3-25-114 EWTS Truck Scale FINAL.pdf

Page: 1 BID No. 25-114 BIDDER: __________________________________________________

County of Wake INVITATION FOR BID NUMBER: 25-114 Finance / Procurement Services – Room 2902

Wake County Justice Center – 2nd Floor

301 S. McDowell Street

Bids will be publicly opened in Bonfire:

November 19, 2025 at 3:00pm

Raleigh, NC 27601 Contract Type: Purchase with Installation

Refer ALL Inquiries to: Ty Stephens Commodity: Transfer Station Truck Scale & Installation

E-Mail: ty.stephens@wake.gov Using Agency Name: Solid Waste Management

(See page 2 for submission instructions.) Agency Requisition No. None

NOTICE TO BIDDERS

SPECIAL NOTE: Procurement Services is located in the Wake County Justice Center. Access is best by using

301 S. McDowell Street, Raleigh, NC 27601

YOU WILL BE REQUIRED TO GO THROUGH SECURITY AND METAL DETECTION IF YOU HAND DELIVER YOUR

BID.

PLEASE FACTOR THIS INTO YOU BID DELIVERY PLANS AS NO EXCEPTIONS WILL BE ALLOWED AND LATE

BIDS WILL NOT BE ACCEPTED.

Sealed bids, subject to the conditions made a part hereof, will be received at this office for furnishing and delivering the commodity as described herein. Refer to page 2 for proper mailing instructions.

Bids submitted via facsimile (FAX) machine, or email, in response to this Invitation for Bids will not be accepted. Bids are subject to rejection unless submitted on this form. Late bids, regardless of delivery means, will not be accepted.

Bid/proposal delivery by any courier service may be subject to some access limitations should the delivery person be using hand trucks or carts. This should be factored into your delivery decisions.

Delivery date: ____________________________ (Bidder is urged to state earliest guaranteed delivery.)

BID EXECUTION

In compliance with this Invitation for Bids, and subject to all the conditions herein, the undersigned offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this bid, I certify that this bid is submitted competitively and without collusion (G.S. 143-54).

Unless stated otherwise within this document, Wake County, upon mutual agreement with the vendor, may purchase additional quantities at the same or better pricing for one (1) year from date of contract award.

Failure to execute/sign bid prior to submittal shall render bid invalid.

BIDDER: FEDERAL ID OR SOCIAL SECURITY NO.

STREET ADDRESS: P.O. BOX: ZIP:

CITY & STATE & ZIP: TELEPHONE NUMBER: TOLL FREE TEL. NO

(800)

TYPE OR PRINT NAME & TITLE OF PERSON SIGNING: FAX NUMBER:

AUTHORIZED SIGNATURE: DATE: E-MAIL:

Page: 2

Offer valid for 60 days from date of bid opening unless otherwise stated herein. Prompt Payment Discount: _______ % __________________ days (See Instructions to Bidders, Item 7).

SUBMISSION INSTRUCTIONS: Proposers must submit a response through the Wake County’s Bonfire Portal at https://wake.bonfirehub.com

By submitting an electronic response through the Bonfire Portal, a proposer agrees to the following:

• Minimum system requirements: Google Chrome, Microsoft Edge, Safari or Mozilla Firefox. Javascript and browser cookies must be enabled.

• Submission materials should be prepared in the file formats listed under Requested Information for this opportunity in the Bonfire Portal.

• The maximum upload file size is 1000 MB. Documents should not be embedded within uploaded files, as the embedded files will not be accessible or evaluated.

• Any failure of a file to be received, for any reason, will be totally a vendor/submitter responsibility.

TABULATIONS: Tabulations will normally be available not later than three (3) working days after opening.

TRANSPORTATION CHARGES:

FOB Destination: Freight, handling and distribution charges shall be included in the total price of each item listed. Any additional charges included on the invoice shall not be honored for payment, unless authorized by change order by the Wake County. In cases where materials are shipped against this order by parties, other than the Contractor, the shipper must be instructed to show the purchase order number on all packages and shipping manifests to ensure proper identification and payment of invoices. Complete packing list must accompany each shipment.

ADDENDA

It is solely the bidder’s responsibility to ensure they have all necessary information prior to submitting a bid/proposal. This includes any and all addenda. Bidder is to acknowledge all addenda or risk rejection of bid or proposal.

Addenda One_________________ Addenda Two______________ Addenda Three_____________

Addenda Four________________ Addenda Five______________ Addenda Six_______________

Furnish and Deliver:

ITEM

QTY

UNIT

DESCRIPTION

UNIT COST

EXTENDED COST

(See Specifications and Pricing Sheet below, please also enter pricing into Bonfire Pricing Sheet # BT-4700) https://wake.bonfirehub.com/

Page: 3

SCOPE OF WORK:

The intent of this Request for Bids is to purchase and install one (1) low-profile concrete deck truck scale for use at the East Wake Transfer Station located at 840 Corporation Pkwy, Raleigh, NC 27610.

Included in the bid shall also be the cost for removing the existing scale and all applicable components of said scale, the design and installation of the scale foundation/piers, approach slab and concrete slab under the scale. The successful bidder will be required to coordinate their work/activities with the entrance road and scale house manager. Further, the successful bidder will be required to coordinate with the County’s Solid Waste management system software vendor in order to provide scale weight data in a seamless digital format to a computer system within the scale house.

This document contains the bidding requirements along with the technical specifications needed to install the scale, foundations and approach slabs.

GENERAL:

These specifications have been written by the Wake County Facilities Design & Construction for the purpose of replacing the inbound scale at the East Wake Transfer Station, located in the eastern portion of County. The specific details shown herein shall be considered minimum unless otherwise shown and the scale is to be built to these specifications (or better). The specifications, terms and conditions included with this Request for Bids shall govern in any resulting contract(s) unless approved otherwise in writing by Wake County. Bidder consents to jurisdiction and venue in a state court of competent jurisdiction in Wake County, North Carolina.

ACCESSORIES:

All units supplied under this bid request must be complete as specified. 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.

SCALE HOUSE CONTACT:

To schedule an appointment to visit the site prior to submitting a bid, request shop drawings or coordinate foundation & installation please contact scale house Manager, Alison Overstreet (Alison.Overstreet@Wake.Gov) or 919-856-6424 (office) 919-328-9675 (mobile).

mailto:Alison.Overstreet@Wake.Gov

Page: 4

EAST WAKE TRANSFER STATION TRUCK SCALE PRICING SHEET

One Low Profile Concrete Deck Truck Scale (including rub rails) $________________

Foundations and Removal of Existing Scale $___________________ (including approach slab and concrete surface under scale)

Installation, Calibration and State W&M Certification (as required) $____________________

TOTAL COST: $ ___________________

Annual Service and Maintenance Contract – Year 2 $ ______________ Annual Service and Maintenance Contract – Year 3 $ ______________ Annual Service and Maintenance Contract – Year 4 $_____________________ Annual Service and Maintenance Contract – Year 5 $ ______________

Locations where similar scales are in operation:

1. Location:____________________________________ Years in service:

Contact Name and Phone No.______________________________________________________

2. Location:____________________________________ Years in service:

Contact Name and Phone No.______________________________________________________

3. Location:____________________________________ Years in service:

Contact Name and Phone No. ____________________________________________________

4. Location:____________________________________ Years in service:

5. Location:____________________________________ Years in service:

Page: 5

TRUCK SCALE & INSTALLATION SPECIFICATIONS

(October 2025)

PART 1 – GENERAL

1.1 INTENT OF SPECIFICATIONS/SUMMARY

1.1.1 It shall be the intent of these specifications to cover the furnishing, delivery and installation of complete equipment prepared as hereinafter specified. These specifications cover only the general requirements as to the type of construction and test to which the equipment shall conform, together with certain details as to finish, equipment and appliances with which the successful bidder shall conform. Minor details of construction and materials, which are not otherwise specified, are left to the discretion of the contractor, who shall be solely responsible for the design and construction of all features.

1.2 QUALITY ASSURANCE

1.2.1 Equipment proposed by the bidder shall meet the applicable requirements of national, state and local codes and standards as stated in current edition at time of contract execution including the following:

1.2.1.1 National Electrical Manufacturer’s Association (NEMA):

1.2.1.1.1 250, Enclosures for Electrical Equipment.

1.2.1.1.2 ICS 6, Enclosures for Industrial Control and System.

1.2.1.2 National Fire Protection Association (NFPA):

1.2.1.2.1 70, National Electrical Code (NEC).

1.2.1.3 US Department of Commerce, National Institute of Standards and Technology

(NIST):

1.2.1.3.1 National Bureau of Standards Handbook 44.

1.2.1.4 National Type Evaluation Program (NTEP).

1.2.1.5 Scale Manufacturers Association (SMA).

1.2.1.6 State of North Carolina Department of Agriculture and Consumer Services, governing the use of scales, and weights and measures for commercial transactions.

1.2.2 Qualifications:

1.2.2.1 Scale manufacturer shall have the same equipment as specified in operation at a similar solid waste facility for a minimum of 3 years at a minimum of 3 different locations.

1.2.2.2 The scale dimensions, tolerances, materials and construction of the scale system shall comply with the referenced standards and codes listed above.

Page: 6

1.3 SYSTEM DESCRIPTION

1.3.1 Definitions:

1.3.1.1 Scale equipment includes but is not limited to:

1.3.1.1.1 Scale load cells

1.3.1.1.2 Scale platform

1.3.1.1.3 Structural members, including guiderails

1.3.1.1.4 All cables

1.3.1.1.5 Junction boxes and conduit between scale equipment and components

1.3.1.1.6 Digital weight indicator

1.3.1.1.7 Load cell totalizer components

1.3.1.1.8 Connections for load cell totalizer to digital weight indicator

1.3.1.2 Accessories include but are not limited to:

1.3.1.2.1 Hardware interconnection cables and connectors

1.3.1.2.2 Isolators and housings as required for lightning protection

1.3.1.2.3 Cable tags

1.3.1.2.4 Spare fuses

1.3.1.3 Electronic Pitless Truck Scale:

1.3.1.3.1 The work covered in the specifications and shown in the drawings consists of providing three (3) complete electronic truck scale systems.

1.3.1.3.2 Scale shall have a minimum gross capacity of 100 tons and a weighing platform of 70 feet long by 11 feet wide.

1.3.1.3.3 Equipment shall consist of parts designed to act as a unit, by a manufacturer experienced in design, construction and operation of electronic pitless scale equipment for the purpose required.

1.3.1.3.4 The scale weighbridge, load cells, instruments and embedded foundation items should be furnished by the manufacturer.

1.4 SUBMITTALS

1.4.1 Shop Drawings:

1.4.1.1 Detailed dimensions of components and connections.

1.4.1.2 Complete foundation and approach slab design to coordinate with separate scale house contractor’s work. Refer to aforementioned drawings. Area underneath the scale shall have an impervious surface with appropriate sloping for drainage and maintenance purposes – minimum of 4 inches thick of 3000 psi 28-day strength concrete.

1.4.1.3 Design data including loads and clearances

Page: 7

1.4.1.4 Wiring, conduit and power required for hook-up. Refer to aforementioned drawings for what will be provided by the scale house contractor. Required items to provide a complete, operating scale system beyond what is shown on the drawings is the responsibility of the bidder.

1.4.1.5 Coordination with the County’s Solid Waste software vendor’s software, hardware, communications and control equipment.

1.4.2 Operations and Maintenance Manuals:

1.4.2.1 Copies of scale and equipment warranties.

1.4.2.2 Parts list.

1.4.2.3 Shop manuals.

1.4.2.4 Maintenance schedule

1.4.2.4.1 Detailed to anticipated frequency of repairs.

1.4.2.4.2 Recalibration recommendations and required parts for a typical 10- year operating period.

1.4.2.5 List of local suppliers qualified to perform maintenance.

1.4.3 Permits and Certifications

1.4.3.1 State certification that scale has been inspected and tested and is approved for use in commerce transaction weighing. Pay all testing and certification costs on behalf of the County.

1.4.3.2 Permits and approvals required for local construction

1.4.3.3 Manufacturer’s certification of compliance with NIST Handbook 44 and state of North Carolina requirements for commercial weighing.

1.5 DELIVERY, STORAGE AND HANDLING

1.5.1 Schedule delivery of items to site to provide minimum time of on-site storage before installation.

1.5.2 Store all components and accessories off the ground in areas where they will be protected from physical damage, exposure to the environment and theft.

1.6 WARRANTY

1.6.1 All scale equipment and related components shall have a minimum 1-year non-prorated parts and labor warranty from the date of acceptance or State certification, whichever occurs later.

1.6.2 The structure shall have a minimum 5-year warranty against defects in materials and workmanship and damage from normal use.

1.6.3 The electronic components and load cell shall have a minimum 2-year warranty, including lightning damage.

1.6.4 Furnish the name, address and phone number of local service representative who will provide warranty repairs and certify that local service representative will maintain an inventory of spare parts.

Page: 8

PART 2 – PRODUCTS

2.1 ACCEPTABLE MANUFACTURERS

2.1.1 Subject to compliance with the Contract Documents, the following manufacturers are acceptable:

2.1.1.1 Unibridge Scale Systems

2.1.1.2 Emery Winslow Scale Company

2.1.1.3 Fairbanks Scales

2.1.1.4 Mettler Toledo

2.1.1.5 Rice Lake Weighing Systems

2.1.1.6 Cardinal Scale

2.1.2 Requests for “or equal” substitutions must be submitted by the date referred to in the front of this document by which all questions must be submitted. Documentation of an “or equal” must specifically show how the proposed alternative meets or exceeds the specifications contained herein.

2.2 EQUIPMENT

2.2.1 Scale shall be provided in accordance with NIST requirements and have the approval of a Certificate of Conformance by the NTEP.

2.2.2 Concrete Deck Scale:

2.2.2.1 The scale weighbridge shall be a modular configuration, utilizing a truss support system for high strength-to-weight ratio. The scale weighbridge shall be designed such that when under load the steel structure assumes all tension loading and the concrete deck assumes only compression loads.

2.2.2.2 Under the specified load the maximum deflection shall not exceed 1/599th of span and the bending stress in any member shall not exceed 20,000 psi. The deck design shall be for a minimum of 100-psi tire pressure.

2.2.2.3 All welding on the weighbridge structure shall be controlled and all welds shall be either the gas metal, submerged or shielded arc process.

2.2.2.4 Weighbridge construction shall be of the type providing a structure totally enclosed top and bottom to eliminate pockets which would accumulate dirt, debris, external explosive gases, moisture, etc.

2.2.2.5 The internal structure of the weighbridge shall be protected from corrosion by built-in, active, long-term emitting devices that contain a mixture of anti-oxidants, ammonia nitrates and a pH buffer system, if applicable.

2.2.2.6 External steel surfaces shall be cleaned to commercial sandblast specifications and protected with an epoxy finish, in the manufacturer’s standard color, applied to a minimum 3 mil thickness.

2.2.2.7 Total weighbridge thickness shall not exceed 14 inches.

2.2.2.8 The scale shall be self-checking. No check rods shall be used. Scale shall not use the load cells as a checking device.

Page: 9

2.2.2.9 Load cells shall be mounted and securely supported on the foundation.

Load cells shall be galvanized steel or stainless steel to prevent corrosion.

2.2.2.10 The scale must be designed so that the individual load cells can be electronically matched and the scale sections can be electronically calibrated.

2.2.2.11 The contractor/vendor shall furnish concrete foundation and platform of depth sufficient to meet the gross scale weight requirements in accordance with the scale manufacturers drawings and specifications, forming and pouring concrete platform and approach ramps including sufficient reinforcing steel for existing soil conditions.

2.2.2.12 Guide rails shall be installed on both sides of each scale for their full length except for pedestrian crossing areas as called for on the plans.

2.2.3 Instrumentation

2.2.3.1 Contractor/vendor shall supply each scale system with a digital indicator and a digital output compatible with interface with the County’s solid waste management software and hardware system.

2.3 GROUNDING

2.3.1 Furnish grounding for the scale, the load cells, totalizer and equipment per manufacturer’s recommendations.

2.3.1.1 If appropriate, connection can be made to the grounding system supplied by the electrical contractor for the scale house construction.

2.3.2 Surge Voltage Protection:

2.3.2.1 Provide surge voltage protection on scale components.

PART 3 – EXECUTION

3.1 INSTALLATION

3.1.1 Install truck weighing scale as indicated on the approved shop drawings, and in accordance with manufacturer’s recommendations.

3.1.2 Coordinate foundation construction and scale installation with the scale house Manager:

Alison Overstreet, Alison.Overstreet@wake.gov 919.856.6424 office 984.328.9675 mobile

3.1.3 Coordinate seamless and automatic transfer of weight data to the County’s solid waste management software system. The scale contractor shall ultimately be responsible for making sure this transfer of data can occur as needed.

3.1.4 All metal surfaces shall be galvanized or painted with corrosion-resistant epoxy paint.

3.1.5 Supply necessary cables of appropriate length to connect totalizers and the digital weight indicators.

3.1.6 Connect to grounding system as specified and as directed by the scale equipment supplier.

3.1.7 All structural concrete work shall meet or exceed the scale manufacturer’s specifications. The contractor shall perform all demolition of the existing scale, including removal of all debris, and transport it to an offsite facility. All costs associated with removal and disposal shall be included in the contractor’s bid.

mailto:Alison.Overstreet@wake.gov

Page: 10

3.2 FIELD QUALITY CONTROL

3.2.1 Employ and pay for services of scale equipment manufacturer’s field service representative(s) to:

3.2.1.1 Inspect equipment covered by this specification

3.2.1.2 Supervise erection of equipment and adjustments

3.3 OPERATION AND MAINTENANCE

3.3.1 Provide, at no additional cost to Owner, on-site instruction by a manufacturer’s authorized field representative, for up to 8 working hours, to instruct Owners’ personnel in the operation and maintenance of scale and accessories. Owner will give contractor/vendor notice after installation of the equipment as to the dates when instruction will be required.

3.3.2 Demonstrate complete operation and State of North Carolina certification of the scale system prior to its acceptance by the Owner.

3.3.3 Provide annual operation and maintenance contract values for years 2 through 5.

3.4 WORKSITE ACCESS AND OPERATING HOURS

Contractor shall coordinate all work activities to ensure that normal scale operations remain unobstructed during facility operating hours.

At no time shall contractor vehicles, equipment, or personnel block access to any active scale or interfere with daily operations. If the contractor requires the use of a crane or additional space outside the immediate work area of the existing scale, such activities must be scheduled during non-operating hours — specifically after 4:30 PM on weekdays or on anytime on Sundays, unless otherwise approved in writing by a County Solid Waste official.

3.5 SAFETY REQUIREMENTS

The contractor shall maintain safe working conditions at all times and exercise caution when working within or adjacent to an active facility. All personnel must comply with site safety policies and procedures, including coordination with facility staff to ensure the protection of employees, equipment, and the public

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INSTRUCTIONS TO BIDDERS

1. READ, REVIEW AND COMPLY: It shall be the bidder’s responsibility to read this entire document, review all enclosures and attachments, and comply with all requirements specified herein.

2. DEFINITIONS:

• THE COUNTY: Is the County of Wake, North Carolina and its agencies.

• OFFEROR: Company, firm, corporation, partnership, individual, etc., submitting a response to a solicitation.

3. NOTICE TO BIDDERS: All bids are subject to the provisions of the Instructions to Bidders, special terms and conditions specific to this Invitation for Bids, the specifications, and the Terms and Conditions. The County objects to and will not evaluate or consider any additional terms and conditions submitted with a bidder response. This applies to any language appearing in or attached to the document as part of the bidder’s response. DO NOT ATTACH ANY ADDITIONAL TERMS AND CONDITIONS.

By execution and delivery of this document, the bidder agrees that any additional terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect.

4. EXECUTION: Failure to sign the bid response will render bid invalid.

5. ORDER OF PRECEDENCE: In cases of conflict between specific provisions in this bid, the order of precedence shall be (1) special terms and conditions specific to this bid, (2) specifications, (3) Terms and Conditions, and (4) Instructions to Bidders.

6. TIME FOR CONSIDERATION: Unless otherwise indicated on the first page of this document, bidder’s offer shall be valid for 60 days from the date of bid opening. Preference may be given to bids allowing not less than 60 days for consideration and acceptance.

7. PROMPT PAYMENT DISCOUNTS: Bidders are urged to compute all discounts into the price offered. If a prompt payment discount is offered, it will not be considered in the award of the contract except as a factor to aid in resolving cases of identical prices.

8. SPECIFICATIONS: Any deviation from specifications indicated herein must be clearly pointed out; otherwise, it will be considered that items offered are in strict compliance with these specifications, and bidder will be held responsible, therefore. Deviations shall be explained in detail. The bidder shall not construe this paragraph as inviting deviation or implying that any deviation will be acceptable.

9. INFORMATION AND DESCRIPTIVE LITERATURE: Bidder is to furnish all information requested and, in the spaces, provided in this document. Further, if required elsewhere in this bid, each bidder must submit with their bid sketches, descriptive literature and/or complete specifications covering the products offered. Reference to literature submitted with a previous bid will not satisfy this provision. Bids which do not comply with these requirements will be subject to rejection.

10. RECYCLING AND SOURCE REDUCTION: It is the policy of this County to encourage and promote the purchase of products with recycled content to the extent economically practicable, and to purchase items which are reusable, refillable, repairable, more durable, and less toxic to the extent that the purchase or use is practicable and cost-effective.

We also encourage and promote using minimal packaging and the use of recycled/recyclable products in the packaging of commodities purchased. However, no sacrifice in quality of packaging will be acceptable. The company remains responsible for providing packaging that will protect the commodity and contain it for its intended use.

Companies are strongly urged to bring to the attention of the purchasers those products or packaging they offer which have recycled content and that are recyclable.

11. CLARIFICATIONS/INTERPRETATIONS: Any and all questions regarding this document must be addressed to the purchaser named on the cover sheet of this document. Do not contact the user directly. Any and all revisions to this document shall be made only by written addendum from Wake County Procurement Services. The bidder is cautioned that the requirements of this bid can be altered only by written addendum and that verbal communications from whatever source are of no effect.

12. ACCEPTANCE AND REJECTION: The County reserves the right to reject any and all bids, to waive any informality in bids and, unless otherwise specified by the bidder, to accept any item in the bid. If an extended price is obviously in error, the unit price will control.

13. REFERENCES: The County reserves the right to require a list of users of the exact item offered. The County may contact these users to determine acceptability of the bid. Such information may be considered in the evaluation of the bid.

14. TAXES:

• FEDERAL: All agencies participating in this contract are exempt from Federal Taxes, such as excise and transportation.

Exemption forms submitted by the contractor will be executed and returned by the using agency.

• OTHER: Prices offered are not to include any personal property taxes, nor any sales or use tax (or fees) unless required by the North Carolina Department of Revenue.

15. AWARD OF CONTRACT: The County will consider such factors as: prices offered; the quality of the articles offered; the general reputation and performance capabilities of the bidders; the substantial conformity with the specifications and other conditions set forth

Page: 12 in the bid; the suitability of the articles for the intended use; the related services needed; the date or dates of delivery and performance; and such other factors deemed by the County to be pertinent or peculiar to the purchase in question. Unless otherwise specified by the County or the bidder, the County reserves the right to accept any item or group of items on a multi-item bid. In addition, Wake County reserves the right to make partial, progressive or multiple awards: where it is advantageous to award separately by items; or where more than one supplier is needed to provide the contemplated requirements as to quantity, quality, delivery, service, geographical areas; other factors deemed by Wake County to be pertinent or peculiar to the purchase in question.

16. HISTORICALLY UNDERUTILIZED BUSINESSES: The County invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled.

17. CONFIDENTIAL INFORMATION:

Wake County is subject to North Carolina’s Public Records Act located in Chapter 132 of the North Carolina General Statutes. As a result, information submitted to and received by Wake County in response to a Request for Proposal/Request For Bid/Request For Quote/Request for Qualifications, or any other procurement method (collectively “Procurement Process”), is considered public record and may be released for public inspection after the contract award, or as otherwise permitted under NCGS § 143, without further notice to the proposer. The County does not intend to elicit confidential or trade secret information in response to a Procurement Process and assumes no responsibility for the submission of such information. Wake County reserves the right to share any information submitted in response to a Procurement Process with any person(s) or firm(s) involved in the review and evaluation phase of the Procurement Process.

If a proposer nonetheless submits information in a bid proposal or other response to a Procurement Process and it considers such information to be confidential, then all four requirements of NCGS 132-1.2 “Confidential Information” must be met for the County to consider withholding the information from public inspection in response to a public records request. Among other legal requirements, information deemed to be “confidential” or “trade secret” by proposer must be clearly marked as such on the face of the document(s) at the time of the initial disclosure/submittal of RFP. In addition, although not required by law, Wake County requests that any proposer who submits a proposal or response containing any such designation of confidentiality also submit a second copy of the proposal or response with the respective page(s) or section(s) redacted. The County will not agree to withhold an entire proposal or response from public inspection; thus proposers should refrain from including blanket restrictions on disclosure or all-encompassing claims of confidentiality.

When a public records request is made for information contained in or attached to a proposal or response that has been clearly marked as “trade secret” or “confidential” upon its submission, Wake County may, in its discretion and without further notice, release the redacted copy of the proposal or response to the requester if one has been previously submitted. Otherwise, the proposer will be notified of the request and given an opportunity to provide within a reasonable period a written explanation of the basis for claiming protection under N.C.G.S. 66-152 and N.C.G.S. 132-1 and/or a redacted proposal or response. The County shall make the final determination on release of the information. Should any civil action be brought against the County in an effort to compel or prevent the disclosure of information contained in a proposal or response that is deemed confidential by a proposer, the proposer may participate at its own expense; and by deeming any information in a proposal or response confidential, proposer further agrees to indemnify and hold harmless the County for and against any costs incurred by the County as a result of such litigation, including but not limited to fees or expenses arising out of N.C.G.S. 66-153 and N.C.G.S. 132-9.

18. SAMPLES: Sample of items, when required, must be furnished as stipulated herein, free of expense, and if not destroyed will, upon request be returned at the bidder’s expense. Written request for the return of samples must be made within 10 days following date of bid opening. Otherwise the samples will become the property of the County. Each individual sample must be labeled with the bidder’s name, bid number, and item number. A sample, on which an award is made, will be retained until the contract is completed, and then returned, if requested, as specified above.

19. MISCELLANEOUS: Masculine pronouns shall be read to include feminine pronouns and the singular of any word or phrase shall be read to include the plural and vice versa.

20. IRAN DIVESTMENT ACT: 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, 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.

21. E-VERIFY: To ensure compliance with the E-Verify requirements of the General Statutes of North Carolina, all contractors, including any subcontractors employed by the contractor(s), by submitting a bid, proposal or any other response, or by providing any material, https://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_132/gs_132-1.2.html

Page: 13 equipment, supplies, services, etc., attest and affirm that they are aware and in full compliance with Article 2 of Chapter 64, (NCGS64-26(a)) relating to the E-Verify requirements.

22. FEDERAL UNIFORM GUIDANCE: 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)

23. ANTI-DISCRIMINATION: In consideration of signing this Agreement, the Parties hereby agree not to discriminate in any manner on the basis of race, natural hair or hairstyles, ethnicity, creed, color, sex, pregnancy, marital or familial status, sexual orientation, gender identity or expression, national origin or ancestry, marital or familial status, pregnancy, National Guard or veteran status, religious belief or non-belief, age, or disability with reference to the subject matter of this Contract. The Parties agree to comply with the provisions and intent of Wake County Ordinance SL 2017-4. This anti-discrimination provision shall be binding on the successors and assigns of the Parties with reference to the subject matter of this Contract.

General Terms and Conditions for Goods and Services

1. Default and Performance: In the event any equipment, software, or service furnished by the contractor in the performance of any contract awarded by the county should fail to conform to the contract specifications, the County may cancel and procure the articles or services from other sources and hold the Contractor responsible for any excess costs occasioned thereby. The County reserves the right to require performance bond or other acceptable alternative guarantees from the Contractor without expense to the County, if so, indicated in the bid. The rights and remedies of the County provided above shall not be exclusive and are in addition to any other rights and remedies provided by law or under the contract.

2. Governmental Restrictions: In the event any governmental restrictions are imposed that necessitate alteration of the material, quality, workmanship, or performance of the items offered prior to their delivery, it shall be the responsibility of the Contractor to notify the County in writing, at once, indicating the specific regulation that required such alterations. The County reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

3. Availability of Funds: Any and all payments to the Contractor are dependent upon and subject to the availability of funds to the agency for the purpose set forth in this agreement. If funds to affect such payment are not available, the Contractor agrees to take back any affected equipment and products furnished under this contract, terminate any services supplied to the County under this contract, and relieve the County of any further obligation thereof.

4. Taxes: The County of Wake is exempt from Federal excise taxes and no payment will be made for any personal property taxes levied on the contractor or on any taxes levied on employee wages. Applicable State or local sales taxes shall be invoiced as a separate item.

5. Situs: The place of this contract or purchase order, its situs and forum, shall be Wake County, North Carolina, where all matters, whether sounding in contract or in tort, relating to its validity, construction, interpretation and enforcement shall be determined.

6. Governing Laws: This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina.

7. Inspection at Contractor’s Site: The County reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective contractor prior to contract award, and during the contract term as necessary for determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the contract.

8. Payment Terms: Payment terms are Net 30 days after receipt of correct invoice or acceptance of goods, whichever is later.

Payment terms for services are due and payable the month following the month for which charges accrue, or in accordance with the contract payment schedule. The using agency is responsible for all payments under the contract.

9. Affirmative Action: The contractor will take affirmative action in complying with all Federal and State requirements.

10. Condition and Packaging: Unless otherwise provided by special terms and conditions or specifications, it is understood and agreed that any item offered or shipped has not been sold or used for any purpose and shall be in first class condition. All containers/packaging shall be suitable for handling, storage or shipment.

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11. Standards: All manufactured items and/or fabricated assemblies subject to operation under pressure, operation by connection to an electric source, or operation involving a connection to a manufactured, natural, or LP gas source shall be constructed and approved in a manner acceptable to the appropriate state inspector, which customarily requires identification marking of the appropriate safety standard organization; such as the American Society of Mechanical Engineers for pressure vessels; the Underwriters Laboratories and/or National Electrical Manufacturers’ Association for electrically operated assemblies; or the American Gas Association for gas operated assemblies, where such approvals of listings have been established for the type of device offered and furnished. Further, all items furnished shall meet all requirements of the Occupational Safety and Health Act (OSHA), and state and federal requirements relating to clean air and water pollution.

12. General Indemnity: The contractor shall hold and save the County of Wake, its officers, agents and employees, harmless from liability of any kind, including all claims and losses, accruing or resulting to any other person, firm or corporation furnishing or supplying work, services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm or corporation that may be injured or damaged by the Contractor in the performance of this contract and that are attributable to the negligence or intentionally tortuous acts of the Contractor.

13. Advertising/Press Release: The contractor shall not publicly disseminate any information concerning the contract without prior written approval from the County of Wake or its agent.

14. Patent, Copyright, and Trade Secret Protection:

a. No deliverable(s) produced, in whole or in part, under this contract, shall be the subject of an application for copyright or patent by or on behalf of the Contractor, its employees, agents, officers, assigns, or subcontractor(s). The Contractor, at its own expense, shall defend any action brought against the County to the extent that such action is based upon a claim that the equipment or software supplied by the Contractor, or the operation of such equipment pursuant to a current version of Contractor-supplied operating software, infringes a United States patent, or copyright or violates a trade secret. The Contractor shall pay those costs and damages finally awarded against the County in any such action. Such defense and payment shall be conditioned on the following:

1) That the Contractor shall be notified within a reasonable time in writing by the County of any such claim; and,

2) That the Contractor shall have the sole control of the defense of any action on such claim and all negotiations for its settlement or compromise provided, however, that the County shall have the option to participate in such action at its own expense.

b. Should the machines, or software, or the operation thereof become, or in the Contractor's opinion are likely to become, the subject of a claim of infringement of a United States patent, copyright, or a trade secret, the County shall permit the Contractor, at its option and expense, either to procure for the County the right to continue using the equipment or software, or to replace or modify the same so that they become non-infringing and continue to meet bid specifications. If neither of these options can reasonably be taken, or if the use of such equipment or software by the County shall be prevented by injunction, the Contractor agrees to take back such equipment or software and refund any sums the County has paid Contractor less any reasonable amount for use or damage and make every reasonable effort to assist the County in procuring substitute equipment or software. If, in the sole opinion of the County, the return of such infringing equipment or software makes the retention of other items of equipment or software acquired from the Contractor under this contract impractical, the County shall then have the option of terminating the contract, or applicable portions thereof, without penalty or termination charge. The Contractor agrees to take back such equipment or software and refund any sums the County has paid Contractor less any reasonable amount for use or damage.

15. Access to Persons and Records: Pursuant to N.C. General Statutes, and Federal law, the County Auditor, appropriate federal officials, and their respective authorized employees or agents are authorized to examine all books, records, and accounts of the Contractor insofar as they relate to transactions with any department, board, officer, commission, institution, or other agency of Wake County Government pursuant to the performance of this contract or to costs charged to this contract. The Contractor shall retain any such books, records, and accounts for a minimum of three (3) years after the completion of this contract.

16. Assignment: No assignment of the contractor’s obligations or right to receive payment hereunder shall be permitted. However, upon written request and approval by the issuing purchasing authority, the Agency may:

a. Forward the contractor’s payment check(s) directly to any person or entity designated by the contractor, or

b. Include any person or entity designated by contractor as a joint payee on the contractor’s payment check(s).

In no event shall such approval and action obligate the County to anyone other than the contractor and the contractor shall remain responsible for fulfillment of all contract obligations.

17. Termination for Convenience (Service and Indefinite Quantity Contracts Only): The County may terminate this contract, in whole or in part, by giving 30 days prior notice in writing to the Contractor. Such notice of cancellation, as required herein, shall be transmitted via US Mail, email or fax, with receipt confirmed. The 30 days’ notice for termination shall begin on the day the receipt is confirmed.

18. Limitation of Liability:

a. Where equipment is under the County’s exclusive management and control, the Contractor shall not be liable for any damages caused by the county’s failure to fulfill any County responsibilities of assuring the proper use, management and supervision of the equipment and programs, audit controls, operating methods, office procedures, or for establishing all proper checkpoints necessary for the County’s intended use.

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b. The liability amount may be adjusted by the issuing agency based upon a documented total risk assessment, but in no event shall the liability for damages be less than the total value of the contract. The foregoing limitation of liability shall not apply to the payment of costs and damage awards referred to in the Paragraph entitled "Patent, Copyright, and Trade Secret Protection", to claims covered by other specific provisions calling for liquidated damages or specifying a different limit of liability, or to claims for injury to persons or damage to property caused by Contractor's negligence or willful or wanton conduct. This limitation of liability does not apply to the receipt of court costs or attorney's fees that might be awarded by a court in addition to damages after litigation based on this contract.

19. Contractor's Liability for Injury to Persons or Damage to Property:

a. The Contractor shall be liable for damages arising out of injury to the person and/or damage to the property of the County, employees of the County, persons designated by the County for training, or any other person(s) other than agents or employees of the Contractor, designated by the County for any purpose, prior to, during, or subsequent to delivery, installation, acceptance, and use of the equipment either at the Contractor's site or at the County's place of business, provided that the injury or damage was caused by the fault or negligence of the Contractor.

b. Contractor shall not be liable for damages arising out of or caused by an alteration or an attachment not made or installed by the Contractor, or for damage to alterations or attachments that may result from the normal operation and maintenance of the Contractor's equipment.

20. Changes: This order or contract is awarded subject to shipment of quantities, qualities, and prices indicated by the order or contract, and all conditions and instructions of the order and the contract or proposal on which it is based. Any changes made to this order or contract proposed by the contractor is hereby rejected unless accepted in writing by the County. The County shall not be responsible for goods or services delivered without a written purchase order or authorization from the applicable County purchasing authority.

Where the County requests a change, the contractor may submit a request for contract adjustment, which shall be in the form of a complete change proposal fully supported by factual information and shall separately identify all increases and all decreases in costs.

The request shall be submitted by a senior official authorized to bind the Contractor in a signed writing.

21. Price Adjustments (Term Contracts Only): Any price changes, downward or upward, which might be permitted during the contract period, must be general, either by reason of market change or on the part of the Contractor to other customers.

a. Notification: Must be given to the issuing purchasing authority, in writing, concerning any proposed price adjustments. Such notification shall be accompanied by copy of manufacturer’s official notice or other acceptable evidence that the change is general in nature.

b. Decreases: Shall receive full proportionate benefit immediately at any time during the contract period.

c. Increases: All prices shall be firm against any increase for 180 days from the effective date of the contract. After this period, a request for increase may be submitted with the county reserving the right to accept or reject the increase, or cancel the contract.

Such action by the county shall occur not later than 15 days after the receipt of a properly documented request for price increase. Any increases accepted shall become effective not later than 30 days after the expiration of the original 15 days reserved to evaluate the request for increase.

d. Invoices: It is understood and agreed that orders will be shipped at the established contract prices in effect on dates orders are placed. Invoicing at variance with this provision will subject the contract to cancellation. Applicable North Carolina sales tax shall be invoiced as a separate item.

22. Transportation: Transportation of goods shall be FOB Destination. Freight, handling, hazardous material charges, and distribution and installation charges shall be included in the total price of each item. Any additional charges shall not be honored for payment unless authorized in writing by the County.

23. Signature Warranty: Each individual signing warrants that he or she is duly authorized by the Party to sign this contract and bind the Party to the terms and conditions of this contract.

24. Compliance with Laws: The Contractor shall comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of its business, including those of federal, state, and local agencies having jurisdiction and/or authority.

25. Severability: In the event that a court of competent jurisdiction holds that a provision or requirement of this contract violates any applicable law, each such provision or requirement shall be enforced only to the extent it is not in violation of law or is not otherwise unenforceable and all other provisions and requirements of this contract shall remain in full force and effect.

26. Federal Intellectual Bankruptcy Act: The Parties agree that Wake County shall be entitled to all rights and benefits of the Federal Intellectual Bankruptcy Act, Public Law 100-506, and any amendments thereto.