Bid 101-24C Ceiling Grid & Tile Replacement - Center Street.pdf

Invitation for Bid

Bid Title:

Ceiling Grid & Tile Replacement (Federal Funded)

Bid No. 101-24C

Date of Issue: August 29, 2024 Bids Due: September 12, 2024

Issued By:

Onslow County Purchasing Department

234 NW Corridor Blvd.

Jacksonville, North Carolina 28540

Phone: (910) 455-1750

Issued For:

Richard Hoffman

Asset & Facility Management Director 234 NW Corridor Blvd.

Jacksonville, NC 28540

INVITATION TO BID

August 29, 2024

Onslow County 234 NW Corridor Blvd.

Jacksonville, NC 28540

Project Name: Ceiling Grid & Tile Replacement

Onslow County Center Street Facility

Pursuant to N.C.G.S. 143-131, the County is accepting bids from contractors for a ceiling grid and tile replacement at the following Onslow County Building location: 165 Center Street, Jacksonville, NC 28540.

A contract will be awarded to the contractor for the removal and installation of a new ceiling grid and ceiling tiles under Bid No. 101-24C. Bids will be accepted by the County until 2:00 p.m. on September 12, 2024.

No bid will be accepted after this time. There will be no formal bid opening. The County will receive bids and will notify bidders after the award.

Copies of the specifications and bid forms may be obtained by applying to the County’s Purchasing Department, phone (910) 455-1750, during regular business hours of 8AM until 5PM.

A Pre-Bid Conference will be held on September 4, 2024, at 9:00 AM at 165 Center Street, Jacksonville, NC 28540. A site visit will follow immediately after the meeting. It is highly recommended that all bidders attend. Bidders will be responsible for measurements and will need to be obtained during this meeting.

Contracts for work under this bid will be governed by all applicable laws, ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project. This project will be funded by Federal funds therefore bidders will be required to adhere to Federal regulations.

The County encourages participation by small, minority, disabled, and woman-owned businesses. The County of Onslow reserves the right to reject any and/or all bids.

Christina Russell, CLGPO Purchasing Division Head

PRE-BID CONFERENCE AND SITE VISIT:

A pre-bid conference and site visit will be held at 9AM on September 4, 2024, at 165 Center Street, Jacksonville, NC 28540. Bidders are urged to attend the conference and site visit. The purpose of the meeting is to provide Bidders with the opportunity to discuss the Project with the Owner. Any clarifications, corrections, or changes to the Bidding Documents resulting from the meeting will be included in an Addendum. A site visit will immediately follow the meeting. Ceiling measurements will be required by the Bidder and access will be granted during the site visit to the Bidders. No other opportunity will be permitted for Bidders to obtain measurements.

PREPARATION OF BID:

Bids shall be submitted on the forms included in the Bidding Documents. The Bid Form shall not be altered in any way.

A Bidder shall prepare its Bid by inserting total square feet for the ceiling grid measurements along with the amounts for each phase of work on the Bid Form. Bidder shall compute and enter the computed total amount for phase 1 & 2 as total bid cost in the space provided on the Bid Form. Sums shall be expressed in both words and figures. In case of discrepancy, the amount written in words shall govern.

The Bid shall not contain any unauthorized additions, deletions, or conditional bids.

The Bidder shall not add any provisions reserving the right to accept or reject an award, or to enter into a contract pursuant to an award.

Alternate bids will not be considered unless specifically called for.

SUBMISSION:

Bids must be submitted on the forms contained herein. Bids will be received at the Office of the Onslow County Purchasing Department, 234 NW Corridor Blvd., Jacksonville, NC 28540 until 2:00 PM EST, September 12, 2024. No bid will be accepted after the official time and date.

Bidder shall assume full responsibility for timely delivery at the location designated for receipt of bids. Bids received by mail or otherwise after the date and time specified will not be accepted and will be returned to the Bidder unopened.

Oral, facsimile, email, or other electronic bids will not be considered.

INTREPRETATIONS AND ADDENDA:

The Bidder shall carefully study the bidding documents and shall examine the site and local conditions. Any errors, inconsistencies or ambiguities discovered shall be reported. All questions or concerns related to the meaning or intent of the Bidding Documents shall be submitted in writing to the Onslow County Purchasing Division Head, Christina Russell, 234 NW Corridor Blvd., Jacksonville, NC 28540.

In order to receive consideration, questions must be received no later than 12:00 noon, September 6, 2024.

Written questions may be emailed to Christina_Russell@onslowcountync.gov

Interpretations or clarifications considered necessary by Owner in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Owner as having received the Bidding Documents.

Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

Addenda may also be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner. All changes in specifications shall be in writing in the form of an addendum and furnished to all bidders recorded by Owner as having received the Bidding Documents.

It shall be the responsibility of the Bidder to ensure that he/she has received all addenda issued prior to submitting a Bid. Acknowledgement of receipt of all addenda shall be made by each bidder in the space provided in the Bid Form.

No allowance will be made after bids are received for oversight by Bidder. Negligence on the part of the Bidder in preparation of their Bid shall not be grounds for the modification or withdrawal of a Bid after the date and time bids are due.

MODIFICATION OR WITHDRAWAL OF BID:

Withdrawal Prior to Bid Opening:

A. A Bidder may withdraw its Bid without penalty at any time before the time and date bids are due.

Request to withdraw a bid must be submitted in writing to the Owner. Upon receipt of such written notice, the unopened Bid will be returned to the Bidder.

Modification Prior to Bid Opening:

A. If a Bidder wishes to modify its Bid, Bidder must withdraw its initial Bid in the manner specified above “Withdrawal Prior to Bid Opening” and submit a new Bid.

Withdrawal After Bid Opening:

A. A Bidder may request that his Bid be withdrawn from consideration without forfeiture of his Bid security (if required) in accordance with the provisions of North Carolina General Statute 143-129.1.

OPENING OF BIDS:

Informal bids will be opened in accordance with N.C.G.S. 143-131. This is NOT a public, formal bid opening.

The County will keep a record of all bids submitted. This record is not subject to public inspection until the contract(s) has been awarded.

EVALUATION OF BIDS AND AWARD OF CONTRACT:

The award of the contract(s) will be made to the lowest responsible and responsive bidder taking into consideration quality, performance, experience, and the time specified in the bidding documents for the performance of the contract. Responsible bidders must have the ability, skill, judgement, and integrity necessary to faithfully perform the contract, and have sufficient financial resources to complete the contract.

Owner reserves the right to reject any or all Bids, including without limitation the right to reject any or all nonconforming, non-responsive, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. Owner also reserves the right to waive any informality not involving price, time, or changes in the Work.

Owner reserves the right to reject any Bid not accompanied by specified documentation.

Owner reserves the right to reject any Bid that, in its sole discretion, is considered to be unbalanced or unreasonable as to the amount bid for any lump sum or unit price item.

In evaluating Bids, Owner will consider the qualifications of Bidders, whether or not their Bids comply with the prescribed requirements, the alternatives, if any, the lump sum and unit prices, and other data as may be requested in the Bid Form or prior to the Notice of Award.

Owner will take into consideration the past performance of the Bidder on construction contracts with particular concern given to completion time, quality of work, cooperation with other contractors, and cooperation with Owner.

Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications and financial ability of the Bidders to perform the Work in accordance with the Contract Documents. Owner reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to Owner's satisfaction.

QUALIFICATIONS OF BIDDERS:

To be eligible to respond to the Invitation for Bid, the Bidder certifies, by submission of this Bid, that neither it nor its principles is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation of this transaction by any state or federal department or agency.

Bidders shall be experienced in the kind of Work to be performed, shall have the necessary equipment therefore, and shall possess sufficient capital to properly execute the Work within the time allowed. Bids received from Bidders who have previously failed to complete work within the time required, or who have previously performed similar work in an unsatisfactory manner, may be rejected. A Bid may be rejected if Bidder cannot show that Bidder has the necessary ability, resources, and equipment to commence the Work at the time prescribed and thereafter to prosecute and complete the Work at the rate or within the time specified. A Bid may be rejected if Bidder is already obligated for the performance of other work which would delay the commencement, prosecution, or completion of the Work.

EXAMINATION OF CONDITIONS:

Each bidder shall, by careful examination, satisfy himself as to the nature and location of the Work, the conformation of the building, ground, the character, quality, and quantity of the facilities needed preliminary to and during the prosecution of the Work, the general and local conditions, and all other matters which can in any way affect the Work or the cost thereof under the Contract.

The failure or omission of any Bidder to thoroughly examine and familiarize himself with the Contract Documents or to receive or examine any form, instrument or document or visit the site an acquaint himself with the conditions there existing shall in no way relieve any Bidder from any obligation in respect to his bid.

DISQUALIFICATION OF BIDDERS:

More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

BID BOND:

No bid bond is required for these projects.

PERFORMANCE AND PAYMENT BONDS:

A Performance and Payment Bond may be required for this project. Performance and Payment Bonds, issued in accordance with Article 3 of Chapter 44A of the General Statutes, each having a penal sum in the full amount of the contract sum, will be required by the awarded contractor.

CONTRACT:

The award of contracts under this solicitation will be paid with federal funding. Funding is contingent upon compliance with all terms and conditions of funding award. All prospective contractors shall comply with all applicable Federal laws, regulations, executive orders, FEMA requirements and the terms and conditions of the funding award. In addition, contractors providing submittals shall be responsible for complying with State law and local ordinances. A copy of the county’s contract agreement is attached with Federal guidance.

COMMENCEMENT OF WORK:

Upon execution and delivery of the Contract and insurance certificates and policies, the Contract will be issued a Purchase Order and a fully executed contract. The Work shall be commenced within 15 days following such notification or as otherwise specified.

CONTRACT TIME FOR COMPLETION:

The awarded contractor shall achieve completion of the removal of existing ceiling grid and tiles 15 calendar days from the date of such notification or as otherwise specified. The awarded contractor will be notified by owner once HVAC and painting has been completed to achieve completion of installing the new ceiling grid and tiles. Work shall be completed within 45 days after notification to begin work by owner.

INSURANCE/SAFETY REQUIREMENTS:

Bidder is required to submit a Certificate of Insurance showing proof of insurance with their submitted bid.

Bidder is responsible for providing their own Safety PPE, required by OSHA, for all employees while on the County job site.

Scope of Work:

Ceiling Grid and Tile Removal and Replacement:

Bidder is responsible for determining the exact square footage of the ceiling grid and tiles which is approximately 22,500 square feet. County will not be responsible for any shortage of materials by Bidder. No Change Order will be allowed at the County’s expense in relation to shortage of materials due to incorrect measurements by Bidder. Measurements will be obtained by Bidder during Pre-bid Conference. A dumpster will be provided onsite by County to be used by awarded Contractor. Contractor will be responsible for clean up during the day as well as before leaving job site daily.

The County is requesting bids for removal and replacement of ceiling grid and ceiling tiles within the 1st and 2nd floor of the building.

Phase 1 Contractor will tear out ceiling grid and tiles on the 1st and 2nd floor of building within 15 days from the date of such notification or as otherwise specified. Insulation will be removed but saved to be reinstalled by Contractor in same location as removed. Contractor will be notified once additional Contractors have completed work within building. Owner will contact Contractor to schedule completion of work under Phase 2.

Phase 2 Contractor will commence with installing new ceiling grid and ceiling tiles on 1st and 2nd floor of building. Placing insulation that was saved back in the same location as removed. Work shall be completed within 45 days of notification to begin Phase 2 by Owner.

Ceiling Grid:

Grid Color: White Grid Style/Size: Prelude 15/16 inch, 24”x24” or comparable

Ceiling Tiles:

Tile Color: White Tile Size: 24”x24”, textured square-edged panels Tile Style: Model 949 Armstrong or comparable

Warranty Contractor shall provide a 1-year workmanship warranty for the installation of work. This warranty shall cover any cost for repairs and labor during the 1-year warranty.

Bid Proposal Form

165 Center Street

The undersigned, as Bidder, proposes and agrees, if the following Bid Proposal is accepted, to contract with the County of Onslow, in the form of a contract, as issued by the County of Onslow to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and labor necessary to complete the Ceiling Grid & Tile replacement in accordance with the bid documents, specifications, and contract documents, to the full and entire satisfaction of the Owner, the Owner’s Representatives, with a definite understanding that no money will be allowed for extra work as set forth in the General Conditions and the Contract Documents for the following stated sum:

All bid prices must include sales taxes.

Description Price

Materials/Labor/ Warranty:

Ceiling Grid Measurement ___________ square feet

Phase 1 Cost – Removal of old ceiling grid & tiles

Phase 2 Cost – Install new ceiling grid & new tiles

Total Bid Cost: _______________________________________________________________ Dollars ($ )

(Write the numerical amount out)

When can you begin work: ________________________________

Please acknowledge receipt of Addendums. Number of Addendums received: _______

SUBMITTED BY:

Name of Company or Corporation: ___________________________________________

Address: ________________________________________________________________

City/State/Zip: ____________________________________________________________

By: _____________________________________________________________________

Printed Name: ____________________________________________________________

Title: ____________________________________________________________________

Date: ____________________________________________________________________

Reference Request

Please provide a list of three (3) references from completed jobs similar to this bid.

Reference 1:

Company Name: __________________________________________________________

Address: __________________________________________________________

City/State/Zip: __________________________________________________________

Contact Name: ____________________________ Phone: ______________________

Type of job completed. ______________________

Reference 2:

Company Name: __________________________________________________________

Address: __________________________________________________________

City/State/Zip: __________________________________________________________

Reference 3:

Company Name: __________________________________________________________

Address: __________________________________________________________

City/State/Zip: __________________________________________________________

NON-COLLUSION AFFIDAVIT

State of North Carolina Bid 101-24C County of Onslow

____________________________, being first duly sworn, deposes and says that:

l. He/She is the ___________________ (title) of ___________________________ (Contractor’s name), the responder that has submitted the attached response;

2. He/She is fully informed respecting the preparation and contents of the attached response and of all pertinent circumstances respecting such response;

3. Such response is genuine and is not a collusive or sham response;

4. Neither the said responder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly, with any other responder firm or Person to submit a collusive or sham response in connection with the contract for which the attached response has been submitted or to refrain from responding in connection with such contract, or has in any manner, directly or indirectly sought by agreement or collusion of communication or conference with any other responder, firm or person to fix the price or prices in the attached response, if applicable, or of any other responders, or to fix any overhead, profit or cost element of the response price of the response, if applicable, of any other responder or to secure through collusion, conspiracy, connivance or unlawful agreement any advantage against the County of Onslow or any person interested in the proposed contract; and

Signature

Title

NOTARIZE

Subscribed and sworn to before me, This ______ day of ____________________, 202___

Notary Public ______________________________

My Commission Expires: ______________________

STATE OF NORTH CAROLINA AFFIDAVIT OF COMPLIANCE – E-VERIFY

COUNTY OF ONSLOW

I, ____________________________(the individual attesting below), being duly authorized by and on behalf of

________________________________ (hereinafter "Contractor") after first being duly sworn hereby swears or affirms as follows:

1. Contractor understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with Article 2 of Chapter 65 of the North Carolina General Statutes; and

2. Contractor understands that “Employer”, as defined in NCGS§64-25(4), are required by law to use E-Verify to verify the work authorization of the employee through E-Verify in accordance with NCGS§64- 26(a). The term “Employer” does not include State agencies, counties, municipalities, or other governmental bodies.

3. Contractor is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in the state of North Carolina. (mark Yes or No)

a. YES _____, or

b. NO _____

4. Contractor will ensure compliance with E-Verify by any subcontractors subsequently hired by Contractor to perform work under Contractor’s contract with Onslow County.

5. Contractor shall keep the County of Onslow informed of any change on its status pursuant to Article 2 of Chapter 64 of the North Carolina Statutes.

This ____ day of _______________, 20__.

Signature of Affiant Print or Type Name: _________________________

State of ____________________ County of _____________

Signed and sworn to (or affirmed) before me, this the _____ day of ________________, 20__.

My Commission Expires:

Notary Public

(A ffix O fficial/N o tarial Seal)

CERTIFICATION REGARDING DEBARMENT AND SUSPENSION

The undersigned applicant certifies to the best of his or her knowledge and belief, that the applicant and its principals:

(a) are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal Department or agency;

(b) have not within a 3-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) are not presently indicted or otherwise criminally or civilly charged by a governmental entitle

(Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and

(d) have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

Where the prospective participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Contractor Name: _______________________________________

Address: ________________________________________

City/State/Zip: ________________________________________

Signature: _________________________________________ (Seal if Corporation)

Title: _________________________________________

Date: _________________________________________

NOTARIZE

SUBSCRIBED AND SWORN TO BEFORE ME,

This ______ day of ________________________, 202___

NOTARY PUBLIC ____________________________

My Commission Expires: ________________________

DO NOT FILL OUT “SAMPLE” CONTRACT - FOR REVIEW PURPOSES ONLY

NORTNORTH CAROLINA

SERVICE CONTRACT

ONSLOW COUNTY

THIS CONTRACT is made, and entered into this the day of 2 , by and between the COUNTY of ONSLOW, a political subdivision of the State of North Carolina, (hereinafter referred to as “COUNTY”), and , a corporation company duly authorized to do business in the State of North Carolina, (hereinafter referred to as “CONTRACTOR”).

For and in consideration of mutual promises to each as herein after set forth, the parties hereto do mutually agree as follows:

1. SCOPE OF SERVICES. CONTRACTOR hereby agrees to provide the services and/or materials under this

Contract pursuant to the provisions and specifications identified in “Attachment 1” (hereinafter collectively referred to as “Services”). Attachment 1 is hereby incorporated herein and made a part of this Contract. Time is of the essence with respect to all provisions of this Contract that specify a time for performance.

2. TERM OF CONTRACT. The Term of this Contract for Services is from to unless sooner terminated as provided herein.

3. PAYMENT TO CONTRACTOR. CONTRACTOR shall receive from COUNTY an amount not to exceed

($ ) as full compensation for the provision of Services during any one fiscal year period beginning July 1, through June 30. COUNTY agrees to pay CONTRACTOR at the rates specified for Services performed to the satisfaction of the COUNTY, in accordance with this Contract, and Attachment 1. Unless otherwise specified, CONTRACTOR shall submit an itemized invoice to COUNTY by the end of the month during which Services are performed. A Purchase Order number may be assigned to encumber the funds associated with this Contract and must appear on all invoices and correspondence mailed to Purchaser.

Payment will be processed promptly upon receipt and approval of the invoice by COUNTY.

4. SUBSTANTIAL COMPLETION DEADLINE. CONTRACTOR shall achieve completion of the entire scope of work as outlined in Attachment 1 no later than June 30, 2023. In view of the difficulty of estimating damages to the COUNTY by reason of the failure of the CONTRACTOR to complete the work herein proposed within the time limit herein required, Owner shall be and hereby is authorized to deduct and retain out of the monies which may be due or become due to CONTRACTOR the sum of One Hundred Fifty Dollars & Zero Cents ($150.00) per day for each and every calendar day that the work may be incomplete beyond the time limit fixed for its completion, which sum per day is hereby agreed upon, fixed and determined by the parties hereto as the ascertained and liquidated damages that the COUNTY will suffer by reason of such default. The above sum shall be held to include the additional expense to the COUNTY for loss of interest or investment, for the employment of architects, engineers, inspectors, and other employees, together with their expenses, and all other damages to the COUNTY by reason of such delay.

5. INDEPENDENT CONTRACTOR. COUNTY and CONTRACTOR agree that CONTRACTOR is an independent contractor and shall not represent itself as an agent or employee of COUNTY for any purpose in the performance of CONTRACTOR’s duties under this Contract. Accordingly, CONTRACTOR shall be responsible for payment of all federal, state and local taxes as well as business license fees arising out of CONTRACTOR’s activities in accordance with this Contract. For purposes of this Contract taxes shall include, but not be limited to, Federal and State Income, Social Security and Unemployment Insurance taxes.

CONTRACTOR, as an independent contractor, shall perform the Services required hereunder in a professional manner and in accordance with the standards of applicable professional organizations and licensing agencies.

6. INSURANCE AND INDEMNITY. To the fullest extent permitted by laws and regulations, CONTRACTOR shall indemnify and hold harmless the COUNTY and its officials, agents, and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including but not limited to fees and charges of engineers or architects, attorneys, and other professionals and costs related to court action or arbitration) arising out of or resulting from CONTRACTOR’s performance of this Contract or the actions of the CONTRACTOR or its officials, employees, or contractors under this Contract or under contracts entered into by the CONTRACTOR in connection with this Contract. This indemnification shall survive the termination of this Contract.

In addition, CONTRACTOR shall comply with the North Carolina Workers’ Compensation Act and shall provide for the payment of workers’ compensation to its employees in the manner and to the extent required by such Act. Additionally, CONTRACTOR shall maintain, at its expense, the following minimum insurance coverage:

$1,000,000 per occurrence /$2,000,000 aggregate --- Bodily Injury Liability, and $100,000 --- Property Damage Liability, or $1,000,000 per occurrence /$2,000,000 aggregate---Combined Single Limit Bodily Injury and Property Damage Automobile Liability $100,000 Bodily Injury per Person /$300,000 Bodily Injury per Accident / $50,000 Property Damage per Accident, or $300,000 Automobile Liability Combined Single Limit Bodily and Property Damage

CONTRACTOR, upon execution of this Contract, shall furnish to the COUNTY a Certificate of Insurance reflecting the minimum limits stated above. The Certificate shall provide for thirty (30) days advance written notice in the event of a decrease, termination, or cancellation of coverage. Providing and maintaining adequate insurance coverage is a material obligation of the CONTRACTOR. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The CONTRACTOR shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Contract. The limits of coverage under each insurance policy maintained by the CONTRACTOR shall not be interpreted as limiting the CONTRACTOR’s liability and obligations under the Contract.

7. LICENSURE, CERTIFICATION, AND REGISTRATION OF PERSONNEL. All personnel provided or made available by Contractor to render services hereunder shall be licensed, certified or registered, as appropriate, in their respective areas of expertise as required by applicable North Carolina law.

8. CONFIDENTIALITY. All data and information, both written and verbal, furnished to Contractor by County shall be regarded as confidential, shall remain the sole property of County and shall be held in confidence and safekeeping by Contractor for the sole use of the parties and Contractor under the terms of this Agreement. Contractor agrees that its officers, employees, and agents will not disclose to any person, firm or entity other than County or County’s designated legal counsel, accountants or practice management consultants any information about County, its practice or billing.

9. HEALTH AND SAFETY. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety precautions and programs required by OSHA and all other regulatory agencies while providing Services under this Contract.

10. NON-DISCRIMINATION IN EMPLOYMENT. CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, sex, race, creed, national origin, or disability. CONTRACTOR shall take affirmative action to ensure that qualified applicants are employed and that employees are treated fairly and legally during employment with regard to their age, sex, race, creed, national origin, or disability. In the event CONTRACTOR is determined by the final order of an appropriate agency or court to be in violation of any non-discrimination provision of federal, state, or local law or this provision, this Contract may be canceled, terminated or suspended in whole or in part by COUNTY, and CONTRACTOR may be declared ineligible for further COUNTY contracts.

11. GOVERNING LAW. This Contract shall be governed by and in accordance with the laws of the State of North Carolina. All actions relating in any way to this Contract shall be brought in the General Court of Justice in the County of Onslow and the State of North Carolina.

12. TERMINATION OF CONTRACT. This Contract may be terminated, without cause and without penalty, by COUNTY upon thirty (30) days written notice to the CONTRACTOR, and such an early termination shall not be deemed to be a breach of this contract. This termination notice period shall begin upon receipt of the notice of termination. Such a termination does not bar either party from pursuing a claim for damages for breach of the contract if such a breach has occurred.

This Contract may be terminated, for cause, by the non-breaching party notifying the breaching party of a substantial failure to perform in accordance with the provisions of this Contract and if the failure is not corrected within ten (10) days of the receipt of the notification. Upon such termination, the parties shall be entitled to such additional rights and remedies as may be allowed by relevant law.

Termination of this Contract, either with or without cause, shall not form the basis of any claim for loss of anticipated profits by either party.

13. SUCCESSORS AND ASSIGNS. CONTRACTOR shall not assign its interest in this Contract without the written consent of COUNTY. CONTRACTOR has no authority to enter into contracts on behalf of COUNTY.

14. COMPLIANCE WITH LAWS. CONTRACTOR represents that it is in compliance with all Federal, State, and local laws, regulations or orders, as amended or supplemented. The implementation of this Contract shall be carried out in strict compliance with all Federal, State, or local laws.

15. E-VERIFY. As a condition of payment for services rendered under this agreement, CONTRACTOR shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further, if CONTRACTOR provides the services to the County utilizing a subcontractor, CONTRACTOR shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes as well. CONTRACTOR shall verify, by affidavit, compliance of the terms of this section upon request by the County.

16. IRAN DIVESTMENT ACT. CONTRACTOR certifies that they are not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 143-6A-4. Individuals or companies on the Final Divestment List are ineligible to contract or subcontract with Local Government Units. (G.S. 143C-6A- 6(a).) It is the responsibility of each vendor or contractor to monitor compliance with this restriction.

Contracts valued at less than $1,000.00 are exempt from this restriction.

17. DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL. The vendor or contractor certifies that it has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81. It is the responsibility of each vendor or contractor to monitor compliance with this restriction. Contracts valued at less than $1,000.00 are exempt from this restriction.

18. GOOD STANDING WITH COUNTY. CONTRACTOR certifies that it is not delinquent on any taxes, fees, or other debt owed by CONTRACTOR to COUNTY. CONTRACTOR covenants and agrees to remain current on any taxes, fees, or other debt owed by CONTRACTOR to COUNTY during the Term of this Contract.

19. NOTICES. All notices which may be required by this contract, or any rule of law shall be effective when received by certified mail sent to the following addresses:

COUNTY OF ONSLOW

ATTN:

CONTRACTOR:

ATTN:

20. AUDIT RIGHTS. For all Services being provided hereunder, COUNTY shall have the right to inspect, examine, and make copies of any and all books, accounts, invoices, records and other writings relating to the performance of the Services. Audits shall take place at times and locations mutually agreed upon by both parties. Notwithstanding the foregoing, CONTRACTOR must make the materials to be audited available within one (1) week of the request for them.

21. COUNTY NOT RESPONSIBLE FOR EXPENSES. COUNTY shall not be liable to CONTRACTOR for any expenses paid or incurred by CONTRACTOR, unless otherwise agreed in writing.

22. ANNUAL APPROPRIATIONS AND FUNDING. This Agreement may be subject to the annual appropriation of funds by the Onslow County Commissioners. Notwithstanding any provision herein to the contrary, in the event that funds are not appropriated for this Agreement, then County shall be entitled to immediately terminate this Agreement, without penalty or liability, except the payment of all contract fees due under this Agreement up to and through the last day of service.

23. NO PLEDGE OF TAXING AUTHORITY: No deficiency judgment may be rendered against

COUNTY or any agency of COUNTY in any action for breach of a contractual obligation under this contract. The taxing power of the COUNTY is not pledged directly or indirectly to secure any monies due under this contract.

24. NO WAIVER OF GOVERNMENTAL IMMUNITY; VIOLATION OF LAW: Except for waiver of governmental immunity resulting from the execution of a valid contract, COUNTY makes no other waiver of governmental immunity. If any provision of the Contract or Agreement is in violation of any legal, statutory, or state constitutional prohibition, then such provision(s) shall be unenforceable against

COUNTY.

25. EQUIPMENT. CONTRACTOR shall supply, at its sole expense, all equipment, tools, materials, and/or supplies required to provide Services hereunder, unless otherwise agreed in writing.

26. ENTIRE CONTRACT. This Contract, including Attachment 1, shall constitute the entire understanding between COUNTY and CONTRACTOR and shall supersede all prior understandings and agreements relating to the subject matter hereof and may be amended only by written mutual agreement of the parties.

27. HEADINGS. The subject headings of the sections are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions. This Contract shall be deemed to have been drafted by both parties and no interpretation shall be made to the contrary.

28. EXISTENCE. CONTRACTOR warrants that it is a corporation duly organized, validly existing, and in good standing under the laws of the State of North Carolina and is duly qualified to do business in the

State of North Carolina and has full power and authority to enter into and fulfill all the terms and conditions of this contract.

29. AUTHORITY. By execution hereof, the person signing for CONTRACTOR below certifies that he/she has read this Contract and that he/she is duly authorized to execute this Contract on behalf of the CONTRACTOR. This Contract, together with any amendments or modifications, may be executed in one or more counterparts, each of which shall be deemed an original and all of which shall be considered one and the same agreement. This Contract may also be executed electronically. By signing electronically, the parties indicate their intent to comply with the Electronic Commerce in Government Act (N.C.G.S § 66-358.1 et seq.) and the Uniform Electronic Transactions Act (N.C.G.S § 66-311 et seq.). Delivery of an executed counterpart of this Contract by either electronic means or by facsimile shall be as effective as a manually executed counterpart.

IN TESTIMONY WHEREOF, the parties have expressed their agreement to these terms by causing this Service Contract to be executed by their duly authorized office or agent.

Reviewed by Department Head CONTRACTOR:

____________________________________ By:

____________________________________ Date Reviewed:

ONSLOW COUNTY

This instrument has been preaudited in the By:

manner required by the Local Government and Fiscal Control Act

Onslow County Finance Officer

“ATTACHMENT 1” to follow

ATTACHMENT 1

Scope of Services

CONTRACTOR, in exchange for the compensation paid by COUNTY under this Contract, shall provide the following services:

ATTACHMENT 2

Federal Contracting Requirements

This Attachment 2 is incorporated into the Service Contract between the County and the Contractor. Capitalized terms not defined in this Attachment shall have the meanings assigned to such terms in the Contract. All references to the

“Contractor” or “Company” or “Contractor” or “Provider” shall be deemed to mean the Contractor.

This Contract will be funded in whole or in part with federal funding. As such, federal laws, regulations, policies and related administrative practices apply to this Contract. The most recent of such federal requirements, including any amendments made after the execution of this Contract shall govern the Contract, unless the federal government determines otherwise. This Attachment 2 identifies the federal requirements that may be applicable to this contract. The

Contractor is responsible for complying with all applicable provisions, updates or modifications that occur in the future relating to these clauses.

To the extent possible, the federal requirements contained in the most recent version of the Uniform Administrative

Requirements for federal awards (Uniform Rules) codified at 2.C.F.R., Part 200, including any certifications and contractual provisions required by any federal statutes or regulation referenced therein to be included in this contract are deemed incorporated into this contract by reference and shall be incorporated into any sub-agreement or subcontract executed by the Contractor pursuant to its obligations under this Contract. The Contractor and its subcontractors, if any, hereby represent and covenant that they have complied and shall comply in the future with the applicable provisions of the original contract then in effect and with all applicable federal, state, and local laws, regulations, and rules and local policies and procedures, as amended from time to time, relating to Work to be performed under this contract.

Drug Free Workplace Requirements

Drug-free workplace required in accordance with Drug Free Workplace Act of 1988 (Pub 100-690, Title V, Subtitle D).

All Contractor entering into federal funded contracts over $100,000 must comply with federal drug free workplace requirements as “Drug Free Workplace Act of 1988.”

Contractor Compliance

The Contractor shall comply with all uniform administrative requirements, cost principles, and audit requirement for federal awards.

Conflict of Interest

The Contractor must disclose in writing any potential conflict of interest to the County of Onslow or pass through entity in accordance with federal policy.

Mandatory Disclosures

The Contractor must disclose in writing all violations of federal criminal law involving fraud, bribery, or gratuity violations potentially affecting the federal award.

Energy Conservation

The Contractor and subcontractors agree to comply with the mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and

Conservation Act, 42 U.S.C. § 6321, et seq.

Federal Water Pollution Control Act

For contracts in excess of $150,000, the Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

The Contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to Federal Emergency Management Agency, and the appropriate

Environmental Protection Agency Regional Office.

The Contractor agrees to include those requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.

Clean Air Act

For contracts in excess of $150,000, the Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. and the Federal Water Pollution Act as amended (33 U.S.C. § 1251-1387).

The Contractor agrees to report any violation to the County immediately upon discovery. The Contractor understands and agrees that the County will, in turn, report each violation as required to assure notification to the County, Federal

Emergency Management Agency, and the appropriate Environmental Protection Agency (EPA) Regional Office. The

Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with federal assistance provided by FEMA.

Access to Records and Reports (Applies to all contracts regardless of the contract amount)

The Contractor must maintain an acceptable cost accounting system. The Contractor agrees to provide the County, the

State of North Carolina, the FEMA Administrator, the Comptroller General of the United States, and any of their authorized representatives access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions.

The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed.

The Contractor agrees to provide the FEMA Administrator or his authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

All Contractors and their successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing Department and FEMA access to records, accounts, documents, information, facilities, and staff.

No Obligation by Federal Government (Applies to all contracts regardless of the contract amount)

The County and the Contractor acknowledge and agree that, notwithstanding any concurrence by the federal government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the federal government, the federal government is not a party to this contract and shall not be subject to any obligations or liabilities to the County, the Contractor, or any other party (whether or not a party to that contract) pertaining to any matter resulting from the underlying contract.

The Contractor agrees to include the above clause in each subcontract financed in whole or in part with federal assistance.

It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions.

Program Fraud and False or Fraudulent Statements or Related Acts (Applies to all contracts regardless of the contract amount)

The Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor’s actions pertaining to this contract. Upon execution of the underlying contract, the Contractor certifies or affirms the truthfulness and accuracy of any statement it has made, it makes, it may make, or causes to be made, pertaining to the underlying contract or the federally assisted project for which this contract work is being performed. In addition to other penalties that may be applicable, the Contractor further acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification, the federal government reserves the right to impose the penalties of the Program Fraud Civil Remedies Act of 1986 on the Contractor to the extent the federal government deems appropriate.

The Contractor also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the federal government under a contract connected with a project that is financed in whole or in part with federal assistance, the government reserves the right to impose the penalties of 18 U.S.C. § 1001 and 49

U.S.C. § 5307(n)(1) on the Contractor, to the extent the federal government deems appropriate.

The Contractor agrees to include the above two clauses in each subcontract financed in whole or in part with federal assistance. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions.

Changes (Applies to all contracts regardless of the contract amount)

Any change in the contract cost, modification, change order, or constructive change must be allowable, allocable, within the scope of its funding, grant or cooperative agreement, and reasonable for the completion of project scope. All changes and/or amendments to the contract will be outlined in detail, formalized in writing, and signed by the authorized representative of each party. Contractor’s failure to do so shall constitute a material breach of the contract.

Termination (Applies to all contacts over $10,000)

Termination Without Cause. The County may immediately terminate this Agreement at any time without cause by giving written notice to the Contractor.

Termination for Default by Either Party. By giving written notice to the other party, either party may terminate this

Agreement upon the occurrence of one or more of the following events:

The other party violates or fails to perform any covenant, provision, obligation, term or condition contained in this

Agreement, provided that, unless otherwise stated in this Agreement, such failure or violation shall not be cause for termination if both of the following conditions are satisfied: (i) such default is reasonably susceptible to cure; and (ii) the other party cures such default within thirty (30) days of receipt of written notice of default from the non-defaulting party;

or

The other party attempts to assign, terminate or cancel this Agreement contrary to the terms hereof; or

The other party ceases to do business as a going concern, makes an assignment for the benefit of creditors, admits in writing its inability to pay debts as they become due, files a petition in bankruptcy or has an involuntary bankruptcy petition filed against it (except in connection with a reorganization under which the business of such party is continued and performance of all its obligations under this Agreement shall continue), or if a receiver, trustee or liquidator is appointed for it or any substantial part of other party’s assets or properties.

Any notice of default pursuant to this Section shall identify and state the party’s intent to terminate this Agreement if the default is not cured within the specified period.

Additional Grounds for Default Termination by the County.