HACL-2026-025 - Sewer Line Replacement.pdf

HACL-2026-025

Sewer Lateral Line Replacement

307 Martin Luther King Jr. Drive Lumberton, NC 28358

(910) 671-8200 www.lumbertonhousing.org

Information for Bid (IFB) - Rebid

Sewer Lateral Line Replacement in Turner Terrace Lumberton, NC 28358

Issue Date: May 18, 2026

Pre-Bid Meeting/Site Tour: Tuesday, June 2, 2026, at 2:00 PM

Deadline for Questions: Friday, June 5, 2026, at 12:00 PM

Bid Due Date/Public Bid Opening: Tuesday, June 16, 2026, at 2:30 PM

This notice invites qualified contractors to submit bids for the replacement of sanitary sewer drain lines. We invite you and your firm to respond to this IFB. Please review carefully all sections of the IFB, paying particular attention to the due date and time listed above.

All inquiries shall be submitted through Housing Agency Marketplace.

http://www.lumbertonhousing.org/

IFB COVERSHEET

SEALED BID

Issue Date: May 18, 2026

Title: Sewer Lateral Line Replacement

Due Date/Bid Opening: Tuesday, June 16, 2026, at 2:30 PM

Issuing Agency: Housing Authority of the City of Lumberton+ 307 Martin Luther King Jr. Drive Lumberton, NC 28358

Period of Contract: The initial term or period of the contract shall be 120 days with the effective date to be determined at time of award.

All inquiries should be submitted to Lumberton Housing Authority.

Bids should be sent to Lumberton Housing Authority. The offeror is fully responsible for ensuring that your proposals arrive in completion at the designated location.

In compliance with this Invitation for Bid and to all the conditions imposed therein and hereby incorporated by reference, the undersigned offers and agrees to furnish the goods/services in accordance with the attached signed bid or as mutually agreed upon by subsequent negotiations. The undersigned further certifies that he/she is authorized to sign this document on behalf of the submitting firm.

______________________________________ Date: __________________________________ Name of Firm

______________________________________ Sign: ____________________________________ Address of Firm

______________________________________ Name: _________________________________ City and State Zip Code Print Name and Title

Phone No.: _____________________________ Fax No.: ________________________________

Email: _________________________________ FEI/FIN No.: _____________________________

NOTE: Changes to this IFB may be issued in the form an addendum at any time prior to the due date and time for submitting proposals. Housing Agency Marketplace will send any addendums to any vendor who directly received a copy of the IFB. Any vendor who did not directly receive a copy of the IFB from Housing Agency Marketplace is encouraged to visit the web site regularly to learn of any changes to the solicitation. HACL’s purchasing regulations require each offeror to acknowledge receiving a copy of the addendum by the bid due date and time or included with the firm's response to the solicitation.

TABLE OF CONTENTS

I. PURPOSE

II. BACKGROUND

III. SMALL, PHA RESIDENT-OWNED, WOMEN-OWNED, MINORITY OWNED AND

SECTION 3 BUSINESSES AND INDIVIDUAL PARTICIPATION

IV. GENERAL REQUIREMENTS

V. THE CONTRACTOR

VI. STATEMENT OF WORK

VII. SCOPE OF WORK

VIII. WARRANTY

IX. DAVIS BACON

X. PROPOSAL PREPARATION AND SUBMISSION INSTRUCTIONS

XI. IFB RIGHTS

XII. PRE-BID MEETING/SITE TOUR

XIII. METHOD OF PAYMENT

XIV. ATTACHMENTS

A. Site Details and Plans

B. HACL Specs

C. Bid Bond

D. Performance Bond

E. Payment Bond

F. Bid Proposal Forms

G. Statement of Offeror’s Qualification

H. NC Affidavit of Compliance E-Verify

I. HUD Form 5369 – Instructions to Offerors

J. HUD Form 5369-A Representation Certification Statement

K. SAM.gov Registration

L. HUD Form 5370 – General Conditions for Construction Contracts

M. Non-Collusive Affidavit

N. HUD Form 2992 – Certification Regarding Debarment and Suspension

O. HUD Form 51000 – Schedule of Amounts for Contract Payments

P. HUD Form 51001 - Periodic Estimate for Partial Payment

Q. HUD Form 51002 - Schedule of Change Order

R. HUD Form 51003 – Schedule of Materials Stored

S. HUD Form 51004 – Summary of Materials Stored

T. HUD Form 50071 – Certification of Payment to Influence Federal Transactions

U. HUD Form 92554M – Supplementary Conditions to the Construction Contract

V. HUD Form 2554 - Supplementary Conditions of the Contract for Construction

W. HUD Form 4010 – Federal Labor Standards Provision

X. HUD Form 92010 - Equal Employment Opportunity Certification

Y. HUD Form 11 - Record of Employee Interview

Z. Form SFLLL – Disclosure of Lobbying Activities

AA. HUD 5372 – Construction Progress Schedule

BB. Davis Bacon Wage Decision

CC. US Department of Labor Certified Payroll Form WH-347

DD. HACL’s Vendor Packet

EE. Section 3 Certification Packet

FF. HUD Form 2530 Previous Participation Certification

GG. Previous EPA Testing

I. PURPOSE

HACL is seeking bid proposals from qualified and experienced General Contractors who have a successful history in sewer lateral line replacement. The project includes the replacement of a failed 6-inch sewer lateral line from house to main. Contractors must provide all necessary permits, transportation, supervision, labor, licenses, tools, equipment, services, and expertise to perform contractual services.

II. BACKGROUND

Housing Authority of the City of Lumberton (HACL) was chartered by the City of Lumberton, North Carolina in 1949 as a government unit to provide low-income citizens with safe, clean, and affordable housing and help improve their quality of life. The City Mayor appoints the Board of Commissioners; we currently have a seven (7) member board. The Housing Board governs the hiring of the Executive Director and has ultimate responsibility to ensure that the agency operates in compliance with HUD and Federal Government policies. HACL is responsible for the administration of 729 public housing units dispersed in 12 communities throughout the city.

III. SMALL, PHA RESIDENT-OWNED, WOMEN-OWNED, MINORITY-OWNED AND

SECTION 3 BUSINESSES AND INDIVIDUAL PARTICIPATION

HACL is committed to providing quality housing and economic opportunities for our residents and the neighborhoods we serve. One of the major requirements for this is Section 3 of the HUD Act of 1968, which requires that HUD funds provide low-income individuals with a springboard for economic empowerment through direct participation in construction and other activities that are designed to physically improve and revitalize the communities in which they live.

It is the policy of the Housing Authority of the City of Lumberton to contribute to the establishment, preservation, and strengthening of small businesses, businesses owned by women, minorities and Section 3 businesses and individuals to encourage their participation in procurement activities.

HACL encourages contractors to provide for the participation of small businesses, businesses owned by women, minorities, and Section 3 businesses and individuals through partnerships, joint ventures, subcontracts, or other contractual opportunities. If you are not a Section 3 business concern, then a plan for involvement of these types of businesses is required.

By submitting a bid, the Offeror certifies that all information provided in response to this IFB is true and accurate.

IV. GENERAL REQUIREMENTS

1. Bonds. As this solicitation pertains to public works or construction, the bonds that are required include (each required for construction bids and/or contracts in excess of $100,000):

1.1 Bid Bond. The bid bond or guarantee shall be included in the bid package submitted by each bidder for any proposed fee that is greater than $100,000. This bond ensures that if awarded the contract, the bidder will accept and perform the work under the contract. It also ensures that the bidder will not attempt to withdraw or otherwise not fulfill the contract. Finally, the bid bond ensures that the bidder will execute the contractual documents that are required within the time specified in the solicitation or forfeit all or part of the guarantee. A certified check, bank draft, U.S. Government Bonds at par value, bid bond secured by an acceptable surety company, or other negotiable instrument may be accepted as a bid guarantee. If the successful bidder refuses to sign the contract after award, the bid bond is forfeited, and award will go to the next lowest responsive and responsible bidder. If a bid bond or guarantee is not submitted with the bid, the Agency will reject the bid as non-responsive. The Agency anticipates that it will not return any bid bonds until the contract has been awarded and the required performance and payments bonds have been furnished until all bids have been rejected; or the time specified for acceptance of bids has expired. In fairness to the other bidders, the Agency may also choose to return the bid bonds if the Agency has a firm and reasonable assurance that the responsive and responsible bidder who submitted the lowest cost will execute the contract.

1.2 Performance Bond. The performance bond is meant to ensure that the contract is successfully completed. The performance bond guarantees that if the Contractor is unable to complete the contract, the surety company will step in to finish the work. In the case of a letter of credit or cash escrow, the Agency may use these funds to complete the contract work.

1.3 Payment Bond. The payment bond is a method of ensuring that the Contractor pays the subcontractors and suppliers. By requiring payment bonds, the Agency avoids becoming entangled in disputes concerning payment of subcontractors and suppliers by the general contractor. The surety underwriting the payment bond ensures the contractors and suppliers will be paid. Often, performance and payment bonds are combined into a single document. Failure to pay subcontractors for work performed in commercial contracts may often lead to the subcontractor filing a mechanic’s lien against property owners to obtain payment for services rendered. The Agency contract requires the payment bond to prevent this problem and ensure that no liens will be filed against any Agency building or lot of ground. As a reminder, Clause 24 of form HUD- 5370, General Conditions of the Contract for Construction (Attachment K, attached hereto) clearly forbid the placement of liens and is binding on any contractor, subcontractor, and material supplier.

1.4 Bonding Companies. An acceptable surety (bonding) company is one that is authorized to do business in the State of North Carolina and is acceptable to HUD and the Agency. The surety must be listed on the most recently published U.S. Treasury Circular 570 (often referred to as the T-List). Individual sureties are not permitted.

Circular 570 is available from the U.S. Department of the Treasury, Financial Management Service, Surety Bond Branch, Room #262C, 401 14th Street, S.W., Washington, D.C. 20227. The T-List may also be accessed on the Internet at:

http://www.fms.treas.gov/c570/index.html.

1.5 Bonding Requirements. To encourage participation by a broad range of competitors, including small and minority firms, HUD has provided for alternate bid and contract guaranties. These apply to all construction projects greater than $100,000 (though, at the Agencies discretion, may apply to smaller projects), whether development or modernization, funded pursuant to the U.S. Housing Act of 1937, as amended. As a result, the contractors for all construction projects shall be required to submit the following bid and contract guarantees. Please note that only the bid bond is required at time of bid; however, one of the purposes of the bid bond is to provide the Agency with assurance that the successful bidder will indeed obtain the necessary performance and payment bonds. Required bonds include a bid guarantee from each bidder, equivalent to 5% of the bid price and, from the successful bidder, one of the following:

http://www.fms.treas.gov/c570/index.html

1.5.1 A performance and payment bond for 100% of the contract price; or

1.5.2 Separate payment and performance bonds each for 50% or more of the contract price; or

1.5.3 A 20% cash escrow; or

1.5.4 A 25% irrevocable letter of credit.

1.6 Inadequate Surety. If the low bidder fails to provide an acceptable assurance of completion (payment and performance bonds) after award of the contract, the Agency may consider the bid guarantee forfeited and notify the surety company. The contract is then terminated for default. The amount to be recovered from the bid bond or guarantee will typically equal at least the difference between the defaulted bid and the next higher acceptable bid or the amount by which the bid accepted by re-soliciting exceeds the defaulted contract.

No bid may be withdrawn after the scheduled closing time for the receipt of bids for a period of sixty

(60) days.

V. THE CONTRACTOR

1. HACL requires the observance of minimal acceptance standards of conducting business by the

“Contractor” and his employees, in the execution of this contract and that the “Contractor” agrees to the adherence of said standards which are set forth as follows:

1.1. Uniforms shall properly identify all employees with the name of the firm prominently displayed, on/or, at a minimum, they shall have picture identification cards prominently displaying the employee’s name and company name. Regardless of the method of identification, the employee shall always be properly dressed in a professional manner.

1.2. The “Contractor” shall always ensure proper supervision of personnel. Any complaints or problems with employees shall be dealt with within twenty-four (24) hours. The “Contractor” will provide a contact telephone number, at her/his/their business location, which will allow the Authority to contact the Contractor regarding complaints or problems. This number shall always remain connected and active during the life of the contract.

1.3. Inspection of work performed shall be conducted, as HACL deems necessary. During these inspections, an HACL representative shall identify all areas that have substandard conditions. Failure of the “Contractor” to correct the problems within twenty-four (24) hours or the recurrence of the problem on the future inspections shall be grounds for immediate cancellation of the “Contractor” for just cause.

1.4. The “Contractor’s” employees shall always exercise care when performing the requested work on the grounds of HACL. Negligent damages to resident and HACL property shall be the responsibility of the “Contractor”.

1.5. Automotive type vehicles (i.e., passenger cars, trucks, etc.) are prohibited from operating in areas other than streets and parking lots.

2. The “Contractor” shall be responsible for the equipment. HACL shall not be liable for any damage to the equipment used by the “Contractor” in performing this contract regardless of if the equipment is leased or owned by the “Contractor”.

3. Subject to the power and authority of HACL as provided by law in this contract, HACL shall be in all cases determined by the quality, and acceptability of the work, materials and supplies for which payment is to be made under this contract. HACL shall decide the questions that may arise relative to the fulfillment of the contract of the obligations of the contractor hereunder.

4. The issued Notice to Proceed under this Agreement will give the “Contractor” a period of 120 calendar days from start to finish.

5. The “Contractor” shall not pay less than the Davis Bacon Wage Rates, construction type Residential in the locality to all employed on the job as specified by the Department of Labor.

General Decision Number: NC20260063 Published: 01/02/2026 State: North Carolina Construction Type: Building County: Robeson (Attachment BB)

6. The “Contractor” shall comply with the Contract Work Hours Safety Standards Act, by paying to laborers and mechanics (including watchman and guards) no less than one and one half (1 ½) times the basic rate of pay for all hours worked over forty (40) in any work week.

7. The “Contractor” shall be responsible for all damages to HACL that may be caused by or result from defective or improper services or from the failure of the “Contractor” to deliver such services in accordance to the terms of the proposal.

8. The “Contractor” shall be responsible for and required to make good at its expense any and all damages arising during the period of this Agreement caused by carelessness, neglect or want of due precaution on the part of the “Contractor” and/or its agents, employees and workmen.

9. The “Contractor” shall complete all work required under this contract within 120 calendar days of the effective date of the Notice to Proceed.

10. The “Contractor” shall not be allowed to excavate more than the amount of work, which can be complete within the workday at a time prior to installation of the trench. The Contractor shall backfill to existing surface all open trenches at the end of each working day.

11. Subject to the powers and authority of HACL as provided by law and this contract, HACL shall in all cases determine the quality and acceptability of the work, materials, and supplies for which payment is to be made under this contract. HACL shall decide all questions that may arise regarding the fulfillment of the contractor’s obligations under this contract.

If job conditions (i.e., extreme heat or wet weather) prohibit the “Contractor” from performing the duties under the contract and meeting the schedule, notification must be given to the Authority’s contract monitor.

VI. STATEMENT OF WORK

The successful bidder shall provide all labor, supervision, permits, licenses, transportation, materials, tools, supplies, equipment, machinery, barricades, signage, warning devices, lighting, insurance, and all other incidental items necessary to complete the work in accordance with the plans, specifications, applicable codes, and contract requirements.

VII. SCOPE OF WORK

NOTE: This project involves the removal and replacement of a failed 6-inch sewer lateral line from house to main, the installation of specific backflow prevention and maintenance access points, and the restoration of impacted pedestrian concrete surfaces within the 300-400 Block of Holly Street apartments.

Contractor shall obtain and pay for all permits, inspections, and utility coordination required for completion of the work.

1. Site Preparation & Safety (Occupied Neighborhood Protocol) Because this is an active residential area, safety and access are the top priorities.

• Mobilization: Transport all equipment and materials to the site.

• Traffic & Pedestrian Control: * Install high-visibility caution barriers (orange construction fencing or barricades) around all active excavation sites.

o Ensure "Sidewalk Closed" signage is placed at the nearest intersections to redirect pedestrians.

• Utility Locates: Call 811 to mark all underground utilities (gas, water, electric, fiber) prior to any mechanical excavation.

2. Demolition & Excavation

• Concrete Saw Cutting: Perform precision saw-cutting of approximately 204 square feet of existing sidewalk to create clean transition joints and minimize cracking to adjacent concrete panels.

• Hardscape Removal: Demolish and remove existing concrete and related debris and dispose of materials at an approved off-site facility in accordance with local regulations.

• Sewer Line Excavation: Excavate along the existing sewer alignment for approximately 430

• linear feet.

o Excavated material will be safely stockpiled or hauled off-site as necessary to maintain resident access and minimize disruption within the neighborhood.

3. Sewer Line & Valve Installation

This phase represents the primary utility infrastructure work. Proper pipe bedding, alignment, and slope will be critical to ensure long-term system performance.

• Sewer Main Replacement: Furnish and install approximately 430 linear feet of 6-inch sewer pipe (SDR-35 or Schedule 40 PVC, per local code requirements), including four (4) cleanouts as indicated on project plans.

• Backwater Check Valves: Install two (2) backwater check valves at 308 and 310 Holly Street to protect residential units from potential sewer backflow events.

• Two-Way Cleanouts: Install two (2) two-way cleanouts at 304–306 Holly Street and 400– 402 Holly Street to allow bi-directional access for maintenance and future sewer cleaning operations.

o Note: Existing two-way cleanouts are already in place at 300–302 Holly Street and 308–

310 Holly Street.

• Pipe Bedding: Install all piping on a minimum 4-inch layer of compacted crushed stone or sand bedding to reduce settlement and prevent pipe stress.

• Sweeps & Connections: Per HACL requirements, install sweep fittings at each tee connection where 4-inch service lines tie into the 6-inch main line.

4. Backfill & Surface Restoration

• Compaction: Backfill trenches in controlled 6-inch to 12-inch lifts, mechanically compacting each layer to minimize future settlement and sidewalk displacement.

• Sidewalk Replacement:

o Prepare the disturbed area with a properly compacted aggregate sub-base.

o Form and pour approximately 204 square feet of 4,000 PSI concrete at a standard 4-inch thickness.

o Apply a broom finish to match existing neighborhood aesthetics while providing a slip-resistant walking surface.

• Final Cleanup: Remove all temporary barriers, construction debris, and equipment from the site. Sweep and restore all affected areas to pre-construction conditions. Contractors shall restore all disturbed grassed areas by seeding and strawing.

Summary of Quantities

Item Description Quantity

Sewer Pipe 6-inch Mainline (PVC) SDR-35 PVC sewer pipe conforming to applicable local code requirements. 430 LF

Concrete Sidewalk Demo & Replace 204 SQ FT

Cleanouts Double Long Sweep 6 Units

Valves Check Valves (Backflow) 2 Units

Safety Caution Barricades/Fencing As Required

Cleanouts Add four additional cleanouts as marked on map 4 (four)

VIII. WARRANTY

The Contractor shall warrant all workmanship and materials furnished under this contract for a period of one (1) year from the date of final acceptance by HACL. During the warranty period, the Contractor shall, at no additional cost to HACL, promptly repair or replace any defective work or materials resulting from faulty workmanship or installation. This warranty shall not apply to damage caused by abuse, vandalism, neglect, acts of God, or improper maintenance by others.

IX. DAVIS BACON

Contractors are obligated to pay prevailing wages to people employed by them for work under this contract. This project will pay no less than Davis Bacon Wage Rates:

General Decision Number: NC20260063 Published: 01/02/2026 State: North Carolina Construction Type: Building County: Robeson (attached).

X. BID PREPARATION AND SUBMISSION INSTRUCTIONS

1. To be considered for selection, offerors must submit a sealed complete response to this IFB.

Electronic submissions will only be accepted through Housing Agency Marketplace.

Submissions by email or fax will not be accepted. Late proposals will not be considered. All bids will become a part of HACL's official files and will not be returned to the bidder.

2. Bid Preparation

2.1 The Offeror's Bid amount must include all permits, parts, materials, labor, taxes, and shipping.

2.2 Bid shall be signed by an authorized representative of the offeror. All information requested should be submitted. Failure to submit all information requested may result in HACL requiring prompt submission of missing information.

2.3 Bids which are substantially incomplete or lack key information may be rejected by HACL or given lowered evaluation of the Bid. Mandatory requirements are those required by law or regulation or are such that they cannot be waived or subject to negotiation.

2.4 Bids should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the IFB.

3. Specific Bid Instruction:

Bids should be as thorough and detailed as possible so that the HACL may properly evaluate your capabilities to provide the required goods/services.

Offerors are required to submit the following items as a complete proposal:

4.1 The IFB cover sheet and all addenda(s) acknowledgment(s), if any, signed and filled out as required. Provide information that the person signing the IFB is authorized to bind the firm(s).

4.2 All HUD Forms, Statement of Offeror's Qualification, attachments to the IFB, and other specific items or data requested in the IFB.

4.3 A list of at least three. (3) references where the Offeror has performed similar services, including, without limitation, references from public housing agencies and/or other governmental clients. Include the names, addresses and telephone numbers of the contact person for each reference as well as a brief description of the services performed.

4.4 Cost of the Bid Proposal. All costs incurred, directly or indirectly, by the Respondent in response to and in preparation of this IFB shall be the sole responsibility of the Respondent and shall be borne by the Respondent. Proposers shall not include any such expenses as part of their proposals.

5. IFB Requirements and Conditions

5.1. Minimum Requirements. This IFB sets forth the minimum requirements that all submissions shall meet. Failure to submit proposals in accordance with this request may render the bid unacceptable.

5.2. Cost of the Bid. All costs incurred, directly or indirectly, by the Respondent in response to and in preparation of this IFB shall be the sole responsibility of the Respondent and shall be borne by the Respondent. Proposers shall not include any such expenses as part of their proposals.

5.3. Clarification to Bids. HACL reserves the right to obtain clarifications of any point in a company’s bid or to obtain additional information necessary to properly evaluate a particular proposal. Failure of a proposer to respond to such a request for additional information or clarification could result in rejection of the company’s response or responses. HACL may conduct interviews with one or more agencies for such purposes.

5.4. Cancellation of the IFB. HACL reserves the right to cancel this IFB at any time, for any reason, and without liability if cancellation is deemed to be in the best interest of HACL. The bidder assumes the sole risk and responsibility for all expenses connected with the preparation of its proposal.

5.5. Collusion. Bidder, by submitting a bid, hereby certifies that no officer, agent, or employee of the HACL has a pecuniary interest in this Bid; that the Bid is made in good faith without fraud, collusion, or connection of any kind with any other proposer;

and that the bidder is competing solely in its own behalf without connection with, or obligation to any undisclosed person or company.

5.6. Insurance Requirements

5.6.1 All contractors and/or professional firms must submit verification of coverage for $1,000,000 General Liability and applicable Workmen’s Compensation coverage with HACL designated as an additional insured for said project prior to the award of Contract.

5.6.2 Proof of Insurance shall not be terminated or expire without thirty (30) days written notice and are required to be maintained in force until completion of the contract. The Contractor shall require all subcontractors or subconsultants used in the performance of this contract to name HACL as an additional insured. Following are the standard types and minimum amounts.

5.6.3 The contractor shall carry all necessary, and required Insurances, as required by the state of North Carolina, including but not limited to:

• Comprehensive Commercial General Liability, coverage shall have minimum limits of $1,000,000 general aggregate, products / completed operations aggregate, personal and advertising injury and each occurrence. This shall include premises and operations, independent contractors, products and completed operations, broad from property damage, XCU coverage and contractual liability. Coverage shall be written on an occurrence basis.

• Commercial Automobile Liability, coverage shall have a minimum limit of $1,000,000 per occurrence combined single limit for bodily injury liability AND PROPERTY DAMAGE LIABILITY. This shall include owned vehicles, hired and non-owned vehicles and employee non-ownership. Within North Carolina Financial Responsibility laws.

• Worker’s Compensation Insurance, coverage to apply for all employees and for statutory limits in compliance with the applicable state and federal laws. The policy must include employers’ liability with a limit of $100,000 each accident, $100,000 bodily injury by disease each employee and $500,000 bodily injury by disease policy limit.

5.6.1 Failure to provide proof of insurance or failure to maintain insurance as required in this bid, or by law; are grounds for immediate termination of the contract. In addition, the awarded bidder should be liable for all procurement costs and any other remedies under law. The Contractor shall provide a certification of Liability Insurance and Workers Compensation.

5.7. Cancellation of the IFB. The HACL reserves the right to cancel this IFB at any time, for any reason, and without liability if cancellation is deemed to be in the best interest of the HACL. The proposer assumes the sole risk and responsibility for all expenses connected with the preparation of this Bid.

5.8. Identification. The Contractor agrees to identify, defend and hold harmless HACL and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising out of this IFB or subsequent contract from any cause whatsoever, including the acts, errors or omissions of any person and for any costs or expenses incurred by HACL on account of any claim therefore, except where such indemnification is prohibited by law.

5.9. Suspension/Debarment. The Contractor shall provide a certification statement that the firm is not debarred, suspended, or otherwise prohibited from professional practice by any Federal, State, or Local agency.

5.10. Americans with Disabilities Act. Proposer must comply with all applicable requirements of federal and state civil rights law and rehabilitation statues.

5.11. Choice of Law. The resulting contract will be entered into within the State of North Carolina and the law of said state, whether substantive or procedural, shall apply to the contract, and all statutory, charter and ordinance provisions that is applicable to public contracts within Robeson County and the state of North Carolina shall be followed with respect to the contract.

5.12. Payment to contractor. Invoicing and payments shall be made to HACL in accordance with the policies and procedures of the Agency. The following HUD forms shall be submitted by the Contractor for payment.

• HUD 51000

• HUD 51001

• HUD 51002

• HUD 51003

• HUD 51004

• US Department of Labor Certified Payroll Forms

6. Proposal Preparation

6.1 Proposals shall be signed by an authorized representative of the offeror. All information requested should be submitted. Failure to submit all information requested may result in HACL requiring prompt submission of missing information. Proposals which are substantially incomplete or lack key information may be rejected by HACL or given lowered evaluation of the proposal. Mandatory requirements are those required by law or regulation or are such that they cannot be waived or subject to negotiation.

6.2 Proposals should be prepared simply and economically, providing a straightforward, concise description of capabilities to satisfy the requirements of the RFP. Emphasis should be placed on completeness and clarity of content.

6.3 As used in this RFP, the terms "must", "shall", "should", and "may" identify the criticality of requirements. "Must" and "shall" identify requirements whose absence will have a major negative impact on the suitability of the proposed solution. Items labeled as "should" or "may" are highly desirable, although their absence will not have a large impact and would be useful, but are not necessary. Depending on the overall response to the RFP some individual "must" and "shall" items may not be fully satisfied, but it is the intent to satisfy most, if not all, "must" and "shall" requirements. The inability of an Offeror to satisfy a "must" or "shall" requirement does not automatically remove that Offeror from consideration; however; it may seriously affect the overall rating of the Offerors' Proposal.

XI. IFB RIGHTS

Right to reject, waive, or terminate the IFB. Reject any or all proposals, to waive any formality in the IFP process, or to terminate the IFB process at any time, if deemed by the Agency to be in its best interest.

Right to Not Award. Not award a contract pursuant to this IFB.

Right to Terminate. Terminate a contract awarded pursuant to this IFB, at any time for its convenience upon 10 days written notice to the successful proposer.

Right to Determine Time and Location. Determine the days, hours and locations that the Contractor shall provide the services called for in this IFB.

Right to Retain Bids. Retain all proposals submitted and not permit withdrawal for a period of 60 days subsequent to the deadline for receiving proposals without the written consent of the Agency Contact Person.

Right to Negotiate. HACL shall retain the right to negotiate the amount of fees that are paid to the successful Offeror, meaning the fees proposed by the apparent successful proposal may be the basis for the beginning of negotiations.

Right to Award. To make an award to the same bidder (aggregate) for all items; to make an award to multiple bidders (including joint venture proposals) for the same or different items; to select a respondent(s) for specific purposes or for any combination of specific purposes; or, to defer the selection and award of any respondent(s) to a time of the HACL’s choosing.

Right to Reject any Bid. Reject and not consider any proposal that does not, in the opinion of HACL, meet the requirements of this IFB, including but not necessarily limited to incomplete proposals and/or proposals offering alternate or non-requested services.

No Obligation to Compensate. Have no obligation to compensate any Offeror for any costs incurred in responding to this IFB.

Right to Interview. Request an oral interview with, and additional information from, companies prior to final selection of a provider. (NOTE: If an oral interview is requested, respondent will be given at least three (3) business days’ notice, along with the date, time and place for the interviews. Expenses will be the responsibility of the respondent.)

Right to Consider. Consider information about a company in addition to the information submitted in the response or interview.

Right to Prohibit. At any time during the RFP or contract process to prohibit any further participation by a proposer or reject any proposal submitted that does not conform to any of the requirements detailed herein. By downloading this document, each prospective proposer is thereby agreeing to abide by all terms and conditions listed within this document and within the noted Internet System, and further agrees that he/she will inform the Agency Contact Person in writing within 5 days of the discovery of any item listed herein or of any item that is issued thereafter by the Agency that he/she feels needs to be addressed. Failure to abide by this time frame shall relieve the Agency, but not the prospective proposer, of any responsibility pertaining to such issue.

XII. PRE-BID MEETING/SITE TOUR

Participants will meet at HACL’s Community Building, 307 Martin Luther King Jr. Drive, Lumberton, NC 28358. All bidders are strongly encouraged but are not required to attend the pre-bid conference and visit the sites.

XIII. METHOD OF PAYMENT

Such estimates shall be submitted no later than 10 days in advance.

The following HUD forms shall be submitted by the Contractor for payment.

• HUD-51000 Schedule of Amounts for Contract Payments.

• HUD-51001 Periodic Estimate for Partial Payment

• HUD-51002 Schedule of Change Order

• HUD-5372 Construction Progress Schedule

• US Department of Labor Certified Payroll Form

XIV. ATTACHMENTS

1. Bonds. As this solicitation pertains to public works or construction, the bonds that are required include (each required for construction bids and/or contracts in excess of $100,000):