Golf Course Pump Station System.pdf

Invitation to Bid

Bid Number: FB 2026-005

Golf Course Pump Station

Release Date Due No Later Than

Sunday, September 20, 2026 Monday, September 28, 2026, 2:00 pm

If you have received this invitation from a source other than the City of Goldsboro Finance Department, it is the responsibility of the proposer to ensure that all bidding documents have been received. Bidders may notify

Timothy Wood by email at twood@goldsboronc.gov to ensure that your company is added to the distribution list.

However, it is ultimately the responsibility of the proposer to ensure that all addenda are received prior to submitting a bid/proposal.

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COMMUNITY BACKGROUND

The City of Goldsboro is located in Eastern North Carolina and serves as the county seat for Wayne County. Goldsboro is situated in North Carolina’s Coastal Plain and bordered on the south by the Neuse River and on the west by the

Little River. It is approximately 50 miles southeast of Raleigh, the state capital, 40 miles southwest of Greenville, and

75 miles north of Wilmington, North Carolina.

When Wayne County was formed in 1789, the town of Waynesborough developed along the banks of the Neuse River around the county courthouse. In the late 1830’s, the Wilmington and Raleigh (Weldon) Railroad line was built to the east of Waynesborough. At the intersection of the railroad and the New Bern Road, a hotel was built, and a community began to establish itself. This community became known as Goldsborough’s Junction after Major Matthew T.

Goldsborough, an Assistant Chief Engineer with the railroad line. The town of Goldsborough was incorporated in

1847, and the name officially changed to Goldsboro in 1869.

The City of Goldsboro became the county seat for Wayne County in 1847 and has expanded to an area encompassing over twenty-eight square miles. The City has a diversified economy based upon federal military and local governmental institutions, agriculture, manufacturing, a mix of wholesale and retail businesses as well as numerous service providers. This diversity is also reflected in the international composition of the manufacturers that have corporate ties with Great Britain, Japan, Mexico, South Africa, and India. Excellent railroad and two interstate highways (US Highway 70/future Interstate 42 and US Highway 117/Interstate 795) intersect Goldsboro offering high-speed access for commerce within 30 minutes driving time to interstate highways I-95 and I-40. With a population exceeding 34,250 Goldsboro has developed largely as the transportation center for the area’s agriculture industry.

Goldsboro takes great pride in being the home of Seymour Johnson Air Force Base. Today, Seymour Johnson AFB hosts distinguished military units from across the country, acts as Goldsboro’s largest employer and introduces

Americans every day to the beauty of our fine City.

The City operates under the Council-Manager form of government. The Mayor is elected at-large and is the presiding officer of the Council. The six Councilmembers are elected from the six districts. The Mayor and Councilmembers serve four-year concurrent terms. The City Manager serves as the Chief Executive Officer and Budget Officer, responsible to Council for administration of all City affairs to effectively and efficiently deliver services to residents, visitors, businesses and customers.

The City provides a wide range of services: police and fire protection; sanitation, street maintenance, and cemetery;

parks and recreation; engineering, planning, zoning and inspections; event center and theatre; community relations and development; and general administrative services. In addition, the City owns, operates water, sewer, compost and stormwater utilities.

Additional information can be found on the City’s website at https://www.goldsboronc.gov/.

https://www.goldsboronc.gov/

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CITY OF GOLDSBORO

ADVERTISEMENT TO BIDDERS

BID: FB 2026-005

Golf Course Pump Station

Pursuant to North Carolina General Statute 143-129, sealed bids will be received by the City of Goldsboro, North

Carolina until 2:00 pm on Monday, September 28, 2026, for the Golf Course Pump Station at which time the bids will be publicly opened and read. Bids shall be enclosed in a sealed envelope and clearly marked on the outside of the envelope, “Bid Documents: FB 2026-005 Golf Course Pump Station.” Bids may be delivered by parcel service, U.S. Mail delivery or presented in person to City of Goldsboro, City Hall, 200 North Center

Street, PO Drawer A, Goldsboro, NC 27530. It is fully the Bidders responsibility to ensure their bid arrives before the bid deadline.

The Scope of Work will be on file in the office of the Finance Department, Goldsboro, North Carolina and on the

City of Goldsboro website https://www.bidnetdirect.com/north-carolina/cityofgoldsboro.

The right is reserved to reject any or all bids, to add or delete work, to waive informalities, and to award contract which, in the opinion of the City, appears to be in its best interest. The right is reserved to hold any or all proposals for a period of sixty (60) days from the opening thereof.

The City of Goldsboro has an affirmative policy of fostering, promoting and encouraging small business enterprises to participate in this process.

This, the 20th day of September 2026.

Catherine Gwynn

Finance Director

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KEY INFORMATION SUMMARY SHEET

RFP Issue Date: Sunday, September 20, 2026

Proposal Submittals -

Mailing address: City of Goldsboro, Finance Department

Attn: Procurement Manager

P.O. Drawer A

Goldsboro, NC 27533

Physical address City of Goldsboro, Finance Department

Attn: Procurement Manager

City of Goldsboro, City Hall Addition

200 North Center Street

Goldsboro, NC 27530

Pre Bid No Prebid Meeting

Deadline for Submittals: Monday, September 28, 2026, 2:00 pm.

Email all questions to: twood@goldsboronc.gov

Project Manager Obie Agbasi, Golf Director oagbasi@goldsboronc.gov

Invitation to Bid:

FB 2026-005

Golf Course Pump Station

NOTE: IT IS FULLY THE RESPONSIBILITY OF THE CONTRACTOR TO ENSURE THEIR

SUBMITTAL IS RECEIVED PRIOR TO THE DUE DATE AND TIME. PROPOSALS RECEIVED

AFTER THE PUBLISHED DEADLINE AS A RESULT OF MAIL OR DELIVERY SERVICE WILL

NOT BE CONSIDERED.

mailto:twood@goldsboronc.gov mailto:oagbasi@goldsboronc.gov

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INSTRUCTIONS TO BIDDERS

1. DEFINITION OF TERMS

Whenever used in any of the Contract Documents, the following meanings shall be given to the terms used herein:

A. The term “Owner” means the City of Goldsboro.

B. The term “Contract” means the executed agreement between the Owner and the successful bidder, all documents contained herein, and all other documents required by the Owner and/or law to execute said agreement.

C. The term “Contractor” means the individual or entity with whom Owner has entered into the agreement.

D. The term “Project Manager” means any person authorized to act on behalf of the Owner.

2. SPECIFICATIONS

It is necessary from time to time to revise otherwise standard specifications. Therefore, it is in the bidder’s best interest to carefully read the documents contained herein and all published addenda before submitting pricing.

3. BIDDER’S QUALIFICATIONS

Awarded contractor shall be authorized to conduct business in the state of North Carolina as found by checking the Secretary of State website and/or Register of Deeds office, indicating proper registration and active status. This is a condition of executing the contract.

4. INTERPRETATION OF QUANTITIES IN PROPOSAL

The quantities contained in the Proposal are approximate only and the Owner may increase or decrease the quantities as deemed necessary. Compensation received by the Contractor shall be based upon actual quantities that are completed and accepted in accordance with the terms of the Contract.

5. MATERIALS

The name of a certain brand, make, manufacturer or definite specification is to denote the quality standard of the article desired and not to restrict competitive bidding. It is set forth and conveyed to prospective bidders the general style, type, character and quality of the article desired. Bidders, however, may submit to the

Project Manager evidence that proposed substitutions are fully up to standards specified and obtain his approval prior to the bid date.

6. INTERPRETATION AND ADDENDA

No oral interpretation will be made to any bidder as to the meaning of the contract documents or any part thereof. Every request for such an interpretation shall be made in writing. Any inquiry received seven days

(7) days or more prior to the date fixed for opening of bids will be given consideration. Every interpretation made to a bidder will be in the form of Addendum to the Contract Documents and, when issued, will be on file in the office of the Finance Director at least five days (5) before the bids are opened. In addition, all

Addenda will be mailed to each person holding Contract Documents, but it shall be the bidder’s responsibility to make inquiry as to the Addenda issued. All such Addenda shall become part of the Contract, and all bidders shall be bound by such Addenda, whether or not received by the bidders.

7. INSPECTION OF SITE

Each bidder should visit the site of the proposed work and fully acquaint themselves with the existing conditions relating to the construction project. Each bidder should fully inform themselves as to the facilities involved and the difficulties and restrictions attending the performance of the Contract. The bidder should thoroughly examine and familiarize themselves with any Drawings, Technical Specifications and all other

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Contract Documents. The Contractor by the execution of the Contract shall in no way be relieved of any obligation under it due to his failure to receive or examine any form or legal instrument or to visit the site and acquaint themselves with the existing conditions. The City will be justified in rejecting any claim based on facts that the bidder should have been aware of as a result of his site inspection.

8. PREPARATION AND SUBMISSION OF BIDS

Please read all instructions carefully before preparing and submitting your bid.

All bids shall be prepared and submitted in accordance with the following requirements. Failure to comply with any requirement shall cause the bid to be considered irregular and shall be grounds for rejection of the bid.

A. The bid form furnished herein shall be used and shall not be altered in any manner. You may include only the required forms – see Item 9.

B. All entries on the bid form shall be written in ink.

C. The total amount of bid shall be written in the proper place on the bid form.

D. Changes in any entry shall be made by marking through the entry in ink and making the correct entry adjacent thereto in ink. A representative of the Bidder shall initial the change in ink. Do not use “White

Out” or similar product to make corrections.

E. The bid form shall be completed in entirety, properly executed and notarized.

F. Bids submitted by corporations should bear the seal of the corporation.

G. The bid shall not contain any unauthorized additions, deletions, or conditional bids.

H. The bidder shall not add any provision reserving the right to accept or reject an award, or to enter into a contract pursuant to an award.

9. ITEMS REQUIRED TO BE EXECUTED AND SUBMITTED WITH THIS BID

Failure to execute the following with the bid will be deemed a non-responsive bid and the bid will not be considered:

Signed Addenda, if issued for this invitation.

Bid Form, Fully Executed and notarized with prices in indelible ink or typed

Non-Collusion Affidavit of Prime Bidder

Certification Regarding Debarment and Suspension

______ Divestment Certification

10. NOTE: The Contractor may be asked elsewhere in this proposal to submit additional information or forms specific to this project with their bid. If such is requested by the City or its consultant, FAILURE TO

SUBMIT SUCH AS NOTED MAY BE CONSTRUED AS NON-RESPONSIVE AND THE BID MAY NOT

BE CONSIDERED. Please review the entire proposal carefully.

11. ALTERNATIVE BIDS

No alternative bids will be considered unless alternative bids are specifically requested.

12. ETHICS POLICY / CODE OF CONDUCT

The City of Goldsboro has established guidelines for ethical standards of conduct for City representatives and to provide guidance in determining what conduct is appropriate in particular cases. Contractors may request a copy of the City Policy.

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13. COLLUSIVE AGREEMENTS

Each bidder submitting a bid to the Owner for any portion of work contemplated by the documents on which bidding is based shall execute and attach thereto an affidavit, substantially in the forms provided herein, to the effect that he has not entered into a collusive agreement with any other person, firm or corporation in regard to any bid submitted. Before executing any subcontract agreement, the successful bidder shall submit the names of any proposed subcontractors for prior approval and an affidavit substantially in the form provided herein.

14. BID GUARANTEE

Each proposal shall be accompanied by a cash deposit, a cashier’s check or a certified check on some bank or trust company insured by the Federal Deposit Insurance Corporation in an amount not less than five percent

(5%) of the proposal; or in lieu thereof, a bidder may offer a 5% bid bond executed by a corporate surety licensed under the laws of North Carolina to execute such bond; conditioned that the surety will upon demand forth with make payment to the oblige upon said bond if the bidder fails to execute the contract in accordance with the bid bond, and upon failure to forthwith make payment, the surety shall pay to the oblige an amount equal to the amount of said bond. The deposit shall be retained if the successful bidder fails to execute the contract within ten days (10) after notice of award or fails to give satisfactory surety required herein. Checks are to be made payable to the City of Goldsboro. Facsimile or electronic bid bonds will not be accepted.

A refund of any cash deposits, made by unsuccessful bidders, will be issued as soon as the bids have been awarded by the City of Goldsboro and/or any concurring entities when applicable.

15. RECEIPT AND OPENING OF BIDS

Submittals shall be in opaque sealed envelopes marked as follows:

-Bidder’s Company Name

-Bidder’s Company Address

-General Contractor’s License Number

-Bid Number & Project Name

If delivered by parcel service or US mail, the shipping envelope shall be addressed to:

City of Goldsboro City of Goldsboro

Finance Department Finance Department

Attention: Procurement Manager or Attention: Procurement Manager

200 North Center Street PO Drawer A

Goldsboro, North Carolina 27530 Goldsboro, North Carolina 27533

The delivery envelope must also include the bid number and project name.

Bid submittal deadline is provided in the advertisement and Information Summary Sheet. Bids received prior to the advertised hour of opening will be securely kept sealed. The agent whose duty it is to open them will decide when the specified time has arrived, and no Bid received thereafter will be considered. Mailed Bids will be treated in every respect as though filed in person and will be subject to the same requirements.

It is the Bidders responsibility to ensure that the bid is received by the required deadline. If mail or delivery by other means is delayed beyond the date and hour set for the receipt of the bid, the proposals that are late will not be considered.

Bids received after the advertised hour of opening will be returned to the Bidder unopened. At the time and place fixed for the opening of Bids, the Owner will cause to be opened every Bid received within the time set for receiving Bids, irrespective of any irregularities therein.

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16. WITHDRAWAL OF BIDS

Bids may be withdrawn on written or electronic request dispatched by the bidder in time for delivery in the normal course of business prior to the time fixed for opening. Bids may also be withdrawn after the public opening if an unintentional, substantial error is made by the contractor, and it can be proven that the error was arithmetic or an omission as opposed to judgment. The request to withdraw a bid must be made in writing to the Owner’s representative within seventy-two hours (72) after the opening of bids.

17. CORRECTION OF BID ERRORS

Correction of bid errors shall be per the Contract General Requirements or Standard General Conditions of the Construction Contract. If not specified, unit prices shall prevail in the event of error in the extended prices.

18. BID PROTEST PROCEDURE

Any party which is a prospective bidder, Offeror, or contractor that may be aggrieved by the solicitation must submit a written protest within five (5) calendar days prior to the opening of the Request for Bid, Request for

Proposal.

Any party which is an actual bidder, Offeror, or contractor that may be aggrieved by the award of a contract, must submit a written protest within five (5) days of City transmitting via fax or email the announcement of intent to award.

The protest must be addressed to the Finance Director, City of Goldsboro, 200 North Center Street, PO Drawer

A, Goldsboro, NC 27533 and must include all the following information:

1. Name, address, telephone number, facsimile number and e-mail of the protester.

2. Signature of the protester or authorized agent.

3. The bid name and number.

4. A detailed statement of the legal and factual grounds of protest including copies of relevant documents.

5. Any supporting exhibits, evidence, or documents to substantiate any claims.

6. All information that establishes the protester is an interested party for the purpose of filing a protest.

7. The form of relief requested.

After careful consideration of all relevant information, and consultation with the City Attorney, the Finance

Director shall make a written decision.

The decision of the Finance Director may be appealed to the City Manager or City Council, depending on the type of bid. An appeal must be in writing and be delivered to the City Manager, 200 North Center Street, PO

Drawer A, Goldsboro, NC 27533, within seven (7) calendar days of the date of the Finance Director faxed or emailed decision.

All costs incurred by a protesting party in connection with a protest shall be the sole responsibility of the protesting party.

19. FINANCIAL CAPACITY and RESOURCES

In determining the lowest responsible, responsive bidder, the City will conduct an evaluation of the financial capacity, strength and resources of the contractor in an effort to ensure timely and satisfactory completion of the project and to protect the City from the risk of default by a contractor due to financial instability. The analysis will include an evaluation of specific financial indices and ratios in an effort to maximize objectivity and provide measures that are more directly comparable among contractors. Relevant information regarding judgments, liens, litigation and bankruptcy filings, which may materially affect a contractor’s financial strength or position, will be examined. In addition to credit ratings and credit reports, bank and vendor references may be used to evaluate the credit worthiness of each contractor. The City may also look at other facts including but not limited to the years of experience in performing similar work/projects, timeliness in

9 | P a g e paying subcontractors and demonstration of the contractor’s ability to obtain sufficient levels of liability and property damage insurance. The Contractor understands that if the City determines that the Contractor’s financial capacity, strength and resources are inadequate for the project or contract upon which the Contractor has placed a bid, the City may consider and reject the Contractor/Contractor’s bid as the lowest responsible responsive bidder/bid.

20. AWARD OF CONTRACT; REJECTION OF BIDS

The Owner reserves the right to hold bids for a period of sixty (60) days, unless specified otherwise in the advertisement for bids, after the bid opening before awarding the Contract for the purpose of reviewing the bids and investigating the qualifications of the Bidders.

The Owner intends to award a contract to the lowest responsive, responsible bidder, complying with the conditions of the bidding documents. The apparent winning bidder will be notified of these intentions at the earliest possible date. The Owner, however, may at its sole discretion reject any or all bids submitted and to waive any informality in the bidding procedures. The Owner reserves the right to award a contract that is in the best interest of the City.

The Owner reserves the right to reject any bid if the evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such Bidder is properly qualified to carry out the obligations of the contract and to complete the work contemplated therein.

21. EXECUTION OF AGREEMENT

The successful Bidder will be required to execute a Construction Contract herein included by reference within ten days (10) days after award and presentation of contract documents. The successful bidder(s) shall execute and deliver to the Owner in such number of copies as the Owner may require. The failure of the successful bidder to execute such agreement within ten (10) days after award, or within such extended period as the

Owner may grant, shall constitute a default; and the Owner may either award the contract to the next lowest responsible bidder or readvertise for bids. If the successful bidder fails to execute the contract the Owner shall retain the bid guarantee as outlined in these instructions.

22. OUTSTANDING DEBT OR OBLIGATION

If there is an outstanding debt or obligation due the City, Contractor acknowledges that the City reserves the right not to award this contract or to structure a payment agreement with said Contractor. The City may otherwise opt to offset any payments otherwise due the Contractor for this contract, and Contractor must agree to such terms if awarded this contract. If the Contractor assigns any monies due or to become due under this

Agreement, such assignment will be subject to all set-offs in favor of the City.

23. PERFORMANCE AND PAYMENT BOND – required on contracts greater than $50,000.00 that are part of a total project greater than $300,000.00.

Having satisfied all conditions of the award set forth elsewhere in these documents, the successful bidder(s) shall furnish, within ten (10) days after award, the following:

1. A Performance Bond in the amount of one hundred percent (100%) of the Construction Contract amount, conditioned upon the faithful performance of the Contract in accordance with the plans, specifications and conditions of the Contract. Such bond shall be solely for the protection of the contracting body which awarded the Contract.

2. A Payment Bond in the amount of one hundred percent (100%) of the Construction Contract amount, conditioned upon the prompt payment for all labor or materials for which a Contractor or Subcontractor is liable. The Payment Bond shall be solely for the protection of the persons furnishing materials or performing labor for which a Contractor or Subcontractor is liable.

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Such bond shall be in the same form as that indicated in the contract documents and shall bear the same date subsequent to that of the agreement. The current Power of Attorney for the person who signs for any surety shall be attached to such bond. This bond shall be signed by a guarantee or surety company licensed to do business in the State of North Carolina and the agent MUST be a North Carolina resident.

The failure of the successful bidder to supply the required bonds within ten (10) days after award, or within such extended period as the Owner may grant, shall constitute a default; and the Owner may either award the contract to the next lowest responsible bidder or re-advertise for bids. If the successful bidder fails to provide satisfactory surety, the Owner shall retain the bid guarantee as outlined in these instructions.

24. ERRORS, OMISSIONS, AND DEVIATIONS

The Contractor is responsible for all errors, omissions, and deviations from the Contract requirements.

25. EQUAL EMPLOYMENT OPPORTUNITY

Attention of bidders is particularly called to the requirement for ensuring that employees and applicants for employment are not discriminated against because of race, color, religion, gender, political affiliation, national origin or handicapped.

26. OSHA COMPLIANCE PLAN/POLICY

Contractor will be required to submit a copy of the company’s current written OSHA Compliance Plan/policy within 48 hours of request. No field work shall take place until the plan has been submitted and reviewed by the City Safety Officer.

27. AMERICAN WITH DISABILITIES ACT (ADA)

The contractor shall comply with the provisions of the Americans with Disabilities Act (ADA)

(www.ADA.gov) as amended from time to time and all rules and regulations promulgated thereunder. The contractor hereby agrees to indemnify the Owner from and against all claims, suits, damages, costs, losses and expenses in any manner arising out of or connected with the failure of the contractor, its subcontractors, agents, successors, assigns, officers or employees to comply with the provisions of the ADA or rules and regulations promulgated thereunder.

28. FAMILIARITY WITH LAWS

It is assumed that the bidders are familiar with local, state and federal laws, rules, ordinances, and regulations that may in any manner affect those engaged or employed in the work, or the materials or equipment used in or upon the work, or in any way affect the conduct of the work. No plea for misunderstanding or ignorance on the part of the contractor will in any way serve to modify the provisions of the contract.

It is the expectation of the City that the Contractor will comply, and the Contractor agrees to comply with all applicable federal immigration laws in its hiring and contracting practices relating to services covered by this contract involving City funds.

The Contractor agrees that in carrying out the contract he will comply with all applicable, federal, state and local laws, specifically including, without limitations, the Occupational Safety and Health Act of 1970 and

Section 1324A, The Immigration Reform and Control Act.

29. CONTRACTORS RESPONSIBILITIES

The Contractor shall be responsible for any damage caused by him or his workmen to property of the owners.

He shall make good in an approved manner at his own expense any such loss, damage, or injury without cost to the owner. The contractor shall also assume all responsibility to maintain all existing protection as required by the governing laws, regulations, ordinances, and safety of personnel and visitors. If the Contractor fails to make satisfactory repairs, the Owner will repair any damage by Contractor or his workmen and deduct cost from the contract. The Contractor shall provide all labor, equipment, materials, insurance, permits, and abide http://www.ada.gov/

11 | P a g e by all applicable Local, State, and Federal codes to complete the scope of work as outlined in the plans and specifications provided by the Owner.

30. OPERATION OF TOOLS AND EQUIPMENT

The Contractor shall operate the tools and equipment in a safe manner and at such times so as not to create a hazard. The City of Goldsboro will not be held responsible for equipment or materials left at the sites unattended.

31. PROSECUTION OF THE WORK

If the Contractor fails to prosecute the work as directed or fails to perform the work in a manner satisfactory to the City of Goldsboro, the work may be performed with other forces. The cost of the work so performed will be deducted from any monies due the Contractor.

32. INSPECTION/ CANCELLATION

All work shall be subject to inspection by the City of Goldsboro designee at any time. Routinely, periodic inspections will be done of the completed work. If the Contractor consistently performs unsatisfactory work the contract may be canceled upon fifteen (15) days written notice.

33. CLEAN UP

Upon completion of all work covered in this specification the Contractor shall remove all equipment, material, and debris leaving the area in an undamaged and acceptable condition. The Contractor shall be responsible for all disposal fees and provide own dumpster, if applicable.

34. PROJECT SCHEDULE

The Contractor is responsible for the coordination of his work with the Owner and its consultant to insure timely completion of this service. The project is to be completed without interruption once begun.

35. PAYMENTS TO SUBCONTRACTORS

Based upon concerns about the non-payment of subcontractors and efforts to hold contractors accountable for paying subcontractors in a timely manner, the City reserves the right to disqualify bidders and to remove a bidder from the bidders’ list for future city construction and repair contracts for failure to make, on more than one occasion with the same or a different subcontractor and on the same or a different City project, timely payments to subcontractors without a reasonable basis, as determined by the city, for such payment failure.

The contractor has an opportunity to appeal the removal decision to City Council. If said decision is not appealed or an appeal is not timely filed, the decision becomes final. The period of removal shall not exceed three years.

36. PROJECT COMPLETION

All materials, SDS, product data and copies of Manufacturer’s specifications, installations instructions, and warranties shall be provided to the Owner at completion of project.

37. LIQUIDATED DAMAGES

The sum of TWO HUNDRED DOLLARS ($200) per day as liquidated damages, for which the contractor and his sureties shall be liable, to be paid by the contractor to the City of Goldsboro for each calendar day beyond the date stipulated for completion on which any part of the work required under the contract shall not have been fully and satisfactorily completed. The determination of whether the demolition work has been satisfactorily completed shall remain within the sole discretion of the City of Goldsboro

38. PAYMENTS AND FINAL PAYMENT

Payments are NET 30 days with itemized invoice or pay request. Prior to final payment, the Contractor will be required to submit the Contractor’s Affidavit, Release and Waiver of Claims form as shown at the end of

12 | P a g e this proposal and any other forms required in this contract (i.e. warranties, etc.). Payment of the final amount due the Contractor shall release the Owner from all claims or liabilities on account of the work performed and the materials furnished upon the work.

Whenever in the opinion of the Project Manager the work proposed shall have been completely performed on the part of the Contractor and after the final acceptance of the work, the Owner will proceed with all reasonable diligence to make the final payment, excepting therefrom such sum or sums as may be lawfully retained under any of the provisions of the Contract. The Contractor hereby further agrees that it shall not be entitled to demand or receive payment on partial or final estimates, except in the manner set forth in the Contract. The

Contractor further agrees to procure full releases of all claims from all persons who have furnished materials or labor for the work.

(End of Section)

GENERAL TERMS & CONDITIONS

1. It is agreed and understood that the advertisement for bids, information for bidders, accepted Proposal, general conditions, detailed specifications, bid request, addenda and drawings are a part and parcel of this Contract, to the same extent as if incorporated herein in full.

2. INDEPENDENT CONTRACTOR: CITY and CONTRACTOR agree that CONTRACTOR is an independent contractor and shall not represent itself as an agent or employee of CITY for any purpose in the performance of CONTRACTOR’s duties under this Contract. Accordingly, CONTRACTOR shall be responsible for payment of all federal, state and local taxes as well as business license fees arising out of

CONTRACTOR’s activities in accordance with this Contract. For purposes of this Contract taxes shall include, but not be limited to, Federal and State Income, Social Security and Unemployment Insurance taxes.

3. COMPLIANCE WITH LAWS: CONTRACTOR represents that it is in compliance with all Federal, State, and local laws, regulations or orders, as amended or supplemented. The implementation of this Contract shall be carried out in strict compliance with all Federal, State, or local laws.

4. LICENSURE, CERTIFICATION, AND REGISTRATION OF PERSONNEL: All personnel provided or made available by Contractor to render services hereunder shall be licensed, certified or registered, as appropriate, in their respective areas of expertise as required by applicable North Carolina law for the duration of this contract.

5. NON-DISCRIMINATION: CONTRACTOR shall not discriminate against any employee or applicant for employment because of age, sex, race, creed, national origin, or disability. CONTRACTOR shall take affirmative action to ensure that qualified applicants are employed and that employees are treated fairly and legally during employment. In the event CONTRACTOR is determined by the final order of an appropriate agency or court to be in violation of any non-discrimination provision of federal, state, or local law or this provision, this Contract may be canceled, terminated or suspended in whole or in part by CITY, and CONTRACTOR may be declared ineligible for further CITY contracts.

6. NON-APPROPRIATION CLAUSE: CONTRACTOR acknowledges that the CLIENT is a governmental entity and the validity of this Agreement, and any renewals or extensions thereof, is based upon the availability of public funding under the authority of its statutory mandate. In the event that public funds are not available and not appropriated for the performance of the CLIENT’s obligations under this Agreement, then this

Agreement shall automatically expire without penalty to the CLIENT 30 days after written notice to

VENDOR of the non-appropriation of public funds.

7. CHANGES: This Contract can only be changed by an agreement in writing signed by both the City and the

Contractor. No variations, alterations, deviations, deletions or extra work can be made unless both the City and the Contractor specifically agree in writing.

8. DISPUTE RESOLUTION: Contractor and City shall attempt to resolve conflicts or disputes under this

Agreement in a fair and reasonable manner and agree that if resolution cannot be made to attempt to mediate the conflict by a professional mediator. If mediation does not settle any dispute or action which arises under this Agreement or which relates in any way to this Agreement or the subject matter of this Agreement within ninety (90) days after either party requests mediation, the dispute or conflict shall be subject to litigation. This

Agreement shall be governed by, and construed in accordance with, the laws of the State of North Carolina.

Venue for resolution of any dispute shall be in Wayne County, North Carolina.

9. TERMINATION: The CITY reserves the right to immediately terminate any agreement in excess of $10,000 resulting from this procurement process in the event of a breach or default of the agreement by Contractor, in the event Contractor fails to: (1) meet schedules, deadlines, and/or delivery dates within the time specified in the procurement solicitation, contract, and/or a purchase order; (2) make any payments owed; or (3) otherwise perform in accordance with the contract and/or the procurement solicitation. The CITY also reserves the right to terminate the contract immediately, with written notice to Contractor, for convenience, if the CITY believes, in its sole discretion that it is in the best interest of the CITY to do so. The Contractor will be compensated for work performed and accepted and goods accepted by the CITY as of the termination date if

14 | P a g e the contract is terminated for convenience of the CITY. Any award under this procurement process is not exclusive and the CITY reserves the right to purchase goods and services from other vendors when it is in the best interest of the CITY.

10. INSURANCE: The CONTRACTOR, upon execution of this Contract, shall furnish to the CITY a Certificate of Insurance reflecting the minimum limits stated in “Schedule B” including General Liability coverage and Worker’s Compensation regardless the number of employees. The Certificate shall provide for thirty (30) days advance written notice in the event of a decrease, termination, or cancellation of coverage. Providing and maintaining adequate insurance coverage is a material obligation of the CONTRACTOR. All such insurance shall meet all laws of the State of North Carolina. Such insurance coverage shall be obtained from companies that are authorized to provide such coverage and that are authorized by the Commissioner of Insurance to do business in North Carolina. The CONTRACTOR shall at all times comply with the terms of such insurance policies, and all requirements of the insurer under any such insurance policies, except as they may conflict with existing North Carolina laws or this Contract. The limits of coverage under each insurance policy maintained by the CONTRACTOR shall not be interpreted as limiting the CONTRACTOR’s liability and obligations under the Contract.

11. INDEMNITY: To the fullest extent permitted by laws and regulations, CONTRACTOR shall indemnify and hold harmless the CITY and its officials, agents, and employees from and against all claims, damages, losses, and expenses, direct, indirect, or consequential (including but not limited to costs related to court action or arbitration) arising out of or resulting from CONTRACTOR’s performance of this Contract or the actions of the CONTRACTOR or its officials, employees, or contractors under this Contract or under contracts entered into by the CONTRACTOR in connection with this Contract. This indemnification shall survive the termination of this Contract.

12. OWNERSHIP OF MATERIALS: The Contractor will continue to own all materials delivered and work performed until paid for by the City. The Contractor will have access to these materials and work at all reasonable times.

13. CARE OF PROPERTY: The Contractor will protect the work, materials, property and adjacent property from damage or loss. The Contractor will also take proper precautions for the safety of the public. The

Property will be kept free of waste, rubbish and surplus materials. The Contractor will leave the Property

“broom clean” before being entitled to the final payment under this Contract. The Contractor will also pay for, repair or replace any damage or loss caused by the Contractor’s failure to perform this Contract.

14. PERMITS & BUSINESS REGISTRATION: The Contractor shall secure and pay for all permits, including without limitation construction permits and licenses, and will pay all governmental charges and inspection fees necessary for the completion of the Work.

15. CONTRACTOR’S CONTINUING LIABILITY: The Contractor will be liable for defective, faulty or improper materials or workmanship. Upon written notice, the Contractor will immediately remedy all defects, faults or omissions and complete all unfinished work.

16. NOTICES: All notices under this Contract must be in writing. The notices must be delivered personally or mailed by certified mail, return receipt requested, to the other party at the address written in this Contract or to that party’s attorney.

17. FEDERAL TAXES: The City of Goldsboro is exempt from and will not pay Federal Excise or Transportation taxes.

18. NORTH CAROLINA SALES TAX: The City of Goldsboro is Not exempt from and will pay North Carolina Sales and Use Taxes.

19. GOOD STANDING WITH CITY: CONTRACTOR certifies that it is not delinquent on any taxes, fees, or other debt owed by CONTRACTOR to the CITY. CONTRACTOR covenants and agrees to remain current on any taxes, fees, or other debt owed by CONTRACTOR to CITY during the Term of this Contract.

20. SUSPENSION AND DEBARMENT:

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20.1. The contractor certifies to the best of his or her knowledge and belief, that the applicant and its principals:

20.1.1. are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any Federal, State or Local Department or agency.

20.1.2. have not within a 3-year period preceding this proposal been convicted of or had a valid judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State, or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

20.1.3. are not presently indicted or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses enumerated in paragraph (b) of this certification; and

20.1.4. Have not within a 3-year period preceding this application/proposal had one or more public transactions (Federal, State, or local) terminated for cause or default.

20.2. The applicant agrees that it will include this certification, without modification, in all lower tier covered transactions (i.e., transactions with sub- grantees and/or contractors) and in all solicitations for lower tier covered transactions.

21. GOVERNING LAW: This Contract shall be governed by and in accordance with the laws of the State of

North Carolina. All actions relating in any way to this Contract shall be brought in the General Court of Justice in the County of Wayne and the State of North Carolina.

22. E-VERIFY: As a condition of payment for services rendered under this agreement, CONTRACTOR shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further, if CONTRACTOR provides the services to the City utilizing a subcontractor, CONTRACTOR shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes as well. CONTRACTOR shall verify, by affidavit, compliance of the terms of this section upon request by the City.

23. IRAN DIVESTMENT ACT: Contractor certifies that, as of the date of this document, it is not on the Final

Divestment List as created by the State Treasurer pursuant to NC General Statutes, Article 6E Iran Divestment

Act and is in compliance with the requirements of the act. The contractor shall not utilize in the performance of the contract any subcontractor that is identified on the Final Divestment List. Contracts valued at less than

$1,000.00 are exempt from this restriction.

24. DIVESTMENT FROM COMPANIES THAT BOYCOTT ISRAEL: The vendor or contractor certifies that it has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to NC General Statutes, Article 6G Divestment From Companies Boycotting Israel. It is the responsibility of each vendor or contractor to monitor compliance with this restriction. Contracts valued at less than $1,000.00 are exempt from this restriction.

25. FEDERAL FUNDS

If the source of funds for this contract is federal funds, the following federal provisions apply pursuant to 2

C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II (as applicable):

Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40 U.S.C. 3141-3148); Copeland

“Anti-Kickback” Act (40 U.S.C. 3145); Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-

3708); Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-

1387); Debarment and Suspension (Executive Orders 12549 and 12689); Byrd Anti-Lobbying Amendment

(31 U.S.C. 1352); Procurement of Recovered Materials (2 C.F.R. § 200.322); and Record Retention

Requirements (2 CFR § 200.324)

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INSURANCE REQUIREMENTS

1. The Insurance Company must be located and licensed to do business in the United States.

2. The Insured Name on the certificate must be identical to the Legal Entity name listed on the exhibit contract.

3. The Additional Insured Column must indicate an endorsement is included.

4. Policy period must cover the dates of the contract or service period.

5. Minimum General Liability insurance limits:

a. General Service Contract

i. $1,000,000.00 Any One Occurrence

ii. $1,000,000.00 Any One Person or Organization

iii. $2,000,000.00 Products/Completed Operations Aggregate

iv. $2,000,000.00 General Aggregate (Per Project)

b. Construction and Repair (Real Property) Contract

i. $1,000,000.00 Each Accident

ii. $2,000,000.00 Each Accident (Preferred Limit)

6. Workers Compensation, although not required by the State of North Carolina if the employer has less than 3 employees, coverage is required by the City of Goldsboro with the following limits:

a. General Services Contract

i. $500,000.00 Each Accident

ii. $500,000.00 Each Employee for Injury by Disease

iii. $500,000.00 Aggregate for Injury by Disease

b. Construction and Repair (Real Property) Contract

i. $1,000,000.00 Each Accident

ii. $1,000,000.00 Each Employee for Injury by Disease

iii. $1,000,000.00 Aggregate for Injury by Disease

7. Other types of coverage may be required by the City depending on the type of labor/service being procured. Coverage requirements and limits will be determined for individual contracts during the project procurement process. (Examples: Auto, Umbrella, Professional Liability)

8. In the Description of Operations box, name the City of Goldsboro, its officers, employees and agents as additional insured using the quoted text provided in paragraph 10.a.

9. The City of Goldsboro shall be named a Certificate Holder.

City of Goldsboro

Attn: Finance Department

P.O. Drawer A

Goldsboro, NC 27533

10. An Additional Insured Endorsement (Form CG 2026) must be attached to the certificate.

a. The Additional Insured Endorsement Form CG2026 (sometimes referred to as an

Indemnification Binder) must include the text “The City of Goldsboro, its officers, employees and agents are additional insured under this insurance policy as required by written contract subject to policy terms, conditions or exclusions.”

11. The Policy Number on the endorsement page must match the policy number on the Certificate of

Liability Insurance.

12. The City reserves the right to require additional insurance limits and/or endorsements depending on the services provided.

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SCOPE OF WORK

PART 1 GENERAL

1. DESCRIPTION

a. The City of Goldsboro Parks and Recreation Department, Golf Course, located at 1501 S Slocumb St, Goldsboro, NC 27530.

b. The successful Contractor shall provide the labor, materials, equipment, transportation, installation, startup, testing, and related services necessary for the replacement of the existing pump station at the

Goldsboro Municipal Golf Course. The project shall include the furnishing and installation of a new centrifugal booster VFD pump station, connection to the existing intake and discharge piping, removal and disposal of the existing pump station, and all work necessary to place the new pump station into service.

c. The pump station shall be installed within the existing pump house, which is approximately 750 square feet. See attached supporting photos.

2. EXTENT OF WORK

a. Provide all labor, material, tools, equipment, and supervision necessary to complete the work.

b. The contractor shall be fully knowledgeable of all requirements of the contract documents and shall make themselves aware of all job site conditions that will affect their work.

c. The contractor shall confirm all the information given and advise the building owner, prior to bid, of any conflicts that will affect their cost proposal.

d. Project must be completed to the owner’s satisfaction, within sixty (120) calendar days after notice to proceed. Work must be continuous until complete. Work will not be allowed on weekends and holidays observed by the City of Goldsboro.

3. SUBMITTALS

a. Prior to starting work, the contractor must submit the following:

i. Sample of the contractor and materials warranties.

ii. Contractors warranty on workmanship must be for a term no less than time specified in Part 3 –

Execution, #2 Detail from acceptance of the project as complete.

4. PRODUCT DELIVERY, STORAGE AND HANDLING

a. All contractor materials must be delivered to the jobsite in sufficient quantity to permit work to continue without interruption.

b. Any materials which are found to be damaged shall be removed and replaced at the Contractor’s expense.

5. WORK SEQUENCE

a. Schedule and execute work to occur during daylight hours. Begin work no earlier than 7:00AM, scheduled facility opening.

b. Make repairs to the grounds including fine grading, repair of ruts and seeding if areas are damaged during construction.

6. USE OF THE PREMISES

a. Before beginning work, the contractor must secure approval from the owner’s representative for the following:

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i. Areas permitted for personnel parking

ii. Access to the site

iii. Areas permitted for storage of materials and debris

iv. Areas permitted for the location of cranes, hoists and chutes for loading and unloading materials

7. EXISTING CONDITIONS

a. If discrepancies are discovered between the existing conditions and those noted on the drawings, immediately notify the owner’s representative by phone and solicit the designer’s approval prior to commencing with the work.

8. PRE-BID CONFERENCE

a. A pre-bid conference will not be held.

9. TEMPORARY FACILITIES AND CONTROLS

a. Temporary Utilities:

i. Water for construction purposes is available at the site and will be made available to the contractor.

ii. The contractor must provide all hoses, valves, and connections for water use from source designated by the owner when made available.

iii. Power is available on site. A temporary service may be installed, or the contractor may utilize generators.

iv. When available, electrical power should be extended as required from the source. Provide all trailers, connections and fused disconnects.

b. Temporary Sanitary Facilities

i. The contractor is responsible for…