested by the City.
B. EMERGENCY MANAGEMENT PLANNING AND TRAINING
If requested by the City, the Consultant shall provide:
1. Comprehensive emergency management plans (e.g. COOP, EOP) to include plan
development; review, and revisions.
2. Comprehensive mitigation programs to include development of mitigation plan(s), staff
training, cost benefit analysis, project management, environmental review and staff
augmentation.
3. Development of a debris management plan – including identification of an adequate number
of TDSRS locations. Staff training as necessary.
4. Procurement assistance for debris removal contractors and other services as requested.
5. Project management to include the formulation and management of permanent work projects,
task force management, and preparation of information and/or reports for City management and
Boards.
6. Technical support and assistance in developing public information.
7. Other training and assistance as requested by the City.
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8. Other reports and data as required by the City.
9. Other emergency management and consulting services identified and required by the City.
C. DAMAGE ASSESSMENT AND RECONSTRUCTION SERVICES
If requested, the Consultant shall provide post-disaster damage assessment and reconstruction
services to include assessment, planning, engineering, and construction management services.
Specific areas where services may be requested include City facilities, utility systems,
transportation systems, and other sectors as required. The consultant will assist, if directed by the
City, with document preparation of permanent work projects.
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SECTION III
COST PROPOSAL
I have read and understand the requirements of this proposal, S6-1114 and agree to provide the required
services in accordance with this proposal and all attachments, exhibits etc. I agree to furnish the services
as described in RFP except where specific exception has been taken.
The hourly labor rates shall include all applicable overhead and profit. All non-labor related project
costs (including travel, lodging, per diem, communications, supplies, rental equipment, and other direct
project expenses) will be billed to the City at cost without mark-up. All non-labor related project
costs will be paid in accordance with FEMA reimbursement guidelines.
Project Manager $_________
Operations Managers $_________
GIS Analyst $_________
Field Supervisors $_________
Debris Site/Tower Monitors $_________
Load Ticket Data Entry Clerks $_________
Billing/Invoice Analysts $_________
Project Coordinators $_________
Field Coordinators (Crew Monitors) $_________
Environmental Specialist $
Crew Monitors $
OTHER REQUIRED POSITIONS:
Proposer may include other positions, with hourly rates, as needed.
Page 26 of 26
NON-DISCRIMINATION STATEMENT
The proposer certifies that:
(1) No person shall be excluded from participation in, denied the benefit of, or otherwise
discriminated against on the basis of race, color, national origin, or gender in connection
with any proposal submitted to the City of Wilmington or the performance of any
contract resulting therefrom;
(2) That it is and shall be the policy of this Company to provide equal opportunity to all
business persons seeking to contract or otherwise interested in contracting with this
Company, including those companies owned and controlled by racial minorities, cultural
minorities, and women;
(3) In connection herewith, We acknowledge and warrant that this Company has been made
aware of, understands and agrees to take affirmative action to provide such companies
with the maximum practicable opportunities to do business with this Company;
(4) That this promise of non-discrimination as made and set forth herein shall be continuing
in nature and shall remain in full force and effect without interruption;
(5) That the promises of non-discrimination as made and set forth herein shall be and are
hereby deemed to be made as part of and incorporated by reference into any contract or
portion thereof which this Company may hereafter obtain and;
(6) That the failure of this Company to satisfactorily discharge any of the promises of non-
discrimination as made and set forth herein shall constitute a material breach of contract
entitling the City of Wilmington to declare the contract in default and to exercise any and
all applicable rights and remedies including but not limited to cancellation of the contract,
termination of the contract, suspension and debarment from future contracting
opportunities, and withholding and or forfeiture of compensation due and owing on a
contract.
Printed Name:
Signature:
Title:
