IFB 25-0703 Bathroom renovations _ construction.pdf

INVITATION FOR BIDS IFB# 25-0703

PROJECT 1: SMITH BATHROOM DEMOLITION & RECONSTRUCTION

1376 Overbrook Road, Burlington, NC

PROJECT 2: NORTH PARK BATHROOM RENOVATION

821 Sharpe Road, Burlington, NC

BID DUE DATE: July 3rd 2:00 pm EST BID SUBMITTAL LOCATION: Purchasing Division 237 W Maple Avenue Burlington, NC 27215

PURCHASING MANAGER: SONJIA CROSS, CLGPO

TELEPHONE NUMBER: (336) 222-5006

scross@burlingtonnc.gov

Sealed bids will be received by the Purchasing Division, 237 W. Maple Avenue, Burlington, NC 27215, until the date and time cited at which time they will be publicly opened and read aloud. Please submit your bid either online from the site you downloaded the bid from or by one of the methods listed below to the City of Burlington Purchasing Division, Attention: Sonjia Cross, CLGPO at one of the following locations:

USPS Mail: Postal Service (FEDEX, UPS):

P.O. Box 1358 237 W. Maple Ave.

Burlington NC, 27216 Burlington, NC 27215

This is a formal bid for construction contracts and will be funded with Federal Funds. MWBE’s are encouraged to submit a bid.

** NOTICE OF PRE-BID **

Interested bidders will need to submit any questions in writing on the bid portal or to the Project Manager Davis Montgomery dmontgomery@burlingtonnc.gov by June 26th 5 pm. Any questions, revisions or clarifications will be answered by addendum.

Performing a site visit is MANDATORY to have your bid considered.

The City will maintain a sign-in sheet as the record of attendance.

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Table of Contents

GENERAL INSTRUCTIONS TO BIDDERS APPLICABLE TO ALL ITEMS

PRICE FORM

INSTRUCTIONS TO BIDDERS

AGREEMENT USING FEDERAL FUNDING

SPECIAL INSTRUCTIONS TO BIDDERS REGARDING MWBE’S

IDENTIFICATION OF MINORITY/WOMEN BUSINESS PARTICIPATION

AFFIDAVIT A

AFFIDAVIT B

AFFIDAVIT C

AFFIDAVIT D

AFFIDAVIT F

AFFIDAVIT G

PROOF OF PAYMENT CERTIFICATION

REQUIRED FORM

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Bids will be received for furnishing labor, materials, and equipment necessary for installing the following:

Demolition of existing restroom at Smith Bathroom building Removal and disposal of all demolished materials associated with the old building Site preparation for the construction of the new building Tie-in to existing utilities at the site. There will be no Site Utility Contractor, this bid includes all utility tie in work for water, sewer and electric.

Construction of the new restroom building per designs and specifications included from

Wilkins Design Group All finished grading and removal of construction debris, materials, etc.

Temporary restroom facilities for workers Maintain a clean work site, pickup trash daily Any temporary fencing required to secure the area from the public All permits for construction. NOTE: Contractor will not have to pay for building permit but must obtain permits.

Renovation for North Park restroom per designs and specifications included from Wilkins

Design Group

Contractors are notified that North Carolina G.S. 87-15 relating to licensing of contractors will be observed in receiving bids and awarding contracts.

If not uploading bids to the website the bids must be sealed within an envelope addressed to the Purchasing Manager, City of Burlington, North Carolina, and the envelope must be marked “Restroom Demolition, Reconstruction, Renovation Bid #25-0703”

The City of Burlington reserves the right to reject any or all bids, to waive informalities and to award a contract or contracts which in the opinion of the City of Burlington appear to be in its best interest. The right is reserved to hold any or all bids for a period not to exceed thirty (30) days from the date of opening thereof.

The owner is an Equal Opportunity Employer and encourages bidding by small, minority and female contactors and does not discriminate on the basis of handicapped status.

Tentative Timetable (Eastern Standard Time EST)

A. IFB Issued June 6th

B. Mandatory Pre-Bid Conference June 17th at 3 pm location:

McDade Building 1333 Overbrook Rd

Burlington NC 27215

C. Written Questions Due June 26th 5 pm D. Responses to Questions Due June 30th 5 pm E. Submittals due July 3rd 2 pm F. Anticipated Award Date July 30th G. Estimated time of completion: By November 30th, 2025

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GENERAL INSTRUCTIONS TO BIDDERS APPLICABLE TO ALL ITEMS

1. If submitting by mail, in person or online each bidder must submit bid on the blank form(s) provided. All bids must be signed by a duly authorized individual. Bids submitted on other forms will not be accepted. Bids will be read on the date and hour as stated in the office of the Purchasing Director, Municipal Building Annex, and 237 W. Maple Ave., Burlington, North Carolina. Bidders or their authorized agents are invited to be present. Any bid received after the date and hour specified, will not be accepted or considered.

2. TAXES: The City pays all sales tax but this amount must be listed as a separate item.

3. The City reserves the right to reject any or all bid, waive technicalities, and to be the sole judge of suitability of the product for the use by the City for intended purposes. The City of Burlington shall have a period of thirty (30) days after the opening of bids.

4. The specifications enclosed are intended to obtain competitive bids. Any reference to brand names is strictly for denoting the type and quality of item desired and is not done to limit or restrict the bids.

5. Any corrections or errors found in the specifications must be submitted by email to the

Purchasing Director prior to the opening of bids. Any deviations from the specifications must be in writing and submitted as part of the bid. Any addenda to these bid documents shall be issued in writing; no oral statements, explanations or commitments by whosoever made shall be of any effect unless incorporated in the addenda.

6. No Federal Excise Tax is to be included as the City of Burlington is exempt under federal laws and will furnish proper exemption certificate or number upon request. In computing freight, federal transportation tax is not to be included as the City of Burlington is exempt.

7. Pursuant to the provisions of G.S. 143-54 under penalty of perjury, the signer of the bid certifies this bid has not been arrived at collusively or otherwise in violation of Federal or North Carolina Antitrust laws. An agent of the firm must sign all bids.

8. By signing this bid form the contractor affirms that they are registered with and participates in the Federal work authorization program, E-Verify as it relates to their company and mandated by law in North Carolina by G.S. 160-20.1.

9. BID/SUBMITTAL FORMAT: If not submitting online, One original should be submitted along with a digital copy (usb drive) in a sealed envelope.

10. INSPECTION OF SITE

Each Bidder shall visit the site of the proposed Work and fully acquaint himself with the existing conditions relating to the construction Project. Each Bidder shall fully inform himself as to the facilities involved and the difficulties and restrictions attending the performance of the Contract.

The Bidder shall examine and familiarize himself with the Technical Specifications and Drawings.

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The Contractor, by execution of the Contract, shall in no way be relieved of any obligation under the Contract due to his failure to receive or examine any Form or legal instrument or to visit the site and acquaint himself with the existing conditions. The Architect or Engineer 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.

11. PUBLIC RECORD: All bids submitted in response to this Invitation for bid shall become the property of the City and shall become a matter of public record when opened.

12. DISCUSSIONS: The City reserves the right to conduct discussions with offerors for the purpose of eliminating minor irregularities, informalities, or apparent clerical mistakes in the bid in order to clarify an offer and assure full understanding of, and responsiveness to, solicitation requirements.

13. VENDOR APPLICATION: After award of a Contract, if the successful bidder has not done business with the City of Burlington, the bidder shall register with the City’s Purchasing Division. Registration can be completed at: https://burlingtonnc.gov/2017/Vendor- Registration

14. CONTRACT: The Contract shall be based upon the Invitation for bid issued by the City and the

Offer submitted by the Contractor in response to the Invitation for bid. The offer shall substantially conform to the terms, conditions, specifications and other requirements set forth within the text of the Invitation for bid. The City reserves the right to clarify any contractual terms with the concurrence of the Contractor; however, any substantial non-conformity in the offer, as determined by the City's Purchasing Agent, shall be deemed non-responsive and the offer rejected. The Contract shall contain the entire agreement between the City of Burlington and the Contractor relating to this requirement and shall prevail over any and all previous agreements, contracts, bids, negotiations, purchase orders, or master agreements in any form.

15. PAYMENT: Progress payments, when requested, will be made after the City receives a detailed invoice and confirmation that the work has been performed to the specifications required for the requested payment.

16. FORCE MAJEURE: Except for payment of sums due, neither party shall be liable to the other nor deemed in default under this Contract if and to the extent that such party's performance of this Contract is prevented by reason of Force Majeure. The term "Force Majeure" means an occurrence that is beyond the control of the party affected and occurs without its fault or negligence. Force Majeure shall not include late performance by a subcontractor unless the delay arises out of a Force Majeure occurrence in accordance with this Force Majeure term and condition. If either party is delayed at any time in the progress of the work by Force Majeure, the delayed party shall notify the other party in writing of such delay, as soon as is practical, of the commencement thereof and shall specify the causes of such delay in such notice. Such notice shall be hand-delivered or mailed certified-return receipt and shall make a specific reference to this article, thereby invoking its provisions. The delayed party shall cause such delay to cease as soon as practicable and shall notify the other party in writing when it has done so. The time of completion shall be extended by contract modification for a period of time equal to the time that results or effects of such delay prevent the delayed party from performing in accordance with this Contract.

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17. INDEMNIFICATION: To the fullest extent permitted by law, Contractor, its successors, assigns and guarantors, shall pay, defend, indemnify and hold harmless the City of Burlington, its agents, representatives, officers, directors, officials and employees from and against all allegations, demands, proceedings, suits, actions, claims, including claims of patent or copyright infringement, damages, losses, expenses, including but not limited to, attorney fees, court costs, and the cost of appellate proceedings, and all claim adjusting and handling expense, related to, arising from or out of or resulting from any actions, acts, errors, mistakes or omissions caused in whole or part by Contractor relating to work, services and/or products provided in the performance of this Contract, including but not limited to, any Subcontractor or anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable and any injury or damages claimed by any of Contractor’s and Subcontractor’s employees.

18. INDEPENDENT CONTRACTOR: It is understood that each party shall act in its individual capacity and not as an agent, employee, partner, joint venture, or associate of the other. An employee or agent of one party shall not be deemed or construed to be the employee or agent of the other party for any purpose. The Contractor shall not be entitled to compensation in the form of salaries, paid vacation or sick days by the City. The City of Burlington will not provide any insurance coverage to the Contractor, including Worker's Compensation coverage. The Contractor is advised that taxes, social security payments, and other withholdings shall not be withheld from a City payment issued under this Contract and that Contractor should make arrangements to directly pay such expenses.

19. INSPECTION AND ACCEPTANCE: All material or service is subject to final inspection and acceptance by the City. Material or service failing to conform to the specifications of this Contract shall be held at the Contractor's risk and may be returned to the Contractor. If returned, all costs are the responsibility of the Contractor. Noncompliance may be deemed a cause for possible Contract termination.

20. LICENSES: Contractor shall maintain in current status all Federal, State, and local licenses and permits required for the operation of the business conducted by the Contractor as applicable to this Contract.

21. PROTECTION OF GOVERNMENT PROPERTY: The Contractor shall use reasonable care to avoid damaging existing buildings, equipment, and vegetation (such as trees, shrubs, and grass) on City property. If the Contractor fails to do so and damages such property, the Contractor shall replace or repair the damage at no expense to the City, as determined and approved by the City’s Purchasing Agent. If the Contractor fails or refuses to make such repair or replacement, the City will determine a cost and the Contractor shall be liable for the cost thereof, which may be deducted from the Contract price.

22. PROVISIONS REQUIRED BY LAW: Each and every provision of law and any clause required by law to be in the Contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly inserted, then upon the application of either party the Contract shall be amended to make such insertion or correction.

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23. RIGHTS AND REMEDIES: No provision in this document or in the Contractor's bid shall be construed, expressly or by implication, as a waiver by either party of any existing or future right and/or remedy available by law in the event of any claim, default or breach of contract. The failure of either party to insist upon the strict performance of any term or condition of the Contract, to exercise or delay the exercise of any right or remedy provided in the Contract or by law, or to accept materials or services required by this Contract or by law shall not be deemed a waiver of any right of either party to insist upon the strict performance of the Contract.

24. SUBCONTRACTS: No subcontract shall be entered into by the Contractor with any other party to furnish any of the material/service specified herein without the advance written approval of the City's Purchasing Agent. All subcontracts shall comply with Federal and State laws and regulations which are applicable to the services covered by the subcontract and shall include all the terms and conditions set forth herein which shall apply with equal force to the subcontract, as if the subcontractor were the Contractor referred to herein. The Contractor is responsible for contract performance whether or not subcontractors are used.

25. SAFETY: Contractor shall at all times enforce by adequate supervision and training of supervisory personnel a safe working environment for all employees including the supervision of all services which relate to the general safety and welfare of any persons exposed to the services performed under this Contract by Contractor. Contractor agrees to fully cooperate with the City in any employee and public safety program sponsored by the City. Contractor agrees to conduct all of its operations with due diligence and care for the safety of all persons at all times.

26. SITE INVESTIGATION: The contractor acknowledges that he has investigated and satisfied himself as to the conditions affecting the work, including but not restricted to those bearing upon transportation, disposal, handling and storage of materials, availability of labor, water, electric power, roads and uncertainties of weather, river stages, or similar physical conditions at the site, the conformation and conditions of the ground, the character of equipment and facilities needed preliminary to and during the prosecution of the work.

27. CONFLICT OF INTEREST: Contractor shall be prohibited from proposing on this IFB if Contractor has attempted or made contact with any elected or non- elected City Official in an attempt to influence the award of this IFB or alter it in any manner. Future conflicts shall be grounds for contract default.

28. LIQUIDATED DAMAGES: From the nature of the services to be rendered, the Contractor and City agree that it is extremely difficult to fix actual damages, which may result from failure on the part of the Contractor to perform certain obligations and to determine the resulting loss to the City.

Therefore at the election of the City, for acts, or failure to act, as described in this section, the Contractors liability should be limited to, and fixed at, $300/day as liquidated damages and not a penalty, which sums the parties acknowledge to be reasonable estimates of the damages the City would suffer; provided however, that with respect to breaches other than the types described in this section, the City may pursue any other remedy available by law or equity, this or including, without limitations, the termination of contract.

29. INSURANCE

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Certificates for Workers Compensation, General Liability and Vehicle/Equipment Insurance will be required as part of the contract to awarded vendor. The Contractor, at its own expense, shall keep in force and at all times maintain during the Agreement:

Insurance Type Each Occurrence Aggregate

General Liability

Bodily Injury & Property Damage $1,000,000 $3,000,000 Combined Single Limit

Automobile Liability

Bodily Injury & Property Damage $1,000,000

Owners Protective Liability or Project Specific Aggregate

Bodily Injury & Property Damage $1,000,000 $3,000,000

Excess Liability $5,000,000 $10,000,000

The City of Burlington 425 S Lexington Ave Burlington NC 27215 must be named as an additional named insured on the Contractor’s insurance policy.

The following statement must be on the certificate of insurance: a blanket waiver of subrogation shall apply in favor of the City of Burlington and all additional insured’s as required by contract.

Workers’ Compensation Coverage

Full and complete Worker’s Compensation Coverage, as required by the State of North Carolina, shall be required.

30. BID EVALUATION

The award of the Contract will be made to the lowest, responsive, responsible bidder as soon as practicable. Should the successful bidder default and fail to execute a contract within 10 days after award, the contract may be awarded to the next lowest, responsive responsible bidder.

31. INSTRUCTIONS FOR COMPLETING CERTIFICATE FOR NORTH CAROLINA SALES TAX FORM

The City may apply for a refund for all sales and/or use taxes paid in North Carolina by the City’s contractors on purchases of building materials, supplies, fixtures and equipment which become a part of or are annexed to any building or structure being erected, altered or repaired under contract with the City; and those taxes shall not be included in any bid amounts or the Contract sum. Contractors shall include and must pay all other taxes imposed by governmental

11 | P a g e authorities which are applicable to the contract work. Examples of property on which sales and use tax have been paid by the Contractor and for which the Contractor will not be reimbursed by the City are scaffolding, forms for concrete, fuel for the operation of machinery and equipment, tools, equipment repair parts and equipment rentals, blueprints, etc, or any other items which do not become a part of or not annexed to the building or structure being erected, altered, or repaired.

Submit with this form invoices (or copies of invoices) from vendors covering the items purchased which clearly shows the amount of State sales tax and City sales tax.

Requests for sales tax reimbursements should be filed with the City with each request for Contract payment. If there are no sales tax due for a payment write that on the certificate. A final sales tax reimbursement request must be filed with the City within 60 days from the date of final payment. The Contractor willfully forfeits reimbursement if submittal is not made within allotted time.

Project Name or Contract Number: The name of the Project or Contract Number.

Date: The date form was completed.

Trade: Your trade, e.g. electrical, concrete contractor, painting, etc.

Contractor: The name of your company.

Invoice Date: The date the material was purchased.

Invoice Number: The vendor’s invoice number.

Name of Vendor: The vendor’s name.

Description of Materials: The type of materials purchased (concrete, nails, roofing materials).

Item Cost: The cost of item(s) before taxes are added.

Sales Tax: The North Carolina State tax.

City Tax: The City Sales tax.

Total Invoice: The sum of the Item Cost, State tax and City tax.

City Name: The North Carolina City where material was purchased and sales tax paid (Forsyth, Guilford, etc.)

The owner or an officer of the company must certify that the statement is correct. The signature shall be notarized.

Applicable North Carolina Sales Tax and City Sales Tax paid on taxable purchases of building materials, supplies, fixtures or equipment which will become annexed to, affixed to or in some manner become a part of said “project”, SHALL NOT be included in Bid prices.

The Bidder, by submitting a Bid on the Bid Form, warrants that no applicable State or City Sales Taxes are either included within the Bid price or listed or included in any manner or form, either within another figure or separately in said Bid price.

In the event more than one taxable purchase is made from the same vendor during the reporting period, the listing on the Certificate shall contain a subtotal by vendor showing the total amount of the invoices and the total amount of State and City Sales Taxes paid thereon.

In the event taxable purchases are made from vendors located in more than one North Carolina City, the listing on the Certificate shall also be subtotaled by the name of the City.

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A copy of each invoice for purchases of materials, supplies, fixtures or equipment shall be attached to the Certificate.

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PRICE FORM

We, the undersigned bidder, have received and carefully examined a complete set of the Bidding Documents and Specifications prepared by the Owner and have visited the job sites to become familiar with all conditions and requirements of the work, and hereby agree to furnish all labor, materials, equipment, insurance, supervision, permits and abide by all local, state and federal codes, laws, rules, regulations and ordinances applicable to perform work described in the specifications for both projects and the requirements under them for the following sum to wit, and in submitting this Bid agree to the following:

1- To hold this Bid open for up to 90 days after the Date of Receipt of Bids;

2- To accept the provisions of the Instructions to Bidders;

3- To enter into and execute a Contract with City of Burlington, if awarded, on the basis of this Bid as specified in the Instructions to Bidders and General Conditions;

4- To accomplish the Work in strict accordance with the Contract Documents

Project 1: SMITH BATHROOM DEMOLITION & RECONSTRUCTION

BASE BID:

Demolition and removal - $

Site Work for Construction of new bathroom per instructions $

Construction of new bathroom per included plans & specifications $

TOTAL LUMP SUM: $

DO NOT INCLUDE NC

SALES TAXES

Alternate:

Standing Seam Metal Roof and Metal Ridge Vent

Project 2: NORTH PARK BATHROOM RENOVATION

BASE BID:

Renovations for bathroom $

Renovations per plans & specifications

TOTAL LUMP SUM: $

DO NOT INCLUDE NC

SALES TAXES

Alternates:

Fiber Cement Plank, Lap Siding, Corner Boards, Frieze & Rake

Boards, and Vented Soffit Panel Cultured Stone Veneer Wainscoting and Cap Standing Seam Metal Roof and Metal Ridge Vent

Estimated Sales Tax $________________________ (Do not include in Total Bid Line)

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VENDOR CONTACT INFORMATION

Company Name: ________________________________________

By: ________________________________________

Title: ________________________________________

Signature of person authorized to sign: _______________________________________

Company Address

_________________________________________ Contact #: ____________________________

_________________________________________ Fax #: _______________________________

_________________________________________ Email: _______________________________

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INSTRUCTIONS TO BIDDERS

1. DEFINED TERMS. Terms used in these Instructions to Bidders shall have the meanings assigned to them in the General Conditions and the Supplementary Conditions. For the purposes of this specification, the following definitions are defined as follows:

a. Successful Bidder - The lowest, qualified, responsible, and responsive Bidder to whom

Owner (on the basis of Owner’s evaluation as herein provided) makes an award.

b. Complete sets of Bidding Documents must be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misrepresentations resulting from the use of incomplete sets of Bidding Documents.

c. Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

2. INTERPRETATIONS AND ADDENDA. All questions about the meaning or intent of the Bidding

Documents and the Contract Documents shall be submitted to Owner in writing.

Interpretations or clarifications considered necessary by the Owner in response to such questions will be issued by Addenda, emailed to all parties recorded by Owner as having received the Bidding Documents. Questions received less than 10 days prior to the date for opening of Bids may not be answered. Only answers issued by Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

a. Any Addenda to bidding documents issued during the time of bidding will be available online or by email and are to be considered covered in the Bid. It is the Contractor's responsibility to ascertain prior to Bid time, which addenda has been issued and confirm that his/her bid includes any changes covered by the addenda. The Bidder on his/her Bid form shall acknowledge all Addenda. Failure to do so may disqualify the Bid and may cause the Bid to be rejected.

3. PRE-BID MEETING. A pre-bid meeting will be held at the McDade Office Building, 1333

Overbrook Rd. on June 17th at 3 p.m., to discuss the Project and answer pertinent questions. Representatives of the Owner and the Engineer will be available to answer questions.

4. BID FORM. The Bid Form is bound in the Bidding Documents and shall not be removed therefrom. Bid forms must be completed.

a. The Bid shall contain an acknowledgment of receipt of all Addenda.

b. No alterations in Bids, or in the printed forms, by erasures, interpolations, or otherwise will be acceptable unless each such alteration is signed or initialed by the Bidder; if initialed, Owner may require the Bidder to identify any alteration so initialed. Do not use “White Out” or similar product to make corrections.

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5. BID GUARANTEE – Required if bid is $500,000 or more

a. Each bid shall be accompanied by a cash deposit, a cashier’s check, certified check or bond in an amount not less than five percent (5%) of the bid; or in lieu thereof, a bidder may offer a 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 forfeited 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. [G.S. 143-129(b); G.S. 143-132}

b. A refund of any cash deposits, made by unsuccessful bidders, will be issued as soon as the bids have been awarded by City of Burlington.

6. PERFORMANCE BOND: - Required for projects costing more than $300,000

a. 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:

b. 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.

c. 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.

7. MODIFICATION AND WITHDRAWAL OF BIDS. Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

Withdrawal of a bid, after bids are opened, will only be permitted under the provisions of N.C.G.S. § 143-129.1.

8. Contractor will be responsible for setting the electric meter base per drawings.

9. OPENING OF BIDS. Bids will be publicly opened at the time and place indicated in the Invitation to Bid and, unless obviously non-responsive, and the Base Bid read aloud. An abstract of the amount of the Base Bids and major alternatives (if any) will be made available to Bidders after the opening of Bids.

10. BIDS TO REMAIN SUBJECT TO ACCEPTANCE. All Bids will remain subject to acceptance for the number of days set forth in the Bid Documents.

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11. Each bidder agrees to waive any claim it may have against the Owner, the Engineer, and their respective employees, arising out of or in connection with the administration, evaluation, or recommendation of any bid.

12. If the Contract is to be awarded, it will be awarded to the lowest Bidder whose evaluation by

Architect/Designer indicates to the Owner that the award will be in the best interests of Owner. The bids are good for 30 calendar days from the bid opening. The City will make a contract award within this 30 day period.

13. SIGNING OF AGREEMENT. When Owner gives a Notice of Award to the Successful Bidder, it will be accompanied by three (3) unsigned counterparts of the Agreement with all other written Contract Documents attached. Within the number of days set forth in the Bid Documents, the Successful Bidder shall sign, leaving the dates blank, and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds and Power of Attorney. Within ten (10) days thereafter, Owner shall execute all copies of the Agreement and other Contract Documents submitted by Contractor (Successful Bidder); shall insert the date of contract on the Agreement, Bonds, and Power of Attorney. Distribution of signed copies shall be as stipulated in the Agreement. Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification.

14. RETAINAGE: For projects over $100,000.00 the City may retain no more than five percent per periodic payment owed to the contractor until the Project is fifty percent (50%) complete. At fifty percent (50%) completion, no further retainage is allowed as long as performance is satisfactory. Release of all retainage is required upon Beneficial Occupancy of the Project or when a Certificate of Substantial Completion is issued. The City may, at its discretion, retain up to two and one-half (2 ½) times the value of remaining work in order to secure completion or correction of that work. The City may withhold greater amounts of retainage for unsatisfactory job progress, defective construction not remedied, disputed work or third-party claims filed against the City or reasonable evidence that a third-party claim will be filed.

[G.S. 143-134.1]

15. Bids submitted after the time and date for receipt of Bids will be not be opened.

16. No Bidder may submit more than one Bid. Multiple Bids under different names will not be accepted from one firm or association.

17. REJECTION OF BIDS. The Owner reserves the unqualified right to reject any or all bids, to waive informalities, and to award contract or contracts which, in the opinion of the Owner, appear to be in its best interest.

Reasons for rejection may include, but shall not be limited to, the following:

A. If the Bid Form furnished to the Bidder is not used or is altered.

B. If the Bidder fails to insert a price for all Bid items and Prices requested.

C. If the Bidder adds any provisions reserving the right to accept or reject any award.

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D. If there are unauthorized additions or conditional Bids, or irregularities of any kind which tend to make the Bid incomplete, indefinite, or ambiguous as to its meaning.

E. If the Bidder fails to complete the Bid forms where information is requested so the Bid may be properly evaluated by the Owner.

F. If the Prices contained in the Bid Schedule are unacceptable to the Owner.

G. If the Bidder fails to comply with other instructions stated herein.

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AGREEMENT USING FEDERAL FUNDING

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)

1. Equal Opportunity. The Provider shall comply with Executive Order 11246, “Equal Employment Opportunity,” as amended by EO 11375, “Amending Executive Order 11246 Relating to Equal Employment Opportunity,” and as supplemented by regulations at 41 C.F.R. part 60, “Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor.”

Minority and Women Business Enterprises (if applicable to this Contract). The Provider hereby agrees to comply with the following when applicable: The requirements of Executive Orders 11625 and 12432 (concerning Minority Business Enterprise), and 12138 (concerning Women's Business Enterprise), when applicable. Accordingly, the Provider hereby agrees to take affirmative steps to assure that women and minority businesses are utilized when possible as sources of supplies, equipment, construction and services. Affirmative steps shall include the following:

a. Including qualified women’s business enterprises and small and minority businesses on solicitation lists;

b. Assuring that women’s enterprises and small and minority businesses are solicited whenever they are potential sources;

c. When economically feasible, dividing total requirements into smaller tasks or quantities so as to permit maximum participation by small and minority business, and women’s business enterprises;

d. Where the requirement permits, establishing delivery schedules which will encourage participation by women’s business enterprises and small and minority business;

e. Using the services and assistance of the Small Business Administration, and the U.S. Office of Minority Business

Development Agency of the Department of Commerce; and

f. If any subcontracts are to be let, requiring the prime Contractor to take the affirmative steps in a through e above.

2. Suspension and Debarment. (applies to all purchases.)

(A) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such, the Provider is required to verify that none of Provider’s principals (defined at 2 C.F.R. § 180.995) or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935).

(B) The Provider must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into.

(C) This certification is a material representation of fact relied upon by City of Burlington. If it is later determined that the Provider did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the City , the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment.

(D) The Provider agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Provider further agrees to include a provision requiring such compliance in its lower tier covered transactions.

3. Byrd Anti-Lobbying Amendment, 31 U.S.C. § 1352, as amended. (Applies to all purchases.) The Provider certifies that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, officer or employee of Congress, or an employee of a Member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. The Provider shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s) to the awarding agency.

For contract amounts over $100,000, the Provider must sign the certification on the last page of this addendum*

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4. Access to Records. (applies to all purchases.)

(A) The Provider agrees to provide City of Burlington, the U.S. Department of Treasury, the Comptroller General of the United States, or any of their authorized representatives access to any books, documents, papers, and records of the Provider which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. The Provider agrees to permit any of the foregoing parties to reproduce by any means or to copy excerpts and transcriptions as reasonably needed, and agrees to cooperate with all such requests.

(B) The Provider agrees to provide the Treasury Department or authorized representatives access to construction or other work sites pertaining to the work being completed under the contract.

(C) No language in this contract is intended to prohibit audits or internal reviews by the Treasury Department or the Comptroller General of the United States.

5. Rights to Inventions Made Under a Contract or Agreement. Contracts or agreements for the performance of experimental, developmental, or research work shall provide for the rights of the Federal Government and the recipient in any resulting invention in accordance with 37 C.F.R. part 401, “Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and any applicable implementing regulations.

6. Contract Work Hours and Safety Standards Act (40 U.S.C. 327 through 333) (applies only to purchases over $100,000, when laborers or mechanics are used.) Where applicable, all contracts in excess of $100,000 that involve the employment of mechanics or laborers shall include a provision for compliance with 40 U.S.C. 3702 and 3704 of the Contract Work Hours and Safety Standards Act, as supplemented by Department of Labor regulations (29 C.F.R.

part 5). Under Section 3702 of the Act, each contractor shall be required to compute the wages of every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the standard workweek is permissible provided that the worker is compensated at a rate of not less than 1 1/2 times the basic rate of pay for all hours worked in excess of 40 hours in the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provides that no laborer or mechanic shall be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence.

7. Davis-Bacon Act, as amended (40 U.S.C. 3141-3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non-Federal entities must include a provision for compliance with the Davis-Bacon Act (40 U.S.C. 3141-3144, and 3146- 3148) as supplemented by Department of Labor regulations (29 C.F.R. Part 5, “Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction”). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not less than once a week. The City must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The City must report all suspected or reported violations to the Federal awarding agency. The contracts must also include a provision for compliance with the Copeland “Anti-Kickback” Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 C.F.R. Part 3, “Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States”). The Act provides that each contractor or subrecipient must be prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. The City must report all suspected or reported violations to the Federal awarding agency.

8. Clean Air Act & Federal Water Pollution Control Act (applies to purchases of more than $150,000.)

(A) The Provider agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq.

(B) The Provider agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq.

(C) The Provider agrees to report each violation of the Clean Air Act and the Water Pollution Control Act to City of Burlington and understands and agrees that the City will, in turn, report each violation as required to assure

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(D) The Provider agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance.

9. Prohibition on certain telecommunications and video surveillance services or equipment (Huawei and

ZTE)

The Provider is prohibited from obligating or expending loan or grant funds to:

(1) Procure or obtain;

(2) Extend or renew a contract to procure or obtain; or

(3) Enter into a contract (or extend or renew a contract) to procure or obtain equipment, services, or systems that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115–232, section 889, covered telecommunications equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).

10. Buy USA - Domestic Preference for certain procurements using federal funds. The Provider should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section:

(1) “Produced in the United States” means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States.

(2) “Manufactured products” means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.

11. Procurement of Recovered Materials: (applies only if the work involves the use of materials) (A) In the performance of this contract, the Provider shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired:

i. Competitively within a timeframe providing for compliance with the contract performance schedule;

ii. Meeting contract performance requirements; or

iii. At a reasonable price.

(B) Information about this requirement, along with the list of EPA- designated items, is available at EPA’s Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program.

(C) The Provider also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act.

12. Publications. Any publications produced with funds from this award must display the following language:

“This project [is being] [was] supported, in whole or in part, by federal award number [enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury.”

13. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr. 18, 1997), the Provider is encouraged to adopt and enforce on-the-job seat belt policies and programs for your employees when operating company-owned, rented or personally owned vehicles.

14. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6, 2009), the Provider is encouraged to adopt and enforce policies that ban text messaging while driving, and establish workplace safety policies to decrease accidents caused by distracted drivers.

15. Drug-Free Workplace. The Provider certifies that it will provide a drug-free workplace.

16. Environmental Tobacco Smoke. The Provider certifies that it complies with Public Law 103-227, Title X, Part C, Environmental Tobacco Smoke.

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SPECIAL INSTRUCTIONS TO BIDDERS REGARDING MWBE’S

Policy Statement It is the policy of the City of Burlington to provide minorities and women equal opportunity for participating in all aspects of the City’s contracting and procurement programs, including but not limited to, construction projects, supplies and materials purchases, and professional and personal service contracts. The entire MWBE Policy can be found on the City of Burlington website. COB - MWBE Plan

Goals and Good Faith Efforts Bidders responding to this solicitation shall comply with the MWBE program by making Good Faith Efforts to achieve the following aspiration goals for participation:

The Bidder shall make good faith efforts to encourage participation of MWBEs prior to submission of bids in order to be considered as a responsive bidder. Bidders are cautioned that even though their submittal indicates they will meet the MWBE goal, they should document their good faith efforts and be prepared to submit this information, if requested.

The MWBE’s listed by the Contractor on the Identification of Minority/Women Business Participation which are determined by the City to be certified shall perform the work and supply the materials for which they are listed unless the Contractors receive prior authorization from the City to perform the work with other forces or to obtain materials from other sources. If a contractor is proposing to perform all elements of the work with his own forces, he must be prepared to document evidence satisfactory to the owner of similar government contracts where he has self-performed.

The Contractor shall enter into and supply copies of fully executed subcontracts with each MWBE or supply signed Letter(s) of Intent to the Project Manager after award of contract and prior to Notice to Proceed. Any amendments to subcontracts shall be submitted to the Project Manager prior to execution.

Instructions

The Bidder shall provide with the bid the following documentation:

Identification of Minority/Women Business Participation (if participation is zero, please mark zero—Blank forms…