2026-008-00 21 19 Information for Bidders.Post(PDF).pdf

00 21 19 – INFORMATION FOR BIDDERS

ADW-25009 00 21 19 - 1

INFORMATION FOR BIDDERS

1. BID LOGISTICS. Bids will be received by the Purchasing Director for Rowan County or authorized representative at the Rowan County Administration Office, 130 W. Innes Street, Salisbury, NC 28144, until 10:00 a.m., April 21st, 2026. and then publicly opened and read aloud at the Rowan County Administration Building – J. Newton Cohen Sr. Room, 2nd Floor - Board of Commissioners Meeting Room.

A pre-bid meeting will be held at the RCC Event Center - Dogwood Room, 1965 Jake Alexander Blvd. West. Salisbury, NC 28147 on Monday, March 30, 2026, at 10:00 a.m.

Each Bid must be submitted in a sealed envelope. Submit one complete bid packet with the Bidder’s name, license number, and project name clearly written on the outside. This packet must contain two separately sealed envelopes, each clearly labeled with its contents. One envelope should include the Bid Form and all required enclosures. The second sealed envelope should contain Bid Bond. Both sealed envelopes must then be placed inside the main bid packet envelope and submitted together as one bid “packet.” The outermost package should clearly be labeled “Rowan Community Center – Main Concourse”. Absolutely no bids will be accepted after 10:00 a.m.

2. SITE INSPECTION. The contractor shall examine the premises to determine the extent of work involved and the conditions under which he must operate in performing his work. The submission of a Bid will be construed as evidence that such an examination has been made, and no subsequent allowance will be made in this connection on behalf of the contractor for any error or negligence on his part.

3. SINGLE PRIME CONTRACTS. The Owner will accept bids under the single-prime contract system only

4. SINGLE-PRIME CONTRACTS. The successful bidder shall be the prime Contractor and shall be solely responsible for all contractual performance. The bidder shall not assign, transfer, convey, sublet, or otherwise dispose of its agreements with the County, or its rights, title or interests herein, or its power to execute such agreement, to any other person, company or corporation without the previous written consent and approval of the County.

All single-prime bidders must identify on their bid the subcontractors they have selected for the subdivisions or branches of work for:

(1) Heating, ventilating, and air conditioning;

(2) Plumbing;

(3) Electrical;

No contractor whose bid is accepted shall substitute any person as a subcontractor in place of the subcontractor listed in the original bid, except with the Owner's approval for good cause, as shown by the contractor.

The terms, conditions, and requirements of each contract between the Bidder and the subcontractor set out above, performing work under a subdivision or branch of work listed above, shall be substantially the same as the terms, conditions, and requirements of the contract between the Bidder and the Owner.

5. COLLUSIVE BIDDING. The bidder’s signature on the Bid Response Form is a guarantee the prices quoted have been arrived at without collusion with other eligible bidder(s) and without effort to preclude the County from obtaining the lowest possible competitive price.

6. BID FORM. All Bids must be made on the required Bid form all spaces for Bid prices must be filled in, in ink or typewritten, and the Bid form must be fully completed and executed when

ADW-25009 00 21 19 - 2

submitted. Only one copy of the Bid form is required.

7. BID ACCEPTANCE/REJECTION/WITHDRAWN. The County will award based on the lowest responsible, responsive bidder, taking into consideration quality, performance, and the time specified in the bids for the performant of the contract. The Owner may waive informalities, irregularities, or minor defects in a Bid received and accept the Bid which, in the Owner’s judgment, is in the Owner’s own best interestsThe Owner shall have the right to accept all, some, or none of the Alternates in any order or combination, and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted.

The Contract Documents contain the provisions required for the construction of the Project.

Information obtained from an officer, agent, or employee of the Owner or any other person shall not affect the risk or obligations assumed by the Contractor or relieve the Contractor from fulfilling any of the conditions of the contract.

After the opening of bids, no bid may be withdrawn for a period of ninety (90) days unless otherwise specified.

8. AVAILABILITY OF FUNDS. A contract for this project will be awarded and deemed binding only to the extent of appropriated funds for the purpose set forth in this ITB.

9. LIQUIDATED DAMAGES. The Contractor is required to complete the project within 334 calendar days from notice to proceed. It shall be the responsibility of the Contractor to pursue the orderly progression of all work until the project is completed. Should the Contractor fail to assure the completion of the total project satisfactorily within the time period specified in the contract, the Contractor shall be charged with liquidated damages at a rate of Fifteen Hundred Dollars ($1,500) per calendar day until the total project is successfully completed. Completion of the project shall be defined as substantial completion (as described in AIA document A201-2017).

If, through the acts or omissions of the Contractor, the sub-contractor should suffer loss or damage on the work, the Contractor agrees to settle with such other sub-contractor by agreement if such sub-contractor will so settle.

It will be the responsibility of the Contractor to produce, within twenty (20) working days after receipt of notice to proceed with work, a Proposed Work Progress Schedule to include (among other things) specifications as to the time frame for work to be done. The Contractor shall submit said schedule to the Architect.

10. BID QUALIFICATION. The Owner may make such investigations as deemed necessary to determine the ability of the Bidder to perform the work, and the Bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the Agreement and to complete the work contemplated therein.

11. CONTRACT ADDITIONS (Extra Work). As the work progresses the contractor may be required to perform extra work as required by the Owner and/or the Architect. The mark-up for this extra work shall be cost plus a maximum of 15% for subcontractors and 5% for General Contractors. If the work is provided by the General Contractor a maximum of 15% mark-up shall be allowed. This mark-up shall include all overhead, profit/fee, supervision, etc.

12. CONTRACT REDUCTION. The Contractor should note that the Owner retains the exclusive right to reduce any or all contracts referred to within the contract documents for budgetary or other reasons. Should the Owner choose to reduce any or all said contracts, said Contractor provide a credit of 5% in addition to the cost of the work to account for the reduction in overhead, profit/fee, supervision, etc.

13. CONTRACTORS LICENSE. All firms for the general portion of the contract must possess an

ADW-25009 00 21 19 - 3

up-to-date North Carolina Contractors License to do work in North Carolina plus any other applicable licenses. All firms bidding on trade contracts or subcontracting portions of the general or a trade contract must possess all required applicable licenses for work in North Carolina.

14. ADA REQUIREMENTS. The Contractor during the period of this contract will be required to comply with all provisions of the Americans with Disabilities Act.

15. SALES AND USE TAX. Upon submission of each partial payment or request for payment, the Contractor must furnish for themselves, as well as for all subcontractors, a minimum of (4) original, notarized pay requests. Also, include a minimum of (4) original, notarized tax statements stating the cost of the property purchased from each vendor and the amount of sales and/or use taxes paid thereon and a minimum of (3) copies of all associated invoices. In the event the Contractor makes several purchases from the same vendor, such certified statements must indicate the invoice numbers, the inclusive taxes paid thereon. Such statements must also include the cost of any tangible personal property withdrawn from the Contractor’s warehouse stock and the amount of sales or use tax paid thereon by the Contractor. Similar certified statements by his sub-contractors must be obtained by the Contractor and furnished to the Owner. The amounts of the prices of the items state sales tax, and County or City sales tax, and use tax shall be totaled at the bottom of each page, and a grand total at the bottom of the page. Sales tax on secured items shall be reported monthly. Use the State and County Sales/Use Tax Statement & Certification included in section 01 29 13.

16. WEATHER DELAY. Contractor’s sole remedy for delays caused by abnormally adverse weather shall be an extension of time. In order to demonstrate delay as the result of abnormally adverse weather, the Contractor shall demonstrate that the critical path activities have been delayed. In order to be considered a day of delay, the Contractor shall demonstrate that work was prevented on critical path activities for more than fifty percent (50%) of the day of adverse weather. The Contractor is also required to provide evidence that more than .1 inches of rain occurred on the site for each of the days the Contractor is claiming. Weather days occurring on holidays, Saturdays, or Sundays will not be considered significant delays to the Contract completing date and shall be included in the Bid (see the listing of days and months to be included). The request for a weather delay must be made within 21 days after the month’s end;

any request made after this date will be rejected.

NUMBER OF WEATHER DAYS TO BE INCLUDED AT EACH MONTH WITHOUT

CLAIM FOR DELAY.

January (7) February (6) March (7) April (6) May (7) June (9) July (10) August (9) September (5) October (5) November (5) December (5)

17. BUILDERS RISK INSURANCE. Shall be provided by the Contractor.

The Bidder shall not commence work under this contract until all insurance required under this section has been obtained. The Bidder shall not allow any subcontractor to commence on work that has been subcontracted until similar insurance has been obtained by the subcontractor. Also, the Bidder agrees that once awarded and during the term of this contract, the Bidder, at their sole cost and expense, shall provide commercial insurance of such type and with such terms and limits as may be reasonably associated with the contract. At a minimum, the Bidder shall provide and

ADW-25009 00 21 19 - 4

maintain the following coverage and limits:

WORKER’S COMPENSATION

Worker’s compensation insurance as required by North Carolina law to cover all of the Provider’s employees engaged in any work under the Agreement. Workers’ Compensation in the minimum amount of $500,000 employer’s liability. A Certificate of Insurance shall be issued confirming the above coverage. The Certificate must include a clause obligating the Insurer to give thirty (30) days prior notice in the event of cancellation of or major change in the insurance.

COMPREHENSIVE GENERAL LIABILITY

The Contractor shall maintain Comprehensive General Liability coverage in amounts not less than $1,000,000 per occurrence / $2,000,000 aggregate. This Certificate must also include a clause obligating the insurer to give thirty (30) days prior notice in the event of cancellation of or major change in the insurance and name the County as an additional insured.

This coverage must include:

1. Blanket contractual coverage for the liability assumed by the Contractor under the indemnity provision of the contract involved. Such Certificate must specifically state that the contractor is insured, and it must be signed by the insurance company, not the agent or broker.

2. Contractor's protective coverage for his subcontractors.

COMPREHENSIVE AUTOMOBILE LIABILITY

The Contractor shall maintain Comprehensive Automobile Liability covering all owned, hired, and non-owned vehicles used in connection with this Agreement. The minimum combined single limit shall be $1,000,000 for bodily injury and property damage; and $1,000,000 uninsured/underinsured motorist coverage. A Certificate of Insurance shall be issued confirming this coverage. The Certificate must include a clause obligating the insurer to give thirty (30) days prior notice in the event of cancellation of or major change in the insurance.

Any exceptions must be agreed upon by the County.

18. NON-DISCRIMINATION IN EMPLOYMENT. During the performance of this Contract, the Contractor agrees as follows:

The Contractor will not discriminate against any employee or applicant for employment because of race, color or religion, sex, handicap or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated equal during employment without regard to race, color, sex, religion, handicap or national origin. Such action will include, but not be limited to, the following: employment, upgrading, demotion, or transfer, recruitment, or recruitment advertising, layoff or termination; rates of pay or other forms of compensation: and selection of training, including apprenticeship.

19. CONFLICT OF INTEREST. All respondents must disclose in writing with their bid the name of any owner, officer, director, or agent who is also an employee of the County. All respondents must also disclose in writing with their bid the name of any employee of the County who owns, directly or indirectly, an interest of five percent (5%) or more in the respondent’s firm or any of its branches or subsidiaries. By submitting a bid, the respondent certifies that there is no relationship between the respondent and any person or entity that is, or gives the appearance of, a conflict of interest related to this ITB or project.

20. DAMAGES. The Contractor shall indemnify the Owner and Architect for any claim or legal action against the Owner and Architect by any Subcontractor or supplier as a result of injury or damages caused by that Contractor to others. The Contractor responsible for the injury must defend, indemnify and save the Owner and Architect harmless, including paying judgments against the Owner and Architect, all costs and expenses, legal or otherwise, incurred by the Owner and Architect in defending the suit.

21. GENERAL INDEMNITY. The bidder shall save and hold harmless, protect, defend and indemnify the County (including the County Manager, the Board of Commissioners, as well as

ADW-25009 00 21 19 - 5

Rowan County officers, agents and employees) from and against any demand, claim, suit, loss, expense or damage which may be asserted against any of them in their official or individual capacities by reason of any alleged damage to property, or injury to, or death of, any person arising out of, or in any way related to, any action or inaction of the Bidder (including its officers, agents and employees) in the performance or intended performance of this contract, or the maintenance of any facility, or the operation of any program, which is the subject of, or is related to, the performance of this contract. The obligations of the Bidder pursuant to this paragraph shall not be limited in any way by any limitation in the amount or type of proceeds, damages, compensation or benefits payable under any policy of insurance or self-insurance maintained by, or for the use and benefit of, the Bidder. As an integral part of this contract, the Bidder agrees to purchase and maintain, during the life of this contract, contractual liability insurance in the amount required in the general liability insurance requirements and to furnish proper evidence thereof with the County named as an additional insured.

22. TERMINATION FOR CAUSE. The County reserves the right to terminate this contract at any time for cause. The violation of any provision or condition contained in this contract, or the refusal, failure, or inability to carry out any provisions of this contract shall constitute sufficient cause to terminate this contract for cause. Should the County elect to terminate this contract for cause, the County will notify the Contractor in writing and shall specify the cause for termination and the date that such termination shall be effective. Immediate dismissals may be executed if deemed necessary by the County.

If the Contractor:

1. Fails to begin the work under the contract within the time specified.

2. Fails to perform the work with sufficient workers and equipment, or with sufficient materials to ensure the prompt completion of the work.

3. Performs the work unsuitably.

4. Discontinues the prosecution of the work.

5. Becomes insolvent, declares bankruptcy, commits any act of bankruptcy, allows any final judgment to stand against him unsatisfied for a period of forty-eight (48) hours, or shall make an assignment for the benefit of creditors.

6. Shall not carry on the work in an acceptable manner from any other cause whatsoever.

The County shall give notice in writing to the Contractor of such delay, neglect, or default, specifying the same.

If the Contractor, within a period of ten (10) days after such notice, shall not proceed in accordance therewith, then the County shall, upon written certification of the fact of such delay, neglect or default, and the Contractor’s failure to comply with such notice, have full power and authority, without violating the contract, to take the prosecution of the work out of the hands of the Contractor, to appropriate or use any or all materials and equipment on the grounds as may be suitable and acceptable, and may enter into an agreement for the completion of the contract according to the terms and provisions thereof, or use such other methods as, in its opinion, shall be required for the completion of this contract in an acceptable manner.

All costs and charges incurred by the County, together with the costs of completing the work under the contract, shall be deducted from any monies due or which may become due to the Contractor. In case the expense so incurred by the County shall be less than the sum which would have been payable under the contract, if the contract had been completed by the Contractor, then the Contractor shall be entitled to receive the difference, and in case such expense shall exceed the sum which would have been payable under the contract, then the Contractor shall be liable and shall pay to the County the amount of said excess.

23. TERMINATION FOR CONVENIENCE. If the County shall determine that it is in the County’s best interest, the County shall notify the Contractor to terminate the work within seven

(7) days. In such event, the Contractor shall be entitled to compensation for all work properly executed and any expenses incurred in terminating the contract and vacating the County work site.

ADW-25009 00 21 19 - 6

No claim shall be made by the Contractor for any loss of anticipated profits because of any alteration, change or termination, or by reason of any variation between the approximate quantities and the quantity of work as done.

END OF SECTION 00 21 19