_Dan Nicholas Wildlife Toilets - SPECS Sept 2025 compr-Post(PDF).pdf

Schedule of Drawings page 1 / 1

BOGLE FIRM ARCHITECTURE

110 N. MAIN STREET ● SUITE 200 ● SALISBURY, NC 28144

704.638.2015 ● www.boglefirm.com

Dan Nicholas Park

Wildlife Restrooms

Renovation for

Rowan County

SPECIFICATIONS

September 2025

Rowan County Project #2026-004

ROWAN COUNTY WILDLIFE RESTROOMS – DAN NICHOLAS PARK SEPTEMBER 2025

Table of Contents page 1

TABLE OF CONTENTS

Cover Sheet 1

BIDDING REQUIREMENTS:

Description Page No.

Table of Contents 1 - 2 Invitation to Bid 1 - 2 Instructions to Bidders 1 - 5 Form of Proposal 1 - 3 BFA Office Standard Rate Sheet 1 - 1 MBE Guidelines 1 - 6 MBE Participation Forms 1 - 6 General Conditions 1 - 48 Supplementary General Conditions 1 - 10

SPECIFICATIONS

DIVISIONS:

Section Description Page No.

DIVISION 1 - GENERAL REQUIREMENTS:

01011 Summary of the Work 1 - 6 (Schedule of Drawings) 01020 Allowances 1 - 3 01026 Unit Prices 1 - 2 01027 Applications for Payment 1 - 4 Amendment to Protect Stored Materials 1 State and County Sales/Use Tax 1 MBE Appendix E 1 01030 Alternates 1 - 2 01041 Project Coordination - Single Prime Contracts 1 - 3 01045 Cutting and Patching 1 - 3 01050 Field Engineering 1 - 2 01095 Reference Standards and Definitions 1 - 3 01200 Project Meetings 1 - 2 01300 Submittals 1 - 5 01400 Quality Control Services 1 - 3 01501 Temporary Facilities 1 - 10

(Sketch of Project Sign) 01600 Materials and Equipment 1 - 4 01631 Product Substitutions 1 - 3 01700 Project Closeout 1 - 5 01732 Waste Management 1 - 5 01740 Warranties and Bonds 1 - 2

Contractor’s General Warranty/Certification 1

DIVISION 6 - WOOD AND PLASTICS:

06100 Rough Carpentry 1 - 8

06105 Miscellaneous Carpentry 1 - 3

Table of Contents page 2

DIVISION 7 - THERMAL AND MOISTURE PROTECTION:

07160 Bituminous Damp-proofing 1 - 2

07200 Insulation 1 - 4

07270 Firestopping 1 - 6

07410 Metal Roofing 1 - 9

074646 Fiber Cement Siding 1 - 4

07600 Flashing and Sheet Metal 1 - 6

07900 Joint Sealers 1 - 5

DIVISION 8 - DOORS & WINDOWS:

08110 Steel Doors and Frames 1 - 5

08710 Door Hardware 1 - 9

DIVISION 9 - FINISHES:

09250 Gypsum Drywall 1 - 9

09300 Tile 1 - 5

0967006 Fluid Applied Resinous Flooring 1 - 6

09911 Exterior Painting 1 - 7

09912 Interior Painting 1 - 9

DIVISION 10 - SPECIALTIES:

10000 Miscellaneous Accessories: 1 - 2 10155 Toilet and Shower Compartments 1 - 5 10800 Toilet Accessories 1 - 4

See Table of Contents for Plumbing, Mechanical, and Electrical after Division 10.

Invitation to Bid - page 1

INVITATION TO BID

1. a. Sealed proposals will be received by Rowan County in the Rowan County Administrative Offices, 1st Floor Conference Room, 130 West Innes Street, Salisbury, North Carolina, up to 2:00 PM on Thursday, November 6, 2025 and directly thereafter publically opened and read for the furnishing of labor, materials and equipment entering into the construction of the Dan Nicholas Wildlife Restrooms Renovation for Rowan County, Salisbury, North Carolina, including all required work described on the plans and specifications for general work (which includes site, civil, structural, plumbing, mechanical, and electrical work).

b. Project is described on the full set of drawings referenced on the Cover Sheet Index, plus any changes issued from the office of the architect by Bulletin Drawing and/or Addenda. The Base

Bid consists of the following: This project is the full renovation of an existing wood frame and

CMU masonry, one-story building of approximately 1,559 sf. In general, the renovation includes: selective demolition, new roof sheathing and metal roofing, exterior sheathing, fiber-cement siding, added windows and doors; general public restroom finishes of epoxy flooring, tiled walls, painted MR gypsum ceilings; new toilet fixtures, accessories, and partitions. Base bid must include all listed allowances and unit prices.

The project includes typical general construction work:

Selective Demo;

Wood stud framing;

Misc. steel framing and fabrications;

Aluminum clad wood windows;

Sheathing and Cementitious Siding;

Waterproofing and dampproofing;

Roofing – standing seam metal roof;

Doors, hardware, windows, hollow metal frames;

Moisture Resistant gypsum board walls and ceilings;

Finishes – wall tile, epoxy flooring, paint, etc.;

Typical Plumbing work as a major subcontractor to the general - sewer piping, water piping, fixtures, etc.;

Typical HVAC work as a major subcontractor to the general – Air handling equipment, piping (gas, condensing, condensate), air distribution equipment, duct systems, ventilation system, controls, etc.;

Typical Electrical work as a major subcontractor to the general - electrical service, service distribution, receptacles, lighting, emergency systems, equipment, and miscellaneous special systems such as sound, data, telephone, security, etc.;

Alternates shall be taken as described on drawings and specifications.

c. Alternates shall be taken per requirements of Division 1, are listed in Division 1, Section 01030.

d. Proposals shall be received for the following work: General Construction work, which will include Site, Civil, Structural, Plumbing, Mechanical, and Electrical work.

2. a. After October 7, 2025, complete plans, specifications and contract documents will be available for inspection in the following offices:

THE BOGLE FIRM ARCHITECTURE, PLLC., 110 N. Main Street, Suite 200, Salisbury, NC Bogle Firm web site www.boglefirm.com

b. “Bonafide Bidders” may obtain one (1) complete set of plans and specifications at the Architect’s office for a deposit of $250.00. The deposit shall be returned to bona fide bidders if all bid documents are returned to the Architect in good unmarked condition within 10 days after the receipt of bids.

http://www.boglefirm.com/

Invitation to Bid - page 2

c. NOTE: “Bonafide bidder” is defined as a properly licensed General Contractor which provides to the Owners, timely received and properly submitted bids that if low will contract with the Owners for the work for which their bid was submitted.

d. Additional sets of plans and specifications may be obtained by prime contractors but must be purchased by contractors. NO REFUND WILL BE GIVEN FOR COSTS OF EXTRA SETS PURCHASED. Contractors shall contact Bogle Firm Architecture for placing orders for extra sets.

e. Subcontractors and Material suppliers may purchase single sheets of plans from the Architect’s printer. Subcontractors and Material suppliers shall contact Bogle Firm Architecture.

Subcontractors and Material suppliers are invited to visit the AGC and Dodge Report offices to ascertain the quantity and specific sheets desired. The Architect will assume no responsibility in selection of required drawings or specification sheets.

3. A Pre-Bid Conference for invited bidders will be held by the Architect at the project site, 6800 Bringle Ferry Road, Salisbury, North Carolina, 28144 at 10:00 AM, Friday, October 17, 2025, to answer questions pertaining to the project. Attendance is HIGHLY RECOMMENDED for ALL bidders.

4. All Contractors and Subcontractors must have proper license under the State laws governing their respective trades.

5. Each proposal must be accompanied by 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 5% of the proposal.

In lieu thereof, a bidder may offer a bid bond of 5% of the bid, executed by a surety company licensed under the laws of North Carolina to execute such bonds, conditioned that the surety will, upon demand forthwith make payment to the Obligee upon said bond, if the bidder fails to execute the contract in accordance with the bid bond. Upon failure to forthwith make payment, the surety will pay to the Obligee an amount equal to the amount of said bond. Said deposit shall be retained by the Owner as liquidated damages in the event of failure of the successful bidder to execute the contract within ten days after the award, or to give satisfactory surety as required by law. (General Statutes of North Carolina, C0143, Article 85 - 129).

NOTE: BID BOND OR CERTIFIED CHECK MUST BE ATTACHED TO THE SEALED FORM

OF PROPOSAL IN A SEPARATELY SEALED ENVELOPE.

6. Bonds: Separate Performance and Payment Bonds will be required for one hundred percent (100%) of the contract price.

7. Payment will be made on the basis of 95% of approved monthly estimates of work completed (until a maximum of 5% of the contract amount is reached). Final payment will be made and Final Certificates will be issued upon acceptance of the work.

8. No bid may be withdrawn after time set for receiving bids for a period of sixty (60) days.

9. All bidders are required to provide the AIA A305-Contractor’s Qualification Statement with their bid and such other information as may be required in the Supplementary Instructions to Bidders.

10. Owner reserves the right to waive irregularities and to reject any or all proposals.

Pete Bogle, AIA

THE BOGLE FIRM ARCHITECTURE, PLLC

110 N. Main Street Suite 200 Salisbury, North Carolina 28l44

For - Rowan County 130 W. Innes Street Salisbury, NC 28144

September 2025

Instructions to Bidders - page 1

INSTRUCTIONS TO BIDDERS

SECTION 1 - SITE CONDITIONS:

Bidders shall inform themselves fully of site conditions relating to construction and labor as well as other pertinent conditions before submitting a proposal.

SECTION 2. EXAMINATION OF PLANS, SPECIFICATIONS AND CONTRACT DOCUMENTS:

A. Should a bidder find discrepancies in or omissions from the plans, specifications, and/or contract documents, or should he be in doubt as to their meaning, he should at once notify the Architect who will send written instructions to all bidders. Neither Owner nor Architect will be responsible for any oral instructions.

B. Every request for such interpretation or clarification shall be in writing addressed to the Architect, THE BOGLE FIRM ARCHITECTURE, PLLC., at the following email address:

pete@boglefirm.com

To be given consideration, the request must be received at least three (3) days prior to the bid date of the project. The interpretation and/or supplementary information will be emailed to all prospective bidders not later than one (1) day prior to the date fixed for the receipt of bids.

C. Bulletins or Addendum issued and received during the bidding period become a part of the contract documents and must be acknowledged on the Form of Proposal by all bidders.

SECTION 3. PROJECTS RECEIVING FEDERAL FUNDING:

N/A for Dan Nicholas Wildlife Restrooms Renovation Project.

SECTION 4. ROWAN COUNTY PROJECTS:

A. Award Criteria - 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 performance of the contract.

B. Pricing - Submission of any bid signifies the Bidder’s agreement that its bid and the contents thereof are valid for ninety (90) calendar days following the submission deadline and will become part of the contract that is negotiated between the County and the successful Bidder. All prices submitted with the bid shall remain in effect for the ninety (90) day period.

C. Non-Discrimination - 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.

D. Conflict of Interest – All Bidders 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 Bidders 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 Bidder’s firm or any of its branches or subsidiaries. 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 ITB or project.

E. Collusive Bidding - The Bidder’s signature on the Bid 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.

mailto:pete@boglefirm.com

Instructions to Bidders - page 2

F. 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 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.

G. Termination:

a. Termination For Cause

i. 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.

ii. 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.

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

iv. 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.

v. 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

Instructions to Bidders - page 3 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.

b. Termination for Convenience

i. If the County shall determine that it is in the County’s best interest, the County shall notify the Bidder to terminate the work within seven (7) days. In such event, the Bidder shall be entitled to compensation for all work properly executed and any expenses incurred in terminating the contract and vacating the County work site.

ii. No claim shall be made by the Bidder 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.

SECTION 5. INSURANCES: Contractor must carry the following insurances:

A. Workers' Compensation:

(a) State: Statutory

(b) Applicable Federal: Statutory

(c) Employer's Liability: $ 500,000.00

B. Comprehensive General Liability (including Premises-Operations; Independent Contractors' Protective; Products and Completed Operations; Broad Form Property Damage):

(a) Bodily Injury - including Personal injuries:

$ 2,000,000.00 Each Occurrence and Annual Aggregate

(b) Property Damage:

$ 2,000,000.00 Each Occurrence and Annual Aggregate

(c) Products and Completed Operations to be maintained for twelve months (12) after final payment.

C. Contractual Liability:

(a) Bodily Injury:

$ 2,000,000.00 Each Occurrence and Annual Aggregate

(b) Property Damage:

$ 2,000,000.00 Each Occurrence and Annual Aggregate

D. Personal Injury, with Employment Exclusion deleted:

$ 2,000,000.00 Annual Aggregate

E. Comprehensive Automobile Liability:

(a) Bodily Injury:

$ 2,000,000.00 Each Person $ 2,000,000.00 Each Occurrence

(b) Property Damage:

$ 2,000,000.00 Each Occurrence

Instructions to Bidders - page 4

SECTION 6. PROPOSALS:

A. Each bid must be submitted on the prescribed form. All blank spaces must be filled in with ink or typewritten in both words and figures.

B. Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder listing their address and license number, and stating that the proposal is for General work. Address proposals to the Owner, in care of the Architect, at the place set for opening of bids. If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed as specified in the bid form.

SECTION 7. PROCEDURE TO FOLLOW IN EXECUTING CONTRACT DOCUMENTS:

A. The Form of Proposal on which all bids must be submitted is inserted herewith. Duplicate copies may be made (by photocopier) by the contractor to use to submit bids and for the Contractor's records. The current AIA contract form will be used for Owner-Contractor agreement. Invoices will be presented on appropriate AIA Form G702. See Article 24 of General Conditions.

B. Signatures: Each Contractor shall execute all copies of the Form of Proposal, Bid Bond, Contract and Performance Bond.

NOTE: ROWAN COUNTY REQUIRES BID BOND TO BE ATTACHED TO THE SEALED BID

IN A SEPARATELY SEALED ENVELOPE. THIS IS TO ENSURE THAT ALL BIDS HAVE A

BID BOND OR CERTIFIED CHECK INCLUDED PRIOR TO OPENING ANY BID FORMS.

1. If the contract documents are executed by a sole owner, that fact shall be evidenced by the word

"Owner" appearing after the name of the person executing them.

2. If the contract documents are executed by a partnership, that fact shall be evidenced by the words

"Co-Partner" appearing after the name of the partner executing them.

3. If the contract documents are executed on the part of a corporation, they shall be executed by either the President or the Vice President and attested by the Secretary in either case, and the title of the office of such persons shall appear after their signatures. The seal of the corporation shall be impressed on each copy of the contract documents.

4. Signatures shall be properly witnessed.

C. Performance Bond:

1. Where the Performance Bond is executed by an Attorney-in-fact, there shall be attached to each copy of the Performance Bond a certified copy of Power of Attorney properly executed and dated.

2. Each copy of the Performance Bond shall be counter-signed by an authorized individual agent of the Bonding Company licensed to do business in North Carolina (see Section 58-44 General Statutes of North Carolina). The title "Licensed Resident Agent" shall appear after the signature.

3. The seal of the Bonding Company shall be impressed on each copy of the Performance Bond.

4. The Contractor's signature(s) on the Performance Bond shall correspond with that on the

Contract.

Instructions to Bidders - page 5

D. Form of Proposal:

1. Proposals will be received for separate prime contractors only for general construction work. See proposal form bound herein.

2. Owner reserves the right to waive irregularities and to reject any or all proposals.

3. Bids must be based on these specifications, addendum, bulletins, and working drawings (as listed in Division 1), dated September 2025 for the Dan Nicholas Wildlife Restroom Renovation for Rowan County, Salisbury, NC.

E. Approval of Documents:

Upon completion of the execution of the contract documents, the documents, together with insurance certificates and other pertinent appendages, shall be returned to the Architect for checking and forwarding to the Owner. Following approval by the Owner, documents will be forwarded to the Architect for distribution.

SECTION 8. CONSTRUCTION ADMINISTRATION;

Though this job will be regularly and carefully administered by the Architect, or his representative, and though every reasonable effort will be made to protect the best interest of the Owner, and to assist the Contractor in the interpretation of the contract documents, this project does not include the services of a full-time clerk of the works. The Architect will decide the desirability, frequency and timing of the Architect’s visits to the site.

End of INSTRUCTIONS TO BIDDERS

Form of Proposal page 1

FORM OF PROPOSAL

Dan Nicholas Park – Wildlife Restrooms Renovation for Rowan County

6800 Bringle Ferry Road

Salisbury, NC 28144

Contractor Name:

Submitted herewith is my/our proposal for the Dan Nicholas Park Wildlife Restrooms Renovation, for Rowan County, 6800 Bringle Ferry Road, Salisbury, North Carolina.

SECTION 1. PRELIMINARY:

The undersigned, as bidder, hereby declares that the only person(s) interested in this proposal as principal(s) is/are named herein; 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 undersigned bidder further declares that he has examined the site of the work and informed himself fully in regard to all conditions pertaining to the place where the work is to be done; that he has examined the specifications for the work and the contract documents relative thereto, and has read all special provisions furnished prior to the opening of bids; and that he has satisfied himself relative to the work to be performed.

If this proposal is accepted, the undersigned bidder proposes and agrees to contract with Rowan County in the form of contract specified, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation and labor necessary to complete the construction in full and complete accord with the plans, specifications and contract documents and to the full and complete satisfaction of the Architect and Owner with a definite understanding that no money will be allowed for extra work except as set forth in the General Conditions and contract documents for the sum of:

Single Prime Contract:

BASE BID: _____________________________________________ DOLLARS ($ ______________) (including allowances specified in Section 01020)

LIST THE FOLLOWING MAJOR SUBCONTRACTORS PART OF BID:

Plumbing: ________________________________________________

HVAC: ________________________________________________

Electrical: ________________________________________________

Roofing: ________________________________________________

Form of Proposal page 2

SECTION 2. ALTERNATES:

Each alternate price listing in this proposal shall cover all costs required for this particular part of the work, complete and in place, including all changes, alterations or modifications to surrounding work required to accommodate the substitution, addition, deletion or other change.

The Architect reserves the right to recommend to the Owner the acceptance or rejection of any or all alternates. The Owner reserves the right to accept or reject any or all such recommendations. The Owner further reserves the right to accept or reject alternates in any order they preferred without regard to whether or not their selected order effects bid outcome.

Should any of the alternates as described in the specifications be accepted, the amount written below shall be "added to" or "deducted from" the Base Bid. Signify the option intended by the words "add" or "deduct" in front of the written figures and the like "plus" or "minus" signs in front of the numerals.

No Alternates for Dan Nicholas Wildlife Restrooms unless added by Addendum.

SECTION 3. UNIT PRICES:

Unit prices are for complete work and no profit or overhead shall be added or deducted when applying unit prices. No work described on the drawings or specifications is to be bid as a unit price. Unit price costs will be used only for additional work the owner may want to include in the work by change order.

No Unit Costs on Dan Nicholas Wildlife Restrooms unless added by Addendum.

SECTION 4. COMPLETION OF WORK:

If the undersigned bidder is notified of the acceptance of this proposal, he agrees to execute a contract for the above stated compensation in the form of the Standard Agreement of the American Institute of Architects and to commence work within ten (l0) days after signing of the contract. The undersigned bidder proposes to complete the construction and have the work ready for Final Inspection on or before the schedule listed below from date of "commencement of work".

Substantial Completion: 6 months

The undersigned further agrees that in the case of failure on his part to execute the said contract and required bonding within ten (10) consecutive calendar days after written notice of award of the contract has been given, the check, cash, or bid bond accompanying this bid shall be paid into the funds of the Owner for this project as liquidated damages for such failure.

SECTION 5. ADDENDA/BULLETINS:

The undersigned bidder acknowledges receipt of the following Addenda and/or Bulletins:

Addendum No._________________ Dated ________________

Addendum No._________________ Dated ________________

Addendum No._________________ Dated ________________

Addendum No._________________ Dated ________________

Form of Proposal page 3

SECTION 6. MINORITY PARTICIPATION:

Under GS 143-128.2(c) the undersigned bidder shall identify on its bid the minority businesses that it will use on the project and the total dollar value of the bid that will be performed by the minority businesses and list the good faith efforts (Affidavit A) made to solicit participation.

Note: A contractor that performs all of the work with its own workforce may submit an Affidavit (B) to that effect in lieu of the affidavit (A) required above.

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;

--- OR ---

Affidavit (D) of its good faith effort to meet the goal. 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 submit with their bid the Identification of Minority Business Participation list and Affidavit A or Affidavit B as applicable. Failure to file a required affidavit or documentation with the bid or after being notified apparent low bidder may be grounds for rejection of the bid.

WITNESS SIGNATURE AND TITLE

FIRM NAME

ADDRESS

CITY, STATE, ZIP

(seal) LICENSE NUMBER

DATE

CHECKLIST OF ATTACHMENTS TO INCLUDE WITH BID:

▪ Bid Bond or Certified Check – attached to the sealed Form of Proposal in a separately sealed envelope

▪ AIA A305 Prequalification Statement

▪ MWBE forms

DO NOT SUBMIT A BID WITHOUT ALL OF THE ABOVE ATTACHMENTS.

-1-

GUIDELINES FOR RECRUITMENT AND SELECTION OF MINORITY BUSINESSES FOR

PARTICIPATION IN ROWAN COUNTY CONSTRUCTION CONTRACTS

In accordance with G.S. 143-128.2 (effective January 1, 2002) these guidelines establish goals for minority participation in single-prime bidding, separate-prime bidding, construction manager at risk, and alternative contracting methods, on Rowan County projects in the amount of $300,000 or more.

The legislation provides that the county shall have a verifiable ten percent (10%) goal for participation by minority businesses in the total value of work for each project for which a contract or contracts are awarded. These requirements are published to accomplish that end.

SECTION A: INTENT

It is the intent of these guidelines that Rowan County, as awarding authority for construction 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 statutory goal of ten percent (10%) for participation by minority businesses in each construction project as mandated 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.

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

2. Minority Business - means a business:

a. In which at least fifty-one percent (51%) is owned by one or more minority persons, 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". "Economically disadvantaged individuals are 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".

4. Public Entity - means State and all public subdivisions and local governmental units.

5. Owner - Rowan County

6. Designer - Any person, firm, partnership, or corporation, which has contracted with Rowan County to perform architectural or engineering, work.

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

8. 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.

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

10. 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: RESPONSIBILITIES

1. Office for Historically Underutilized Businesses, Department of Administration (hereinafter referred to as HUB Office).

The HUB Office has established a program, which allows interested persons or businesses qualifying as a minority business under G.S. 143-128.2, to obtain certification in the State of North Carolina procurement system. The information provided by the minority businesses will be used by the HUB Office to:

a. Identify those areas of work for which there are minority businesses, as requested.

b. Make available to interested parties a list of prospective minority business contractors and subcontractors.

c. Assist in the determination of technical assistance needed by minority business contractors.

In addition to being responsible for the certification/verification of minority businesses that want to participate in the construction program, the HUB Office will:

(1) Maintain a current list of minority businesses. The list shall include the areas of work in which each minority business is interested.

(2) Inform minority businesses on how to identify and obtain contracting and subcontracting opportunities through the public entity.

(3) Inform minority businesses of the contracting and subcontracting process for public construction building projects.

(4) Work with the North Carolina trade and professional organizations to improve the ability of minority businesses to compete in the construction projects.

(5) The HUB Office also oversees the minority business program by:

a. Monitoring compliance with the program requirements.

b. Assisting in the implementation of training and technical assistance programs.

c. Identifying and implementing outreach efforts to increase the utilization of minority businesses.

d. Reporting the results of minority business utilization to the Secretary of the

Department of Administration, the Governor, and the General Assembly.

2. Owner Before awarding a contract, owner shall do the following:

a. Develop and implement a minority business participation outreach plan to identify minority businesses that can perform public building projects and to implement outreach efforts to encourage minority business participation in these projects to include education, recruitment, and interaction between minority businesses and non-minority businesses.

b. Attend the scheduled pre-bid conference.

c. At least 10 days prior to the scheduled day of bid opening, notify minority businesses that have requested notices from the public entity for public construction or repair work and minority businesses that otherwise indicated to the Office for Historically Underutilized Businesses an interest in the type of work being bid or the potential contracting opportunities listed in the proposal. The notification shall include the following:

1. A description of the work for which the bid is being solicited.

2. The date, time, and location where bids are to be submitted.

3. The name of the individual within the owner's organization who will be available to answer questions about the project.

4. Where bid documents may be reviewed.

5. Any special requirements that may exist.

d. Utilize other media, as appropriate, likely to inform potential minority businesses of the bid being sought.

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

f. Review, jointly with the designer, all requirements of G.S. 143-128.2(c) and G.S. 143-128.2(±)

- (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.

g. Evaluate documentation to determine good faith effort has been achieved for minority business utilization prior to recommendation of award.

h. Review prime contractors' pay applications for compliance with minority business utilization commitments prior to payment

1. Make documentation showing evidence of implementation of Owner's responsibilities available for review by HUB Office, upon request

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

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

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

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

d. Review jointly with the owner, all requirements of G.S. 143-128.2(c) and G.S.143-128.2(±)

(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.

e. During construction phase of the project, review "MBE Documentation for Contract Payment"

- (Appendix E) for compliance with minority business utilization commitments. Submit Appendix E form with monthly pay applications to the owner and forward copies to the Owner.

f. Make documentation showing evidence of implementation of Designer's responsibilities available for review by HUB Office, upon request.

5. 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:

a. Attend the scheduled pre-bid conference.

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

c. At least ten (10) days prior to the scheduled day of bid opening, notify minority businesses of potential subcontracting opportunities listed in the proposal. The notification will include the following:

(1) A description of the work for which the sub bid is being solicited.

(2) The date, time and location where sub bids are to be submitted.

(3) The name of the individual within the company who will be available to answer questions about the project.

(4) Where bid documents may be reviewed.

(5) Any special requirements that may exist, such as insurance, licenses, bonds and financial arrangements.

If there are more than three (3) minority businesses in the general locality of the project who offer similar contracting or subcontracting services in the specific trade, the contractor(s) shall notify three (3), but may contact more, if the contractor(s) so desires.

d. During the bidding process, comply with the contractor(s) requirements listed in the proposal for minority participation.

e. 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. Make documentation showing evidence of implementation of PM, CM-at-Risk and First-Tier Subcontractor responsibilities available for review by HUB Office, upon request.

g. Upon being named the apparent low bidder, the Bidder shall provide one of the following: (1) an affidavit (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 applicable goal; (2) if the percentage is not equal to the applicable goal, then documentation of all good faith efforts taken to meet the goal. Failure to comply with these requirements is grounds for rejection of the bid and award to the next lowest responsible and responsive bidder.

h. The contractor(s) shall identify the name(s) of minority business subcontractor(s) and corresponding dollar amount of work on the schedule of values. The schedule of values shall be provided as required in Article 31 of the General Conditions of the Contract to facilitate payments to the subcontractors.

i. The contractor(s) shall submit with each monthly pay request(s) and final payment(s), "MBE Documentation for Contract Payment" - (Appendix E), for designer's review.

j. During the construction of a project, at any time, if it becomes necessary to replace a minority business subcontractor, immediately advise the owner and the Director of the HUB Office 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.

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

1. It is the intent of these requirements apply to all contractors performing as prime contractor and first tier subcontractor under construction manager at risk on projects.

6. Minority Business Responsibilities While minority businesses are not required to become certified in order to participate in construction projects, it is recommended that they become certified and should take advantage of the appropriate technical assistance that is made available. In addition, minority businesses who are contacted by owners or bidders must respond promptly whether or not they wish to submit a bid.

SECTION 4: DISPUTE PROCEDURES

It is the policy that disputes that involves a person's rights, duties or privileges, should be settled through informal procedures. To that end, minority business disputes arising under these guidelines should be resolved as governed under G.S. 143-128(g).

SECTION 5: These guidelines shall apply upon promulgation on construction projects. Copies of these guidelines may be obtained from the Department of Administration, State Construction Office, (physical address) 301 North Wilmington Street, Suite 450, NC Education Building, Raleigh, North Carolina, 27601-2827, (mail address) 1307 Mail Service Center, Raleigh, North Carolina, 27699-1307, phone (919) 807-4100, Website: www.nc-sco.com

SECTION 6: In addition to these guidelines, there will be issued with each construction bid package provisions for contractual compliance providing minority business participation in the construction program.

http://www.nc-sco.com/

MINORITY BUSINESS CONTRACT PROVISIONS(CONSTRUCTION)

APPLICATION:

The Guidelines for Recruitment and Selection of Minority Businesses for Participation in Rowan County Construction Contracts are hereby made as part of these contract documents. These guidelines shall apply to all contractors regardless of ownership.

MINORITY BUSINESS SUBCONTRACT GOALS:

The goals for participation by minority firms as subcontractors on this project have been set at 10%.

The bidder must identify on its bid, the minority businesses that will be utilized on the project with corresponding total dollar value of the bid and affidavit (Affidavit A) listing good faith efforts Q.C affidavit (Affidavit B) of self-performance of work, if the bidder will perform work under contract by its own workforce, as required by G.S. 143-128.2(c) and G.S.143-128.2(£).

The lowest responsible, responsive bidder must provide 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 applicable goal.

OR

Provide Affidavit D, that includes a description of the portion of work to be executed by minority businesses, expressed as a percentage of the total contract price, with documentation of Good Faith Effort, if the percentage is not equal to the applicable goal.

OR

Provide Affidavit B, which includes sufficient information for the owner to determine that the bidder does not customarily subcontract work of this nature.

The above information must be provided as required. Failure to submit these documents is grounds for rejection of the bid.

MINIMUM COMPLIANCE REQUIREMENTS:

All written statements, affidavits or intentions made by the Bidder shall become a part of the agreement between the Contractor and the Owner for performance of this contract. Failure to comply with any of these statements, affidavits or intentions, or with the minority business Guidelines shall constitute a breach of the contract. A finding by the Owner 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 the Owner whether to terminate the contract for breach.

In determining whether a contractor has made Good Faith Efforts, the Owner will evaluate all efforts made by the Contractor and will determine compliance in regard to quantity, intensity, and results of these efforts. 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.

(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.

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

(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.

(5) Attending any Prebid meetings scheduled by the public owner.

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

(7) Negotiating in good faith with interested minority businesses and not rejecting 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) 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.

(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.

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

APPENDIX-E

MBE DOCUMENTATION FOR CONTRACT PAYMENTS

Prime Contractor/Architect:

Address & Phone:

Project Name:

Pay Application #: Period:

The following is a list of payments made to Minority Business Enterprises on this project for the above- mentioned period.

MBE FIRM NAME * INDICATE

TYPE OF

MBE

AMOUNT

PAID

THIS MONTH

TOTAL

PAYMENTS TO

DATE

TOTAL

AMOUNT

COMMITTED

*Minority categories: Black, African American (B), Hispanic (H), Asian American (A), American Indian (I), Female (F), Social and Economically Disadvantage (D)

Date: Approved/Certified By:

Name

Title

Signature

SUBMIT WITH EACH PAY REQUEST & FINALPAYMENT

(Revised 3/14/2003)

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 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

Category

**HUB

Certified

(Y/N)

*Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), Female (F) Socially and…