TOWN OF ERWIN REQUEST FOR PROPOSALS FOR GRASS MOWING SERVICES - ADDENDUM

TOWN OF ERWIN REQUEST FOR PROPOSALS FOR GRASS MOWING SERVICES - ADDENDUM Notice is hereby provided that the Town of Erwin will be accepting proposals for grass mowing services for overgrown lots which are in non-compliance with the Town of Erwin s Code (i.e. 12 inches or higher on average). This request for proposals is based on an on-going program where work orders will be generated by the Town Code Enforcement Office for those lots in Town who fail to comply with the Town Code of Ordinances upon Notification of such violation. Instructions and specifications may be obtained at the Office of the Town Clerk between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Questions regarding this request for proposals can be addressed to 910-897-5140. Proposals will be accepted until 2:00 p.m. on Wednesday, June 5, 2013. The Town of Erwin Board of Commissioners reserves the right to reject any and all bids. Kathy K. Blake Planning-Inspections Director 100 West F St. Erwin, NC 28339

TOWN OF ERWIN Post Office Box 459 Erwin, NC 28339 (910) 897-5140 PLANNING/INSPECTIONS DEPARTMENT M-E-M-O-R-A-N-D-U-M DATE: May 22, 2013 TO: All Prospective Grass Mowing Service Providers FROM: Kathy Blake, Planning-Inspections Director RE: Request for Proposals Grass Mowing Services The Town of Erwin will be accepting proposals for grass mowing services on various privately owned lots within the Town of Erwin. Such lots with overgrown grass and weeds and other vegetative overgrowth will be identified based on continuous noncompliance with the Town of Erwin s Code of Ordinances. Enclosed you will find instructions for all submitted proposals. Proposals will be accepted by the Office of the Planning-Inspections Director at PO Box 459, 100 West F St., Erwin, NC 28339 until 2:00 p.m. on Wednesday, June 5, 2013, at which time all submitted proposals will be reviewed for compliance with the enclosed requirements. The Town of Erwin encourages you to submit an appropriate proposal for services. Should you have any questions regarding this matter, please feel free to contact me at 910-897-5140.

TOWN OF ERWIN REQUEST FOR PROPOSALS FOR GRASS MOWING SERVICES Notice is hereby provided that the Town of Erwin will be accepting proposals for grass mowing services for overgrown lots which are in non-compliance with the Town of Erwin s Code (i.e. 12 inches or higher on average). This request for proposals is based on an on-going program where work orders will be generated by the Town Code Enforcement Office for those lots in Town who fail to comply with the Town Code of Ordinances upon Notification of such violation. Instructions and specifications may be obtained at the Office of the Town Clerk between the hours of 8:00 a.m. and 5:00 p.m. Monday through Friday. Questions regarding this request for proposals can be addressed to 910-897-5140. Proposals will be accepted until 2:00 p.m. June 7, 2013. The Town of Erwin Board of Commissioners reserves the right to reject any and all bids. Kathy K. Blake Planning-Inspections Director 100 West F St. Erwin, NC 28339

TOWN OF ERWIN, NC INSTRUCTIONS FOR SUBMITTALS GRASS MOWING SERVICES 1. Each proposal must be submitted on the Town-provided blank bid form. If additional space is needed for full submission of bid, bidder shall use same format and language as provided on blank bid form. The proposal to provide services must be signed and fully completed by the appropriate authorized party. Proposals may be rejected for any omissions, alterations of form, additions not requested, conditional bids or irregularities of any kind that may tend to significantly alter bid uniformity. 2. The service contract will be awarded to the lowest responsible bidder taking into consideration quality, performance and the time specified in the proposals for the performance of the contract. 3. All proposals shall be for the provision of all necessary apparatus, supplies, materials, equipment, work and services necessary to complete the project in full and in accordance with the Town of Erwin's requirements.

GRASS MOWING SERVICES AGREEMENT THIS AGREEMENT, made this the day of, 2013 by and between the Town of Erwin, hereinafter called "Owner" and, doing business as a corporation hereinafter called "Contractor''. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned: 1. The Contractor will commence and complete all work specified on Attachment A. 2. The Contractor shall furnish all materials, supplies, tools, equipment, labor and other services necessary for the construction and completion of the projects described on Attachment A. The Contractor shall be responsible for any and all clean-up, repair and disposal associated with these activities. 3. The Contractor agrees to perform all of the work described in the Contract Documents and comply with the terms therein for the sum of. 4. The term "Contract Documents" means and includes the following: (a) Advertisement for Requests for Proposals (b) Request for Proposals Document (c) Bid Proposal Forms (d) Agreement (e) Notice of Award (f) Notice to Proceed (g) Change Orders (If Applicable) 5. The Owner will pay the Contract at the completion of the project(s) as defined in Attachment A, Section I "Payment". 6. Contractor shall indemnify and save harmless the Owner and its officers, agents and employees from all suits, actions or claims of any character brought for any injury or damages received or sustained by any person, persons, or property by reason of any act of Contractor, its agents or employees, in the performance of the contract. 7. This Agreement shall be binding upon all hereto and their respective heirs, executors, administrators, successors, and assigns. Agreement-Grass Mowing Services Page 1 of 3

Agreement-Grass Mowing Services Page 2 of 3 8. In the event any provision of this Agreement is adjudged to be not enforceable or found invalid, such provision shall be stricken and the remaining provisions shall be valid and enforceable. 9. The term of this Agreement is July 1, 2013 to June 30, 2014. This Agreement may be amended from time to time upon the mutual consent of Owner and Contractor expressed in writing. Either party may terminate this Agreement for any reason upon thirty (30) days written notice to the other party. Termination shall not relieve Town of financial obligations incurred prior to termination. 10. This Agreement represents the entire agreement between Owner and Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. This Agreement may only be amended by written instrument signed by Owner and Contractor. 11. All notices or other communications which shall be made pursuant hereto shall be in writing and shall be deemed to be given and received (a) when hand delivered to the address stated below, (b) three (3) days after being mailed to the address stated below, postage prepaid by certified or registered mail of the United States, return receipt requested to the address set forth below: TO: TO: Town of Erwin PO Box 459 Erwin, North Carolina 28339 Attn: Planning-Inspections Director Contractor Physical Address: Mailing Address: Attn: Either party to this Agreement may change its designated person or designated address at any time and from time to time by giving notice of such change to the other party in the manner set forth above. 12. This Agreement shall be governed by the laws of the State of North Carolina. The North Carolina State Courts located in Harnett County, North Carolina shall have jurisdiction to hear any dispute under this Agreement and legal or

Agreement-Grass Mowing Services Page 3 of 3 equitable proceedings by either party must be filed in Harnett County, North Carolina. IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials, this Agreement in three copies each of which shall be deemed an original on the date first above written. OWNER (seal) ATTEST: Patsy M. Carson, Mayor Cynthia Patterson, Town Clerk CONTRACTOR: By Name (Please Print) ADDRESS: (seal) ATTEST: NAME: Date

TOWN OF ERWIN, GRASS MOWING SERVICES AGREEMENT ATTACHMENT A PROPOSAL TO THE TOWN OF ERWIN, NORTH CAROLINA The undersigned party has carefully examined the attached form of the contract, specifications, and instructions and hereby declares that he will furnish the following items and services in such a manner as prescribed in the contract, specifications, and instructions to bidders for the following prices : A. Scope of Work The work included mowing of the established grass areas in a neat and workmanlike manner. All trash and debris in the required mowing area will be picked-up prior to mowing. Vegetation is to be cut to a uniform height not exceeding two and one-half (2 ½) inches. Town Code Enforcement will coordinate with Contractor by identifying specific properties to be addressed prior to the start of work. Contractor will have one (1) calendar week [seven (7) days] from the issuance of the Notice to Proceed to complete the work described in the Notice to Proceed document unless specifically stated otherwise due to the volume of properties or overall nature of such properties that are abnormally overgrown. Such exceptions can be initiated by Town Code Enforcement Official or may be initiated by Contractor, provided Town Code Enforcement approval. All exceptions shall be conducted in writing and in duplicate. Contractor is strongly encouraged to visit the listed property sites upon the Town's issuance of the Notice to Proceed in order to make determination of the need to create an exception to the one (1) week requirement. As the awarded Contractor may make bid with various distinctions with respect to size of lot, extent to which lot is overgrown, etc.; lot size and issues associated with lot overgrowth are addressed in the following with respect to defining calculations and determining compensation. Lot acreage will be based on the "actual calculated acres" as depicted by Harnett County GIS Tax Map System. Lot acreage will be rounded to the nearest quarter (1/4) of an acre as recorded by the same. Height of grass/vegetation for the purpose of bid proposal and payment shall be based on "average height" of entire lot. Example 1: a 1/2 acre lot with 1/4 acre of the same lot meeting or exceeding, on average, the height specification noted below would result in the specified amount compensation for a "normal" 1/4 acre lot plus specified amount compensation for 1/4 acre lot with grass/vegetation that meets or exceeds the height limitation as noted in bid proposal. Example 2: a 1/2 acre lot with 1/4 acre of the same lot meeting or exceeding, but not on average, the height specification noted below would result in only the specified amount compensation for a "normal" 1/2 acre lot. Attachment A Grass Mowing Services Agreement Page 1 of 3

Attachment A Grass Mowing Services Agreement Page 2 of 3 All lots that appear to meet or exceed, on average, the height specification noted below shall be identified by Contractor prior to beginning work on such lot. Contractor shall make request, in writing, to the Town of Erwin to determine eligibility of such lot, or portions thereof, for such additional compensation in accordance with bid proposal. Work shall not begin by Contractor until Contractor 's submitted request is addressed, in writing, by the Town. In addition to the mowing of non-compliant lots within the Town of Erwin, Contractor shall be empowered to determine the level of need with respect to removing excess debris and other trash from the worksite prior to mowing in order to produce a safe work environment for Contractor, his employees, and equipment. All such debris and trash shall be placed at the edge of the subject property and the publicly maintained road abutting the same in keeping with the Town of Erwin Code of Ordinances. Only excess debris and waste put to the edge of the property prior to the commencement of mowing is eligible to be collected by Town. All grass clippings and other related debris produced by the conduction of the grass mowing service is the responsibility of Contractor to remove from the subject property and dispose of in an approved legal manner. Contractor shall follow the same written request process as defined above prior to commencing work upon such properties that will require the removal of debris and trash. The bid sheet below expresses this function in terms of rate per hour, B. Protection and Restoration of Property Contractor shall be responsible for the protection from his activities of all public and private property on and adjacent to the work area and shall use every reasonable precaution necessary to prevent damage or injury thereto. Contractor shall use suitable precautions to prevent damage to pipes, conduits, and other underground structures, and to poles, wires, cables and overhead structures. It shall be the responsibility of Contractor to promptly restore, replace or make good any damage or injury to all public and private property. C. Operation of Equipment Contractor shall operate the equipment in a safe manner and at such times so as not to create a hazard to the public. Mowers are to be equipped with shields to prevent foreign objects from being thrown out from the cutting unit enclosures. D. Qualifications Contractor must be properly licensed to do business in the Town of Erwin. E. Insurance Contractor shall provide the Town of Erwin certificates of insurance and endorsements with the following minimum levels of insurance coverage. Current, valid insurance

Attachment A Grass Mowing Services Agreement Page 3 of 3 policies meeting the requirements herein identified shall be maintained during the duration of the named project. Contractor and subcontractors may not begin work until these insurance coverages have been obtained by the Town of Erwin. The Certificate of Insurance shall include: Comprehensive Automobile Liability, $500,000 Single Limit. Comprehensive General Liability, $500,000 Single Limit. Workmen's Compensation - Insurance covering all employees meeting statutory limits in compliance with the applicable state and federal laws regardless of the number of employees of Contractor. The Town of Erwin shall be named as an Additional Insured on the General Liability and Auto Liability. F. Contractor and Employees Contractor shall use only qualified personnel on the job and shall be responsible for insuring that employees abide by all applicable rules and regulations. G. Responsibility of Claims Contractor shall indemnify and save harmless the Town of Erwin and its officers, agents and employees from all suits, actions or claims of any character brought for any injury or damages received or sustained by any person, persons, or property by reason of any act of Contractor, its agents or employees, in the performance of the contract. H. Disposal of Trash and Debris Contractor is responsible for properly disposing of the trash and debris removed from the Project site (see Section A Scope of Work for delineation of trash and debris vs: excess trash and debris). If asked, Contractor must present proof of disposal as verification of meeting this requirement. I. Payment Invoices should be submitted to the Town of Erwin, Attention: Accounts Payable Department, PO Box 459, Erwin, NC 28339. Payment will be made to Contractor on a monthly basis for work for work satisfactorily accomplished, and within thirty (30) days after receipt of an approved invoice. J. Term of Agreement, Amendment and Termination The term of this Agreement is July 1, 2013 to June 30, 2014. This Agreement may be amended from time to time upon the mutual consent of Owner and Contractor expressed in writing. Either party may terminate this Agreement for any reason upon thirty (30) days written notice to the other party. Termination shall not relieve Town of financial obligations incurred prior to termination.

Town of Erwin Bid Proposal Grass Mowing FY 2013-2014 The undersigned Bidder proposes and agrees that, if this proposal is accepted, to contract with the Town of Erwin to furnish all necessary materials, equipment, machinery, tools, apparatus, transportation, labor, and other facilities necessary to complete the work as specified herein in full and complete accordance with the Request for Proposals, to the entire satisfaction of the Town of Erwin with a definite understanding that no money will be allowed for extra work except as set forth and agreed to in writing, or as specified in the Request for Proposals and further agrees to accept in full compensation therefore the price named below. The undersigned, as a Bidder, hereby declares that the only person or persons interested in this proposal as principal or principals is or are named herein and that no other person(s) than herein mentioned has any interest in this proposal or in the Contract to be entered into; that this proposal is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud. Basis of BID: Bidder will complete the Work in accordance with the Request for Proposals for the following price(s). The Town of Erwin recognizes that not all overgrown lots will be similar by nature (i.e. size of lot, extent to which lot is overgrown, etc.). Therefore, Bidder is afforded an opportunity in the bid proposal below to denote certain thresholds based on such factors. However, Bidder may choose to submit one (1) uniform bid amount, or Bidder may choose to submit such bid amounts to distinguish costs based on such factors. The bid proposal form below seeks to denote such factors; yet Bidder is able to include additional parameters of costs with respect to such factors that are not listed below. Lot acreage will be based on the "actual calculated acres" as depicted by Harnett County GIS Tax Map System. Lot acreage will be rounded to the nearest quarter (1/4) of an acre as recorded by the same. Height of grass/vegetation for the purpose of bid proposal and payment shall be based on "average height" of entire lot. Example: a 1/2 acre lot with 1/4 acre of the same lot meeting or exceeding, on average, the height specification noted below would result in the specified amount compensation for a "normal" 1/4 acre lot plus specified amount compensation for 1/4 acre lot with grass/vegetation that meets or exceeds the height limitation as noted in bid proposal. Example: a 1/2 acre lot with 1/4 acre of the same lot meeting or exceeding, but not on average, the height specification noted below would result in only the specified amount compensation for a "normal" 1/2 acre lot. All lots that appear to meet or exceed, on average, the height specification noted on bid sheet below shall be identified by Contractor prior to beginning work on such lot Contractor shall make request, in writing, to the Town of Erwin to determine eligibility of such lot, or portions thereof. for such additional compensation in accordance with bid proposal. Work shall not begin by Contractor until Contractor's submitted request is addressed, in writing, by the Town. This process shall be the same with respect to excessive trash and debris as addressed in Section A- Scope of Work of this bid document. Bid Proposal Form Page 1 of 2

TOTAL UNIFORM LUMP SUM BID AMOUNT: $ _ (This option does not distinguish between lot size and extent to which lot is overgrown and other such factors) TOTAL IN WORDS: _ TOTAL LUMP SUM BID AMOUNT (for each quarter (1/4) acre): $ TOTAL IN WORDS: TOTAL LUMP SUM BID AMMOUNT (for each quarter (1/4) acre with grass/vegetation in excess of feet and inches): $ _ TOTAL IN WORDS: _ TOTAL HOURLY RATE AMOUNT (for removal of excess trash and debris from work site): $ _ TOTAL IN WORDS: _ Only the work identified in the proposal above shall be noted by contractors. Additional itemized expenses will not be considered by the Erwin Town Board when awarding bids. However, proposals for services not substantially following the criteria outlined above may be disqualified based upon the discretion of the Erwin Town Board of Commissioners. We hereby certify that this proposal is made in good faith and without collusion or connection with any other person bidding on this proposal or that any official or employee of the Town of Erwin (who has or will exercise administrative oversight, or who has been involved with the development of the scope of work found herein for the purpose of this request and agreement) will be admitted to any share or part of the Contract or any benefit that may arise therefrom if the Contract is awarded to this company. Name of Corporation, Firm or Individual Address Telephone number and fax number By: (Seal) Signature Type or print name Date Title of Officer or Individual Town Privilege License No. Bid Proposal Form Page 2 of 2