4262-02-26 - Lee County Government Center Generator_Replacement - Project Manual.pdf

Construction Documents

Project Manual

Lee County

Government Center Optional Stand-By Generator Replacement

Bid Number 4262-02-26

Dewberry Project # 50189595

September 19, 2025

ELECTRONIC BID SUBMISSIONS

WILL NOT BE CONSIDERED

SUBMITTED TO:

Lee County Government Ryan Faulk General Services Director 805 South Fifth Street Sanford, NC 27330 919.718.4622

SUBMITTED B Y :

Dewberry Engineers Inc.

2610 Wycliff Road Suite 410 Raleigh, NC 27601 NC License No.: F-0929 919.881.9939

Docusign Envelope ID: A781AA8B-867C-4EA5-A458-87D732FEFAF3

Dewberry Engineers Inc. Table of Contents Lee County Government Center Optional Stand-By Generator Replacement 00 01 02 - 1

DEI# 50189595

TABLE OF CONTENTS

Division 00 – Procurement and Contracting Requirements

00 01 07 Seals Page 00 11 13 Advertisement for Bids 00 21 13 Instructions to Bidders 00 41 13 Bid Form 00 43 13 Bid Bond Form 00 45 39 Minority/Historically Underutilized Business Guidelines 00 52 13 Sample Form of Agreement 00 61 13 Performance and Payment Bond Forms 00 62 43 Sexual Offender Registry Check Certification Form 00 62 76.13 State/County Sales/Use Tax Forms 00 63 55 Change Proposal Form 00 65 36 Contractor’s Warranty 00 65 37 Asbestos Free Warranty 00 72 13 General Conditions of the Contract for Construction Exhibit A Dispute Resolution

Division 01 – General Requirements

01 10 00 Summary of Work 01 21 00 Allowances 01 25 00 Substitution Procedures 01 26 00 Contract Modification Procedures 01 29 00 Payment Procedures 01 31 00 Project Management and Coordination 01 33 00 Submittal Procedures 01 40 00 Quality Procedures 01 50 00 Temporary Facilities and Controls 01 60 00 Product Requirements 01 73 00 Execution 01 74 00 Warranties 01 74 19 Construction Waste Management and Disposal 01 77 00 Closeout Procedures 01 78 23 Operation and Maintenance Data 01 78 39 Project Record Documents 01 79 00 Demonstration and Training

Division 03 – Concrete

03 30 00 Cast-In-Place Concrete

Division 22 – Plumbing 22 01 00 Plumbing General Work Requirements 22 05 29 Plumbing Hangers and Support 22 23 16 Fuel Gas Piping

Dewberry Engineers Inc. Table of Contents Lee County Government Center Optional Stand-By Generator Replacement 00 01 02 - 2

Division 26 – Electrical Work 26 01 00 Basic Electrical Requirements 26 05 00 Basic Electrical Materials and Methods 26 05 19 Conductors and Cables 26 05 26 Grounding and Bonding 26 05 29 Hangers and Supports 26 05 33 Raceway and Boxes 26 05 53 Identification for Electrical Systems 26 05 71 Power System Study 26 28 16 Enclosed Circuit Breakers 26 32 13 Packaged Engine Generators 26 33 23 Centralized Emergency Lighting Inverters

Dewberry Engineers Inc. Seals Page

Lee County Government Center Optional Stand-By Generator Replacement 00 01 07 - 1

SECTION 00 01 07 – SEALS PAGE

1.1 DESIGN PROFESSIONALS OF RECORD

ELECTRICAL

ENGINEER

PLUMBING

ENGINEER

William A. Kemp

North Carolina Professional Engineer License # 041410

Christopher Cain Cook

North Carolina Professional Engineer License # 039771

END OF SECTION 00 01 07

9/19/2025

9/19/2025

Dewberry Engineers Inc. Advertisement for Bids Lee County Government Center Optional Stand-By Generator Replacement 00 11 13 - 1

SECTION 00 11 13

ADVERTISEMENT FOR BIDS

PROJECT INFORMATION

Project Name: Lee County Government Center Optional Stand-By Generator Replacement Bid Number: 4262-02-26 Project Address: 106 Hillcrest Drive, Sanford, NC 27330 Owner: Lee County Government of North Carolina

BIDS

Sealed bids for the project will be received from bidders by the Owner at 115 Chatham Street, Suite 301, Sanford, NC 27330 until 2:00 PM on October 21, 2025, at which time they will be opened and read.

Please note that, as stated in Section 00 21 13 Instruction to Bidders, two complete bid packages must be submitted – if only one bid package is submitted the bid will be rejected. Both bid packages may be in one sealed envelope. Indicate bid number 4262-02-26 on the outside of the envelope(s).

PROJECT DOCUMENTS

Electronic project documents may be obtained from the Engineer, Dewberry Engineers, 2610 Wycliff Road, Suite 410, Raleigh, NC 27607, at no cost.

Please contact Bill Hamilton with Dewberry Engineers at whamilton@dewberry.com or 984.833.4832

BIDDING REQUIREMENTS

All bidders are hereby notified that they shall be properly licensed under the state laws governing their trades.

Refer to Section 00 21 13 "Instructions to Bidders" for bid security and bonding requirements.

Submit questions to Dewberry Engineers in writing to the email address listed above no later than seven (7) days prior to the opening of bids.

PRE-BID MEETING

A Pre-Bid Meeting is scheduled for 10:00 AM on Tuesday , September 30, 2024, at 106 Hillcrest Drive, Sanford, NC 27330.

Attendance, either virtual or in-person, is mandatory. Attend virtually using the following Microsoft Teams Meeting Information:

Website: https://www.microsoft.com/en-us/microsoft-teams/join-a-meeting Microsoft Teams Meeting ID: 252 903 579 510 1 Passcode: kk9bR3ij

END OF SECTION

Dewberry Engineers Inc. Instructions to Bidders Lee County Government Center Optional Stand-By Generator Replacement 00 01 02 - 1

SECTION 00 21 13

INSTRUCTIONS TO BIDDERS

DEFINITIONS

A. The Bidding Documents consist of the Advertisement or Invitation to Bid, Instructions to Bidders, Bid Form, and other sample bidding and contract forms.

B. The proposed Contract Documents consist of the Form of Agreement between the Owner and Contractor, Conditions of the Contract (General, Supplementary, and other Conditions), Drawings, Specifications and Addenda issued prior to execution of the Contract.

C. Definitions set forth in Section 00 72 13 "General Conditions of the Contract" for Construction or in other Contract Documents are applicable to the Bidding Documents.

D. Addenda are written or graphic instruments issued by the Engineer prior to the execution of the Contract which modify or interpret the Bidding Documents by additions, deletions, clarifications, or corrections.

E. A Bid is a complete and properly executed proposal to do the Work for the sums stipulated therein, submitted in accordance with the Bidding Documents.

F. The Base Bid is the sum stated in the Bid for which the Bidder offers to perform the Work described in the Bidding Documents as the base, to which Work may be added or from which Work may be deleted for sums stated in Alternate Bids.

G. A Bidder is a person or entity who submits a Bid and who meets the requirements set forth in the Bidding Documents.

H. A Sub-bidder is a person or entity who submits a bid to a Bidder for materials, equipment or labor for a portion of the Work.

BIDS

A. Submit Section 00 41 13 "Bid Form" along with required enclosures in a sealed envelope, with the Bidder's name, license number, and project name written on the outside; place this sealed envelope in another envelope and deliver to the Owner at the address specified in Section 00 11 13 "Advertisement for Bids". Please note that two complete bid packages must be submitted - if only one bid package is submitted the bid will be rejected. Both bid packages may be in one sealed envelope.

B. Bids will be received until the date and time specified in Section 00 11 13 "Advertisement for Bids", at which time they will be publicly opened and read.

C. Please note that, two complete bid packages must be submitted – if only one bid package is submitted the bid will be rejected. Both bid packages may be in one sealed envelope."

D. Fill in and sign the bid form correctly. Bids that show any omission, alterations of form, additions not called for, conditional Bids, or any irregularities of any kind may be rejected. If erasures are necessary and appear on the forms, each such erasure must be initialed by the person signing the proposal. Bid Bond shall be signed by the Bidder and notarized.

Lee County Government Center Optional Stand-By Generator Replacement 00 01 02 - 2

E. Bids that are non-responsive or fail to follow the Instructions to Bidders may be rejected.

F. No bid may be withdrawn after receipt of Bids for a period of sixty (60) days.

ACCEPTANCE OF BID (AWARD)

A. It is the Owner's intention to award a contract for work under this project to the lowest responsive, responsible Bidder; however, in the interest of suitability to the Owner's need and/or economy, equipment, materials and furnishings other than the lowest in price may be selected.

B. The Owner reserves the right to reject any or all Bids, to accept any bid submitted, to waive any formalities, and to negotiate with the low Bidder or Bidders any changes considered necessary or desirable. The Owner reserves the right to reject any Bid when such rejection is in the interest of the Owner to reject the bid of the bidder who has previously failed to perform or to complete on time Contracts of a similar nature; and to reject the bid of a bidder who is not, in the opinion of the Engineer, in a position to perform the Contract.

C. The Owner shall have the right to accept Alternates in any order or combination, unless otherwise specifically provided in the Bidding Documents, and to determine the low Bidder on the basis of the sum of the Base Bid and Alternates accepted. Alternates may be accepted at any time during the bid holding period.

PRE-BID MEETING

A. Refer to Section 00 11 13 "Advertisement for Bids" for the date, time, and location of the mandatory Pre-Bid Meeting.

B. A Pre-Bid Meeting will be held for purposes of considering questions posed by Bidders. All interpretations and corrections to Contract Documents deriving from this meeting will be documented via Addendum.

DISQUALIFICATION

A. The Owner reserves the right to disqualify Bids, before or after opening, upon evidence of collusion with intent to defraud or commit other illegal practices upon the part of the Bidder.

CONTRACTOR'S LICENSE

A. All Bidders must have proper licenses for contractors as required by State Law. The Bidder's license number shall be listed on the bid form and on the outside of the inner sealed envelope in which the bid is submitted.

CONFLICT OF INTEREST

A. Bidders must disclose in writing with their bid the name of any owner, officer, director, or agent who is also an employee of the Owner.

Lee County Government Center Optional Stand-By Generator Replacement 00 01 02 - 3

B. Bidders must disclose in writing with their bid the name of any employee of the Owner who owns, directly or indirectly, an interest of five percent (5%) or more in the Bidder’s firm or any of its branches or subsidiaries.

C. By submitting a bid, the Bidder certifies that there is no relationship between the Bidder and any person or entity which is, or gives the appearance of, a conflict of interest related to this project.

NON-DISCRIMINATION

A. The Bidder shall not discriminate against any individuals and will take proactive measures to assure compliance with all Federal and State requirements concerning fair employment, employment of people with disabilities, and concerning the treatment of all employees without regard to discrimination based upon age, race, color, religion, sex, national origin, or disability.

INTERPRETATION OF DRAWINGS AND SPECIFICATIONS

A. Examine Drawings and Specifications and all Addenda or other revisions thereto and thoroughly familiarize himself with the detailed requirements thereof prior to submitting a proposal.

B. Should a Bidder find discrepancies or ambiguities in, or omissions from the Specifications and Drawings bound herein, or should be in doubt as to their meaning, notify the Engineer in writing immediately. Engineer will issue an interpretation in the form of an addendum. This addendum will be forwarded to all Bidders of record.

C. Addenda will be issued no later than seven days prior to the date for receipt of Bids except an Addendum withdrawing the request for Bids or one which includes postponement of the date for receipt of Bids.

D. Act promptly and allow sufficient time for a reply to be provided before the date established for submission of Bids.

E. Acknowledge receipt of all addenda on the Bid Form.

F. No oral interpretations will be made to any Bidder as to the meaning or intent of the Contract Documents or be effective to modify any of the provisions of the Contract Documents.

SUBSTITUTIONS

A. References are made to certain specific products solely to denote the quality standard of the desired product and are not intended to restrict Bidders to a specific brand, make, manufacturer, or name. These products have been noted to assist in establishing material types and acceptable products. Equivalent products will be considered acceptable provided that the approval of the specific product has been given in writing by the Engineer.

B. Written requests for substitution of equivalent products from prime bidders will be considered if received by the Engineer ten (10) calendar days prior to the bid opening.

C. Identify the product or the fabrication or installation method to be replaced in each request.

Lee County Government Center Optional Stand-By Generator Replacement 00 01 02 - 4

Include related specification sections and drawing number.

D. Provide complete documentation on both the product specified and the proposed substitution including the following information as appropriate:

1. Comparison of specified and proposed substitute product data, fabrication drawings, and installation procedures.

2. Samples where applicable or requested.

3. Detailed comparison of significant qualities of the proposed substitution with those of the work specified.

4. Coordination information, including a list of changes or modifications needed to other parts of the Work and to construction performed by the Owner and separate Contractors that will become necessary to accommodate the proposed substitution.

E. Certification by the Bidder or manufacturer that the substitution proposed is equal-to or better in every respect to that required by the Contract Documents, and that it will perform equal or superior to product specified in the application indicated. The Bidder waives any right to additional payment or time, which may subsequently become necessary because of the failure of the substitution to perform adequately.

F. Engineer's Action: The Engineer may request additional information or documentation necessary for evaluation of the request. The Engineer will notify the Bidders of acceptance of the proposed substitution by means of an addendum to the bid documents. If the proposed substitute is accepted through an addendum use the product specified by name. Engineer's Substitution Approval during bidding and subsequent addendums does not void the Bidder's responsibility to submit the required shop drawings and comply with the other contract documents and requirements.

SITE INVESTIGATION

A. Examine and thoroughly familiarize itself with existing conditions including applicable laws, ordinances, rules and regulations that will affect the work prior to submitting a proposal. Visit the site, examine the grounds and existing buildings, utilities and roads and ascertain by any reasonable means conditions that will in any manner affect its work. Ask the Engineer for any additional information that he deems necessary for it to be fully informed as to exactly what is to be expected prior to submitting a proposal. The drawings have been prepared on the basis of surveys and inspections of the site and physical conditions at the site. This, however, does not relieve the Bidder of the necessity for fully informing itself as to the existing physical conditions. Each shall carefully examine the existing conditions as compared to the Contract Documents.

B. Secure on-site measurements for quantities upon which proposal is based and has observe existing conditions and limitations.

C. Upon arrival at the Project Site, immediately proceed to the main entrance/office and advise the administrative personnel of its presence and purpose. Sign the visitor's log, giving his name, his company and the time and date of the visit.

D. Inspection of the work areas shall occur between the hours of 8:00 AM and 11:30 AM or 12:30 PM and 4:00 PM. No inspections will be conducted on Saturdays, Sundays, or holidays.

Lee County Government Center Optional Stand-By Generator Replacement 00 01 02 - 5

BID SECURITY

A. In lieu thereof, each bid may be accompanied by a deposit of cash or a certified check drawn on a bank or trust company insured by the Federal Deposit Insurance Corporation in an amount equal to not less than five percent (5%) of the gross amount of the bid.

B. If the successful Bidder fails to execute the contract within 10 days after award, the above deposit will be retained by the Owner on the bid bond executed on liquidated damages.

PERFORMANCE BOND AND LABOR AND MATERIALS PAYMENT BOND

A. A Performance Bond and Payment Bond in the amount of the contract is required. Include the cost of providing Performance Bond and Payment Bond in the Base Bid.

B. Deliver the required bonds to the Owner not later than three days following the date of execution of the Contract. If the Work is to be commenced prior thereto in response to a letter of intent, prior to commencement of the Work, submit evidence satisfactory to the Owner that such bonds will be furnished and delivered in accordance with this Section.

C. Unless otherwise provided, write bonds on the forms referenced in Section 00 61 13 "Performance and Payment Bond Forms". Write both bonds in the amount of the Contract Sum.

D. Date bonds on the date of the Contract.

E. Issued by sureties and executed by an attorney-in-fact, on behalf of the surety, who are authorized to do business in the State of North Carolina.

F. Affix thereto a certified and current copy of the power of attorney.

PRIME CONTRACT

A. Perform all work under the single prime contract.

PERMITS, FEES AND TAXES

A. Secure and pay the costs of licenses, permits and fees for inspections required by City, County and/or State authorities; Social Security and other applicable Local, State and Federal Government taxes, and sales taxes. Include such costs in its bid.

SUBCONTRACTORS

A. Names of subcontractors must be listed on Section 00 41 13 "Bid Form". The Bidder shall identify work by the general, subcontractor or not applicable for each trade; utilize parenthesis (_) blanks to list trades not provided in the table. Do not list suppliers. All blanks must be filled in. Failure to do so may result in bid being declared non-responsive. If there is more than one subcontractor per trade identified below, list all. If no subcontractors are to be utilized, indicate by signing at the appropriate place at the bottom of the table.

Lee County Government Center Optional Stand-By Generator Replacement 00 01 02 - 6

B. A Bidder whose bid is accepted shall not substitute any person as subcontractor in the place of the subcontractor listed in the original bid, except

1. if the listed subcontractor's bid is later determined by the successful Bidder to be nonresponsible or nonresponsive or the listed subcontractor refuses to enter into a contract for the complete performance of the bid work, or

2. with the approval of the awarding authority, the Owner, for good cause shown by the successful Bidder.

C. The terms, conditions, and requirements of each contract between the successful Bidder and a subcontractor performing work under a subdivision or branch of work listed in this subsection shall incorporate by reference the terms, conditions, and requirements of the contract between the contractor and the Owner.

FORM OF AGREEMENT

A. The form of agreement to be entered into shall be the sample contained in Section 00 52 13 "Sample Form of Agreement" between Owner and Contractor, as revised.

B. The final Form of Agreement will be negotiated between the Owner and the low Bidder.

C. The form of agreement to be entered into is an Owner's Purchase Order.

CONTRACTOR QUALIFICATIONS

A. Bids will be accepted from Bidders who are regularly engaged in, and licensed to perform, the work they are bidding, which represents a significant portion of their total volume and who perform this work with workers regularly employed on their direct payrolls. Before a bid is considered for award, the Bidder may be requested by the Engineer to submit a statement of facts in detail as to its previous experience in performing similar or comparable work and of its business and technical organization and financial resources available to be used in contemplated work. The Bidder may also be required to submit a statement of facts in detail on his proposed subcontractors as to their previous experience and past performance in performing similar work or comparable work.

B. Bidders shall be required to submit with their bid the following:

1. Evidence that submitting firm can provide a 120 minutes response time from their closest office to the Project site. Response time is subject to Owner verification.

Dewberry Engineers Inc. Bid Form Lee County Government Center Optional Stand-By Generator Replacement 00 41 13 - 1

SECTION 00 41 13

BID FORM

To: Lee County Government of North Carolina 115 Chatham Street, Suite 301, Sanford, NC 27330

Project: Lee County Government Center Optional Stand-By Generator Replacement

106 Hillcrest Drive, Sanford, NC 27330

Date:

Bidder:

Address:

Phone: Email:

North Carolina License No.:

Classification:

Limitation:

SCOPE OF WORK

Provide all necessary labor, material (including sales tax), equipment, supervision, etc. to replace the existing backup generator at the Lee County Government Center, including a new 230kw optional stand-by generator with natural gas connection, and new lighting inverters.

We are in receipt of Addendum __________1__________2__________3__________4_________5

The undersigned, as bidder, proposes and agrees if this bid is accepted to contract with Lee County Government through the furnishing of all materials, equipment, and labor necessary to complete the construction of the work described in these documents in full and complete accordance with plans, specifications, and contract documents, and to the full and entire satisfaction of Lee County Government for the sum of:

BASE BID:

Alternate # Description Add or Deduct

(to Base Bid) Alternate Bid Price (Enter $ Value)

Accepted (OWNER

INITIALS INDICATES

ACCEPTANCE OF

ALTERNATE)

None -- -- --

Lee County Government Center Optional Stand-By Generator Replacement 00 41 13 - 2

ALLOWANCES: $30,000.00 (Lump Sum) allowance for unforeseen conditions.

UNIT PRICES: None

SCHEDULE OF COMPLETION:

The undersigned understands that time is of the essence and agrees to the Contract Time and liquidated damages as indicated in General Conditions of the Contract for Construction and Supplementary Conditions apply to this Work. The undersigned hereby agrees to commence work on this project within fourteen (14) days following receipt of an Executed Agreement between Owner and Contractor. Date of commencement will be established in a Notice to Proceed issued to Contractor. Work under the Base Bid shall be completed within 365 calendar days from the date of commencement. Work under Alternate 1, if accepted, shall be completed within 450 days from the date of commencement. Work under Alternate 2, if accepted, shall be not extend the project schedule established under either the Base Bid or Alternate 1.

Applicable liquidated damages shall be stated in the contract agreement and general conditions.

SUBCONTRACTORS:

If subcontractors are to be utilized, the Bidder shall fill out all blanks on the list below. All subcontractors shall be listed. The Bidder shall identify work by the general, subcontractor or not applicable for each trade;

utilize parenthesis (_) to list trades not provided. Do not list suppliers. All blanks must be filled in. Failure to do so may result in bid being declared non-responsive. If there is more than one subcontractor per trade identified below, list all. If no subcontractors are to be utilized, indicate by signing at the appropriate place at the bottom of the table.

Trade Company License # General ( )

Waste Disposal

Utility Locate

Other ( )

Other ( )

We do not plan to use subcontract forces

ENCLOSURES:

Provide the following enclosures with submitted bid:

A. Bid Bond B. Minority, Woman, and Small Business Enterprises Submittals as required by Section 00 45 39

" Minority/Historically Underutilized Business Guidelines":

1. MWSBE Identification Form

2. State of North Carolina Affidavit A - Listing of the Good Faith Effort

- or - State of North Carolina Affidavit B - Intent to Perform Contract with Own Workforce

C. Section 00 52 13 “Sample Form of Agreement”

Lee County Government Center Optional Stand-By Generator Replacement 00 41 13 - 3

Respectfully submitted this day of , .

Company:

Printed Name:

Signature:

Title:

(State)

County of

I, , a Notary Public for County, (State), do hereby certify that personally appeared before me this day and acknowledged the due execution of the foregoing instrument.

Witness my hand and official seal, this day of , 20 .

(OFFICIAL SEAL)

Notary Public

My commission expires , 20 .

Dewberry Engineers Inc. Bid Bond Form

Lee County Government Center Optional Stand-By Generator Replacement 00 43 13 - 1

BID BOND

KNOW ALL MEN BY THESE PRESENTS, That we, (Bidder's Name)

,of

(Street Address) (City, State, Zip) hereinafter called the Principal, and

(Surety's Name) a corporation organized and existing under the Laws of the State of ____________________, and authorized to transact business in the State of North Carolina, as Surety, hereinafter called Surety, are held and firmly bound unto Lee County Government, as Owner, hereinafter called Obligee, in the Penal sum of five percent (5%) of the amount bid, good and lawful money of the United States of America, for the payment of which the Principal and Surety bind themselves, their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. This bid bond is submitted in lieu of submitting cash, a cashier’s check, or a certified check pursuant to G.S.143-129.

The Condition of this Obligation is such, that, WHEREAS the Principal has submitted a proposal to the

Obligee on a contract for the construction of

(Contract Name and Number)

NOW THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a contract with the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the Bidding or Contract Documents with good and sufficient surety for the faithful performance of such construction for the prompt payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter such contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this obligation shall be null and void; otherwise to remain in full force and effect.

Dewberry Engineers Inc. Bid Bond Form

Lee County Government Center Optional Stand-By Generator Replacement 00 43 13 - 2

In witness whereof, we have hereunto set our signatures and seal this __________ day of

___________________, 20______, all pursuant to due authorization.

(Seal)

Principal

Surety

Attorney-in-Fact in accordance with the attached Power of Attorney

STATE OF )

) ss:

COUNTY OF )

I, ____________________________, a Notary Public in and for the State and County aforesaid, do hereby certify that _________________________________, and

____________________________, whose names are signed to the foregoing bond, this day personally appeared before me in my State and County aforesaid and acknowledged the same.

Given under my hand and seal this ____________ day of ______________, 20______.

My Commission expires:

End of Section B-2

EXHIBIT D

LEE COUNTY’S MINORITY BUSINESS/HISTORICALLY

UNDERUTILIZED BUSINESS

PARTICIPATION OUTREACH PLAN AND GUIDELINES

SECTION A. INTENT

SECTION B. DEFINITIONS

SECTION C. MINORITY OUTREACH PLAN AND GUIDELINES

SECTION D. MINIMUM COMPLIANCE REQUIREMENTS

SECTION E. DISPUTE RESOLUTION PROCEDURES

SECTION F. BID PACKET PROVISIONS

SECTION G. INFORMAL BIDDING STATUTE

SECTION H. AFFIDAVITS FOR BIDDERS

SECTION I. BID PACKET COVERSHEET

OUTREACH PLAN AND GUIDELINES FOR RECRUITMENT AND SELECTION OF

MINORITY BUSINESSES FOR PARTICIPATION IN LEE COUNTY

BUILDING CONSTRUCTION OR REPAIR CONTRACTS

N.C.G.S. 143-128.2 requires that a local government unit or other public or private entity that receives State appropriations for a building project or other State grant funds for a building project, including a building project done by a private entity on a facility to be leased or purchased by the local government unit, where the project cost is one hundred thousand dollars ($100,000) or more, shall have a verifiable ten percent (10%) goal for participation by minority businesses in the total value of the work. A verifiable goal is also required for building projects costing three hundred thousand dollars ($300,000) or more when no state funds are involved. The outreach plan shall also be applicable to the selection process of architectural, engineering, and Construction Manager-at-Risk services, unless otherwise exempted.

Lee County has a current verifiable goal of 10% percent for minority participation for building construction or repair projects. The goal will be reviewed annually or as soon as relevant data is available.

SECTION A: INTENT

It is the intent of these guidelines that Lee County, as awarding authority for building construction or repair projects, and the contractors and subcontractors performing the construction contracts awarded shall cooperate and in good faith do all things legal, proper, and reasonable to achieve the goal of 10% percent for participation by minority businesses in each building construction or repair project as required by GS 143-128.2. Nothing in these guidelines shall be construed to require contractors or awarding authorities to award contracts or subcontracts to or to make purchases of materials or equipment from minority-business contractors or minority-business subcontractors who do not submit the lowest responsible, responsive bid or bids. Lee County wants to provide historically underutilized businesses opportunities to participate in bidding opportunities.

SECTION B: DEFINITIONS

1. Minority - a person who is a citizen or lawful permanent resident of the United States and who is:

a. Black, that is, a person having origins in any of the black racial groups in Africa;

b. Hispanic, that is, a person of Spanish or Portuguese culture with origins in Mexico, South or Central

America, or the Caribbean Islands, regardless of race;

c. Asian American, that is, a person having origins in any of the original peoples of the Far East, Southeast

Asia and Asia, the Indian subcontinent, the Pacific Islands;

d. American Indian, that is, a person having origins in any of the original peoples of North America; or

e. Female

f. Disabled, that is, a person with a disability as defined in N.C.G.S. 168-1 or N.C.G.S. 168A-3

g. Disadvantaged, that is, a person who is socially and economically disadvantaged as defined in 15 U.S.C.

Section 637

2. Minority Business (MBE) – According to N.C.G.S. 143-128.4, minority business or historically underutilized business is a business that meets the following conditions:

a. In which at least fifty-one percent (51%) is owned by one or more persons who are members of at least one of the groups set above, or in the case of a corporation, in which at least fifty-one percent (51%) of the stock is owned by one or more minority persons or socially and economically disadvantaged individuals; and

b. Of which the management and daily business operations are controlled by one or more of the minority persons or socially and economically disadvantaged individuals who own it.

3. Socially and economically disadvantaged individual - means the same as defined in 15 U.S.C. 637: Socially disadvantaged individuals are those who have been subjected to racial or ethnic prejudice or cultural bias because of their identity as a member of a group without regard to their individual qualities.

4. Economically disadvantaged individuals -those socially disadvantaged individuals whose ability to compete in the free enterprise system has been impaired due to diminished capital and credit opportunities as compared to others in the same business area who are not socially disadvantaged.

5. Disability- according to N.C.G.S. 168A-3 is a person who has a physical or mental impairment which substantially limits one or more major life activities, has a record of such an impairment or is regarded as having such an impairment. As used, the term:

a. Physical or mental impairment means (i) any physiological disorder or abnormal condition, cosmetic disfigurement, or anatomical loss, caused by bodily injury, birth defect or illness, affecting one or more of the following body systems: neurological; musculoskeletal; special sense organs; respiratory, including speech organs; cardiovascular; reproductive; digestive; genitourinary; hemic; and lymphatic; skin; and endocrine; or (ii) any mental disorder, such as mental retardation, organic brain syndrome, mental illness, specific learning disabilities, and other developmental disabilities, but (iii) excludes (A) sexual preferences; (B) active alcoholism or drug addiction or abuse; and (C) any disorder, condition or disfigurement which is temporary in nature leaving no residual impairment.

b. Major life activities means functions such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working

c. Has a record of such an impairment means has a history of, or has been misclassified as having, a mental or physical impairment that substantially limits major life activities

d. Is regarded as having an impairment means (i) has a physical or mental impairment that does not substantially limit major life activities but that is treated as constituting such a limitation, (ii) has a physical or mental impairment that substantially limits major life activities because of the attitudes of others, or (iii) has none of the impairments defined above, but is treated as having an impairment

4. Owner – Lee County.

5. Designer – Any person, firm, partnership, or corporation which has contracted with Lee County to perform architectural or engineering work.

6. Bidder - Any person, firm, partnership, corporation, association, or joint venture seeking to be awarded a public contract or subcontract.

7. Contract - A mutually binding legal relationship or any modification thereof obligating the seller to furnish equipment, materials, or services, including construction, and obligating the buyer to pay for them.

8. Contractor - Any person, firm, partnership, corporation, association, or joint venture which has contracted with Lee County to perform building construction or repair work.

9. Subcontractor - A firm under contract with the prime contractor or construction manager at risk for supplying materials or labor and materials and/or installation. The subcontractor may or may not provide materials in his subcontract.

SECTION C: MINORITY OUTREACH PLAN AND GUIDELINES

Owner Lee County will employ the following strategies to encourage participation from MBEs.

1. Place emphasis on the importance of soliciting certified MBE firms for subcontracting opportunities at pre-bid conferences and in the bid documents. Examine specifications to identify special subcontracting opportunities and strongly encourage prime contractors to solicit bids for subcontracts from MBE firms.

2. Provide detailed information to majority contractors concerning the bidding and good faith efforts requirements by holding meetings with the contractors.

3. Assess the effectiveness of the MBE program, and identify opportunities to enhance it by evaluating MBE participation and compliance and reviewing the good faith efforts provided in bid packages.

4. Build new and strengthen existing business relationships through networking. Continue communicating with other North Carolina public agencies to find out how their MBE outreach programs are working and to share “best practices” and ideas to improve programs.

5. Participate in educational opportunities throughout the community as they become available and offer training sessions to share Lee County’s outreach plan with interested businesses and organizations

6. Enhance Lee County’s web page by including the outreach plan and guidelines, listing good faith efforts, creating links to MBE resources, and creating awareness of specific subcontracting opportunities.

7. Maintain or continue to maintain a database specifically for MBE firms and majority contractors to ensure those firms wishing to do business with Lee County have access to up-to-date information.

8. Advertise upcoming bid opportunities on the State HUB website.

9. Work with architects and engineers to make subcontracting opportunities more noticeable and more easily understood by potential contractors and subcontractors.

Designer

Under the single-prime bidding, separate prime bidding, construction manager at risk, or alternative contracting method, the designer will:

1. Attend the scheduled pre-bid conference to explain minority business requirements to the prospective bidders.

2. Assist the owner to identify and notify prospective minority business prime and subcontractors of potential contracting opportunities.

3. Maintain documentation of any contacts, correspondence, or conversation with minority business firms made in an attempt to meet the goals.

4. Review jointly with the owner, all requirements of G.S. 143-128.2(c) and G.S.143-128.2(f) – (i.e.

bidders’ proposals for identification of the minority businesses that will be utilized with corresponding total dollar value of the bid and affidavit listing good faith efforts, or affidavit of self-performance of work, if the contractor will perform work under contract by its own workforce) - prior to recommendation of award.

5. During construction phase of the project, review documentation for contract payment to MBEs (e.g. state form “Appendix E: MBE Documentation for Contract Payment”) for compliance with minority business utilization commitments. Submit this form with monthly pay applications to the Owner.

Prime Contractor(s), CM at Risk, and Its First-Tier Subcontractors

Under the single-prime bidding, the separate-prime biding, construction manager at risk, and alternative contracting methods, contractor(s) will:

1. Attend the scheduled pre-bid conference.

2. Identify or determine those work areas of a subcontract where minority businesses may have an interest in performing subcontract work.

3. During the bidding process, comply with the owner’s requirements listed in the proposal for minority participation.

4. Identify on the bid the minority businesses that will be utilized on the project with corresponding total dollar value of the bid and affidavit listing good faith efforts as required by G.S. 143-128.2(c) and G.S.

143-128.2(f).

5. Make documentation showing evidence of implementation of Prime Contractor, CM-at-Risk and First- Tier Subcontractor responsibilities available for review by Lee County, upon request.

6. Upon being named the apparent low bidder, the bidder shall provide one of the following: (1) an affidavit 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 applicable goal; or (2) if the percentage is not equal to the applicable goal, then documentation of all good faith efforts taken to meet the goal. The documentation must include evidence of all good faith efforts that were implemented including any advertisements, solicitations, and evidence of other specific actions demonstrating recruitment and selection of minority businesses for participation in the contract. Failure to comply with these requirements is grounds for rejection of the bid and award to the next lowest responsible and responsive bidder.

7. The contractor(s) shall identify the name(s) of minority business subcontractor(s) and corresponding dollar amount of work on the schedule of values.

8. The contractor(s) shall submit with each monthly pay request(s) and final payment(s) documentation for contract payment to MBEs (e.g. state form “Appendix E: MBE Documentation for Contract Payment” for designer’s review.

9. During the construction of a project, at any time, if it becomes necessary to replace a minority business subcontractor, immediately advise the owner in writing, of the circumstances involved. The prime contractor shall make a good faith effort to replace a minority business subcontractor with another minority business subcontractor.

10. If during the construction of a project additional subcontracting opportunities become available, the contractor shall make a good faith effort to solicit sub-bids from minority businesses.

Minority Business Responsibilities

Certification Lee County does not certify minority businesses. Lee County requires certification for minority, disadvantaged or women-owned businesses. Any business that desires to participate as an MBE will be required to complete and submit for certification, documents required by any of the agencies listed below. Only those firms holding current certification through at least one of the following agencies will be considered eligible for inclusion in meeting the MBE participation percentage goals:

North Carolina Department of Administration Historically Underutilized Business (HUB) certification North Carolina Department of Transportation Disadvantaged Business Enterprise (DBE) North Carolina Department of Transportation Minority Business Enterprise (MBE) North Carolina Department of Transportation Women Business Enterprise (WBE) Business Certification Small Business Administration 8(a) certification Other governmental agencies on a case-by-case basis

Other Responsibilities Minority businesses that are contacted by owners or bidders must respond promptly whether or not they wish to submit a bid.

SECTION D: MINIMUM COMPLIANCE REQUIREMENTS

All written statements or affidavits made by the bidder shall become a part of the agreement between the Contractor and Lee County for performance of the contract. Failure to comply with any of these statements, affidavits, or with the minority business guidelines shall constitute a breach of the contract. A finding by Lee County that any information submitted either prior to award of the contract or during the performance of the contract is inaccurate, false, or incomplete shall also constitute a breach of the contract. Any such breach may result in termination of the contract in accordance with the termination provisions contained in the contract. It shall be solely at the option of Lee County whether to terminate the contract for breach.

In determining whether a contractor has made good faith efforts, Lee County will evaluate all efforts made by the Contractor and will determine compliance in regard to quantity, diligence, and results of these efforts. Contractors are required to earn at least 50 points for good faith efforts. Failure to file a required affidavit or documentation demonstrating that the contractor made the required good faith effort, is grounds for rejection of the bid. Good faith efforts include:

1. Contacting 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 or proposal date and notifying them of the nature and scope of the work to be performed. (10 points)

2. Making 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 bid or proposals are due. (10 points)

3. Breaking down or combining elements of work into economically feasible units to facilitate minority participation. (15 points)

4. Working with minority trade, community, or contractor organizations identified by the Office for Historically Underutilized Businesses and included in the bid documents that provide assistance in recruitment of minority businesses. (10 points)

5. Attending any pre-bid meetings scheduled by the public owner. (10 points)

6. Providing assistance in getting required bonding or insurance or providing alternatives to bonding or insurance for subcontractors. (20 points)

7. Negotiating in good faith with interested minority businesses and not rejecting them as unqualified without sound reasons based on their capabilities. Reasons for rejection of a minority business based on lack of qualification should be documented in writing. (15 points)

8. Providing 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. Assisting minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit. (25 points)

9. Negotiating 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.

(20 points)

10. Providing quick pay agreements and policies to enable minority contractors and suppliers to meet cash flow demands. (20 points)

SECTION E: DISPUTE RESOLUTION PROCEDURES

Pursuant to G.S. 143-128 (f1), all disputes involving contractors on a building construction or repair project with Lee County shall be resolved pursuant to Lee County’s Dispute Resolution Policy (Exhibit E).

SECTION F: In addition to these guidelines, there will be issued with each construction bid package provisions for providing minority business participation in the Lee County projects.

SECTION G: INFORMAL BIDDING STATUTE

All public entities shall solicit minority participation in contracts for the erection, construction, alteration or repair of any building awarded pursuant to this section. The public entity shall maintain a record of contractors solicited and shall document efforts to recruit minority business participation in these contracts. Nothing in this section shall be construed to require formal advertisement of bids. All data, including the type of project, total dollar value of the project, dollar value of minority business participation on each project, and documentation of efforts to recruit minority participation shall be reported to the Department of Administration, Office of Historically Underutilized Business, upon the completion of the project. Department Heads must work with the Development Services Director who will report the MWBE information to the Office of Historically Underutilized Business.

SECTION H

Identification of HUB Certified/ Minority Business Participation

I, , (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

(Y/N)

*Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), 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 ($) .

State of North Carolina AFFIDAVIT A – Listing of Good Faith Efforts

(Name of Bidder)

Affidavit of 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 I.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…