BID #5-97648020 Hemby Bridge Lighting Replacement C Reeder.pdf

Union County Public Schools

Request For Proposal #5-97648020

Date Issued: January 13, 2025

Hemby Bridge Lighting Replacement

Direct all inquiries concerning RFP #5-97648020 to:

Jennifer West

Purchasing/Construction Contracts Specialist

Email: facilitiesbids@ucps.k12.nc.us mailto:facilitiesbids@ucps.k12.nc.us

Union County Public Schools (UCPS) Facilities Department 201 Venus Street Monroe NC, 28112

Request for Proposal #: 5-97648020 Request for Proposal Description: Hemby Bridge Elementary School Lighting Replacement Date of Issue: January 13, 2025

Bid Opening Date: March 6, 2025 BID Opening Time: 2:00 PM

Refer ALL Inquiries regarding this RFP to:

Jennifer West (Construction Contracts Spec) Email to:

facilitiesbids@ucps.k12.nc.us

EXECUTION

In compliance with this Request for Proposal (RFP), and subject to all the conditions herein, the undersigned Vendor 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, the undersigned Vendor understands that false certification is a Class I felony and certifies that:

▪ this bid is submitted competitively and without collusion (G.S. 143-54),

▪ none of its officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and▪ it is not an ineligible Vendor as set forth in G.S. 143-59.1.

Furthermore, by executing this bid, the undersigned certifies to the best of Vendor’s knowledge and belief, that:

▪ it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency.

As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this RFP, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system.

As required by Executive Order 24 (2017), the undersigned vendor certifies they will comply with all Federal and State requirements concerning fair employment and that it does not and will not discriminate, harass, or retaliate against any employee in connection with performance of any Contract arising from this solicitation. G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public contracts;

or awarding or administering public contracts; or inspecting or supervising delivery of the public contract of any gift from anyone with a contract with the State, or from any person seeking to do business with the State. By execution of this response to the RFP, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor is not aware that any such gift has been offered, accepted, or promised by any employees of your organization.

By executing this bid, Vendor certifies that it has read and agreed to the INSTRUCTION TO VENDORS and the NORTH CAROLINA GENERAL TERMS AND CONDITIONS incorporated herein. These documents can be accessed from the ATTACHMENTS page within this document.

Failure to execute/sign bid prior to submittal may render bid invalid and it MAY BE REJECTED. Late bids shall not be accepted.

ACCEPTANCE OF BIDS

If your bid is accepted, all provisions of the RFP, along with the written results of any negotiations, shall become part of the written agreement between the parties (“Contract”). If applicable, the North Carolina General Terms and Conditions are incorporated herein and shall apply. Depending upon the Goods or Services being offered, other terms and conditions may apply, as mutually agreed.

COMPLETE/FORMAL NAME OF VENDOR:

STREET ADDRESS: P.O. BOX: ZIP:

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

PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #21):

PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER:

VENDOR’S AUTHORIZED SIGNATURE*: DATE: EMAIL:

VALIDITY PERIOD

Offer shall be valid for at least 60 days from date of bid opening, unless otherwise stated. After this time, any withdrawal of this offer shall be made in writing, effective upon receipt by the agency issuing this

RFP.

1.0 PURPOSE AND BACKGROUND

The intent of this solicitation is for Union County Public Schools to award a contract for the Hemby Bridge Elementary School lighting replacement.

(UCPS’s intentions are to award this contract to the lowest responsive bidder.)

Work shall consist of furnishing all labor, taxes, materials, equipment, services, permits, incidental and implied for the Hemby Bridge Elementary School Lighting Replacement per the attached drawings and specifications listed as Exhibit #1.

Bid shall be submitted in accordance with the terms and conditions of the RFP and any addenda issued hereto.

2.0 GENERAL INFORMATION

2.1 Request for Proposal Document

This RFP is comprised of the base RFP document, any attachments, and any addenda released before Contract award, which are incorporated herein by reference.

2.2 Taxes

UCPS is NOT tax-exempt. Unless otherwise indicated, tax must be computed and added to your proposal.

Any itemized shipping charges are also subject to tax. When invoiced, tax should be invoiced as a separate line item.

2.3 Notice to Vendors Regarding RFP Terms and Conditions

It shall be the Vendor’s responsibility to read the Instructions to Vendors, and the North Carolina General Terms and Conditions, all relevant exhibits and attachments, and any other components made a part of this RFP and comply with all requirements and specification herein. Vendors are also responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this

RFP.

If Vendors have questions or issues regarding any component of this RFP, those must be submitted as questions in accordance with the instructions in the Bid Questions Section. If UCPS determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an RFP addendum. UCPS may also elect to leave open the possibility for later negotiation of specific provisions of the Contract that have been addressed during the question-and-answer period, prior to contract award.

Other than through the process of negotiation under 01 NCAC 05B.0503, UCPS rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s bid or otherwise. This applies to any language appearing in or attached to the document as part of the Vendor’s bid that purports to vary any terms and conditions or Vendor’s instructions herein or to render the bid non-binding or subject to further negotiation. Vendor’s bid shall constitute a firm offer that shall be held open for the period required herein (“Validity Period” above). UCPS may exercise its discretion to consider Vendor proposed modifications. By execution and delivery of this RFP Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded unless expressly agreed upon during negotiations and incorporated by way of a Best and Final Offer (BAFO). Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s bid as nonresponsive.

2.4 RFP Schedule

The table below shows the intended schedule for this RFP. UCPS will make every effort to adhere to this schedule.

Event Responsibilit y

Date and Time

Issue RFP UCPS January 13, 2025

Pre-Bid Meeting - MANDATORY UCPS February 17, 2025 at 10:00 AM

Submit Written Questions Vendor February 27, 2025 by 2:00 PM

Provide Response to Questions UCPS February 28, 2025 by 2:00 PM

Bid Proposal Due Date Vendor March 6, 2025 by 2:00 PM

Contract Award UCPS Following Legal Counsel review and approval

2.4 Site Visit or Pre-Bid Conference

A site visit or pre-bid conference has been scheduled as follows and it mandatory:

Date Time Location Where to Meet

February 17, 2025 10:00 AM 6701 Indian Trail Fairview Rd, Indian Trail, NC 28079

Front of school

2.5 Bid Questions

Upon review of the RFP documents, Vendors may have questions to clarify or interpret the RFP in order to submit the best bid possible. To accommodate the Bid Questions process, Vendors shall submit any such questions by the “Submit Written Questions” date and time provided in the above RFP Schedule Section above, unless modified by an Addendum.

Written questions must be emailed to the contact listed below by the date and time specified above in Section 2.3 RFP Schedule. Vendors should format the subject of the email as follows: “RFP # 5-97648020 HBES Lighting”. Question submittals should include a reference to the applicable RFP section and be submitted in the following format: RFP Section, Page Number – Vendor Question.

Contact Name Contact Title Contact Email Address

Jennifer West Construction Contracts Specialist facilitiesbids@ucps.k12.nc.us

No information, instruction or advice provided orally or informally by any UCPS personnel, whether made in response to a question or otherwise in connection with this RFP, shall be considered authoritative or binding. Vendors shall rely on written material contained in the RFP and an addendum to this RFP.

2.6 Bid Submittal

IMPORTANT NOTE: This is an absolute requirement. Late bids, regardless of cause, will not be opened or considered, and will be automatically disqualified from further consideration. Vendor shall bear the sole risk of late submission due to unintended or unanticipated delay. It is the Vendor’s sole responsibility to ensure its bid has been received as described in this RFP by the specified time and date of opening. Any bid or portion thereof received after the bid deadline will be rejected.

CAUTION: Vendors are cautioned that bids sent by U.S. Mail, including Express Mail, may not be delivered to the UCPS Facilities/Purchasing Office in time to meet the required bid closing date and time. All Vendors are urged to take the possibility of delay into account when submitted bids by the U.S.

Postal Service, courier, or other delivery service.

If confidential and proprietary information is included in the proposal, also submit one (1) signed, REDACTED copy of the proposal. Such information may include trade secrets defined by N.C.

General Statutes 66-152 and other information exempted from the Public Records Act pursuant to N.C.

General Statues 132-1.2 Vendor may designate information, Products, Services, or appropriate portions of its response as confidential, consistent with and to the extent permitted under the statutes and rules set forth above. By so redacting any page, or portion of a page, the Vendor warrants that it has formed a good faith opinion, having received such necessary or proper review by counsel and other knowledgeable advisors, that the portions determined to be confidential and proprietary and redacted as such, meet the requirements of the Rules and Statues set forth above. However, under no circumstances shall price information be designated as confidential.

If the vendor does not provide a redacted version of the proposal with its proposal submission, the Department may release an unredacted version if a record request is received.

Bids for this project will be received by the UCPS Facilities/Purchasing Department until the date and time listed below. At that time, the bids will be opened and evaluated. A bid tab will also be prepared.

Mailed bids must be sent to Union County Public Schools Attn: Facilities/Jennifer West 201 Venus Street Monroe NC, 28112

Bid Closing Date Bid Closing Time (Eastern Standard Time)

March 6, 2025 2:00 PM

Delivered bids must be delivered to:

Union County Public Schools Attn: Facilities/Jennifer West 201 Venus Street Monroe NC, 28112

Delivered bids will be accepted at the UCPS Facilities Department at Visitor Entrance only. Bids may be delivered Monday – Friday from 7:30 a.m. through 4:00 p.m. Bid proposals will not be accepted after the bid closing time on the bid closing date.

Bid documents are also available on the Union County Public Schools website.

2.7 Bid Contents

Vendors shall complete the bid proposal form, and all indicated attachments and include all authorized signatures where requested. Failure to provide all required items, or Vendor’s submission of incomplete items, may result in UCPS rejecting the Vendor’s bid, in UCPS’ sole discretion.

Mailed, delivered, and emailed bid submission must contain:

Item Description Required (Yes or No)

RFP Page 2 – Acceptance of Bids Yes

Cover Letter that includes (i) statement that confirms the Vendor has read the RFP in its entirety, including all links, and all Addenda released in conjunction with the RFP (ii) a statement that the Vendor agrees to perform in accordance with the scope of work, requirements, and specifications contained herein, and (iii) Vendor’s agreement to comply with all instructions, terms, and conditions, and attachments

Yes

Title Page that includes the company name, address, phone number, and authorized representative along with the Bid Number

Yes

Completed and Signed Attachment: Bid Proposal Form Yes

UCPS has the right to request references once the BID is awarded Yes

Closing Date: March 6, 2025 Bid: #5-97648020 Please note on the envelope:

Hemby Bridge Lighting Replacement https://www.buncombeschools.org/o/bcs/page/bids-and-proposals https://www.buncombeschools.org/o/bcs/page/bids-and-proposals https://www.buncombeschools.org/o/bcs/page/bids-and-proposals

Item Description Required (Yes or No)

Completed and Signed Attachment: HUB Supplemental Vendor Information Yes

Bid Bond Form (Required for all bids of $300,000.00 or more) Yes

Additional items attached to this bid:

Item Required (Yes or No)

UCPS General Terms and Conditions Yes

NC Sales and Use Tax Form Yes

NC DOR – Affidavit E-589CI (Capital Improvement Project)

8ÌÚ

Mailed or delivered bid submissions must contain the following copy requirements:

Item Required (Yes or No)

Original Signed Hard Copy Yes

One (1) Additional Hard Copy No

3.0 Method of Award and Bid Evaluation Process

3.1 Method of Award

North Carolina G.S. 143-52 provides a general list of criteria Union County Public Schools shall use to award contacts, as supplemented by the additional criteria herein. The Goods and Services being procured shall dictate the application and order of criteria; however, all award decisions shall be in Union County Public Schools’ best interest.

All responsive bids will be reviewed, and an award or awards will be based on the responsive bid(s) offering the lowest price that meets the specifications provided herein, to include any required verifications set out here in such as but not limited to past performance, references, and financial documents.

While the intent of this RFP is to award a Contract(s) to a single vendor UCPS reserves the right to make separate awards to different Vendors for one or more-line items, to not award one or more-line items, or to cancel this RFP in its entirety without awarding a Contract, if it is considered to be most advantageous to UCPS to do so.

UCPS reserves the right to waive any minor informality or technicality in bids received.

UCPS reserves the right to reject any or all bids for any or no reasons.

3.2 Confidentiality and Prohibited Communications During Evaluation While this RFP is under evaluation, the responding Vendor, including any subcontractors and suppliers, is prohibited from engaging in conversations intended to influence the outcome of the evaluation.

Each Vendor submitting a bid to this RFP, including its employees, agents, subcontractors, suppliers, subsidiaries and affiliates, is prohibited from having any communications with any person inside or outside the using agency; issuing agency, other government agency office or body (including the purchaser named above, any department secretary, agency head, members of the Board of Education) or private entity, if the communication refers to the content for Vendor’s qualifications or ability to perform a resulting contract, and/or the transmittal of any other communication of information that could be reasonably considered to have the effect of directly or indirectly influencing the evaluation of proposals, the award of a contract, or both.

Any Vendor not in compliance with the provision shall be disqualified from evaluation and award. A Vendor’s proposal may by disqualified if its subcontractor and/or supplier engage in any of the foregoing communications during the time that the procurement is active (i.e., the issuance date of the procurement until the date of contract award or cancellation of the procurement). Only those discussions, communications or transmittals of information authorized or initiated by the issuing agency for this RFP or inquiries directed to the purchaser named in this RFP regarding requirements of the RFP (prior to proposal submission) or the status of the award (after submission) are exempt from this provision.

3.3 Proposal Evaluation Process

UCPS will conduct an evaluation of responsive Proposals, as follows:

a) UCPS shall review the responses to this RFP to confirm that they meet the specifications and requirements. UCPS reserves the right to waive any minor informality or technicality.

b) Proposals are requested for the items as specified. UCPS reserves the right to reject any proposal on the basis of fit, form and/or function, as well as cost.

c) For all responses that pass the initial review process, UCPS will review and assess the Vendors’ pricing. UCPS may request additional formal responses or submissions from any or all Vendors for the purpose of clarification or to amplify the materials presented in any part of the quote.

Vendors are cautioned, however, UCPS is not required to request clarification, and often does not.

Therefore, all proposals should be complete and reflect the most favorable terms available from the Vendor. Prices quoted cannot be altered or modified as part of a clarification.

d) Proposals will be evaluated, based on the award criteria identified by UCPS.

Award of a Contract to one Vendor does not mean that the other proposals lacked merit, but that, all factors considered, the selected proposal was deemed most advantageous and represented the best value to UCPS.

Vendors are cautioned that this is a request for proposal, not a request or an offer to contract, and UCPS reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of UCPS.

3.4 Interpretation of Terms and Phrases

This RFP serves two (2) functions: (1) to advise potential Vendors of the parameters of the solution being sought by UCPS; and (2) to provide (together with other specified documents) the terms of the Contract resulting from this procurement. The use of phrases such as “shall”, “must”, and “requirements” are intended to create enforceable contract conditions. In determining whether bids should be evaluated or rejected, UCPS will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy UCPS needs as described in the RFP. Except as specifically stated in the RFP, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement may result in UCPS exercising its discretion to reject a bid in its entirety.

4.0 Requirements

This Section lists the requirements related to this RFP. By submitting a bid, the Vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements, and terms and conditions stated in this RFP. If a Vendor is unclear about a requirement or specification or believes a change to a requirement would allow for UCPS to receive a better bid, the Vendor is urged to submit these items in the form of a question during the question-and-answer period in accordance with Section 2.5 Bid Questions.

4.1 Pricing

Bid price shall constitute the total cost to UCPS for the complete performance in accordance with the requirements and specifications herein, including all applicable charges for handling, transportation, administrative and other similar fees. Complete Attachment: Proposal Bid Form and include in Vendor’s response.

4.2 Pay Applications with Schedule of Values

All pay applications shall be reviewed by the engineer and certified by the engineer. Once approved, the engineer will forward the pay application to the UCPS Project Manager.

Vendor’s Billing Address, Customer Account Number, RFP #, Order Date, Buyer’s Order Number, Item or Service Descriptions, Price, Quantity, and Unit of Measure.

4.3 Financial Stability

As a condition of contract award, the Vendor must certify that is has the financial capacity to perform and to continue to perform its obligations under the Contract; that the Vendor has no constructive or actual knowledge of an actual or potential legal proceeding being brought against Vendor that could materially adversely affect performance of this Contract; and that entering into this Contract is not prohibited by any contract, or order by any court of competent jurisdiction.

Each Vendor shall certify it is financially stable by completing Attachment: Certification of Financial Condition. UCPS is requiring this certification to minimize potential issues from contracting with a Vendor that is financially unstable. From the date of the Certification to the expiration of the Contract, the Vendor shall notify UCPS within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. The Contract Manager may require annual recertification of the Vendor’s financial stability.

In lieu of Attachment: Certification of Financial Condition, UCPS may require a bidder to submit their most recent financial statement (balance sheet and income statements).

4.4 HUB Participation

Pursuant to North Carolina General Statue G.S. 143-48, it is UCPS policy to encourage and promote the use of small, minority, physically handicapped, and women contractors in purchasing Goods and Services. As such, this RFP will serve to identify those Vendors that are minority owned or have a strategic plan to support UCPS Historically Underutilized Business program by meeting or exceeding the goal of 10% utilization of diverse firms as 1st or 2nd tier subcontractors. Vendor shall complete Attachment: HUB Supplemental Vendor Information.

4.5 Personnel

Vendor warrants those qualified personnel shall provide Services under this Contract in a professional manner. “Professional Manner” means that the personnel performing the Services will possess the skill and competence consistent with the prevailing business standards in the industry. Vendor will serve as the prime contractor under this Contract and shall be responsible for the performance and payment of all subcontractor(s) that may be approved by UCPS. Names of any third-party Vendors or subcontractors of Vendor may appear for purposes of convenience in Contract documents; and shall not limit Vendor’s obligations hereunder. Vendor will retain executive representation for functional and technical expertise as needed in order to incorporate any work by third party subcontractor(s). Should the Vendor’s bid result in an award, the Vendor shall be required to agree that it will not substitute key personnel assigned to the performance of the Contract without prior written approval by the Contract Lead. Vendor shall further agree that it will notify the Contract Lead of any desired substitution, including the name(s) and references of Vendor’s recommended substitute personnel. UCPS will approve or disapprove the requested substitution in a timely manner. UCPS may, in its sole discretion, terminate the Services of any person providing Services under this Contract. Upon such termination, UCPS may request acceptable substitute personnel or terminate the contract Services provided by such personnel.

4.6 Vendor’s Responsibility

If Vendor’s bid results in an award, Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of UCPS under the Contract. If any Services, deliverables, functions, or responsibilities not specifically described in this solicitation are required for Vendor’s proper performance, provision and delivery of the Service and deliverables under a resulting Contract, or are an inherent part of or necessary sub-task included within such Service, they will be deemed to be implied by and included within the scope of the Contract to the same extent and in the same manner as is specifically described in the Contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Service and/or other Deliverables.

4.7 Agency Insurance Requirements Modification

During the term of the contract, the contractor at its sole cost and expense shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract.

As a minimum, the contractor shall provide and maintain the following coverage and limits:

1) Workers’ Compensation shall be maintained with at least the minimum statutory limits, including Employer’s Liability with limits of at least $1,000,000.

2) Commercial General Liability shall be maintained with at least the following minimum limits with the policy and the Certificate of Insurance indicating that the coverage is written on a “project” basis:

a) $1,000,000 Bodily Injury and Property Damage for each occurrence

b) $100,000 Fire Damage

c) $1,000,000 Medical Expenses Any One Person

d) $1,000,000 Personal and Advertising Injury

e) $1,000,000 Products/Completed Operations Aggregate

f) $2,000,000 General Aggregate

List the Owner (including its officers, agents, and employees) as an additional insured on the policy as evidenced by a policy endorsement. Coverage shall include, but not be limited to, the following supplementary coverages: Contractual Liability to cover liability assumed under this Agreement, Product and Completed Operations Liability Insurance, Broad Form Property Damage Liability Insurance, and Independent Contractors.

Such policy shall include all of the coverages, which may be included in coverages A, B, and C contained in the Commercial General Liability Policy, without deletion. Such policy must be issued on an “occurrence” basis, as distinguished from a “claims made” basis.

Completed Operations shall extend three (3) years after final payment.

The Contractor shall furnish a Certificate of Insurance as proof of the above coverages. Certificate will contain provision that the insurance coverages cannot be canceled, reduced in amount or coverage eliminated without thirty (30) days written notice to the Union County Board of Education. Owner’s Protective insurance must list Union County Board of Education as the Certificate Holder and as “additional insured” as it’s interest may appear. Owner’s approval of Certificate of Insurance does not decrease or relieve the contractor’s responsibility for maintaining insurance coverage as required in this Request for Proposal.

5.0 Specifications and Scope of Work

5.1 Project

Hemby Bridge Elementary School Lighting Replacement

RFP #5-97648020

5.2 Scope

5.3 Safety Regulations

The Vendor shall adhere to the rules, regulations, and interpretations of the North Carolina Department of Labor.

5.4 License and Permits

The Vendor shall hold the appropriate license of work to be performed and shall secure all permits required for the job completion, obtain, and deliver to Union County Public Schools, all certification of inspection issued by the Authorities Having Jurisdiction.

5.5 Scheduling

The Contractor must submit a precise time schedule as to when specific work will occur in specific areas within the building. This will be used to coordinate the work with the occupants of the building.

The Maintenance Project Manager or building Administrator may alter the schedule at any time to maintain the work process within the facility. Work must be scheduled during hours that are acceptable to the school Administrator and Maintenance Project Manager. The Union County Board of Education shall not incur any additional cost due to scheduling.

All work must be scheduled to avoid safety concerns and disruption of classroom instruction time and/or operation times. If required, all permits and inspections will be the responsibility of the contractor, and copies of permits and final inspection will be submitted to UCPS prior to final payment.

5.6 Project Timeline

Consecutive calendar days shall be determined and listed on the BID Form by the contractor.

Specifications. Please refer to the attachment named Exhibit 1.

Work shall consist of furnishing all labor, taxes, materials, equipment, services, permits; incidental and implied; to install a complete and warranted system as designed per the attached drawings and

5.8 Workers on the Job

All employees of the Vendor shall, while on Union County Board of Education property, act in a professional and courteous manner. All workers shall be expected to dress appropriately for a school site while on Board property. Also, all employees of the Vendor must sign-in in the main office upon entering the facility and sign-out in the main office upon leaving the property. Any employee of the Vendor may be told to leave the property by either the school administration or responsible department director if they do not follow the above procedure. The employee shall be replaced with another Vendor employee at no additional cost to the Union County Board of Education.

Smoking, vaping, or the use of tobacco products is prohibited on UPCS' property.

5.9 Sex Offender and Public Protection Program

In accordance with G.S. 14-208.18 all persons who (1) are required to register under the Sex Offender and Public Protection Program and (2) have been convicted of certain sexually violent offenses or any offense where the victim was under the age of sixteen (16) years at the time of the offense are expressly forbidden to knowingly be present on any property owned or operated by the school system, including school buildings, athletic fields, playgrounds, parking lots, school buses, activity buses or other property of any kind for any reason, including attendance at sporting events or other school related functions, whether before, during or after school hours. It is the responsibility of the Vendor that their employees and sub-contractors are in accordance with G.S. 14-208.18.

5.10 Equipment and Tools

The Vendor shall not use equipment or tools owned by the UCPS. Also, employees of UCPS shall not be utilized by the Vendor except for opening locked doors or giving directions.

5.11 Clean Up

The work area shall be cleaned after each service visit so that the Union County Board of Education shall not incur any additional cost to clean the treated area. Also, the Vendor shall make minimal use of UCPS' trash receptacles. All large trash items and Vendor used materials shall be properly disposed of off the property. Onsite dumpsters shall not be used.

5.12 Changes During Service Contract Period

Changes during the service contract period shall only be made by written direction signed by UCPS. No additional cost to the contract shall be allowed unless accepted in writing by UCPS before work has begun.

5.13 Contract Terms

Price must be applicable for the term agreed upon by both parties.

Time is of the essence. The contractor shall complete work on site within the allotted time.

5.7 Liquidated Damages

Liquidated damages shall be assessed for each calendar day beyond the substantial completed date in the amount of $250.00 per day. Liquidated damages shall be assessed for final completion beyond the final completion date in the amount of $500.00 per day.

5.14 Performance of Work

All work shall be performed at the highest level of quality. UCPS shall be responsible for determining the quality of work and may notify the Vendor of the same. ANY WORK COMPLETED

THAT IS NOT SUITABLE TO THE OWNER SHALL BE REPEATED BY THE VENDOR AT NO COST

TO UNION COUNTY PUBLIC SCHOOLS. Any damage to existing area or utilities will be the responsibility of the Vendor. No Exceptions.

The Union County Board of Education reserves the right to reject any or all bids or any or no reason.

End of RFP # 5-97648020

By submitting this proposal, the potential contractor certifies the following: 1) this proposal is signed by an authorized representative of the firm, 2) It can obtain and will submit to Union County Public Schools insurance certificates as required, within five (5) calendar days after the notice to award. 3) all taxes have been determined and are included in the proposed cost 4) the potential contractor has read and understands the conditions set forth in this RFP and agrees to them with no exceptions.

Contractor’s Name

Federal ID Number

Address

City State Zip Code

Email

Telephone Number Fax Number

Principal Place of Business if Different from Above

Printed Name Title

Signature

Attest: (Corporate Seal)

Date

By License #

Title

End of Proposal Form for RFP #5-97648020

Company Name: __________________________________

_____Bid Submittal Form Project Title: Hemby Bridge Elementary School Lighting Replacement _____Affidavit A or B _____Identification of Minority Business Form Location: 6701 Indian Trail Fairview Rd, Indian Trail, NC 28079 _____5% Bid Bond

BID No: 5-97648020

COST PROPOSAL/EXECUTION OF PROPOSAL

By submitting this proposal, the potential contractor certifies the proposal is signed by an authorized representative of the firm. The cost and availability of all equipment, materials, supplies, taxes, etc. associated with performing the services described herein have been determined and included in the proposed cost. All labor costs, direct and indirect (including sales tax), have been determined and included in the proposed cost. The offeror is aware of prevailing conditions associated with performing these services. The potential contractor has read and understands the conditions set forth in this bid and agrees to them with no exceptions.

Therefore, in compliance with this Request for Proposals, and subject to all conditions herein, the undersigned offers and agrees, if this proposal is accepted within 60 days from the date of the opening, to furnish the subject services for a cost not to exceed:

BASE BID:

ALTERNATE 1:

ALTERNATE 2:

ALLOWANCE FUNDS:

ALL INCLUSIVE TOTAL

$________________________________ Painting the existing ceiling grids $________________________________ Covering the existing ceiling grids with grid clips $________________________________ Canopy lighting

$_________________________________ 10% of the BID

Consecutive calendar days required to achieve Final Completion from issuance of Notice to Proceed: _________ calendar days.

ADDENDA ACKNOWLEDGEMENT

ADDENDUM 1: ADDENDUM 2: ADDENDUM 3: ADDENDUM 4:

EXECUTION

OFFEROR: FEDERAL ID NO.

LICENSE DESCRIPTION: LICENSE NO.

ADDRESS: CITY, STATE, ZIP

TELEPHONE NUMBER: MOBILE: EMAIL:

BY: DATE: TITLE:

(Signature)

(Typed or printed name)

Identification of HUB Certified/ Minority Business Participation I, , (Name of Bidder) do hereby certify that on this project, we will use the following HUB Certified/ minority business as construction subcontractors, vendors, suppliers or providers of professional services.

Firm Name, Address and Phone # Work Type *Minority **HUB Category Certified

(Y/N)

*Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (D)

** HUB Certification with the state HUB Office required to be counted toward state participation goals.

The total value of minority business contracting will be ($) .

DOCUMENT 00 43 13

BID SECURITY FORM

Date of Execution of this bond

Name and Address of Principle (Bidder)

Name and Address of Surety

Name and Address of Contracting Body THE UNION COUNTY BOARD OF EDUCATION a body corporate of the

State of North Carolina, 201 Venus Street Monroe, NC 28112

Amount of Bond Bid Amount and Proposal Dated:

for

KNOW ALL MEN BY THESE PRESENTS, that we the PRINCIPLE above named and SURETY above named who is duly licensed to act as SURETY in the State of North Carolina, are held and firmly bound unto THE UNION COUNTY BOARD OF EDUCATION, a body corporate of the State of North Carolina, as Obligee, in the penal sum of five percent (5%) of the amount bid in the bid and proposal described in lawful money of the United States of America, for the payment of which well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such, that if the PRINCIPLE shall be awarded the contract for which the bid and proposal above described is submitted and shall execute the contract, give bond for the faithful performance of the contract, and give bond for the payment of all persons supplying labor and materials in the prosecution of the work provided for in said contract, within ten (10) days after the award of the same to the PRINCIPLE above named, then this obligation shall be null and void; but if the PRINCIPLE above named fails to so execute such contract and give performance bond and payment bond as required by Section 129 of Chapter 143 of the General Statutes of North Carolina, as amended, the Article 3 of Chapter 44-A of the General Statutes of North Carolina, as amended, the Surety shall upon demand, forthwith pay the Obligee the amount of this bond set forth above.

Bid Security Form 00 43 13 - 1

IN WITNESS WHEREOF, the Principle above named and the Surety above named have executed this instrument under their several seals on the date set forth above.

WITNESS:

Principle (Name of individual, and trade Name, partnership, corporation, or joint venture)

(Proprietorship or Partnership)

BY (Seal)

TITLE

(Owner, Partner, Office held in corporation, joint venture)

(Corporate Seal)

ATTEST

BY

(Corporation)

TITLE

(Corporation Secretary or Assistant Secretary Only)

Surety (Name of Surety Company)

WITNESS: BY

TITLE Attorney in Fact

(Corporate Seal of Surety)

(Address of Attorney in Fact)

COUNTERSIGNED:

N.C. Licensed Resident Agent

Bid Security Form 00 43 13 - 2

PERFORMANCE AND PAYMENT BOND FORMS

FORM OF PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named, are held and firmly bound unto the above named contracting body, hereinafter called the contracting body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind, ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain contract with the contracting body, identified as shown above and hereto attached:

NOW, THEREFORE, if the principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of said contract during the original term of said contract and any extensions thereof that may be granted by the contracting body, with or without notice to the surety, and during the life of any guaranty required under the contract, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the surety being hereby waived, then, this obligation to be void; otherwise to remain in full force and virtue.

Date of Contract:

Date of Execution:

Name of Principal (Contractor)

Name of Surety:

Name of Contracting Body:

Amount of Bond:

Project

IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

Executed in counterparts.

Witness:

(Proprietorship or Partnership)

Contractor: (Trade or Corporate Name)

By:

Attest: (Corporation) Title:

(Owner, Partner, or Corp.

Pres. or Vice Pres. only)

By:

Title:

(Corp. Sec. or Asst. Sec.. only)

(Corporate Seal)

(Surety Company)

Witness: By:

Title:

(Attorney in Fact)

Countersigned:

(Surety Corporate Seal)

(N.C. Licensed Resident Agent)

Name and Address-Surety Agency

Surety Company Name and N.C.

Regional or Branch Office Address

FORM OF PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the principal and surety above named, are held and firmly bound unto the above-named contracting body, hereinafter called the contracting body, in the penal sum of the amount stated above for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the principal entered into a certain contract with the contracting body identified as shown above and hereto attached:

NOW, THEREFORE, if the principal shall promptly make payment to all persons supplying labor/material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to the surety being hereby waived, then this obligation to be void;

otherwise, to remain in full force and virtue.

IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

Executed in counterparts.

Date of Contract:

Date of Execution:

Name of Principal

(Contractor)

Name of Surety:

Name of Contracting Body:

Amount of Bond:

Project

Witness:

(Proprietorship or Partnership)

Contractor: (Trade or Corporate Name)

By:

Attest: (Corporation) Title:

(Owner, Partner, or Corp.

Pres. or Vice Pres. only)

By:

Title:

(Corp. Sec. or Asst. Sec... only)

(Corporate Seal)

(Surety Company)

Witness: By:

Title:

(Attorney in Fact)

Countersigned:

(Surety Corporate Seal)

(N.C. Licensed Resident Agent)

Name and Address-Surety Agency

Surety Company Name and N.C.

Regional or Branch Office Address

UNION COUNTY PUBLIC SCHOOLS TAX FORM INSTRUCTIONS

To the tax statement preparer for pay applications for Union County Public Schools:

Please find the attached form for providing sales taxes paid on materials for Union County Public Schools. It is important that you note the following:

Tax paid by contractors on rental equipment, tools or supplies that they use in the process of completing their contract is not refundable. Tax statements from contractors should indicate the amount of tax paid on materials that become part of the structure only. Statements should indicate the vendor’s name, date of invoice, invoice number, taxable amount, and sales tax amount.

The statement must be “certified” by the contractor. Additionally, be sure the county tax is allocated to the correct county. As of January 1, 2002, the county is determined by the “ship to” address;

therefore, if the material was shipped to your place of business instead of the job site the county name would reflect the county where your business is located.

Subcontractors performing work should also provide sales tax statements to the general contractor.

It is the general contractor’s responsibility to secure from the subcontractor the tax statement.

(Reference Sales and Use Tax Bulletin Section 31)

If you submit a pay application upon which no sales tax was paid, please send a blank form indicating “none this period”. Payment may be delayed if proper sales tax accounting is not attached.

If you have any questions regarding the attached form please contact Anna Austin w/UCPS at 704- 290-1541 or Chase Simpson at 704-290-1549.

AS OF JULY 1, 2011, THE SALES TAX DISTRIBUTION FOR UNION COUNTY IS 4.75% STATE

AND 2.00% COUNTY.

Mecklenburg County has an additional ½% local transit tax. They and Wake County are the only counties with 7 ¼% rate of tax. Other counties local to Union may have 2.25% for the County Rate.

For other county rates refer to Form Gen562 on the NC Department of Revenue website www.dor.state.nc.us.

PLEASE USE THE CORRECT DISTRIBUTION (NOTED ABOVE) ON ALL CONTRACTOR

STATEMENTS.

http://www.dor.state.nc.us/

Contractor:_________________________

Project Name:_______________________

STATE COUNTY SALES/USE TAX STATEMENT

CERTIFICATION

Sheet #:______ For Sales Taxes Paid from ________ to _______

Payment Application #: _______

Invoice Invoice Type of Taxable Amount County NC Tax County Transit Tax Total Number Date Vendor Materials of Invoice Name 4.75% Tax (2%/2.25%) (1/2%) Taxes

1) 2) 3) 4) 5) 6) 7) 8) 9) 10) 11) 12) 13) 14) 15) 16) 17) 18) 19) 20) 21) 22) 23) 24) 25)

Total:

We certify that the above listing includes all materials purchased by us and incorporated into the above referenced project for the period stated, became a permanent part of the project, and that the sales tax shown has been paid. The above represents a complete listing of these sales taxes paid for the pay application number.

Sworn and subscribed before me this ______ day of _________________, _________. By: ________________________________________

Notary Public: __________________________________________ Title: _______________________________________ My Commission Expires: __________________________________

I. Standard Terms and Conditions for All Contracts

1. Defined Terms, “Contract” means the agreement between UCBOE and Vendor which consists of the applicable Contract Documents. “Contract Documents” means: (i) any applicable purchase order between Vendor and UCBOE specifically including all terms and conditions set forth or referenced herein and on the face of a Purchase Order, (ii) any attachments hereto, (iii) any applicable solicitation documentation related to hereto (including without limitation any request for proposals or invitation for bids and Vendor’s response thereto), and (iv) any other terms and conditions of a written agreement signed by Vendor and UCBOE that deals with the same subject matter. “Goods” means any supplies, materials, products or other tangible personal property provided by Vendor to UCBOE. “Purchase Order” mean any applicable purchase order issued by UCBOE. “Services” means services, specifically including without limitation construction services, design services, professional or consulting services and software as a service, “UCBOE” means the Union County Board of Education. “Vendor” means the party contracting with UCBOE and includes individual and entities that may be referred to in Contract Documents as “vendor”, “seller”, “service provider”, or “contractor”.

2. Written Agreement Signed by Both Parties; Acceptance of Purchase Order Terms and Conditions when there is not a Separate Written Agreement Signed by Both Parties. When a Contract is signed by both UCBOE and Vendor then the Purchase Order issued by UCBOE is for administrative convenience and is not part of the Contract Documents. When there is not a separate Contract signed by both UCBOE and Vendor, then Vendor’s acknowledgment of the terms of any Purchase Order, without timely objection, or Vendor’s shipment or performance of any part of a Purchase Order, constitutes an agreement to all terms and conditions set forth or referenced herein and on the face of the Purchase Order, together with the terms and conditions of any other applicable Contract Documents. The terms and provisions set forth in the Contract Documents shall constitute the entire agreement between Vendor and UCBOE with respect to the purchase by UCBOE of the Services and/or Goods work performed as described in the Contract Documents. In the event of any conflict between any terms and conditions of the Contract Documents, the terms and conditions most favorable to UCBOE shall control. A Purchase Order constitutes an offer by UCBOE and expressly limits acceptance to the terms and conditions stated therein. No additional or supplemental provision or provisions in variance herewith that may appear in Vendor's quotation, acknowledgment, invoice, or in any other communication from Vendor to UCBOE shall be deemed accepted by or binding on UCBOE. UCBOE hereby expressly rejects all such provisions which supplement, modify or otherwise vary from the terms of the Contract Documents, and such provisions are superseded by the terms and conditions stated in the Contract Documents, unless and until UCBOE’s authorized representatives expressly assent, in writing, to such provisions. Stenographic and clerical errors and omissions by UCBOE are subject to correction.

3. Cancellation of Purchase Order. UCPS may cancel any Purchase Order or portion thereof without liability, if: (a) Vendor fails upon request to give reasonable assurance of timely performance or UCPS otherwise determines that it has reasonable grounds for insecurity regarding Vendor’s performance; (b) conforming Goods or Services (including the quantities specified for delivery) are not delivered within the time specified or, if no time is specified, within a commercially reasonable time; (c) Vendor otherwise breaches the Contract and such breach is not corrected within thirty…