NC0026051_Request for proposals_20071231

REQUEST FOR PROPOSALS
(RFP NO. 08-001)
TRIANGLE WASTEWATER TREATMENT PLANT
RESIDUALS REMOVAL AND DISPOSAL
COUNTY OF DURHAM, NORTH CAROLINA
Proposed Due Date:
August 9, 2007
2:00 P.M.
DURHAM COUNTY
NORTH CAROLINA
- nW
REQUEST FOR PROPOSALS
I
RFP# 08-001
ISSUE DATE:July 11,2007
ISSUING DEPARTMENT:
I
Firm Name: Date:
Address: Phone:
By:
(Typed)
Phone:
By:
(Signature in Ink)
I
1
4
I
4
Proposals shall be mailed and/or hand delivered to the Issuing Department shown above, and the
envelope shall bear the name and number of this Request for Proposals. It is the sole
responsibility of the Offer to ensure that its proposal reaches the Purchasing Division by the
designated date and hour indicated above.
Kelli McLean, Buyer [phone]
Purchasing Division
Fax: [phone]
Proposals will be received until 2:00 P.M., on Thursday, August 9, 2007 to provide dredging
approximately 1600 dry tons of wastewater residuals from the lagoon, handling the dredged
residuals, and transporting and disposing of the dredged residuals.
In compliance with this Request for Proposals and to all the terms and conditions imposed
herein, the undersigned offers and agrees to furnish the goods and services described in
accordance with the attached signed proposal.
TRIANGLE WASTEWATER TREATMENT PLANT
RESIDUALS REMOVAL AND DISPOSAL
COUNTY OF DURHAM, NORTH CAROLINA
County of Durham Purchasing Division
200 E. Main Street, 4th Floor
Durham, NC 27701
All inquiries concerning The Scope Of Services, Proposal Submission Requirements or
Procurement Procedures should be directed to:
TABLE OF CONTENTS
SECTION Page(s)
INSTRUCTIONS TO OFFERORS 3
SCOPE OF WORK 5A
7QUALIFICATIONS AND SUBMISSION REQUIREMENTS
9EVALUATION AND AWARD CRITERIA
ATTACHMENTS
I
2
REQUEST FOR PROPOSALS
RFP# 08-001
A. LEGAL NOTICE
B. PROPOSAL FORM
C. ADDENDUM ACKNOWLEDGEMENT
D. NON COLLUSIVE AFFIDAVIT
E. EQUAL EMPLOYMENT OPPORTUNITY
F. MWBE FORMS (Affidavits A-D and Appendix E)
G. SAMPLE SERVICE CONTRACT
H. CERTIFICATE OF INSURANCE
I. NO PROPOSAL REPLY FORM
J. LIVING WAGE POLICY
K. VENDOR APPLICATION/W-9 Form
L. TECHNICAL SPECIFICATIONS
M. SITE DIAGRAM
►
I
I
(
RFP# 08-001
INSTRUCTIONS TO OFFERORS
1 1.
2.
4
I
3.
4.
5.A Performance Bond will be required for this project.
6.
3
II
Each Offeror shall make good faith efforts to subcontract the established percentage stated with small business
concerns, owned and controlled by M/WBEs. The Offerors are required to submit information about
participating M/WBEs with their Bid/Proposal on the enclosed forms,
All Offerors shall complete and submit the Vendor Application/Bidders Profile Form. This information will
be used to create or update the County’s electronic vendor profile files.
Durham County hereby establishes the following goals for the expenditure
of funds with M/WBE's.
Proposals will be received until 2:00 P.M., Thursday August 9, 2007. Proposals shall be duly marked
and/or identified with Bidder Name, Address and RFP number.
After the RFP issue date, all communications between the Purchasing Division and prospective Offerors shall
be in writing. E-mail and faxed questions will be accepted and can be sent to [e-mail]
OR [phone]. Any inquires, requests for interpretation, technical questions, clarification, or additional
information shall be directed to Kelli McLean, Buyer at the address listed on page one (1) of this
solicitation. All questions concerning this RFP shall reference the RFP number, section number and
paragraph. Questions and responses affecting the scope of the services will be provided to all Offerors by
issuance of an Addendum. All questions shall be received by the Purchasing Division no later than 3:00
P.M., Wednesday, July 25, 2007, NO EXCEPTIONS.
Affidavits A through D and Appendix E. The Offeror shall include the name and address of each M/WBE, a
description of the work to be performed by each, and the dollar value of the work to be performed by each. Any
Bidder who fails to achieve the indicated M/WBE participation goal stated above is required to provide
documentation demonstrating that good faith efforts were made in an attempt to meet the established goal. Any
Bid/Proposal that does not include M/WBE information and documentation may be considered non-responsive.
A complete copy of the County’s Minority and Women Business Enterprise Ordinance may be obtained by
contacting the Purchasing Division at the phone number on the front of this Request for Proposals;
AFRICAN-
AMERICANS
6.27%
13.00%
ASIAN-
AMERICANS
N/A
N/A
HISPANIC
AMERICANS
N/A
N/A
NATIVE
AMERICANS
N/A
N/A
WOMEN-
OWNED
N/A
N/A
PRE-PROPOSAL CONFERENCE: A Pre-Proposal Conference will be held at 10:00 A.M., on
Thursday, July 19, 2007, at the Triangle Wastewater Treatment Plant, located at 5926 NC HWY 55,
Durham, NC. The purpose of this Conference is to allow all potential Offerors an opportunity to present
questions and obtain clarifications relative to this solicitation. While attendance at this conference will not be
a prerequisite to submitting a proposal, all potential Offerors are strongly encouraged to attend and read
the entire solicitation in advance. Any changes resulting from this Conference will be issued in a written
Addendum to the solicitation.
PROFESSIONAL
SERVICES/GOODS
PURCHASING
OTHER
PROFESSIONAL
In order for a proposal to be considered, it must be based on terms, conditions and specifications contained
herein and must be a complete response to this RFP. One (1) original and nine (9) copies of each proposal
shall be submitted to the Issuing Department. No other distribution of the proposal shall be made by the
Offeror. Proposals shall be limited to fifteen (15) single-sided pages or less, and signed by an authorized
representative. Each proposal should be bound in a single volume with all relevant documentation. Pages
should be numbered and sections tabbed appropriately. The County may elect to require oral presentations
after receipt of the proposals.
A person who is a citizen or lawful permanent resident of the United States and who is:
I
I 7.
8.
The Contractor shall not represent itself to be an agent of the County.9.
10.The following forms must be returned with your Bid Proposal.
I
4
a “Native American Indian tribe”; a federally recognized Indian tribe means an Indian tribe, or band, nation,
racheria, pueblo, colony, or other organized group or community, including any Alaska native village, which is
recognized by the Secretary of the Interior on October 1, 1985 as having special rights and is recognized as
eligible for service provided by the United States to Indians because of their status as Indians, a tribe that has a
pending application for Federal recognition on October 1,1985.
Should an Offeror find discrepancies in, or omissions from the documents, or should be in doubt as to their
meaning, he/she should at once notify the County, and a written Addendum shall be issued. Final submittal
for questions is 3:00 P.M. on Wednesday, July 25, 2007. The County will not be responsible for any oral
instructions. Acknowledgment of any Addendum received shall be noted on the proposal in the attachment
provided. In closing of a contract, any Addendum issued shall become a part thereof. The original RFP
document must also be signed.
The County reserves the right to reject any and all proposals, and to waive any informality in proposals unless
otherwise specified by the Offeror.
an “Hispanic American”; a person of Spanish culture with origins in Mexico, Central or South America, or the
Caribbean, regardless of race;
Proposal Form
Non-Collusion Affidavit
Addendum Acknowledgment
Vendor AppIication/W-9 Form
One (1) Original plus nine (9) copies of the Bid Proposal
M/WBE Forms:
Affidavit A & Affidavit D are required to be submitted with your bid/proposal if your company has
M/WBE participation but did not meet the goal. Affidavit A must correlate with Affidavit D. All
written documentation identifying the Good Faith Efforts attempted also must accompany Affidavit
D. It is imperative that all documentation match.
Affidavit A & Affidavit C are required to be submitted with your bid/proposal if your company
has M/WBE participation and met the goal.
Affidavit B is required if your company has no opportunity to sub-contract and will complete all
work with their own work force. No other Affidavits must be returned.
The CONTRACTOR receiving the award of this contract shall file within 30 days after award of the
contract a list of all identified subcontractors that will be used on the project.
The above information must be provided as required. Failure to submit these documents is
grounds for rejection of the bid/proposal.
A M/WBE is a business that is at least 51% owned and controlled by minority group members or women. A
M/WBE is bona fide only if the minority group or female ownership interests are real and continuing and not
created solely to meet the M/WBE requirement. In addition, the M/WBE shall itself perform satisfactory work
or service or provide supplies under the contract and not act as a conduit. The contractual relationship shall be
bona fide owned and controlled as: (1) a sole proprietorship legitimately owned by an individual who is a
minority group member or female; (2) a partnership or joint venture controlled by minorities and/or females,;
(3) a corporation or other entities controlled by minorities or females, and in which at least 51% of the voting
interests and 51% of the beneficial ownership interests are legitimately held by minorities and/or females.
These persons shall control the management and operations of the business on a day-to-day basis:
a.
b.
c.
d.
e.
f.
a “Black American”; a person having origins in any of the black racial groups of Africa;
I
SCOPE OF WORK
1.
2.
3.TECHNICAL SPECIFICATIONS:(See Attachment L)
4.
5.
6.
7.
8.
9.
5
I
(
I
RENEWAL OF CONTRACT: This contract may be renewed by the County for a period of 4 additional one
(1) year periods under the terms and conditions on the original contract. Price increases may be negotiated only
at time of renewal. Written notice of the County’s intention to renew shall be given approximately 90 days
prior to the expiration date of each contract period.
• The unlawful manufacture, distribution, dispensing, possession or use of alcohol or other drugs, and:
• Any impairment or incapacitation from the use of alcohol or other drugs (except the use of drugs for
legitimate medical purposes).
PURPOSE: The purpose and intent of this Request for Proposals (RFP) is to solicit proposals from qualified
Contractor(s) to establish a contract to provide
dredging approximately 1600 dry tons of waste water residuals, handling the dredged residuals, transporting,
treating and disposing of the dredged residuals. Residuals treatment and disposal options may include any
combinations of treatment and disposal methods as prescribed by 40 CFR 503 and as permitted by the
NCDENR Division of Water Quality or the NCDENR Division of Waste Management. Durham County does
not have any acreage for land disposal. All residuals removal, transportation, and treatment and disposal
operations shall be performed in compliance with all applicable federal (EPA 40 CFR 503), state, and local
regulations. Contractor shall be responsible for all required permits, and/or certification requirements required
by federal (EPA), state, and local governments for themselves and all subcontractors. See Technical
Specifications for additional details.
The initial term of the contract is from the date of contract award through June 30, 2008. with the option to
renew by the County for (4) successive one (1) year periods under the same terms and conditions. Any renewal
shall be based on satisfactory performance by the Contractor(s) during the previous years as the services
provided.
BACKGROUND: The OWNER of the Triangle Wastewater Treatment Plant is Durham County, North
Carolina. The OWNER has contracted with the OPERATOR, United Water Hydro Management, LLC, to
operate and maintain the treatment plant through a contract operations agreement. Waste activated sludge from
the secondary clarifiers is pumped to a single waste sludge lagoon. Decant from the surface of the sludge
lagoon is recycled to the head works of the treatment process.
REQUIREMENTS: Provide executed contracts with all required attachments within 30 days of award of the
contract. Complete work in accordance with all local, state, and federal rules (EPA 40 CFR 503).
INSPECTION AND ACCEPTANCE: Provide manifest for each truck stating date, weights, driver, disposal
site, and company name. Provide certification of regulatory compliance with monthly payment requests.
INVOICE PAYMENT: Invoices submitted will be paid net 30 days. Invoices shall be forwarded to the
County’s Designated Representative for review and payment approval.
DRUG FREE WORKPLACE: The Contractor(s) acknowledges and certifies that it understands that the
following acts by the Contractor, its employees and/or agents performing services on County property is
prohibited.
COUNTY DESIGNATED REPRESENTATIVE:
Richard Simms, Project Manager
Durham County Engineering, Utility Division
120 East Parrish Street
Durham, NC 27701
I
I
I
I
6
I
10* BEHAVIOR OF CONTRACTOR’S PERSONNEL: The County of Durham is committed to creating and
maintaining an environment free from harassment and other forms of misconduct that fundamentally
compromise the working environment of the County.
If such conduct occurs, the contractor will take all necessary steps to stop it and prevent its future occurrence,
including but not limited to the immediate dismissal of personnel. This policy shall be strictly enforced.
12. QUALIFICATIONS OF OFFERORS: The County may make such reasonable investigations as deemed
proper and necessary to determine the ability of the Offeror to perform the work and the Offeror shall furnish to
the County all such infonnation and data for this purpose as may be requested. The County reserves the right to
inspect the Offeror’s physical facilities prior to award to satisfy questions regarding the Offeror’s capabilities.
The County further reserves the right to reject any proposal if the evidence submitted by, or investigations of,
such Offeror indicates the Offerer is not properly qualified to carry out the obligations of the contract or
complete the work contemplated herein.
The Contractor(s) further acknowledges and certifies that it understands that a violation of these prohibitions
constitutes a breach of contract and may result n default action being taken by the County of Durham in
addition to any criminal penalties that may result from such conduct.
All Contractors performing work/services at a County facility shall take all necessary steps to assure that none
of its employees engage in harassment or intimidation relating to personal beliefs or characteristics of anyone
on the County’s premises, including, but not limited to race, religion, color, sex, or national origin, or
disabilities. Such harassment is unacceptable and will not be condoned in any form at the County of Durham.
11. INSPECTION OF WORKSITE/BUILDLNGS:
Arrangements for site inspection may be arranged by contacting:
Richard Simms
Project Manager
120 East Parrish Street
Durham, NC 27701
919-560-7999
QUALIFICATIONS AND SUBMISSION REQUIREMENTS
I
1) Letter of transmittal, identifying contact person.
2) Statement substantiating firm's understanding of project objectives and task assignments.
b) Description of any equipment proposed, including manufacturer and model number.
e) List of power/electrical and process water arrangements for all proposed equipment listed separately.
i)
j) The method of residuals stabilization to meet 40 CFR 503 requirements.
k)The residuals disposal location and methods of dispersal.
7
i
Durham County will receive written responses until 2:00 p.m. on Thursday, August 9, 2007, at the County of
Durham’s Purchasing Division located at 200 East Main Street, 4th Floor, Durham, NC. Responses received after
this time will not be accepted.
h) Solids mass balance showing the expected processing rates of the dredging and dredged residuals handling
equipment.
d) Description of estimated quantity of chemicals required, including polyelectrolyte for residuals conditioning.
It shall be the CONTRACTOR’S responsibility to provide all necessary chemicals and residuals
conditioning equipment. Polyelectrolyte will be included under the lump sum Contract Price. Odor control
will be listed as a separate bid item on a $/dry ton of residuals solids basis.
g)Copy of current NCDENR permits, showing acceptance of Durham County wastewater residuals for
treatment and disposal.
c) Description of proposed method to be used to dredge the lagoon to accomplish the intended purpose. Also, a
detailed description of proposed methods to be used to accomplish all other tasks outlined in these Contract
Documents shall be provided along with a checklist that will be used during the project as one of the tools
to achieve the successful completion of the project. This description shall include, but may not be limited
to, the verification of all required certifications and permits, testing parameters, testing frequencies,
inspections planned by CONTRACTOR management, the submittal of compliance reporting with monthly
payment requests, and the submittal of the final reporting for the required annual reports.
f) Letter of commitment to complete work on schedule proposed, signed by an officer of the OWNER and
notarized letter indicating authority to enter into an Agreement.
It must be demonstrated that the CONTRACTOR has the experience and all equipment and qualified
operators/supervisors necessary to dredge without damaging the integrity of the lagoon. It must also be
demonstrated that the CONTRACTOR can provide such means to dewater the residuals to the requirements
of the intended treatment and disposal facility.
Responses submitted should be concise and shall be limited to a maximum of 15 pages. All respondents shall
address the following, as a minimum, and should conform to the numbering system used below:
4) Description of training provided to proposed project team related to the completion of residuals dewatering,
treatment and disposal projects.
3) Explanation of your approach to complete the project objectives. Please include specific description of the
methods proposed, and include the following information:
a) Detailed schedule to mobilize equipment; dredge lagoon, handle and remove dredged residuals from the site;
transport dewatered residuals to treatment facility, product disposal, and demobilize equipment. This
schedule should specify the date dredging is to begin.
5)Firm or Individual background and history.
6)Brief history of the firm or individual.
(
7)Resumes of principles and key personnel.
8)A listing of similar work performed by your firm over the last 5 years.
9)Proposed project manager (person directly responsible for production of work).
11) Proposed M/WBE utilization with an explanation of their involvement in the work.
12) Describe previous litigation or arbitration in which your firm has been involved during the past five (5) years.
8
iI
I
I
14) Describe any regulatory action taken by EPA or NCDENR related to residuals disposal in which your firm has
been involved during the last five (5) years.
13) Describe any involvement that your firm, its employees, or its owner(s) have that may constitute a conflict of
interest.
10) Three (3) client references for similar lagoon dredging/dewatering projects with residuals treatment and
disposal performed within the last five (5) years.
Evaluation and Award Criteria
1.Evaluation Criteria
Proposals will be evaluated using the following criteria:
2.Award of Contract
9
Experience in providing this type of service for this size contract.
Qualifications of staff to be assigned to this project.
Specific plans and methodology for providing the proposed services.
References from at least three (3) similar clients.
Financial stability.
Price.
Compliance with Durham County Living Wage Policy.
Compliance with Durham County M/WBE Goals.
a)
b)
c)
d)
e)
f)
g)
h)
The County reserves the right to award to multiple Contractors or to a single Contractor deemed
to be fully qualified and best suited among those submitting proposals on the basis of the
evaluation factors included in the Request for Proposals. Price shall be considered, but shall not
be the sole determining factor. Once the proposals are ranked and the most responsive,
responsible Proposal(s) are determined, the County may conduct further negotiations, and/or
request presentations to assist in the clarification of contract terms and conditions.
ATTACHMENT A
i
LEGAL NOTICE
Publication Date: July 11, 2007
i
10
There will be a pre-proposal conference held on Thursday, July 19, 2007 at 10:00 A.M. at the Triangle Wastewater
Treatment Plant, 5926 HWY 55. Copies of the solicitation may be obtained in the Durham County Purchasing
Division, County Administrative Complex, 200 East Main Street, 4th Floor, Durham, North Carolina, from 8:30
A.M, until 5:00 P.M., Monday through Friday.
Pursuant to North Carolina General Statutes 143-129, the County of Durham will receive proposals for the Triangle
Wastewater Treatment Plant, Residuals Removal and Disposal, RFP # 08-001 in the Durham County Purchasing
Division, 200 East Main Street, 4th Floor, Durham, North Carolina 27701, until 2:00 P.M., on Thursday, August
9, 2007. No proposals will be accepted after the official time and date.
The County reserves the right to accept or reject, in whole or in part, such bids/proposals as appears in its judgment
to be in the best interest of the County.
TRIANGLE WASTEWATER TREATMENT PLANT
RESIDUALS REMOVAL AND DISPOSAL
COUNTY OF DURHAM, NORTH CAROLINA
County of Durham, NC
Jacqueline Boyce, C.P.M., CLGPO
Purchasing Manager
REQUEST FOR PROPOSALS
(RFP# 08-001)
i ! ►
ATTACHMENT B
PROPOSAL FORM
a) PAY ITEM NO. 1 - MOBILIZATION
i.
ii.
b) PAY ITEM NO. 2 - RESIDUALS REMOVAL AND DISPOSAL
i.
ii.
iii.Quantity may be increased or decreased by 25% at the same unit price.
c) PAY ITEM NO. 3 - ODOR CONTROL
Payment for this item will be paid at the contract unit price per dry ton of residuals removed.i.
ii.Odor control will only be used at the direction of the OWNER.
11
II
!
BIDDER/OFFEROR will complete the work in accordance with the Contract Documents, and in
compliance with all applicable statutes and regulations which shall include, but are not limited to federal
(EPA 40 CFR 503), state, and local regulations. Contractor shall be responsible for all required permits,
and/or certification requirements required for themselves and all subcontractors being utilized by them.
To be received until 2:00 P.M. on Thursday, August 9, 2007 in the Purchasing Division, County of
Durham Administrative Complex, 4Ih floor, 200 East Main Street, Durham, North Carolina 27701
This item shall include the cost of insurance and bonds, preparation of progress schedule,
schedule of bid items, protection of utilities, sheds and storage areas, equipment, tools,
permits, preparation of reports, certificates, and other items that are necessary to complete this
contract, but not included in other bid items.
The County of Durham invites your Proposal for the:
TRIANGLE WASTEWATER TREATMENT PLANT RESIDUALS REMOVAL AND DISPOSAL
1
Payment for this item shall be made as the contract unit price per dry ton of residuals removed
and disposed of at a site in compliance with all federal, state and local regulations, including
40 CFR 503. OWNER may verify site compliance. This item shall include labor, materials,
supervision, equipment, appliances, and materials to perform all operations required to
remove, treat, and dispose of residuals in accordance wdth the guidelines set-forth by local,
state, and federal regulations and as per contract specifications. The OWNER will perform
testing meeting appropriate requirements for type testing to certify dried solids weight
(percent solids) for payment.
Payment will be made on each dry ton shipped to an OWNER approved treatment and
disposal site with weigh tickets, truck manifests, compliance testing documentation, and a
signed certification that the treatment and disposal was performed in compliance with all
regulatory requirements, including 40 CFR 503 and NCDENR permits. The OWNER may
verify the regulatory compliance. Approval by the OWNER of a site does not relieve the
CONTRACTOR of its obligation to ensure compliance with all laws and regulations or to
insure and indemnify the OWNER for any damages, penalties, or regulatory actions arising
from this contract.
Payment shall be made as the Contract lump sum price for Contractor mobilization to the
project site. The item shall include but not be limited to the set-up of temporary facilities and
equipment for performing the work. The lump sum price shall not exceed 3 percent of total
bid price.
d) PAY ITEM NO. 4 - DEMOBILIZATION
I
i.
ii.
PROPOSAL FORM
Description Units
1.$ $ LS 1
$ 2.TON $ 1,600
TON 1,6003.$ S
4.Demobilization SI 0.000.00 SI 0,000.00LS1
12
Estimated
Quantity
Odor Control
As Directed by OWNER
Residuals Removal, Treatment,
Conveyance and Disposal
Unit
Price
Total
Price
Pay Item
No.
Mobilization and Demobilization
(not to exceed 3% of total bid price)
This item shall include the cost of removing sheds and storage areas, equipment, tools,
preparation of reports, certificates, close out paperwork including final report preparation for
required EPA and NCDENR annual reports, and other items that are necessary to complete
this contract, but not included in other bid items.
Payment will be made at the Contract lump sum price. The price for this item has been
provided by the OWNER.
ATTACHMENT C
ADDENDUM ACKNOWLEDGEMENT
Delivery Point:
Receipt of the following addendum are acknowledged:
Addendum no. Date
Addendum no. Date
Addendum no. Date
Addendum no. Date
Addendum no. Date
Signature: Date:
I
13
Durham County Purchasing Division
200 East Main St. 4,h Floor
Durham, NC 27701
ATTACHMENT D
NON-COLLUSION AFFIDAVIT
I , being first duly sworn, deposes and says that:
1.
2.
3.Such proposal is genuine and is not a collusive or sham proposal;
4.
5.
Signature of offeror Date
(SEAL)
I TITLE
14
Notary Public
My Commission Expires.
State of North Carolina
County of Durham
Ele/She is fully informed respecting the preparation and contents of the attached proposal
and of all pertinent circumstances respecting such proposal;
The price or prices quoted in the attached proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the offeror or any of its
agents, representatives, owners, employees, or parties in interest, including this affidavit.
He/She is the of
the offeror that has submitted the attached proposal;
Neither the said offeror nor any of its officers, partners, owners agents, representatives, employees
or parties of interest, including this affidavit, has in any way colluded, conspired, connived or
agreed, directly or indirectly, with any other offeror, firm or person to submit a collusive or sham
proposal in connection with the contract for which the attached proposal has been submitted or to
refrain from bidding in connection with such contract, or has in any manner, directly or indirectly,
sought by agreement or collusion or communication or conference with any other offeror, firm or
person to fix the price or prices in the attached proposal or of any other offeror, or to fix any
overhead, profit or cost element of the proposal price of any other offeror or to secure through
collusion, conspiracy, connivance or unlawful agreement any advantage against the County of
Durham or any person interested in the proposed contract; and
Subscribed and sworn before me,
this day of, 20
ATTACHMENT E
EQUAL EMPLOYMENT OPPORTUNITY
I
During the performance of this contract, the contractor agrees as follows:
A.
B.
C.
D.
E.
15
The contractor will include the provisions of this section in every subcontract or purchase
order unless exempted by rules, regulations, or orders of the Board of County Commissioners
of the County of Durham, North Carolina so that such provisions will be binding such
subcontractor or vendor.
The contractor will in all solicitations or advertisements for employees placed by or on behalf
of the contractor state that all qualified applicants will receive consideration for employment
without regard to race, handicap, age, color, religion, sex, or national origin.
The contractor will send to each labor union or representative of workers with which he has a
collective bargaining agreement or other contract or understanding a notice to be provided
advising the labor union or workers' representative of the contractor's commitments under the
Equal Employment Opportunity section of this contract and shall post copies of the notice in
conspicuous places available to employees and applicants for employment.
In the event of the contractor's noncompliance with nondiscrimination clauses of this contract
or with any such rules, regulations or orders, this contract may be canceled, terminated, or
suspended in whole or in part and the contractor may be declared ineligible for further County
contracts.
The contractor will not discriminate against any employee or applicant for employment
because of race, handicap, age, color, religion, sex, or national origin. The contractor will take
affirmative action to ensure that applicants are employed and that employees are treated
during employment without regard to race, handicap, age, color, religion, sex or national
origin. Such action shall include but not be limited to the following: employment, upgrading,
demotion or transfer, recruitment or recruiting advertising, layoff or termination rates of pay
or other forms of compensation, and selection for training including apprenticeship. The
contractor agrees to post in conspicuous places available to employees and applicants for
employment notices setting forth the provisions of the nondiscrimination clause.
ii
ATTACHMENT F
ATTACH TO BID
State of North Carolina AFFIDAVIT A - List of the Good Faith Effort
COUNTY OF DURHAM
Affidavit of
9
5-Attended prebid meetings scheduled by the public owner.
Name of Authorized Officer: Date:
Signature:
Title:
day of 20
SEAL
16
9-Negotiated joint venture and partnership arrangements with minority businesses in order to increase
opportunities for minority business participation on a public construction or repair project when possible.
I
I
In accordance with GS 143-128.2(d) the undersigned will enter into a formal agreement with the firms listed in the
Identification of Minority Business Participation schedule conditional upon execution of a contract with the Owner.
Failure to abide by this statutory provision will constitute a breach of the contract.
The undersigned hereby certifies that he or she has read the terms of the minority business commitment and is
authorized to bind the bidder to the commitment herein set forth.
7-Negotiated in good faith with interested minority businesses and did not reject them as unqualified
without sound reasons based on their capabilities. Any rejection of a minority business based on lack of
qualification should have the reasons documented in writing.
1-Contacted minority businesses that reasonably could have expected to submit a quote and that were
known to the contractor, or available on State or local government maintained lists, at least 10 days before
the bid date and notified them of the nature and scope of the work to be performed.
2-Made the construction plans, specifications and requirements available for review by prospective
minority businesses, or providing these documents to them at least 10 days before the bids are due.
3-Broken down or combined elements of work into economically feasible units to facilitate minority
participation.
4-Worked with minority trade, community, or contractor organizations identified by the Office of
Historically Underutilized Businesses and included in the bid documents that provide assistance in
recruitment of minority business.
6-Provided assistance in getting required bonding or insurance or provided alternatives to bonding or
insurance for subcontractors.
8-Provided assistance to an otherwise qualified minority business in need of equipment, loan capital, lines
of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that
is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder's
suppliers in order to help minority businesses in establishing credit.
10-Provided quick pay agreements and policies to enable minority contractors and suppliers to meet
cashflow demands.
(Name of Bidder)
I have made a good faith effort to comply under the following areas checked:
(A minimum of 5 areas must be checked in order to have achieved a "good faith effort")
State of North Carolina, County of
Subscribed and sworn to before me this
Notary Public
My commission expires
ATTACH TO BID - IF YOU ARE NOT UTILIZING SUBCONTRACTORS
State of North Carolina AFFIDAVIT B -Intent to Perform Contract with Own Workforce
COUNTY OF DURHAM
Affidavit of
(Name of Offeror)
contract.
(Name of Project)
Name of Authorized Officer: Date:
Signature:
day of 20
SEAL
17
I hereby certify that it is our intent to perform 100% of the work required for
the
In making this certification, the Offeror states that the Offeror does not customarily subcontract elements of this type
project, and normally performs and has the capability to perform and will perform all elements of the work on this
project with his/her own current work forces; and
The Offeror agrees to provide any additional information or documentation requested by the owner in support of the
above statement.
The undersigned hereby certifies that he or she has read this certification and is authorized to bind the Offeror to the
commitments herein contained.
Title:
State of North Carolina, County of
Subscribed and sworn to before me this
Notary Public
My commission expires
ATTACH TO BID - IF YOU MEET THE M/WBE GOAL
State of North Carolina AFFIDAVIT C - Portion of the Work to be Performed by Minority Firms
COUNTY OF DURHAM
CONSTRUCTION 19.46%N/A N/A N/A N/A
19.06%N/A N/A N/A 7.17%
N/A N/A N/A N/A 15.32%
N/A N/A N/A N/A N/A
PURCHASING N/A6.27%N/A N/A N/A
13.00%N/A N/A N/A N/A
Affidavit of I do hereby certify that on the
(Name of Bidder)
(Project Name)
Project ID No. Amount of Bid $
Name and Phone Number Work Description Dollar Value
Date: Name of Authorized Officer:
Signature:
Title:
day of 20
SEAL
18
I
*Minority
Category
The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the
bidder to the commitment herein set forth.
*Minority categories: Black, African American (B), Hispanic (H), Asian American (A), American Indian (I),
Female (F)
Pursuant to GS 143-128.2(d), the undersigned will enter into a formal agreement with Minority Firms for work
listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill this commitment
may constitute a breach of the contract.
I will expend a minimum of% of the total dollar amount of the contract with minority businesses
enterprises. Work will be subcontracted to the following firms listed below. Attach additional sheets if needed.
State of North Carolina, County of
Subscribed and sworn to before me this
Notary Public
My commission expires
Percentage
of Goal
PROFESSIONAL
SERVICES/GOODS
OTHER
PROFESSIONAL
AFRICAN-
AMERICAN
S
HISPANIC
AMERICAN
S
NATIVE
AMERICANS
WOMEN-
OWNED
CONSTRUCTION
SUBCONTRACT
ARCHITECTURE/
ENGINEERING
HEALTH/SOCIAL
SERVICES
Durham County Goals for M/WBE Participation in the Procurement of Goods, Services and Construction
ASIAN-
AMERICANS
ATTACH TO BID - IF YOU DO NOT MEET THE MAYBE GOAL
CONSTRUCTION 19.46%N/A N/A N/A N/A
19.06%N/A N/A N/A 7.17%
N/A N/A N/A N/A 15.32%
N/A N/A N/A N/A N/A
PURCHASING 6.27%N/A N/A N/A N/A
13.00%N/A N/A N/A N/A
Affidavit of
Name and Phone Number Work description Dollar Value
*Minority categories: Black, African American (B), Hispanic (H), Asian American (A), American Indian (I), Female (F)
A.
E.
Signature:
Title:
day of 20
SEAL
1
F.
G.
H.
I.
Failure to provide the documentation as listed in these provisions may result in rejection of the bid and award to the next lowest
responsible and responsive bidder.
Date:Name of Authorized Officer:
I will expend a minimum of% of the total dollar amount of the contract with minority businesses enterprises. Work will
be subcontracted to the following firms listed below. Attach additional sheets if needed.
(Name of Bidder)
I do certify the attached documentation as true and accurate representation of my good faith efforts.
OTHER
PROFESSIONAL
Copies of solicitation for quotes to at least three (3) minority business Finns from the source list provided by the
State for each subcontract to be let under this contract (if 3 or more firms are shown on the source list). Each solicitation
shall contain a specific description of the work to be subcontracted, location where bid documents can be reviewed,
representative of the Prime Bidder to contact, and location, date and time when quotes must be received
Copies of quotes or responses received from each firm responding to the solicitation.
A telephone log of follow-up calls to each firm sent a solicitation.
For subcontracts where a minority business firm is not considered the lowest responsible sub-bidder, copies of quotes
received from all firms submitting quotes for that particular subcontract.
Documentation of any contacts or correspondence to minority business, community, or contractor organizations in an
attempt to meet the goal.
Copy of pre-bid roster.
Letter documenting efforts to provide assistance in obtaining required bonding or insurance for minority business.
Letter detailing reasons for rejection of minority business due to lack of qualification.
Letter documenting proposed assistance offered to minority business in need to equipment, loan capital, lines of credit, or
joint pay agreements to secure loans, supplies, or letter of credit, including waiving credit that is ordinarily required.
AFRICAN-
AMERICANS
State of North Carolina, County of
Subscribed and sworn to before me this
Notary Public ____________
My commission expires
*Minority
Category
ASIAN-
AMERICANS
HISPANIC
AMERICANS
NATIVE
AMERICANS
WOMEN-
OWNED
Percentage of
Goal
B.
C.
D.
CONSTRUCTION
SUBCONTRACT
ARCHITECTURE/
ENGINEERING
HEALTH/SOCIAL
SERVICES
State of North Carolina AFFIDAVIT D - Good Faith Efforts
COUNTY OF DURHAM
Durham County Goals for M/WBE Participation in the Procurement of goods, Sendees, and Construction
PROFESSIONAL
SERVICES/GOODS
Documentation of the Bidder's good faith efforts to meet the goals set forth in the provisions.
Examples of documentation include, but are not limited to, the following evidence.
APPENDIX E
MWBE DOCUMENTATION FOR CONTRACT PAYMENTS
I
Prime Contractor/Architect:
Address & Phone:
Project Name:
Pay Application #: Period:
Firm Name Payment Amount Owner Use Only
Date: Approved/Certified By:
Name
Title
Signature
20
I
I
The following is a list of payments to be made to minority business contractors on this project for the above-
mentioned period.
*Minority categories: Black, African American (B), Hispanic (H), Asian American (A)
American Indian (I), Female (F)
*Minority
Category
*THIS DOCUMENT MUST BE SUBMITTED WITH EACH PAY REQUEST & FINAL PAYMENT*
ATTACHMENT G
SERVICE CONTRACT
(hereinafter referred to as “CONTRACTOR”).■
For and in consideration of mutual promises to each as herein after set forth, the parties hereto do mutually agree as follows:
1.
2.TERM OF CONTRACT.to
3.PAYMENT TO CONTRACTOR.
4.
I
5.
I
21
NORTH CAROLINA
DURHAM COUNTY
SI,000,000 per occurrence /$2,000,000 aggregate — Bodily Injury Liability, and
S 100,000 — Property Damage Liability, or
$1,000,000 per occurrence /$2,000.000 aggregate—Combined Single Limit Bodily Injury and Property Damage
The Term of this contract for services is from
unless sooner terminated as provided herein.
INDEPENDENT CONTRACTOR. COUNTY and CONTRACTOR agree that CONTRACTOR is an independent contractor
and shall not represent itself as an agent or employee of COUNTY for any purpose in the performance of CONTRACTOR’S
duties under this Contract. Accordingly, CONTRACTOR shall be responsible for payment of all federal, state and local taxes as
well as business license fees arising out of CONTRACTOR’S activities in accordance with this Contract. For purposes of this
contract taxes shall include, but not be limited to, Federal and State Income, Social Security' and Unemployment Insurance taxes.
INSURANCE AND INDEMNITY. To the fullest extent permitted by laws and regulations, CONTRACTOR shall indemnify and
hold harmless the COUNTY and its officials, agents, and employees from and against all claims, damages, losses, and expenses,
direct, indirect, or consequential (including but not limited to fees and charges of engineers or architects, attorneys, and other
professionals and costs related to court action or arbitration and any civil penalties assessed, or other action required or imposed,
by a regulatory agency) arising out of or resulting from CONTRACTOR’S performance of this Contract or the actions of the
CONTRACTOR or its officials, employees, or contractors under this Contract or under contracts entered into by the
CONTRACTOR in connection with this Contract. This indemnification shall survive the termination of this Contract.
In addition, CONTRACTOR shall comply with the North Carolina Workers’ Compensation Act and shall provide for the
payment of workers’ compensation to its employees in the manner and to the extent required by such Act. Additionally,
CONTRACTOR shall maintain, at its expense, the following minimum insurance coverage:
SCOPE OF SERVICES. CONTRACTOR hereby agrees to provide the services and/or materials under this contract pursuant to
the provisions and specifications identified in “Attachment 1” (hereinafter collectively referred to as “Services”). Attachment 1
is hereby incorporated herein and made a part of this contract. Time is of the essence with respect to all provisions of this
contract that specify a time for performance.
This contract is subject to the availability of funds to purchase the specified services and may be terminated at any time during the
Term upon thirty (30) days notice in the event such funds become unavailable.
CONTRACTOR shall receive from COUNTY an amount not to exceed
. ($) as full compensation for the provision of Services. COUNTY agrees to
pay CONTRACTOR at the rates specified for Services performed to the satisfaction of the COUNTY, in accordance with this
contract, and Attachment 1. Unless otherwise specified, CONTRACTOR shall submit an itemized invoice to COUNTY by the
end of the month during which Services are performed. A Funds Reservation number may be assigned to encumber the funds
associated with this contract and must appear on all invoices and correspondence mailed to Purchaser. Payment will be processed
promptly upon receipt and approval of the invoice by COUNTY.
CONTRACTOR, as an independent contractor, shall perform the Services required hereunder in a professional manner and in
accordance with the standards of applicable professional organizations and licensing agencies.
THIS CONTRACT is made, and entered into this the day of , 2007, by and between the COUNTY of
DURHAM, a political subdivision of the State of North Carolina, (hereinafter referred to as “COUNTY”), and
a corporation duly authorized to do business in the state of North Carolina,
22
11. SUCCESSORS AND ASSIGNS. CONTRACTOR shall not assign its interest in this Contract without the written consent of
COUNTY. CONTRACTOR has no authority to enter into contracts on behalf of COUNTY.
Termination of this Contract, either with or without cause, shall not form the basis of any claim for loss of anticipated profits by either
party.
10. TERMINATION OF CONTRACT. This Contract may be terminated, without cause, by either party upon thirty (30) days
written notice to the other party. This termination notice period shall beginning upon receipt of the notice of termination. Such a
termination does not bar either party from pursuing a claim for damages for breach of the contract.
CONTRACTOR shall furnish to the COUNTY a copy of the CONTRACTOR’S payroll (with personal identification redacted) on at
last a quarterly basis showing the wages paid to the CONTRACTOR’S employees who perform work pursuant to this Contract.
Failure to comply with the Policy may, in addition to all other remedies available for breach of contract, result in CONTRACTOR
being barred from receiving any other contracts with the COUNTY for a period of up to three years.
This Contract may be terminated, for cause, by the non-breaching party notifying the breaching party of a substantial failure to
perform in accordance with the provisions of this Contract and if the failure is not corrected within ten (10) days of the receipt of the
notification. Upon such termination, the parties shall be entitled to such additional rights and remedies as may be allowed by relevant
law.
S. LIVING WAGE. Unless otherwise exempt, CONTRACTOR shall comply with the COUNTY’S Living Wage Policy (the
Policy ’). Pursuant to the Policy, CONTRACTOR agrees to pay all employees, providing Services in connection with this Contract, at
least a Living Wage, as herein defined. Living Wage is defined to be a wage paid at an hourly rate of not less than 7.5% above the
Federal Poverty Guidelines, as defined by the Bureau of Census, for a family of four. The hourly rate for the COUNTY’S fiscal year
2008 (July 2007 through June 2008) is $10.67.
9. GOVERNING LAW. This Contract shall be governed by and in accordance with the laws of the State of North Carolina. All
actions relating in any way to this Contract shall be brought in the General Court of Justice in the County of Durham and the State of
North Carolina.
7. NON-DISCRIMINATION IN EMPLOYMENT. CONTRACTOR shall not discriminate against any employee or applicant for
employment because of age, sex, race, creed, national origin, or disability. CONTRACTOR shall take affirmative action to ensure that
qualified applicants are employed and that employees are treated fairly and legally during employment with regard to their age, sex,
race, creed, national origin, or disability. In the event CONTRACTOR is determined by the final order of an appropriate agency or
court to be in violation of any non-discrimination provision of federal, state or local law or this provision, this Contract may be
canceled, terminated or suspended in whole or in part by COUNTY, and CONTRACTOR may be declared ineligible for further
COUNTY contracts.
6. HEALTH AND SAFETY. CONTRACTOR shall be responsible for initiating, maintaining and supervising all safety
precautions and programs required by OSHA and all other regulatory agencies while providing Services under this Contract.
12. COMPLIANCE WITH LAWS. CONTRACTOR represents that it is in compliance with all Federal, State, and local law's,
regulations or orders, as amended or supplemented. The implementation of this Contract shall be carried out in strict compliance with
all Federal, State, or local laws.
CONTRACTOR, upon execution of this Contract, shall furnish to the COUNTY a Certificate of Insurance reflecting the
minimum limits stated above. The Certificate shall provide for thirty-(30) days advance written notice in the event of a decrease,
termination or cancellation of coverage. Providing and maintaining adequate insurance coverage is a material obligation of the
CONTRACTOR. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be
obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance
to do business in North Carolina. The CONTRACTOR shall at all times comply with the terms of such insurance policies, and all
requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or
this Contract. The limits of coverage under each insurance policy maintained by the CONTRACTOR shall not be interpreted as
limiting the CONTRACTOR’S liability and obligations under the Contract.
i
I
COUNTY OF DURHAM
Name and Title
I
CONTRACTOR
'rint Name:
Title:
23
I
I
iI
By:
Authorized Representative
20. CORPORATE AUTHORITY. By execution hereof, the person signing for CONTRACTOR below certifies that he/she has read
this contract and that he/she is duly authorized to execute this contract on behalf of the CONTRACTOR.
17. ENTIRE CONTRACT. This contract, including Attachment 1, shall constitute the entire understanding between COUNTY and
CONTRACTOR and shall supersede all prior understandings and agreements relating to the subject matter hereof and may be
amended only by written mutual agreement of the parties.
19. EXISTENCE. CONTRACTOR warrants that It is a corporation duly organized, validly existing, and in good standing under the
iws of the State of North Carolina and is duly qualified to do business in the State of North Carolina and has full power and authority
co enter into and fulfill all the terms and conditions of this contract.
COUNTY OF DURHAM
ATTN: PURCHASING DIVISION
4TH FLOOR, 200 EAST MAIN STREET
DURHAM, NC 27701
George K. Quick
Durham County Finance Officer
This instrument has been pre-audited in the
manner required by the Local Government
Budget and Fiscal Control Act.
CONTRACTOR
ATTN:
IN TESTIMONY WHEREOF, the parties have expressed their agreement to these terms by causing this Service Contract to be
executed by their duly authorized office or agent.
15. COUNTY NOT RESPONSIBLE FOR EXPENSES. COUNTY shall not be liable to CONTRACTOR for any expenses paid or
incurred by CONTRACTOR, unless otherwise agreed in writing.
18. HEADINGS. The subject headings of the sections are included for purposes of convenience only and shall not affect the
construction or interpretation of any of its provisions. This contract shall be deemed to have been drafted by both parties and no
interpretation shall be made to the contrary.
16. EQUIPMENT. CONTRACTOR shall supply, at its sole expense, all equipment, tools, materials, and/or supplies required to
provide Services hereunder, unless otherwise agreed in writing.
14. AUDIT RIGHTS. For all Services being provided hereunder, COUNTY shall have the right to inspect, examine, and make
copies of any and all books, accounts, invoices, records and other writings relating to the performance of the Services. Audits shall
take place at times and locations mutually agreed upon by both parties. Notwithstanding the foregoing, CONTRACTOR must make
the materials to be audited available within one (1) week of the request for them.
13. NOTICES. All notices which may be required by this contract or any rule of law shall be effective when received by certified
mail sent to the following addresses:
ATTACHMENT H
THE CONTRACTOR, AT ITS SOLE EXPENSE, SHALL PROVIDE AN ORIGINAL SIGNED CERTIFICATE OF INSURANCE.
1. WORKERS’COMPENSATION - STATUTORY LIMITS - EMPLOYERS’LIABILITY - $1,000,000.
4. BUILDER’S “ALL RISK” COVERAGE:
100% of Contract Sum
5. POLICY PERIOD MUST COVER THE TERM OF CONTRACT.
6.A.
B.The broker/agent submits a certified copy of the insurance policy.
24
■I
- Comprehensive/Commercial Form;
- Premises/Operations Liability (M&C);
- Underground Explosion & Collapse Hazard;
- Products/Completed Operations;
- Blanket Contractual;
- Broad Form Property Damage;
- Personal Injury;
- Automobile Liability, Including Coverage for owned, non-owned, leased or hired vehicles, and
- Garage/Garage keepers, Bailers, or Ship keepers Liability, if applicable.
COUNTY OF DURHAM
REQUIREMENTS FOR CERTIFICATE OF INSURANCE
Send your Certificate of Insurance with endorsement to:
County of Durham - Attn: Purchasing Division
200 East Main Street, 4Ih Floor Durham, North Carolina
A copy of the fully completed Endorsement must be provided. The Endorsement must name the County of Durham as an
Additional Insured, identify the policy number and be signed by an authorized representative. The Certificate of Insurance
and Endorsement must be submitted as one document.
- OR-
$1,000,000 per occurrence /$2,000,000 aggregate — Bodily Injury Liability, and
$ 100,000 — Property Damage Liability, or
$1,000,000 per occurrence /$2,000.000 aggregate—Combined Single Limit Bodily Injury and Property Damage
2. COVERAGE SHALL BE PROVIDED UNDER A COMPREHENSIVE GENERAL LIABILITY OR COMMERCIAL
GENERAL LIABILITY AND AUTOMOBILE LIABILITY FORM OF INSURANCE, SUCH AS IS USUAL TO THE PRACTICE
OF THE INSURANCE INDUSTRY, INCLUDING. BUT NOT LIMITED TO, ALL THE USUAL COVERAGE REFERRED TO
AS:
6. THE COUNTY OF DURHAM SHALL BE GIVEN NOT LESS THAN 30 DAYS NOTICE OF ANY DECREASE IN LIMITS,
CANCELLATION, EXPIRATION, OR RENEWAL OF THE POLICY.
/ENDOR - IMPORTANT - Work will not be permitted until the County of Durham receives an acceptable Certificate of
||Insurance. Give this information to your insurance agent/broker.
3. MINIMUM LIMITS OF PROTECTION MUST BE:
ATTACHMENT I
NO PROPOSAL REPLY FORM
PROPOSAL #
PROPOSAL TITLE:
Unfortunately, we must offer a “No Proposal” at this time because:
1. We do not wish to participate in the proposal process.
3.We do not feel we can be competitive.
4.
5.
6.We do not sell the items/services on which Proposals are requested.
7.Other:
FIRM NAME DATE
SIGNATURE PHONE
We wish to remain on the Offerors’ List.
We wish to be deleted from the Offerors’ List.
25
I
To assist us in obtaining good competition on our Request for Proposals, we ask that each firm that has received an invitation,
but does not wish to submit a proposal, state their reason(s) below and return to this office. This information will not preclude
receipt of future invitations unless you request removal from the Offerors’ List by so indicating below, or do not return this
form or bona fide proposal.
TO: Durham County
Purchasing Division
200 East Main Street, 4th Floor
Durham, NC 27701
2. We do not w ish to submit a proposal under the terms and conditions of the Request for Proposal document.
Our objections are:
We cannot submit a Proposal because of the marketing or franchising policies of the
manufacturing company.
We do not wish to sell to the Durham County’. Our objections are:
ATTACHMENT J
I
LIVEABLE WAGE POLICY
Definitions:
a)
b)“Contractor” means a person or entity that enters into a service contract with the County.
c)
d)
1)
2)
3)
4)
The Purchasing Division of the Finance Department shall monitor the compliance by the Contractor with the provisions of this policy.
26
Failure to comply once a contract has been awarded may in addition to all other remedies for breech, result in being barred from
receiving any other contract with the County for a period of up to three (3) years.
“Subcontractor” means any person or entity, that enters into a contract with the Contractor to assist the Contractor in the
performance of a service contract with the County.
any contract exempted by the County Manager when determined that compliance with this policy will result in the
loss of an essential service to the County.
I
i
a contract subject to Federal or State laws or Grant that would preclude application of the living wage requirements,
such as payment to the lowest bidder, a particular rate of payment for services, or payment by the unit of service;
a contract between the County and a non-profit corporation which is exempt from income tax pursuant to Section
501(C)(3) of the Internal Revenue Code;
a contract between the County and another governmental entity;
“Service contract” means a contract for services entered or to be entered into by the County with another person or entity. A
service contract specifically does not include:
“Living Wage” for purposes of service contracts, is defined to be a wage paid at an hourly rate of not less than seven and one-
half percent (7.5%) above the poverty level, as defined by the Bureau of Census, for a family of four. The Living Wage rate
according to the policy of Durham County is currently $10.67.
This provision shall additionally require that the Contractor furnish a copy of the Contractor’s and subcontractor’s payroll on at least a
quarterly basis showing the wages paid to employees who perform work under the contract with the County. Misrepresentation during
the procurement or contracting process in order to secure the contract may disqualify a Contractor and subcontractor from further
consideration in the procurement or contracting process.
This Request for Proposal (RFP) is subject to the County of Durham Living Wage Policy and any implementing regulations. The
Policy which is effective July 1, 2004 requires among other things, that unless specific exemptions apply, all Contractors and
subcontractors providing services to the County of Durham are required to pay all employees performing these services a living wage
as defined below.
Attachment K
Vendor Application
IT IS CRITICAL TO THE COUNTY OF DURHAM THAT YOU COMPLETE ALL DATA - PLEASE PRINT OR TYPE
(A W-9 FORM IS REQUIRED AND MUST BE SUBMITTED WITH THIS FORM)
1.Vendor Name:
2. Mailing address for payments:3 Mailing address for purchase orders, proposals and bids:
4.

Contact Person
7. Is your firm a large business? Yes No 8.Is your firm a small business? Yes No
9.No
No
Black American Native American Hispanic Asian/Pacific Asian Indian
11. Is your firm incorporated? Yes No
12. Is your firm a not-for-profit concern? Yes No
13. Is your firm a handicapped business concern? Yes No
14. Give a brief description of goods or services your firm provides:

Title:
Date:
If you have any questions concerning this form, call Durham County Business Development Manager [phone]
Fax to: [phone]or
Rev 02/06
27
Signature:
Print name:
Is your firm 51 percent or more owned and operated by a woman? Yes
If yes, with what governmental agencies are you certified?
Phone #:
Fax #:
Return to: County of Durham Purchasing Div.
200 E Main St 4th Floor
Durham, NC 27701
10. Is your firm 51 percent or more owned and operated by a minority? Yes
If yes, with what governmental agencies are you certified ?
Identify appropriate minority group:
6. Indicate your firm’s organizational type:
Individual Partnership Corporation Governmental Agency Other
5. In what City and State is your firm licensed?
If licensed in NC, indicate County (for tax purposes )
I
I
Do you require a 1099? Yes No
Name (as shown on your income tax return)
Business name, if different from above
Other ►
City, state, and ZIP code
r
List account number(s) nere (optional)
Taxpayer Identification Number (TIN)
Certification
2.
Date ►
I
Parti
Part II
I
i
I
I
Request for Taxpayer
Identification Number and Certification
Signature of
U.S. person ►
Enter your TIN in the appropriate Dox. The TIN provided must match the name given on Line 1 to avoid
backup withholding. For individuals, this is your social security' number (SSN). However, for a resident
alien, soie proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is
your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guioelines on whose number
to enter.
Individual/
Sole proprietor
• Any estate (other than a foreign estate) or trust. See
Regulations sections 301.7701-6(a) and 7(a) for additional
information.
Foreign person. If you are a foreign person, do not use
Form W-9. Instead, use the appropriate Form W-8 (see
Publication 515, Withholding of Tax on Nonresident Aiiens
and Foreign Entities).
Nonresident alien who becomes a resident alien.
Generally, only a nonresident alien individual may use the
terms of a tax treaty to reduce or eliminate U.S. tax on
certain types of income. However, most tax treaties contain a
provision known as a “saving clause." Exceptions specified
In the saving clause may permit an exemption from tax to
continue for certain types of income even after the recipient
has otherwise oecome a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an
exception contained in the saving clause of a tax treaty to
claim an exemption from U.S. tax on certain types of income,
you must attach a statement to Form W-9 that specifies the
following five items:
1. The treaty country. Generally, this must be the same
treaty under which you claimed exemption from tax as a
nonresident alien.
2. The treaty article adoressing the income.
3. The article number (or location) in the tax treaty that
contains the saving clause and its exceptions.
Cat. No. 10231X Form W-9 (Rev. 1-2005)
Give form to the
requester. Do not
send to the IRS.
Social security number
I 1 u I I I
or
I Employer identification number
i i ! i I I I I
Check appropriate box: O
Address (number, street, and apt. or suite no.)
I—. Exempt from backup
............................... I__I withholding
Requester's name and address (optional)
I
(
Purpose of Form
A person who is required to file an information return with the
IRS, must obtain your correct taxpayer identification number
(TIN) to report, for example, income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or
contributions you made to an IRA.
U.S. person. Use Form W-9 only if you are a U.S. person
(including a resident alien), to provide your correct TIN to the
person requesting it (the requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are
waiting for a numoer to be issued),
2. Certify that you are not subject to backup withholding,
or
3. Claim exemption from backup withholding if you are a
U.S. exempt payee.
Note. If a requester gives you a form other than Form W-9 to
request your TIN, you must use the requester's form if it is
substantially similar to this Form W-9.
For federal tax purposes you are considered a person if you
are:
• An individual who is a citizen or resident of the United
States,
• A partnership, corporation, company, or association
created or organized in the United States or under the laws
of the United States, or
W-9
(Rev. January 2005)
Department of the Treasury
Internal Revenue Service
cxi
0) cn rc
s
H
o E
= 2
u -
.2
cn
<D
I__I Corporation ___1 Partnership
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding, and
3. I am a U.S. person (inciuding a U.S. resident alien).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abanoonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, oayments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. (See the instructions on page 4.)
Sign
Here
Form W-S (Rev. 1-2005)Page 2
I
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN
to a requester, you are subject to a penalty of S50 for each
such failure unless your failure is due to reasonable cause
and not to willful neglect.
Civil penalty for false information with respect to
withholding. If you maKe a false statement with no
reasonable oasis that results in no backup withholding, you
re subject to a $500 penalty.
criminal penalty for falsifying information. Willfully
falsifying certifications or affirmations may subject you to
criminal penalties including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in
violation of federal law, the requester may be subject to civil
and criminal penalties.
Specific Instructions
Exempt From Backup Withholding
If you are exempt, enter your name as described above and
check the appropriate box for your status, then check the
"Exempt from backup withholding" box in the line following
the business name, sign and date the form.
Generally, individuals (including sole proprietors) are not
exempt from backup withholding. Corporations are exempt
from backup withholding for certain payments, such as
interest and dividends.
Note. If you are exempt from backup withholding, you
should still complete this form io avoid possible erroneous
backup withholding.
Exempt payees. Backup withholding is not required on any
payments made to the following payees:
1. An organization exempt from rax under section 501(a),
any IRA. or a custodial account unoer section 403(b)(7) if the
account satisfies the requirements of section 401 (f)(2),
2. Tne United States or any of its agencies or
instrumentalities,
3. A srare, the District of Columbia, a possession of the
United States, or any of tneir political subdivisions or
instrumentalities,
4. A foreign government or any of its political subdivisions,
agencies, or instrumentalities, or
5. An international organization or any of its agencies or
instrumentalities.
Other payees that may be exempt from backup
withholding include:
6. A corporation,
Name
If you are an individual, you must generally enter the name
shown on your social security card. However, if you have
changed your last name, for instance, due to marriage
without informing the Social Security Administration of the
name change, enter your first name, the last name shown on
your social security card, and your new last name.
If the account is in joint names, list first, and then circle,
the name of the person or entity whose number you entered
in Part I of the form.
Sole proprietor. Enter your individual name as shown on
your social security card on the “Name" line. You may enter
your business, trade, or “doing business as (DBA)” name on
the “Business name” line.
Limited liability company (LLC). If you are a single-member
LLC (including a foreign LLC with a domestic owner) that is
disregarded as an entity separate from its owner under
Treasury regulations section 301.7701-3, enter the owner's
name on the “Name" line. Enter the LLCs name on the
“Business name” line. Check the appropriate oox for your
filing status (sole proprietor, corporation, etc.), then check
the box for “Other” and enter "LLC” in the space provided.
Other entities. Enter your business name as shown on
required Federal tax documents on the “Name" line. This
name should match the name shown on the charter or other
legal document creating the entity. You may enter any
business, trade, or DBA name on the “Business name” line.
Note. You are requested to check the appropriate box for
your status (individual/sole proprietor, corporation, etc.).
4. The type and amount of income that qualifies for the
exemption from tax.
5. Sufficient facts to justify the exemption from tax under
e terms of the treaty article.
.xample. Article 20 of the U.S.-China income tax treaty
allows an exemption from tax for scholarship income
received by a Cninese student temporarily present in the
United States. Under U.S. law, this student will become a
resident alien for tax purposes if his or her stay in the United
States exceeds 5 calendar years. However, paragraph 2 of
the first Protocol to the U.S.-China treaty (dated April 30,
1984) allows the provisions of Article 20 to continue to apply
even after the Chinese student becomes a resident alien of
the United States. A Chinese student who qualifies for this
exception (under paragraph 2 of the first protocol) and is
relying on this exception to ciaim an exemption from tax on
his or her scholarship or fellowship income would attach to
Form W-9 a statement that includes the information
described above to support that exemption.
If you are a nonresident alien or a foreign entity not subject
to backup withholding, give the requester the appropriate
completed Form W-8.
What is backup withholding? Persons making certain
payments to you must under certain conditions withhold and
pay to the IRS 28% of such payments (after December 31,
2002). This is called “backup withholding.” Payments that
may be subject to backup withholding include interest,
dividends, broker and barter exchange transactions, rents,
royalties, nonemployee pay, and certain payments from
fishing boat operators. Real estate transactions are not
subject to backup withholding.
You will not be subject to backup withholding on payments
you receive if you give the requester your correct TIN, make
^e proper certifications, and report all your taxable interest
nd dividends on your tax return.
Payments you receive will be subject to backup
withholding if:
1. You de not furnish your TIN to the requester, or
2. You do not certify your TIN when required (see the Part
II instructions on page 4 for details), or
3. The IRS tells the requester that you furnished an
incorrect TIN, or
4. The IRS tells you that you are subject to backup
withholding because you did not report all your interest and
dividends on your tax return (for reportable interest and
dividends only), or
5. You do not certify to the requester that you are not
subject to backup withholding under 4 above (for reportable
interest and divioend accounts opened after 1983 only).
Certain payees and payments are exempt from backup
withholding. See the instructions below and the separare
Instructions for the Requester of Form W-9.
Form W-S (Rev. 1-2005)Page 3
I
IF the payment is for. . .
Interest and dividend payments
Broker transactions Exempt recipients 1 through 13.
1940 who regularly acts as a
Exempt recipients 1 through 5
Also, a person registered under
the Investment Advisers Act of
1 broker
i
r-ayments over $600 required
to be reported and direct
sales over $5,000 1
Baner exchange transactions
•’nd patronage dividends
All exempt recipients except
for 9
Generally, exempt recipients
1 through 72
I
(■
I
'See Form 1099-MISC, Miscellaneous Income, and its instructions.
2
However, the following payments made to a corporation (including gross
proceeds paid to an attorney under section 6045(f), even if the attorney is a
corporation) and reportable on Form 1099-MISC are not exempt from
backup withholding: medical and health care payments, attorneys’ fees; and
payments for services paid by a Federal executive agency.
7. A foreign central bank of issue,
8. A deaier in securities or commodities required to register
in the United States, the District of Columbia, or a
nossession of the United States,
9. A futures commission merchant registered with the
Commodity Futures Trading Commission,
10. A real estate investment trust,
11. An entity registered at all times during the tax year
under the Investment Company Act of 1940,
12. A common trust fund operated by a bank under
section 584(a),
13. A financial institution,
14. A middleman known in the investment community as a
nominee or custodian, or
15. A trust exempt from tax under section 664 or
described in section 4947.
Tne chart below shows types of payments that may be
exempt from backup withholding. The chart apoiies to the
exempt recipients listed above, 1 through 15.
THEN the payment is exempt
for . . .
Part I. Taxpayer Identification
Number (TIN)
Enter your TIN in the appropriate box. If you are a resident
alien and you do not have and are not eligible to get an SSN.
your TIN is your IRS individual taxpayer identification number
(ITIN). Enter it in the social security number box. If you do
not have an ITIN, see How to get a TIN below.
If you are a sole oroprietor and you have an EIN, you may
enter either your SSN or EIN. However, the IRS prefers that
you use your SSN.
If you are a single-owner LLC that is disregarded as an
entity separate from its owner (see Limited liability company
(LLC) on page 2), enter your SSN (or EIN, if you have one). If
the LLC is a corporation, partnership, etc., enter the entity's
Note. See the chart on page 4 for further clarification of
name and TIN combinations.
How to get a TIN. If you do not have a TIN, apoly for one
immediately. To apply for an SSN. get Form SS-5,
Application for a Social Security Card, from your local Social
Security Administration office or get this form online at
www.socialsecurity.gov/oniine/ss-5.pdi. You may aiso get this
form by calling 1-800-772-1213. Use Form W-7, Application
for IRS Individual Taxpayer Identification Number, to apply
for an ITIN, or Form SS-4, Application for Employer
Identification Number, to aoply for an EIN. You can apply for
an EIN online by accessing the IRS website at
www.irs.gov/businesses/ and clicking on Employer ID
Numbers under Related Topics. You can get Forms W-7 and
SS-4 from the IRS by visiting www.irs.gov or by calling
1-800-TAX-FCRM (1-800-829-3676).
If you are asked to complete Form W-9 but do not have a
TIN, write “Applied For" in the space for the TIN, sign and
date the form, and give it to the requester. For interest and
dividend payments, and certain payments made with respect
to readily tradable instruments, generally you will have 60
days to get a TIN and give it to the requester before you are
subject to backup withholding on payments. The 60-day rule
does not apply to other types of payments. You will be
subject to backup withholding on all such payments until you
provide your TIN to tne requester.
Note. Writing “Applied For” means that you have already
applied for a TIN or that you intend to apply for one soon.
Caution: A disregarded domestic entity that has a foreign
owner must use the appropriate Form W-8.
Page 4Form W-9 (Rev. 1-2005)
Part II. Certification
Give name and SSN of:For this type ot account:
The grantor-trustee 1
The actual owner'
The owner3
Give name and EIN of:
The owner3
Legal entity 4
The corporation
The organization
The partnership
The broker or nominee
The public entity
•U.S. Government Printing Office: 2005 — 310-344/20073i
What Name and Number To Give the
RequesterTo establish to the withholding agent that you are a U.S.
person, or resident alien, sign Form W-9. You may be
equested to sign by the withholding agent even if items 1, 4,
and 5 below indicate otherwise.
For a joint account, only the person whose TIN is shown in
Part I should sign (when required). Exempt recipients, see
Exempt From Backup Withholding on page 2.
Signature requirements. Complete the certification as
indicated in 1 through 5 below.
1. Interest, dividend, and barter exchange accounts
opened before 1984 and broker accounts considered
active during 1983. You must give your correct TIN, but you
do not have to sign the certification.
2. Interest, dividend, broker, and barter exchange
accounts opened after 1983 and broker accounts
considered inactive during 1983. You must sign the
certification or backup withholding will apply. If you are
subject to backup withholding and you are merely providing
your correct TIN to the requester, you must cross out item 2
in the certification before signing the form.
3. Real estate transactions. You must sign the
certification. You may cross out item 2 of the certification.
4. Other payments. You must give your correct TIN, but
you do not have to sign the certification unless you have
been notified that you have previously given an incorrect TIN.
"Other payments” include payments made in the course of
the requester’s trade or business for rents, royalties, goods
(other than bills for merchandise), medical and health care
services (including payments to corporations), payments to a
nonempioyee for services, payments to certain fishing boat
crew members and fishermen, and gross proceeds paid to
attorneys (including payments to corporations).
5. Mortgage interest paid by you, acquisition or
abandonment of secured property, cancellation of debt,
qualified tuition program payments (under section 529),
IRA, Coverdell ESA, Archer MSA or HSA contributions or
distributions, and pension distributions. You must give
your correct TIN, but you do not have to sign the
certification.
11. A broker or registered
nominee
12. Account with the Department
of Agriculture in the name of
a public entity (such as a
state or local government,
school distnct. or prison) that
receives agricultural program
payments
1. Individual
2. Two or more indiviauals (joint
account)
6. Sole proprietorship or
singie-owner LLC
7. A valid trust, estate, or
pension trust
9. Association, club, religious,
charitable, educational, or
other tax-exempt organization
The individual
The actual owner of the account
or, if combined funds, the first
individual on the account 1
The minor2
List first and circle the name of the person whose numoer you furnish. If
only one person on a joint account has an SSN, that person's numoer must
be furnished.
2Circle the minor's name and furnish the minor's SSN.
You must show your individual name and you may also enter your business
or "DBA” name on the second name line. You may use either your SSN or
EIN (if you have one). If you are a sole proprietor, IRS encourages you to
use your SSN.
' List first and circle the name of the legal trust, estate, or pension trust. (Do
not furnish the TIN of the personal representative or trustee unless tne legal
entity itself is not designated in the account title.)
Note. If no name is circled when more than one name is
listed, the number will be considered to be that of the first
name listed.
10. Partnership or multi-member
LLC
8. Coroorate or LLC electing
corporate status on Form
8832
3. Custodian account of a minor
(Uniform Gift to Minors Act)
4. a. The usual revocable
savings trust (grantor is
also trustee)
b. So-calied trust account
that is not a legal or valid
trust under state law
5. Sole propriexorship or
single-owner LLC__________
For this type of account:
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to oersons who must file information returns
with the IRS to report interest, dividends, and certain otner income paid to you, mongage interest you paid, the acquisition or
abandonment of secured property, cancellation of debt, or contributions you made to an IRA, or Archer MSA or HSA. The IRS
uses the numbers for identification purposes and to help verify the accuracy of your tax return. The IRS may also provide this
information to the Department of Justice for civil and criminal litigation, and to cities, states, and the District of Columbia to carry
out their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to
enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to comoat terronsm.
You must provide your TIN whether or not you are required to file a tax return. Payers must generally withhold 28% of taxable
interest, dividend, ano certain other payments to a payee who does not give a TIN to a payer. Certain penalties may also apply.
Printed on recycled paper
ATTACHMENT L
I
TABLE OF CONTENTS
SECTION 1 PAGE
General Conditions 29
SECTION 2 PAGETITLE
REQUIREMENTS
1
28
Summary of Work.............................................
Measurement and Payment................................
Definitions and Standards..................................
Schedules and Reports.......................................
Project Meetings.................................................
Procedures and Performances - Quality Control
Temporary Facilities and Electrical Power........
Project Closeout.................................................
Dredging and Dewatering..................................
TECHNICAL SPECIFICATIONS
FOR THE
TRIANGLE WASTEWATER TREATMENT PLANT
RESIDUALS REMOVAL AND DISPOSAL
DURHAM, NORTH CAROLINA
.30
.31
, 32
.33
.35
.37
38
39
.41
SECTION 1
General Conditions
1.PROJECT
2.TECHNICAL SPECIFICATIONS
The Project Manual is on file and may be examined at the following location:
I 3.ADDITIONAL DEFINITIONS
Wherever used in the Contract Documents, the following terms shall have the meaning indicated.
OPERATOR:
OWNER:
***END OF SECTION***
29
r
There will be a pre-bid conference held on Thursday, July 19, 2007 at 10:00 A.M., at the Triangle Wastewater
Treatment Plant located at 5926 NC Highway 55, Durham, North Carolina, 27713.
Wherever in the Contract Documents the words “approved”, “acceptable”, “satisfactory”, or words of like import are used, it
shall be understood that they mean approved by, acceptable to, or satisfactory to the OWNER.
Wherever the word “provide” is used in connection with the CONTRACTOR, it shall mean the CONTRACTOR shall
furnish and install all items required to conduct the work and to fulfill the intent of the Contract Documents. Wherever the
word “provide” is used, without mention of who shall provide, it shall mean the CONTRACTOR shall properly provide what
is called for and specified.
Durham County Purchasing Division
201 East Main Street, 4,h Floor
Durham, North Carolina 27701
Richard Simms, Project Manager
Durham County Engineering
120 East Parrish Street
Durham, NC 27701
RESIDUALS REMOVAL AND DISPOSAL
TRIANGLE WASTEWATER TREATMENT PLANT
DURHAM, NORTH CAROLINA
United Water Hydro Management, LLC
Durham County TWWTP
5926 NC Hwy 55 East
Durham, NC 27713
The Technical Specifications provides a description of the work that will be provided to the Durham County/Triangle
WWTP. The work shall include the dredging of residuals from the lagoon, handling the dredged residuals, transporting,
treating and disposing of the dredged residuals to a disposal site subject to the approval of the OWNER of the Durham
County/Triangle WWTP, as specified within these specifications. Residuals treatment and disposal options may include any
combinations of treatment and disposal methods as prescribed by 40 CFR 503 and as permitted by the NCDENR Division of
Water Quality or the NCDENR Division of Waste Management. Durham County does not have any acreage for land
disposal. All residuals removal, transportation, treatment and disposal operations shall be performed in compliance with all
applicable statues and regulations which shall include, but not limited to, federal (EPA 40 CFR 503), state, county and local
regulations. Contractor shall be responsible for all required permits, and/or certification requirements required by federal
(EPA), state for and local government for themselves and all subcontractors being obtained by them.
I
1
SECTION 2
SUMMARY OF WORKI
PART 1 - GENERAL
1.01 DURHAM COUNTY/TRIANGLE WWTP OPERATION:I
I
1.02 GENERAL SCOPE OF WORK:
General: The Work consists of the following:
1.03 COORDINATION:
***END OF SECTION***
30
Dredging of residuals from the lagoon, transport of dredged residuals from the site to an approved residuals treatment
site and disposal as per local, state and federal regulations, and controlling noise and odor.
The OWNER of the Triangle WWTP is Durham County NC. The OWNER has contracted with the OPERATOR.
United Water, to operate and maintain the treatment plant through a contract operations agreement. Waste activated
sludge from the secondary clarifiers is pumped to a single waste sludge lagoon. Decant from the surface of the sludge
lagoon is recycled to the head works of the treatment process.
There is a plan attached showing location of dewatering operations. The owner will provide hookups for power and non-
potable water to the staging area for connection by the CONTRACTOR to their equipment.
General: The work of this Contract includes coordination of the entire project and control of site utilization, from the
beginning of activity through the project close-out and warranty periods. Coordination is required with the OWNER and
the OPERATOR.
MEASUREMENT AND PAYMENT
I PART 1 - GENERAL
1.01 DESCRIPTION:
Payment Procedures:
***END OF SECTION***
31
Information Required with Payment Request: The following documents/information are required with each monthly
payment request:
The CONTRACTOR shall submit their request for payment by the 5th of each month.
Upon approval, the OWNER will send out the payment by the end of each month. No payment will be made for
shipments without manifests or shipments made to non-approved sites.
Scope: This section describes the measurement and payment for the Work to be completed under each item in the
Bid. The description may not reference all of the associated work. Work specified but not specifically designated as
a Bid item is considered incidental to all Bid items.
■ Payment Request Form.
■ Summary Spreadsheet for truck loads, including Date, Truck Number, Wet Weight of load, %
Solids, Dry Weight of load, Daily Dry Weight, Monthly Dry Weight.
■ Manifests of all loads.
■ Certification that all loads included in Payment Request have met all federal, state, and local
regulations.
■ Sales Tax Form.
■ MWBE Form (Appendix E).
■ Updated Progress Schedule.
DEFINITIONS AND STANDARDS
PART I - GENERAL
1.01 INDUSTRY STANDARDS:
A.
1.
2.
B.Provide where needed for proper performance of the Work; obtain directly from
C.
***END OF SECTION***
32
Referenced standards (referenced directly in Contract Documents or by governing regulations) have precedence
over non-referenced standards which are recognized in industry for applicability to the Work.
Abbreviation and Names: Where acronyms or abbreviations are used in Specification or other Contract Documents
they are defined to mean the industry recognized name of trade association, standards generating organization,
governing authority or other entity applicable to context of text provision. Refer to “Encyclopedia of Associations”,
published by Gale Research Co., available in large libraries.
Copies of Standards:
publication sources.
General Applicability of Standards: Applicable standards of construction industry have same force and effect (and
are made a part of Contract Documents by reference) as if copied directly into Contract Documents, or as if
published copies were bound herewith.
Non-referenced standards recognized in the construction industry are hereby defined, except as otherwise
limited in Contract Documents, to have direct applicability to the Work, and will be so enforced for
performance of the Work.
1
I
SCHEDULES AND REPORTS
I
PART 1 - GENERAL:
I 1.01 COORDINATION:
1.02 PROGRESS SCHEDULE:
1.
Payment will not be authorized without
1.03 REPORTING:
(-
14.
33
CONTRACTOR shall provide weekly reports of progress to OWNER. Report will include a running tabulation
of residuals quantities processed and any issues or problems encountered.
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
13.
List of subCONTRACTORs at the site.
Count of personnel at the site, by job classification.
List of major equipment utilized on site, noting equipment parked or broken down.
High/low temperatures, general weather conditions.
Accidents (refer to accident reports).
Meetings and significant decisions.
Unusual events (refer to special reports).
Stoppages, delays, shortages, losses.
Emergency procedures, field orders.
Orders/requests by governing authorities.
Change Orders received, implemented.
Equipment or system tests and start-ups.
Quantity of residuals processed as measured by dry tons delivered to disposal facility, and dry
weight percent solids of residuals.
All disposal sites
3. SUBMITTALS: Submit copies of all local, state, and federal permits, licenses, certifications, inspection reports,
weigh slips, disposal certifications, releases, notices, receipts for fee payments, judgments, and similar
documents, correspondence and records established in conjunction with compliance standards and regulations
bearing upon performance of the Work. CONTRACTOR to provide OWNER with MSD sheets for any
chemicals used in the dewatering process. Permits, licenses, and certifications are required prior to the removal
of residuals from the COUNTY’S site. MSDS’s are required prior to the use of the chemical. Other submittals
are required with the monthly Payment Request associated with the specific residuals removed during the
previous payment period.
The CONTRACTOR shall prepare a daily report, recording the following information concerning events at the
site, and submit duplicate copies to OWNER at regular intervals not exceeding weekly intervals The format
shall be submitted prior to the Preconstruction Meeting for the OWNER’S approval.
Coordinate both the procedural timing and the listing (naming and sequencing) of reports/activities required by
provisions of this section and other sections. Update at monthly or shorter time intervals. Make appropriate
distribution of each report and updated report to entities involved in the Work including OWNER. In particular,
provide close coordination of progress schedule, schedule of values, listing of subcontracts, schedule of submittals,
progress reports, and payment requests. Notify OWNER in advance when changes to agreed upon procedures and
methods may be necessary. Do not proceed until changes have been approved.
2. Update Schedule: Provide updated schedule with each monthly payment request. Updates should highlight
any changes in critical path, any delays due to suppliers,
Sub-CONTRACTORs or the CONTRACTOR’S own activities.
submitting schedule updates to the OWNER.
1.04 SCHEDULE SUBMITTALS:
A.I
***END OF SECTION***
I
(
34
General: Within 10 days from Notice to Proceed prepare and submit four (4) copies of proposed schedule for
review and comment by the OWNER. Revise schedule monthly to reflect job conditions and progress. Revised
schedule will be submitted with monthly pay request to OWNER.
I
PROJECT MEETINGS(
PART 1 - GENERAL
1.01 DESCRIPTION OF REQUIREMENTS:
CONTRACTOR shall attend the following meetings:
Preconstruction meeting.A.
Project progress meetings.B.
Meetings will be held at the job site.
1.02 PERSONNEL:
A.
SUBMITTALS: Submit items for agenda at least 24 hours before scheduled meeting time.1.03
1.04 KICK-OFF MEETING:
A.
Minimum Agenda: The following will be discussed:B.
1.
Channels and procedures for communications.2.
Project schedule and submittal schedule including sequence of critical Work.3.I
Contract Documents, including distribution of required copies of original documents and revisions.4.
Processing of Shop Drawings and other data submitted to the OPERATOR for review.5.
Processing of field decisions and change orders.6.
Rules and regulations governing performance of the Work.7.
Rules: EPA, DENR, Manifests, Treatment, Disposal Sites and Permitting.8.
9.
1.05 PROJECT PROGRESS MEETINGS:
General: Meetings will be held monthly, on a schedule acceptable to CONTRACTOR and OWNER.A.
35
1I
I
Procedures for safety and first aid, security, quality control, housekeeping, site entrance and exit and other related
matters.
Organizational arrangement of CONTRACTOR’S forces and personnel, and those of subcontractors, suppliers, and the
OPERATOR.
General: Meeting will be scheduled within ten (10) days of issuance of Notice to Proceed, and prior to the removal of
residuals from the COUNTY’S project site. Provide attendance by CONTRACTOR’S personnel and all major
subCONTRACTORs. The owner will request attendance of all parties involved.
Authority: Persons designated by the CONTRACTOR to attend meetings shall have authority to commit the
CONTRACTOR and subCONTRACTORs to actions agreed upon in the meetings.
B. Attendance: Assign the same personnel to represent CONTRACTOR at meetings through the entire project duration.
Require attendance of subCONTRACTORs when necessary or when requested by the OWNER.
Minimum Agenda:B.
1.
Identify problems which impede planned progress.2.
Develop corrective measures and procedures to regain planned schedule.3.
Complete other current business.4.
***END OF SECTION***I
I
36
Review progress of the Work since last meeting, and revised schedule. Progress of the Work shall include an up to
date accounting of residuals processed and manifests.
PROCEDURES AND PERFORMANCES QUALITY CONTROL
ART I - GENERAL
1.01
1.Supervisory personnel
2.Utilities
3.Cleaning and protection.
4.Environmental Controls.
1.02
1.03 UTILITIES:
A.
B.
1.04
1.05 ENVIRONMENTAL CONTROLS:
A.
B.
***END OF SECTION***
37
CLEANING AND PROTECTION: Clean and protect site on a continuous basis. The OWNER may specify clean­
up intervals if necessary. Protect work to prevent damage or deterioration.
Protect work whether completed or in progress, from harmful, dangerous, damaging, or otherwise deleterious
exposures during construction period.
Damage to Utilities: Repair damage resulting from CONTRACTOR’S operations to the satisfaction of the OWNER.
Repairs are at the CONTRACTOR’S expense.
General: Maintain protection of utilities for the duration of the Work. Prior to starting work become familiar with
all utilities and pipelines which may be affected by performance of the Work and have them located in the field as
Work progresses, and costs associated with field locations of utilities shall be borne by the CONTRACTOR.
DESCRIPTION OF WORK: Minimum requirements for quality control, procedures, and performance Work of a
general nature include but are not necessarily limited to the following:
Wastewater Treatment Plant Operations: The dredging and dewatering operations must be operated without
creating interference, inhibition or pollutant passthrough at the wastewater treatment plant. The OWNER may direct
the CONTRACTOR to immediately suspend operation as necessary to maintain environmental compliance.
Water Pollution Control: Take all precautions necessary to prevent contaminating, polluting, or silting of water
courses or water storage areas. All residuals dewatering filtrate and runoff from temporary residuals storage will be
returned to lagoon.
SUPERVISORY PERSONNEL: Within ten (10) days of Notice to Proceed, submit a listing of principal staff
assignments, naming persons and listing their addresses and telephone numbers. Specifically indicate persons to
contact in the event of emergency or problems at the site who are available 24 hours a day, 7 days a week.
TEMPORARY FACILITIES AND ELECTRICAL POWER
\ART 1 - GENERAL
1.01 DESCRIPTION OF REQUIREMENTS:
Provide temporary facilities including:A.
QUALITY ASSURANCE:1.02
General: Comply with OSHA and local regulations, NFPA requirements, state, federal, and local regulations.A.
B.
PART 2 -PRODUCTS
2.01 CONTRACTOR’S OFFICE AND STORAGE FACILITIES:
GENERAL:A.
B.TELEPHONE: Provide a telephone for work related use by CONTRACTOR’S personnel.
2.02
2.03
2.04
2.05
PART 3 - EXECUTION
3.01 GENERAL REQUIREMENTS:
Provide facilities at the time first required for proper performance of the Work.A.
Remove temporary facilities at earliest reasonable time when no longer required for performance of the Work.B.
Location of all facilities to be approved by OPERATOR and OWNER.3.02 LOCATION OF FACILITIES:
***END OF SECTION***
38
Conditions of Use: Install, operate, maintain and protect temporary facilities in a manner and at locations which will
be safe, non-hazardous, sanitary and protective of persons and property.
Provide facilities adequate for CONTRACTOR’S administration of contract, shelter for personnel,
and storage of materials and equipment which must be protected from weather.
SANITARY FACILITIES: Provide self-contained toilet units in sufficient numbers for use of all persons involved
in the Work.
ROADS: Sweep daily and other wise maintain access road free of dust, residuals and other material resulting from
the CONTRACTOR operations.
FIRE PROTECTION AND SAFETY FACILITIES: Provide fire extinguishers, first aid facilities and other safety
facilities as required by local, state, and OSHA requirements.
CONTRACTOR’S office and storage facilities.
Sanitary facilities.
Fire protection.
Safety equipment.
Temporary enclosures.
1.
2.
3.
4.
5.
TEMPORARY ENCLOSURES: Provide temporary enclosure where indicated and where reasonably required to
ensure adequate workmanship and protection from weather and ambient conditions unsatisfactory for the Work,
including enclosure where temporary heat is used. Provide tarpaulins with UL label and flame spread of 15 or less
or translucent nylon reinforced polyethylene.
PROJECT CLOSEOUT
ART 1 - GENERAL(
1.01
PREREQUISITES TO SUBSTANTIAL COMPLETION:1.02
A.
1.
Include supporting documentation for completion as indicated in these Contract Documents.2.
3.
4.
5.
B.
PREREQUISITES TO FINAL ACCEPTANCE:1.03
A.
1.
Submit updated final statement, accounting for final changes to Contract Price.2.
3.
4.
i
Submit final liquidated damages settlement statement, acceptable to OWNER.5.
39
Submit specific warranties, workmanship/maintenance bonds, maintenance agreements, final certifications and
similar documents related to the final disposition of the removed material.
Submit final payment request with final releases and supporting documentation not previously submitted and
accepted.
Submit copy of Operator’s final punch-list of itemized work to be completed or corrected, stating that each item
has been completed or otherwise resolved for acceptance, endorsed and dated by OWNER.
Submit Record Drawings, Operations and Maintenance Manuals, final photographs and all other record
documents.
II
I
In progress payment request, coincident with or first following date claimed, show either 100% completion for
portion of the Work claimed as “substantially complete”, or list incomplete items, value of incompletion, and
reasons for being incomplete.
General: Prior to requesting Operator’s inspection for Certification of Substantial Completion (for either entire Work
or portions thereof), complete the following and list known exceptions in request:
Inspection Procedures: Upon receipt of CONTRACTOR’S request, OWNER will either proceed with inspection or
advise CONTRACTOR of prerequisites not fulfilled. Following initial inspection, OWNER will either prepare
certificate of substantial completion, or advise CONTRACTOR of Work which must be performed prior to issuance
of certificate, and repeat inspection when requested and assured that the Work has been substantially completed.
Results of completed inspection will form initial “punch-list” for final acceptance.
Discontinue (or change over) and remove from project site temporary facilities and services, along with
construction tools and facilities, and similar elements.
General: Prior to requesting OPERATORS final inspection for certification of final acceptance and final payment, as
required by general conditions, complete the following and list known exceptions (if any) in request:
Provide Partial Waivers of Lien from all subCONTRACTORs, vendors and suppliers. All money due to
subCONTRACTORs, vendors and suppliers shall be withheld from payment to the CONTRACTOR until
Waivers of Lien indicate no money owed.
DESCRIPTION OR REQUIREMENTS: Closeout is defined to include general requirements near end of
Contract Time, in preparation for final acceptance, final payment, normal termination of Contract, occupancy by
OWNER and similar actions evidencing completion of the Work. Time of closeout is directly related to
“Substantial Completion”, and therefore may be either a single time period for the entire Work or a series of time
periods for individual parts of the Work which have been certified as substantially complete at different dates. That
time variation (if any) shall be applicable to other provisions of this section.
6.Revise and submit evidence of final, continuing insurance coverage complying with insurance requirements.
7.
B.
PART 3 - EXECUTION
3.01 FINAL CLEANING:
A.
1.
B.
C.
***END OF SECTION***
i
40
I
I
General: Leave the site in the same condition as found at the start of the project. Repair any damage to lagoon
banks and dirt access road along lagoon banks. Remove all equipment and debris.
Removal of Protection: Except as otherwise requested by OWNER, remove temporary protection devices and
facilities which were installed during course of the Work.
Disposal of Wastes: Do not bum waste materials at site, or bury debris or excess materials on Owner’s property, or
discharge volatile or other harmful or dangerous materials into drainage systems. Remove waste materials from site
and dispose of in a lawful manner.
Provide Final Waiver of Lien from CONTRACTOR and all subCONTRACTORs, vendors and suppliers. All
money due to subCONTRACTORs, vendors and suppliers shall be withheld from payment to the
CONTRACTOR until Waivers of Lien indicate no money owed.
Clean project site, including landscape development areas, of litter and foreign substances. Sweep paved areas
to a broom-clean condition; remove stains, petro-chemical spills and other foreign deposits. Rake grounds
which are neither planted nor paved, to a smooth, even-textured surface.
Reinspection Procedure: Upon receipt of CONTRACTOR’S notice that the Work has been completed, including
punch-list items resulting from earlier inspections, and accepting incomplete items delayed because of acceptable
circumstances, OPERATOR will reinspect the Work. Upon completion of reinspection, OWNER will either prepare
certificate of final acceptance or advise CONTRACTOR of work not completed or obligations not fulfilled as
required for final acceptance. If necessary, procedure will be repeated.
DREDGING AND DEWATERING - LAGOON
PART 1 - GENERAL
1.01 DESCRIPTION OF WORK:
A.
B.
C.
D.
E.
F.
1.
2.
G.
PART 3 - EXECUTION
3.01 DESCRIPTION:
A.
B.
41
The CONTRACTOR shall be responsible for transporting the non-hazardous dredged residuals to ultimate Residuals
Disposal and coordinating the residuals delivery with the solid waste disposal site.
The CONTRACTOR shall use equipment as needed to comply with all requirements of the specifications. “Nurse”
tanks and/or residuals thickening tanks must be used in conjunction with the residuals handling equipment so that:
(1) dredging operations can continue in the event that the dewatering equipment is temporarily out of service; or (2)
dewatering removal can continue if dredging is temporarily interrupted.
To alleviate potential noise and odor concerns, the dredging operation must be performed with a residuals removal
method that meets the following criteria:
Submittals for equipment to be used shall be provided with the Bid to demonstrate how the residuals will be
removed, pumped to the dewatering area, thickened and dewatered, and transported to treatment and disposal.
Job Site: Durham County/Triangle Wastewater Treatment Plant,
5926 HWY 55, Durham, North Carolina 27713.
Dredge and pump residuals from wastewater treatment Lagoon to the dewatering area at site location as indicated on
Drawings and as specified. All filtrate, washwater and runoff must be discharged to the lagoon.
Dewater residuals and transport to disposal facility, or transport dredged residuals to approved off-site treatment
facility and to approved disposal facility.
Residuals shall be pumped directly to the dewatering area as it is removed from the Lagoon. Residuals removal
methods that use residuals storage barges or open bed trucks for storage shall not be permitted. Dewatered
residuals may not be stored on-site beyond working hours without OWNER’S approval.
A continuous temporary piping system shall be constructed to transport dredged residuals directly from the
Lagoon. The CONTRACTOR will be responsible for constructing, maintaining, and removing this piping
system.
The CONTRACTOR will be required to perform dredging and dewatering operations as continuously as necessary
to meet the schedule specified in the Bid Form. (Complete work 120 days (Substantial Completion) and 150 days
(Final Completion) after Notice to Proceed is issued). The CONTRACTOR must address how this will be
performed, with appropriate work shifts and emergency plans to ensure a safe operation that complies with
applicable labor laws.
CONTRACTOR must make reasonable efforts to reduce noise and odor generation during the dredging and
dewatering operation (all complaints from nearby residents must be brought to the Owner’s attention immediately
and addressed in a timely manner). The CONTRACTOR shall comply with all federal, state, and local noise
regulations. The CONTRACTOR shall address noise abatement plans with the Bid. If it is deemed necessary by the
OWNER, the CONTRACTOR shall control odor generation by adding potassium permanganate or other odor
control chemical to the dredged residuals prior to exposure to the atmosphere. Odor control chemicals will be
measured and paid for at the bid price presented on the bid form.
c.
(
D.
E.
F.
G.
H.
3.02 DESCRIPTION OF LAGOON
A.Approximate Lagoon Dimensions:
1.Lagoon has a side slope of between 1:1 and 3:1
2.Water depth is approximately 7 ft.
3.Water depth range (down to residuals/water interface) is less than 1 foot
Length (water surface) = 560 feet4.
5.Width (water surface) = 430 feet
6.Total volume (entire lagoon) = 13 million gallons
3.03 ACCEPTANCE OF WORK:
A.
B.
***END of section***
42
r
|
Final effluent shall be pumped by OWNER to the dewatering area and used for wash water and polymer makeup
water. It will be the CONTRACTOR’S option to obtain samples of the final effluent for chemical use estimating
purposes, prior to submitting a Bid.
CONTRACT OR shall be responsible for supplying CONTRACTOR’S personnel with all appropriate personal
protective equipment (PPE) to protect employees from environmental exposure while working on Project.
Site Restoration: CONTRACTOR to reconstruct all areas of the site that may be damaged during the work effort.
This work shall include slope rebuilding at the edge of the lagoons as required, access road grading, damage to liner,
and replacement of any damaged lagoon structure.
Project Completion: Work will be considered complete after all Specification requirements have been fulfilled
within the schedule submitted with the Bid.
The dewatering dredged residuals handling and transportation equipment furnished by the CONTRACTOR shall
include all necessary pumps, hoses, meters, mixers, compressors, conveyors, lighting, heating, controls, etc.,
necessary to accomplish the projected residuals removals in the time agreed to.
The CONTRACTOR shall tare weigh all trucks to measure the wet tons residuals removed from the site. Report by
weigh tickets and manifests. The OWNER shall sample the transported material and determine the percent dry
solids, from which the dry tons transported can be estimated.
The CONTRACTOR shall employ the appropriate means necessary to minimize the odor generation during the
residuals dredging and dewatering processes. If chemical means are necessary to control odor, it shall be the
responsibility of the CONTRACTOR to provide these materials at the bid price submitted.
The CONTRACTOR shall be responsible for site verifying any elevation information necessary to perform pump
sizing calculations. The OWNER shall not be responsible for any damage that may occur to the CONTRACTOR’S
equipment during Work associated with this Contract.
I
Attachment M - Site Diagram
(M-l
\
FLOODPLAIN
Staging Area
For
Sludge Removal
TWWTP
HEAD WORKS
AREA
43
r
\
\
/
/
/
M-2
co
STONE APRON
EXISTING SLUDGE LAGOON
I
I
I I
1
.FIG. 2,
44
[K.-■MULn'.lAMl
/
\
I
I i&LE
/JO'
TRAILER MOUNTED SLUDGE
DEWATERING PRESS (TO BE
PROVIDED BT CONTRACTOR)
SLUDGE COLLECTION BINS
(TO BE PROVIDED BY
CONTRACTOR)
STAGING AREA FOR
RFP. NO. 07-013
EAST LAGOON
DEWATERING SITE PLAN
•II
HU
COUHTT or PURHAM
DWHAM, NORTH CAROLINA
SLUDG€ OEr/ATCTINC
SITE PREPARATION
I
I
WOODARD & CURRAN
tS8Sk Engineering • Science ■ Operalions
PCWTIAMX
TYPICAL BITUMINOUS
PAVEMENT SECTION
NTS
I’-?'/K-U
Ii.'hcck^o ar- mto
|a»xown<'-P*e.<-<
I
(
SOURCE:
TRIANGLE WASTEWATER TREATMENT PLANT, PHASE I
BY McKIM & CREED, 5625 DILLARD ROAD. SUITE 117
SLOPE TO CONTAIN RUNOFF FROM PAVED
AREA THEN MATCH INTO EXISTING GRADE
I ,* 4-*1 |
/' I
,______L
CARY, NORTH CAROLINA 27511
- AND - .
TRIANGLE WASTEWATER TREATMENT PLANT, PHASE II
BY McKIM & CREED
Ihlw-'p pr, M?>/rA7
|0PAW ff; KT.1
1’ =
/- COMPACTED
7 SUBBASE
3" BINDER COURSE ;-----
(2 LIFTS)
15" GRAVEL BASE-------
(2 LIFTS)
MAINTAIN SLOPE
TOWARD LAGOON
FIGURE 2
——
■''11 1
I" 1III I ll>
ib
I vvurt it i u r«L>VI
UTILITY POLE AND
1 POWER
v-
I
24
/-/COUNTY TO PROVIDE I
WATER CONNECTION /
T TO YARD HYDRANT '
/
/
I
■/
f /
//
/
z//
24^44:
//
//
7 (
II 30
/
I
I
I
id e o
UJ
z o o C3 <