ITB 367-OC5424 Installation of 3 Bus Shelters.pdf

Orange County Bid Page #1 Rev 2024-02

COUNTY OF ORANGE

FINANCE AND ADMINSTRATIVE SERVIES – PURCHASING

PO BOX 8181

HILLSBOROUGH, NORTH CAROLINA 27278

ORANGE COUNTY BID NO. 367-OC5424

May 20, 2024

ATTENTION:

INTERESTED VENDORS

Orange County requests your competitive quotation to furnish the item(s) listed below for the Orange County Addition of 3 Bus Shelters, Hillsborough, NC 27278.

A non-mandatory site visit is scheduled for Wednesday, June 5, 2024, at 10:00 am at the site. We will meet at the Orange County Library Building (Main Entrance) located at 137 West Margaret Lane, Hillsborough, NC. This is the only scheduled time for contractors to view the site. By submission of a bid, the contractor acknowledges he/she fully understands the extent of the project.

Please transmit this quotation via email to the Orange County Purchasing Agent-jamaro@orangecountync.gov no later than June 20, 2024, at 2:00 PM

Item # Commodities/Goods or Services 1 The Work consists of providing all labor and materials to install three (3) Bus Shelters with pads per the drawings dated: 04/18/2024.

Drawings: C-1, C-2, C-3, C-4, C-5, C-6, C-7. The prime contractor shall be responsible for all permits, the historical permits will be handled by the owner. The three bus shelters are to be provided by Orange County.

These shelters are currently on site at 600 Hwy 86 North, Hillsborough and must be transported to the install locations by the awarded contractor.

SUBMIT PRICING ON ATTACHMENT A

Will any people working on this job make less than the current adopted Orange County Living Wage Yes _______ No_______ If yes, the lowest hourly wage to be paid to any employee shall be: $_______/ Hour

**SEE ATTACHED INSTRUCTIONS TO BIDDERS**

License _____________ (if applicable) FIRM NAME ________________________________________

BY ______________________________________________

(Proposal must be signed in writing) ADDRESS __________________________ FAX: _____________________________________________

__________________________ TELEPHONE: ______________________________________

EMAIL: ___________________________________________

mailto:jamaro@orangecountync.gov

Orange County Bid Page #2 Rev 2024-02

COUNTY OF ORANGE

FINANCE AND ADMINISTRATIVE SERVICES – PURCHASING

PO BOX 8181 131 WEST MARGERET LANE

HILLSBOROUGH, NORTH CAROLINA 27278

Instructions to Bidders

1. All bids and proposals shall be for furnishing apparatus, supplies, materials, equipment, and/or work and services in accordance with the applicable plans and specifications prescribed by Orange County. Plans and/or specifications may be obtained at Orange County’s website https://www.orangecountync.gov/Bids.aspx

2. Orange County reserves the right to:

o award to the lowest responsible bidder that is responsive, o to reject any or all bids, o And to waive minor informalities.

3. The successful bidder shall comply fully with the requirements of General Statutes, Section 143-129 and 143-131, as amended. This is an informal range; therefore, there will not be a formal opening. Results will be made available after the award.

4. In the event of default by any contractor or vendor Orange County may procure from other sources whatever service or item is being bid and holds the contractor responsible for any excess cost occasioned thereby.

5. Payment by electronic funds transfer is due thirty days after completion and inspection unless otherwise specifically provided; subject to any discounts allowed.

6. North Carolina sales and use tax shall be included in the bid amount.

7. Bids shall be submitted via email to jamaro@orangecountync.gov

8. Proposals received after the opening date and time shall not be considered.

9. Bids must be signed and submitted on the attached form of the proposal.

10. The successful contractor shall be responsible for obtaining all permits and inspections.

11. The successful contractor shall be required to agree to and sign the Orange County Construction Agreement (copy attached). Among the items included in that agreement are the County’s Insurance requirements and sales tax.

12. All contractors are hereby notified that they must have proper licenses as required under the state laws governing their respective trades. General contractors are notified that Chapter 87, Article 1, General Statutes of North Carolina, will be observed in receiving and awarding general contracts. General contractors submitting bids on this project must have license classification for “Unlimited Building” or “Unclassified,” required by the NC General Contractors Licensing Board under G.S. 87-1.

13. Please direct questions concerning this bid document to Jovana Amaro, Purchasing Agent, Orange County Finance and Administrative Services, (919) 245-2651, or via email at jamaro@orangecountync.gov. Please direct any questions about the scope, site visit, details of the work, or the proposal to Angel Barnes, Orange County Capital Projects Manager, Orange County AMS 919-245-2528, email: abarnes@orangecountync.gov.

14. A non-mandatory site visit is scheduled for Wednesday, June 5, 2024, at 10:00 am at the site. We will meet at the Orange County Library Building (Main Entrance) located at 137 West Margaret Lane, Hillsborough, NC. This is the only scheduled time for contractors to view the site. By submission of a bid, the contractor acknowledges he/she fully understands the extent of the project.

15. Critical updated information may be included in Addenda to this bid. It is important that all contractors proposing on this ITB periodically check the Orange County’s website https://www.orangecountync.gov/bids.aspx for any Addenda that may be issued prior to the bid deadline. All contractors shall be deemed to have read and understood all information in this ITB and all Addenda thereto.

16. Minority Business Participation Requirements: Orange County has established a ten percent (10%) minority business participation goal for the total monetary value of this project.

https://www.orangecountync.gov/Bids.aspx mailto:jamaro@orangecountync.gov mailto:jamaro@orangecountync.gov mailto:abarnes@orangecountync.gov https://www.orangecountync.gov/bids.aspx

Orange County Bid Page #3 Rev 2024-02

Provide with the bid – Under GS 143-128.2(c) the undersigned bidder shall identify on its bid (identification of Minority Business Participation Form) the minority businesses that it will use on the project with the total dollar value of the bids that will be performed by the minority businesses. Also, list the good faith efforts (Affidavit A) made to solicit minority participation in the bid effort.

After the bid opening – The Owner will consider all bids and alternates and determine the lowest responsible, responsive bidder. Upon notification of being the apparent low bidder, the bidder shall then file within 72 hours of the notification of being the apparent lowest bidder, the following:

An Affidavit (C) that includes a description of the portion of work to be executed by minority businesses, expressed as a percentage of the total contract price, which is equal to or more than the 10% goal established.

This affidavit shall give rise to the presumption that the bidder has made the required good faith effort and Affidavit D is not necessary.

*OR*

If less than the 10% goal, an Affidavit (D) of its good faith effort to meet the goal shall be provided. The document must include evidence of all good faith efforts that were implemented, including any advertisements, solicitations, and other specific actions demonstrating recruitment and selection of minority businesses for participation in the contract.

17. The following forms are required to be returned with your bid package.

o Contractor Signed Bid Forms o Living Wage Contractor Policy o E-Verify Affidavit o Orange County Nondiscrimination Certification o Supplemental Vendor Information: Historically Underutilized Businesses o Minority Business Participation Forms

Note: Bidders must always submit with their bid the Identification of Minority Business Participation Form listing all MB contractors, vendors, and suppliers that will be used. Failure to file a required affidavit or documentation with the bid or after being notified apparent low bidder is grounds for rejection of the bid.

Orange County Bid Page #4 Rev 2024-02

Attachment A

Bid Proposal Form: Addition of 3 Bus Shelters

The contractor agrees to furnish all materials, labor, and any other supplies or equipment necessary to complete the above work, for the sum of:

$____________________________ Labor

$____________________________ Materials

$____________________________ Total BID

• All work must be completed within 120 days of the project start date (approx. July 1, 2024) (anticipated completion date October 29, 2024).

• Contractor is willing to participate in the County’s “Docusign” digital contracting process and enter into a standard contract with the County.

• No proposal may be withdrawn after the scheduled closing time and date for the receipt of Bids for a period of (60) sixty days.

(Name of firm or corporation making bid)

By: _____________________________________________________ Signature

Name: ___________________________________________________ Print or type

Title _____________________________________________________ (Owner/Partner/Pres./V.Pres)

Address __________________________________________________

License No._________________________________________________

Federal I.D. No. ______________________________________________

Email Address: _______________________________________________

Addendum(s) received and used in computing bid: (Check or date beside each addendum your firm using for computing your bid)

Addendum No. 1 _______ Addendum No. 3 _______ Addendum No. 5 _______ Addendum No. 7 _______

Addendum No. 2 _______ Addendum No. 4 _______ Addendum No. 6 _______ Addendum No. 8 _______

Orange County Bid Page #5 Rev 2024-02

Checklist for Items to be returned with the bid.

All items listed below must be returned with your bid package.

� Contractor’s Completed and Signed Form of Proposal � Living Wage Contractor Policy � E-Verify Affidavit � Orange County Nondiscrimination Certification � Supplemental Vendor Information: Historically Underutilized Businesses � MB Participation Forms

Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid

MBForms 2002-Revised July 2010

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 ($) .

Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid

State of North Carolina AFFIDAVIT A – Listing of Good Faith Efforts

County of

(Name of Bidder)

Affidavit of I have made a good faith effort to comply under the following areas checked:

Bidders must earn at least 50 points from the good faith efforts listed for their bid to be considered responsive. (1 NC Administrative Code 30 I.0101)

1 – (10 pts) Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor, or available on State or local government maintained lists, at least 10 days before the bid date and notified them of the nature and scope of the work to be performed.

2 --(10 pts) Made the construction plans, specifications and requirements available for review by prospective minority businesses, or providing these documents to them at least 10 days before the bids are due.

3 – (15 pts) Broken down or combined elements of work into economically feasible units to facilitate minority participation.

4 – (10 pts) Worked with minority trade, community, or contractor organizations identified by the Office of Historically Underutilized Businesses and included in the bid documents that provide assistance in recruitment of minority businesses.

5 – (10 pts) Attended prebid meetings scheduled by the public owner.

6 – (20 pts) Provided assistance in getting required bonding or insurance or provided alternatives to bonding or insurance for subcontractors.

7 – (15 pts) Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing.

8 – (25 pts) Provided assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit.

9 – (20 pts) Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible.

10 - (20 pts) Provided quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands.

The undersigned, if apparent low bidder, will enter into a formal agreement with the firms listed in the Identification of Minority Business Participation schedule conditional upon scope of contract to be executed with the Owner. Substitution of contractors must be in accordance with GS143-128.2(d) Failure to abide by this statutory provision will constitute a breach of the contract.

The undersigned hereby certifies that he or she has read the terms of the minority business commitment and is authorized to bind the bidder to the commitment herein set forth.

Date: Name of Authorized Officer:

Signature:

Title:

State of______________, County of

Subscribed and sworn to before me this day of 20

Notary Public

My commission expires

SEAL

Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid

State of North Carolina --AFFIDAVIT B-- Intent to Perform Contract with Own Workforce.

County of

Affidavit of (Name of Bidder)

I hereby certify that it is our intent to perform 100% of the work required for the contract.

(Name of Project)

In making this certification, the Bidder states that the Bidder does not customarily subcontract elements of this type project, and normally performs and has the capability to perform and will perform all elements of the work on this project with his/her own current work forces; and

The Bidder agrees to provide any additional information or documentation requested by the owner in support of the above statement. The Bidder agrees to make a Good Faith Effort to utilize minority suppliers where possible.

The undersigned hereby certifies that he or she has read this certification and is authorized to bind the Bidder to the commitments herein contained.

Date: Name of Authorized Officer:

State of _________ __ , County of ________________________

Subscribed and sworn to before me this day of 20___

Do not submit with bid Do not submit with bid Do not submit with bid Do not submit with bid

State of North Carolina - AFFIDAVIT C - Portion of the Work to be

Performed by HUB Certified/Minority Businesses County of

(Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.)

If the portion of the work to be executed by HUB certified/minority businesses as defined in GS143- 128.2(g) and 128.4(a),(b),(e) is equal to or greater than 10% of the bidders total contract price, then the bidder must complete this affidavit.

This affidavit shall be provided by the apparent lowest responsible, responsive bidder within 72 hours after notification of being low bidder.

Affidavit of I do hereby certify that on the

(Project Name)

Project ID# Amount of Bid $

I will expend a minimum of % of the total dollar amount of the contract with minority business enterprises. Minority businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below. Attach additional sheets if required

Name and Phone Number *Minority Category

**HUB

Certified

Y/N

Work Description

Dollar Value

*Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), ** HUB Certification with the state HUB Office required to be counted toward state participation goals.

Pursuant to GS143-128.2(d), the undersigned will enter into a formal agreement with Minority Firms for work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill this commitment may constitute a breach of the contract.

The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth.

State of , County of

Subscribed and sworn to before me this day of 20

Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid

MBForms 2002-Revised May 2010 -1-

State of North Carolina AFFIDAVIT D – Good Faith Efforts

County of

(Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.)

If the goal of 10% participation by HUB Certified/ minority business is not achieved, the Bidder shall provide the following documentation to the Owner of his good faith efforts:

Affidavit of I do hereby certify that on the

(Project Name)

Project ID# Amount of Bid $

I will expend a minimum of % of the total dollar amount of the contract with HUB certified/ minority business enterprises. Minority businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below. (Attach additional sheets if required)

Name and Phone Number *Minority Category

**HUB

Certified

Y/N

Work Description

Dollar Value

*Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), ** HUB Certification with the state HUB Office required to be counted toward state participation goals.

Examples of documentation that may be required to demonstrate the Bidder's good faith efforts to meet the goals set forth in these provisions include, but are not necessarily limited to, the following:

A. Copies of solicitations for quotes to at least three (3) minority business firms from the source list provided by the State for each subcontract to be let under this contract (if 3 or more firms are shown on the source list). Each solicitation shall contain a specific description of the work to be subcontracted, location where bid documents can be reviewed, representative of the Prime Bidder to contact, and location, date and time when quotes must be received.

B. Copies of quotes or responses received from each firm responding to the solicitation.

C. A telephone log of follow-up calls to each firm sent a solicitation.

D. For subcontracts where a minority business firm is not considered the lowest responsible sub-bidder, copies of quotes received from all firms submitting quotes for that particular subcontract.

E. Documentation of any contacts or correspondence to minority business, community, or contractor organizations in an attempt to meet the goal.

F. Copy of pre-bid roster

G. Letter documenting efforts to provide assistance in obtaining required bonding or insurance for minority business.

H. Letter detailing reasons for rejection of minority business due to lack of qualification.

I. Letter documenting proposed assistance offered to minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letter of credit, including waiving credit that is ordinarily required.

Failure to provide the documentation as listed in these provisions may result in rejection of the bid and award to the next lowest responsible and responsive bidder.

Pursuant to GS143-128.2(d), the undersigned will enter into a formal agreement with Minority Firms for work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill this commitment may constitute a breach of the contract.

Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid

MBForms 2002-Revised May 2010 -2-

The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth.

Title:

State of , County of

Subscribed and sworn to before me this day of 20

Section I: General Government and Administration

Policy 10.0: Living Wage Contractor Policy

Reviewed by: County Attorney/County Manager

Approved by: County Manager

Original Effective Date: April 21, 2016

Revisions: August 1, 2016

Policy Statement

It is the policy of Orange County to ensure its employees, and all individuals who provide services for Orange

County, are paid a living wage.

Purpose

To encourage all vendors and contractors to pay a living wage to all employees who perform work pursuant to a contract with Orange County.

Applicability

Applies to all Orange County contracts and purchases.

Policy

10.1 Living Wage

10.1.1 Orange County is committed to providing its employees with a living wage and encourages all contractors and vendors doing business with Orange County to pursue the same goal. Orange County’s living wage is as reflected in the adopted Orange County Budget and as that budget document is amended from time to time. To the extent possible, Orange County recommends that contractors and vendors seeking to do business with Orange County provide a living wage to their employees.

10.1.2 Prior to final execution of a contract with Orange County all contractors and vendors seeking to do business with Orange County shall submit to the County’s representative a statement indicating whether those employees who will perform work on the Orange County contract are paid at least the living wage amount set out above. If such employees do not make at least the living wage amount set out above the contractor or vendor shall indicate in the statement the actual amount paid to such employees. For bid projects this statement should be submitted as part of the bid packet.

This policy may be reviewed annually and updated as needed by the Manager’s Office

Acknowledged Receipt by: ____________________________________________________

Company Name: ____________________________________________________________

Date: ___________________________________________________________________

STATE OF NORTH CAROLINA

AFFIDAVIT

ORANGE COUNTY

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

________________________________ (the entity bidding on project hereinafter "Employer") after first being duly sworn hereby swears or affirms as follows:

1. Employer understands that E-Verify is the federal E-Verify program operated by the United States

Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-25(5).

2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with

NCGS§64-26(a).

3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No)

a. YES _____, or

b. NO _____

4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project

Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer.

This ____ day of _______________, 20__.

Signature of Affiant Print or Type Name: _________________________

State of North Carolina, _________ County

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

My Commission Expires:

(A ffix O fficial/N o tarial Seal)

Chapter 12 Civil Rights.

Sections 12-23 – 12-49 Reserved.

AN ORDINANCE PROHIBITING DISCRIMINATION THROUGHOUT ORANGE COUNTY

Sec. 12-50. - Title.

This Ordinance shall be known and may be cited as the Orange County Non-Discrimination Ordinance.

Sec. 12-51. – Policy and Severability.

(a) It is the policy of Orange County not to enter into a contract with any business, company, or firm that has discriminated in the solicitation, selection, hiring or treatment of vendors, suppliers, subcontractors or commercial customers against a Protected Class, or on the basis of any otherwise unlawful use of individual or personal characteristics regarding such vendor's, suppliers, commercial customers, employees, or owners in connection with a county contract or solicitation;

provided that nothing in this non-discrimination policy shall prohibit or limit otherwise lawful efforts to remedy the effects of discrimination that has occurred or is occurring in the marketplace.

1. It is the policy of Orange County that every Orange County created contract and subcontract for goods or services shall contain a non-discrimination clause that prohibits discrimination as that term is defined herein.

(b) It is further the policy of Orange County that discrimination has no place in Orange County, North

Carolina and it is the intent of this ordinance to provide uniform legal protection to individuals in all Protected Classes, making it unlawful for any person to discriminate in housing, public accommodations, and transportation.

(c) Should any provision of this Ordinance be found to be unconstitutional by a court of law such provision shall be severed from the remainder of the Ordinance and such action shall not affect the enforceability of the remaining provisions of the Ordinance.

Sec. 12-52. - Definitions.

(a) Discrimination means any disadvantage, difference, o r distinction in the solicitation, selection, hiring, service to, or treatment of a vendor, supplier, subcontractor, or customer on the basis of Protected Class status or on the basis of any otherwise unlawful use of personal or individual characteristics.

(b) Housing and public accommodations have the same common meaning as those terms are defined in the Orange County Civil Rights Ordinance.

(c) Person means any individual, business, or company, regardless of organizational structure, providing for profit goods, facilities, services, accommodations, transportation, or access to the general public.

(d) Protected Class means age (as defined in the Orange County Civil Rights Ordinance), race, ethnicity, color, national origin, religion, creed, sex, sexual orientation, gender, gender identity, gender expression, marital status, familial status, source of income, disability, political affiliation, veteran status, disabled veteran status.

(e) Public Accommodation has the same meaning as that term is defined in the Orange County Civil Rights

Ordinance except that for purposes of this Ordinance Public Accommodation includes:

1. Transportation companies and transportation providers operating company-owned or privately-owned vehicles providing transportation to the general public; and

2. Private residences providing short-term rentals to members of the general public. A short-term rental means the provision of a room, space, or residential unit that is suitable or intended for occupancy for dwelling, sleeping, or lodging purposes, for a period of fewer than 30 consecutive days, in exchange for a charge for the occupancy.

Sec. 12-53. - Contractor bid requirements.

(a) All requests for bids or proposals issued for county contracts shall include a certification to be completed by the bidder or proposer in substantially the following form:

The undersigned bidder or proposer hereby certifies and agrees that the following information is correct:

1. In preparing its enclosed bid or proposal, the bidder or proposer has considered all bids and proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in discrimination as defined in Section 12-52 of the Orange County Non-discrimination Ordinance.

2. Without limiting any other remedies that Orange County may have for a false certification, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for Orange County to reject the bid or proposal submitted with this certification, and terminate any contract awarded based on such bid or proposal. It shall also subject the bidder or proposer to disqualification from participating in county contracts or bid processes for up to two years.

3. As a condition of contracting with Orange County, the bidder or proposer agrees to promptly provide to Orange County all information and documentation that may be requested by Orange County from time to time regarding the solicitation and selection of suppliers and subcontractors in connection with this solicitation process. Failure to maintain or failure to provide such information constitutes grounds for Orange County to reject the bid or proposal and to terminate, without penalty to Orange County, any contract awarded on such bid or proposal. All such information and documentation shall be maintained for a period of three years after the expiration of the contract.

4. As part of its bid or proposal, the bidder or proposer shall provide to Orange County a list of all instances within the past ten years where a complaint was filed or pending against bidder or proposer in a legal or administrative proceeding alleging that bidder or proposer discriminated against its subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken.

5. As a condition of submitting a bid or proposal to O ra n ge County the bidder or proposer agrees to comply with the Orange County Non-discrimination Ordinance. Falsification of this certification shall constitute a violation of the Orange County Non-Discrimination Ordinance and shall be grounds for rejection of the bid or proposal or termination, without fault to Orange County, of a contract.

6. As a condition of submitting a bid or proposal to Orange County the bidder or proposer agrees that Orange County may consider the information submitted as part of this certification in its determination of the responsibility of the bidder or proposer. The bidder or proposer, as the case may be, waives the right to challenge the rejection of a bid or proposal when such rejection is based, in its entirety, on information contained in this certification.

Sec. 12-54. - Prohibited acts.

(a) It shall be unlawful for any person to deny any person the full and equal enjoyment of the goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation on the basis of Protected Class status or on the basis of any otherwise unlawful use of individual or personal characteristics.

(b) It shall be unlawful for any person to make, print, circulate, post, mail or otherwise cause to be published a statement, advertisement, or sign which indicates that the full and equal enjoyment of the transportation, access, goods, services, facilities, privileges, advantages, and accommodations of a place of public accommodation will be refused, withheld from, or denied any person on the basis of Protected Class status or on the basis of any otherwise unlawful use of individual or personal characteristics, or that any person's patronage of or presence at a place of public accommodation is objectionable, unwelcome, unacceptable, or undesirable on the basis of Protected Class status or on the basis of any otherwise unlawful use of individual or personal characteristics; provided, however, this section does not apply to a private club or other establishment not, in fact, open to the public.

(c) It shall be unlawful for any person to intentionally or knowingly:

1. Perform or attempt to perform any act which directly or indirectly results in an individual's bodily injury or property damage where such act is directed at an individual or a group of individuals because of that person's or that group's perceived or actual Protected Class status or on the basis of any otherwise unlawful use of individual or personal characteristics.

2. Solicit, encourage, compensate, assist, or conspire with another to perform or attempt to perform any act which directly or indirectly results in an individual's bodily injury or property damage where such act is directed at an individual or a group of individuals because of that person's or that group's perceived or actual Protected Class status or on the basis of any otherwise unlawful use of individual or personal characteristics.

(d) No person shall be found to have violated this Ordinance solely on the basis of the content of any speech or communication used by such person.

Sec. 12-55. Exemptions.

(a) All applicable exemptions found in Section 12-11 of the Orange County Civil Rights Ordinance related to housing shall apply to alleged violations of Section 12-54 of this Ordinance.

Sec. 12-56. Investigation, Enforcement, and Remedy.

(a) Sections 12-16 through and including 12-21 of the Orange County Civil Rights Ordinance shall be followed and adhered to during the investigation of any alleged violation of this Ordinance. Any remedies available through said sections of the Orange County Civil Rights Ordinance shall be available hereunder.

ORANGE COUNTY NONDISCRIMINATION CERTIFICATION

The undersigned bidder or proposer hereby certifies and agrees that the following information is correct:

1. In preparing its enclosed bid or proposal, the undersigned bidder or proposer has considered all bids and proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in discrimination as defined in Section 12-52 of the

Orange County Non-discrimination Ordinance.

2. Without limiting any other remedies that Orange County may have for a false certification, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for Orange County to reject the bid or proposal submitted with this certification, and terminate any contract awarded based on such bid or proposal. It shall also subject the bidder or proposer to disqualification from participating in county contracts or bid processes for up to two years.

3. As a condition of contracting with Orange County, the undersigned bidder or proposer agrees to promptly provide to Orange County all information and documentation that may be requested by Orange County from time to time regarding the solicitation and selection of suppliers and subcontractors in connection with this solicitation process. Failure to maintain or failure to provide such information constitutes grounds for Orange County to reject the bid or proposal and to terminate, without penalty to Orange County, any contract awarded on such bid or proposal. All such information and documentation shall be maintained for a period of three years after the expiration of the contract.

4. As part of its bid or proposal, the undersigned bidder or proposer shall provide to

Orange County a list of all instances within the past ten years where a complaint was filed or pending against bidder or proposer in a legal or administrative proceeding alleging that bidder or proposer discriminated against its subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken.

5. As a condition of submitting a bid or proposal to Orange County the undersigned bidder or proposer agrees to comply with the Orange County Non-discrimination

Ordinance. Falsification of this certification shall constitute a violation of the Orange

County Non-Discrimination Ordinance and shall be grounds for rejection of the bid or proposal or termination of an existing contract, without fault or further obligation to

Orange County.

6. As a condition of submitting a bid or proposal to Orange County the undersigned bidder or proposer agrees that Orange County may consider the information submitted as part of this certification in its determination of the responsibility of the undersigned bidder or proposer. The undersigned bidder or proposer, as the case may be, waives the right to challenge the rejection of a bid or proposal when such rejection is based, in its entirety, on information submitted as part of this certification.

The bidder or proposer certifies the undersigned has full authority to sign on its behalf.

By:________________________________________

Printed Name and Title

On behalf of _________________________________

Company or Corporate name

Supplemental Vendor Information: HISTORICALLY UNDERUTILIZED BUSINESSES

Historically Underutilized Businesses (HUBs) consist of minority, women and disabled business firms that are at least fifty-one percent owned and operated by an individual(s) of the categories. Also included in this category are disabled business enterprises and non-profit work centers for the blind and severely disabled.

Pursuant to G.S. 143B-1361(a), 143-48 and 143-128.4, the County invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled. This includes utilizing subcontractors to perform the required functions in this RFP/RFQ. Any questions concerning NC HUB certification, contact the North Carolina Office of Historically Underutilized Businesses at (919) 807- 2330. The Vendor shall respond to question #1 and #2 below.

1) Is Vendor a Historically Underutilized Business? Yes No

2) Is Vendor Certified with North Carolina as a Historically Underutilized Business? Yes No

If so, state HUB classification:

http://ncadmin.nc.gov/businesses/hub

Revised 01/24

ORANGE COUNTY

NORTH CAROLINA

DISPUTE RESOLUTION RULES AND PROCEDURES FOR ORANGE COUNTY DESIGN, BUILDING

CONSTRUCTION, RENOVATION, AND REPAIR PROJECTS

RULE 1. INITIATING MEDIATED SETTLEMENT CONFERENCES

A. Purpose of Mandatory Settlement Conferences. Pursuant to G.S. §143-128(f1) and 143-

135.26(11), these Rules are promulgated to implement a mediated settlement program designed to focus the parties’ attention on settlement rather than on claim preparation and to provide an opportunity for orderly settlement negotiations to take place. Nothing herein is intended to limit or prevent the parties from engaging in settlement procedures voluntarily at any time prior to or during commencement of the dispute resolution process.

B. Initiating the Dispute Resolution Process

1. Any party to a County public construction contract (referred to herein generally as the

“Contract”) governed by Article 8. Ch. 143 of the General Statutes and identified in G.S. § 143-

128(f1) and who is a party to a dispute arising out of the Contract and the construction process in which the amount in controversy is at least $15,000 may submit a written request to the

County for mediation of the dispute.

2. Prior to submission of a written request for mediation to the County, the party requesting mediation should give notice of any and all claims in accordance with their respective contracts, obtain decisions on the claims as required or allowed by their respective contracts, and attempt to resolve the dispute according to the terms and conditions in their respective contracts. The

Mediator may adjourn any mediated settlement conference if the Mediator believes, in his or her sole discretion, that the parties have not satisfied all of the terms and conditions of their respective contracts and that doing so will enhance the prospects for a negotiated settlement.

C. Condition Precedent to Litigation. Before any party to a Contract may commence a civil action against the County seeking remedies for breach or non-performance of the Contract by the County, said party must first initiate the dispute resolution process under these rules and attend and participate in good faith in the mediated settlement conference.

RULE 2. SELECTION OF MEDIATOR

A. Mediator Listing. A List of Mediators acceptable to the County is maintained by the County Attorney and that list is incorporated by reference into these Rules.

B. Selection of Mediator. The party requesting mediation shall select a Mediator from the List of

Mediators and shall file, with the County, a Notice of Selection of Mediator within 21 days of the request for mediation. Such notice shall state the name, address, and phone number of the Mediator selected. If the Mediator selected is not available or declines to participate for any reason, the requesting party shall select another person from the List of Mediators. If the party requesting mediation does not select and designate a mediator within 21 days of the request for mediation, the County shall have the right in its absolute discretion to appoint a mediator from its List of Mediators.

C. Disqualification of Mediator. Any party may request replacement of the Mediator for good cause.

Nothing in this provision shall preclude Mediators from disqualifying themselves.

RULE 3. THE MEDIATED SETTLEMENT CONFERENCE

A. Where Conference is to be Held. Unless all parties and the Mediator otherwise agree, the mediated settlement conference shall be held in county seat of Orange County. The Mediator shall be responsible for reserving a place, making arrangements for the conference, and giving timely notice of the time and location of the conference to all attorneys, unrepresented parties and other persons or entities required to attend.

B. When Conference is to be Held. The mediation shall be completed within 90 days after selection of the Mediator unless all parties to the mediation agree to a different schedule.

C. Request to Accelerate or Extend Deadline for Completion. Any party or the Mediator may request the County to accelerate or extend the deadline for completion of the conference. Such request shall state the reasons the acceleration or extension is sought and shall be served by the moving party upon the other parties and the Mediator. Objections to the request must be promptly communicated to the

County and to the Mediator.

The County, with the concurrence of the designated Mediator, may grant the request by adjusting the time for completion of the conference.

D. Recesses. The Mediator may recess the mediation conference at any time and may set times for reconvening. If the Mediator determines the time and place where the conference is to reconvene before the conference is recessed, no further notice is required to persons present at the conference.

E. Project Delay. The mediated settlement conference that results from a construction contract dispute shall not be cause for the delay of the construction project.

RULE 4. DUTIES OF PARTIES AND OTHER PARTICIPANTS IN FORMAL DISPUTE RESOLUTION PROCESS

A. Attendance.

1. All parties to the dispute must designate an official representative to attend the mediation.

2. “Attendance” means physical attendance, not by telephone or other electronic means. Any attendee representing a party must have authority from that party to bind it to any agreement reached as a result of the mediation.

3. Attorneys representing parties may attend the mediation, but are not required to do so.

4. Sureties and insurance company representatives are required to physically attend the mediation unless the Mediator and all of the other parties to the mediation excuse their attendance or consent to their attendance by telephone or other electronic means.

5. The parties who attend a duly scheduled mediation conference shall have the right to recover their share of the Mediator’s compensation from any party or parties who fail to attend the conference without good cause.

B. Finalizing Agreement. If an agreement is reached in the conference, the terms of the agreement shall be confirmed in writing and signed by all parties.

C. Payment of Mediation Fee: Mediation Fees charged by the Mediator shall be paid in accordance with

G.S. § 143-128(f1).

D. Failure to Compensate Mediator. Any party’s failure to compensate the Mediators in accordance with G.S. § 143-128(f1) shall subject that party to a withholding by the County of said amount of money from the party’s payment or any other moneys owed by that party to the County.

Should the County fail to compensate the Mediator, it shall hereby be subject to a civil cause of action from the Mediator for the County’s portion of the Mediator’s total fee as required by G.S. § 143-128(f1).

RULE 5. AUTHORITY AND DUTIES OF MEDIATORS

A. Authority of Mediator.

1.Control of Conference. The Mediator shall at all times be in control of the conference and the procedures to be followed.

2.Private Consultation. The Mediator may communicate privately with any participant or counsel prior to and during the conference. The fact that private communications have occurred with a participant shall be disclosed to all other participants at the beginning of the conference.

3.Scheduling the Conference. The Mediator shall make a good faith effort to schedule the conference at a time that is convenient with the participants, attorneys and Mediator. In the absence of agreement, the Mediator shall select the date for the conference.

4.Determining good cause for a party’s failure to appear at a scheduled mediation conference.

B.Duties of Mediator.

1.The Mediator shall define and describe the following at the beginning of the conference:

a.The process of mediation.

b.The difference between mediation and other forms of conflict resolution.

c.The costs of the mediated settlement conference.

d.That the mediated settlement conference is not a trial, the Mediator is not a judge, and the parties retain their legal rights if they do not reach settlement; however, the

Mediator will advise all parties that failure to appear at mediation without good cause may result in imposition of sanctions and may be asserted as a bar to lawsuits by claimants who have failed to exhaust this administrative remedy.

e.The circumstances under which the Mediator may meet and communicate privately with any of the parties or with any other person.

f.Whether and under what conditions communications with the Mediator will be held in confidence during the conference.

g.The inadmissibility of conduct and statements as provided by G.S. §7A-38.1(1).

h.The duties and responsibilities of the Mediator and the participants.

i.That any agreement reached will be reached by mutual consent.

2. Disclosure: The Mediator has a duty to be impartial and to advise all participants of any possible bias, prejudice or partiality.

3. Declaring Impasse: The Mediator may determine at any time during the mediation conference that an impasse exists and that the conference should end.

4. Reporting Results of Conference. The Mediator shall submit a written report to the County and the other parties within 10 days of the conference stating whether or not the parties reached an agreement. The Mediator’s report shall indicate the absence of any party from the mediated settlement conference without permission or good cause.

5. Scheduling and Holding the Conference. It is the duty of the Mediator to schedule the conference and conduct it prior to the deadline of completion set by the rules. The Mediator shall strictly observe deadlines for completion of the conference unless said time limit is changed by agreement of the parties.

RULE 6. COSTS AND COMPENSATION OF THE MEDIATOR

The Parties shall compensate the Mediator for mediation services at the rate proposed by the Mediator and agreed to by the parties at the time the Mediator is selected. The Parties shall be jointly responsible for the Mediator’s costs and expenses subject to Rule 4.C. above. Each Party is responsible for its own costs and expenses, including reasonable attorneys’ fees, related to the Meiation.

RULE 7. RULE MAKING

These Rules may be amended by the County at any time. Amendments will not affect mediations where claims or requests for mediation have been filed at the time the amendment takes effect.

RULE 8. DEFINITIONS

A. “County” shall mean Orange County North Carolina.

B. “Project Designer” is that person or firm stipulated as project designer in the Contract Documents for the project.

C. “Claim” is a demand or assertion by a party seeking adjustment or interpretation of Contract terms, payment of money, extension of time or other relief with respect to the terms of the Contract. The term

“Claim” also includes other disputes and matters in question between the parties to a Contract involved in the County’s building construction renovation and repair projects arising out of or relating to the

Contract or the construction process. Claims must be initiated by a written notice. The responsibility to substantiate Claims shall rest with the party making the Claim.

D. “Good Cause” generally includes any circumstance beyond the control of a party, which prevents that party from meeting obligations. When good cause is asserted as an excuse for a party’s failure to appear at a mediation conference or to otherwise comply with the requirements of these Rules, the Mediator, in his or her sole discretion, will determine whether good cause exists to excuse the party’s failure to appear or otherwise comply with these rules.

RULE 9. TIME LIMITS

A. Any time limit provided for by these…