Bid for Upfit Equipment Ford Interceptor

FB 3153 UPFIT EQUIPMENT FORD INTERCEPTOR 2023 Page 1 of 12 INVITATION FOR BID ADVERTISEMENT FOR BIDS Pursuant to Section 143-129 of the General Statutes of North Carolina, sealed proposals endorsed Upfit Equipment – Ford Interceptor 2023 to be furnished to Forsyth County Fleet will be received by the City/County Purchasing Department in Suite 324, City Hall Building, 101 North Main Street, Winston-Salem, NC until 10:00 a.m., December 7, 2022, at which time they will be publicly opened and read. Instructions for submitting bids and complete specifications may be obtained during regular office hours, Monday – Friday, 8:00 a.m. to 5:00 p.m. at the same location, or by contacting TaWanna Gates via email tawannag@cityofws.org or phone 336-747-6938. The City reserves the right to reject any or all proposals. UPFIT EQUIPMENT FORD INTERCEPTOR 2023 FORSYTH COUNTY FLEET Bids Will Be Opened 10:00 a.m., December 7, 2022 CITY/COUNTY

PURCHASING DEPARTMENT SUITE 324 – CITY HALL BLDG. 101 NORTH MAIN STREET WINSTON-SALEM, NORTH CAROLINA mailto:tawannag@cityofws.org FB 3153 UPFIT EQUIPMENT FORD INTERCEPTOR 2023 Page 2 of 12 Notice to Bidders It is the policy of the City of Winston-Salem & Forsyth County that an employee, officer, or agent of the City/County may not participate in any manner in the bidding, awarding, or administering of contracts in which they, or a member of their immediate family, their business partner, or any organization in which they serve as an officer, director, trustee, or employee, have a financial interest. The successful bidder must comply with all provisions of the Americans with Disabilities Act (ADA) and all rules and regulations promulgated thereunder. By submitting a bid, the successful bidder agrees to indemnify the City/County from and against all claims, suits, damages, costs, losses, and expenses in any manner arising out of, or connected with, the failure of the Company, its subcontractors, agents, successors, assigns, officers, or employees to comply with the provisions of the ADA or the rules and regulations promulgated thereunder. All bids must be firm and not subject to increase, unless specified within the provisions of this Invitation for Bid (RFB) and mutually agreed upon by the City/County and the bidder. No special inducements will be considered that are not a part of the original bidding document. City/County Rights and Options The City/County, at its sole discretion, reserves the following rights: • To supplement, amend, substitute or otherwise modify this RFB at any time • To cancel this RFB with or without the substitution of another RFB • To take any action affecting this RFB, this RFB process, or the equipment subject to this RFB that would be in the best interests of the City/County • To issue additional requests for information Public Records Any material submitted in response to this RFB will become a “public record” once the bidder’s document(s) is opened and the bidder is determined to be a participant in the solicitation process and shall be subject to public disclosure consistent with Chapter 132, North Carolina Statutes. Bidders must claim any applicable exemptions to disclosure provided by law in their response to this RFB. Bidders must identify materials to be protected and must state the reasons why such exclusion from public disclosure is necessary and legal. The City/County reserves the right to make all final determination(s) of the applicability of North Carolina General Statutes § 132-1.2, Confidential Information. Familiarity with Laws and Ordinances The submission of a bid on the equipment requested herein shall be considered as a representation that the bidder is familiar with all federal, state, and local laws, ordinances, rules and regulations which affect those engaged or employed in the provision of such services, or equipment used in the provision of such services, or which in any way affects the conduct of the provision of such services; and no plea of misunderstanding will be considered on account of ignorance thereof. If the bidder discovers any provisions in the RFB documents that are contrary to or inconsistent with any law, ordinance, or regulation, it shall be reported to the City/County in writing without delay. The bidder agrees that in carrying out this contract, compliance will be maintained with all applicable federal, state, and local laws, specifically including, without limitations, the Occupational Safety and Health Act of 1970 and Section 1324A, the Immigration Reform and Control Act. The bidder certifies that the bid is made in good faith and without collusion with any person bidding on this contract or with any officer or employee of the City of Winston-Salem & Forsyth County. The undersigned further agrees, in connection with the performance of this contract, not to discriminate against any employee or applicant for employment because of race, religion, color, gender, age, handicap, political affiliation or national origin. FB 3153 UPFIT EQUIPMENT FORD INTERCEPTOR 2023 Page 3 of 12 Trade Secrets/Confidentiality Bidders must claim any material which qualifies as "trade secret" information under N.C.G.S. 66-152(3) in their response to this RFB and must state the reasons why such exclusion from public disclosure is necessary and legal. To properly designate material as trade secret under these circumstances, each Bidder must take the following precautions: (a) any trade secrets submitted by a Bidder should be submitted in a separate, sealed envelope marked "Trade Secret - Confidential and Proprietary Information - Do Not Disclose Except for the Purpose of Evaluating this Bid," and (b) the same trade secret/confidentiality designation should be stamped on each page of the trade secret materials contained in the envelope. Do not attempt to designate your entire bid as a trade secret, and do not attempt to designate pricing information as a trade secret. Doing so may result in your bid being disqualified. In submitting a bid, each Bidder agrees that the City/County may reveal any trade secret materials contained in such response to all City/County staff and City/County officials involved in the selection process, and to any outside consultant or other third parties who assist the City/County in the selection process. Furthermore, each Bidder agrees to indemnify and hold harmless the City/County and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material, which the Bidder has designated as a trade secret. The City/County reserves the right to make all final determination(s) of the applicability of North Carolina General Statutes § 132-1.2, Confidential Information. Iran Divestment Act: Provider hereby certifies that it is not on the North Carolina State Treasurer’s list of persons engaging in business activities in Iran, prepared pursuant to NCGS 147-86.58, nor will Provider utilize on this agreement any subcontractor on such list. This list, along with additional information about the Iran Divestment Act, is available on the Treasurer’s Office site: https://www.nctreasurer.com/inside-the- department/OpenGovernment/Pages/Iran-Divestment-Act-Resources.aspx. Divestment from Companies that Boycott Israel Contractor hereby certifies that it is not on the North Carolina State Treasurer’s list of companies engaged in a boycott of Israel in violation of NCGS 147-86.80 et. seq. and that it will not utilize on this agreement any subcontractor on said list.” Ethics Policy / Code of Conduct The City of Winston-Salem & Forsyth County has established guidelines for ethical standards of conduct for City/County representatives and to provide guidance in determining what conduct is appropriate in particular cases. City/County representatives should maintain high standards of personal integrity, truthfulness, honesty, and fairness in carrying out public duties; avoid any improprieties in their roles as public servants including the appearance of impropriety; and never use their position or power for improper personal gain. In establishing an ethics policy, the City of Winston-Salem & Forsyth County desires to protect the public against decisions that are affected by undue influence, conflicts of interest, or any other violation of these policies as well as promote and strengthen the confidence of the public in their governing body. The City/County reserves the right to hold proposals open for a period of sixty days (60) days after due date before making awards. https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-Divestment-Act-Resources.aspx https://www.nctreasurer.com/inside-the-department/OpenGovernment/Pages/Iran-Divestment-Act-Resources.aspx FB 3153 UPFIT EQUIPMENT FORD INTERCEPTOR 2023 Page 4 of 12 INSTRUCTIONS TO BIDDERS This entire set of documents constitutes the RFB. The bidder must return the RFB with all information necessary to properly analyze the Bidder's response. Bidder's notes, exceptions, and comments may be rendered on an attachment, provided the same format of this RFB text is followed. All bids shall be returned in a sealed container/envelope marked FC Upfit Equipment Ford Interceptor 2023 Bid No. FB 3153, and submitted to the City/County Purchasing Dept., Ste. 324, City Hall Building, 101 North Main Street, Winston-Salem, NC by 10:00 a.m., December 7, 2022. Please provide one original (please mark document as original) bid showing original signatures and seals, and one (1) copy of the complete bid. Late bids will not be considered. BIDDER QUESTIONS AND INQUIRIES Bidders are to submit all questions, inquires and request for additional information relative to this RFB in writing via email to TaWanna A. Gates tawannag@cityofws.org and copy Steve Brinegar brinegsc@forsyth.cc All inquiries must be made by November 23rd 12 noon. The City/County will provide written responses to all inquiries received by this date that do not alter the substance of this RFB per addendum via email or just per email; responses will be made available to all recipients of this RFB to ensure that bidders receive the same information (if it affects the scope of the bid) otherwise responses may be sent directly to the individual vendor, answers to questions which the City/County determines is confidential in nature or would divulge another bidders’ information would also only be sent to the individual vendor. Except as otherwise directed, bidders shall not communicate with other parties within the City/County regarding this RFB. Any oral responses made by any representative of the City/County may not be relied upon. Forsyth County in accordance with the terms and conditions of this RFB, used in this RFB “County” refers to Forsyth County and its divisions. This RFB sets forth the requirements and specifications needed and intends to provide the prospective bidder with sufficient information to enable them to understand the requirements and expectations of the County in acquiring the specified items. The City/County intends to award a purchase order to one vendor. The County reserves the right to withdraw this RFB at any time or not to issue a purchase order. All submitted responses to this bid shall become the property of the County. Bidders MUST have their bid delivered by the specified time and date. This bid sets forth the minimum requirements that all submissions shall meet. Failure to submit bids in accordance with this request may render the bid unacceptable. Costs incurred by any Bidder in the preparation of his/her response to the bid are the responsibility of the Bidder and will not be reimbursed by Forsyth County. Bidders shall not include any such expenses as part of their bid. mailto:tawannag@cityofws.org mailto:brinegsc@forsyth.cc FB 3153 UPFIT EQUIPMENT FORD INTERCEPTOR 2023 Page 5 of 12 Rights Reserved In addition to all other rights, the County specifically reserves the right to: ➢ Negotiate various terms and conditions of business with the successful vendor. ➢ Contact any bidder to obtain corrections or clarifications of a submitted bid if necessary to make a fair comparison of all submitted bids. ➢ Amend or supplement this RFB in writing at any time prior to the bid opening. ➢ Alter the quantity ordered at any time by splitting the order into multiple smaller orders to meet the needs of the County. PREPARATION OF BID It is certified that this bid is made in good faith and without collusion with any person submitting a bid for this service or with any officer or employee of Forsyth County. The undersigned further agrees that in connection with the performance of specified services, not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, handicap, political affiliation, or national origin. Bids MUST be on the standard forms as furnished in this bidding document by the City/County Purchasing Department. Forms are to be produced from this file. Bids shall be submitted on or before the time set forth for the opening of bids, addressed and labeled as set forth in the Instructions for Bidders. All bids must be received not later than December 7, 2022 at 10:00 a.m. INTERPRETATION OF DOCUMENTS Should any bidder find any discrepancies in, or omission from, the specifications or other contract documents, or should the bidder be in doubt as to their meaning, he shall at once notify TaWanna A. Gates at (336) 747-6938 tawannag@cityofws.org and obtain an interpretation or clarification prior to submitting his bid. Any request for interpretation or clarification given in accordance with this provision shall be in writing. ADDENDA The bidder may, during the bidding period be advised by addenda of additions, deletions or alterations in any of the documents forming a part of this bid. All such changes shall be included in the work covered by the bid and shall become a part of the contract. The bidder shall acknowledge receipt of each addenda. ALTERNATE BID SUBMITTALS Alternates are not acceptable for this bid. No substitutes- Only the manufactured brands requested will be accepted. mailto:tawannag@cityofws.org FB 3153 UPFIT EQUIPMENT FORD INTERCEPTOR 2023 Page 6 of 12 SUBMIT BIDS TO THE FOLLOWING LOCATION: US Postal Service address: or Hand-delivery or FedEx address: City/County Purchasing Department City/County Purchasing Department Post Office Box 2511 101 N. Main Street, 324 City Hall Winston-Salem, North Carolina 27102 Winston-Salem, North Carolina 27101 BIDDERS: Forsyth County –Fleet Division is seeking bids for UPFIT EQUIPMENT FORD INTERCEPTOR 2023. FB 3153 UPFIT EQUIPMENT FORD INTERCEPTOR 2023 Page 7 of 12 SPECIAL TERMS AND CONDITIONS DETAILED SPECIFICATIONS: Detailed specifications for this equipment are included with the bid request. Bids to be submitted in accordance with the attached specifications and these Special Terms and Conditions, both of which require doing all that is necessary, proper, or incidental to the furnishing of the equipment identified herein. All things not expressly stated in the attached specifications or Special Terms and Conditions but involved in carrying them out must be included in proposal as though they were specifically stated. NOTICE TO BIDDERS: All bids are subject to the provisions of the instructions to Bidders, special terms and conditions specific to this Invitation for Bids, the specifications, and General Contract Terms and Conditions. The City of Winston-Salem & Forsyth County objects to and will not evaluate or consider any additional terms and conditions submitted with a bidder response. This applies to any response 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 a proposal, the bidder agrees that any additional terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect. It shall be the bidder’s responsibility to read this entire document, review all enclosures and attachments, and comply with all requirements specified herein. EXCEPTIONS TO SPECIFICATIONS AND APPROVAL OF ALTERNATES(where allowed): In all cases equipment must be furnished as requested, and where brand names are used, consider the term "or equal" to follow. However, written approval for any proposed substitution or change in specifications must be obtained by bidder prior to the close of bids. Specifications not subject to substitution or change shall be indicated as “NO EXCEPTIONS”. All design, materials, and workmanship shall in every respect be in accordance with the best current practices in the industry. Minor deviations from the provisions of these specifications may be considered to permit manufacturers to follow their standard manufacturing processes; however, all proposed minor deviations must be explained in detail and MUST be submitted in writing to Purchasing within the exception process time frame identified herein or they WILL NOT be considered. Requests for approved equals or changes in specifications, and/or protests of specifications must be received by the City of Winston-Salem & Forsyth County in writing. Any request for an approved equal, change in specification or protest of specifications must be fully supported with technical data, test results, or other pertinent information and evidence that the substitute offered is equal to, or better than, the specification requirement. In the event that clarifications or changes to bid specifications are necessary or if a proposed substitution is approved during the exception process, changes will be made by written addendum. The City of Winston-Salem & Forsyth County will, if necessary, postpone the scheduled opening of bids so as to provide at least seven (7) days between the mailing of the amended bid and the revised bid opening date. All addenda must be signed and returned with the final bid. FB 3153 UPFIT EQUIPMENT FORD INTERCEPTOR 2023 Page 8 of 12 Bidder’s failure to request exceptions to specifications or approved equals as stated above will be interpreted as the bidders’ intent to comply fully with the requirements as written. Conditional or qualified bids shall be subject to rejection in whole or in part. The City of Winston-Salem/Forsyth County reserves the right to postpone bid openings for its own convenience. NONCONFORMING TERMS AND CONDITIONS: A bid response that includes terms and conditions that do not conform to the terms and conditions in this bid document is subject to rejection as nonresponsive. The City of Winston-Salem & Forsyth County reserves the right to permit the bidder/vendor to withdraw nonconforming terms and conditions from its bid response prior to a determination by the City of Winston-Salem & Forsyth County of non- responsiveness. COMPLIANCE WITH RULES AND REGULATIONS WHERE IT APPLIES: The equipment furnished must comply with all applicable provisions of the Occupational Safety and Health Act (OSHA), the American National Standard Institute (ANSI) and the Federal Motor Vehicle Standards of the U. S. Department of Transportation. The conversion equipment must also be certified by either the US Environmental Protection Agency (EPA) or California Air Resources Board (CARB). EPA Certificates are not required at time of bid, but are required upon delivery of vehicle(s). The equipment furnished shall be capable of passing any applicable N. C. State motor vehicle inspection. GENERAL REQUIREMENTS: The equipment furnished shall be new and unused and the manufacturer's latest listed and published stock model, or models which meet all the applicable requirements of these specifications. Specifications may require that certain makes and models of vehicles, auxiliaries and/or accessories be provided. BIDDERS SUBMITTALS: Does not apply. Bidder must furnish all information requested herein including 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. All documents submitted should bear the name of the bidder. EXPENSES INCURRED IN PREPARING BID: The City of Winston-Salem & Forsyth County accepts no responsibility for any expense incurred by the bidder in the preparation and presentation of a bid. Such expenses shall be borne exclusively by the bidder. CONTRACT/AWARD: Pursuant to the laws governing public contracts in North Carolina, the successful bidder’s/vendor’s response to this Invitation for Bids and Proposals and any addenda thereto, plus the City/County issuance of a City of Winston-Salem & Forsyth County Purchase Order for the proposed goods and/or services shall constitute a binding contract. PURCHASE OF ADDITIONAL OR LESS REQUIREMENTS(where it applies): Subject to the successful bidder’s acceptance, the City/County reserves the option to purchase additional or less per the bid price in this Invitation for Bids and Proposals within 12 months from original purchase order date. This bid may also be utilized by other entities per NCGS to piggyback at the sole discretion of the vendor. FB 3153 UPFIT EQUIPMENT FORD INTERCEPTOR 2023 Page 9 of 12 INDEMNIFICATION: The bidder/vendor covenants to save, defend, keep harmless, and indemnify the City of Winston-Salem & Forsyth County and all of its officers, departments, agencies, agents, and employees from and against all claims, loss, damage, injury, fines, penalties and cost - including court costs and attorney's fees, charges, liability, and exposure, however, caused resulting from, arising out of, or in any way connected with the bidder’s/vendor’s negligent performance or nonperformance of the terms of the contract. VENDOR SUPPORT/SERVICE AND PARTS: The vendor and/or manufacturer bidding on these specifications must describe in writing to be submitted with their bid, its ability to provide repair parts and technical service in the form of a service representative, including the maximum time from receipt of notice to arrival of parts or the service representative. The manufacturer, whether they are the vendor or not must be satisfactory to the City of Winston- Salem & Forsyth County from the standpoint of experience, reliability, and demonstrated ability to manufacture equipment comparable as to size and type as that required by the specifications and shall have manufactured and sold equipment of the size and type specified which has operated satisfactorily in the field for a minimum of one year. The City of Winston- Salem & Forsyth County reserves the right to reject bids from vendors that have failed to perform satisfactory under previous contracts with the City of Winston-Salem & Forsyth County and/or vendors that cannot produce satisfactory evidence that they can furnish promptly all spare parts needed for ordinary service and repair of the equipment herein specified. INSPECTION, TRAINING, PERFORMANCE TEST AND ACCEPTANCE: a. Upon delivery the equipment will be subject to inspection to verify conformance with specifications by the staff. b. Upon completion of the initial inspection and prior to performance testing by the City/County, the vendor will be required (where it applies) to conduct on-site technical training of City/County personnel in operation and maintenance procedures. Vendor should note that the specification requires training at no additional cost to the City/County. c. Upon completion of on-site training (where it applies) the equipment may be required to undergo on route testing prior to acceptance. Performance testing will be performed by City/County personnel during regular scheduled workdays. d. Any defects or failure of equipment to perform or comply with any requirements of the City/County specifications must be immediately remedied by the vendor at the vendor's own expense prior to acceptance by the City/County. FB 3153 UPFIT EQUIPMENT FORD INTERCEPTOR 2023 Page 10 of 12 WARRANTY (where it applies): Bidder to include the warranty provisions as outlined in bid specifications. TAX EXEMPTIONS: The City of Winston-Salem & Forsyth County is exempt from Federal Excise Tax but not from State and Local Sales Tax. Sales tax should not be included in bid prices, but may be added as a separate item. DELIVERY: Delivery shall be made FOB EVALUATION AND SELECTION OF BIDS: The evaluation of vendor bids shall center on the match between the stated specifications and other requirements included in the final bid request and the vendor's proposal including selection of the lowest responsible bidder, with consideration of past performance, service record, and reliability. The statutory provisions controlling purchasing by local governments in N. C. (GS 143) includes selection standards for use in making of awards. The provision reads, “All contracts shall be awarded to the lowest responsible, responsive bidder, taking into consideration quality, performance, and the time specified in the bids for the performance of the contract". The City of Winston-Salem & Forsyth County reserves the right to accept or reject any or all bids and proposals and further specifically reserves the right to make the award or awards in the best interest of the City of Winston-Salem & Forsyth County. INTERPRETATION OF DOCUMENTS Should any bidder find any discrepancies in, or omission from, the specifications or other contract documents, or should the bidder be in doubt as to their meaning, he shall at once notify TaWanna A. Gates (336) 747-6938 tawannag@cityofws.org and obtain an interpretation or clarification prior to submitting his bid. Any request for interpretation or clarification given in accordance with this provision shall be in writing. ADDENDA The bidder may, during the bidding period be advised by addenda of additions, deletions or alterations in any of the documents forming a part of this Bid. All such changes shall be included in the work covered by the Bid and shall become a part of the Contract. The bidder shall acknowledge receipt of each addenda. mailto:tawannag@cityofws.org FB 3153 UPFIT EQUIPMENT FORD INTERCEPTOR 2023 Page 11 of 12 INSTRUCTIONS FOR BIDDERS Bidders MUST have their bid delivered by the specified time and date. This IFB sets forth the minimum requirements that all submissions shall meet. Failure to submit proposals in accordance with this request may render the proposal unacceptable. Costs incurred by any Bidder in the preparation of his/her response to the IFB are the responsibility of the Bidder and will not be reimbursed by the City of Winston-Salem & Forsyth County. Bidders shall not include any such expenses as part of their proposals. PREPARATION OF BID It is certified that this proposal is made in good faith and without collusion with any person submitting a proposal for this service or with any officer or employee of the City of Winston-Salem & Forsyth County. The undersigned further agrees that in connection with the performance of specified services, not to discriminate against any employee or applicant for employment because of race, religion, color, sex, age, handicap, political affiliation, or national origin. Bids MUST be on the standard forms as furnished in this bidding document by the City/County Purchasing Department. All bids must be received not later than December 7, 2022 at 10:00 am. The City/County may at its sole discretion reject any or all bids submitted or consider alternatives that may be in the best interest of the City of Winston-Salem & Forsyth County. The undersigned bidder hereby declares that they have carefully examined the specifications contained herein and will provide all labor, materials, equipment, supervision, and insurance applicable to perform the service in accordance with the specifications and the requirements under the following sum to wit: The undersigned certifies that this proposal is made in good faith and without collusion or in connection with any other person bidding on the same work nor will any official or employee of City of Winston-Salem/Forsyth County be admitted to any share or part of this contract should an award be made to the undersigned. The undersigned further certifies that in connection with the performance of this contract not to discriminate against any employee or applicant for employment because of race, creed, color, gender, religion, national origin, political affiliation or handicap. The contractor agrees that in carrying out this contract he will apply with all applicable federal, state and local laws, specifically including, without limitation, the Occupational Safety and Health Act of 1970 and Section 1324A, The Immigration Reform and Control Act. Bids are to be signed by an officer of the company authorized to bind the submitter to its provisions. Failure to manually sign the appropriate proposal form will disqualify the bidder and the bid will not be considered. FB 3153 UPFIT EQUIPMENT FORD INTERCEPTOR 2023 Page 12 of 12 BID AUTHORIZATION AND SIGNATURE Bids are to be signed by an officer of the company authorized to bind the submitter to its provisions. Failure to manually sign the appropriate bid form will disqualify the bidder and the bid will not be considered. This proposal must also be notarized. ________________________________________ _____________________________ Company Telephone Number ________________________________________ _____________________________ Authorized Signature Witness ______________________________________ _____________________________ Typed Name and Title Federal Identification # ________________________________________ _____________________________ Address, (P.O. Box or Street) City, State, Zip E-Mail Address On this ___ day of _____________, 20____ before me _________________________________ (Name) to me personally known, being duly sworn, did execute the foregoing proposal, and did so state that he/she was properly authorized by _________________________ (Company name) SEAL to execute the proposal and did so on his/her free act and deed. Notary Public____________________________ My commission expires __________________