COUNTY OF BURKE ASPHALTING PROJECT REQUEST FOR PROPOSAL

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1 COUNTY OF BURKE ASPHALTING PROJECT REQUEST FOR PROPOSAL Formal, sealed proposals endorsed Asphalting Project Bid # will be received in person, through regular postal mail, or special courier service by the Burke County Purchasing Office, 200 Avery Avenue, P.O. Box 219, Morganton, NC , on or before Wednesday, April 29, 2015 at 2:00 PM local time, immediately followed by the opening and reading aloud of received proposals. Any proposals received after this date and time will not be considered. Contractors must show evidence that they are properly licensed as required by Chapter 87 of the North Carolina General Statutes. Instructions for submitting proposals and complete specifications may be obtained by contacting Chris Hollifield by at by phone at or the Burke County Purchasing Department, 2 nd Floor, 200 Avery Avenue, Morganton, N.C. Burke County reserves the right to reject any or all proposals. **NOTICE OF MANDATORY PRE-BID CONFERENCE** A Mandatory Pre-Bid Conference will be held at 10:00 a.m., Thursday, April 23 rd, 2015 at the Foothills Conference Center located at 2128 South Sterling Street, Morganton, NC The County of Burke will only consider bids from potential vendors in attendance on this date or those in attendance at the April 10 th, 2015 pre-bid conference. SEALED BIDS WILL BE OPENED AT 2:00 PM, April 29, 2015, IN THE AVERY AVENUE BUILDING 1 st FLOOR HUMAN RESOURCES CONFERENCE ROOM. 200 AVERY AVENUE MORGANTON, NC BOBBIE JO BOLLINGER PURCHASING AGENT BURKE COUNTY 200 AVERY AVENUE PO BOX 219 (Zip 28680) MORGANTON, NC TELEPHONE FAX (828) bobbiejo.bollinger@burkenc.org 1

2 Sealed bids for the provision of an Asphalting Project will be received by the County of Burke Purchasing Office (200 Avery Avenue, Morganton, NC 28655) until 2:00 p.m. April 29, 2015 at which time said bids will be publicly opened and read aloud. The bid opening will be at the Avery Avenue Building, 200 Avery Avenue in the 1 st floor Human Resource Conference Room. Any bids received after the specified date/time will not be considered and will be returned unopened. Copies of proposal and specifications may be obtained by contacting Chris Hollifield at the Burke County Purchasing Office at 200 Avery Ave, Morganton, N.C or by phone Each proposal shall be accompanied by a bid deposit equal to five percent (5%) of the total bid price and shall be submitted as cash, cashier s check, certified check, or bid bond in the specified amount. In the event a check is provided as bid bond, it shall be made payable to County of Burke. Bid bonds will be returned upon acceptance of the bid proposal by the County. Facsimile or photo copies of the bid will not be accepted. A Performance Bond, as required in Chapter 3 Article 44A of NC General Statutes, in the amount of one hundred percent (100%) of the total bid price will be required for the faithful performance of the contract and to indemnify the County against loss. Cost for both the Bid and Performance Bond is the responsibility of the Bidder. A Performance Bond will be required of the successful bidder only. The surety must be a substantial surety company satisfactory to the County and authorized by law to do business in the State of North Carolina, and endorsed by a local representative of such surety company. This requirement applies to all contracts of $30,000 or more unless waived by the Board of Commissioners. Each bid must remain effective for sixty (60) days after the bid opening and no bidder may withdraw his bid during that period. In accordance with G.S , the award will be made to the lowest responsible bidder whose proposal is determined to most nearly comply with the specifications. The award will be made within thirty (30) days after the opening of the bids and the successful bidder shall then be allowed ten (10) days in which to accept the award. The Board of Commissioners of the County of Burke reserves the right to accept or reject any and all proposals, waive informalities and to make the purchase that is in the best interest of the County. 2

3 PROPOSAL ASPHALT RESURFACING PROJECT FOR THE COUNTY OF BURKE The County reserves the right to award the contract in any combination deemed to be in the best interests of the County. It is the County s desire to award the entire contract to one company only. Price will not be the sole consideration for award of Contract. All information submitted will be weighted, including past work history and/ or performance, as well as references developed. The following information shall be returned with your bid. Failure to do so shall be ample cause for rejection of bid as non-responsive. 1. Non-Collusion Form (Attachment #1) 2. Acknowledgement of Confidentiality Form (Attachment #2) 3. Reference Disclosure Form (Attachment #3) 4. Bidder s Questionnaire (Attachment #4) 5. E-Verify Affidavit (Attachment #5) Asphalt Resurfacing Project for Individual County Facilities Burke County EMS Base Block of S. Sterling Street Morganton NC Remove and haul off roughly 285 sq. yds. of existing asphalt Condition roughly 2072 sq. yds. of ABC stone base Pave roughly 2072 sq. yds. with 2 of S9.5 B asphalt Stripe parking spaces o lump sum = $ Burke County EMS Base 2 50 Campus Street Connelly Springs NC Clean and tack roughly 470 sq. yds. of existing asphalt Pave roughly 470 sq. yds. with 1.5 of S 9.5 B asphalt Crackfill roughly 200 ln. ft. of cracks o per ln. ft. X = $ Strip parking spaces o lump sum = $ 3

4 Morganton Public Library 204 South King Street Morganton, NC Remove and haul off 450sqyds of existing asphalt Condition 450 sq. yds. of existing ABC stone base Clean and tack roughly 445 sq. yds. of existing asphalt Pave roughly 450 sq. yds. with 2 S 9.5 B asphalt Pave roughly 445 sq. yds. with 1.5 S 9.5 B asphalt Crackfill roughly 150 ln. ft. of cracks o per ln. ft. X = $ Stripe parking spaces o lump sum = $ Burke County Project & New Tax Office 110 North Green St Morganton, NC Crackfill roughly 320 ln. ft. of cracks o per ln. ft. X = $ Stripe parking spaces o lump sum = $ Agriculture Center 130 Ammons Drive Morganton, NC Crackfill roughly 760 ln. ft. of cracks o per ln. ft. X = $ Stripe parking spaces o lump sum = $ Burke County Sheriffs Firing Range 2500 Marsh Trail Morganton, NC Pave roughly 410 sq. yds. with 1.5 S 9.5 B asphalt Replace pavement markings o lump sum = $ 4

5 Burke County Human Resource Center 700 E Parker Rd Morganton, NC Remove and haul off roughly 640 sq. yds. of existing asphalt Condition roughly 640 sq. yds. of ABC stone base Pave roughly 640 sq. yds. with 2 of S 9.5 B asphalt Crackfill roughly ln. ft. of cracks o per ln. ft. X = $ Clean and tack roughly sq. yds. of existing asphalt Pave roughly sq. yds. with 1.5 of S 9.5 B asphalt Strip parking spaces o lump sum = $ Morganton Burke Senior Center 501 N. Green St Morganton NC Clean and tack roughly 1000 sq. yds. of existing asphalt Pave roughly 1000 sq. yds. with 1.5 S 9.5 B asphalt Crackfill roughly 2000 ln. ft. of cracks o per ln. ft. X = $ Stripe parking spaces o lump sum = $ Burke County New Court House 201 South Green St. Morganton, NC Clean and tack roughly 615 sq. yds. of existing asphalt Pave roughly 615 sq. yds. with 1.5 S 9.5 B asphalt Crackfill roughly 150 ln. ft. of cracks o per ln. ft. X = $ Stripe parking spaces o lump sum = $ 5

6 Highway 18 Convenience Center 3836 NC HWY 18 South Morganton, NC Clean and tack roughly 5030 sq. yds. of existing asphalt Pave roughly 650 sq. yds. with 2 S 9.5 B asphalt Pave roughly 5030 sq. yds. with 1.5 S 9.5 B asphalt Replace pavement markings o lump sum = $ Highway 126 Convenience Center - A NC HWY 126 Morganton, NC Clean and tack roughly 4700 sq. yds. of existing asphalt Pave roughly 500 sq. yds. with 2 S 9.5 B asphalt Pave roughly 4700 sq. yds. with 1.5 S 9.5 B asphalt Replace pavement markings o lump sum = $ Highway 64 Convenience Center 3251 US HWY 64 Morganton, NC Remove and haul off 280 sq. yds. of existing asphalt Condition 280 sq. yds. of existing ABC stone base Pave roughly 280 sq. yds. with 4 of I 19.0 B asphalt Pave roughly 560 sq. yds. with 2 of S 9.5 B asphalt Clean and tack roughly 4850 sq. yds. of existing asphalt Crackfill roughly 800 ln. ft. of cracks o per ln. ft. X = $ Pave roughly 4850 sq. yds. with 1.5 S 9.5 B Replace pavement markings o lump sum = $ 6

7 Burke County Landfill 2500 Marsh Trail Morganton, NC Remove and haul off roughly 3735 sq. yds. of existing asphalt Pave roughly 3735 sq. yds. with 4 of I 19.0 B asphalt Pave roughly 3735 sq. yds. with 2 of S 9.5 B asphalt Clean and tack roughly sq. yds. of existing asphalt Pave roughly sq. yds. with 1.5 S 9.5 B asphalt Miscellaneous Paving East Burke Convenience Center Rhodhiss Rd Connelly Springs, NC Remove and haul off roughly 300 sq. yds. of existing asphalt Condition roughly 300 sq. yds. of ABC stone base Pave roughly 300 sq. yds. with 2 of S 9.5 B asphalt Ammons Drive 130 Ammons Drive Morganton, NC Pave roughly 50 sq. yds. with 2 of S 9.5 B asphalt o Total = $ 7

8 Resurfacing Project for all Listed County Facilities Total to provide complete contract: Person to contact regarding this proposal: Title: Phone Fax Name of person authorized to bind the Firm: Signature: Date: Name of Company: Address: 8

9 Burke County Bid Proposal for Asphalt Resurfacing Project April 29, Attachment #1 NON-COLLUSION It is certified that this proposal is made in good faith and without collusion with any other person bidding on this contract or with any officer or employee of the County of Burke. Company Authorized Signature Typed Name and Title Telephone Mailing Address (PO) Box or Street City, State and Zip Code Federal I. D. Number 9

10 1. SCOPE OF WORK ASPHALT RESURFACING PROJECT AGREEMENT CONDITIONS It is the intention of the County of Burke to contract with an entity to provide asphalt resurfacing services to County owned facilities. It is prime importance that all County owned facilities present an image of pride and efficiency. The following is a listing of County owned facilities that will require asphalt resurfacing project: 2. CONTRACT TERMS Burke County EMS Base 1 Burke County EMS Base 2 Morganton Public Library Burke County Services Building/New Tax Office Burke County Sheriff s Firing Range Agriculture Center Burke County Human Resource Center (HRC) on Parker Rd. Morganton Senior Center Burke County Courthouse Burke County Highway 18 Convenience Center Burke County Highway 126 Convenience Center Burke County Highway 64 Convenience Center Burke County Landfill Miscellaneous Paving The base contract term shall begin in April, 2015 and must be completed by June 30 th This contract may be extended at the County s discretion for time necessary to fulfill original terms of the agreement. 3. PERSONNEL All personnel furnished by the Contractor will be employees of the Contractor, and the Contractor will pay all salaries and expenses associated therewith. The Contractor will not subcontract to others any service. 4. INSURANCE The Contractor will provide all proper safeguards and shall assume all risks incurred in performing the Services hereunder. The contractor shall maintain the following minimum insurance coverages and will provide certificate of insurance to the County naming Burke County as additional insured. Such certificates shall provide that the county be given at least thirty (30) days prior written notice of any cancellation of, intention to not renew or material charge in such coverage. Contractor will provide the County with proper certificates when any additions, deletions or changes are made. 10

11 a. Bodily Injury Liability - $1,000,000 per occurrence b. Property Damage Liability - $1,000,000 each occurrence c. Contractor shall maintain statutory Workers Compensation insurance in accordance with the laws of North Carolina. Contractor shall also maintain Employers Liability insurance with limits not less than $1,000,000 per accident and $1,000,000 each employee injury by disease. 5. Damage and/or Theft The Contractor shall be responsible for any theft, loss, or damage to property caused by an employee of the Contractor while such employee is on the premises as an employee of the Contractor, or if such should be a direct result of such employment. 6. SUPERVISION The Contractor shall be responsible for the conduct and performance of employees, and being in compliance with the following rules: a). b). c). Contractor s employees appearing to be under the influence of alcohol or drugs, as determined by Burke County, shall not be permitted on premises, or in any facility; No loud or boisterous conduct will be permitted; The Contractor s employees are not to be accompanied in their work areas on the premises by acquaintances, family members, assistants, or any other person unless said person is an authorized working Contractor employee. 7. SUPPLIES, LABOR AND EQUIPMENT The Contractor shall furnish all labor, supervision, equipment and supplies. 8. INCLEMENT WEATHER The Contractor shall make every reasonable effort to provide services regardless of snow or other inclement weather. In the event the County closes the facility to the public, the Contractor shall be relieved of its responsibility for service during the period of time the facility is closed. The County shall be responsible for notifying the Contractor when County Buildings will be closed due to inclement weather. 9. PAYMENT Payment will be made upon completion based on invoices submitted by the Contractor. Separate invoices must be submitted for each facility to: Burke County Finance Office, P.O. Box 219, Morganton, N.C A single invoice is acceptable as long as individual buildings are listed separately. The County reserves the right to withhold payment for unsatisfactory or nonperformance in accordance with the Terms of the Contract and Scope of Work. The County may 11

12 inspect at any time for compliance with the Terms of the Contract. The Contractor shall receive written notice of deficiencies by copy of the inspection reports from the County or validated complaint letters as submitted to the County prior to withholding monthly payment: A. Whenever nonperformance/unsatisfactory services are performed. The Contractor shall have actual knowledge of work not performed. Whenever the Contractor s performance is unsatisfactory, the County shall issue notice. The Contractor shall reply, in legible writing within 24 hours explaining: 1) The reasons(s) for the unsatisfactory performance: 2) The corrective action(s) to be taken: 3) Procedures to be implemented to prevent recurrence. 10. NON-DISCRIMINATION POLICY Burke County does not discriminate on the basis of race, color, sex, national origin, religion, age or disability. Any Contractors or vendors who provide services, programs or goods for Burke County are expected to fully comply with the County non-discrimination policy. Burke County encourages the participation of minority, women, underutilized and disadvantaged businesses in its contracts. 12

13 Burke County Bid Proposal for Asphalt Resurfacing Project April 29, Attachment # ACKNOWLEDGEMENT OF CONFIDENTIALITY The Contractor and his/her employees shall sign an acknowledgement of confidentially not to divulge any information he/she may happen upon in the course of his/her duties. In connection with my activities as asphalt resurfacing contractor or personnel, I understand and agree to hold all information to unauthorized person. I understand that the divulging of confidential information to unauthorized persons may subject me to either civil action for the collection of monetary damages and/or suspension or dismissal and my employer to termination of this contract. Witness (County Official) Signature Date 13

14 13. REMOVAL OF WASTE MATERIAL The Contractor shall remove and dispose of, in a proper manner, all waste material and debris from all facilities. 18. CHANGE IN SCOPE OF WORK The County reserves the right to change or reduce the scope of work. The County may order changes in the scope of the contract at no additional cost to the County. If other and/or new County facilities require asphalt resurfacing service during the term of this contract, the County reserves the right to either bid its requirements for added facilities separately, or to negotiate with a Contractor for these services, using the contract pricing for similar facilities as a reference for negotiations. The County shall select the option which is deemed to be in its best interest. 19. ADDITIONAL INFORMATION Questions concerning this bid document should be directed to Bobbie Jo Bollinger, Purchasing Agent, PO Box 219, Morganton NC , phone (828) , and bobbiejo.bollinger@burkenc.org. No questions will be accepted two (2) days prior to the date set for bid opening. 20. CANCELLATION Either party may terminate this Contract with thirty (30) days written notice to the other party. The Contract may be terminated immediately as a result of violation of the conditions of the agreement. 14

15 Burke County Bid Proposal for Asphalt Resurfacing Project April 29, Attachment # 3 REFERENCE DISCLOSURE FORM 1. Company Name Contact: Phone Number: Area Cleaned: Size: Type: Job Dates: Beginning End 2. Company Name: Contact: Phone Number: Area Cleaned: Size: Type: Job Dates: Beginning End: 3. Company Name: Contact: Phone Number: Job Dates: Beginning End: All bidders shall include, with their bids, a list of at least three (3) current references for whom comparable work has been performed. For this solicitation, comparable work is defined as asphalt resurfacing equal to or larger than the smallest location you are bidding on for the County. 15

16 Burke County Bid Proposal for Asphalt Resurfacing Project April 29, Attachment #4 22. BIDDERS QUESTIONAIRE THE UNDERSIGNED GUARANTEES THE TRUTH AND ACCURACY OF ALL STATEMENTS AND ANSWERS THEREIN CONTAINED. 1. How long has your company been in business? 2. List below, or on an attachment, all pertinent information and/or date that indicated your company s ability to satisfactorily perform to the terms of the contract. 3. Have you personally inspected the proposed work site(s)? Do you have a complete plan for performance of the work? 4. Has your firm ever failed to perform satisfactorily or defaulted on awarded contracts 5. State the true, exact, correct and complete name of your company: Location of Business Is business full or part-time? Number of persons employed on regular basis Is your office staffed during normal daily working hours? Are you licensed to do business in the State of N.C.? Signature 16

17 Burke County Bid Proposal for Asphalt Resurfacing Project April 29, Attachment #5 STATE OF NORTH CAROLINA AFFIDAVIT COUNTY OF BURKE NOW COMES Affiant, first being sworn, deposes and says as follows: 1. I am an officer or director of (the Company ), with full power, authority and knowledge to execute this Affidavit; 2. The Company has submitted a bid for contract or desires to enter into a contract with Burke County: 3. As part of my duties and responsibilities pursuant to said bid and/or contract, I attest that I am aware of, and the Company is in compliance with, the requirements of E-Verify, Article 2 of Chapter 64 of the North Carolina General Statutes, to include (mark which applies); After hiring an employee to work in the United States, the Company verifies the work authorization of said employee through E-Verify and retains the record of the verification of work authorization while the employee is employed and for one year thereafter; or The Company employs less than twenty-five (25) employees in the State of North Carolina, which exempts it from E-Verify responsibilities under North Carolina law. 4. As part of my duties and responsibilities pursuant to said bid and/or contract, I attest that to the best of my knowledge any subcontractors employed as a part of his bid and/or contract are in compliance with the requirements of E-Verify, Article 2 of Chapter 64 of the North Carolina General Statutes, to include (mark which applies); After hiring an employee to work in the United States, the subcontractor verifies the work authorization of said employee through E-Verify and retains the record of the verification of work authorization while the employee is employed and for one year thereafter; or Employ less than twenty-five (25) employees in the State of North Carolina, (which exempts it from E-Verify responsibilities under North Carolina law). Specify subcontractor:. This the day of, Affiant Title Sworn and subscribed before me, this the day of, My commission expires Notary Public 17

18 23. CONTRACTOR S PLAN OF OPERATION: Schedule of Work: The Contractor will provide to the County a schedule of the work plan by area. The plan will be required seven (7) days after notice to proceed is given. 24. PROBLEMS The Contractor shall report promptly to the County any deficiencies and/or any unsafe conditions. 18

19 INSTRUCTION TO BIDDERS 1. Sample of items, when required, must be furnished free of expense, prior to the opening of the bids, and if not destroyed, will upon request, be returned at the bidder s expense. Request for the return of samples must be made within 10 days, following opening of bids. Each individual sample must be labeled with bidder s name and item number. 2. Prices should be stated in units of quantity specified with packing included. 3. If the item bid upon has a trade name or brand, such trade name or brand must be stated in the bid. 4. Attach complete specifications for any substitution offered, or when amplification is desirable or necessary. 5. If descriptive matter is attached to bid, bidder s name must be on sheet containing descriptive matter. 6. Where a brand or trade name appears in the specifications it is understood that it refers to that matter or its equivalent. 7. Please address and mark your bid as shown below. BID REQUEST NO # County of Burke Purchasing Office P.O. Box 219 Morganton. N.C SEALED BID ON Asphalt Resurfacing Project TO BE OPENED April 29, :00 PM If forwarding other than by mail, delivery must be made directly to County of Burke, Purchasing Office, 200 Avery Avenue, Morganton, N.C. (Second Floor). 19

20 CONDITIONS 1. All bids and proposals shall be for furnishing apparatus, supplies, materials, equipment and/or work and services in accordance with the applicable plans and specifications prescribed by the County of Burke. From the date shown until the date of opening the proposals, the plans and specifications of the proposed work and/or a complete description of the apparatus, supplies materials or equipment and/or work and services are and will continue to be on file in the office of the Purchasing Agent for Burke County, during usual office hours, and available to prospective bidders. 2. The County reserves the right to evaluate all bids especially where there is a widerange in specifications or to reject any and all bids and proposals, and further specifically reserves the right to make the award that is in the best interest of the County of Burke. 3. The bidder to whom the contract is awarded must comply fully with the requirements of General Statutes, Section as amended, including entering a County prepared contract and the furnishing of a satisfactory surety bond in the full amount of the contract price to guarantee faithful performance of the contract. 4. Time, in connection with discount offered, will be computed from date of delivery of the supplies or materials on delivery at destination when final inspection and acceptance are those points, or from date correct invoice is received, if latter is later than the date of delivery. Guaranteed maximum price must be shown in bids. 5. In case of default of the Contractor, the County may procure the articles or services from other sources and hold the Contractor responsible for any excess cost occasioned thereby. 6. Payment by County is due to the Contractor thirty days after services are completed to Burke County and inspection less otherwise specifically provided, subject to any discount allowed. 7. The County may at its option purchase additional services under the terms, and at the same prices, contained in the contract. However, the vendor may decline the option for any such contract extension. 8. Bids must be returned in its entirety. Incomplete bids submitted will be considered invalid and rejected on these grounds. 9. All addenda to this bid package will be issued in writing. Verbal changes or discussions of changes will not be binding on this proposal. 10. All bids whose amounts place in the formal range require the final approval of the County of Burke Board of Commissioners who meet the third Tuesday of each month at 6:00 p.m. (except July when no first meeting is held). 20

21 11. In case of default by the bidder, Burke County will retain the bid deposit or call upon the bid bond surety unless otherwise provided by law. 12. Bidders will receive written confirmation of bids received and which contractor is the apparent low bidder. All other information, except that specifically noted by the bidder as being of a confidential nature, becomes public record in accordance with GS 132 and other applicable NC laws. 13. A Material Safety Data Sheet (MSDS) must be furnished to Burke County for all products used that contain hazardous components. 14. The County accepts no responsibility for any expense incurred by the bidder in the preparation and presentation of a bid, such expenses to be borne exclusively by the bidder. 15. Each bidder may be required, before the award of any contract, to show to the complete satisfaction of the County that it has the necessary equipment, facilities, ability, and financial resources to furnish the service or material specified herein in a satisfactory manner. The bidder may also be required to show history and references, which will enable the County to be satisfied as to the bidder s qualifications. Failure by the Contractor to qualify according to the foregoing requirements will result in bid rejection by the County. 16. The County has the right to waive minor defects or variations from the exact requirements of the specifications in a bid, which do not affect price, quality, quantity, or delivery schedule of the goods, services, or construction being procured. If sufficient information is submitted for the County to properly evaluate the bid by a bidder, the County has the right to require such additional information as it may deem necessary after the bid opening time and date, provided that the information requested does not change the price, quality, quantity, or delivery schedule for the goods, services, or construction being procured. 17. All funds for payments by the County under this Contract are subject to the availability of an annual appropriation for this purpose by the County Board of the County of Burke. In the event of non-appropriation of funds by the Board of the County Burke for the goods or services provided under the Contract or substitutes for such goods or services which are as advanced or more advanced in their technology, the County will terminate the Contract, without termination charge or other liability of the County, on the last day of the then current fiscal year or when the appropriation made for the then current year for the services covered by this contract is spent, whichever event occurs first. If funds are not appropriated at any time for the continuance of this contract, cancellation will be accepted by the Contractor on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the County Board of Burke County shall not be obligated under this contract beyond the date of termination. 18. Any damage to finished surfaces resulting from work performed under this contract shall be repaired to the County s satisfaction at the Contractor s expense. 21

22 The Contractor shall comply with and ensure that the Contractor s personnel and subcontractor personnel comply with all current applicable local, state and federal policies, regulators and standards relating to safety and health, including, by way of illustration and not limitation, the standards of the NC Occupational Safety and Health Administration for the General Industry and the Construction Industry. The Contractor shall provide or cause to be provided all technical expertise, qualified personnel, equipment, tools, and material to safely accomplish the work specified to be performed by the Contractor and subcontractor(s). 19. The Contractor shall identify to the County Engineer, or designee, at least one on-site person who is the Contractor s competent, qualified, authorized person on the worksite and who is, by training or experience, familiar with policies, regulations and standards applicable to the work being performed. The competent, qualified or authorized person must be capable of identifying existing and predictable hazards in the surroundings or working conditions which are unsanitary, hazardous or dangerous to employees, shall be capable of ensuring that applicable safety regulations are complied with, and shall have the authority and responsibility to take prompt corrective measures, which may include removal of the Contractor s personnel from the work site. The Contractor shall provide to the County, at the County s request, a copy of the Contractor s written safety policies and safety procedures applicable to the scope of work. Failure to provide this information within seven (7) days of the County s request may result in cancellation of the award. 20. The Contractor covenants to save, defend, hold harmless, and indemnify the County, and all of its officers, department agencies, agents, and employees from and against any and all claims, losses, damages, injuries, fines, penalties, costs (including court costs and attorney s fees), charges, liabilities, or exposure, however caused, resulting from, arising out of, or in any way connected with the Contractor s intentional, negligent, or grossly negligent acts or omissions in performances or nonperformance. 21. The Contractor certifies that is does not and will not during the performance of the Contract employ illegal alien workers or otherwise violate the provisions of the federal immigration Reform and Control Act of All goods are purchased F.O.B point of delivery in Burke County. All costs for transportation charges to the designated point of delivery shall be borne by the Contractor. 23. The Contractor shall not assign, transfer, convey, sublet, or otherwise dispose of any award, or any or all of its rights, obligations, or interests under this contract, without the prior written consent of the County. 24. It is the County s intent that this solicitation permits competition. It shall be the bidder s responsibility to advise the County if any language, requirements, or specifications restrict or limit the purchase to a single source, Such notification must be received by the County Purchasing Agent not later than five (5) working days prior to the date set for bid opening. A review of such notifications will be made and the bidder notified of the results of the review. 22

23 25. During the performance of this contract, the Contractor agrees to provide a drug-free workplace for the Contractor s employees: post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in the Contractor s workplace and specify the actions that will be taken against employees for violations of such prohibition. 26. Contractor shall operate from a business office served by a phone that is open for business during hours of 9:00 a.m. and 5:00 p.m., Monday through Friday. This means that any general call made between 8:00 a.m. and 12:00 Noon should be answered before 5:00 p.m. of the same day and any call made between 12:00 Noon and 5:00 p.m. should be answered by 12:00 Noon the next day. 27. LATE bids will be returned to the bidder UNOPENED, if Bid numbers, opening date and bidder s return address is shown on the submitted envelope. 28. Smoking, the consumption of alcoholic beverages or the use of illegal substances are not allowed in County facilities or on County premises at any time and will not be tolerated. 29. In addition to the above requirements, the successful bidder is responsible for compliance with all applicable local, state and federal laws, including all state and local permits, licenses and fees. 23

24 BID REQUEST NO GENERAL INFORMATION AND REQUIREMENTS PRICE: Price quoted shall be net and shall include delivery of new equipment or service, all transportation and delivery charges prepaid to the point of delivery indicated in the proposal, fully equipped as indicated herein and in the proposal. Price shall also include the service of trained personnel of the awarded company. AWARD: All equipment or services listed is for a particular use by the County in which department/division it is to be in service and must meet the requirements of that particular department for service as interpreted by the Purchasing Office. Delivery must be shown in bid, and guaranteed date of delivery at the discretion of the County of Burke can be taken into consideration making award. INFORMATION TO BE FURNISHED WITH BID: The bidder must submit with bid detailed specifications of equipment or services he/she proposes to use in completing project. If equipment or services offered differs from the provisions contained in these specifications, such differences must be explained in detail. Such bids will receive careful consideration if deviations do not depart from the intent of this specification and are to be the best interest of the using department/division as interpreted by the Purchasing Office. GENERAL INFORMATION AND REQUIREMENTS SERVICE LITERATURE: The company or companies to whom this business is awarded must agree to furnish, along with the equipment, if required, two (2) complete sets of operator s instructions, service and complete manufacturer s parts catalogs furnished to the Purchasing Office, upon request, before payment of invoice will be made. This price list is to show the current parts numbered, descriptions, and list price of parts as listed by the manufacturer, discount from list prices, if any, and terms of payment. GENERAL: Material and workmanship of the equipment or services shall be in keeping with the design incorporating specifications under each item. Facts contained in attached questionnaires (if attached and made a part of this request) and availability of service and repair parts will be used in evaluating all bids. The right is reserved to require the bidders to furnish acceptable proof in the form of certifications, that the equipment as bid equals or exceeds the requirements of specifications. QUALIFICATION OF BIDDER: No bid will be considered unless the firm submitting the bid can meet the following conditions, that it has in operation a factory adequate for and devoted to the manufacture of the equipment which it proposed to furnish, and maintains a service agency within a reasonable distance of the manufacturer, a certificate executed by the manufacturer may be required, stating that bidder is an authorized agent, and that all the qualifications and all the requirements of this specification and the proposal are complied with. 24

25 BRAND NAMES: Any reference to brand names in the specification is made to aid the bidder and indicates more clearly the quality desired and is not done to limit or restrict the bidding to any particular brand. ACCESSORIES: Any appurtenances, accessories, or services not mentioned in the specifications, but necessary to furnish a complete unit, ready for use upon delivery, shall be furnished. BIDS WILL BE OPENED AT THE DATE AND HOUR AS STATED IN THIS PROPOSAL AND NO BID RECEIVED AFTER THE DATE AND HOUR AS SET FORTH HEREIN WILL BE ACCEPTED OR CONSIDERED. The County reserves the right to reject any or all bids, waive technicalities, and to be the sole judge of suitability of the equipment or services for the use by the County for intended purposes. Factors to be considered in awarding the bid will be price, quality, time required to make delivery, availability of repair parts, and service on equipment offered. The contract will be awarded after evaluation of all bids has been made, and in the interest of suitability to the County s need and/or economy, equipment, furnishings or service other than the cheapest in price, may be selected. All forms must be properly signed. All checks submitted, as bid deposit must be certified. All bid bonds must be signed by principal and Attorney-in-fact with Power of Attorney attached. When a Performance Bond is necessary to enter into formal contract with successful bidder, bond must be furnished by bidder without additional cost to the County. QUESTIONS: Questions regarding this bid document may be directed to: BOBBIE JO BOLLINGER PURCHASING AGENT PHONE bobbiejo.bollinger@burkenc.org TAXES: No taxes shall be included in the bid price. State and local taxes are not to be included in quotes but they are to be added later, if applicable, to all invoices shown as a separate item for payment. PRICE: Price quoted shall be net and shall include delivery of new equipment or service, all transportation and delivery charges prepaid to the point of delivery indicated in the proposal, fully equipped as indicated herein and in the proposal. CHANGES: The successful bidder shall not make changes to the materials after an agreement has been executed unless authorized to do so by the Burke County Engineer in writing. 25