Solid Waste and Recycling Collection Services.pdf
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- Attached to
- Solid Waste and Recycling Collection
- Solicitation number
- RFP No. SW-10302026
- Issued by
- Halifax County, North Carolina
About this file
Summary
This is a Request for Proposals (RFP) document issued by Harnett County, North Carolina, for solid waste and recycling collection services at county administrative buildings. The county seeks five-year proposals from qualified firms to provide collection, transportation, and disposal of municipal solid waste and recyclables using contractor-provided receptacles and containers. The RFP was publicly noticed on October 6, 2026, with a deadline for submitting written questions by 5:00 p.m. on October 15, 2026, and responses to questions posted by October 19, 2026. Sealed bids are due by 2:00 p.m. on October 30, 2026, at the Harnett County Resource Center and Library (455 McKinney Parkway, Lillington, NC 27546), with a public bid opening scheduled for 2:30 p.m. that same day. The contract will commence upon execution by both parties and run for an initial period of five years. Harnett County reserves the right to award the contract to a single bidder or multiple selected contractors and to reject any and all proposals.
Bidders must submit complete proposals including a letter of transmittal, detailed concept of services, demonstration of contractor experience with at least three references, financial statements prepared in accordance with Generally Accepted Accounting Principles, proof of required insurance coverage (general liability, workers compensation, automobile liability, and excess umbrella coverage up to $3,000,000), and a completed fee proposal on the provided attachment. All proposed fees must include costs for collection, transportation, disposal, processing, and provision of new containers, with no fuel or environmental fees permitted. Harnett County will evaluate proposals based on cost, ability to meet service expectations, experience with related programs, references and financial stability, completeness of proposal, and ability to provide and maintain equipment. Bidders must comply with E-Verify requirements, provide Iran Divestiture Act certification, conduct sexual offender registry checks on all personnel, and certify compliance with conflict of interest laws. Historically underutilized businesses are encouraged to participate, and the county specifically discourages the use of USPS mail for bid submission due to routing delays.
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Harnett County
REQUEST FOR PROPOSALS
Solid Waste and Recycling Collection Services
Harnett County
Point of Contact: Renea Warren-Ford, Procurement Manager
Email: bids@harnett.org
DEADLINE FOR SUBMISSION OF PROPOSALS:
October 30, 2026
NOTICE TO BIDDERS
All bids are required to be SEALED and received by Harnett County, Finance Department located at 455 McKinney Parkway, Lillington, NC 27546, RFP No. SW-10302026 Attn: Renea Warren- Ford no later than 2:00 p.m. (local time) on Friday, October 30, 2026. All replies must reference RFP No. SW-10302026.
NOTE: RFP No. SW-10302026 and Contractor Name, must be present and visible and clearly labeled on the outer shipping package/container/envelope otherwise the bid will be rejected. Refer to page 4 for proper mailing instructions.
Bids submitted via facsimile (FAX) machine, open, see through, or emailed in response to this Request for Proposal will not be acceptable. Bids are subject to rejection unless submitted on this form.
*Historically Underutilized Businesses are encouraged to bid.
mailto:bids@harnett.org
RFP No. 200-WASTE-01212025-CR Page 2 of 21
EVENT DATE/TIME
Public Notice October 6, 2026
Submit Questions to bids@harnett.org By 5:00pm on October 15, 2026
Provide Responses to Questions at www.harnett.org By October 19, 2026
Bid Documents Due By 2:00 p.m. on October 30, 2026
Public Bid Opening All Sealed Bids will be publicly opened on October 30, 2026 at 2:30 p.m.
mailto:purchasing@johnston.k12.nc.us http://www.harnett.org/
RFP No. 200-WASTE-01212025-CR Page 3 of 21
Harnett County REQUEST FOR PROPOSALS
SOLID WASTE COLLECTION and RECYCLING SERVICES
1. REQUEST FOR PROPOSALS
A. Request
Harnett County is seeking 5-year proposals from qualified firms to provide collection of solid waste and recycling from County administrative buildings, utilizing Contractor-provided receptacle/containers.
B. Obtaining a Request for Proposal
This RFP is available to all qualified firms. Copies of this RFP can be obtained from Harnett Finance Department, or by emailing Renea Warren-Ford, Procurement Manager at bids@harnett.org.
C. Questions
All questions regarding this RFP, the services identified herein, or any request for additional data or information must be submitted in writing by 5:00 P.M. on Thursday, October 15, 2026. All questions must be sent to Renea Warren-Ford, via email bids@harnett.org the subject line must reference Questions RFP No.
SW-10302026.
Responses to these questions will be provided no later than Monday, October 19, 2026 via www.harnett.org under Finance/Bid Opportunities. Harnett County will make every effort to provide answers to questions within 24 hours of receiving the question via the Link provided. Questions received after the timeframe provided to submit questions are not guaranteed to be answered. Harnett County will make every effort to answer any and all questions submitted.
D. Submission of Proposal
To receive consideration, an original and two (2) copies of the proposal shall be submitted to Harnett County Resource Center and Library (by mail or in person) to 455 McKinney Parkway, Lillington, NC 27546 RFP No. SW-10302026, Attn: Renea Warren-Ford no later than 2:00 P.M., on Friday, October 30, 2026. Bidders are welcome to attend the bid opening but bidder presence is not required and no weight or other consideration toward any award decision will be given to any bidder’s attendance or absence at the bid opening. The time/date recorder located at Harnett County Resource Center and Library, 455 McKinney Parkway will be used to record the official time of receipt. The outside of the sealed envelope or package shall be marked RFP No. SW-10302026 and include Contractor Name.
*** USPS mail is automatically routed to our PO Box which creates issues for large packages, please do NOT use this method to send proposals.***
E. MAILING INSTRUCTIONS:
mailto:bids@harnett.org bids@harnett.org http://www.harnett.org/
RFP No. 200-WASTE-01212025-CR Page 4 of 21
Mail one original executed bid document and (2) copies of the proposal. Bids should be completely sealed, address envelope, and include bid number as shown below to Harnett County Finance Department, located at 455 McKinney Parkway, Lillington, NC 27546 RFP No. SW-10302026.
Attn: Renea Warren-Ford, no later than 2:00 P.M. on Friday, October 30, 2026. It is the responsibility of the bidder to have the bid in this office by the specified time and date of opening.
*** USPS mail is automatically routed to our PO Box which creates issues for large packages, please do NOT use this method to send proposals.***
DELIVER TO:
Harnett County Resource Center and Library Finance Department Attn: Renea Warren-Ford 455 McKinney Parkway Lillington, NC 27546 RFP Enclosed “SW-10302026”
RFP number and contractor name must be clearly written on OUTER envelope.
FAILURE TO INCLUDE BID NUMBER AND
CONTRACTOR NAME ON OUTER ENVELOPE MAY
CAUSE BID TO BE CONSIDERED NONRESPONSIVE.
2. SUMMARY
The intent of this RFP is to provide trash and recycling services to all Harnett County administrative buildings. No fuel or environmental fees will be allowed during the term of the agreement.
3. TERM OF CONTRACT
A. It is Harnett County’s intent to award a single overall bidder or more than one selected
Contractor to provide collection, transportation of solid waste and recycling. All Harnett County solid waste shall be delivered to a permitted transfer station or landfill. All recyclables shall be delivered to a licensed MRF or Processing Facility. Disposal fees will be paid by the hauler. Harnett County will enter into an agreement with the Contractor it determines to be in the best interests of Harnett County. Start date to be determined upon award.
RFP No. 200-WASTE-01212025-CR Page 5 of 21
B. The agreement shall commence upon the date of execution of the agreement by both parties for an initial period of five years. Any amendment or modification of the agreement shall be null and void, unless it is contained in writing signed by both parties.
4. PROPOSAL FORMAT
The Contractor shall include the following:
A. Letter of Transmittal
The letter of transmittal accompanying any proposal shall be addressed to Harnett County Procurement Manager, Renea Warren-Ford, must, at a minimum, contain the following:
1. Identification of the Contractor, including name, address, telephone number, fax number, and e-mail address;
2. Location of the office from which service will be provided, including hours of operation; and
3. The signature of an officer of the Contractor authorized to bind the Contractor.
B. Responsiveness to Harnett County Request
The Contractor shall include the Contractor’s detailed concept for the provision of all services identified herein.
C. Contractor’s Experience
The proposal must include a demonstration of the Contractor’s knowledge and experience related to the types of services identified in this RFP. This should include a list of similar projects and a description of the Contractor’s general organization and names of key personnel, indicating the depth and quality of experience of such personnel.
A minimum of three references shall be provided, which shall include the following:
(1) identification of each reference, (2) a contact person at the reference, and (3) the reference's mailing address, telephone number, and email address. All references shall be from similar projects done by the personnel to be involved in providing service under this RFP. (3) references that are similar in size and complexity to Harnett County.
D. Financial and Insurance Information
Contractor shall submit a financial statement in accordance with the Generally Accepted Accounting Principles as part of its proposal.
Insurance: CONTRACTOR shall be required to carry general liability insurance, workers compensation insurance and motor vehicle insurance as required by State laws as outlined below:
RFP No. 200-WASTE-01212025-CR Page 6 of 21
Coverage Minimum Limits of Liability Workers Compensation Statutory Employer Liability $100,000/$500,000 General Liability Bodily Injury $500,000 each occurrence Property Damage $100,000 aggregate Automobile Liability Bodily Injury $1,000,000 each person
$1,000,000 each occurrence Property Damage $1,000,000 each occurrence Excess Umbrella Coverage $3,000,000 each occurrence
Certificates of insurance shall be provided to CUSTOMER by CONTRACTOR Contractor shall maintain, for the duration of the contract, insurance against claims for injuries to persons or damages to property which may arise from or in conjunction with the performance of the work by the contractor, agents, representatives, employees, or subcontractor.
E. Fee Proposal
The fee proposal (Attachment A) shall be completed. The proposal must list all fees or charges that may be levied to Harnett County in connection with the collection of solid waste and recycling including disposal and recycle processing fees. An authorized official having legal authority to submit bids on behalf of the company must sign Attachment B. Bidder is also required to submit Attachment C, Attach E-Verify and Iran Divestiture Forms; and Attachment D, Locations and Frequency of Cans Form.
5. PROCESSING OF PROPOSALS
Harnett County reserves the right to reject any and all proposals and discontinue the RFP process without obligation or liability to any potential contractor.
Harnett County reserves the right to select the proposal(s) which in its sole judgment best meet the news, services and cost of Harnett County.
Harnett County reserves the right to accept or reject any one or more items of the proposal and/or waive any irregularities or informalities in any proposal or in the proposal process.
Harnett County reserves the right to award more than one contract to one or more bidders if it is in the best interest of Harnett County.
Harnett County will make decisions regarding evaluation of the proposal. Harnett County also reserves the right to judge and determine whether a request is compliant and has satisfactorily met the requirements of the RFP.
A. Harnett County Not Liable for Any Pre-contractual Expenses
In no event shall Harnett County be liable for any expenses incurred in the preparation of a Contractor's proposal or any other expenses incurred prior to execution of an agreement by both parties. Pre-contractual expenses include, but are not limited to, the following:
1. Expenses related to preparing and submitting a proposal to Harnett County;
RFP No. 200-WASTE-01212025-CR Page 7 of 21
2. Expenses related to negotiations with Harnett County, including without limitation negotiation regarding any mailer related to the contract terms, professional fees, and schedule; and
3. Any other expenses incurred by the Contractor prior to entering into an agreement with Harnett County.
B. Notification of Successful Contractor(s).
Contractors shall be notified as soon as possible by Harnett County following approval by the Harnett County Board of Commissioners during their regular scheduled board meeting.
Selection of Contractors.
1. Qualifications
The Contractor shall be a single firm and must show evidence of its technical capability in the services identified in this RFP. The Contractor shall also be knowledgeable concerning all applicable federal, state, and local laws, regulations, and ordinances. Work shall be done in conformance with current professional practices in the State of North Carolina.
2. Criterion for Selection of Contractor to Negotiate an Agreement
Harnett County will analyze the following criterion in selecting a Contractor:
a. Cost
b. Ability to meet service expectations
c. Experience with related programs
d. References and financial stability
e. Completeness of the proposal
f. Ability to provide and maintain equipment
6. OPERATIONS – LOCATION AND FREQUENCY OF COLLECTION
A. Collection
All Solid Waste will be delivered safely and legally to a permitted Transfer Station or Landfill. Recyclables shall be delivered safely and legally to an approved processor.
B. Routes of Collection
Collection routes shall be established by the Contractor. A copy of the pickup schedule shall be provided to Harnett County.
C. Hours of Collection
Normal hours of collection shall be as specified below. Exceptions will be approved by Harnett County only when necessary to complete collection of routes due to unusual circumstances.
D. Holidays
RFP No. 200-WASTE-01212025-CR Page 8 of 21
When the regular pickup falls on a holiday, herein defines as Thanksgiving Day and Christmas Day (or any day the Transfer Station/Landfill is closed) the pickup shall be made on the following day, unless otherwise authorized by Harnett County.
Collection routes shall be established by the Contractor. A copy of the pickup schedule shall be provided to Solid Waste.
E. Missed Collections
The Contractor shall, at no cost to Harnett County, provide same day collection of any missed collections. A system notification shall be established between the County and the Contractor for resolution of problems related to the collection.
F. Necessary Equipment and Containers; Repair and Maintenance
1. Contractors shall provide an adequate number of vehicles to collect solid waste and recyclables in accordance with the Agreement. The vehicles shall be licensed in the State of North Carolina and shall be operated in compliance with all applicable state, federal, and local laws, regulations, and ordinances. The vehicles shall be manufactured and maintained to conform to the appropriate American National Standard Institute‘s specifications. Each vehicle shall bear, at a minimum, the name of the Contractor and means by which the Contractor may be contacted (i.e. website, phone number, email address, etc.), which shall be plainly visible on both sides of the vehicle.
2. The Contractor shall properly maintain all Contractor-owned collection equipment, vehicles, MSW and recycling containers and endeavor to keep the same serviceable. When they are no longer serviceable, such items of equipment shall be replaced with equipment in proper operating condition.
3. The Contractor will perform all maintenance and repairs at its own expense on
Contractor-provided containers and equipment in order to keep such in proper operating condition. The Contractor shall maintain, repair, or replace a container upon the reasonable request of Harnett County. The Contractor is entitled to seek restitution for all maintenance or repairs occasioned by the negligent or intentional acts of third parties from such responsible third party, and Harnett County shall not be liable for any damages or expenses related thereto.
7. BILLING AND CUSTOMER SERVICE
A. Invoices
The Contractor will bill Harnett County on a monthly basis. Harnett County shall make payment of the full amount due under the invoice within thirty (30) days of receipt of an invoice. Harnett County and Contractor shall cooperate in providing the necessary information and billing on a timely basis so that payment may be made.
B. Resolution of Disputes
Any disputes that may arise will be governed by North Carolina law in the County of Harnett.
RFP No. 200-WASTE-01212025-CR Page 9 of 21
8. Additional Terms and Conditions
Additional terms and conditions that will become a part of the Agreement are included in Attachments A through D and terms and conditions that follow, in this RFP.
RFP No. 200-WASTE-01212025-CR Page 10 of 21
ATTACHMENT A
Fee Proposal for Solid Waste and Recycling Collection
Services FEE PROPOSAL
Proposed fees must be complete and include all costs associated with collection, transportation, disposal, processing, and the provision of new containers. Container sizes and quantities may vary by service location based on the needs of each site and as directed by Harnett County.
The Contractor must be able to provide flat-style containers for municipal solid waste (MSW) in the sizes specified by Harnett County for each location. Recycling containers shall be flat slot-style containers in the sizes specified by Harnett County. All initial containers provided under this contract shall be new or in like-new condition.
YEAR 1
Total Monthly Price for MSW Cans $ ____________________
Total Monthly Price for Recycling Cans $ ____________________
Total Annual Price for MSW and Recycling Cans $ ____________________
YEAR 2
Total Monthly Price for MSW Cans $ ____________________
Total Monthly Price for Recycling Cans $ ____________________
Total Annual Price for MSW and Recycling Cans $ ____________________
YEAR 3
Total Monthly Price for MSW Cans $ ____________________
Total Monthly Price for Recycling Cans $ ____________________
Total Annual Price for MSW and Recycling Cans $ ____________________
YEAR 4
Total Monthly Price for MSW Cans $ ____________________
Total Monthly Price for Recycling Cans $ ____________________
Total Annual Price for MSW and Recycling Cans $ ____________________
YEAR 5
Total Monthly Price for MSW Cans $ ____________________
Total Monthly Price for Recycling Cans $ ____________________
Total Annual Price for MSW and Recycling Cans $ ____________________
RFP No. 200-WASTE-01212025-CR Page 11 of 21
THIS IS THE CURRENT USAGE AND FREQUENCY OF PICK UP
RFP No. 200-WASTE-01212025-CR Page 12 of 21
Attachment B
EXECUTION
In compliance with this Request for Proposals and subject to all the conditions herein, the undersigned offers and agrees to furnish and deliver any or all items upon which prices are bid, at the prices set opposite each item within the time specified herein. By executing this bid, I certify that this bid is submitted competitively and without collusion (G.S. 143-54), that none of our officers, directors, or owners of an unincorporated business entity has been convicted of any violations of Chapter 78A of the General Statutes, the Securities Act of 1933, or the Securities Exchange Act of 1934 (G.S. 143-59.2), and that we are not an ineligible contractor as set forth in G.S. 143-59.1. False certification is a Class I felony.
This submission is an attestation that the entity providing this response is in compliance with state and federal conflicts of interest laws, including N.C.G.S. 14-234. Specifically, the entity attests that it is not owned by a Harnett County Board member or the spouse of a Harnett County Board member with more than a 10% ownership interest or other interest in the entity such that, if selected, the entity would be a party to the contract, derive any income or commission directly from the contract, or acquire property under the contract.
Failure to execute/sign bid prior to submission shall render bid invalid. Late bids are not acceptable
Company Name: ______________________________________________________
Address: ____________________________________________________________
Telephone:____________________________ Fax: ______________________________
Email: _______________________________ Website: ___________________________
Has your company been debarred, suspended, or otherwise excluded or ineligible from doing business with either the State or Federal Government? Yes ____ No _____
Authorized Signature: _____________________________ Print Name: __________________
Date: __________________
RFP No. 200-WASTE-01212025-CR Page 13 of 21
Attachment C
Attach E-Verify and Iran Divestiture Forms
Attachment D
Locations and Frequency of Cans Form
RFP No. 200-WASTE-01212025-CR Page 14 of 21
TERMS AND CONDITIONS
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 special terms and conditions specific to this Request for Proposals, the specifications. Harnett County objects to and will not evaluate or consider any additional terms and conditions submitted with a bidder response. This applies to any language appearing in or attached to the document as part of the bidder’s response. DO NOT ATTACH ANY ADDITIONAL TERMS
AND CONDITIONS.
By execution and delivery of this document, the bidder agrees that any additional terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect.
3. DEFINITIONS:
BIDDER: Company, firm, corporation, partnership, individual, etc., submitting a response to this Request for Proposal.
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.
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, and (3) 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. 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.
8. 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 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.
9. RECYCLING AND SOURCE REDUCTION: It is the policy of Harnett County to encourage and promote the purchase of products with recycled content to the extent economically practicable, and to purchase items which are reusable, refillable, repairable, more durable, and less toxic to the extent that the purchase or use is practicable and cost-effective. We also encourage and promote using minimal packaging and the use of recycled/recyclable products in the packaging of commodities purchased. However, no sacrifice in quality of packaging will be acceptable. The company remains responsible for providing packaging that will protect the commodity and contain it for its intended use. Companies are strongly urged to bring to the attention of Harnett County which issued the solicitation document, those products or packaging they offer which have recycled content and that are recyclable.
10. 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 Harnett County or department directly. Any and all revisions to this document shall be made only by written addendum from Harnett County Finance Department. 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.
11. ACCEPTANCE AND REJECTION: Harnett County reserves the right to reject any and all bids, to waive any
RFP No. 200-WASTE-01212025-CR Page 15 of 21 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.
12. REFERENCES: Harnett County reserves the right to request a list of users of the exact item offered. Harnett
County may contact these users to determine acceptability of the bid. Such information may be considered in the evaluation of the bid.
13. 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 Harnett County 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 Harnett County to be pertinent or peculiar to the purchase in question. Unless otherwise specified by Harnett County or the bidder, Harnett County reserves the right to accept any item or group of items on a multi-item bid. Harnett County also reserves the right to reject any and all bids. In addition, on TERM CONTRACTS, Harnett County reserves the right to make partial, progressive or multiple awards: where it is advantageous to award separately by items; or where more than one supplier is needed to provide the contemplated requirements as to quantity, quality, delivery, service, geographical areas; other factors deemed by Harnett County to be pertinent or peculiar to the purchase in question.
14. HISTORICALLY UNDERUTILIZED BUSINESSES: Harnett 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.
15. CONFIDENTIAL INFORMATION: As provided by statute and rule, Harnett County 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.
16. 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 Harnett County 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.
17. AWARD PROCEDURES: Contract award notice shall be posted on Harnett County website. Contract award notices are sent only to those awarded contracts, and not to every person or firm responding to this solicitation.
18. ANTI-NEPOTISM: The Bidder warrants that, to the best of its knowledge and in the exercise of due diligence, none of its corporate officers, directors, or trustees and none of its employees who will directly provide services under this Contract are immediate family members of any member of the Harnett County Board of Commissioners or of any principal or central office staff administrator employed by the Owner. For purposes of this provision, “immediate family” means spouse, parent, child, brother, sister, grandparent, or grandchild, and includes step, half, and in-law relationships. Should the Bidder become aware of any family relationship covered by this provision or should such a family relationship arise at any time during the term of this Contract, the Bidder shall immediately disclose the family relationship in writing to Harnett County. Unless formally waived by Harnett County, the existence of a family relationship covered by this Contract is grounds for immediate termination by Harnett County without further financial liability to the Bidder.
19. DEFAULT AND PERFORMANCE BOND: In case of default by the Bidder, Harnett County may procure the articles or services from other sources and hold the Bidder responsible for any excess cost occasioned thereby. Harnett County reserves the right to require performance bond or other acceptable alternative guarantees from successful bidders without expense to Harnett County.
20. 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 Bidder to notify in writing Harnett County, indicating the specific
RFP No. 200-WASTE-01212025-CR Page 16 of 21 regulation which required such alterations. Harnett County reserves the right to accept any such alterations, including any price adjustments occasioned thereby, or to cancel the contract.
21. TAXES: Any applicable taxes shall be included. G.S. 143-59.1 bars Harnett County from entering into contracts with contractors if the contractor 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 contractor and (3) Systematic exploitation of the market by media-assisted, media-facilitated, or media-solicited means. By execution of the bid document the contractor certifies that it and all of its affiliates (if it has affiliates) collect(s) the appropriate taxes.
22. SITUS: The place of this contract, its situs and forum, shall be Harnett County, North Carolina, where all matters, whether sounding in contract or tort, relating to its validity, construction, interpretation and enforcement shall be determined.
23. GOVERNING LAWS: This contract is made under and shall be governed and construed in accordance with the laws of the State of North Carolina.
24. INSPECTION AT BIDDER’S SITE: Harnett County reserves the right to inspect, at a reasonable time, the equipment/item, plant or other facilities of a Bidder prior to contract award, and during the contract term as necessary for Harnett County determination that such equipment/item, plant or other facilities conform with the specifications/requirements and are adequate and suitable for the proper and effective performance of the contract.
25. PAYMENT TERMS: Payment terms are Net not later than 30 days after receipt of correct invoice or acceptance of goods, whichever is later. Payment may be made by procurement card, and it shall be accepted by the Bidder for payment if the Bidder accepts that card (Visa, Mastercard, etc.) or check from other customers.
26. 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.
27. 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.
28. PATENT: The Bidder shall hold and save Harnett County, its officers, agents and employees, harmless from liability of any kind, including costs and expenses, on account of any confidential information, copyrighted material, patented or unpatented invention, articles, device or appliance manufactured or used in the performance of this contract, including use by Harnett County or disclosure of any information pursuant to the NC Public Records Act.
29. ASSIGNMENT: No assignment of the Bidder’s obligations nor the Bidder’s right to receive payment hereunder shall be permitted. However, upon written request approved by the purchasing department and solely as a convenience to the Bidder, Harnett County may:
Forward the Bidder’s payment check directly to any person or entity designated by the Bidder, and Include any person or entity designated by Bidder as a joint payee on the Bidder’s payment check.
In no event shall such approval and action obligate Harnett County to anyone other than the Bidder and the Bidder shall remain responsible for fulfillment of all contract obligations.
30. INSURANCE:
Worker's Compensation including Occupational Disease and Employer's Liability Insurance. Statutory -
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Amount and coverage as required by State of North Carolina Workers Compensation laws.
Employer's Liability - At least
Part A Bodily Injury Statutory Limits Part B By Accident $500,000 each accident By Disease $500,000 policy limit $500,000 each employee
Public Liability and Property Damage Insurance - The Bidder shall obtain insurance coverage for direct operations, contractual liability and completed operations with limits not less than those stated below:
Occurrence:
General Aggregate $2,000,000 Premises Operations $1,000,000 Personal & Advertising Injury $1,000,000
Comprehensive Automobile Liability Insurance, including coverage for owned, hired and non-owned vehicles:
A Combined Single Limit for bodily injury and property damage limit of not less than $1,000,000; and $2,000 medical payments.
Certificates of Insurance acceptable to the Owner shall be filed with the Owner prior to commencement of the Work. These Certificates shall contain a provision that coverage afforded under the policies will not be canceled until at least thirty (30) days' prior written notice has been given to the Owner, and that Harnett County is listed as additional insured on general liability.
The successful bidder agrees to hold harmless and indemnify Harnett County for any liability that may arise from the negligent or illegal acts of the bidder’s employees or agents.
31. GENERAL INDEMNITY: The Bidder shall hold and save Harnett County, its officers, agents, and employees, harmless from liability of any kind, including all claims and losses, accruing or resulting to any other person, firm, or corporation furnishing or supplying work, services, materials, or supplies in connection with the performance of this contract, and from any and all claims and losses accruing or resulting to any person, firm, or corporation that may be injured or damaged by the Bidder in the performance of this contract and that are attributable to the negligence or intentionally tortious acts of the Bidder. The Bidder represents and warrants that it shall make no claim of any kind or nature against Harnett County agents who are involved in the delivery or processing of Bidder goods to Harnett County. The representation and warranty in the preceding sentence shall survive the termination or expiration of this contract.
32. CANCELLATION (TERM CONTRACTS ONLY): All contract obligations shall prevail for at least 180 days after the effective date of the contract. After that period, in addition to the provisions of the paragraph entitled Price Adjustments, for the protection of both parties, this contract may be canceled in whole or in part by either party by giving 30 days prior notice in writing to the other party.
33. QUANTITIES (TERM CONTRACTS ONLY): The award of a term contract neither implies nor guarantees any minimum or maximum purchases there under.
34. PRICE ADJUSTMENTS (TERM CONTRACTS ONLY): Any price changes, downward or upward, which might be permitted during the contract period must be general, either by reason of market change or on the part of the Bidder to other customers. Notification: Must be given to Harnett County, in writing, concerning any proposed price adjustments. Such notification shall be accompanied by a copy of the manufacturer's official notice or other acceptable evidence that the change is general in nature. Decreases: Harnett County shall receive full proportionate benefit immediately at any time during the contract period. Increases: All prices shall be firm against any increase for 180 days from the effective date of the contract. After this period, a request for increase may be submitted with Harnett County reserving the right to accept or reject the increase or cancel the contract. Such action by Harnett County shall occur not later than 15 days after the receipt by Harnett County a properly documented request for price increase. Any increases accepted shall become effective not later than 30 days after the expiration of the original 15 days reserved to evaluate the request for increase.
35. INVOICES: It is understood and agreed that orders will be shipped at the established contract prices in effect on dates orders are placed. Invoicing at variance with this provision will subject the contract to cancellation.
Applicable North Carolina sales tax shall be invoiced as a separate item.
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36. LUNSFORD ACT/CRIMINAL BACKGROUND CHECKS: The Bidder shall conduct at its own expense sexual offender registry checks on each of its employees, agents, ownership personnel, or contractors (“contractual personnel”) who will engage in any service on or delivery of goods to Harnett County property or at a Harnett County sponsored event. The checks shall include at a minimum checks of the State Sex Offender and Public Protection Registration Program, the State Sexually Violent Predator Registration Program, and the National Sex Offender Registry (“the Registries”). For the Bidder’s convenience only, all of the required registry checks may be completed at no cost by accessing the North Carolina Sex Offender Registry website at http://sexoffender.ncdoj.gov/. The Bidder shall provide certification on Sexual Offender Registry Check Certification Form that the registry checks were conducted on each of its contractual personnel providing services or delivering goods under this Contract prior to the commencement of such services or the delivery of such goods. The Bidder shall conduct a current initial check of the registries (a check done more than 30 days prior to the date of this Contract shall not satisfy this contractual obligation). In addition, Bidder agrees to conduct the registry checks and provide a supplemental certification form before any additional contractual personnel are used to deliver goods or provide services pursuant to this Contract. Bidder further agrees to conduct annual registry checks of all contractual personnel and provide annual certifications at each anniversary date of this Contract. Bidder shall not assign any individual to deliver goods or provide services pursuant to this Contract if said individual appears on any of the listed registries. Bidder agrees that it will maintain all records and documents necessary to demonstrate that it has conducted a thorough check of the registries as to each contractual personnel and agrees to provide such records and documents to the Harnett County upon request. Bidder specifically acknowledges that Harnett County retains the right to audit these records to ensure compliance with this section at any time in the Harnett County’s sole discretion. Failure to comply with the terms of this provision shall be grounds for immediate termination of the Contract. In addition, Harnett County may conduct additional criminal records checks at Bidder’s expense. If the Harnett County system exercises this right to conduct additional criminal records checks, Bidder agrees to provide within seven (7) days of request the full name, date of birth, state of residency for the past ten years, and any additional information requested by the Harnett County for all contractual personnel who may deliver goods or perform services under this Contract. Bidder further agrees that it has an ongoing obligation to provide the Harnett County with the name of any new contractual personnel who may deliver goods or provide services under the Contract. Harnett County reserves the right to prohibit any contractual personnel of Bidder from delivering goods or providing services under this Contract if Harnett County determines, in its sole discretion, that such contractual personnel may pose a threat to the safety or well-being of students, Harnett County personnel or others.
37. ACCESS TO PERSONS AND RECORDS: Harnett County auditors shall have access to any records as a result of this bid or the Contract. Harnett County may audit the records of the Bidder during the term of the Contract to verify accounts and data affecting fees or performance.
38. COMPLIANCE WITH E-VERIFY: Bidder shall comply with all applicable laws and regulations in providing services under this Contract. In particular, Bidder shall not employ any individuals to provide services to the Harnett County who are not authorized by federal law to work in the United States. Bidder represents and warrants that it is aware of and in compliance with the Immigration Reform and Control Act and North Carolina law (Article 2 of Chapter 64 of the North Carolina General Statutes) requiring use of the E-Verify system for employers who employ twenty-five (25) or more employees and that it is and will remain in compliance with these laws at all times while providing services pursuant to this Contract. Bidder shall also ensure that any of its subcontractors (of any tier) will remain in compliance with these laws at all times while providing subcontracted services in connection with this Contract.
39. COMPLIANCE WITH AFFORDABLE CARE ACT: Bidder is responsible for providing affordable health care coverage to all of its full-time employees providing services to the Harnett County. The definitions of “affordable coverage” and “full-time employee” are governed by the Affordable Care Act and accompanying IRS and Treasury Department regulations.
40. RESTRICTED COMPANIES LIST: Bidder certifies that as of the date of this Contract, Bidder is not included on the Final Divestment List created by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. § 147-
86.58. Bidder also represents that as of the date of this Contract, Bidder is not included on the list of restricted companies determined to be engaged in a boycott of Israel created by the North Carolina State Treasurer pursuant to N.C. Gen. Stat. § 147-86.81.
http://sexoffender.ncdoj.gov/
RFP No. 200-WASTE-01212025-CR Page 19 of 21
STATE OF NORTH CAROLINA
AFFIDAVIT
COUNTY OF HARNETT
I, ___________________(the individual attesting below), being duly authorized by and on behalf of ________________________________ ("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 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 _____
3. 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).
4. Employer's subcontractors comply with E-Verify pursuant to federal law, and Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer.
This ____ day of _______________, 202__.
Signature of Affiant Print or Type Name: _________________________
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State of North Carolina County of
Signed and sworn to (or affirmed) before me, this the day of ________________, 202__.
My Commission Expires:
Notary Public
(A ffix
O ffic ia l/N o ta ria l S e a l)
LS14-369
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RFP/RFQ Number (if applicable):
Name of Contracting Party or Bidder:
IRAN DIVESTMENT ACT CERTIFICATION
REQUIRED BY N.C.G.S. §147-55 et seq. *
Pursuant to N.C.G.S. §147-86.59, any person identified as engaging in investment activities in Iran, determined by appearing on the Final Divestment List created by the State Treasurer pursuant to G.S. 147- 86.58, is ineligible to contract with the State of North Carolina or any political subdivision of the State.
As of the date listed below, the supplier or bidder listed above is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. §147-86.58.
The undersigned hereby certifies that he or she is authorized by the contracting party or bidder listed above to make the foregoing statement.
Signature Date
Printed Name Title
N.C.G.S. §147-86.59(a) requires this certification for bids or contracts with the State of North Carolina, a North Carolina local government, or any other political subdivision of the State of North Carolina. The certification is required at the following times:
• When a bid is submitted
• When a contract is entered into (if the certification was not already made when the vendor made its bid)
• When a contract is renewed or assigned
N.C.G.S. § 147-86.59(b)requires that contractors with the State, a North Carolina local government, or any other political subdivision of the State of North Carolina must not utilize any subcontractor found on the State Treasurer’s Final Divestment List.
The State Treasurer’s Final Divestment List can be found on the State Treasurer’s website at the address www.nctreasurer.com/Iran and will be updated every 180 days.
* Note: Enacted by Session Law 2015-118 as N.C.G.S. §143C-55 et seq., but has been renumbered for codification at the direction of the Revisor of Statutes.
http://www.nctreasurer.com/Iran
File details come from the government source that posted it. Updated .