BRUNSWICK COUNTY

INVITATION TO BID

RE-ADVERTISEMENT

Plumbing for the Longwood Rd. Sewer Project

DWI PROJECT NO. SRP-W-ARP-0297-CN3

ISSUE DATE: April 15, 2026

DUE DATE: April 22, 2026

I. TABLE OF CONTENTS

Project: Plumbing for the

Longwood Road Sewer (DWI Project No. SRP-W-ARP-0297-CN3)

TABLE OF CONTENTS

INVITATION TO BID ITB-1 – ITB-2

NOTICE TO BIDDERS NB-1 – NB-3

INSTRUCTIONS TO BIDDERS I-1 – I-12

PROJECT SCOPE PS-1 – PS-2

FORM OF CONSTRUCTION AGREEMENT 1-36

GENERAL CONDITIONS OF THE CONTRACT GC-1 – GC-60

SUPPLEMENTARY GENERAL CONDITIONS SGC-1 – SGC-3

DAVIS BACON WAGE RATE DETERMINATION

FORM OF PROPOSAL

MBE/WBE COMPLIANCE STATEMENT

MBE AFFIDAVITS

NOTICE OF AWARD

FORM OF PERFORMANCE BOND

FORM OF PAYMENT BOND

MINIMUM INSURANCE REQUIREMENTS

CERTIFICATE OF INSURANCE

NOTICE TO PROCEED

CONTRACTOR SUBMITTAL FORM

REQUEST FOR INFORMATION DIRECTIVE FORM

WORK CHANGE DIRECTIVE FORM

CHANGE PROPOSAL FORM

CHANGE ORDER FORM

REQUEST FOR PAYMENT

REQUEST FOR PAYMENT – WORK BREAKDOWN

RAIN DAY RECORD FORM

MINORITY BUSINESS ENTERPRISE (MBE) DOC. FOR CONTRACT PAYMENTS

PERIODIC PAYMENT TAX CERTIFICATION

PERIODIC PAYMENT ITEMIZED TAX STATEMENT

FINAL TAX CERTIFICATION

CONTRACTOR’S AFFIDAVIT OF RELEASE OF LIENS

CERTIFICATE OF COMPLIANCE

CERTIFICATE OF COMPLETION

ITB-1

INVITATION TO BID

Pursuant to North Carolina General Statutes § 143-129 et. seq. and 2 C.F.R. § 200.320(b)(1), Brunswick

County (“County” or “Owner”) is soliciting sealed bids for: PLUMBING FOR THE LONGWOOD

ROAD SEWER, DWI PROJECT NO. SRP-W-ARP-0297-CN3. Sealed bids must be received by

2:00 PM ET on WEDNESDAY, April 22, 2026, in the Brunswick County Public Utilities Operations

Center located at 250 Grey Water Road NE, Supply, NC 28462. Bids will be for the furnishing of all labor and materials, including all equipment required, as detailed in the technical specifications and summary of work contained herein. Any changes to the specifications or summary of work or clarifications to the bidding documents will be made in the form of an Addendum hereto and will be supplied to all known prospective bidders and posted on the County’s website. Notwithstanding the foregoing, bidders will be responsible for ensuring that they have all Addenda.

Each bid must be made on the forms provided. Brunswick County will not be responsible for the failure of any mail or delivery service to deliver a bid by the aforementioned date and time. Regardless of the manner of submission, bids received after the aforementioned date and time, incomplete bids, or bids not submitted at the correct location or in the designated manner will not be accepted. Sealed bids will be opened publicly and read aloud on WEDNESDAY, April 22, 2026 at 2:00 PM ET in the Brunswick

County Public Utilities Operations Center located at 250 Grey Water Road NE, Supply, NC 28462.

A general description of the work includes, without limitation, installing new building sewer plumbing from the residence to the County-installed grinder pump system and making the physical connection to the pump. The Contractor shall disconnect and properly abandon the existing plumbing from the residence to the septic tank in accordance with all applicable codes and regulations. The Contractor is responsible for obtaining all required permits and securing approvals from the County’s permitting departments. All work shall be coordinated with the homeowner and the County as necessary and shall continue through the successful operation of the grinder pump system.

The total contract amount will be based on the actual services performed and quantities of installations and connections completed, which is to be determined. The anticipated number of homes set forth below is an approximation only. Payments will be based on the firm, fixed unit prices, as set forth in the Contractor’s submitted bid. The County does not guarantee any minimum or maximum quantity of work under this contract.

Pre-Bid Meeting: An open optional pre-bid meeting was held for all interested bidders and vendors on THURSDAY, March 12, 2026, at 2:00 PM ET at the Brunswick County Public Utilities Operations

Center (UOC) located at 250 Grey Water Road NE, Supply, NC 28462. Directions are as follows: From

Wilmington, follow US 17 toward Supply. Turn right onto Hwy. 211 heading toward Bolton. In approximately 1 mile turn right beside the Lockwood Folly District Park onto Grey Water Road. In approximately ¼ mile the Utilities Operations Center will be on the right.

The pre-bid meeting addressed project specific questions, issues, and bidding procedures. Additional information and Addenda were supplied to all known prospective bidders and posted on the County’s website. Addendum No. 1 is also being posted simultaneously to this re-advertisement and is incorporated herein by reference.

Site Visitation: Approximately 200 homes will require plumbing work under this contract. While the

County is finalizing the list of properties, limited site visits may be scheduled in coordination with the

ITB-2

County. To schedule a site visit, contact Regina Quintos-Pascual by email regina.quintos@brunswickcountync.gov.

Bidding Documents will be posted or linked for download at the following locations:

• Brunswick County Public Utilities Operations Center (8:30 a.m. – 4:00 p.m. business days)

• Brunswick County Website, https://www.brunswickcountync.gov/bid/

• NC DOA Historically Underutilized Businesses (HUB) “Solicitation Opportunities”

(https://www.doa.nc.gov/divisions/historically-underutilized-businesses-hub)

• NC DOA Electronic Vendor Portal (eVP) website: https://evp.nc.gov/solicitations/

County will not be responsible for full or partial sets of Contract Documents, including any addendum, obtained from any other source.

Brunswick County reserves the unqualified right to reject any and all bids. Pursuant to N.C.G.S. § 143-

128.2, contractors are required to exhibit good-faith efforts to solicit minority business subcontractors.

In addition to the foregoing, contractors are required to comply with 2 C.F.R. § 200.321 to ensure that small businesses, minority businesses, women’s business enterprises, veteran-owned businesses, and labor surplus area firms are considered. Contractors must be properly licensed. Additional instructions to bidders are included in the Contract Documents.

All bidder questions and/or clarifications were answered in Addendum No. 1 posted on the County’s

Contractors are expressly prohibited from contacting any Brunswick County official or employee regarding this Invitation to Bid, except in the manner noted in this section. A violation of this provision is grounds for the immediate disqualification of the bidder.

mailto:regina.quintos@brunswickcountync.gov https://www.brunswickcountync.gov/bid/ https://www.doa.nc.gov/divisions/historically-underutilized-businesses-hub https://evp.nc.gov/solicitations/

NB-1

NOTICE TO BIDDERS

Sealed bids will be received until 2:00 PM ET on WEDNESDAY, April 22, 2026, in the Brunswick

County Public Utilities Operations Center located at 250 Grey Water Road NE, Supply, NC 28462 for the furnishing of labor, material, and equipment for: PLUMBING FOR THE LONGWOOD ROAD

SEWER, DWI PROJECT NO. SRP-W-ARP-0297-CN3. Shortly thereafter, the sealed bids will be opened publicly and read aloud.

Sealed bids may only be received by mail or hand delivery. Sealed bids shall be labeled with the project name, Contractor’s name, address, and license number and must be marked “SEALED

BID, DO NOT OPEN.” Bids shall be sent to:

Alternate Shipping Service or Hand Delivery US Post Office Brunswick County Public Utilities Brunswick County Public Utilities Utilities Operations Center Attention: Regina Quintos-Pascual Attention: Regina Quintos-Pascual P. O. Box 249

250 Grey Water Road NE Bolivia, NC

28422 Supply, NC 28462

(910) 253-1714

Brunswick County will not be responsible for the failure of any mail or delivery service to deliver a bid. Regardless of the manner of submission, bids received after the aforementioned date and time, incomplete bids, or bids not submitted at the correct location or in the designated manner will not be accepted.

Project Description: Plumbing connection to the grinder pump which includes without limitation, installing new building sewer plumbing from the residence to the County-installed grinder pump system and making the physical connection to the pump. The Contractor shall disconnect and properly abandon the existing plumbing from the residence to the septic tank in accordance with all applicable codes and regulations. The Contractor is responsible for obtaining all required permits and securing approvals from the County’s permitting departments. All work shall be coordinated with the homeowner and the County as necessary and shall continue through the successful operation of the grinder pump system.

The total contract amount will be based on the actual services performed and quantities of installations and connections completed, which is to be determined. The anticipated number of homes set forth below is an approximation only. Payments will be based on the firm, fixed unit prices, as set forth in the

Contractor’s submitted bid. The County does not guarantee any minimum or maximum quantity of work under this contract.

All bids shall be firm, fixed- unit prices as indicated in the Form of Proposal. The project shall be completed within 150 days from the Notice to Proceed issued by Brunswick County, but in no event later than October 30, 2026. Funding for the project is provided by Federal funds from the State

Reserve Funds grant as part of the American Rescue Plan Act and by Brunswick County funds, as more particularly set forth below.

NB-2

Project Funding and Requirements: Brunswick County has received an award of federal funds from the State Reserve Program (“SRP”) grant from the American Rescue Plan Act (“ARPA”) (the “SRP-

ARPA Funds”) through the North Carolina Department of Environmental Quality (“DEQ”) - Division of Water Infrastructure (“DWI”) as approved under the State Water Infrastructure Authority (“SWIA”).

Project Number SRP-W-ARP-0297 has been assigned to this Longwood Road Sewer Project by DEQ-

DWI. The maximum amount of SRP-ARPA Funds from DEQ-DWI is $14,956,200, a portion of which is expected to fund approximately 100% of the plumbing services covered by this contract.

In using such SRP-ARPA Funds, County must comply with the DEQ-DWI grant award terms and conditions, the ARPA award terms and conditions applicable to the use of SRP-ARPA Funds, regulations issued by the U.S. Department of the Treasury (“Treasury”) governing the expenditure of monies distributed pursuant to ARPA (including, without limitation, the Interim Final Rule (86 Fed. Reg. 26,786

(May 17, 2021) and Final Rule (87 Fed. Reg. 4,338 (January 27, 2022)), and such other guidance as

Treasury has issued or may issue governing the expenditure of monies distributed pursuant to ARPA

(collectively, the “Regulatory Requirements”). Pursuant to the Regulatory Requirements, County must also comply with the Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury has determined or may determine are applicable to the SRP-ARPA Funds.

In accordance with the foregoing requirements, Contractors interested in being considered for this work must agree to strictly adhere to all terms and conditions contained herein, including, without limitation, the Regulatory Requirements incorporated by reference as if fully set forth herein, and in the Construction or Repair Agreement, as may be amended from time to time, as required by

Treasury. Contractors not agreeing to all terms and conditions are expressly prohibited from submitting a bid for consideration.

Liquidated Damages: There are liquidated damages associated with this project. Liquidated damages will be in the amount of One Thousand and No/100 Dollars ($1,000.00) per day for each calendar day beyond the Substantial Completion date set from the Notice to Proceed.

Site Visitation: Inspection of the proposed construction site may be allowed outside of the pre-bid meeting by approval of Brunswick County. Telephone or email the above noted contact person to schedule a visit.

Pre-Bid Meeting: An open optional pre-bid meeting was held for all interested bidders and vendors on

THURSDAY, March 12, 2026, at 2:00 PM ET at the Brunswick County Public Utilities Operations

Center: 250 Grey Water Road NE, Supply, NC 28462. Directions are as follows: From Wilmington, follow US 17 toward Supply. Turn right onto Hwy. 211 heading toward Bolton. In approximately 1 mile turn right beside the athletic park onto Grey Water Road. In approximately ¼ mile the Utilities

Operations Center will be on the right.

The pre-bid meeting addressed project specific questions, issues, and bidding procedures. Additional information and Addenda were supplied to all known prospective bidders and posted on the County’s

NB-3

Contractors are expressly prohibited from contacting any Brunswick County official or employee regarding this Invitation to Bid, except in the manner noted. A violation of this provision is grounds for the immediate disqualification of the bidder.

The Contract Documents will be posted or linked for download at the following locations:

• Brunswick County Public Utilities Operations Center (8:30 a.m. – 4:00 p.m. business days)

• Brunswick County Website, https://www.brunswickcountync.gov/bid/

• NC DOA Historically Underutilized Businesses (HUB) “Solicitation Opportunities”

(https://www.doa.nc.gov/divisions/historically-underutilized-businesses-hub)

• NC DOA Electronic Vendor Portal (eVP) website: https://evp.nc.gov/solicitations/

County will not be responsible for full or partial sets of Contract Documents, including any addendum, obtained from any other source.

https://www.brunswickcountync.gov/bid/ https://www.doa.nc.gov/divisions/historically-underutilized-businesses-hub https://evp.nc.gov/solicitations/

INSTRUCTIONS TO BIDDERS

I-1 v1.122025

For a proposal to be considered it must be in accordance with the following instructions.

Capitalized terms used but not defined herein shall have the meaning(s) ascribed to them in the General Conditions of the Contract.

1. Bids: Bids must be made in accordance with the Form of Proposal provided, and all blank spaces for bids, alternates, and unit prices applicable to Bidder’s Work shall be properly filled

in. When requested alternates are not bid, the proposal may be considered non-responsive.

The Bidder agrees that a bid on the Form of Proposal detached from specifications will be considered and will have the same force and effect as if attached thereto. Faxed bids will not be considered. Numbers shall be stated both in writing and in figures for the base bids and alternates. Words shall take precedence over numerical symbols.

The proposal shall include the following:

a. Form of Proposal

b. Socioeconomic Contracting Affidavit

For items c. through e. see the enclosed “NC Division of Water Infrastructure MBE/WBE (DBE)

Compliance Supplement – Instructions” (Instructions Pages 1 and 2).

c. “Good Faith Efforts Form” (Good Faith Efforts Form, Pages 1 and 2)

d. Table A: Prime Contractor and list of selected subcontractors

e. Table B: Subcontract Solicitation List (in applicable/required).

f. If Table B is applicable/required the contractor shall submit documentation of efforts to solicit proposals from DBEs

Any modifications to the Form of Proposal (including alternates and/or unit prices) will disqualify the bid and may cause the bid to be rejected.

The Bidder shall fill in the Form of Proposal as follows:

a. If the documents are executed by a sole owner, that fact shall be evidenced by the word "Owner" appearing after the name of the person executing them.

b. If the documents are executed by a partnership, that fact shall be evidenced by the word "CoPartner" appearing after the name of the partner executing them.

c. If the documents are executed on the part of a corporation, they shall be executed by either the president or the vice president and attested by the secretary or assistant secretary in either case, and the title of the office of such persons shall appear after their signatures. The seal of the corporation shall be placed on each signature page of the documents.

Instructions to Bidders I-2 v1.122025

d. If the proposal is made by a joint venture, it shall be executed by each member of the joint venture in the above form for sole owner, partnership or corporation, whichever form is applicable.

e. All signatures shall be properly witnessed.

f. If the Contractor's license of a Bidder is held by a person other than an owner, partner, or officer of a firm, then the licensee shall also sign and be a party to the proposal. The title "Licensee" shall appear under his/her signature.

Unless otherwise noted, bids shall be addressed as indicated in the Notice to Bidders and shall be delivered, enclosed in an opaque sealed envelope, marked "SEALED BID, DO NOT OPEN" and bearing the project name, name of the Bidder, address of the Bidder, and the Contractor’s license number. Bidders shall clearly mark on the outside of the bid envelope which Contract(s) they are bidding.

Bidder shall identify on the bid the minority businesses that will be utilized on the project with corresponding total dollar value of the bid and affidavit listing good faith efforts or an affidavit indicating Work under Contract will be self-performed, as required by NCGS 143-128.2(c) and

NCGS 143-128.2(f). Failure to comply with these requirements is grounds for rejection of the bid. Upon notification of being the apparent low Bidder, the apparent low Bidder and any other Bidder so requested, will within seventy-two (72) hours of the notification submit an affidavit that includes a description of the portion of Work to be executed by minority businesses, which is equal to or more than the applicable goal (Affidavit C), or submit an affidavit documenting the Contractor’s good faith efforts to meet the goal (Affidavit D).

For projects bid in the single-prime alternative, the names and license numbers of major

Subcontractors shall be listed on the proposal form. Brunswick County reserves the right to accept or reject any proposed Subcontractor in its sole and absolute discretion. All decisions of Brunswick County shall be final and binding.

It shall be the specific responsibility of the Bidder to deliver the bid to the proper official at the designated place and prior to the announced time for the opening of bids. Brunswick County will not be responsible for the failure of any mail or delivery service to deliver a bid prior to the stated date and time. Regardless of the manner of submission, any bid received after the stated date and time will not be considered. Incomplete bids or bids inconsistent with the required format may be disqualified from consideration.

Modifications of previously deposited bids will be acceptable only if delivered in writing prior to the bid opening.

Unit prices quoted in the proposal shall include overhead and profit and shall be the full compensation for the Contractor's cost involved in the Work. See General Conditions, Article

38 - “Changes in the Work” Paragraph (C 1).

Instructions to Bidders I-3

2. Examination and Conditions of Contract Documents: It is understood and mutually agreed that by submitting a bid the Bidder acknowledges that it has carefully examined all documents pertaining to the Work; the location, accessibility, and general character of the site of the Work and all existing buildings, structures, and utility facilities within and adjacent to the site; and has satisfied itself as to the nature of the Work; sequences or procedures of construction (if any);

the condition of existing buildings and structures; the conformation of the ground; the character, quality, and quantity of the material to be encountered; the subsurface conditions

(including type and depth of rock and soil layers); the character of the equipment, machinery, plant and any other facilities needed preliminary to and during prosecution of the Work; the general and local conditions; federal, state, and local laws and regulations; the construction hazards; and all other matters, including, but not limited to, the labor situation which can in any way affect the Work under the Contract; and including all safety measures required by the

Occupational Safety and Health Act of 1970 and all rules and regulations issued pursuant thereto. It is further mutually agreed that by submitting a proposal the Bidder acknowledges that it has satisfied itself as to the feasibility and meaning of the plans, drawings, specifications, and other Contract Documents for the construction of the Work and that it accepts all the terms, conditions, and stipulations contained therein; and that it is prepared to Work in cooperation with other Contractors performing Work on the site. Neither the Owner nor

Designer, as applicable, assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.

Reference is made to Contract Documents for the identification of any surveys and investigation reports of subsurface or latent physical conditions at the site or otherwise affecting performance of the Work which may have been relied upon by the Designer or Owner in preparing the documents. In no event shall these surveys and investigation reports be considered part of the Contract Documents. The Owner will make copies of all such surveys and reports available to the Bidder upon request. Neither the Owner nor the Designer assumes any responsibility for the accuracy or completeness of the information provided.

Each Bidder may, at their own expense, make such additional surveys and investigations as it may deem necessary to determine the bid price for the performance of the Work. Any onsite investigation shall be done at the convenience of the Owner. Reasonable requests for access to the site will be honored by the Owner. It is the responsibility of the Bidder to clean up and restore the site to its former condition upon completion of such explorations, investigations, tests, and studies. Such Work shall be done in a manner that in no way hinders or complicates normal operation and maintenance of existing facilities.

The Contractor performing excavation Work shall be responsible for locating underground utilities prior to excavation. The utility locations shown in the plans are approximate and for

Instructions to Bidders I-4 information only. The Contractor shall obtain the services of a commercial utilities locator and/or call the various utility companies who may have lines in the area.

3. Availability of Lands for Work: The lands upon which the Work is to be performed, rights-of-way, and easements for access thereto and other lands designated for use by the Contractor in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage for materials and equipment to be incorporated into the Work are to be obtained and paid for by the Contractor. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by the Owner unless otherwise provided in the Contract

Documents.

4. Pre-Bid Conference: Prior to the date set for receiving bids, the Designer or Owner may arrange and conduct a pre-bid conference for all prospective Bidders. The purpose of this conference is to review project requirements and to respond to questions from prospective

Bidders and their Subcontractors or material suppliers related to the intent of Bidding

Documents. Attendance by prospective Bidders shall be as required by the “Notice to Bidders.”

Brunswick County strongly encourages attendance at the pre-bid meeting. It should be noted that attendance may help to fulfill necessary MBE requirements.

5. Substitutions: In accordance with the provisions of NCGS 133-3, material, product, or equipment substitutions proposed by the Bidders to those specified herein can only be considered during the bidding phase until ten (10) days prior to the receipt of bids when submitted to the Designer or Owner with sufficient data to confirm material, product, or equipment equality. Proposed substitutions submitted after this time will be considered only as potential change orders.

Submittals for proposed substitutions shall include the following information:

a. Name, address, and telephone number of manufacturer and supplier as appropriate.

b. Trade name, model, or catalog designation.

c. Product data including performance and test data, drawings with dimensions, specifications, catalog cut-sheets, electrical requirements and schematic diagrams, materials of construction of all components, reference standards, and technical descriptions of material, product, or equipment. Include color samples and samples of available finishes as appropriate.

d. Detailed comparison with specified products including performance capabilities, warranties, maintenance schedule, and test results. Any deviations to the specified product requirements shall be noted.

g. Other pertinent data including data requested by the Designer or Owner to confirm product equality. This may include examples of the substitutes in use on other

Instructions to Bidders I-5 projects along with performance records. The Contractor shall demonstrate that the

Substitution will function equally or better than the specified product, taking into account the Owner’s need of standardization and compatibility with other infrastructure components.

h. Listing of spare parts to be included with Substitution.

i. A comparison of the impact on the Contractor’s schedule between using the proposed Substitution item and the specified product.

If a proposed material, product, or equipment substitution is deemed adequate by the Designer or Owner, all Bidders of record will be notified by Addendum.

6. Bulletins and Addenda: Any addenda to specifications issued prior to the bid opening shall be considered covered in the Proposal and in closing a Contract they will become a part thereof. Addenda may include, but are not limited to, answers to questions, clarifications, and amendments of the Contract Documents. It shall be the Bidder’s responsibility to ascertain prior to bid time the addenda issued and to see that the bid includes any changes thereby required.

Should the Bidder find discrepancies, errors, conflicts, ambiguities, or omissions from the drawings or documents, conflicts between Bidder’s observations and the Contract Documents;

or should it be in doubt as to the meaning of the Contract Documents, it shall at once notify the

Designer or Owner who will provide written instructions in the form of addenda. The Bidder shall submit all questions or requests for clarifications in writing as set forth in the Notice to

Bidders no later than the date established in the Invitation to Bid and Notice to Bidders. Bidders are expressly prohibited from contacting any Brunswick County official or employee except in the manner noted in the Notice to Bidders. A violation of this provision is grounds for the immediate disqualification of the bidder. A copy of all questions, further clarifications and answers will be made in the form of an addendum. Such addendum will be provided to all known bidders and posted on the County’s website. Notwithstanding the foregoing, bidders will be responsible for ensuring that they have all addenda. All addenda shall be acknowledged by the Bidder(s) on the Form of Proposal. The Owner shall endeavor to issue addenda approximately three (3) days prior to the date set for receipt of bids. Neither the Owner nor the Designer will be responsible for any oral instructions.

In the event that discrepancies, errors, conflicts, ambiguities, or omissions are discovered by the Bidder that have not been resolved by the Designer or Owner prior to submitting the bid, the Bidder shall include in the bid the greater quantity or better quality of Work, or compliance with the more stringent requirement resulting in greater cost. Such greater cost shall be included in the bid.

Instructions to Bidders I-6

7. Bid Security: If applicable, each proposal shall be accompanied by a cash deposit or a certified check drawn on some bank or trust company insured by the Federal Deposit Insurance

Corporation, or a bid bond in an amount equal to not less than five percent (5%) of the Bidder’s maximum bid price, said deposit to be retained by the Owner as liquidated damages in event of failure of the successful Bidder to execute the Contract within ten (10) days after the award or to give satisfactory surety as required by law (NCGS 143129).

The bid bond shall be conditioned that the surety will, upon demand, immediately make payment to the obligee upon said bond if the Bidder fails to execute the Contract. The Owner may retain bid securities of any Bidder(s) who may have a reasonable chance of award of

Contract until the 101st day after the bid opening. Other bid securities may be released sooner, at the discretion of the Owner. All bid securities (cash or certified checks) shall be returned to the Bidders within ten (10) days after award of Contract. Standard Form of Bid Bond is included in the Bidding Documents.

8. Receipt of Bids: Bids shall be received in accordance with requirements of the General

Statutes of North Carolina and Brunswick County policy. Bid security shall be required as prescribed by statute. Prior to the deadline for receipt of bids, the Bidder will be permitted to change or withdraw his or her bid.

9. Opening of Bids: Upon opening, all bids shall be opened publicly and read aloud. Once any bid is opened, no bids may be returned by the Designer or Owner to any Bidder. After the bid opening, a Bidder may request that its bid be withdrawn from consideration without forfeiture of the bid security only in accordance with the provisions of the NCGS 143129.1. In accordance with NCGS 143-129.1, a request for withdrawal of a bid must be made in writing to the Owner within seventy-two (72) hours after the bid opening (excluding Saturdays, Sundays, Brunswick

County holidays, and other days in which the Brunswick County government offices are closed).

Except under the provisions of NCGS 143129.1, all bids shall remain valid a minimum of ninety

(90) days from the opening of bids. Award shall be made to the lowest responsive, responsible bidder unless otherwise specified. Approval of the proposal by the Brunswick County Board of

Commissioners at a public meeting or a signed “Notice of Award” shall constitute acceptance of the bidder’s proposal. Notwithstanding the foregoing, Brunswick County shall not be deemed to have finally selected a bidder, and no bidder may begin performing any Work until a Contract has been successfully negotiated and signed by both parties. Should the successful Bidder default and fail to execute a Contract, the Contract may be awarded to the next lowest responsive, responsible Bidder.

The Owner reserves the unqualified right to reject, without prejudice or explanation, any and all bids. Reasons for rejection may include, but shall not be limited to, the following:

a. If the Form of Proposal furnished to the Bidder is not used or is altered.

Instructions to Bidders I-7

b. If the Bidder fails to insert a price for all bid items, alternate and unit prices requested.

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

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

e. If the Bidder fails to complete the proposal form where information is requested so the bid may be properly evaluated by the Owner.

f. If the unit prices contained in the bid schedule do not appear to fall within a competitive range, in Owner’s sole judgment.

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

h. If the Owner suspects the Bidder of collusion or fraud.

i. If the Bidder does not submit all the required proposal forms.

j. If the Bidder does not execute the complete Contract (with performance and payment bonds) within ten (10) days of receipt of the Notice of Award or by such other time as the Owner may designate.

10. Bid Evaluation and Bidder Qualifications: The award of the Contract will be made to the lowest responsive, responsible Bidder as soon as practical. The Owner may award on the basis of the base bid, unit prices, any alternates the Owner chooses, as well as meeting the requirements for consideration as a responsible Bidder. Discrepancies on the Bidder’s proposal shall be resolved based on the Owner’s inspection and interpretation of the proposal as a whole. In cases where it is not evident what portion of a proposal is errant, discrepancies shall be resolved as follows:

• Words shall take precedence over numerical symbols.

• Unit prices shall take precedence over the associated extended price (quantity multiplied by the unit price).

• The correct sum of any column of figures shall take precedence over the indicated sum.

Before awarding a Contract, the Owner may require the apparent low Bidder to qualify himself or herself to be a responsible Bidder by furnishing any or all of the following data:

a. The latest financial statement showing assets and liabilities of the company or other information satisfactory to the Owner.

b. A listing of completed projects of similar size and type.

c. Project references.

d. Permanent name and address of place of business.

e. The number of regular employees of the organization and length of time the organization has been in business under its present name.

Instructions to Bidders I-8

f. The name and home office address of the surety proposed and the name and address of the responsible local claim agent.

g. The names of members of the firms who hold appropriate trade licenses, together with license numbers and the corporate officer who will give his or her personal attention to the Work.

h. Qualifications and references of the resident project superintendent.

i. Other commitments scheduled within the project’s projected timeframe.

j. The Contractor shall perform Work amounting to at least fifty percent (50%) of the

Contract using their own personnel and equipment (owned). No portion of the

Contract shall be sublet, assigned, or otherwise disposed of without the express written consent of the Owner. If the Contractor fails to demonstrate to the Owner that they have the ability to perform the specified percentage of the Work with their own personnel and equipment, the bid may be considered nonresponsive.

k. An experience statement with pertinent information as to similar projects and other evidence of the qualifications for each subcontractor, person, equipment manufacturer, or organization that will furnish labor or materials. If the Owner or

Designer, after investigation, has reasonable objection to any such entity, it may request an acceptable substitute without any increase in the bid price. This does not remove any responsibilities for the substitute to comply with the Contract specifications.

Requested information shall be furnished to the Owner within five (5) days after bid opening.

Failure or refusal to furnish any of the above information, if requested, shall constitute a basis for disqualification of any Bidder.

In determining the lowest responsive, responsible Bidder, the Owner shall take into consideration the quality, performance, and time specified in the proposal for the performance of the Contract.

11. Contract, Performance Bond, Payment Bond, Insurance, E-Verify: The successful Bidder, within twelve (12) days of receipt of the “Notice of Award,” shall sign and deliver the required number of Contract counterparts, a performance bond in an amount equal to one hundred percent (100%) of the Contract Price, a payment bond in an amount equal to one hundred percent (100%) of the Contract Price, all necessary certificates of insurance, and any other conditions precedent set forth in the Notice of Award. Contractor shall comply with the requirements of Article 2 of Chapter 64 of the General Statutes. Further, if Contractor utilizes a subcontractor, Contractor shall require the subcontractor to comply with the requirements of

Article 2 of Chapter 64 of the General Statutes. An additional performance guarantee with the

North Carolina Department of Transportation may be required for work performed in the right-of-way. In this event, the successful Bidder, within twelve (12) days of receipt of the “Notice of

Award,” shall supply the Owner with a copy of the executed performance guarantee and

Instructions to Bidders I-9 evidence of acceptance by the NCDOT. See the General Conditions sections “Terminology and

Intent of Documents,” “Execution of Documents,” “Performance Bond and Payment Bond,”

“Minimum Insurance Requirements,” and any applicable Supplementary General Conditions.

12. Payments: Unless otherwise specified, payments to the successful Bidders (Contractors) will be made on the basis of monthly estimates. See Article 52 - “Requests for Payment,” General

Conditions.

13. Minority Business Participation: Bidders are notified that NCGS 143-128.2 and the

“Brunswick County Minority Enterprise Policy” shall be observed in receiving and awarding

Contracts. As noted in Section 1, appropriate forms and affidavits must be submitted with the bids. Please refer to Section 14 for additional requirements that apply to federal or grant funded projects. The state document entitled “Guidelines for Recruitment and Selection of

Minority Businesses for Participation in State Construction Contracts” may be used for reference. It may be obtained from the State Construction Office website (http://www.nc-sco.com). A listing of Historically Underutilized Businesses may be obtained through the North

Carolina Department of Administration Office for Historically Underutilized Businesses at http://www.doa.state.nc.us/HUB/. Brunswick County promotes the notification and use of

Brunswick County based businesses.

14. Federal or Grant Funded Projects: If any portion of a project is funded with federal and/or grant funding, whether in whole or in part, the requirements of this Section 14 also apply. In the event the requirements between or among state and federal statutes differ, the most restrictive requirements will govern. Bidders interested in being considered for federal or grant funded Work must agree to strictly adhere to all federal requirements as well as any applicable grant award terms and conditions, as more particularly set forth in the Invitation to Bid and/or

Notice to Bidders. These requirements shall also apply to Contractors and Subcontractors, as applicable, under an awarded Contract.

a. Compliance. In performing Work under any Contract funded with federal and/or grant funds, whether in whole or in part, the Bidder must comply with applicable grant award terms and conditions, applicable federal laws, regulations, executive orders, federal government policies, procedures, directives, or guidance that the federal government and/or the grantor agency has issued or may issue governing the expenditure of such funds. The Bidder must also comply with the Uniform

Administrative Requirements, Cost Principles, and Audit Requirements for Federal

Awards, 2 C.F.R. Part 200, which include, without limitation, applicable provisions described in Appendix II to 2 C.F.R. Part 200. Further, pursuant to 2 C.F.R. §

200.327, applicable provisions described in Appendix II to 2 C.F.R. Part 200, shall be included in the Contract Documents, with the Bidder’s express agreement to adhere to same. The County’s payment of funds to the Bidder under any such

Contract shall be contingent upon Bidder’s compliance.

http://www.nc-sco.com/ http://www.nc-sco.com/ http://www.doa.state.nc.us/HUB/

Instructions to Bidders I-10

b. Minority Business Participation. In addition to the requirements of Section 13, pursuant to 2 C.F.R. § 200.321, Bidders shall ensure that small businesses, minority businesses, women’s business enterprises, veteran-owned businesses, and labor surplus area firms are considered. Such consideration includes: (1) these business types are included on solicitation lists; (2) these business types are solicited whenever they are deemed eligible as potential sources; (3) dividing procurement transactions into separate procurements to permit maximum participation by these business types; (4) establishing delivery schedules (for example, the percentage of an order to be delivered by a given date of each month) that encourage participation by these business types; (5) utilizing organizations such as the Small

Business Administration and the Minority Business Development Agency of the

Department of Commerce; and (6) requiring a contractor under a Federal award to apply this section to subcontracts. For the purposes of this section, an entity shall qualify (1) as a “minority business” or “women’s business enterprise” if it is currently certified as a North Carolina “historically underutilized business” under

Chapter 143, Section 128.4(a) of the North Carolina General Statutes, and (2) as a

“small business” if it is independently owned and operated and is qualified under the Small Business Administration criteria and size standards at 13 C.F.R. Part 21.

In addition to the Proposal submittal requirements set forth in Section 1, the Bidder must also include the Socioeconomic Contracting Affidavit with its submission.

c. Utilization of Small Business Concerns. The Bidder must agree to adhere to the requirements of 48 C.F.R. § 52.219-8, as applicable.

d. Disclaimer of Federal Government Obligations or Liability. If applicable, the Bidder and any Subcontractors, acknowledge and agree that, notwithstanding any concurrence by the federal government in or approval of the solicitation or award of a contract in connection with this Invitation to Bid, absent the express written consent by the federal government, the federal government is not a party to this solicitation or any subsequent agreement and shall not be subject to any obligations or liabilities to the Bidder, or any other party (whether or not a party to this solicitation or an awarded Contract) pertaining to any matter resulting from the solicitation or an awarded Contract. It is further agreed that this clause shall be included in each subcontract, if applicable, and shall not be modified, except to identify the Subcontractor who will be subject to its provision.

e. SAM.gov Registration. Interested Bidders must have an active registration in the federal System for Award Management (SAM.gov). In addition to the Proposal

Instructions to Bidders I-11 submittal requirements set forth in Section 1, the Bidder must also provide proof of such registration with its submission.

f. Energy Conservation Requirements. Pursuant to 42 U.S.C. 6321 et seq., the Bidder agrees to comply with mandatory standards and policies relating to energy efficiency, which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act.

g. Americans With Disabilities Act (ADA). The Bidder agrees to comply with all applicable requirements of the Americans with Disabilities Act of 1990 (ADA), as amended, 42 USC § 12101 et seq.; Section 504 of the Rehabilitation Act of 1973, as amended, 29 USC § 794; 49 USC § 5301(d); and any implementing requirements of the federal government. These regulations provide that no handicapped individual, solely by reason of his or her handicap, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity included in or resulting from this bid.

h. Privacy Act. The Bidder agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. § 552a. The Bidder agrees to obtain the express consent of the federal government before the Bidder or its employees operate a system of records on behalf of the federal government. The Bidder understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. The Bidder also agrees to include these requirements in each subcontract, if applicable, to administer any system of records on behalf of the federal government financed, in whole or in part, with federal assistance.

i. Drug-Free Workplace. The Bidder shall adhere to the federal Drug Free Workplace requirements as outlined in 2 C.F.R. § 182. The Bidder shall make good faith efforts to maintain a drug-free workplace, publish a workplace statement, and establish drug-free awareness programs for employees. The Bidder should take action concerning employees who are convicted of violating drug statutes in the workplace. The Bidder shall contact Brunswick County if the Bidder cannot adhere to the requirements of the federal regulations noted above. Failure to comply with said provisions shall be considered a breach of Contract.

j. Additional Federal Provisions. The Bidder shall agree to comply with the following additional provisions and regulations, which are incorporated by reference to the extent permitted by applicable statute:

Instructions to Bidders I-12

• Equal Employment Opportunity (41 C.F.R. Part 60)

• Davis-Bacon Act (40 U.S.C. 3141-3148; 29 C.F.R. Part 5)

• Copeland “Anti-Kickback” Act (40 U.S.C. 3145; 29 C.F.R. Part 3)

• Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708; 29 C.F.R.

Part 5)

• Clean Air Act (42 U.S.C. 7401 et seq.)

• Federal Water Pollution Control Act (33 U.S.C. 1251 et seq.)

• Debarment and Suspension (2 C.F.R. § 200.214; 2 C.F.R. Part 3000; Executive Orders 12549 and 12689)

• Byrd Anti-Lobbying Amendment (31 U.S.C. 1352 et seq.)

• Domestic Preference for Procurements (2 C.F.R. § 200.322)

• Build America, Buy America Act (2 C.F.R. Part 184; Pub. L. 117-58 §§ 70901-52)

• Procurement of Recovered Materials (2 C.F.R. § 200.323)

• Record Retention Requirements (2 C.F.R. § 200.334; 2 C.F.R. § 200.337)

• Prohibition on Contracting for Covered Telecommunications Equipment or Services (2 C.F.R. § 200.216)

• No Obligation by Federal Government (2 C.F.R. § 200.318(k))

• Program Fraud and False or Fraudulent Statements or Related Acts (31 U.S.C. §§ 3729-3733)

• Socioeconomic Contracting (2 C.F.R. § 200.321)

• Providing Good, Safe Jobs to Workers (FEMA Information Bulletin No. 520)

• Buy Clean (Inflation Reduction Act)

• Copyrights (2 C.F.R. § 200.315)

• Title VI of the Civil Rights Act of 1964

• Section 504 of the Rehabilitation Act of 1973

• The Age Discrimination Act of 1975

PS-1

SCOPE OF WORK

The Scope of Work includes, but is not necessarily limited to, the following:

1. SCOPE OF WORK

1.1 Plumbing connection to the grinder pump – These services shall be paid on a firm, fixed-price unit cost (Each/EA) basis. The quantity in this document is an estimated quantity for bidding purposes only. The County does not guarantee any minimum or maximum number of connections under an awarded contract. The Contractor shall only be paid for the actual number of plumbing connections completed.

The Contractor shall supply and install up to 50 linear feet of up to 4-inch sewer piping

(typical materials: SDR-35 or Schedule 40 PVC) in compliance with applicable County and

State plumbing codes. The work shall be completed in two phases. Phase 1 includes installing the new sewer piping from the residence’s existing house drain to the County-installed grinder pump. Phase 2 includes switching the house drain connection to the new sewer piping connected to the grinder pump and capping and abandoning the existing plumbing connected to the septic system. The Contractor shall ensure proper slope for all gravity-fed sections to maintain adequate flow. Final connection locations shall be determined in the field in coordination with the homeowner and the County.

1.2 Additional sewer piping – These services shall be paid on a firm, fixed-price unit cost linear foot (LF) basis. Additional piping will only be required or approved if the existing house plumbing is located more than 50 LF from the grinder pump and it is determined to be necessary and feasible to extend piping this distance. The Contractor must notify the County for review and authorization prior to commencing any additional work.

The Contractor shall be paid only for the actual additional length of pipe installed and completed per the unit price at bid.

1.3 Contractor shall ensure that all plumbing work complies with the North Carolina Plumbing

Code.

1.4 Contractor shall include in the firm, fixed-price bid all costs for mobilization, overhead, insurance, cleanup, obtaining all required permits and coordination for same, utility/service coordination and fees, and all ancillary items required to provide a complete and operational service.

1.5 Contractor shall be responsible for providing any materials, tools, and equipment necessary to complete the work that are not explicitly listed herein.

1.6 Contractor shall be responsible for initiating utility locates with NC811 prior to each assignment.

1.7 Contractor shall adhere to all applicable Brunswick County Design Manual, Technical

Specification and Standard Details, located on the Brunswick County website:

https://www.brunswickcountync.gov/245/Engineering-Design-Manual.

1.8 Contractor shall ensure that no debris is left at the site.

https://www.brunswickcountync.gov/245/Engineering-Design-Manual

PS-2

Any changes to the foregoing Scope of Work or Specifications will be made in the form of an

Addendum to this Invitation to Bid and will be supplied to all known prospective contractors and posted on the Brunswick County website.