INVITATION FOR BIDS AND

SPECIFICATIONS

FOR

DROP OFF IMPROVEMENTS

AT

OAK RIDGE ELEMENTARY SCHOOL

2050 OAK RIDGE ROAD

OAK RIDGE, NC 27310

OWNER AND DEVELOPER

GUILFORD COUNTY SCHOOLS

3920 NACO ROAD

GREENSBORO, NC 27401

PREPARED BY:

HUGH CREED ASSOCIATES, INC., P.A.

CONSULTING ENGINEERS AND LAND SURVEYORS

PO BOX 372

KERNERSVILLE, NC 27285

TELE: 336-275-9826

E-MAIL: HCA@HUGHCREEDASSOCIATES.COM

August 19, 2026 mailto:HCA@TRIADBIZ.RR.COM

TABLE OF CONTENTS

Guilford County Schools

Oak Ridge Elementary School Drop Off Improvements

Invitation for Bids 1 page E-Verify Affidavit 1 page Instructions to Bidders 7 pages Bid Form 3 pages Project Specifications 9 pages

INVITATION FOR BIDS

Drop-Off Improvements IFB# 6848

2050 Oak Ridge Road Oak Ridge, North Carolina 27310

Sealed proposals will be received by the Guilford County School System until 2:00 PM, on September 2, 2026 at 714 Green Valley Road, Greensboro, NC 27408 Conference Room 2A, to furnish all materials and labor for the installation of Drop Off Improvements for the Guilford County Schools at Oak Ridge Elementary School, 2050 Oak Ridge Road, Oak Ridge, NC 27310. Bids will not be opened in public.

Plans, specifications, and contract documents will be available at the pre-bid conference and by contacting the project engineer, Hugh Creed Associates, Inc., P.A., Consulting Engineers & Land Surveyors, 902 Crosscreek Rd, Kernersville, NC 27284, telephone (336) 275-9826, email:

hca@hughcreedassociates.com, during normal business hours. Plans, specifications and contract documents will be available free of charge for inspection in electronic format beginning August 21, 2026 through the GCS online plan room accessible by navigating to the following link:

https://www.gcsnc.com, then click on Departments, then scroll down and click on Maintenance, then scroll down and click on Maintenance Plan Room. Finally, click on the project name to access all documents for the project. Bidders will be responsible for checking the Plan Room for updates.

Paper copies of the drawings and the Project Manual will be available for viewing from 7:30 AM to 3:30 PM weekdays at the GCS Maintenance Office located at 3920 Naco Rd. Greensboro, NC 27403.

A brief description of work in the project follows:

1. Demolition and removal of portions of the existing drive, parking, curb and sidewalk for the installation of an additional drive lane, new curb, new sidewalk, new parking and new striping.

A NON-MANDATORY PRE-BID CONFERENCE will be held at the site at 11:00 AM, on August 26, 2026. Attendees shall assemble in the office at Oak Ridge Elementary School.

A 5% Bid Bond and 100% Performance and Labor and Material Payment Bonds are required for this project. No bid may be withdrawn after the scheduled closing time for the receipt of bids for a period of 60 days.

Minority businesses are encouraged to submit bids for this project. The appropriate forms from the section entitled "Participation by Women and Minority Owned Businesses" must be submitted with each bid to show good faith efforts to obtain Minority and Women Owned Business Enterprise participation.

The Board of Education awards public contracts without regard to race, religion, color, creed, national origin, sex, age or handicapped condition as defined by North Carolina General Statutes, Section 168A-3.

The Guilford County Board of Education reserves the right to reject any or all bids presented and to waive any informalities and irregularities.

Guilford County Schools Velicia Moore Purchasing Director https://www.gcsnc.com/

SUBMIT WITH EACH PAY REQUEST – FINAL PAYMENT - FINAL REPORT

AFFIDAVIT OF E-VERIFICATON

The undersigned hereby certifies on behalf of ____________________________________ (“Bidder”) that Bidder and its proposed Subcontractors for this project are in compliance with Article 2 of Chapter 64 of the North Carolina General Statutes, except for those with less than twenty five (25) employees that are exempt from the E-Verification requirements.

Date: Name of Authorized Officer:

Signature:

Title:

State of North Carolina, County of _ Subscribed and sworn to before me this day of 20___ Notary Public My commission expires

SEAL

BID FORM

GUILFORD COUNTY SCHOOLS

Oak Ridge Elementary School 2050 Oak Ridge Road Oak Ridge, NC 27310

Date _______________________

The undersigned, as Bidder, Hereby declares that the only person or persons interested in this proposal as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this proposal or in the contract to be entered into; that this proposal is made without connection with any other person, company or parties making a bid or proposal; and that it is in all respects fair and in good faith without collusion or fraud.

The bidder further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the Contract Documents relative thereto and he has taken special note that work shall be guaranteed for a period of one years after acceptance by Owner; and he has read all special provisions furnished prior to the opening of bids; that he has satisfied himself relative to the work to be performed.

The bidder proposes and agrees if this proposal is accepted to contract with the Owner in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the work as stated below in full and in complete accordance with the Contract Documents, as prepared by Hugh Creed Associates, Inc., P.A., Engineer, with a definite understanding that no money will be allowed for extra work except as set forth in the Contract Documents for the sum of:

BID – Drop Improvements

MATERIALS- $______________________

LABOR - $______________________

TAX- $______________________

TOTAL COST- $______________________

Provide a unit price for paving additional area, including fine grading, aggregate stone base and paving per typical pavement section. _____________________________ per sq. yd.

Provide unit price for undercutting unsuitable soils, removing from site, and replacement with suitable compacted soil. _____________________________ per cu. yd.

9740c Bid Form Page 1 of 3

Provide unit price for undercutting unsuitable soils, removing from site, and replacement with compacted ABC stone. ____________________________ per cu. yd.

The bidder further proposes and agrees to commence work on a date to be specified in a written order by Guilford County Schools and shall fully complete all work no later than __## days from

NTP___.

List the names of the major subcontractors below.

Grading Subcontractor __________________________________________________________________

Paving Subcontractor ___________________________________________________________________

Landscaping Subcontractor _______________________________________________________________ (Seeding/Tree Replacements or Removals)

The undersigned further agrees that in the case of failure on his part to execute the said contract and the bond within ten (10) consecutive calendar days after written notice being given of the award of contract, the certified check, cash or bid bond accompanying this bid shall be paid into the funds of the Owner’s account set aside for the project as liquidated damages for such failure; otherwise, the certified check, cash or bid bond accompanying this proposal shall be returned to the undersigned.

Attach certified check, cash or bid bond to the Proposal

9740c Bid Form Page 2 of 3

Respectfully submitted this ______________ day of _________________________________ 2019

(Name of firm or corporation making bid)

WITNESS: By: __________________________________________

__________________________________ Title: ________________________________ (Proprietorship or Partnership) (Owner, Partner, President or Vice President only)

Address: _________________________________________

License No: _______________________________________

ATTEST:

By: ________________________________________

Title: _______________________________________ (Corporate Secretary or Assistant Secretary only) (CORPORATE SEAL)

Addenda Received and Used in Computing Bids:

Addendum No. 1 Dated ___________________

Addendum No. 2 Dated ___________________

Addendum No. 3 Dated ___________________

Addendum No. 4 Dated ___________________

9740c Bid Form Page 3 of 3

Guilford County School System August 19, 2026

Project Specifications

Scope of Work The Contractor shall furnish all equipment, supervision, labor, materials, and any other incidentals to construct complete and make usable the drop off improvements as indicated on the approved project plans. The work shall include, but is not limited to, demolition and removal of portions of the existing drive, parking, curb and sidewalk for the installation of an additional drive lane, new curb, new sidewalk, new parking and new striping.

Project and Site Location

2050 Oak Ridge Road Oak Ridge, NC 27310

Standard Specifications The current edition of the following references shall apply to all work and materials on this project.

• Standard Specifications for Road and Structures (current edition) on the North Carolina Department of Transportation.

• North Carolina Erosion Control Standard

• American Society for Testing Materials (ASTM)- current edition

• American Concrete Institute (ACI), 301, 302, 304, 305, 306, 309, 311, 318.

• North Carolina Building Code- latest edition with all current amendments

• North Carolina Department of Agriculture

Examination of Site Before submitting a proposal, each bidder should visit the site of the work, fully informing himself as to all existing conditions, proposed improvements, and limitations.

All bidders shall include in their proposal a lump sum to cover all items necessary to complete the project.

Ensuring Normal Operations All work and schedules for performing work shall be coordinated and approved by Guilford County Schools to ensure that interruption of the normal operation of the school will be minimal.

Storage of Materials and Equipment All storage of materials and equipment to be used on the project shall be in areas approved by the Guilford County School System. All storage areas shall be restored near original condition as practical upon completion of the Contractors work on the project.

Construction Staking Construction staking will be provided by the owner once. Construction staking will be by HUGH CREED ASSOCIATES. INC., P.A. telephone 336-275-9826. Scheduling of all staking will be done directly with Hugh Creed Associates, Inc, PA, and must be requested 3 days in advance.

Public Convenience and Safety The Contractor shall at all times conduct the work in such a manner as to ensure the least obstruction practicable. The convenience of the general public and of the residents along and adjacent to the work shall be provided for in an adequate and satisfactory manner.

Buried Utilities The Contractor shall contact all utility companies for possible buried utilities within the construction area and will be held responsible for protection of the buried utilities or their damage during construction.

Codes, Permits, Regulations, and Inspections This installation shall comply with all local, state and federal laws, which may affect the project. The Contractor shall give all notices, obtain necessary permits and pay all required fees for licenses, inspections, testing etc. After completion of the work, the Contractor shall furnish a certificate of final inspection and approval from the necessary local, state and federal agencies.

Barricades, Danger, Warning, and Detour Signs The Contractor shall provide, erect, and maintain all necessary barricades, suitable and sufficient red lights, danger signals and signs, and take all necessary precautions for the protection of the work and safety of the public.

Weather Limitations For applicable weather and temperature limitations, refer to Division 6, Standard Specification for Roads and Structures (current edition) of the North Carolina Department of Transportation.

Warranty The Contractor warrants to the Owner that the projects constructed under this contract will be of good material and workmanship and agrees to replace promptly any part or parts which by any reason of defective material or workmanship shall fail under normal use, free of negligence or accident, for a minimum of 12 months from the date of acceptance. Such replacement shall be free of any charge to the Owner or his representative.

Inspections

1. Prior to beginning work, the Contractor shall provide a schedule; which is to define the construction effort. The Contractor shall be responsible for ensuring all applicable permits and requirements are met. The Contractor is to notify the Guilford County Schools Maintenance Department and Project Engineer for all inspection dates and times involving the service of all certifying agencies.

2. The Contractor, within the specified contract period, shall determine when work is completed and ready for owner’s acceptance inspection. The Maintenance Department representative (or Engineer), at the acceptance inspection, if warranted, will record a list of discrepancies that is to be used to identify work that is incomplete or not in accordance with the school system’s specifications. This list of discrepancies is to be known as the punch list.

At the conclusion of the final inspection, the owner (Guilford County Schools, Maintenance Department) shall make the following determination at the conclusion of the final inspection:

a. That the project is completed and accepted.

b. That the project is accepted subject to resolution of the punch list.

Correction of work not in accordance with specifications or determined to be unacceptable shall begin within 48 hours after receipt of notice from the Owner or inspector and shall be pursued to completion.

c. That the project is not accepted and another date for a final inspection will be identified.

Damages

1. The contractor is responsible for repairing all damages his organization causes to any school property during the performance of the installation.

2. Contractor is to:

a. Make an effort to locate and protect all existing underground utilities before and during his construction effort.

b. Isolate the work site as much as possible from student/public by means of ropes, fencing, barricades, etc.

Contractor Request for Change Orders

1. When latent and unforeseen conditions require modifications to the Contract, the Contractor must propose changes by submitting a request for a change to the owner

a. Include a statement outlining the reasons for the change and the effect of change on the contract total cost and time for completion. The request is to provide a detailed description of the proposed change.

b. Include a list of quantities of products required and unit cost, with the total amount of purchases to be made.

c. Indicate applicable taxes, delivery charges, equipment rental, and amounts of trade discounts.

2. Work on change orders must be preceded by Owners acceptance and a written notice.

Section 1 - Asphalt Paving

A. Description

1. The Contractor shall pave complete all areas, including compacted sub-base, base courses, asphalt paving, traffic and lane markings, or any other incidentals as indicated on the plans.

B. Materials

1. The Contractor shall use only locally available materials and gradations that comply with the requirements of the NCDOT “Standard Specifications for Roads and Structures” and exhibit a satisfactory record of previous installations.

a. Aggregate Base Course (ABC Stone) shall meet the requirements of Section 520 of NCDOT “Standard Specifications for Roads and Structures”. Depths of ABC Stone shall be installed as indicated on the plans

b. Asphalt Binder Course shall meet the requirements of Section 610 of

NCDOT “Standard Specifications for Roads and Structures”. Type I-19.0C Hot Mix Asphalt and depths as indicated on project drawings.

c. Surface Course shall meet the requirements of Section 610 of NCDOT “Standard Specifications for Roads and Structures”

Type S9.5B Hot Mix Asphalt and depths as indicated on project drawings.

d. Tack Coat: Asphalt material meeting the requirements of Section 605 of the NCDOT “Standard Specifications for Roads and Structures”.

e. Herbicide Treatment: Commercial chemical for weed control, registered by Environmental Protection Agency. Provide granular, liquid, or wettable powder form.

f. Parking Lot Marking Paint: Alkyd-resin type, ready mixed complying with AASHTO M 248, (FS TT-P-115) Type III.

Color: White for parking and bus lot striping.

Color: Yellow for fire lanes and service area striping.

g. Roadway Pavement Marking Paint: Thermoplastic Alkyd/Maleic and Hydrocarbon type, meeting the requirements of Section 1087 of NCDOT “Standard Specifications for Roads and Structures”.

Color: As indicated on the drawings.

C. Site Conditions

1. The Contractor shall establish and maintain required alignments and elevation as indicated on the plans.

2. Do not apply Base Course when sub-base is wet.

3. Apply prime and tack coats when ambient temperature is above 50º F., and when the temperature has not been below 35º F for 12 hours immediately prior to application.

4. Construct hot-mixed asphalt surface course when atmospheric temperature is above 50º F and when base is dry. Base course may be placed when air temperature is above 30º F and rising.

D. Base Courses

1. The Contractor shall install compacted Aggregate Base Course on prepared sub-grades to the required thickness grades, alignments, cross sections as indicated on the approved drawings.

2. Aggregate Base Course shall be compacted to not less than 98 percent of ASTM-D6998 relative density.

3. The Contractor shall ensure the Base Course has been shaped to require crown elevations and cross-slope grades.

4. When thickness of compacted base is 6” (150 mm) or less, place material in a single layer.

5. When thickness of compacted base course exceeds 6” (150 mm), place materials in equal layers, with no layer more than 6” (150 mm) thick or less then 3” (75 mm) thick when compacted.

E. Inspection and Testing

1. The Contractor shall contract with a qualified testing agency to inspect and test each sub-grade and each fill or backfill layer. Do not proceed until test results for previously completed work verify compliance with requirements.

a. Perform field in-place density test according to ASTM D1556

b. Paved Areas: at sub-grade and at each compacted fill and backfill layer, perform at least one field in place density test for every

2000 Sq. Ft. or less of paved area, but in no case fewer than four (4) tests.

c. Trench Backfill: In each compacted initial and final backfill layer, perform at least on field in-place density test for every 150 feet or less of trench, but not fewer than two tests per trench per day.

d. If the testing agency determines that the sub-grades, fills, or backfills do not meet the required density, the Contractor shall remove deficient soils until solid base and replace and compact with approved fill material.

e. Proof-Rolling: Sub-grade to receive fill or finish sub-grade of building or paved areas shall be proof-rolled with a fully loaded dual wheel tandem axial dump trick of similar construction equipment. Four passes shall be made in each orthogonal direction. The proof-roll operation shall be observed by the Project Engineer or Guilford County Schools’ Representative. Should any areas fail, as determined by the Project Engineer, the deficient soils shall be removed and replaced with approved compacted fill.

F. Surface Preparation

1. General: Remove loose material from compacted sub-base surface immediately before applying herbicide treatment or prime coat.

2. Proof-roll prepared sub-grade surface as described in Section 02200 “Earthwork” to check for unstable areas and areas requiring additional compaction.

3. Do not begin paving work until deficient sub-base areas have been corrected and are ready to receive paving.

4. Herbicide Treatment: Apply chemical weed control agent in strict compliance with manufacturer’s recommended dosages and application instructions. Apply to compacted, dry sub-base prior to application of prime coat.

5. Tack Coat: Apply to contact surface of previously constructed asphalt or Portland Cement concrete and surfaces abutting or projecting into hot-mixed asphalt pavement. Distribute at a rate of 0.05 to 0.15 gallons per sq. yd. of surface.

G. Placing Mix

1. General: Place hot-mixed asphalt mixture on prepared surface, spread and strike off. Spread mixture at a minimum temperature of 225 ºF. Place areas inaccessible to equipment by hand. Place each course to required grades, cross-section, and compacted thickness.

2. Paver Placing: Place in strips not less than 10 feet wide, unless otherwise acceptable to the Engineer. After first has been placed and rolled, place succeeding strips and extend rolling to overlap previous strips. Complete base course for a section before placing surface course.

3. Immediately correct surface irregularities in finish course behind paver.

Remove excess material forming high spots with shovel or lute.

4. Joints: Make joints between old and new pavements, or between successive days’ work, to ensure continuous bond between adjoining works. Construction joints to have same texture, density, and smoothness as other sections of hot-mixed asphalt course. Clean contact surfaces and apply tack coat.

H. Rolling

1. General: Begin rolling when mixture will bear roller weight without excessive displacement.

2. Compact mixture with hot hand tampers or vibrating plate compactors in areas inaccessible to rollers.

3. Breakdown Rolling: Accomplish breakdown rolling or initial rolling immediately following rolling of joints and outside edge. Check surface after breakdown rolling and repair displaced areas by loosening and filling, if required, with hot material.

4. Second Rolling: Follow breakdown rolling as soon as possible, while mixture is hot. Continue second rolling until mixture has been evenly compacted.

5. Finish Rolling: Perform finish rolling while mixture is still warm enough for removal of roller marks. Continue rolling until roller marks are eliminated and course has attained 95 percent laboratory density.

6. Patching: Remove and replace paving areas mixed with foreign materials and defective areas. Cut out such areas and fill with fresh, not hot-mixed asphalt.

Compact by rolling to specified surface density and smoothness.

Protection: After final rolling, do not permit vehicular traffic on pavement until in has cooled and hardened.

Erect barricades to protect paving from traffic until mixture has cooled enough not to become marked.

I. Traffic and Lane Marking

1. Cleaning: Sweep and clean surface to eliminate loose material and dust.

2. Materials: use thermoplastic marking for permanent markings on public streets and stop bars and crosswalks on private drives and parking lots. Use marking paint for parking and fire lane striping and other markings on private drives and parking lots.

3. Apply traffic paint with mechanical equipment to produce uniform straight edges. Apply at manufacturer’s recommended rates to provide minimum 12 to 15 mils dry thickness.

J. Field Quality Control

1. General: Testing of asphalt concrete mix and in-place hot-mixed asphalt courses for compliance with requirements for thickness and surface smoothness will be done by Owner’s testing laboratory in accordance with Division 1 Section 01400 “Quality Control”. Repair or remove and replace unacceptable paving as directed by the Engineer.

INSTRUCTIONS TO BIDDERS

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

2. NOTICE TO BIDDERS: All bids are subject to the provisions of the Instructions to Bidders, special terms and conditions specific to this Invitation for Bids, the specifications, and the North Carolina General Contract Terms and Conditions.

The Guilford County Schools (GCS) objects to and will not evaluate or consider any additional terms and conditions submitted with a bidder response. This applies to any language appearing in or attached to the document as part of the bidder’s response. DO NOT ATTACH ANY ADDITIONAL

TERMS AND CONDITIONS.

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

3. DEFINITIONS:

• BIDDER: Company, firm, corporation, partnership, individual, etc., submitting a response to an Invitation for Bids.

• TERM CONTRACT: A contract generally intended to cover all normal requirements for a commodity for a specified period of time based on estimated quantities only.

• STATEWIDE TERM CONTRACT: A term Contract for all agencies, unless exempted by statute, rule, or special term and condition specific to this bid.

• AGENCY SPECIFIC TERM CONTRACT: A Term Contract for a specific agency.

• OPEN MARKET CONTRACT: A contract for the purchase of a commodity not covered by a term contract.

4. EXECUTION: Failure to sign under EXECUTION section will render bid invalid.

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

6. TIME FOR CONSIDERATION: Unless otherwise indicated on the first page of this document, bidder’s offer shall be valid for 45 days from the date of bid opening. Preference may be given to bids allowing not less than 45 days for consideration and acceptance.

7. PROMPT PAYMENT DISCOUNTS: Bidders are urged to compute all discounts into the price offered.

If a prompt payment discount is offered, it will not be considered in the award of the contract except as a factor to aid in resolving cases of identical prices.

8. SPECIFICATIONS: Any deviation from specifications indicated herein must be clearly pointed out;

otherwise, it will be considered that items offered are in strict compliance with these specifications, and bidder will be held responsible therefore. Deviations shall be explained in detail. The bidder shall not construe this paragraph as inviting deviation or implying that any deviation will be acceptable.

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

Bids which do not comply with these requirements will be subject to rejection.

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

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

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

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

12. ACCEPTANCE AND REJECTION: GCS reserves the right to reject any and all bids, to waive any informality in bids and, unless otherwise specified by the bidder, to accept any item in the bid. If either a unit price or extended price is obviously in error and the other is obviously correct, the incorrect price will be disregarded.

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

14. TAXES:

• FEDERAL: All agencies participating in this contract are exempt from Federal Taxes, such as excise and transportation. Exemption forms submitted by the contractor will be executed and returned by the using agency.

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

• Any applicable taxes shall be invoiced as a separate item.

15. AWARD OF CONTRACT: As directed by statute, qualified bids will be evaluated and acceptance may be made of the lowest and best bid most advantageous to GCS as determined upon consideration of such factors as: prices offered; the quality of the articles offered; the general reputation and performance capabilities of the bidders; the substantial conformity with the specifications and other conditions set forth in the bid; the suitability of the articles for the intended use; the related services needed; the date or dates of delivery and performance; and such other factors deemed by GCS to be pertinent or peculiar to the purchase in question. Unless otherwise specified by GCS or the bidder, GCS reserves the right to accept any item or group of items on a multi-item bid.

In addition, on TERM CONTRACTS, GCS reserves the right to make partial, progressive or multiple awards: where it is advantageous to award separately by items; or where more than one supplier is needed to provide the contemplated requirements as to quantity, quality, delivery, service, geographical areas; other factors deemed by GCS to be pertinent or peculiar to the purchase in question.

All contracts are awarded contingent upon the availability of funds.

16. HISTORICALLY UNDERUTILIZED BUSINESSES: Pursuant to General Statute 143-48 and Executive Order #150, GCS invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled.

17. CONFIDENTIAL INFORMATION: As provided by statute and rule, the GCS will consider keeping trade secrets which the bidder does not wish disclosed confidential. Each page shall be identified in boldface at the top and bottom as “CONFIDENTIAL” by the bidder. Cost information shall not be deemed confidential. In spite of what is labeled as a trade secret, the determination whether it is or not will be determined by North Carolina law.

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

19. PROTEST PROCEDURES: When an offeror wants to protest a contract awarded pursuant to this solicitation, that is over $10,000, they must submit a written request to the State Purchasing Officer at the address given in the solicitation document entitled “Mailing Instructions”. This request must be received in the Division of Purchase and Contract within thirty (30) consecutive calendar days from the date of the contract award, and must contain specific reasons and any supporting documentation for the protest. Note: Contract award notices are sent only to those actually awarded contracts, and not to every person or firm responding to this solicitation. Bid status and Award notices are posted on the Internet at http://www.state.nc.us/PandC/. All protests will be handled pursuant to the North Carolina Administrative Code, Title 1, Department of Administration, Chapter 5, Purchase and Contract, Section 5B.1519.

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

21. DEFAULT AND PERFORMANCE BOND: In case of default by the contractor, Guilford County Schools

(GCS)

Velicia Gaddy Cross-Out may procure the articles or services from other sources and hold the contractor responsible for any excess cost occasioned thereby. GCS reserves the right to require performance bond or other acceptable alternative guarantees from successful bidder without expense to GCS.

22. SPECIAL REQUIREMENTS REGARDING CRIMINAL BACKGROUND

A. Criminal Background Investigations of individuals working on school property (sites occupied with students and sites not occupied with students).

B. At a minimum, the contractor shall obtain a complete North Carolina statewide criminal background investigation for all employees and subcontractors who will work on this project, covering a period for the last seven (7) years. If the contractor or subcontractor is from out of state, the criminal background investigation shall be broadened to include their home state, as well as the state of North Carolina as outlined above. The company providing such information must be recognized by local law enforcement agency as qualified to do so. All costs associated with these criminal background checks is the responsibility of the contractor.

Each prime contractor will be responsible for all their employees and all of their subcontractors working under them.

On sites that are occupied with students and staff, a daily sign-in sheet will be presented by each prime contractor to the principal and SRO – Student Resource Officer by 9:00 a.m. each morning.

If there is no SRO – provide to the Principal. This list will contain the name of each person on site and the company they work for.

C. Any individual with the following criminal convictions or pending charges will NOT be permitted on any school project or property.

1. Child Molestation or Abuse or indecent liberties with a child;

2. Rape;

3. Any Sexually Oriented Crime;

4. Drugs: Felony use, possession or distribution;

5. Murder, manslaughter or other death related charge; or

6. Assault with a deadly weapon or assault with intent to kill.

D. Any individual with a prior conviction or pending charges contained in the aforementioned list, shall be banned (not allowed) from any school project or property.

E. Each person on site must wear a plastic laminated identification badge that identifies the name of the company and the person’s name. These badges are to be computer produced at a font large enough to be clearly visible. All costs associated with these criminal background checks is the responsibility of the contractor. The ID badge template will be made available to the successful prime contractors at the Pre-Construction Meeting.

F. Guilford County Schools, may, at any time, request verification of criminal background investigation for any employee or subcontractor on school property.

GENERAL CONTRACT TERMS AND CONDITIONS

1. DEFAULT AND PERFORMANCE BOND: In case of default by the contractor, Guilford County Schools

(GCS) may procure the articles or services from other sources and hold the contractor responsible for any excess cost occasioned thereby. GCS reserves the right to require performance bond or other acceptable alternative guarantees from successful bidder without expense to GCS.

2. GOVERNMENTAL RESTRICTIONS: In the event any Governmental restrictions are imposed which necessitate alteration of the material, quality, workmanship or performance of the items offered prior to their delivery, it shall be the responsibility of the contractor to notify, in writing, the issuing purchasing office at once, indicating the specific regulation which required such alterations. GCS reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.

3. AVAILABILITY OF FUNDS: Any and all payments to the contractor are dependent upon and subject to the availability of funds to the agency for the purpose set forth in this agreement. No goods or services should be shipped or provided prior to issuance of a Purchase Order to the vendor/contractor by Guilford County Schools.

4. TAXES: Any applicable taxes shall be invoiced as a separate item.

G.S. 143-59.1 bars the Secretary of Administration from entering into contracts with vendors if the vendor or its affiliates meet one of the conditions of G. S. 105-164.8(b) and refuse to collect use tax on sales of tangible personal property to purchasers in North Carolina. Conditions under G. S. 105- 164.8(b) include: (1) Maintenance of a retail establishment or office, (2) Presence of representatives in the State that solicit sales or transact business on behalf of the vendor and (3) Systematic exploitation of the market by media-assisted, media-facilitated, or media-solicited means. By execution of the bid document the vendor certifies that it and all of its affiliates, (if it has affiliates), collect(s) the appropriate taxes.

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

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

7. INSPECTION AT CONTRACTOR’S SITE: GCS reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a prospective contractor prior to contract award, and during the contract term as necessary for GCSdetermination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the contract.

8. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, whichever is later. The using agency is responsible for all payments to the contractor under the contract. Payment by some agencies may be made by procurement card and it shall be accepted by the contractor for payment if the contractor accepts that card (Visa, Mastercard, etc.) from other customers. If payment is made by procurement card, then payment may be processed immediately by the contractor.

9. AFFIRMATIVE ACTION: The contractor will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or disability.

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

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

12. PATENT: The contractor shall hold and save GCS, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, on account of any copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this contract, including use by the government.

13. ADVERTISING: Contractor agrees not to use the existence of this contract or the name of the State of North Carolina as part of any commercial advertising.

14. ACCESS TO PERSONS AND RECORDS: The State Auditor and the using agency’s internal auditors shall have access to persons and records as a result of all contracts or grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7 and Session Law 2010- 194, Section 21 (i.e., the State Auditors and internal auditors may audit the records of the contractor during the term of the contract to verify accounts and data affecting fees or performance).

15. ASSIGNMENT: No assignment of the contractor’s obligations nor the contractor’s right to receive payment hereunder shall be permitted. However, upon written request approved by the issuing purchasing authority and solely as a convenience to the contractor, may:

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

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

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

16. INSURANCE COVERAGE: - 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:

a. Worker’s Compensation - The contractor shall provide and maintain Worker’s Compensation Insurance, as required by the laws of North Carolina, as well as employer’s liability coverage with minimum limits of $150,000.00, covering all of contractor’s employees who are engaged in any work under the contract. If any work is sublet, the contractor shall require the subcontractor to provide the same coverage for any of his employees engaged in any work under the contract.

b. Commercial General Liability - General Liability Coverage on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $1,000,000.00 Combined Single Limit. (Defense cost shall be in excess of the limit of liability.)

c. Automobile - Automobile Liability Insurance, to include liability coverage, covering all owned, hired and non-owned vehicles, used in connection with the contract. The minimum combined single limit shall be $150,000.00 bodily injury and property damage; $150,000.00 uninsured/under insured motorist;

and $1,000.00 medical payment.

REQUIREMENTS: Providing and maintaining adequate insurance coverage is a material obligation of the contractor and is of the essence of this contract. 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.

17. GENERAL INDEMNITY: The contractor shall hold and save the State, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses, with the exception of consequential damages, accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the contractor in the performance of this contract and that are attributable to the negligence or intentionally tortuous acts of the contractor provided that the contractor is notified in writing within 30 days that the State has knowledge of such claims. The contractor represents and warrants that it shall make no claim of any kind or nature against the State’s agents who are involved in the delivery or processing of contractor goods to the State. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract.

18. ELECTRONIC PROCUREMENT (APPLIES TO ALL CONTRACTS THAT INCLUDE E-

PROCUREMENT AND ARE IDENTIFIED AS SUCH IN THE BODY OF THE SOLICITATION

DOCUMENT): Purchasing shall be conducted through the Statewide E-Procurement Service. The State’s third party agent shall serve as the Supplier Manager for this E-Procurement Service. The contractor shall register for the Statewide E-Procurement Service within two (2) business days of notification of award in order to receive an electronic purchase order resulting from award of this contract.

19. THE SUCCESSFUL BIDDER(S) SHALL PAY A TRANSACTION FEE OF 1.75% (.0175) ON THE

TOTAL DOLLAR AMOUNT (EXCLUDING SALES TAXES) OF EACH PURCHASE ORDER ISSUED

THROUGH THE STATEWIDE E-PROCUREMENT SERVICE This applies to all purchase orders, regardless of the quantity or dollar amount of the purchase order. This transaction fee shall neither be charged to nor paid by the State, or by any State approved users of the contract. The transaction fee shall not be stated or included as a separate item in the proposed contract or invoice. There are no additional fees or charges to the contractor for the services rendered by the Supplier Manager under this contract. Contractor will receive a credit for transaction fees they paid for the purchase of any item(s) if an item(s) is returned through no fault of the contractor. Transaction fees are non-refundable when an item is rejected and returned, or declined, due to the contractor’s failure to perform or comply with specifications or requirements of the contract.

Contractor or its Authorized Reseller, as applicable, will be invoiced monthly for the State’s transaction fee by the Supplier Manager. The transaction fee shall be based on purchase orders issued for the prior month. Unless Supplier Manager receives written notice from the Contractor identifying with specificity any errors in an invoice within thirty (30) days of the receipt of invoice, such invoice shall be deemed to be correct and Contractor shall have waived its right to later dispute the accuracy and completeness of the invoice.

Payment of the transaction fee by the Contractor is due to the account designated by the State within thirty (30) days after receipt of the correct invoice for the transaction fee, which includes payment of all portions of an invoice not in dispute. Within thirty (30) days of the receipt of invoice, contractor may request in writing an extension of the invoice payment due date for that portion of the transaction fee invoice for which payment of the related goods by the governmental purchasing entity has not been received by the Contractor. If payment of the transaction fee is not received by the State within this payment period, it shall be considered a material breach of contract. The Supplier Manager shall provide, whenever reasonably requested by the contractor in writing (including electronic documents), supporting documentation from the E-Procurement Service that accounts for the amount of the invoice.

The Supplier Manager will capture the order from the State approved user, including the shipping and payment information, and submit the order in accordance with the E-Procurement Service. Subsequently, the Supplier Manager will send those orders to the appropriate contractor on State Contract. The State or State approved user, not the Supplier Manager, shall be responsible for the solicitation, bids received, evaluation of bids received, award of contract, and the payment for goods delivered.

Contractor agrees at all times to maintain the confidentiality of its user name and password for the Statewide E-Procurement Services. If a contractor is a corporation, partnership or other legal entity, then the contractor may authorize its employees to use its password. Contractor shall be responsible for all activity and all charges by such employees. Contractor agrees not to permit a third party to use the Statewide E-Procurement Services through its account. If there is a breach of security through the contractor’s account, contractor shall immediately change its password and notify the Supplier Manager of the security breach by e-mail.