Robotic Line Painter

STATE OF NORTH CAROLINA University of North Carolina at Charlotte Invitation for Bid #: 66-23017 DH Robotic Line Painter Date Issued: September 8, 2022 Bid Opening Date: September 22, 2022 At 2:00 PM ET Direct all inquiries concerning this IFB to: Debbie Hopkins Senior Buyer Email: dhopki16@uncc.edu mailto:dhopki16@uncc.edu STATE OF NORTH CAROLINA UNIVERSITY OF NORTH CAROLINA AT CHARLOTTE Invitation for Bids # 66-23017 DH ______________________________________________________ For internal State agency processing, including tabulation of bids in the Interactive Purchasing System (IPS), provide your company’s eVP (Electronic Vendor Portal) Number or alternate identification number (e.g., EIN or Social Security Number). Pursuant to G.S. 132-1.10(b) this identification number shall not be released to the public. This page will be removed and shredded, or otherwise kept

confidential, before the procurement file is made available for public inspection. This page must be filled out and returned with your bid. Failure to do so shall be sufficient cause to reject your bid. ___________________________________________________ Vendor Name ______________________________ Vendor # Note: For your bid to be considered, your company (you) must be a North Carolina registered vendor in good standing. You must enter the vendor number assigned through eVP (Electronic Vendor Portal). If you do not have a vendor number, register at https://vendor.ncgov.com/vendor/login Electronic responses ONLY will be accepted for this solicitation. https://vendor.ncgov.com/vendor/login Rev: 01/2022 Page 1 of 21 EXECUTION In compliance with this Invitation for Bids (IFB), and subject to all the conditions herein, the undersigned Vendor 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, the undersigned Vendor understands that False certification is a Class I felony and certifies that:  this bid is submitted competitively and without collusion (G.S. 143-54),  that none of its 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  it is not an ineligible Vendor as set forth in G.S. 143-59.1. Furthermore, by executing this bid, the undersigned certifies to the best of Vendor’s knowledge and belief, that:  it and its principals are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal or State department or agency. As required by G.S. 143-48.5, the undersigned Vendor certifies that it, and each of its sub-Contractors for any Contract awarded as a result of this IFB, complies with the requirements of Article 2 of Chapter 64 of the NC General Statutes, including the requirement for each employer with more than 25 employees in North Carolina to verify the work authorization of its employees through the federal E-Verify system. G.S. 133-32 and Executive Order 24 (2009) prohibit the offer to, or acceptance by, any State Employee associated with the preparing plans, specifications, estimates for public Contract; or awarding or administering public Contracts; or inspecting or supervising delivery of the public Contract of any gift from anyone with a Contract with the State, or from any person seeking to do business with the State. By execution of this bid response to the IFB, the undersigned certifies, for Vendor’s entire organization and its employees or agents, that Vendor is not aware that any such gift has been offered, accepted, or promised by any employees or agents of Vendor’s organization. By executing this bid, Vendor certifies that it has read and agreed to the INSTRUCTION TO VENDORS and the NORTH CAROLINA GENERAL TERMS AND CONDITIONS. These documents can be accessed at the links provided in the ATTACHMENTS Section at the end of this IFB. Failure to execute/sign bid prior to submittal may render bid invalid and it MAY BE REJECTED Late bids CANNOT and WILL NOT be accepted. COMPLETE/FORMAL NAME OF VENDOR: STREET ADDRESS: P.O. BOX: ZIP: CITY & STATE COUNTY: TELEPHONE NUMBER: PRINCIPAL PLACE OF BUSINESS ADDRESS IF DIFFERENT FROM ABOVE (SEE INSTRUCTIONS TO VENDORS ITEM #21): PRINT NAME & TITLE OF PERSON SIGNING ON BEHALF OF VENDOR: FAX NUMBER: VENDOR’S AUTHORIZED SIGNATURE: DATE: E-MAIL: STATE OF NORTH CAROLINA University of North Carolina at Charlotte Refer ALL Inquiries regarding this IFB to: Debbie Hopkins Dhopki16@uncc.edu Invitation for Bid # 66-23017 DH Bids will be publicly opened: Thursday, September 22, 2022 @ 2:00 PM ET Using Department: Facilities Management – Grounds Department mailto:Dhopki16@uncc.edu Bid Number: 66-23017 DH Rev: 01/2022 Page 2 of 21 FOR UNIVERSITY USE ONLY: Offer accepted and Contract awarded this ____ day of _______________, 2022, as indicated on the attached certification, by: ______________________________________________________ VALIDITY PERIOD Offer valid for at least sixty (60) days from date of bid opening, unless otherwise stated here: ______ days. After this date, any withdrawal of offer shall be made in writing, effective upon receipt by the University. BID ACCEPTANCE The contract is a separate document that represents the Vendor’s and the University’s entire agreement (herein “Contract”). If your bid is accepted and results, through negotiation or otherwise, in a contract award you will be expected to accept the NORTH CAROLINA GENERAL TERMS AND CONDITIONS as part of the Contract. Dependent upon the product or service being offered, other terms and conditions may apply. (Authorized Representative of UNC Charlotte) https://files.nc.gov/ncdoa/pandc/OnlineForms/Form_North-Carolina-General-Terms-and-Conditions_01.2020.pdf Bid Number: 66-23017 DH Rev: 01/2022 Page 3 of 21 TABLE OF CONTENTS 1.0 PURPOSE AND BACKGROUND .......................................................................................... 5 1.1 CONTRACT TERM (for lease) ................................................................................................ 5 2.0 GENERAL INFORMATION .................................................................................................... 5 2.1 INVITATION FOR BID DOCUMENT ....................................................................................... 5 2.2 NOTICE TO VENDORS REGARDING IFB TERMS AND CONDITIONS ................................ 5 2.3 IFB SCHEDULE ..................................................................................................................... 5 2.4 RESERVED ............................................................................................................................ 6 2.5 RESERVED ............................................................................. 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Bookmark not defined. 2.6 BID SUBMITTAL .................................................................................................................... 6 2.7 BID CONTENTS ..................................................................................................................... 6 2.8 ALTERNATE BIDS ................................................................................................................. 7 2.9 RESERVED ............................................................................................................................ 7 3.0 METHOD OF AWARD AND BID EVALUATION PROCESS .................................................. 7 3.1 METHOD OF AWARD ............................................................................................................ 7 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION ......... 7 3.3 BID EVALUATION PROCESS ................................................................................................ 7 3.4 PERFORMANCE OUTSIDE THE UNITED STATES .............................................................. 8 3.5 INTERPRETATION OF TERMS AND PHRASES ................................................................... 8 4.0 REQUIREMENTS ................................................................................................................... 8 4.1 PRICING ................................................................................................................................ 9 4.2 PRODUCT IDENTIFICATION ................................................................................................. 9 4.3 TRANSPORTATION AND IDENTIFICATION ......................................................................... 9 4.4 DELIVERY, SET UP, AND TRAINING .................................................................................... 9 4.5 AUTHORIZED RESELLER ..................................................................................................... 9 4.6 WARRANTY ........................................................................................................................... 9 4.7 MAINTENANCE OPTION ..................................................................................................... 10 4.8 DESCRIPTIVE LITERATURE ............................................................................................... 10 4.9 RESERVED .......................................................................................................................... 10 4.10 CERTIFICATION AND SAFETY LABELS ............................................................................. 10 4.11 RESERVED .......................................................................................................................... 10 4.12 VENDOR’S REPRESENTATIONS ....................................................................................... 10 4.13 FINANCIAL STABILITY ........................................................................................................ 11 4.14 RESERVED .......................................................................................................................... 11 4.15 RESERVED .......................................................................................................................... 11 5.0 PRODUCT SPECIFICATIONS ............................................................................................. 11 SPECIFICATIONS ................................................................................................................ 11 6.0 CONTRACT ADMINISTRATION .......................................................................................... 11 6.1 PROJECT MANAGER AND CUSTOMER SERVICE ............................................................ 11 6.2 RESERVED .......................................................................................................................... 11 6.3 RESERVED .......................................................................................................................... 11 6.4 RESERVED .......................................................................................................................... 11 Bid Number: 66-23017 DH Rev: 01/2022 Page 4 of 21 6.5 ACCEPTANCE OF WORK ................................................................................................... 11 6.6 INVOICES ............................................................................................................................ 12 6.7 DISPUTE RESOLUTION ...................................................................................................... 12 6.8 PRODUCT RECALL ............................................................................................................. 12 6.9 CONTRACT CHANGES ....................................................................................................... 12 7.0 ATTACHMENTS .................................................................................................................. 13 ATTACHMENT A: PRICING FORM ..................................................................................................... 13 ATTACHMENT B: INSTRUCTIONS TO VENDORS............................................................................. 13 ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS ................ 13 ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION ............................................... 13 ATTACHMENT E: CUSTOMER REFERENCE FORM ........................................................................ 13 ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR ............................................. 13 ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION ..................................................... 13 ATTACHMENT H: VENDOR REQUEST FOR EO50 PRICE-MATCHING ............................................ 13 ATTACHMENT I: SAMPLE AGREEMENT .......................................................................................... 13 ATTACHMENT A: PRICING FORM ..................................................................................................... 14 ATTACHMENT I: SAMPLE AGREEMENT ........................................................................................... 15 Bid Number: 66-23017 DH Rev: 01/2022 Page 5 of 21 1.0 PURPOSE AND BACKGROUND UNC Charlotte needs a sports field robotic line painter that can mark out and paint any individual sport field, to include football, soccer, baseball, rugby, and lacrosse. It must also include all hardware and software required for proper operation using a GPS for the field layout. The University prefers to purchase the items, but may consider a lease, so the information for leasing is also included as part of this IFB. 1.1 CONTRACT TERM (for lease) The Contract shall have an initial term of one (1) year, beginning on the date of contract award (the “Effective Date”). At the end of the Contract’s initial term, the University shall have the option, in its sole discretion, to renew the Contract on the same terms and conditions for two (2) additional one-year terms. The University will give the Vendor written notice of its intent to exercise the option to renew by the end of the then-current term. In addition, the University reserves the right to extend a contract term after the last active term. Bids shall be submitted in accordance with the terms and conditions of this IFB and any addenda issued hereto. 2.0 GENERAL INFORMATION 2.1 INVITATION FOR BID DOCUMENT The IFB is comprised of the base IFB document, any attachments, and any addenda released before Contract award. All attachments and addenda released for this IFB in advance of any Contract award are incorporated herein by reference. 2.2 NOTICE TO VENDORS REGARDING IFB TERMS AND CONDITIONS It shall be the Vendor’s responsibility to read the Instructions, the State’s terms and conditions, all relevant exhibits and attachments, and any other components made a part of this IFB and comply with all requirements and specifications herein. Vendors also are responsible for obtaining and complying with all Addenda and other changes that may be issued in connection with this IFB. If Vendors have questions, issues, or exceptions regarding any term, condition, or other component within this IFB, those must be submitted as questions in accordance with the instructions in the BID QUESTIONS section. If the University determines that any changes will be made as a result of the questions asked, then such decisions will be communicated in the form of an IFB addendum. The University may also elect to leave open the possibility for later negotiation and amendment of specific provisions of the Contract that have been addressed during the question and answer period. Other than through this process, the University rejects and will not be required to evaluate or consider any additional or modified terms and conditions submitted with Vendor’s bid. This applies to any language appearing in or attached to the document as part of the Vendor’s bid that purports to vary any terms and conditions or Vendors’ instructions herein or to render the bid non-binding or subject to further negotiation. Vendor’s bid shall constitute a firm offer. By execution and delivery of this IFB Response, the Vendor agrees that any additional or modified terms and conditions, whether submitted purposely or inadvertently, shall have no force or effect, and will be disregarded. Noncompliance with, or any attempt to alter or delete, this paragraph shall constitute sufficient grounds to reject Vendor’s bid as nonresponsive. By executing and submitting its bid in response to this IFB, Vendor understands and agrees that the University may exercise its discretion not to consider any and all proposed modifications Vendor(s) may request and may accept Vendor’s bid under the terms and conditions of this IFB. 2.3 IFB SCHEDULE The table below shows the intended schedule for this IFB. The University will make every effort to adhere to this schedule. Bid Number: 66-23017 DH Rev: 01/2022 Page 6 of 21 Event Responsibility Day, Date and Time Issue IFB University Thursday, September 8, 2022 Submit Written Questions Vendor Thursday, September 15, 2022 by 12:00 Noon Provide Responses to Questions University Monday, September 12, 2022 Submit Bids Vendor Thursday, September 22, 2022 at 2:00 pm Contract Award University Monday, September 26, 2022 2.4 RESERVED 2.5 BID QUESTIONS Upon Review of the IFB documents, Vendors may have questions to clarify or interpret the IFB in order to submit the best bid possible. To accommodate the Bid Questions process, Vendors shall submit any such questions by the above due date. Written questions shall be e-mailed to dhopki16@uncc.edu by the date and time specified above. Vendors will enter “IFB # 66-23017DH: Questions” as the subject for the email. Questions submittals will include a reference to the applicable IFB section. Questions received prior to the submission deadline date, the University’s response, and any additional terms deemed necessary by the University will be posted in the form of an addendum to the Interactive Purchasing System (IPS), http://www.ips.state.nc.us, and shall become an Addendum to this IFB. No information, instruction or advice provided orally or informally by any University personnel, whether made in response to a question or otherwise in connection with this IFB, shall be considered authoritative or binding. Vendors shall rely only on written material contained in an Addendum to this IFB 2.6 BID SUBMITTAL IMPORTANT NOTE: This is an absolute requirement. Vendor shall bear the risk for late submission due to unintended or unanticipated delay, or technical issue. It is the Vendor’s sole responsibility to ensure its bid has been received via NC BIDS by the specified time and date of opening. Any bid received or attempted to be submitted after the bid submission deadline will be rejected. NC BIDS must be used for ALL bid submissions. All bid responses shall be submitted electronically via the North Carolina Business Invitation Delivery System (NC BIDS). For additional information, the NC BIDS for Vendors page includes online training videos and a link to NC BIDS FAQs for Vendors. Failure to submit a bid in strict accordance with these instructions shall constitute sufficient cause to reject a Vendor’s bid(s). Vendors are strongly encouraged to allow sufficient time to upload bids. Critical updated information may be included in Addenda to this IFB. It is important that all Vendors bidding on this IFB periodically check the State’s IPS website for any Addenda that may be issued prior to the bid opening date. All Vendors shall be deemed to have read and understood all information in this IFB and all Addenda thereto. 2.7 BID CONTENTS Vendors shall populate all attachments of this IFB that require the Vendor to provide information and include an authorized signature where requested. Vendor response to this IFB shall include each of the following items: a) Completed and signed version of EXECUTION PAGE, completed version of any pages requiring vendor input, and signed receipt pages of any addenda released in conjunction with this IFB (as required). b) Completed version of ATTACHMENT A: PRICING c) Completed and signed version of ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION mailto:dhopki16@uncc.edu http://www.ips.state.nc.us/ https://ncadmin.nc.gov/nc-bids-vendors https://ncadmin.nc.gov/nc-bids-faqs-vendors https://ncadmin.nc.gov/nc-bids-faqs-vendors Bid Number: 66-23017 DH Rev: 01/2022 Page 7 of 21 d) Completed and signed version of ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR e) Completed and signed version of ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION f) Completed and signed version of ATTACHMENT H: VENDOR REQUEST FOR EXECUTIVE ORDER #50 PRICE MATCHING form that confirms that a price matching opportunity is requested g) Include Annual Maintenance Agreement and Warranty information. 2.8 ALTERNATE BIDS Vendor may submit alternate bids for various methods or levels of service(s) or that propose different options, in addition to its principal bid. Alternate bids must specifically identify the IFB requirements and advantage(s) addressed by the alternate bid. Any alternate bid, in addition to the marking described above, must be clearly marked with the legend: “Alternate Bid #66-23017 DH for [name of Vendor]. Each bid must be for a specific set of goods and must include specific pricing. If a Vendor chooses to respond with various offerings, each must be offered with a separate price and be contained in a separate bid document. Each bid must be complete and independent of other bids offered. 2.9 RESERVED 3.0 METHOD OF AWARD AND BID EVALUATION PROCESS 3.1 METHOD OF AWARD North Carolina G.S. 143-52 provides a list of criteria the State shall use to award contracts. The goods or services being procured shall dictate the application and order of criteria; however, all award decisions shall be in the University’s best interest. While the intent of this IFB is to award a Contract to a single Vendor for all line items/portions, the University reserves the right to make separate awards to different Vendors for one or more items/portions, to not award one or more items/portions, or to cancel this IFB in its entirety without awarding a Contract, if it is considered to be most advantageous to the University to do so. If a Vendor selected for award is determined by the University to be a non-resident of North Carolina, all responsive bids will be reviewed to determine if any of them were submitted by a North Carolina resident Vendor who requested an opportunity to match the price of the winning bid, pursuant to Executive Order #50 and G.S. 143-59 (for more information, please refer to ATTACHMENT H: VENDOR REQUEST FOR EXECUTIVE ORDER #50 PRICE MATCHING. If such bid(s) are identified, the University will then determine whether any such bid falls within the price-match range, and, if so, make a Contract award in accordance with the process that implements G.S. 143-59 and Executive Order #50. The University reserves the right to waive any minor informality or technicality in bids received. 3.2 CONFIDENTIALITY AND PROHIBITED COMMUNICATIONS DURING EVALUATION While this IFB is under evaluation, the bidder, including any subcontractors and suppliers are prohibited from engaging in conversations intended to influence the outcome of the evaluation. See the Paragraph 29, CONFIDENTIAL INFORMATION and Paragraph 30, COMMUNICATIONS BY VENDORS of the INSTRUCTIONS TO VENDORS. 3.3 BID EVALUATION PROCESS Only responsive submissions will be evaluated. The University will conduct an evaluation of responsive Bids, as follows: Bids will be received according to the method stated in the BID SUBMITTAL section. Bid Number: 66-23017 DH Rev: 01/2022 Page 8 of 21 All bids must be received via NC BIDS not later than the date and time specified on the cover sheet of this IFB. At the date and time specified as the bid opening, the bid responses from each responding Vendor will be opened publicly and the name of the Vendor and bid’s total cost will be announced. Interested parties are cautioned that these costs and their components are subject to further evaluation for completeness and correctness and therefore may not be an exact indicator of a Vendor’s pricing position. If negotiation is anticipated under 01 NCAC 05B.0503, pricing may not be public until award. At their sole option, the evaluators may request oral presentations or discussions with any or all Vendors for the purpose of clarification or to amplify the materials presented in any part of the bid. Vendors are cautioned, however, that the evaluators are not required to request presentations or other clarification—and often do not. Therefore, all bids should be complete and reflect the most favorable terms available from the Vendor. Prices bid cannot be altered or modified as part of a clarification. Bids will generally be evaluated, based on completeness, content, cost, and responsibility of the Vendor to supply the requested goods and services. Specific evaluation criteria are listed in Section 3.1 METHOD OF AWARD. Upon completion of the evaluation process, the University will make Award(s) based on the evaluation and post the award(s) to IPS under the IFB number for this solicitation. Award of a Contract to one Vendor does not mean that the other bids lacked merit, but that, all factors considered, the selected bid was deemed most advantageous and represented the best value to the University. 3.4 PERFORMANCE OUTSIDE THE UNITED STATES Vendor shall complete ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR. In addition to any other evaluation criteria identified in this IFB, the University may also consider—for purposes of evaluating proposed or actual contract performance outside of the United States and to ensure that any award will be in the best interest of the University—how that performance may affect or be affected by the following factors: a) Total cost to the University b) Level of quality provided by the Vendor c) Process and performance capability across multiple jurisdictions d) Protection of the University’s information and intellectual property e) Availability of pertinent skills f) Ability to understand the University’s business requirements and internal operational culture g) Particular risk factors such as the security of the University’s information technology h) Relations with citizens and employees i) Contract enforcement jurisdictional issues 3.5 INTERPRETATION OF TERMS AND PHRASES This Invitation for Bids serves two functions: (1) to advise potential Vendors of the parameters of the solution being sought by the Department; and (2) to provide (together with other specified documents) the terms of the Contract that results from this procurement. As such, all terms in the Invitation for Bids shall be enforceable as contract terms in accordance with the North Carolina General Contract Terms and Conditions. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. In determining whether bids should be evaluated or rejected, the Department will take into consideration the degree to which Vendors have proposed or failed to propose solutions that will satisfy the Department’s needs as described in the Invitation for Bids. Except as specifically stated in the Invitation for Bids, no one requirement shall automatically disqualify a Vendor from consideration. However, failure to comply with any single requirement, if determined to be essential under the circumstances then existing, may result in the Department exercising its discretion to reject a bid in its entirety. 4.0 REQUIREMENTS This Section lists the requirements related to this IFB. By submitting a bid, the Vendor agrees to meet all stated requirements in this Section and as otherwise stated in this IFB. If a Vendor is unclear about a requirement or believes Bid Number: 66-23017 DH Rev: 01/2022 Page 9 of 21 a change in a requirement would allow for the University to receive a better bid, the Vendor is encouraged to submit these items in the form of a question during the question and answer period. 4.1 PRICING Bid price shall include the total price for each item, including shipping, delivery, handling, administrative and other similar fees. All prices shall be FOB UNC Charlotte. Vendor shall not invoice for any amounts not specifically allowed for in this IFB. 4.2 PRODUCT IDENTIFICATION SUITABILITY FOR INTENDED USE Vendors are requested to offer only items directly complying with the specifications herein or comparable items which will provide the equivalent capabilities, features and diversity called for herein. The University reserves the right to evaluate all bids for suitability for the required use and to award the one best meeting requirements and considered to be in the University’s best interest. 4.3 TRANSPORTATION AND IDENTIFICATION The Vendor shall deliver Free-On-Board (FOB) Destination to the University with all transportation costs and fees included in the total bid price. When an order is placed using a purchase order, the purchase order number shall be shown on all packages and shipping manifests to ensure proper identification and payment of invoices. A complete packing list shall accompany each shipment. Vendors shall not ship any products until they have received a purchase order. 4.4 DELIVERY, SET UP, AND TRAINING Delivery shall not be considered to have occurred until set up, programming, and training has been completed. 4.5 AUTHORIZED RESELLER The Vendor shall be authorized by the manufacturer to distribute or resell the products and/or maintenance offered in this IFB. The Vendor shall provide with its bid response a signed statement from the manufacturer confirming authorization. Failure to provide this statement shall constitute sufficient grounds for rejection of Vendor’s offer, at the discretion of the University. Vendor is the: Manufacturer Dealer Reseller Distributor Authorized: Yes No Attached Manufacturer’s Authority: Yes No 4.6 WARRANTY Vendor warrants that all equipment furnished under this IFB will be newly manufactured, of good material and workmanship. The warranty will apply from date equipment is put into operation for a minimum period of twelve (12) months or the length of the manufacturer’s warranty, whichever is longer. Such warranty shall cover the cost of all defective parts replacement, labor, freight, and technicians’ travel at no additional cost to the University, or as specified by the Purchasing Agency herein. To the extent not superseded by the terms of this paragraph, manufacturer’s warranty terms shall apply. Vendor’s warranty shall be at least the level of coverage provided for its comparable customers. The report of a problem does not presuppose that every call must result in an “on-site” visit for service/repair. The Vendor and/or service sub-contractor shall utilize best efforts to resolve problems in a timely fashion by using acceptable servicing methods to include, but not limited to, verbal problem analysis and remote diagnosis. The warranty requirement does not impose any additional duty on the University to make other than normal and good faith problem resolution efforts or expenditures of time. Vendor shall be responsible for compliance with warranty terms by any third-party service provider. Vendor shall provide contact information for warranty service provider, below. Vendor is authorized by manufacturer to repair equipment offered during the warranty period? YES NO Will the Vendor provide warranty service? YES NO, a manufacturer-authorized third party will perform Bid Number: 66-23017 DH Rev: 01/2022 Page 10 of 21 warranty service. Contact information for warranty service provider: Company Name: _______________________________________________ Company Address: _____________________________________________ _____________________________________________ Contact Person (name): _________________________________________ Contact Person (phone number): __________________________________ Contact Person (email): _________________________________________ 4.7 MAINTENANCE OPTION Following expiration of the above warranty, Vendor, or its third-party service provider, shall maintain the system specifications and performance level in accordance with the manufacturer’s published specifications and of this Invitation for Bid. It shall include all parts, all remedial maintenance labor, all travel and living expenses incurred. Except as specifically provided for elsewhere herein, coverage shall be at least for 8:00 am to 5:00 pm, Monday through Friday, except State recognized holidays and shall include a minimum of two (2) preventive and safety maintenance inspections per year. The University shall have an option to accept the maintenance coverage in this paragraph at the price offered in ATTACHMENT A: PRICING of this IFB, if applicable. 4.8 DESCRIPTIVE LITERATURE DESCRIPTIVE LITERATURE/CERTIFICATION Each bid shall be accompanied by complete descriptive literature, specifications, certifications, and all other pertinent data necessary for thorough evaluation of the item(s) bid and sufficient to determine compliance of the item(s) with the specifications. Failure to include such information to shall be a sufficient basis for rejection of the bid. 4.9 RESERVED 4.10 CERTIFICATION AND SAFETY LABELS 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. 4.11 RESERVED 4.12 VENDOR’S REPRESENTATIONS If the bid results in an award, the Vendor agrees that it will not enter any agreement with a third party that may abridge any rights of the University under the Contract. If any Services, deliverables, functions, or responsibilities not specifically described in this solicitation are required for Vendor’s proper performance, provision and delivery of the service and deliverables under a resulting Contract, or are an inherent part of or necessary sub-task included within such service, they will be deemed to be implied by and included within the scope of the contract to the same extent and in the same manner as if specifically described in the contract. Unless otherwise expressly provided herein, Vendor will furnish all of its own necessary management, supervision, labor, facilities, furniture, computer and telecommunications equipment, software, supplies and materials necessary for the Vendor to provide and deliver the Services and Deliverables. Bid Number: 66-23017 DH Rev: 01/2022 Page 11 of 21 Vendor expressly assumes full responsibility for prompt notification to the Purchasing Agency listed on the face of this IFB of any product recall in accordance with the applicable state or federal regulations. The Vendor shall support the University, as necessary, to promptly replace any such products, at no cost to the University. 4.13 FINANCIAL STABILITY Each Vendor shall certify it is financially stable by completing the ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION. The University is requiring this certification to minimize potential performance issues from Contracting with a Vendor that is financially unstable. This Certification shall be deemed continuing, and from the date of the Certification to the expiration of the Contract, the Vendor shall notify the University within thirty (30) days of any occurrence or condition that materially alters the truth of any statement made in this Certification. 4.14 RESERVED 4.15 RESERVED 5.0 PRODUCT SPECIFICATIONS SPECIFICATIONS Robot line painter must have the following specifications: • Robot must have the ability to paint lines, numbers, letters and logos. Must include unlimited Sport layouts. Must include everything for operation (except paint). • Tablet and software to control the robot. Must include ability to create free form text and customized logos. • Paint reservoir must be 5-7 gallons. • GPS technology to operate robot. • Four, all surface wheels, at minimum, to allow for stability • Battery hours must be 12 or higher. • Product support – 1-hour callback guarantee. • Back up robot supplied within 24 hours if needed. • Full warranty on robot and tablet. • Provide onsite training to program tablet and train University staff (minimum one full day). Training must provide for setup of all fields into the tablet and staff trained to operate and program the unit 6.0 CONTRACT ADMINISTRATION 6.1 PROJECT MANAGER AND CUSTOMER SERVICE If selected for award, the Vendor shall designate and make available to the University a single point of contact for contract related issues and issues concerning performance, progress review, scheduling and any service required. 6.2 RESERVED 6.3 RESERVED 6.4 RESERVED 6.5 ACCEPTANCE OF WORK Performance of the work and delivery of goods shall be conducted and completed in accordance with recognized and customarily accepted industry practices and shall be considered complete when the services or goods are Bid Number: 66-23017 DH Rev: 01/2022 Page 12 of 21 approved as acceptable by the Contract Administrator. The University and the Vendor will negotiate and agree on an acceptable notification process and resubmission period, which will be memorialized in the Contract. In the event acceptance criteria for any work or deliverables is not described in contract documents or work orders hereunder, the University shall have the obligation to notify Vendor, in writing ten (10) calendar days following completion of such work or deliverable described in the Contract that it is not acceptable. The notice shall specify in reasonable detail the reason(s) it is unacceptable. Acceptance by the University shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation or testing, as applicable of the work or deliverable. Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any requirements, acceptance criteria or otherwise fail to conform to the contract, the University may exercise any and all rights hereunder, including, for deliverables, such rights provided by the Uniform Commercial Code as adopted in North Carolina. 6.6 INVOICES Invoices shall include detailed line item information to allow the University to verify pricing at point of receipt matches the correct price from the original date of order. INVOICES MAY NOT BE PAID UNTIL AN INSPECTION HAS OCCURRED AND THE GOODS ACCEPTED. 6.7 DISPUTE RESOLUTION During the performance of the contract, the parties must agree that it is in their mutual interest to resolve disputes informally. Any claims by the Vendor shall be submitted in writing to the University’s Contract Manager for resolution. Any claims by the University shall be submitted in writing to the Vendor’s Project Manager for resolution. The Parties shall agree to negotiate in good faith and use all reasonable efforts to resolve such dispute(s). During the time the Parties are attempting to resolve any dispute, each shall proceed diligently to perform their respective duties and responsibilities under this Contract. The parties will agree on a reasonable amount of time to resolve a dispute. If a dispute cannot be resolved between the Parties within the agreed upon period, either Party may elect to exercise any other remedies available under the Contract, or at law. This term, when agreed in the Contract, shall not constitute an agreement by either party to mediate or arbitrate any dispute. 6.8 PRODUCT RECALL Vendor expressly assumes full responsibility for prompt notification to the Buyer listed on the face of this IFB of any product recall in accordance with the applicable state or federal regulations. The Vendor shall support the University, as necessary, to promptly replace any such products, at no cost to the University. 6.9 CONTRACT CHANGES Contract changes, if any, over the life of the contract shall be implemented by contract amendments agreed to in writing by the University and Vendor. The remainder of this page is intentionally left blank Bid Number: 66-23017 DH Rev: 01/2022 Page 13 of 21 7.0 ATTACHMENTS ATTACHMENT A: PRICING FORM The Pricing Form associated with this IFB is a separate document that is captioned ATTACHMENT A: PRICING FORM and can be found at the end of this IFB. ATTACHMENT B: INSTRUCTIONS TO VENDORS The Instructions to Vendors, which are incorporated herein by this reference, may be found here: https://ncadmin.nc.gov/documents/vendor-forms ATTACHMENT C: NORTH CAROLINA GENERAL CONTRACT TERMS & CONDITIONS The North Carolina General Terms and Conditions, which are incorporated herein by this reference, may be found here: https://ncadmin.nc.gov/documents/vendor-forms ATTACHMENT D: HUB SUPPLEMENTAL VENDOR INFORMATION The Historically Underutilized Businesses (HUB) Supplier Information associated with this IFB is a separate document that is captioned ATTACHMENT D: HUB SUPPLEMENTAL SUPPLIER INFORMATION and can be found at the following link: https://ncadmin.nc.gov/documents/vendor-forms ATTACHMENT E: CUSTOMER REFERENCE FORM This Attachment does not apply to this particular IFB. ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR The Location of Workers Utilized by Vendor associated with this IFB is a separate document that is captioned ATTACHMENT F: LOCATION OF WORKERS UTILIZED BY VENDOR and can be found at the following link: https://ncadmin.nc.gov/documents/vendor-forms ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION ATTACHMENT G: CERTIFICATION OF FINANCIAL CONDITION and can be found at the following link: https://ncadmin.nc.gov/documents/vendor-forms ATTACHMENT H: VENDOR REQUEST FOR EO50 PRICE-MATCHING The Vendor Request for EO50 Price-Matching associated with this IFB is a separate document that is captioned ATTACHMENT H: VENDOR REQUEST FOR EO50 PRICE-MATCHING and can be found at the following link: https://ncadmin.nc.gov/documents/vendor-forms ATTACHMENT I: SAMPLE AGREEMENT The Sample Agreement with this IFB is a separate document that is captioned ATTACHMENT I: SAMPLE AGREEMENT https://ncadmin.nc.gov/documents/vendor-forms https://ncadmin.nc.gov/documents/vendor-forms https://ncadmin.nc.gov/documents/vendor-forms https://ncadmin.nc.gov/documents/vendor-forms https://ncadmin.nc.gov/documents/vendor-forms https://ncadmin.nc.gov/documents/vendor-forms Bid Number: 66-23017 DH Rev: 01/2022 Page 14 of 21 ATTACHMENT A: PRICING FORM FURNISH, DELIVER, SET UP AND TRAIN: For Purchase: Qty Description Unit Price 1 Robotic Line Painter $ 1 Operating Tablet and Software $ 1 Setup and Implementation Cost (One time) $ 1 * Annual Maintenance agreement for Robotic Line Painter, Tablet, and Software agreement to include all updates, etc. $ 1 Training (minimum 1 full day) to include online resources $ For Lease: Qty Description Unit Price per Year 1 Robotic Line Painter $ 1 Operating Tablet and Software $ 1 Setup and Implementation Cost (One time) $ 1 * Annual Maintenance agreement for Robotic Line Painter, Tablet, and Software agreement to include all updates, etc. $ 1 Training (minimum 1 full day) to include online resources $ NOTE: * Please list all details on the Annual Maintenance Agreement and Warranty. List all items covered, timeframes, etc. Bid Number: 66-23017 DH Rev: 01/2022 Page 15 of 21 ATTACHMENT I: SAMPLE AGREEMENT STATE OF NORTH CAROLINA MECKLENBURG COUNTY UNIVERSITY OF NORTH CAROLINA AT CHARLOTTE CONTRACT AGREEMENT THIS AGREEMENT is made and entered into on Month & Day, 2022, by and between Contractor/Company Name hereinafter referred to as Contractor, and the UNIVERSITY OF NORTH CAROLINA AT CHARLOTTE, on behalf of the Facilities Management Department, hereinafter referred to as University. WITNESSETH THAT WHEREAS, the Contractor has submitted to the University a proposal for the performance of certain services and the parties hereto desire to reduce the terms of this agreement to writing; Contractor agrees to provide the University with the professional services as described in this Agreement, which consists of this document, the Contractor’s response to the University’s solicitation IFB # 66-23017 for a Robotic Line Painter, hereafter referred to as the Bid/RFP, and any other attachments hereto; NOW, THEREFORE, for and in consideration of the mutual promises to each other, as hereinafter set forth, the parties hereto do mutually agree as follows: I. Scope of Work Contractor agrees to supply the University with professional services as defined in the detailed scope of work as stated below. (Insert Scope of Work here) Any conflict or inconsistency between the provisions of this document and any other documents that are attached hereto as part of this Agreement will be resolved by giving precedence in the following order: a) This document; Bid Number: 66-23017 DH Rev: 01/2022 Page 16 of 21 b) Contractor’s response to the UNC Charlotte solicitation including North Carolina’s Terms & Conditions or any negotiated Terms & Conditions, if applicable, which is incorporated herein by reference; c) The original UNC Charlotte solicitation including all North Carolina Terms & Conditions, if applicable, which is incorporated herein by reference; II. Term The services of the Contractor are to commence on Month & Day, 2022 and shall be completed by Month & Day, 2022. After the end of the initial term, there shall be the option to extend this agreement for (enter the number of years both in words and with a numeral) additional one-year terms upon written agreement of both parties. III. Payment University will make payments under this agreement as follows: For professional services as outlined by the statement of work, University shall pay the Contractor ____________________________________ Dollars ($__________) on Net 30 terms by University check(s) upon successful completion of work, and the receipt and subsequent approval of the Contractor's original invoice(s). The University is tax exempt and should not be billed for federal or state sales or use taxes. If the University requests additional services beyond those described in this Agreement, advance notice will be given and any additional compensation, if necessary, will be mutually agreed upon in writing. Payment of compensation specified in this Agreement, its continuation or any renewal thereof, is dependent upon and subject to the allocation or appropriation of funds to the University for the purpose set forth in this Agreement. IV. Key Personnel and Subcontracting The Contractor may not substitute key personnel assigned to the performance of this agreement without prior written approval by the University's Contract Administrator. The Contractor's individual designated as key personnel for the purposes of this agreement is __________Contractor Representative’s Name_____. The University’s individual designated as Bid Number: 66-23017 DH Rev: 01/2022 Page 17 of 21 key personnel for the purposes of this agreement is _____Departmental Representative’s Name_____. Work proposed to be performed under this agreement by the Contractor shall not be subcontracted without prior written approval of the University's Contract Administrator. V. Breach and Termination If through any cause, excluding a Force Majeure event, the Contractor fails to fulfill in timely and proper manner the obligations under this Agreement, the University then has the right to terminate this agreement by giving written notice to the Contractor of its intent to terminate. Following such written notice, the Contractor has thirty (30) days in which to correct noted deficiencies or failures. If the Contractor is unable to correct the deficiencies or failures within the thirty (30) day period, termination is effective at the close of business on the thirtieth (30th) day following notice. In such event, all finished or unfinished assignments, and the documentation thereof, handled by the Contractor must be given to the University and the Contractor will be paid just and equitable compensation for any satisfactory work completed on the project and for which Contractor submits a timely invoice. Notwithstanding the foregoing, the Contractor is not relieved of liability to the University for damages sustained by the University by virtue of any breach of this Agreement, and the University may withhold any payment due to the Contractor for the purpose of setoff until such time as the exact amount of damages due the University from such breach can be determined. The University may terminate this agreement for convenience at any time by 30 days’ notice in writing from the University to the Contractor. In that event, all finished or unfinished assignments as described in the paragraph above shall become University property and will immediately be delivered to the University. If the agreement is terminated by the University as provided herein, the Contractor will be paid for the services satisfactorily performed to the date of termination, less payment of compensation previously made. VI. Deliverables and Intellectual Property Any information, data, instruments, documents, studies, or reports given to or prepared or assembled by the Contractor under this agreement shall be kept as confidential and not divulged or made available to any individual or organization without the prior written approval of the University. Such documents, and all intellectual property rights therein (including, but not limited to, copyright) are the sole property of the University and not the Contractor. Specifically, no deliverable items produced in whole or in part under this agreement are the subject to any copyright by or on behalf of the Contractor. All inventions and the copyright in and to any copyrightable work, including, but not limited to, copy, art, negatives, photographs, designs, text, software, or documentation created as part of the Contractor's performance of this project vest in Bid Number: 66-23017 DH Rev: 01/2022 Page 18 of 21 the University, and the Contractor agrees to do all necessary acts to insure that all such rights vest in or are transferred to the University. VII. Notices Any notice under this Agreement to the University shall be mailed to the University as indicated below: University of North Carolina at Charlotte c/o Purchasing Office 9201 University City Boulevard Reese Building, 3rd Floor Charlotte, NC 28223 Purchasing@uncc.edu Any notice under this Agreement to the Contractor shall be mailed to the Contractor as indicated below: Contractor/Company Name c/o Contractor Representative Name Address Line 1 Address Line 2 City, State, Zip Email Address VIII. Miscellaneous Upon the entering of a judgment of bankruptcy or insolvency by or against the Contractor, the University may terminate this agreement for cause. It is agreed between the parties hereto that the place of this Agreement, its situs and forum, is Mecklenburg County, North Carolina, and that in said County and State such matters, whether sounding in contract or tort, and relating to the validity, construction, interpretation, and enforcement of this Agreement, will be determined in accordance with the substantive law of North Carolina. mailto:Purchasing@uncc.edu Bid Number: 66-23017 DH Rev: 01/2022 Page 19 of 21 The Contractor is responsible for the proper custody and care of any property furnished to it for use in connection with the performance of this Agreement, or purchased for this Agreement, and must reimburse the University for any loss or damage due to the Contractor’s negligence or neglect. The Contractor will take affirmative action in complying with all Federal and State requirements concerning fair employment and employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination by reason of race, color, religion, sex, national origin or disability. Contractor and any subcontractors, if it has fifty (50) or more employees, shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, national origin, protected veteran status or disability. If this contract involves software or electronic media, Contractor warrants that its product or service complies with Section 508 of the Rehabilitation Act of 1973, as amended, or WCAG 2.0 AA with respect to accessibility for individuals with disabilities. In the event that the University receives any complaints or concerns regarding the accessibility of the product or service, Contractor agrees promptly to respond to and resolve those concerns. Further, Contractor agrees to indemnify and hold University harmless for any claims arising from the inaccessibility of its product or service. Neither party shall be deemed to be in default of its obligations hereunder if and so long as it is prevented from performing such obligations by an act of war, hostile foreign action, nuclear explosion, earthquake, hurricane, tornado, or other catastrophic natural event or act of God (a ‘Force Majeure’ event). The Contractor must comply with all laws, ordinances, codes, rules, regulations, and licensing requirements that are applicable to the conduct of his business, including those of Federal, State, and local agencies having jurisdiction and/or authority. No advertisement or other public statement by the Contractor or its agents in connection with this Agreement, in any manner or medium, will assert or imply that University supports, approves, or endorses any product, service, interest, position, or ideology of the Contractor without prior, written approval from the University. The Contractor is retained by the University solely for those purposes and to the extent set forth in this Agreement. Contractor's relation to the University during the term of this agreement is that of independent contractor. Contractor does not have employee status and is not entitled to Bid Number: 66-23017 DH Rev: 01/2022 Page 20 of 21 participate in any plan, arrangements, or distributions by the University pertaining to or in connection with any qualified pension plan or providing any other health or welfare plan with similar benefits for regular University employees. Contractor is responsible for the payment of any taxes on any monies received by the Contractor. If the Contractor is an individual, i.e. not a corporation or an LLC, he is responsible for his own federal and state taxes. Additionally, if the individual is not a resident of North Carolina and is not otherwise exempt from federal income taxation or exempt under NC General Statute 105-163.1, UNC Charlotte will withhold a 4% nonresident income tax from payment(s) greater than $1,500 to the Contractor during any one calendar year for the consultation or Contractor’s services, in accordance with NC General Statutes 105-163.1 - 163.3. The Contractor may not represent themselves as an employee or agent of UNC Charlotte. Payments made directly or indirectly to foreign national individuals or companies may be subject to an additional withholding tax of as much as 30%. Any contracted services with foreign national individuals or companies are contingent on proper immigration authorization. As required by section 143-133.3 of the North Carolina General Statutes, the Contractor certifies that it, and each of its subcontractors, verifies the work authorization of each of its employees under E-Verify. Pursuant to the Iran Divestment Act of 2015, N.C. Gen. Stat. § 147-86.55, et seq. (Session Law 2015-118), Contractor certifies that, as of the date of this contract, it is not listed on the Final Divestment List created by the State Treasurer and available at www.nctreasurer.com. Contractor further certifies that none of its subcontractors that will perform services under this contract are included on the Final Divestment List. The Contractor shall hold and save the State, 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 agreement, 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 Contractor in the performance of this agreement and that are attributable to the negligence or intentionally tortious acts of the Contractor provided that the Contractor is notified in writing within 30 days that the State has knowledge of such claims. The Contractor represents and warrants that it shall make no claim of any kind or nature against the State’s agents who are involved in the delivery or processing of Contractor goods to the State. The representation and warranty in the preceding sentence shall survive the termination or expiration of this agreement. NOTICE FOR FORMER STATE EMPLOYEES NOW RETIRED AND RECEIVING STATE RETIRMENT SYSTEM BENEFITS: State retirees returning to work for a state entity, even as an independent contractor, may be at risk of losing their retirement benefit and having to repay benefits already received. Under the new State definition of "retirement," a State employee may only receive their retirement benefit when that person has: (1) completely separated from active service with "no intent or agreement, express or implied, to return"; and (2) not performed work of any kind for the State, including "part-time, temporary, substitute, or contractor service," during the first six months following retirement. Bid Number: 66-23017 DH Rev: 01/2022 Page 21 of 21 Earnings limits for State retirees also apply. The formation of a corporation does not exempt retired employees from the statutory earnings cap. If the corporation is formed for the purpose of providing services to a State employer based on a contract, and the employees are primarily State retirees, then the corporation is not exempt from earnings restrictions. However, if a retiree goes to work for an established corporation that (1) has multiple employees not predominately former State employees, and (2) the corporation provides contract services to multiple employers that are not Public agencies, then those earnings would not be subject to restrictions under N.C.G.S.135-3(8)c. ACCESS TO PERSONS AND RECORDS: The State or university auditor shall have access to persons and records as a result of all agreements or grants entered into by State agencies or political subdivisions in accordance with General Statute 147-64.7. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the agreement expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitations. This Agreement and any documents incorporated specifically by reference represent the entire agreement between the parties and supersedes all prior oral or written statements or agreement. This Agreement may be amended only by written amendments duly executed by the University and Contractor. IN WITNESS THEREOF, the parties have executed this Agreement in counterparts, each of which shall be deemed an original. Facsimile copies or Adobe Portable Document Format (PDF) copies sent by email shall be considered for all purposes as originals, effective the day and year first written above. SIGNATURES