REQUEST FOR PROPOSALS # WAKE COUNTY, NORTH CAROLINA SOLID WASTE MANAGEMENT DIVISION

Similar documents
. The average household has at least one CRT containing monitor at 45 pounds per

Request for Proposal

Request for Proposal For Scrap Metal Removal

Tire Disposal. Lincoln County Solid Waste. RFP # Tire Disposal

SCRAP TIRE RECYCLING AND DISPOSAL FOR THE MACON COUNTY SOLID WASTE DEPARTMENT

ELECTRONIC RECORDING VENDOR MEMORANDUM OF UNDERSTANDING

NOTICE OF REQUEST FOR PROPOSALS TOWN OF CHAPEL HILL, NORTH CAROLINA FOR DOWNTOWN MUNICIPAL SERVICE DISTRICT (MSD) SERVICES

TOWN OF MANCHESTER GENERAL SERVICES DEPARTMENT 494 MAIN STREET PO BOX 191 MANCHESTER, CONNECTICUT (860) FAX (860)

LANCASTER COUNTY SOLID WASTE MANAGEMENT AUTHORITY REQUEST FOR PROPOSAL. for. Construction & Demolition Waste Characterization Study

Request for Bids. Recycling Collection Containers and Hauling Services at OCRRA s Transfer Stations to Local MRF

CITY OF COVINGTON REQUEST FOR PROPOSAL HURRICANE ISAAC VEGETATIVE DEBRIS REDUCTION & TRANSPORTATION

NOTICE OF REQUEST FOR PROPOSALS FOR PUBLIC COFFEE SERVICE AT THE CHAPEL HILL PUBLIC LIBRARY TOWN OF CHAPEL HILL, NORTH CAROLINA

CITY OF CONROE PURCHASING DEPARTMENT REQUEST FOR PROPOSALS

Request for Quote RFQ# Date: 02/01/2017

REQUEST TO SUBMIT PROPOSALS FOR ASBESTOS SURVEYOR FOR THE CITY OF PONTIAC

STATE OF NORTH CAROLINA JACKSON COUNTY RECYCLING & DISPOSAL CONTRACT

REQUEST FOR PROPOSAL FOR: PROJECT GBC Great Bay Community College

REQUEST FOR PROPOSAL: 8/25/2012 NUMBER OF COPIES TO SUBMIT: TWO (2) Page 1

MONTEREY REGIONAL WATER POLLUTION CONTROL AGENCY NOTICE REQUEST FOR PROPOSALS FOR: WASTEWATER BIOSOLIDS HAULING SERVICES

SEALED BID REQUEST FOR ASBESTOS REMOVAL & PROPOSED FORM OF CONTRACT

Sacramento Regional Solid Waste Authority (SWA)

Hobart & William Smith Colleges 300 Pulteney St. Geneva, NY Request for Bids (RFB)

COUNTY OF OSWEGO PURCHASING DEPARTMENT

RFP GENERAL TERMS AND CONDITIONS

LANDFILL SERVICES FOR THE CITY OF INDEPENDENCE, KANSAS REQUEST FOR PROPOSALS DUE BY SEPTEMBER 10, 2015 AT 2 P.M.

PROFESSIONAL SERVICES AGREEMENT For Project Description, Project #

Management of Jobing.com Arena

PROPOSAL LIQUID CALCIUM CHLORIDE

REQUEST FOR PROPOSALS

ARCHITECT OF RECORD & DSA CLOSEOUT CERTIFICATION SERVICES RFQ# 029

REQUEST FOR PROPOSALS CLEAN OUT AND JUNK REMOVAL SERVICES Date Issued: March 16, 2017 Due: Thursday, March 30, 2017 at 2:00pm

THIS IS NOT AN ORDER!! DATE: April 19, REQUEST FOR QUOTATION Purchasing Department 200 Chesapeake Blvd, Ste 1400 Elkton, MD 21921

NEW HANOVER COUNTY FINANCE DEPARTMENT 230 Government Center Drive Suite 165

TYLER INDEPENDENT SCHOOL DISTRICT PURCHASE ORDER TERMS AND CONDITIONS

CITY OF MOBILE REQUEST FOR QUOTES. July 25, Museum Drive Mobile, AL 3660

DARLINGTON COUNTY CARPET SQUARES VINYL TILE HARTSVILLE OUTREACH CENTER INVITATION FOR BID (IFB) **RE-ADVERTISED**

Request for Proposal # Scrap Metal, White Goods, & Lead Acid Batteries

West Ridge Park Ballfield Light Pole Structural Assessment

City of Jeffersontown. Request for Qualifications ON-CALL. Electrical Services

Greater Dayton Regional Transit Authority 4 S. Main Street Dayton, OH 45402

SEALED BID. September 29, 2017

COWLEY COUNTY, KANSAS REQUEST FOR PROPOSAL. SALARY STUDY SUBMITTAL DEADLINE June 1, 2012 RFP NUMBER

FATIGUE TECHNOLOGY INC. PURCHASE ORDER TERMS AND CONDITIONS DATED JANUARY 4, 2006

MIDDLESEX COUNTY UTILITIES AUTHORITY

BERRIEN COUNTY ROAD DEPARTMENT

Alabama State Port Authority

MIDLAND COUNTY REQUEST FOR PROPOSAL JUVENILE CARE CENTER PHYSICIAN

PENNSYLVANIA CONVENTION CENTER REGISTRATION AND RIGHT OF ENTRY LICENSE AGREEMENT EVENT CONTRACTOR

Independent Contractor Agreement Form

SOLID WASTE COLLECTIONS EQUIPMENT FOR MACON COUNTY S CONVENIENCE CENTERS

REQUEST FOR PROPOSAL: 8/25/2012 NUMBER OF COPIES TO SUBMIT: TWO (2) Page 1

REQUEST FOR QUOTATION

Request for Proposals For Media and Public Relations Services for HAMPTON REDEVELOPMENT AND HOUSING AUTHORITY HRHA/HR

REQUEST FOR PROPOSALS For: Youth Sports Officials and Scorekeepers

COUNTY OF MARIN PROFESSIONAL SERVICES CONTRACT Edition 1

The schedule of events associated with this Request for Proposals (RFP) is as follows: RFP release date: July 01, 2016

NEW CASTLE COUNTY Purchasing Division New Castle County Government Center 87 Read s Way New Castle, DE (302)

SOLICITATION FOR CONTINUING SERVICES CS PLUMBING SUPPLIES

REQUEST FOR PROPOSALS. Small Business and Commercial Corridor Revitalization Program BUSINESS PLANNING AND FINANCIAL PLANNING ASSISTANCE

Request for Proposal # Executive Recruitment Services

GUILFORD COUNTY SCHOOLS Invitation for Bids

Request for Proposal # Postage Meter Lease & Maintenance Service

Town of Manchester, Connecticut General Services Department. Request for Proposals for Fingerprinting Services 17/18-85.

City of Albany, New York

INVITATION TO BID NEW TENNIS COURTS NEILLS CREEK PARK COUNTY OF HARNETT NORTH CAROLINA

REQUEST FOR PROPOSALS- INSURANCE BROKER AND CONSULTING SERVICES

CITY OF MONTEREY REQUEST FOR PROPOSALS TO PROVIDE ON-CALL REALTOR SERVICES FOR AFFORDABLE HOUSING

REQUEST FOR PROPOSAL LOOMIS PARK MASTER PLAN GENERAL INFORMATION LOOMIS PARK MASTER PLAN

REQUEST FOR PROPOSALS PROVIDE ELEVATOR AND ESCALATOR MAINTENANCE SERVICES

Request for Proposal # Grinding and Processing Services for Yard/Pallet Waste

SEALED BID. February 19, 2018

CONTRACT SERVICES AGREEMENT FOR CONSULTANT SERVICES TO PERFORM DESIGNATED PROFESSIONAL SERVICES

County of Greene, New York REQUEST FOR PROPOSALS (RFP) TO PROVIDE INSURANCE BROKERAGE SERVICES FOR THE COUNTY OF GREENE

ARTICLES AND DESCRIPTION. specified) from the day set for submission of bids. When no bid is returned, the vendor is removed from our vendor list.

ENERGY EFFICIENCY CONTRACTOR AGREEMENT

Alabama State Port Authority

REQUEST FOR PROPOSALS FOR RISK MANAGEMENT INSURANCE CONSULTANT/BROKER SERVICES

Request for Proposal General Ledger Software

Request for Proposal Automobile Driver Education Services RFP #

REQUEST FOR STATEMENT OF QUALIFICATIONS FOR TALENT BUYER SERVICES FOR THE CITY OF YUCAIPA SPECIAL EVENTS. DUE DATE: AUGUST 14, 2017 BY 2:00 p.m.

Housing Development Corporation of Rock Hill. Request for Proposal. CONSTRUCTION OF THREE NEW HOMES Cottages at Southend

Request for Proposal (RFP) For Commercial Demountable Wall System Including Installation

Invitation to Bid. For. Wastewater Sludge Hauling and Disposal. Radcliff Wastewater Treatment Plant and Fort Knox Wastewater Treatment Plant

REQUEST FOR PROPOSAL CONCESSION OPERATIONS. for. The City of Sherman, Texas

ACTUARIAL SERVICES AGREEMENT. THIS AGREEMENT is made and entered into on this day of,

Request for Proposals Investment Management Services. RFP 2018-Investments. RELEASE DATE: July 27, 2018

REQUEST FOR PROPOSALS Comprehensive User Fee Study and Full Cost Allocation Plan

P.O. Number SERVICES CONTRACT [NOT BUILDING CONSTRUCTION]

CHARTER TOWNSHIP OF WEST BLOOMFIELD INVITATION TO BID WEST BLOOMFIELD, FACILITY OPERATIONS

CHEROKEE NATION REQUEST FOR PROPOSAL VICTIM SERVICE AGENCIES/SHELTERS

REQUEST FOR PROPOSAL 3068 FOR METRO ETHERNET CONNECTIVITY

REQUEST FOR PROPOSAL for Legal Services for the HIGH PLAINS LIBRARY DISTRICT Greeley, CO

Master Service Agreement (Updated 9/15/2015)

Tacoma Power Conservation Contractor Agreement

OGC-S Owner-Contractor Construction Agreement

Environmental Management Dept. ph: U.S. Highway 421 North fax:

REQUISITION & PROPOSAL

NATIONAL RAILROAD PASSENGER CORPORATION DATE EXPIRES: for not longer than one year from date of Amtrak approval)

INVITATION TO BID (ITB)

City of Sidney Request for Qualifications and Proposal for. Plumbing Maintenance and Repair Services # S

Transcription:

Proposal Title: RFP SCRAP TIRE RECYCLING REQUEST FOR PROPOSALS #18-095 WAKE COUNTY, NORTH CAROLINA SOLID WASTE MANAGEMENT DIVISION Wake County is Requesting Proposals for the collection, transportation and processing of scrap tires from Wake County Multi-Material Recycling Facilities. All labor, equipment and supplies necessary to meet the requirements of this Request for Proposal shall be included in this quote. The purpose of this document is to specify the County s needs and to solicit proposals from providers. Direct inquiries for information should be sent to: Ty Stephens at ty.stephens@wakegov.com. Sealed proposals will be accepted Thursday, August 30, 2018 before 2:00 p.m. Local Time. Submit Proposals: Wake County Procurement Services Wake County Justice Center - 2 nd floor Room 2902 301 S. McDowell Street Raleigh, NC 27601 INCLUDE THIS PAGE AS THE FIRST PAGE OF YOUR PROPOSAL RESPONSE THIS PROPOSAL RESPONSE IS SUBMITTED BY: Full Legal Name of Provider: Mailing Address: Remittance Address (If Different) Fed ID or SS Number: Phone: Signature: Print Name: INDICATE THE TYPE OF BUSINESS: Individual Trading in Own Name Individual Trading Under Trade Name Partnership Corporation Date of Quote: Fax: Title: (Applicable to Partnership/Corporation) CORPORATE SEAL: 1

Intent Wake County Solid Waste Management Division is seeking proposals from qualified vendors to provide services to collect, transport and process scrap tires collected at various facilities in an environmentally sound manner and in compliance with all applicable local, state, federal and international laws and treaties. Background Wake County Solid Waste Management Division operates three County owned facilities that collect scrap tires from residents and businesses. Additionally, scrap tires are collected a several remote locations throughout the County. Wake County Facilities: North Wake Facility, 9029 Deponie Drive, Raleigh, NC 27614 South Wake Facility, 6130 Old Smithfield Road, Apex, NC 27539 East Wake Facility, 5051 Wendell Boulevard, Wendell, NC 27591 Scrap tires collected at the North Wake Facility are collected at loading wall that accommodates 2 trailers at a time. Scrap tires collected at the South Wake Facility will be collected in an old transfer station facility bay that can accommodate 1 trailer at a time. Both the North and South Wake Facilities have space to stage switch-out trailers. At the East Wake Facility, one trailer is staged at a loading dock and site attendant thread the tires into the trailer. Remote Facilities: Colony Tire, 3116 Capital Blvd, Raleigh, NC 27604-3336 McCarthy Tire 817 Purser Dr, Raleigh, NC 27603-4152 Piedmont Truck, 6125 Westgate Road, Raleigh, NC 27617-761 Snider Tire, 1250 Intrepid, Raleigh, NC 27610-7610 Wingfoot, 460 Reedy Creek Rd, Cary, NC 27513-4114 Tire Guy, 630 Rock Quarry Rd, Raleigh, NC 27610-3818 Black s Tire Service, 4201 Capital Blvd, Raleigh, NC 27604-4310 Current service Provider stages trailers at the remote locations and trailers are loaded by site owner. Wake County pays the transportation and tip fee associated with the hauling of the scrap tires. The following chart shows the tons of scrap tires collected by fiscal year. FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 North Wake 9,642 10,893 11,611 12,666 12,891 South Wake 2,008 1,993 2,428 2,543 2,615 Remote Locations 3,824 3,603 3,921 4,532 4,177 East Wake (new site) 11 1 Total Tons 15,474 16,489 17,959 19,740 19,694 1 East Wake Facility opened in April 2018 2

Scope of Provider Services Wake County desires turn-key service by the provider, including labor, equipment and supplies necessary to collect, transport and process scrap tires from specified locations. Obligations Wake County shall: 1. Provide the following collection location for scrap tires: a. North Wake, 9029 Deponie Drive, Raleigh, NC 27614 b. South Wake 6130 Old Smithfield Road, Apex, NC 27539 c. East Wake, 5051 Wendell Boulevard, Wendell, NC 27591 2. Provide labor necessary to load scrap tires at the East Wake Facility 3. Provide public education and promotion of the program through various outreach channels. 4. Reserve the right to add, delete or change materials collected at its recycling facilities and/or add, delete or change collection locations. Wake County will notify the provider of any such changes. Provider shall: 1. Provide necessary equipment to collect, transport and process scrap tires. 2. Provide all labor and equipment necessary to collect, transport and process scrap tires at the North Wake and South Wake Facilities. 3. Receive and process all scrap tires in the as-is condition, with no guarantees to the value or condition of the materials. 4. Comply with OHSA regulations concerning the storage, transport and disposal of scrap tires. 5. Comply with local, state and federal regulations concerning the storage, transport and disposal of scrap tires. 6. By signing this agreement or acceptance of this contract/purchase order or by submission of any bid, proposal, etc., vendors, contractors certify that as of the date of execution of this agreement or date of receipt of the purchase order, contractor/vendor and/or subcontractors affirm they are not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 147-6e, Iran Divestment Act Certification. Contractor/vendor shall not utilize any subcontractor that is identified on the list. 3

Schedule The following schedule should be considered: August 13, 2018 August 21, 2018 August 30,2018 September 2018 November 1, 2018 RFP Issued by Wake County Deadline for written questions by 5:00 p.m. Proposals due before 2:00 p.m. Proposal selected and contract process started Provider begins providing outlined in contract Proposal Submission Submit 3 copies of your proposal with the following information and attachments. Failure to clearly and completely provide all information below, on forms provided and in order requested, may result in rejection as non-responsive. Proposal Response Submitted By Form (on page 1) Attachment A Provider Qualifications and Experience Attachment B Proposal Questions Attachment C Pricing Sheet Attachment D References Current audited financial state of the company and/or company bond rating Certificate of Insurance Proposal Evaluation Proposals will be evaluated based on the provider's ability to meet the performance requirements of this RFP. To be deemed responsive, provider shall provide appropriate detail to demonstrate satisfaction of each criterion and compliance with the provisions outlined in this RFP. The provider s proposal will be the primary source of information used in the evaluation process. Proposals must contain information specifically related to the proposed services and requested herein. Failure of the provider to submit information requested may result in the elimination of the proposal from further evaluation. Proposals will be assessed to determine the most comprehensive, competitive and best value solution for the County based on, but not limited to, the criteria below. The County reserves the right to modify the evaluation criteria or waive portions thereof. Proposals will be evaluated on the following major categories: 1. Qualifications and Experience. 2. Cost Effectiveness and Value 3. Financial Strength and Stability 4. References 5. Acceptance of the Terms of the Contract Following evaluation of the proposals quote as submitted, the field of providers may be narrowed to a select few. The selected providers may be contacted and further discussion, clarification and negotiations including a formal interview, if necessary. The County may then select the provider that it feels can best meet its needs and may enter into a contract for services from that provider. 4

The contract will be awarded for services for five (5) years beginning November 1, 2018 with an option to extend services for two (2) one-year periods. The provider s performance for the contract period will be continually monitored for compliance with the terms and requirements of the contract (see Attachment E for a sample Wake County contract). Late responses, regardless of delivery means, will not be accepted. This includes, but is not limited to, any courier service. Ingress and egress from Wake County buildings are monitored and/or controlled by security personnel. Gaining access therefore may be delayed and respondents should plan accordingly. This applies to courier services also. Access to the Wake County Justice Center is through metal detection. Further, access to elevators will be limited if the delivery courier is using any type carts or hand trucks. This may delay as well. To ensure compliance with all federal, state and local regulations, permits, laws and codes, all contractors, including any subcontractors employed by the contractor(s), by submitting a bid, proposal or any other response, or by providing any material, equipment, supplies, services, etc., attest and affirm that they are aware and in full compliance with all related requirements and regulations and as of the date of this submittal, has not outstanding or pending litigation or violation actions of any kind. 5

ATTACHMENT A (must be submitted with proposal) Provider Information Provider Name: Mailing Address: City: ST: Zip: Physical Address: City: ST: Zip: Contact Person: Direct Phone Number: Title: Email Address: Minimum Qualifications Check the applicable box to signify compliance or non-compliance to each minimum qualification. Provider has two (2) years of experience providing services similar in scope in this contract. Provider employs technically trained personnel with practical experience. Provider is not currently rendered ineligible from doing business or receiving monetary benefits with a government agency Provider can be fully operational to meet contract requirements by November 1, 2018. Provider has equipment, processes, financial stability and personnel to meet service time frame as described herein. Complies Complies Complies Complies Complies Do Not Comply Do Not Comply Do Not Comply Do Not Comply Do Not Comply Provider has all necessary licenses and permits required by local, Complies Do Not Comply state and federal agencies. Provide any certification and/or documentation in support of your compliance as attachments that are clearly referenced. If you do comply with any of the above, describe exactly how you achieve each minimum qualification. 6

Provider Experience Number of years in business. Number of years of providing services proposed. Current number of public sector clients using services proposed. List any terminated projects or cancelled contracts. Disclose the jurisdiction and explain the reason for termination. List any additional environmental permits, licenses or approvals. List any environmental or safety related orders, notices, citations or violations received in the past three (3) years. List any past or pending litigation related to waste or recycling collection, processing, transportation, storage in the past three (3) years. 7

Proposal Questions (Limit proposal question responses to 3 pages) ATTACHMENT B (must be submitted with proposal) 1. Provide an overview and history of your company. 2. Describe your total organization, including any parent companies, subsidiaries, affiliates and other related entities. 3. Describe the key individuals, along with their qualifications, professional certifications and experience that would comprise your organization s team for providing services requested. 4. Describe your organization s capabilities to handle the volume of scrap tires collected by the County while continuing to efficient and effective customer service. 5. Is your organization is equipped to provide a collection container and haul tires from remote locations? If not, do you have other ideas or recommendations for managing tires at the source and describe how you would assist these businesses with finding an alternative method of tire disposal? 6. Describe your organization s procedure for processing scrap tires. Describe if the scrap tires are landfilled, recycled or reused. 7. Explain how your organization ensures that on-site personnel are qualified and proficient. 8. Provide a list of contracts held with other agencies similar in size to Wake County. 9. Discuss how appropriate written records are kept as part of material management in order that the County may, if upon request, audit those records to ensure that scrap tires were handled, stored, labeled, shipped and/or disposed of properly. 8

ATTACHMENT C (must be submitted with proposal) Pricing Sheet Directions: Input a dollar figure per unit for each line item. Labor 2 Item Rate Unit North Wake Site Attendant $ per month South Wake Site Attendant $ per month Equipment Rental 3 North Wake Yard Truck $ per month South Wake Yard Truck $ per month Hauling 4 Loaded Haul Rate from North Wake $ per haul Loaded Haul Rate from South Wake $ per haul Loaded Haul Rate from East Wake $ per haul Cost Per Loaded Mile from Remote Sites 5 $ per mile Processing 6 Disposal Fee $ per ton Revenue Rate for Reusable Tires $ per ton Gate Tip Fee for Self-Haul Customers 7 $ per ton 2 Labor shall include all costs associated with the staffing of the North and South Wake Facilities. 3 Equipment Rental shall include all the costs associated with the operation of the yard truck, including fuel and maintenance. 4 Hauling Rate shall include the all costs associated with the transporting trailers to the drop off facilities, staging trailers, switching out trailers, transporting loaded trailers, fuel, and any other associated expenses. Please note that Haul Rate from the North, South and East Wake Facility are per haul and Remote Site Haul Rate is per loaded mile from the collection point to the disposal location. 5 If remote site pricing is not provided, Provider acknowledges and agrees to provide outreach to remote site businesses to assist them with alternate means of tire disposal. 6 Processing fee is the cost associated with the disposal, recycling and/or reuse of tires. 7 If a Wake County resident or business direct hauls tire to the disposal facility, this is the tip fee that they would be charged. 9

References ATTACHMENT D (must be submitted with proposal) Provider shall identify at least three references below. References shall be major customers for which the provider has provided similar services during the past two (2) years, with an emphasis on other government customers. Reference 1 Organization Name: Address: City: ST: Zip: Contact Person: Direct Phone Number: Title: Email Address: Reference 2 Organization Name: Address: City: ST: Zip: Contact Person: Direct Phone Number: Title: Email Address: Reference 3 Organization Name: Address: City: ST: Zip: Contact Person: Direct Phone Number: Title: Email Address: 10

ATTACHMENT E NORTH CAROLINA WAKE COUNTY SERVICES AGREEMENT OVER $50,000 THIS AGREEMENT, is made and entered into this day of, 20 by and between Wake County, North Carolina (the "County") party of the first part; and (the "Provider"), party of the second part; W I T N E S S E T H: For the purpose and subject to the terms and conditions hereinafter set forth, the County hereby contracts for the services of the Provider, and the Provider agrees to provide the services to the County in accordance with the terms of this Agreement. SERVICES TO BE PROVIDED The services to be performed by the Provider shall be as follows: Enter Services provided or add attachment. Provider shall not sub-contract all or any part of the services provided for in this Agreement without written approval of the County. TERM The services of the Provider shall begin on, 20, and shall be provided until, 20. MAXIMUM AMOUNT PAYABLE: ($ ) PAYMENT Provider shall submit an invoice for services provided. The invoice shall contain Provider s name and federal tax identification number and shall be signed and dated by an officer of Provider. It shall detail all services provided in payment requests. The County will make payments to Provider upon receipt of and approval of the invoice by the contracting department. RELATIONSHIP OF PARTIES Provider is an independent contractor of the County. Provider represents that it has or will secure, at its own expense, all personnel required in performing the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with the County. All personnel engaged in work under this Agreement shall be fully qualified and shall be authorized or permitted under state and local law to perform such services. It is further agreed that the Provider will obey all State and Federal statutes, rules and regulations that are applicable to provisions of the services called herein. Neither Provider nor any employee of the Provider shall be deemed an officer, employee or agent of the County. CANCELLATION 11

This Agreement may be canceled by Provider upon thirty (30) days written notice to the County, and the County may terminate this agreement upon thirty (30) days written notice to Provider. INSURANCE REQUIREMENTS The Provider shall obtain, at its sole expense, all insurance required in the following paragraphs and shall not commence work until such insurance is in effect and certification thereof has been received by Wake County's Finance Office. If any required insurance policy expires during the term of this agreement, Provider must provide a certificate of insurance to the Wake County Finance Office as evidence of policy renewal prior to such policy expiration. Provider signature on this agreement indicates that Provider agrees to the terms of this insurance section and understands that failure to comply may result in cancellation of this agreement at Wake County s option. Workers' Compensation Insurance, with limits for Coverage A Statutory- for State of North Carolina and Coverage B - Employers Liability $500,000 each accident/disease each employee/disease policy limit. Commercial General Liability - with limits no less than $1,000,000 per occurrence and $2,000,000 aggregate, including contractual liability. Commercial Automobile Liability, with limits no less than $1,000,000 per occurrence for bodily injury and property damage for any vehicle used during performance of contract services, including coverage for owned, hired, and non-owned vehicles. Evidence of commercial automobile coverage is only necessary if vehicles are used in the provision of services under this Agreement. Professional Liability Insurance, applicable to any professional services provided under this Contract with limits of no less than $1,000,000 per claim and $2,000,000 aggregate. If any coverage is on a claims-made basis, Provider agrees to maintain a retroactive date prior to or equal to the effective date of this Agreement and to purchase and maintain Supplemental Extended Reporting Period or 'tail coverage' with a minimum reporting period of not less than three (3) years if the policy expires or is cancelled or non-renewed. If coverage is replaced, the new policy must include full prior acts coverage or a retroactive date to cover the effective dates of this Agreement. Provider shall provide a Certificate of Insurance annually to Wake County indicating any claims made coverage and respective retroactive date. The duty to provide extended coverage as set forth herein survives the effective dates of this Agreement. All insurance companies must be authorized to do business in North Carolina and have an AM Best rating of A-/VII or better; or have reasonable equivalent financial strength to the satisfaction of the County's Finance Office. Proof of rating shall be provided to the county upon request. Insurance with limits no less than those specified above shall be evidenced by a Certificate of Insurance issued by a duly authorized representative of the insurer and dated no more than thirty (30) days prior to the start date of the agreement. In the case of self-insurance, a letter of explanation must be provided to and approved by Wake County Risk Management. The Provider shall be responsible for providing immediate notice of policy cancellation or non-renewal during the term of this Agreement to the Wake County Finance Office and for three years subsequent for any claims made coverage. 12

If Provider does not meet the insurance requirements specified above, alternate insurance coverage satisfactory to Wake County may be considered. Any requests for consideration of alternate coverage must be presented by Provider PRIOR TO provision of any services associated with this Agreement. In the event that Provider uses subcontractors to perform any of the services under this Agreement, then and in that event, Provider shall contractually require such subcontractor(s) to meet all of the requirements of this section. INDEMNIFICATION Provider agrees to defend, indemnify, and hold harmless the County, for all loss, liability, claims or expense (including reasonable attorney's fees) arising from bodily injury, including death or property damage, to any person or persons caused in whole or in part by the negligence or misconduct of the Provider, except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this section to require Provider to indemnify Wake County to the extent permitted under North Carolina law. NO WAIVER OF SOVEREIGN IMMUNITY Wake County and the Provider agree that nothing in this Agreement shall be construed to mandate purchase of insurance by Wake County pursuant to N.C.G.S. 153A-435; or to be inconsistent with Wake County s Resolution Regarding Limited Waiver of Sovereign Immunity enacted October 6, 2003; or to in any other way waive Wake County s defense of sovereign or governmental immunity from any cause of action alleged or brought against Wake County for any reason if otherwise available as a matter of law. NON-ASSIGNMENT Provider shall not assign all or any portion of this Agreement, including rights to payments, to any other party without the prior written consent of the County. ENTIRE AGREEMENT The parties have read this Agreement and agree to be bound by all of its terms, and further agree that it constitutes the complete and exclusive statement of the Agreement between the parties unless and until modified in writing and signed by the parties. Modifications may be evidenced by telefacsimile signatures. NON-APPROPRIATION Provider recognized that Wake County is a governmental 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 not available and not appropriated to purchase the services specified in this Agreement, then this Agreement shall automatically expire without penalty to Wake County and without the thirty (30) day notice requirement set forth in Section In the event of a legal change in Wake County s statutory authority, mandate, and mandated functions which adversely affects Wake County s authority to continue its obligations under this Agreement, then this Agreement shall automatically expire without penalty to Wake County and without the thirty (30) day notice requirement set forth in Section VI. GOVERNING LAW Both parties agree that this Agreement shall be governed by the laws of the State of North Carolina. 13

E-VERIFY REQUIREMENTS To ensure compliance with the E-Verify requirements of the General Statutes of North Carolina, all contractors, including any subcontractors employed by the contract(s), by submitting a bid, proposal or any other response, or by providing any material, equipment, supplies, services, etc, attest and affirm that they are aware and in full compliance with Article 2 of Chapter 64, (NCGS 64-26(a)) relating to the E-Verify requirements. IRAN DIVESTMENT By signing this agreement; accepting this contract/purchase order; or submitting any bid, proposal, etc., vendors and contractors certify that as of the date of execution, receipt, or submission they are not listed on the Final Divestment List created by the NC Office of State Treasurer pursuant to NCGS 147 Article 6E, Iran Divestment Act, Iran Divestment Act Certification. Vendors and contractors shall not utilize any subcontractor that is identified on the Final Divestment List. In addition: Any organization defined under NCGS 147-86.80(2), Divestment from Companies Boycotting Israel, shall not engage in business totaling more than $1,000 with any company/business, etc. that boycotts Israel. A list of companies that boycott Israel is maintained by the NC Office of State Treasurer, pursuant to NCGS 147-86.81(a)(1). Any company listed as boycotting Israel is not eligible to do business with any State agency or political subdivision of the State. FEDERAL FUNDS If the source of funds for this contract is federal funds, the following federal provisions apply pursuant to 2 C.F.R. 200.326 and 2 C.F.R. Part 200, Appendix II (as applicable): Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40 U.S.C. 3141-3148); Copeland Anti-Kickback Act (40 U.S.C. 3145); Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708); Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387); Debarment and Suspension (Executive Orders 12549 and 12689); Byrd Anti-Lobbying Amendment (31 U.S.C. 1352); Procurement of Recovered Materials (2 C.F.R. 200.322); and Record Retention Requirements (2 CFR 200.324) WAKE COUNTY, NORTH CAROLINA By: Wake County Department Head Date: PROVIDER By: Date: By: Wake County Manager or Designee Mailing Address Date: This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. FINANCE DIRECTOR The person responsible for monitoring the contract performance requirements is Department Head Initials 14