RFB for EMS Station 12 Fencing

Date of Issue: March 13, 2026

Bids Due: April 15,2026

Time: 2:00 pm

Request for Bid

For EMS Station 12 Fencing

If you have received this Request for Bid from a source other than the Wayne County Purchasing Department, it is the responsibility of the proposer to ensure that all addenda have been received.  Bidders can notify Mandy Trujillo by email at Amanda.Trujillo@waynegov.com to ensure that your company is added to the distribution list. 

However, it is still the responsibility of the proposer to ensure that all addenda are received prior to submitting a bid.

Invitation to Submit Competitive Bids

County of Wayne

EMS Station 12 Fence

DATE: March 13,2026

Wayne County is soliciting competitive, sealed bids from qualified vendors for the removal and installation of fencing for EMS station 12, located at 2510 East Elm St, Goldsboro, NC 27534 (Seymour Johnson Airforce Base). Wayne County reserves the right to reject any and/or all bids and also reserves the right to accept the bid most advantageous to the County. Bid proposals shall be returned to Wayne County Finance at P.O. Box 227, Goldsboro, NC 27533, on or before 2:00 p.m., April 15, 2026. Late bids will not be accepted and will be returned unopened.

This invitation is extended to all qualified vendors/manufacturers that are specifically in the business of removal and installing fencing If you have any questions, please submit them in writing to Mandy Trujillo at amanda.trujillo@waynegov.com.

This invitation is issued by: Mandy Trujillo

Procurement Specialist

County of Wayne

P.O. Box 227

224-226 East Walnut Street

Goldsboro, NC 27533

Schedule of Events Applying to this Procurement

Origination: March 13, 2026

Question Deadline: April 8, 2026 5pm

Bid Due Date and Time: April 15, 2026 at 2pm.

NOTICE TO BIDDERS

Bidders shall thoroughly examine any drawings, specifications, schedule, instructions, and any other documents supplied as part of this invitation to bid.

Bidders shall make all investigations necessary to thoroughly inform themselves regarding the content of the written specifications, drawings and instructions supplied herein. No pleas of ignorance by the bidder pertaining to the content of the specifications, drawings, schedule, or instructions will be considered by the agency once the deadline for bid submission has occurred. Failure or omission on the part of the bidder to make the necessary examinations and investigations into the content of the specifications shall not be accepted as a basis for making variations to the spec. Failure or omission by the bidder to make all clarifications or explanations of exceptions and conditions that exist or that may exist hereafter shall NOT be accepted as a basis for making variations to the requirements of the agency or compensation to the bidder.

Winning bidder shall comply with all necessary DOD regulations and directions from Air Force personnel.

SUBMISSION OF BIDS

Bids must be presented on the bid/specification forms attached to this RFB and returned in a sealed envelope, mailed or hand delivered to:

Mandy Trujillo

Procurement Specialist

County of Wayne

P.O. Box 227

224-226 East Walnut Street

Goldsboro, NC 27533

Packages shall be plainly marked “Sealed Bid for EMS Station 12 Fencing” and submitted by the due date and time. You will be bidding on removal and installation of fencing for the new station.

ADDENDA

Any addenda to these documents shall be posted on the County’s website and will become a part of this RFB and the contract. No oral statements, explanations, or commitments by anyone shall be of any effect unless incorporated into the addenda. It is the responsibility of the vendor to periodically check the County’s website before submitting a bid to obtain any addenda that has been issued.

Federal Funding

The contract will be funded with funds from the United States Federal Government.  As such, the vendor selected will be required to follow all aspects of 2 CFR Part 200 (commonly referred to as Uniform Guidance).  The contract with the selected vendor will be subject to all contract provisions required by Appendix II to 2 CFR 200. 

SPECIFICATIONS

Furnish and install approximately 600’ of 8’ tall Ameristar Invincible fence using the following materials:

8’w x 8’ tall ornamental steel 3 rail panels (black)

3” x 3” x 12ga. X 11’ line, corner and terminal posts

18”w x 4”d concrete mowstrip

All posts set in concrete

Demo and remove from property approximately 200’ of existing ornamental steel fence

**SEE ATTACHMENT A FOR DETAILED FENCE REQUIREMENTS**

*** Winning bidder is to remeasure all fencing to ensure correct sizing before ordering***

Base Site Specific Requirements

1. PERSONNEL SECURITY

a. All contractors are required to complete Level I Antiterrorism Awareness Training within 30 days of requiring access, and annually thereafter.

i. https://jko.jten.mil/courses/AT-level1/launch.html

b. All contractors must pass a background check prior to being issued a pass to access the installation

c. All contractors must possess a Real ID to be issued a pass to access the installation

i. https://www.ncdot.gov/dmv/license-id/nc-real-id/Pages/default.aspx

d. All contractors desiring to operate a motor vehicle on the installation must show current vehicle registration and proof of insurance prior to driving the motor vehicle on the installation

e. All contractors will process through the Slocumb Entry Control Point every time they desire to access the installation and will be subject to 100% identification check and vehicle search at a minimum.

2. SITE SECURITY

a. The installation perimeter fence shall be made secure at the end of all work days. Existing perimeter fence should not be demolished until new perimeter fence is installed and ready to be tied into existing. The Government requests to be notified when the new fence is ready to be tied into existing and no demolition of existing perimeter fence shall occur without notification to and approval from the Government. If circumstances dictate that a gap is in the perimeter fence at any time at the end of a work day, climb-resistant fencing shall be installed across the gap to maintain a 100% secure perimeter.

b. Contractor shall remove “Warning” signs from the fence to be demolished, store and reinstall them on the new fence in approximately the same spacing (approximately 100’ apart +/-). Any new signs needed to meet the sign spacing requirement for the length of the new fence shall be provided and installed by the Contractor.

3. FENCE MATERIALS

a. Install a new 8’ tall ornamental type fence (AMERISTAR - Montage II, Invincible, black color, three rail or approved equal). (see submittal from previous perimeter fence project)

b. Install mow strip to match existing mow strip width and depth (approximately 18” wide and 4” deep). Tie into existing mow strip where new fence meets the old fence with a construction joint to allow for concrete expansion.

4. HAUL ROUTES. The contractor shall use the haul route provided. Access to the project will be by the SJAFB Commercial Vehicle Gate (Slocumb Gate) during the week (Monday through Friday) from 0600-1800. Commercial vehicle inspection hours are from 0600-1800. The SJAFB Commercial Vehicle Gate will open when prearranged during weekends (Saturday and Sunday) and Federal Holidays. Work during weekends and holidays will be coordinated with the Government. The designated routes shall be used by both loaded and unloaded vehicles. The contractor may make changes to the route only with the prior approval of the Government.

a. Haul Route Clean-up. The contractor shall clean, sweep, or pick up, as necessary, mud, rocks, trash, or any other type of debris spilled along haul routes, immediately after passage.

5. CONTRACTOR PARKING. The contractor shall inform their employees, suppliers, and subcontractors that parking on the grass outside the limits of construction shall be minimized. Parking is not allowed in fire lanes or in other restricted areas, parking spaces marked as “handicapped” or “Government” at any time. In addition, vehicles may not be driven over grass surfaces outside of the those shown in the approved haul route, unless indicated during a site visit. Any damage done to lawns, shrubs, and/or sidewalks shall be repaired or replaced by the contractor at no additional cost to the Government.

6. BASE CIVIL ENGINEERING WORK CLEARANCE REQUEST, AF FORM 103

The Contractor shall obtain AF Form 103, Base Civil Engineering Work Clearance Request, prior to work commencement from the Contract Management Section in Bldg 3300, 1095 Peterson Avenue. The contractor shall be responsible for routing the AF Form 103 through the 4CES shops for coordination signatures. Upon receipt of an AF Form 103, the Contractor shall be responsible for locating all underground utilities. Utilities include, but are not limited to electric, water, sewer, steam, communication, telephone, fiber optic, cathodic protection, cable television, fuel lines, and natural gas. Contractor is required to maintain markings. Historical drawings, as-built drawings, and topographic drawings, the accuracy of which the government does not guarantee, are available for research and review at the 4th Civil Engineer Squadron, Design element located in Building 3300. The contractor shall promptly repair/replace contractor damaged utilities at no additional cost to the Government. The repair/replacement shall be accomplished in a manner that is acceptable to and approved by the Government.

7. HOT WORK AND WELDING PERMITS

a. Hot work/welding permits will be coordinated with the base fire department. Contact the 4 CES Fire and Emergency Services Inspection Branch at 919-722-3836. Burning of trash or rubbish is not permitted at any project site.

b. Post permits at a conspicuous location in the construction area.

8. UNAUTHORIZED RECONNAISSANCE

a. The contractor shall inform all personnel working under their jurisdiction (including sub-contractor and visiting supplier personnel) that access to areas outside the immediate work area (excluding eating establishments near the work site, direct haul and access routes, contracting and base civil engineer offices, and points of supply and storage) is strictly prohibited.

b. Circulation of the above personnel shall be limited to official business only. All business shall be conducted during normal duty hours unless otherwise coordinated.

c. Persons engaged in unauthorized reconnaissance of other contractor or Government activity shall be referred to the CO/Security Forces for disposition. Infractions involving possible compromise of national security shall be turned over to the Office of Special Investigation (OSI) for disposition.

9. UTILITY ADJUSTMENTS. The contractor shall adjust or shall arrange to have adjusted, utilities that are in conflict with new construction. The contractor shall be responsible for adjusting any water, gas, communication line, and electrical line. The contractor shall employ qualified personnel to perform these adjustments.

10. CONTRACTOR DAMAGES. Areas not identified to be removed and/or worked under this contract that are disturbed or damaged during construction shall be removed and replaced at no additional cost to the Government.

11. INSTALLATION REGULATIONS. The employees of the contractor will be required to abide by all installation regulations as published by the Commanding Officer. All company vehicles must be marked. Employees must have identification or valid driver’s licenses for identification. All costs in connection therewith shall be included in the contractor’s coefficient.

12. SAFETY REQUIREMENTS

As determined by Wayne County EMS

13. HAZARDOUS SUBSTANCES. The contractor shall report any spill of oil or hazardous material to the 4 CES Service Call Desk at (919) 722-5139 (24 hours a day, 7 days a week) and shall take every reasonable precaution to prevent the spillage of oil or other hazardous substances.

a. Materials Containing Asbestos. In the event the contractor discovers materials suspected of containing asbestos that is not identified to be removed in the plans and specifications, the contractor shall notify the Government. The contractor’s work shall proceed unless the materials suspected of containing asbestos are damaged or disturbed. Any suspected materials damaged or disturbed by the contractor without permission from the Government shall be removed by the contractor at his/her expense in accordance with all applicable Federal, State, and local laws, ordinances, regulations, court orders, or other types of rules or rulings having the effect of law.

14. Water Supply. When required, the contractor shall be furnished a water supply from a fire hydrant selected by the Chief of Fire Technical Services. Exceptions shall be in the case of a significant drop in water pressure on the system degrading the protection of facilities and lives.

a. Gate Valve. The contractor shall install his/her own gate valve with back flow preventer on the fire hydrant. The contractor shall supply his/her own hose to adapt to the fire hydrant. Government personnel shall turn on the hydrant valve, leaving it on for the contractor’s operation through his/her gate valve.

b. Fire Hydrant Valve. Only government personnel shall operate the fire hydrant valve. If the contractor attempts to operate the hydrant valve, he/she shall be held liable for all damages to the hydrant casing, valve stem, and/or lug.

15. AS-BUILT DRAWINGS

a. Submit final record PDF and CAD drawings package for the entire project within 20 days of substantial completion of all phases of work. Submit one (1) set of ANSI D-size drawings PDF and CAD files plus final PDF file record construction contract specifications including any revisions thereto, on optical disc, read-only memory (ROM). The package must be complete in all details and identical in form and function to the contract drawing files supplied by the Government.

b. The actual locations, kinds and sizes of all sub-surface utility lines. In order that the location of these lines and appurtenances may be determined in the event the surface openings or indicators become covered over or obscured, show by offset dimensions to two permanently fixed surface features the end of each run including each change in direction on the record drawings. Locate valves, splice boxes and similar appurtenances by dimensioning along the utility run from a reference point. Also record the average depth below the surface of each run. Provide geographic information system (GIS) mapping of any new utilities installed and any other encountered utilities and demolished and abandoned utilities as part of the as-builts to the base. GIS mapping shall be performed at time of the utility installation into the ground. Data layers shall be in compliance with SDSFIE (Spatial Data Standards Facilities Infrastructure and Environmental v3.1.0.1 or greater).

c. The location and dimensions of any changes within the building structure.

d. Layout and schematic drawings of electrical circuits and piping.

e. Correct grade, elevations, cross section of earthwork, structures or utilities if any changes were made from contract plans.

f. Changes in details of design or additional information obtained from working drawings specified to be prepared and/or furnished by the Contractor; including but not limited to shop drawings, fabrication, erection, installation plans and placing details, pipe sizes, insulation material, dimensions of equipment foundation, etc.

g. The topography, invert elevations and grades of drainage installed or affected as part of the project construction.

h. Systems designed or enhanced by the Contractor, such as HVAC controls, fire alarm, fire sprinkler and irrigation systems.

i. Changes in location of equipment and architectural features.

Provide GPS coordinates for all underground at time of utility installation. Provide GIS deliverable of all installed underground utilities and all demolished or abandoned utilities encountered. All coordinates shall be in North Carolina State Plane (NAD 83 and NADV88).

LIABILITY INSURANCE

The Firm shall maintain and provide Wayne County with evidence of the following described insurance, all on mutually agreed terms and consistent with the custom in the area for similar collection contracts:

a. Fidelity bonding for Firm and its employees involved in the handling or accounting for the monies of Wayne County in the amount of $100,000.00.

b. General comprehensive liability insurance with aggregate of $1,000,000.00

c. An Errors and Omissions insurance policy covering itself and the services of its employees or contractors in the amount of $1,000,000.00. Coverage under the Errors and Omissions policy shall survive termination of this collection contract for a minimum of two (2) years.

To the extent available without significant surcharge, Wayne County will be named as additional named insured on all insurance policies specified in paragraph F.1. In all events, the insurance company will be required to provide Wayne County with prior written notice of cancellation, non-renewal, or material amendment of each such policy.

Before commencing any work, SERVICE PROVIDER shall procure insurance in SERVICE PROVIDER’s name and maintain all insurance policies for the duration of the contract of the types and in the amounts listed in Section 18. Minimum Scope and Limits of Insurance. The insurance shall provide coverage against claims for injuries to persons or damages to property which may arise from operations or in connection with the performance of the work hereunder by SERVICE PROVIDER, his agents, representatives, employees, or SERVICE PROVIDERs, whether such operations by himself/herself or anyone directly or indirectly employed by him/her.

1. Minimum Scope and Limits of Insurance

A. Commercial General Liability

1. SERVICE PROVIDER shall maintain Commercial General Liability and if necessary, Commercial Umbrella Liability insurance with a total limit of not less than $1,000,000 each occurrence for bodily injury and property damage. If such CGL insurance contains a general aggregate limit, it shall apply separately to this project/location, or the general aggregate shall be twice the required limit.

2. CGL insurance shall be written on Insurance Services Office (ISO) “occurrence” form CG 00 01 covering Commercial General Liability or its equivalent and shall cover the liability arising from premises, operations, independent SERVICE PROVIDER, products-completed operations, personal and advertising injury, and liability assumed under an insured contract (including the tort liability of another assumed in a business contract).

3. Wayne County, their officers, officials, agents, and employees are to be covered as additional insureds under the CGL by endorsement CG 20 26 or an endorsement providing equivalent coverage as respects to liability arising out of activities performed by or on behalf of the SERVICE PROVIDER; premises owned, leased or used by SERVICE PROVIDER; and under the commercial umbrella, if any. The coverage shall contain no special limitations on the scope of protection afforded to Wayne County, their officers, officials, agents, and employees.

4. SERVICE PROVIDER’s Commercial General Liability insurance shall be primary as respects Wayne County, their officers, officials, agents, and employees. Any other insurance or self-insurance maintained by Wayne County, their officers, officials, and employees shall be excess of and not contribute with SERVICE PROVIDER’s insurance.

B. Professional Liability Insurance

1. SERVICE PROVIDER shall maintain in force for the duration of this contract professional liability or errors and omissions liability insurance appropriate to SERVICE PROVIDER’s professional coverage as required in this paragraph shall apply to liability for a professional error, act, or omission arising out of the scope of SERVICE PROVIDER’s services as defined in this contract. Coverage shall be written subject to limits of not less than $1,000,000 per loss.

2. If coverage required in paragraph 1 above is written on a claims-made basis, SERVICE PROVIDER warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of two (2) years beginning from the time that work under the contract is complete.

C. Fidelity Coverage

1. SERVICE PROVIDER shall maintain Fidelity Coverage providing employee dishonesty, forgery or alteration, theft, disappearance, destruction, and computer fraud coverage covering SERVICE PROVIDERs, employees, officials, and agents for Fidelity in the amount of $100,000. This requirement may be met with Commercial Crime insurance or a Fidelity Bond.

D. Deductibles and Self-Insured Retentions

1. Any deductibles or self-insured retentions must be declared to and approved by Wayne County. At the option of Wayne County, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects Wayne County, , it’s officers, officials, agents, or employees; or SERVICE PROVIDER shall procure a bond guaranteeing payment of deductibles or self-insured retentions.

2. SERVICE PROVIDER shall be solely responsible for the payment of all deductibles to which such policies are subject, whether or not Wayne County is insured under the policy.

E. Miscellaneous Insurance Provisions

The policies are to contain, or be endorsed to contain, the following provisions:

1. Any failure to comply with reporting provisions of the policies listed in Section E1. shall not affect coverage provided to Wayne County, their officers, officials, and employees.

2. Each insurance policy required by this contract shall be endorsed to state that coverage shall not be canceled by either party except after 30 days prior written notice has been given to Wayne County, 224-226 East Walnut Street, Goldsboro, NC 27530.

3. If SERVICE PROVIDER’s liability policies do not contain the standard ISO separation of insureds provision, or a substantially similar clause, they shall be endorsed to provide cross-liability coverage.

F. Acceptability of Insurers

Insurance is to be placed with insurers licensed to do business in the State of North Carolina with an A.M. Best’s rating of no less than A VII unless specific approval has been granted by Wayne County.

G. Evidence of Insurance

1. SERVICE PROVIDER shall furnish Wayne County with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements prior to commencing the work, and thereafter upon renewal or replacement of each certified coverage until all operations under this contract are deemed complete.

2. Evidence of additional insured status shall be noted on the certificate of insurance as per requirements in Section 18.

3. With respect to insurance maintained after final payment in compliance with requirements, an additional certificate(s) evidencing such coverage shall be provided to Wayne County with final application for payment and thereafter upon renewal or replacement of such insurance until the expiration of the period for which such insurance must be maintained.

H. Conditions

1. The insurance required for this contract must be on forms acceptable to Wayne County.

2. SERVICE PROVIDER shall provide proof that the insurance contributing to satisfaction of insurance requirements in Section 18 Minimum Scope and Insurance Requirements shall not be canceled, terminated, or modified by SERVICE PROVIDER without prior written approval of Wayne County

3. SERVICE PROVIDER shall promptly notify the COUNTY at (919) 705-1714 of any accidents arising in the course of operations under the contract causing bodily injury or property damage.

4. Wayne County reserves the right to obtain complete, certified copies of all required insurance policies, at any time.

5. Failure of Wayne County to demand a certificate of insurance or other evidence of full compliance with these insurance requirements or failure of Wayne County to identify a deficiency from evidence that is provided shall not be construed as a waiver of SERVICE PROVIDER’s obligation to maintain such insurance.

6. By requiring insurance herein, Wayne County do not represent that coverage and limits will necessarily be adequate to protect SERVICE PROVIDER and such coverage and limits shall not be deemed as a limitation of SERVICE PROVIDER’s liability under the indemnities granted to Wayne County in this contract.

7. If SERVICE PROVIDER fails to maintain the insurance as set forth herein, Wayne County shall have the right, but not the obligation, to purchase said insurance at SERVICE PROVIDER’s expense.

I. Workers’ Compensation and Employer’s Liability

1. The SERVICE PROVIDER shall maintain Workers’ Compensation as required by the general statutes of the State of North Carolina and Employer’s Liability Insurance.

2. The Employer’s Liability, and if necessary, Commercial Umbrella Liability insurance shall not be less than $1,000,000 each accident for bodily injury by accident, $100,000 each employee for bodily injury by disease, and $1,000,000 policy limit.

3. The insurer shall agree to waive all rights of subrogation against the Wayne County, its officers, officials, and employees for losses arising from work performed by SERVICE PROVIDER for Wayne.

STANDARD TERMS AND CONDITIONS

EXHIBIT A

1. Payment Terms. Payment terms are Net 30 days after receipt of applicable invoice.

2. Compliance with All Laws. Contractor warrants that all performance hereunder shall be in accordance with all applicable federal, state, and local laws, regulations and orders. If the source of funds for this contract is federal funds, the following federal provisions apply pursuant to 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II (as applicable): Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40 U.S.C. 3141-3148); Copeland “Anti-Kickback” Act (40 U.S.C. 3145); Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708); Clean Air Act (42 U.S.C. 7401-7671q.); the Federal Water Pollution Control Act (33 U.S.C. 1251-1387); Debarment and Suspension (Executive Orders 12549 and 12689); Byrd Anti-Lobbying Amendment (31 U.S.C. 1352); Procurement of Recovered Materials (2 C.F.R. § 200.323); and Record Retention Requirements (2 CFR § 200.324); Domestic preferences for procurement (2 C.F.R. § 200.322).

3. E-verification. Contractor and any of its subcontractors must comply with the requirements of the North Carolina General Statutes, if applicable, which requires certain employers to verify the work authorization of each newly hired employee through the federal E-Verify program operated by the United State Department of Homeland Security and other federal agencies.

4. Iran Divestment Act Certification. Contractor hereby certifies that Contractor, and all subcontractors, are not on the Final Iran Divestment List (“List”) created by the North Carolina State Treasurer pursuant to NCGS 147, Article 6E. Contractor shall not utilize any subcontractor that is identified on the List.

5. Indemnification. Contractor shall indemnify and hold harmless Wayne County, its officers, agents, employees and assigns from and against all claims, losses, costs, damages, expenses, attorneys’ fees and liability that any of them may sustain (a) arising out of Contractor’s failure to comply with any applicable law, ordinance, or regulation or (b) arising directly or indirectly out of Contractor’s performance or lack of performance of their terms and conditions of the Contract. In event Contractor, its employees, agents, subcontractors and or lower-tier subcontractors enter premises occupied by or under the control of Wayne County in the performance of the Contract Documents, Contractor agrees that it will indemnify and hold harmless Wayne County, its officers, agents, employees and assigns, from any loss, costs, damage, expense or liability by reason of property damage or personal injury of whatsoever nature or kind arising out of, as a result of, or caused by the negligence or willful misconduct of such entrant.

6. Termination for Convenience. In addition to all of the other rights that Wayne County may have to cancel this Agreement, Wayne County shall have the further right, without assigning any reason therefore, to terminate any work under the Contract Documents, in whole or in part, at any time by providing written notice to Contractor. If the Contract is terminated by Wayne County in accordance with this Paragraph, Contractor will be paid for Services actually provided up through the date of termination at the rates provided herein.

7. Termination for Default. Wayne County may terminate this Contract, in whole or in part, for failure of the Contractor to perform any of the provisions hereof. In addition to any other remedies available to Wayne County in law or equity in connection with an uncured breach of the Contract by Contractor, Wayne County may procure upon such terms as Wayne County shall deem appropriate, services substantially similar to those so terminated, in which case Contractor shall be liable to Wayne County for any excess costs for such similar supplies or services and any expenses incurred in connection therewith.

8. Contract Funding. It is understood and agreed between Contractor and Wayne County that Wayne County’s obligation under the Contract is contingent upon the availability of appropriated funds from which payment for Contract purposes can be made. No legal liability on the part of Wayne County for any payment may arise until funds are made available to Wayne County’s Finance Officer and until Contractor receives notice of such availability. Should such funds not be appropriated or allocated, the Contract shall immediately be terminated. Wayne County shall not be liability to Contractor for damages of any kind (general, special, consequential, or exemplary) as a result of such termination.

9. Contract Modifications. The contract may be amended only by written amendment duly executed by both Wayne County and Contractor. However, minor modifications may be made by Wayne County’s Project Coordinator to take advantage of unforeseen opportunities that: (a) do not change the intent of the Contract or the scope of Contractor’s performance; (b) do not increase Contractor’s total compensation or method of payment; and (c) either improve the overall quality of the product or service to Wayne County without increasing the cost, or reduce the total cost of the product or service without reducing the quantity or quality. All such minor modifications to the Contract must be recorded in writing and signed by both the Project Coordinator and Contractor and placed on file with the Contract. No price adjustments will be made unless the procedure has been included in the Contract and a maximum allowable amount stipulated.

10. Independent Contractor. Contractor is an independent contractor and not an employee of Wayne County. The conduct and control of the work will lie solely with Contractor. The Contract shall not be construed as establishing a joint venture, partnership, or any principal-agent relationship for any purpose between Contractor and Wayne County. Employees of Contractor shall remain subject to the exclusive control and supervision of Contractor, which is solely responsible for their compensation.

11. Permits and Licenses. Contractor will, at his own expense, obtain all necessary permits, give all notices, pay all license fees and comply with all laws, rules, ordinances, and regulations relating to the preservation of the public health or applicable to the services or business carried on under this contract. The burden of determining applicability of licensing requirements, laws, ordinances, and regulations for the Contractor and his employees’ rests with the Contractor.

12. Nondiscrimination. During the performance of the Contract, Contractor shall not discriminate against or deny the Contract’s benefits to any person on the basis of sexual orientation, national origin, race, ethnic background, color, religion, gender, age, or disability.

13. Conflict of Interest. Contractor represents and warrants that no member of Wayne County or any of its employees or officers who may obtain a direct benefit, personal gain or advantage for themselves or a relative or associate as a result of the Contract, subcontract or other agreement related to the Contract is in a position to influence or has attempted to influence the making of the Contract, has been involved in making the Contract, or will be involved in administering the Contract. Contractor shall cause this paragraph to be included in all Contracts, subcontracts and other agreements related to the Contract.

14. Gratuities to Wayne County. The right of Contractor to proceed may be terminated by written notice of Wayne County determines that Contractor, its agent, or another representative offered or gave a gratuity to an official or employee of Wayne County in violation of the policies of Wayne County.

15. Kickbacks to Contractor. Contractor shall not permit any kickbacks or gratuities to be provided, directly or indirectly, to itself, its employees, subcontractors, or subcontractor employees for the purpose of improperly obtaining or rewarding favorable treatment in connection with a Wayne County contract or in connection with a subcontract relating to a Wayne County Contract. When Contractor has grounds to believe that a violation of this clause may have occurred, Contractor shall promptly report to Wayne County in writing the possible violation.

16. Monitoring and Evaluation. Contractor shall cooperate with Wayne County, or with any other person or agency as directed by Wayne County, in monitoring, inspecting, auditing, or investigating activities related to the Contract. Contractor shall permit Wayne County to evaluate all activities conducted under the Contract. Wayne County has the right at its sole discretion to require that Contractor remove any employee of Contractor from GCS Property and from performing services under the Contract following a provision of notice to Contractor of the reasons for Wayne County’s dissatisfaction with the services of Contractor’s employee.

17. Financial Responsibility. Contractor is financially solvent and able to perform under the Contract. If requested by Wayne County, Contractor agrees to provide a copy of its latest audited annual financial statements or other financial statements as deemed acceptable by Wayne County’s Finance Officer. In the event of any proceedings, voluntary or involuntary, in bankruptcy or insolvency by or against Contractor, the inability of Contractor to meet its debts as they become due or in the event of the appointment, with or without Contractor’s consent, of an assignee for the benefit of creditors or of a receiver, then Wayne County shall be entitled, at its sole option, to cancel any unfilled part of the Contract without any liability whatsoever.

18. Dispute Resolution and Contract Situs. This Agreement shall be governed and will be construed in accordance with the laws of the State of North Carolina. Each party agrees that exclusive venue for all actions, relating in any manner to this Agreement will be in the General Court of Justice in Wayne County, North Carolina.

19. No Third-Party Benefits. The Contract shall not be considered by Contractor to create any benefits on behalf of any third party. Contractor shall include in all contracts, subcontracts, or other agreements relating to the Contract an acknowledgment by the contracting parties that the Contract creates no third-party benefits.

20. Force Majeure. “Force Majeure” shall mean any delays caused by acts of God, riot, war, terrorism, inclement weather, labor strikes, material shortages and other causes beyond the reasonable control of the affected party. If either party is unable to perform its obligations or in the case of Wayne County, to accept the Services because of Force Majeure, the time for such performance by such party or in the case of Wayne County, acceptance of Services will be equitably adjusted by allowing additional time for performance or acceptance of services equal to any periods of Force Majeure.

21. General Provisions. Wayne County’s remedies as set forth herein are not exclusive. Any delay or omission in exercising any right hereunder, or any waiver of any single breach or default hereunder, shall not be deemed to be a waiver of such right or of any other right, breach, or default. If Wayne County should prevail in any action instituted by Contractor hereunder, Wayne County shall be entitled to recover costs and reasonable attorney’s fees. Contractor may not assign, pledge, or in any manner encumber Contractor’s rights under this Order or delegate the performance of any of its obligations hereunder, with Wayne County’s prior, express, written consent.

22. Entire Contract. This Contract constitutes and expresses the entire agreement and understanding between the parties concerning the subject matter of this Contract. This document, including exhibits, if any, any purchase order used in connection with this Contract and any other document expressly incorporated in this Contract by reference supersede all prior and contemporaneous discussion, promises, representations, agreements, and understandings relative to the subject matter of this Contract.

BID FORM

Bid No: Removal and installation of EMS Station 12 fencing

I, (We), the undersigned, after reading and fully understanding the terms, conditions and

Specifications of Invitation for Bid

I ________________ agree to remove and install fencing at a firm fixed price as specified below.

Furnish and install approximately 600’ of 8’ tall Ameristar Invincible fence using the following materials:

8’w x 8’ tall ornamental steel 3 rail panels (black)

3” x 3” x 12ga. X 11’ line, corner and terminal posts

18”w x 4”d concrete mowstrip

All posts set in concrete

Demo and remove from property approximately 200’ of existing ornamental steel fence

Bid $______________

I hereby propose to furnish the goods and/or services specified in the Invitation for Bid. I agree that my bid will remain firm a period of up to 60 days in order to allow the County adequate time to evaluate the bids. I certify that all information contained in this proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the firm as its act and deed and that the firm is ready, willing and able to perform if awarded the contract. I further certify, under oath, that this proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, firm or corporation submitting a proposal for the same product or

service; no officer, employee or agent for Wayne County or any other person(s) interested in said proposal; and that the undersigned executed this Bid with full knowledge and understanding of the matters therein contained and was duly authorized to do so. It is distinctly understood that the Board of County Commissioners reserves the right to reject any or all proposals.

COMPANY NAME AND ADDRESS

PHONE: CELL: FAX:

PRINT NAME & TITLE OF PERSON SIGNING: AUTHORIZED SIGNATURE:

EMAIL:

NON-COLLUSION AFFIDAVIT

State of North Carolina

County of

(name of individual), being first duly sworn, deposes and says that:

1. He is the (title) of (company name), the proposer that has submitted the attached proposal;

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

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

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

5. The price or prices quoted in the attached proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the proposer or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

Signature

Title

Company

Date

This form must be notarized

SUBSCRIBED AND SWORN TO BEFORE ME,

This day of , 20

Seal

Notary Public

My Commission Expires:

PROPOSER’S CERTIFICATION FORM

To Whom It May Concern:

I have carefully examined the Request for Proposals and any other documents accompanying or make a part of this Request for Proposal.

I certify that all information contained in this proposal is truthful to the best of my knowledge and belief. I further certify that I am duly authorized to submit this proposal on behalf of the company and that the company is ready, willing and able to perform the services if awarded the contract.

I further certify, under oath, that this proposal is made without prior understanding, agreement, connection, discussion, or collusion with any other person, company or corporation submitting a proposal for the same service; no officer employee or agent of the County of Wayne or any other proposer is interested in said proposal; and that the undersigned executed this Proposer’s Certification with full knowledge and understanding of the matters therein contained and was duly authorized to do so.

It is distinctly understood that the County reserves the right to reject any or all Proposals.

_________________________________ Federal Tax ID: ______________________

Name of Company

Phone: _____________________________

_________________________________

Authorized Signature Fax: _______________________________

_________________________________ Email: _____________________________

Printed or Typed Name and Title

_________________________________ Date: _____________________________

Mailing Address

_________________________________

City/State/Zip Code

(SEAL, if Corporation)