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HomeMy WebLinkAboutAgenda - 01-21-2025 ; 8-m Written Proposal Attachment (requested by Commissioner Carter to be added to agenda records) FORM OF BID BOND KNOW ALL MEN BY THESE PRESENTS THAT Harrod and Assoc.Constructors,Inc. as principal, and Travelers Casualty and Surety Company of America , as surety, who is duly licensed to act as surety in North Carolina, are held and firmly bound unto the State of North Carolina* through Orange County as obligee, in the penal sum of Five Percent of Amount Bid(5%) DOLLARS, lawful money of the United States of America, for the payment of which, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. Signed, sealed and dated this 22nd day of october2024 WHEREAS, the said principal is herewith submitting proposal for orange County Architectural Renovations and the principal desires to file this bid bond in lieu of making the cash deposit as required by G.S. 143-129. NOW, THEREFORE, THE CONDITION OF THE ABOVE OBLIGATION is such, that if the principal shall be awarded the contract for which the bid is submitted and shall execute the contract and give bond for the faithful performance thereof within ten days after the award of same to the principal, then this obligation shall be null and void; but if the principal fails to so execute such contract and give performance bond as required by G.S. 143-129, the surety shall, upon demand, forthwith pay to the obligee the amount set forth in the first paragraph hereof. Provided further, that the bid may be withdrawn as provided by G.S. 143-129.1 Harrod and Assoc.Constructors,Inc. AL) By- (SEAL) 12.Ed d L�1 Vi pros (SEAL) Travelers Casualty and Surety Company of America (SEAL) B : 4- (SEAL) Jennif r C. Hoehn,Attorney-In-Fact *(Community college projects: Delete State of North Carolina as owner and replace with community college name.) Travelers Casualty and Surety Company of America Travelers Casualty and Surety Company TRAVELERS St. Paul Fire and Marine Insurance Company POWER OF ATTORNEY KNOW ALL MEN BY THESE PRESENTS: That Travelers Casualty and Surety Company of America, Travelers Casualty and Surety Company, and St. Paul Fire and Marine Insurance Company are corporations duly organized under the laws of the State of Connecticut (herein collectively called the"Companies"),and that the Companies do hereby make,constitute and appoint Jennifer C Hoehn of CHARLOTTE , North Carolina , their true and lawful Attorney(s)-in-Fact to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF,the Companies have caused this instrument to be signed,and their corporate seals to be hereto affixed,this 21st day of April, 2021. cofti r HAgTFr3rip, • Q � 'o CalRC* State of Connecticut By: City of Hartford ss. Robert L.Rane enior Vice President On this the 21st day of April, 2021, before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of each of the Companies, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of said Companies by himself as a duly authorized officer. IN WITNESS WHEREOF,I hereunto set my hand and official seal. ` } �i! Gt✓ i HOTLY k: My Commission expires the 30th day of June,2026 + +� pUe`10 Anna P.Nowik,(Votary Public This Power of Attorney is granted under and by the authority of the following resolutions adopted by the Boards of Directors of each of the Companies,which resolutions are now in full force and effect,reading as follows: RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President, any Vice President,any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf of the Company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her;and it is FURTHER RESOLVED, that the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary;and it is FURTHER RESOLVED, that any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond, recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary; or (b) duly executed (under seal, if required) by one or more Attomeys-in-Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority;and it is FURTHER RESOLVED, that the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President,any Secretary,any Assistant Secretary,and the seal of the Company may be affixed by facsimile to any Power of Attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attorneys-in- Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such Power of Attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding on the Company in the future with respect to any bond or understanding to which it is attached. I, Kevin E. Hughes, the undersigned, Assistant Secretary of each of the Companies, do hereby certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by said Companies,which remains in full force and effect. Dated this 22nd day of October 2024 �tr ake ' Cf✓ 8 SIXy 1� Kevin E.Hughes,Assistant Secretary To verify the authenticity of this Power ofAttorney,please call as at 1-800-421-3880. Please refer to the above named Attorneys)-in-Fact and the details of the bond to which this PowerofAttorney is attached. Orange County Bid Checklist Items to be returned with Bid 1 vl Contractor Signed Bid Forms Living Wage Contractor Policy E-Verify Affidavit Orange County Nondiscrimination Certification Supplemental Vendor Information: Historically Underutilized Businesses 12--MB Participation Forms i Bid Bond Zafety Questionnaire 5/15/2023 Orange County Architectural Renovations Smith Sinnett /2023036 Hillsborough,NC Orange County Asset Management Services SECTION 00 42 00-PROPOSAL FORM PROJECT: Orange County Architectural Renovations OWNER: Orange County 306 Revere Rd. Hillsborough,North Carolina 27278 ARCHITECT: Smith Sinnett Architecture 4600 Lake Boone Trail,Suite 205 Raleigh,North Carolina 27607 The undersigned,as bidder,hereby declares that the only person or persons interested in this proposal as principal or principals is or are named herein and that no other person than herein mentioned has any interest in this proposal or in the contract to be entered into;that this proposal is made without connection with any other person,company or parties making a bid or proposal;and that it is in all respects fair and in good faith without collusion or fraud. The bidder further declares that he has examined the site of the work and the contract documents relative thereto and has read all special provisions furnished prior to the opening of bids;that he has satisfied himself relative to the work to be performed. The Bidder proposes and agrees if this proposal is accepted to contract with Orange County in the form of contract specified below,to furnish all necessary materials, equipment, machinery, tools, apparatus,means of transportation and labor necessary to complete the construction of Orange County Architectural Renovations in full in complete accordance with the plans,specifications and contract documents,to the full and entire satisfaction of the Orange County,and Smith Sinnett Architecture with a definite understanding that no money will be allowed for extra work except as set forth in the General Conditions and the contract documents. The low Bidder will be determined by the total cost of the Contract with the lump sum prices of the alternates accepted being added to or deducted from the Base Bid to give the total cost of the Contract. Bidders are required to give a price for Base Bid,all Alternates,and all Unit Prices as applicable to their Contract.All Bidders are required to be licensed and in good standing with their respective North Carolina Licensing Board. PROPOSAL FORMS Proposal- 1 Orange County Architectural Renovations Smith Sinnett /2023036 Hillsborough,NC Orange County Asset Management Services SINGLE PRIME CONTRACT: Cedar Grove Community Center—Flooring Replacement BASE BID: J I J AmountofY�`n *Jrlf �]� —A&-CIO/Id Dollars ($ S/coo 1 f ALTERNATE 1—Owner Preferred Manufa)eurer: Tarkett Sports Indoor: k� I 4 / s 8 Amount: _ F'�� � ����Q� � Vq �' Dollars [$ !goo } Whined Building Improvements BASE BID:Amount: N•Air' PV V11 4415- -*a V ' / "30050 r Dollars ALTERNATE 1: Amount:��� �f � ���f1 D ]ars ALTERNATE 2: Amount: � �'` ' Irt S 1"�" 06 Dollars {$ I r } ALTERNATE 3: Amoun�') ALTERNATE 4: Amount+TT WG I YtD+sa^� ova- �L)111f) Dollars ALTERNATTE 5:: `` AmounO l tt)Md �' X �`� � Dollars ALTERNATE 6: Amount 1 M PO�/ -Av's a") F f Q 4 A/A/I Dollars ($ 1 -Coo } A LTERNATE 7: :t- Jug �o�sa �Md�o/ S Ce 6e Amounf� Dollars {$ _3 L_ ALTERNATE 8: 1 f Amoutpe �4 At. V (/�Sa4-� �Q'��/ �Un Do lars ($ q, DD ) ALTERNATE 9: Am.uloN /"/Yj Wd 1: ) f PROPOSAL FORMS Proposal-2 Orange County Architectural Renovations Smith Sinnett /2023036 Hillsborough,NC Orange County Asset Management Services !1 ALTERNATE 10: 4 �1� �rra'sa� tV1 Q PaA' Dollars [$ s ALTERNATE 11: Amou� en )VeQ���� �1• `�- �waDollars ($ ` �J y ALTERNATE 12:Owner Preferred Manufacturer Otis Elevator Co. [�(� Amount J ''�" O� d Dollars ($ —1 r /3 00 ALTERNATE 13:Owner Preferred Manufacturer—First Fire Protection Inc. Amount: _Z,G 9 Dollars [$ ) Gateway Center Elevator Modernization BASE BID: ] �y� Amount Q &I-4t r I�`'� Q� Dollars ($ P ti/�''0 ALTERNATE 1:Owner Preferred Manufacturer—`)Otis Elevator Co. u Amoun . W Q Oil$a►d �' �` 4 Dollars {$ ` lb6 6 } ALTERNATE 2: Owner Preferred Manufacturer—Siemens Industry Inc. Amount: Dollars ($ Grange County Courthouse Elevator Modernization BASE BID: Dollars ($Amou�W /rkwCmG o 6 G ) ALTERNATE 1: Owner Preferred Manufactulraer.—Otis Elevator Co. ,�/fp�� AmounUt y� �il� l' �1"'� i�i�'3♦ A IhqQ Dollars ($ )3 ALTERNATE 2: Owner Preferred Manufacturer—Pinnacle Fire Systems Inc. Amount: `� Dollars ($ ) Piedmont Food Processing Center BASE BID: Amoun `� k1�hf.v,x-,._ �� s ($ �1 5 ) PROPOSAL FORMS Proposal-3 Orange County Architectural Renovations Smith Sinnett /2023036 Hillsborough,NC Orange County Asset Management Services Orange County Animal Services BASE BTD�: l JJ Q Amoun O � 'i l Dollars ALTERNATEE 11: Amaun,Y 441D VS., !4 Dollars $ ALTERNATE 2: Amount: ® '^'�Sa� �` � f1 4 'ICl'-I*/Dollars ($ ALTERNATE 3: r Amount. ALTERNATE f' Ora j 000A LJ21Z /1 / Amount. J Dollars ALTERNATE 5: Amountd&. 400 S v.J Se dO t/p 1�V O�d 4 Dollars ($ � � } ALTERNATE r Owner Preferred Man acturer—Dux-a-flex,Inc. Amount: ` O7so�.►� �t� V�a ors ($ ;Q/ `GG MAJOR SUBCONTRACTORS if any(Name,City&State) General Subcontractor: Roofing Subcon ractor: Harrod and Assoc. Constructors,Inc. Lie 32791 AqA- Lic Mechanical Subcontractor: Electricals c nt�ctor: Lsc !Ir Lic GS 143-128(d)requires all single prime bidders to identify their subcontractors for the above subdivisions of work. A contractor whose bid is accepted shall not substitute any person as subcontractor in the place of the subcontractor listed in the original bid,except(i)if the listed subcontractor's bid is later determined by the contractor to be non-responsible or non-responsive or the listed subcontractor refuses to enter into a contract for the complete performance of the bid work,or(ii)with the approval of the awarding authority for good cause shown by the contractor. PROPOSAL FORMS Proposal-4 Orange County Architectural Renovations Smith Sinnett /2023036 Hillsborough,NC Orange County Asset Management Services ALLOWANCES- (Refer to Division 01 Section 01 21 00—Allowances for amounts to be included in bid shall be based on the Unit Prices provided as part of Section 0122 00)Acknowledge Allowances have been included with in the Base Bid. ,A UPIA-1 UP/A-2 vll� UP/A-2A UP/A-2B JZ UP/A-2C 1,00e A-3 A-4 A-4A s A-5 A-5A�� A-60000' A-6A 10 A-7 ke A-8 UNIT PRICES- (Refer to Division 01 Section 0122 00-Unit Prices for Quantities) Unit prices quoted and accepted shall apply throughout the life of the contract,except as otherwise specifically noted. Unit prices shall be applied,as appropriate,to compute the total value of changes in the base bid quantity of the work and in the given Allowances all in accordance with the contract documents. Unit Price No. UP/A-1; Moisture Remediation Primer. —750 sf Unit Price($) ��e> Unit Price No. UP/A-2; Flashing repair/repainting above cornice - 1001f Unit Price($} Unit Price No. UP/A-2A; Repair wall terminations at windows- 1001f Unit Price($) Unit Price No. UP/A-2B; Repair ceiling edge at windows- 3001f Unit Price($) Gam Unit Price No. UP/A-2C; Repair window nailer blocking- 3001f Unit Price($) 0 . The bidder further proposes and agrees hereby to commence work under this contract on a date to be specified in a written order of the designer and shall fully complete all work thereunder within the time specified in the Supplementary General Conditions Article 9. Applicable liquidated damages amount is also stated in the Supplementary General Conditions Article 9. ADDENDUM (Addendum received and used in computing bid) Addendum No. 1 10/7/24 Addendum No.3 10/17/24 Addendum No.2 10/8/24 PROPOSAL FORMS Proposal-5 Orange County Architectural Renovations Smith Sinnett /2023036 Hillsborough,NC Orange County Asset Management Services ErppQsal Signature Page- The undersigned further agrees that in the case of failure on his part to execute the said contract and the bonds within ten(10)consecutive calendar days after being given written notice of the award of contract,the certified check,cash or bid bond accompanying this bid shall be paid into the funds of the owner's account set aside for the project,as liquidated damages for such failure;otherwise the certified check,cash or bid bond accompanying this proposal shall be returned to the undersigned. No proposal may be withdrawn after the scheduled closing time for the receipt of Bids for a period of ninety(90)days. Respectfully submitted this day of /24 Harrod and Assoc_Constructors Inc. (Name of firm or corporation making bid) WITNESS: By: Signature (Proprietorship or Partnership) Name: R.Edward Lone Print or type Title: Vice President (Owner/Partner/Pres.N.Pre s) Address:_ 6612 Fleetwood Dr.,Suite 100 AT Raleigh,NC 27612 By. License No. 32791 Title: Nan Bryson,Asst. Sec. Federal I.D.No. 56-1863776 (Corp.Sec.or Asst.Sec.only) (CORPORATE SEAL) PROPOSAL FORMS Proposal-6 Orange County Architectural Renovations Smith Sinnett /2023036 Hillsborough,NC Orange County Asset Management Services MINORITY RINUNESS PARTICIPATION REW11REMENTS Provide with the bid-Under GS 143-128.2(c)the undersigned bidder shall identify on its bid(Identification of Minority Business Participation Form)the minority businesses that it will use on the project with the total dollar value of the bids that will be performed by the minority businesses. Also list the good faith efforts(Affidavit A) made to solicit minority participation in the bid effort. NOTE:A contractor that performs all of the work with its own workforce may submit an Affidavit(B)to that effect in lieu of Affidavit(A)required above. The MB Participation Form must still be submitted even if there is zero participation. After the bid opening-The Owner will consider all bids and alternates and determine the lowest responsible, responsive bidder. Upon notification of being the apparent low bidder,the bidder shall then file within 72 hours of the notification of being the apparent lowest bidder,the following: An Affidavit(C)that includes a description of the portion of work to be executed by minority businesses,expressed as a percentage of the total contract price,which is equal to or more than the 10%goal established. This affidavit shall give rise to the presumption that the bidder has made the required good faith effort and Affidavit D is not necessary; *OR* If less than the 10%goal, Affidavit(D)of its good faith effort to meet the goal shall be provided. The document must include evidence of all good faith efforts that were implemented,including any advertisements,solicitations and other specific actions demonstrating recruitment and selection of minority businesses for participation in the contract. Note:Bidders must always submit with their bid the Identification of Minority Business Participation Form listing all MB contractors,vendors and suppliers that will be used. If there is no MB participation,then enter none or zero on the form. Affidavit A or Affidavit B,as applicable,also must be submitted with the bid. Failure to file a required affidavit or documentation with the bid or after being notified apparent low bidder is grounds for rejection of the bid. END OF SECTION 00 42 00 PROPOSAL FORMS Proposal-7 Supplemental Vendor Information: HISTORICALLY UNDERUTILIZED BUSINESSES Historically Underutilized Businesses (HUBs) consist of minority, women and disabled business firms that are at least fifty-one percent owned and operated by an individual(s)of the categories.Also included in this category are disabled business enterprises and non-profit work centers for the blind and severely disabled. Pursuant to G.S. 14313-1361(a), 143-48 and 143-128.4,the County invites and encourages participation in this procurement process by businesses owned by minorities, women, disabled, disabled business enterprises and non-profit work centers for the blind and severely disabled. This includes utilizing subcontractors to perform the required functions in this RFP/RFQ. Any questions concerning NC HUB certification, contact the North Carolina Office of Historically Underutilized Businesses at (919) 807- 2330. The Vendor shall respond to question#1 and#2 below. 1) Is Vendor a Historically Underutilized Business? ❑ Yes ® No 2) Is Vendor Certified with North Carolina as a Historically Underutilized Business? ❑ Yes W No If so, state HUB classification: Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Identification of HUB Certified/ Minority Business Participation Harrod and Assoc. Constructors,Inc. (Name of Bidder) do hereby certify that on this project, we will use the following HUB Certified/ minority business as construction subcontractors, vendors, suppliers or providers of professional services. Firm Name, Address and Phone# Work Type *Minority **HUB Category Certified YIN IMP MY 0 -� ct: OR(s q I a.)1&.4qq- ,A+ *Minority categories: Black,African American (B), Hispanic(H),Asian American (A)American Indian (1), Female(F)Socially and Economically Disadvantaged (D) ** HUB Certification with the state HUB Office required to be counted toward state participation goals. The total value of minority business contracting will be MBForms 2002-Revised July 2010 Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid State of North Carolina AFFIDAVIT A- Listing of Good Faith Efforts County of Wake (Name of Bidder) Affidavit of Harrod and Assoc. Constructors,Inc. I have made a good faith effort to comply under the following areas checked: Bidders must earn at least 50 points from the good faith efforts listed for their bid to be considered responsive. (1 NC Administrative Code 30 1.0101) ® 1 -(10 pts)Contacted minority businesses that reasonably could have been 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 --(10 pts) 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-(15 pts) Broken down or combined elements of work into economically feasible units to facilitate minority participation. ❑ 4-(10 pts)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 businesses. ® 5-(10 pts)Attended prebid meetings scheduled by the public owner. ❑ 6-(20 pts) Provided assistance in getting required bonding or insurance or provided alternatives to bonding or insurance for subcontractors. ® 7-(15 pts) 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. ❑ 8-(25 pts) 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. ❑ 9-(20 pts) 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. ❑ 10-(20 pts) Provided quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands. The undersigned, if apparent low bidder, will enter into a formal agreement with the firms listed in the Identification of Minority Business Participation schedule conditional upon scope of contract to be executed with the Owner. Substitution of contractors must be in accordance with GS143-128.2(d) 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. Date: 10/22/24 Name of Authorized Officer: R__RdWer-P,O13VY 10 Signature: Title: Vice President State of NC , County of W ale Nanette arQU `�°n Subscribed and wont to t. r e this 22nd day of October 20 24 Gva :�L Stln!� Caraiino Notary Public my commissil RICSS1301202 My commission expires_ 9/30/25 MBForms 2002-Revised July 2010 STATE OF NORTH CAROLINA AFFIDAVIT ORANGE COUNTY ************************** I, R. Edward Lon (the individual attesting below), being duly authorized by and on behalf of Harrod and Assoc. Constructors. Inc. (the entity bidding on project hereinafter"Employer")after first being duly sworn hereby swears or affirms as follows: 1. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies,or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS§64-25(5). 2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States,shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a). 3. Employer is a person, business entity,or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No) a. YES , or b. NO x 4. Employer's subcontractors comply with E-Verify,and if Employer is the winning bidder on this project Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer. This 22ndday of octQbQr 2024. C7 64;�,tA Signature of Affiant Print or Type Name: R. Edw d Lon State of North Carolina, County D Signed and sworn to (or affirmed) before me,this the �?nd X. n day of October , 2024. Q. yx x Z � My Commission Expires: rD ' ' ; 9/30/25 L Notary Public ti �, Section I: General Government and Administration Policy 10.0: Living Wage Contractor Policy Reviewed by: County Attorney/County Manager Approved by: County Manager Original Effective Date: April 21,2016 Revisions: August 1,2016 Policy Statement It is the policy of Orange County to ensure its employees, and all individuals who provide services for Orange County, are paid a living wage. Purpose To encourage all vendors and contractors to pay a living wage to all employees who perform work pursuant to a contract with Orange County. Applicability Applies to all Orange County contracts and purchases. Policy 10.1 Living Wage 10.1.1 Orange County is committed to providing its employees with a living wage and encourages all contractors and vendors doing business with Orange County to pursue the same goal. Orange County's living wage is as reflected in the adopted Orange County Budget and as that budget document is amended from time to time. To the extent possible, Orange County recommends that contractors and vendors seeking to do business with Orange County provide a living wage to their employees. 10.1.2 Prior to final execution of a contract with Orange County all contractors and vendors seeking to do business with Orange County shall submit to the County's representative a statement indicating whether those employees who will perform work on the Orange County contract are paid at least the living wage amount set out above. If such employees do not make at least the living wage amount set out above the contractor or vendor shall indicate in the statement the actual amount paid to such employees. Forbid projects this statement should be submitted as part of the bid packet. This policy may be reviewed annually and updated as needed by the Manager's Office Acknowledged Receipt by: Company Name: Harrod and Assoc. Constructora. in Q _ Date: 10/22/24 ORANGE COUNTY NONDISCRIMINATION CERTIFICATION The undersigned bidder or proposer hereby certifies and agrees that the following information is correct: 1. In preparing its enclosed bid or proposal, the undersigned bidder or proposer has considered all bids and proposals submitted from qualified, potential subcontractors and suppliers, and has not engaged in discrimination as defined in Section 12-52 of the Orange County Non-discrimination Ordinance. 2. Without limiting any other remedies that Orange County may have for a false certification, it is understood and agreed that, if this certification is false, such false certification will constitute grounds for Orange County to reject the bid or proposal submitted with this certification, and terminate any contract awarded based on such bid or proposal. It shall also subject the bidder or proposer to disqualification from participating in county contracts or bid processes for up to two years. 3. As a condition of contracting with Orange County, the undersigned bidder or proposer agrees to promptly provide to Orange County all information and documentation that may be requested by Orange County from time to time regarding the solicitation and selection of suppliers and subcontractors in connection with this solicitation process. Failure to maintain or failure to provide such information constitutes grounds for Orange County to reject the bid or proposal and to terminate, without penalty to Orange County, any contract awarded on such bid or proposal. All such information and documentation shall be maintained for a period of three years after the expiration of the contract. 4. As part of its bid or proposal, the undersigned bidder or proposer shall provide to Orange County a list of all instances within the past ten years where a complaint was filed or pending against bidder or proposer in a legal or administrative proceeding alleging that bidder or proposer discriminated against its subcontractors, vendors, suppliers, or commercial customers, and a description of the status or resolution of that complaint, including any remedial action taken. 5. As a condition of submitting a bid or proposal to Orange County the undersigned bidder or proposer agrees to comply with the Orange County Non-discrimination Ordinance. Falsification of this certification shall constitute a violation of the Orange County Non-Discrimination Ordinance and shall be grounds for rejection of the bid or proposal or termination of an existing contract, without fault or further obligation to Orange County. 6. As a condition of submitting a bid or proposal to Orange County the undersigned bidder or proposer agrees that Orange County may consider the information submitted as part of this certification in its determination of the responsibility of the undersigned bidder or proposer. The undersigned bidder or proposer, as the case may be, waives the right to challenge the rejection of a bid or proposal when such rejection is based, in its entirety, on information submitted as part of this certification. The bidder or proposer certifies the undersigned has full authority to sign on its behalf. By: �'-`L'Qc R. Edward Long, Vice P/sident Printed Name and Title On behalf of Harrod and Assoc. Constructors; Inc. Company or Corporate name Contractor's Safety Record Information The Contractor's safety record shall be reviewed and evaluated in addition to other quality and performance criteria as part of bid evaluation process. Failure to provide the requested information and documentation may result in rejection of your bid as non-responsive. Accordingly, all bidders must submit the following information regarding their safety record. The following definitions shall apply to this section: "DART incident rate"—Acronym for"Days Away, Restrictions and Transfers". The DART incident rate may be used to show the relative level of injuries and illnesses within a firm compared to the industry. It is based only on those injuries and illnesses severe enough to warrant"Days Away,Restrictions and Transfers". The DART incident rate is calculated using OSHA's Form 300 and the following formula: ((Number of entries in column H(days away from work)+column I(job transfer or restriction)x 200,000)/(Number of hours worked by all employees)=DART Incident rate. "EMR"—Acronym for"Experience Modification Rate," is an indicator of a contractor's past safety performance,widely used by the insurance industry as an equitable means of determining premiums for workers' compensation insurance. The rating system considers the average workers' compensation losses for a given firm's type of work and amount of payroll and predicts the dollar amount of expected losses to be paid by that employer in a designated rating period,usually three years. The rating is based on comparison of firms doing similar types of work, and the employer is rated against the average expected performance in each work classification. Losses incurred by the employer for the rating period are then compared to the expected losses to develop an experience rating. "OSHA"—Acronym for the Federal Occupational Health and Safety Administration. The term"OSHA" as used in this Policy also refers to any state or local agency having jurisdictional authorization to enforce worker safety requirements and assess fines or warnings for violation of worker safety standards. 1. OSHA DART Incident Rate. Provide the bidder's DART Incident Rate calculated from OSHA's Form 300 for the last three years and the other required information shown in the example table below. The bidder must attach all supporting documentation and calculations including certified OSHA forms. YEAR CONTRACTOR INDUSTRY INDUSTRY FIELD AND CODE DART DART INCIDENT RATE INCIDENT RATE 2023 0 2022 0 1.2 2021 4•21 1.1 2020 0 1.3 2. Experience Modification_Rate(EMM. Provide the bidder's most recent Experience Modification Rate (EMR)based on insurance claims history. The bidder must provide the source of the EAIR information and contact information of insurer entity providing the EAM. YEAR CONTRACTOR INDUSTRY FIELD AND NAME AND CONTACT EMR CODE INFO FOR EMR INFORMATION Steve Stacy 2024 .81 2360 Steve.Stacy@marshmma.com 3. Answer the following OSHA Specific Questions: (a) Within the last 2 years,has the bidder received any citations classified by OSHA as being(1) serious, (2)willful and/or(3) repeat violations where your company operates? Yes X No If yes, attach a copy of each such citation and violation. (b) Has the bidder experienced any work-related fatalities within the last five years? Yes No X (c) Has the bidder had any citations issued by OSHA as a result of work related fatalities within the past 5 years? Yes No X (d) Is the bidder under investigation for any work-related fatalities? Yes No X (e) If your answer is "yes"to 3(b), (c) or(d),provide a copy of the citation(s), list of number(s) of fatalities and documented explanation of the fatality. 4. Safety Plan: (a) Does the company have a written safety program that includes responsibility for all aspects of safety management? Yes X No (b) Does the company have a written plan for safety training of new employees and ongoing training of existing employees? Yes X No (c) Does the company have documented evidence of safety training that they have conducted? Yes X No (d) If the company has employees with limited English ability, does the company have a written plan for ensuring that their employees understand the training they are being given? Yes No n/a to date (e)Do all supervisors have an appropriate documented level of OSHA training (e.g., a minimum of 30 hour OSHA construction safety training)? Yes X No (f)Do employees have documented basic OSHA 10 hour construction safety training? Yes X No (g)Does the company have a documented Hazard Communication Program? Yes X No 5. Required Written Explanation of Safety Record. If the bidder has any of the following: (a)DART incident rate rg eater than its industry average, (b) an EMR greater than 1.0, (c) answered"yes"to any of the OSHA Specific Question above, or(d) answered"no"to any of the Safety Plan questions,the bidder shall provide the County, in its bid, a detailed written explanation of its safety record and the reasons why such safety history is NOT representative of its future performance and what specific actions it has taken to improve its overall safety record. Failure to provide a written explanation of its safety record pursuant to this paragraph may be deemed as non-responsive by the County. P.O. BOX 90713 HARROD & ASSOC. RALEIGH, NC 27675-0713 0 phone (919) 828-7782 CONSTRUCTORS fax (919) 828-8817 10/22/24 Orange County Asset Management 306 Revere Road A102 Hillsborough,NC 27278 Re: Orange County Architectural Renovations To Whom It May Concern, This responds to the required written explanation of our safety record requested for the bid listed above. Our company received a serious citation and notification of penalty on November 10, 2022 from an inspection that occurred on June 20, 2022. The inspector found inadequate protection on the sides of a monumental staircase in the lobby of the building. The issue was immediately abated during the inspection by blocking all access to the staircase until the rails were installed. Harrod has been in business for 30 years and currently employs 24 people, each of whose health and safety is of primary value. We've had no previous OSHA complaints or inspections before this occurrence and our most recent EMR is .80. We've been members of the National Safety Council since March 2020 and our Safety Manager, Bethany Long, continuously coordinates with the supervisors and a 3`d party safety consultant as well as scheduling training for all employees. We've used this experience to highlight the fall protection program in our corporate safety manual. An additional statement specifically on stairways was added to that section and Bethany implemented training specifically on Subpart X: Stairways and Ladders for all employees. We no longer work with the subcontractor primarily responsible for the unsafe working behavior and we continue to emphasize the importance of a safe working environment for everyone on the project. Respectfully, C _e R. Edward Long, Vice I :dent HARROD AND ASSOC. CONSTRUCTORS, INC. •6612 FLEETWOOD DRIVE •SUITE 100•RALEIGH, NC 27612 GC LICENSE#32791