Bidder shall provide, upon request, equipment, and a qualified equipment operator, within 48 hours of notice by New Hanover County Landfill staff. Services will...

NEW HANOVER COUNTY ENVIRONMENTAL MANAGEMENT REQUEST FOR BIDS HEAVY EQUIPMENT & OPERATOR SERVICES RFB# 23-0101 COUNTY COMMISSIONERS JULIA OLSON-BOSEMAN, CHAIR DEB HAYS, VICE-CHAIR JONATHAN BARFIELD, JR. BILL RIVENBARK ROB ZAPPLE CHRIS COUDRIET, COUNTY MANAGER Page 2 of 13 Section 1 – Advertisement NEW HANOVER COUNTY ENVIRONMENTAL MANAGEMENT REQUEST FOR BIDS HEAVY EQUIPMENT & OPERATOR SERVICES RFB # 23-0101 New Hanover is accepting bids for Heavy Equipment & Operator Services to be performed at the County’s landfill located at 5210 US Highway 421 North, Wilmington, NC 28401. There will be a MANDATORY site visit held on Thursday, August 25, 2022, at 10:00 am EST at the NHC Landfill, located at 5210 U.S. HWY. 421 N, Wilmington, NC 28401. Bids from companies who are not represented at the site visit will not be accepted. Please be sure to sign the attendance log upon your arrival. If you plan to attend, please send an email to

href="mailto:lbutler@nhcgov.com">lbutler@nhcgov.com of your Intent to Attend. The deadline for receipt of bids is Thursday, September 1, 2022 at 2:00 PM EST. Bids should be emailed to Lena Butler at lbutler@nhcgov.com. The subject line should contain RFB # 23- 0101 HEAVY EQUIPMENT & OPERATOR SERVICES. Instructions for submitting bids and complete requirements and information may be obtained by visiting the County’s website at https://finance.nhcgov.com/purchasing-solicitation/open-and- closed-bids/. New Hanover County reserves the right to accept or reject any or all Bids and to make the Award which will be in the best interest of the County. Released: Wednesday, August 17, 2022 mailto:lbutler@nhcgov.com mailto:lbutler@nhcgov.com Page 3 of 13 Section 2 – Instructions and General Conditions 2.1 – Schedule 2.2 – Preparation of Bid 2.2.1 Bidders are instructed to submit their bid by email to lbutler@nhcgov.com. Please be sure to include “RFB # 23-0101-HEAVY EQUIPMENT & OPERATOR SERVICES” in the subject line of the email. Deadline for receipt of bids is Thursday, September1, 2022 at 2:00 PM EST. 2.2.2 Completion of Bid Form (Price Sheet): Bidders are expected to examine the specifications herein, the schedule and all instructions. Failure to do so will be at the bidder’s risk. Each bidder shall furnish the information required on the price sheet. Bids are to be submitted on the price sheet contained in this bid package. Bidders should submit additional information regarding pricing and complete descriptions on additional sheets. BIDS NOT SIGNED WILL BE DEEMED NONRESPONSIVE AND REJECTED. All prices and notations shall be written in ink or typed. Discrepancies between words and numerals will be resolved in favor of words. Changes or corrections made in the bid must be initialed by the individual signing the bid. No corrections will be permitted once bids have been opened. 2.2.3 Bids received after the time and date for closing will not be considered. 2.3 – Site Visit There will be a MANDATORY site visit held on Thursday, August 25, 2022, at 10:00 am EST at the NHC Landfill, located at 5210 U.S. HWY. 421 N, Wilmington, NC 28401. Bids from companies who are not represented at the site visit will not be accepted. Please be sure to sign the attendance log upon your arrival. If you plan to attend, please send an email to lbutler@nhcgov.com of your Intent to Attend. Date Action Wednesday, August 17, 2022 RFB Released Thursday, August 25, 2022, at 10:00 AM EST Site Visit: NHC Landfill Administrative Office; 5210 US Highway 421 N., Wilmington, NC 28401. Friday, August 26, 2022, @ 2:00 PM EST Deadline for questions Monday, August 29, 2022 Questions will be answered via written addendum. Thursday, September 1, 2022, @2:00 PM EST Deadline for receipt bids mailto:lbutler@nhcgov.com mailto:lbutler@nhcgov.com Page 4 of 13 2.4– Questions Questions concerning this solicitation should be directed to Lena Butler, Purchasing Supervisor at lbutler@nhcgov.com. Questions should be submitted no later than Friday, August 26, 2022, at 2:00 PM EST. An addendum summarizing all questions and answers will be posted to the County’s website by close of business on Monday, August 29, 2022. Bidders who have notified the County of their intent to submit a proposal along with an email address will be sent the addendum upon posting. 2.5 – Bid Opening There will be no formal bid opening. Bidders are instructed to email their bid to lbutler@nhcgov.com by 2:00 PM on Thursday, September 1, 2022. The subject line should contain “RFB # 23-0101 HEAVY EQUIPMENT & OPERATOR SERVICES.” A bid summary will be emailed to all bidders and posted to the County website. 2.6 – Communication Bidders may not have communications, verbal or otherwise, concerning this RFB with any personnel or boards from New Hanover County, other than the person listed in this section, which is Lena Butler, Purchasing Supervisor. If any vendor attempts any unauthorized communication, the bid may be rejected. 2.7 - Cost of Preparation of Response Costs incurred by prospective Bidders in the preparation of the response to this Request for Bids are the responsibility of the Bidder and will not be reimbursed by the County. 2.8 – Ownership of Documents All bids and accompanying documentation will become the property of New Hanover County at the time the bids are received and as such will not be returned to the Bidder. 2.9- Trade Secret Confidentiality Upon receipt of your bid by New Hanover County, your bid is considered a public record except for material which qualifies as "trade secret" under N.C. General Statute 132-1.2. After opening, your bid will be provided to County staff and others who participate in the evaluation process, and to members of the general public who submit public records requests. 2.10 - Withdrawal of Bids Bidders may withdraw or withdraw and resubmit their bid at any time prior to the closing time for receipt of bids. NO bid may be withdrawn after the scheduled closing time for receipt of bids for a period of thirty (30) days. mailto:lbutler@nhcgov.com mailto:lbutler@nhcgov.com Page 5 of 13 2.11- Equal Opportunity The non-discrimination clause contained in Section 202 (Federal) Executive Order 11246, as amended by Executive Order 11375, relative to Equal Employment Opportunity for all persons without regard to race, color, religion, sex or national origin, and the implementing rules and regulations prescribed by the Secretary of Labor, are incorporated herein. The Bidder agrees not to discriminate against any employees or applicant for employment because of physical or mental handicap in regard to any position for which the employees or applicant is qualified. The Bidder agrees to take affirmative action to employ, advance in employment and otherwise treat qualified handicapped individuals without discrimination based upon their physical or mental handicap in all employment practices. Pursuant to GS 143-48, New Hanover County encourages small, minority, physically handicapped, and women firms to submit bids in response to this RFB. 2.12- Indemnity The successful Bidder shall indemnify and hold the County, its agents and employees, harmless against any and all claims, demands, causes of action, or other liability, including attorney fees, on account of personal injuries or death or on account of property damages arising out of or relating to the work to be performed by the Successful Bidder hereunder, resulting from the negligence of or the willful act or omission of the Bidder, his agents, employees and subcontractors. 2.13 – E-Verify Pursuant to Session Law 2013-418, Bidder shall fully comply with the U.S. Department of Homeland Security employee legal status E-Verify requirements for itself and all its subcontractors. The County may require an affidavit attesting to Bidder’s compliance. Violation of the provision, unless timely cured, shall constitute a breach of contract. 2.14 - Compliance with Bid Requirements Failure to comply with these provisions or any other provisions of the General Statutes of North Carolina will result in rejection of bid. 2.15 – Federal Uniform Guidance 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.) and 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. § 200.322); and Record Retention Requirements (2CFR § 200.324). Page 6 of 13 2.16 – Award Award “shall be made to the lowest responsive responsible bidder taking into consideration quality, performance, and the time specified in the bid for the performance of the contract.” The successful Bidder to whom the Contract is awarded by the OWNER shall within ten (10) business days after notice of award deliver to the County all required documents necessary to execute the contract/purchase order. Failure to do so may result in the OWNER exercising its right to negotiate with the next lowest Bidder. 2.17 – Certificate of Authority Subject to several statutory exceptions, a business entity incorporated or organized in a state other than North Carolina must obtain a certificate of authority from the North Carolina Secretary of State prior to transacting business in the State. See G.S. 55-15-01(a) (business corporations); G.S. 55A-15-01(a) (nonprofit corporations); G.S. 57D-7-01(a) (limited liability companies); G.S. 59- 902(a) (limited partnerships); G.S. 59-91(a) (registered limited liability partnerships); G.S. 55B- 16(a) (professional corporations). When the requirement applies, the foreign entity transacting business in the State is responsible for obtaining a certificate of authority—not the domestic (i.e., North Carolina) corporations, public entities, or individuals with whom the foreign entity might contract. 2.18 - Insurance Before commencing any work, the Bidder shall procure insurance in the Bidder’s name and maintain all insurance policies for the duration of the contract of the types and in the amounts listed in this Agreement. 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 the Bidder, his agents, representatives, employees, or subcontractors, whether such operations are done by himself/herself, or anyone directly or indirectly employed by him/her. See Section 8 for limits of insurance requirements detailed in the Draft Contract. 2.19- Successful Bidder The successful Bidder who is not currently registered as a vendor in the County’s vendor database will be required to register. Please visit the County’s website at Vendor Self Service (munisselfservice.com). For questions, contact David Maurizzi at 910-798-7192 or email dmaurizzi@nhcgov.com. 2.20– Contract Term This is an annual contract, with the initial contract period beginning on the date of a fully executed contract through June 30, 2023. The contract may be renewed for four (4) additional years with the consent of both parties ending June 30, 2027. The County shall notify the contractor within 60 days of its intent to renew the contract and execute a renewal agreement to be signed by the contractor. https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.net_EnactedLegislation_Statutes_PDF_ByArticle_Chapter-5F55_Article-5F15.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=0L6aEJHvt1Mmr8yTlz-TxDjRZja01_KHZmlT9pmmLws&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_HTML_ByChapter_Chapter-5F55A.html&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=RNUUpeVwpkei54-kxabLRVS6ybAAhQVU0ZP7l_Zxi6k&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.net_EnactedLegislation_Statutes_PDF_ByArticle_Chapter-5F57D_Article-5F7.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=Ij7DMyPb9V1kpcHf2UNSKBvk3wJRxHciohPTDZ-9cwM&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_PDF_BySection_Chapter-5F59_GS-5F59-2D902.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=IR00bHzPYGidZDB0G7mvptrGglDO1y9xb2JpE02-zUs&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_PDF_BySection_Chapter-5F59_GS-5F59-2D902.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=IR00bHzPYGidZDB0G7mvptrGglDO1y9xb2JpE02-zUs&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_PDF_BySection_Chapter-5F59_GS-5F59-2D91.pdf&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=yKgp8Iy2gmgOepqKqQzA_pIpSEqH_YBEhdjv11N6f_c&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_HTML_ByChapter_Chapter-5F55B.html&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=yJeplm7yprSWyIJr8R3Ka31547aJlYpsQA60mHNyo9k&e= https://urldefense.proofpoint.com/v2/url?u=https-3A__www.ncleg.gov_EnactedLegislation_Statutes_HTML_ByChapter_Chapter-5F55B.html&d=DwMFAg&c=y72Dk95QDjM2j66dY3G6L5T0ZmknOZbTdMEQhfDxPiA&r=BIXncZnrAnf5xZ17XvqEFp_R9cSpI7apivhdcdkioXA&m=2oNybIwhsVj4l3Yk5HkczQ9w-jZWr1OpiMNOVPPB80Q&s=yJeplm7yprSWyIJr8R3Ka31547aJlYpsQA60mHNyo9k&e= https://newhanovercountyncvss.munisselfservice.com/Vendors/default.aspx https://newhanovercountyncvss.munisselfservice.com/Vendors/default.aspx mailto:dmaurizzi@nhcgov.com