Seven Oak Renovations.pdf

Pender County, North Carolina Purchasing Manager, Jennifer West

805 South Walker Street P.O. Box 1578

Burgaw, NC 28425 (910)259-1282 www.pendercountync.gov

INVITATION FOR BID

BID NO: #27-004

TITLE: SEVEN OAKS RENOVATIONS

NOTICE TO BIDDERS

Pender County Government is soliciting bids on behalf of Seven Oaks Apartments from qualified contractors to provide renovation services for four (4) apartments at Seven Oaks, located at 205 Progress Drive, Burgaw, NC 28425. The selected contractor shall provide all labor, materials, equipment, and services necessary to complete the renovations in accordance with the specifications and requirements outlined in this Invitation for Bids (IFB).

Sealed bids will be received by Pender County Finance, located at 805 S. Walker Street, Burgaw, NC 28425, until 2:00 PM on October 28, 2026, at which time and place all bids will be publicly opened and read aloud. Bids received after the stated deadline will not be accepted.

Bid documents, specifications, and submission requirements may be obtained beginning October 19, 2026, by accessing:

Pender County website: https://pendercountync.gov/bids.aspx eVP North Carolina Solicitations: https://evp.nc.gov/solicitations/ Star Newspaper: www.starnewsonline.com

Or contacting Purchasing Manager Jennifer West: purchasing@pendercountync.gov

All bids must be submitted in a sealed envelope clearly labeled:

“IFB #27-004 Seven Oaks Renovations”

Award, if made, will be to the lowest responsive, responsible bidder for the project, subject to approval by the Pender County Board of Commissioners and availability of appropriated funds. The County reserves the right to reject any or all bids for sound documented reasons and to waive minor informalities that do not affect price, scope, or competitive fairness.

Jennifer West Purchasing Manager, Pender County http://www.pendercountync.gov/ https://pendercountync.gov/bids.aspx https://evp.nc.gov/solicitations/ http://www.starnewsonline.com/ mailto:purchasing@pendercountync.gov mailto:facilitiesbids@ucps.k12.nc.us

805 South Walker Street P.O. Box 1578

Burgaw, NC 28425

INVITATION FOR BID

FORMAL

Bid No: IFB #27-004 Title: Seven Oaks Renovations Procurement Contact: Jennifer West purchasing@pendercountync.gov

BID SUBMITTAL: Sealed Bids will be received no later than 2:00 PM on October 28, 2026, at Pender County, 805 S. Walker Street, Burgaw NC, 28425. All sealed bids must be in an envelope marked with IFB #27-004, Attention: Jennifer West.

It is the sole responsibility of the Bidder to familiarize themselves with all aspects of this project. It is the responsibility of the Bidder to check the County’s website for addendum related to this IFB prior to submission.

A complete BID CHECKLIST and all related documentation is required for the bid to be deemed responsive.

Failure to meet these requirements will not justify a change order.

Each bid shall include a separately sealed bid bond equal to 5% of the total bid. Before contract execution, the successful bidder shall furnish performance and payment bonds, each equal to 100% of the contract amount.

COMMUNICATION: During the bid process, all communication relating to this bid shall be directed to the Procurement Contact identified above. Failure to meet this requirement may consider your bid non-responsive.

All questions relating to this project shall be directed to the Procurement Contact identified above in the form of an email no later than October 22, 2026, by 2:00 PM. Please include the following in the subject line: “IFB #27-004 Questions”. Answers will be provided to all bidders in the form of an addendum which will be posted on Pender County website: https://pendercountync.gov/bids.aspx and NC State website: https://evp.nc.gov/solicitations/?status=0 .

DESCRIPTION OF PROJECT: The Scope of Work & Drawings are attached as EXHIBIT 1.

AWARD: Pender County on behalf of Seven Oaks Apartments desires to promptly approve a contract after a decision has been made to award. Bidder awarded the contract is expected to promptly sign the contract in the form attached hereto as EXHIBIT 2. Any requested changes to this contract form should be provided with your response. Bids shall remain valid for no less than 90 days to allow sufficient time to award.

Award, if made, shall be to the lowest responsive, responsible bidder for all four apartments, based on the total bid including contingency. The County reserves the right to reject any or all bids for sound documented reasons.

No Contract shall be executed, and no work shall commence, until all required documentation has been received and approved.

http://www.pendercountync.gov/ mailto:purchasing@pendercountync.gov https://pendercountync.gov/bids.aspx https://evp.nc.gov/solicitations/?status=0

805 South Walker Street P.O. Box 1578

Burgaw, NC 28425 (910)259-1282 www.pendercountync.gov

CONFLICT OF INTEREST: All parties (including subconsultants) must maintain compliance with conflicts of interest guidelines that meet or exceed those required under 2 C.F.R. § 200.318(c)(1) for all projects funded in part or whole with federal or State financial assistance (direct or reimbursed). In addition to the prohibition against self-benefiting from a public contract under G.S. 14-234, no officer, employee, elected official, governing body member, or agent of Pender County may participate directly or indirectly in the selection, award, or administration of a contract supported by a federal or State award if he or she has a real or perceived conflict of interest. A real or perceived conflict exists when any of the following parties has a financial or other interest in or receives a tangible personal benefit from award of a contract:

the officer, employee, elected official, governing body member, or agent involved in the selection, award, or administration of a contract; as well as any member of his or her immediate family; his or her partner;

or an organization which employs or is about to employ any of these parties. Any such conflict shall be disclosed in writing and included with the Proposal. Contractors that are related to County personnel having any influence over the decisions to consider or award a contract are strictly prohibited from bidding/responding or accepting award of County contracts. Accepting gifts and favors from Contractors and contractors is prohibited under G.S. 133-32, additionally officers, employees, elected officials, governing body members, and agents of Pender County are prohibited from accepting or soliciting gifts, gratuities, favors, or anything of monetary value from contractors, suppliers, or parties to subcontracts.

Violating this policy will result in disciplinary action for the employee and termination of the contract and violating firms/persons may not be eligible for future contract awards.

RESERVES RIGHT TO AMEND. The County reserves the right to amend, at any time, any part of this IFB upon publication on the County website at www.pendercountync.gov/bids and to change any of the scheduled dates, including the bid due date. All changes will become part of this IFB and will be incorporated into the agreement entered between the County and the Contractor.

RESERVES RIGHT TO REJECT ANY/ALL BIDS: The County reserves the right to waive any informalities, to reject any or all bids, and to accept that Bid or Bids which is in the best interest of the County.

COST OF BIDDING AND MATERIALS SUBMITTED: The County is not liable for any costs or expenses incurred by the Contractor in participating in a site tour or in the preparation of a bid. All materials submitted become the property of the County.

PUBLIC RECORD: Any material submitted in the bid package will become a “public record” once bids are opened and shall be subject to public disclosure consistent with North Carolina General Statutes. (G.S.132‑1, 132‑6, 143‑131).

AUDIT: All procurement documents and contracts will be subject to audit. The Contractor will give full and free access to all records and materials necessary to perform audit fieldwork, including data stored on computer systems, for the County and its authorized representatives. This provision applies to any subcontractor as well.

http://www.pendercountync.gov/bids

805 South Walker Street P.O. Box 1578

Burgaw, NC 28425

TRADE SECRETS/PROPRIETARY INFO: Trade secrets or proprietary information submitted by a firm in connection with a procurement transaction shall not be subject to the public disclosure under the North Carolina Public Records Act pursuant to G.S 66-152(3) and 132-1. 2.. However, the firm must invoke the protection of this section prior to or upon submission of the data or other materials and must identify the data on other materials to be protected and state the reasons why protection is necessary. Each individual page considered a trade secret or proprietary information must be labeled “Confidential” in the top right corner. This right of privacy will be construed as narrowly as possible to protect the interests of the individual responding to the IFB while attempting to maximize the availability of information to the public. After opening, your bid will be provided to County staff and others who participate in the evaluation process, and to members of the general public who submit public records requests. Do not attempt to designate your entire Bid as a trade secret, and do not attempt to designate pricing information as a trade secret. Doing so may result in your Bid being disqualified. In submitting a Bid, each Contractor agrees that the County may reveal any trade secret materials contained in such response to all County staff and County officials involved in the selection process, and to any outside consultant or other third parties who assist the County in the selection process. Furthermore, each Contractor agrees to indemnify and hold harmless the County and each of its officers, employees, and agents from all costs, damages, and expenses incurred in connection with refusing to disclose any material which the Contractor has designated as a trade secret.

805 South Walker Street P.O. Box 1578

Burgaw, NC 28425 (910)259-1282 www.pendercountync.gov

BID REQUIREMENTS:

Bid Documents for Submission (listed in BID CHECKLIST as Attachment A):

• Cost Proposal Form – completed including timeline

Bidders shall submit a completed Cost Proposal Form identified in this Invitation for Bids. The Cost Proposal shall represent the full and complete scope of work in accordance with the contract documents, including but not limited to the Scope of Work, drawings, specifications, and all addenda.

Pender County reserves the right to award one site, multiple sites, or all sites, or to reject any or all bids, as determined to be in the best interest of the Owner.

Failure to submit a completed and executed Cost Proposal Form may result in the bid being deemed non-responsive.

Timeline should include consecutive calendar days required to achieve Final Completion from issuance of Notice to Proceed. Timelines must be vetted and accurate to the best of Contractor's knowledge, and must account for adverse weather conditions typical of the region expected during the Contract period.

• Non-Collusion Affidavit – completed and notarized

• Certification Regarding Suspension and Debarment – completed and notarized

• E-Verify Affidavit – completed

• Iran Divestment Act Certification – completed

• IRS Form W-9 – completed within the last 12 months

• Certificate of Insurance – as specified in the contract terms and conditions

• Contract – ready for consideration, note any recommended or required changes for consideration

EXHIBIT 1

SCOPE OF WORK & DRAWINGS

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Project: Seven Oaks – Complete Renovation of Four Apartments Location: 205 Progress Drive, Burgaw, NC 28425 Project Manager: Brianna Martindale, Housing Director

1. PROJECT OVERVIEW

Pender County Government is soliciting sealed bids on behalf of Seven Oaks Apartments from qualified contractors to provide all labor, materials, equipment, supervision, permits, disposal, and other services necessary to complete the full restoration and upgrade of four (4) apartments at Seven Oaks, located at 205 Progress Drive, Burgaw, North Carolina.

The project consists of the complete renovation of the following units:

• Apartments A and B: Three Bedrooms and Two Bathrooms (see drawings provided)

• Apartments C and D: Two Bedrooms and One Bathroom (see plans provided)

All four apartments shall be renovated to match the quality, appearance, finishes, and specifications of the previously renovated apartments at Seven Oaks. The County will provide photographs, specifications, dimensions, and other applicable reference materials with this IFB. Bidders shall review all attachments when preparing their bids.

The project is intended to provide fully restored, upgraded, clean, safe, and move-in-ready apartments upon completion.

2. GENERAL CONTRACTOR REQUIREMENTS

The awarded contractor shall:

A. Provide all labor, materials, tools, equipment, supervision, transportation, and services necessary to complete the renovations.

B. Obtain all required permits and inspections and comply with applicable federal, state, and local building codes, regulations, and safety requirements.

C. Coordinate all work with the County-designated Project Manager.

D. Inspect each apartment before beginning work and identify existing conditions that may affect the scope, schedule, or cost of the project.

E. Promptly notify only the Project Manager directly of concealed damage, additional results of water damage, plumbing concerns, electrical issues, or other unforeseen conditions discovered during demolition.

F. Obtain written approval from the Project Manager before performing work outside the approved scope or proceeding with additional cost work.

G. Protect existing property and common areas from damage and maintain a safe, orderly worksite.

H. Remove and legally dispose of all demolition debris, discarded materials, and construction waste.

I. Keep the Project Manager informed of project progress, anticipated delays, and any issues that may affect completion.

J. Complete all work in a professional and orderly manner.

K. Restrict access to only required personnel and maintain security for the property.

L. Direct all public inquiries to the Project Manager for response.

3. DETAILED SCOPE OF WORK

A. Demolition and Preparation

The contractor shall perform all demolition and preparation necessary for the complete renovation of each apartment, including:

• Remove existing kitchen and bathroom cabinets.

• Remove existing flooring throughout each apartment.

• Remove and replace all existing interior doors, as specified for the project.

• Remove existing appliances and prepare the appropriate locations for replacement appliances.

• Remove damaged or water-affected drywall, particularly in the wall area between the kitchen and bathroom.

• Patch all holes, cracks, and damaged areas in walls and ceilings as necessary to provide a smooth, finished surface.

• Remove damaged materials and debris from the property.

• Inspect exposed areas for underlying damage before installing replacement materials.

Demolition shall be performed carefully to avoid unnecessary damage to plumbing, electrical systems, structural components, and other building systems. Every effort shall be made to avoid disruption to neighboring units.

B. Water Damage and Drywall Repairs

The contractor shall address the reported water damage between the kitchen and bathroom walls in the affected apartments. Work shall include:

• Remove water-damaged drywall and any other damaged building materials in the affected area.

• Inspect exposed framing and surrounding materials for moisture-related damage.

• Identify and report the source of any active water leak to the Project Manager.

• Coordinate necessary plumbing repairs to correct the source of the leak, subject to the approved scope and

County authorization.

• Replace damaged drywall with appropriate materials.

• Properly finish, tape, mud, sand, and prepare repaired surfaces for painting.

• Ensure affected areas are appropriately dry and suitable for reconstruction before closing the wall.

Any potentially hazardous conditions shall be reported immediately. Reports should be made directly and only to the Project Manager for coordinated response efforts. Remediation beyond the approved scope shall require Project Manager authorization and evaluation by any necessary qualified professionals.

C. Kitchen Renovations

All existing kitchen cabinets shall be removed and replaced. Kitchen renovation work shall include:

• Furnish and install new kitchen cabinets.

• Furnish and install new countertops.

• Install appropriate cabinet hardware and necessary trim and finishing materials.

• Reconnect plumbing fixtures and appliances affected by the renovation.

• Make necessary adjustments to ensure cabinets, countertops, and appliances fit the existing kitchen layout.

• Seal and finish joints and connections as appropriate.

• Repair surfaces affected by the installation.

All cabinets and countertops must be comparable in quality, appearance, and dimensions to the previously renovated Seven Oaks apartments shown in the IFB attachments. Substitutions must receive written Project Manager approval before ordering or installation.

D. Bathroom Renovations

All existing bathroom cabinets and toilets shall be removed and replaced. Bathroom renovation work shall include:

• Furnish and install new bathroom cabinets or vanities.

• Furnish and install replacement countertops where applicable.

• Furnish and install new toilets in every bathroom.

• Reconnect plumbing and verify that all fixtures operate properly.

• Inspect accessible plumbing connections for leaks.

• Repair drywall and surrounding surfaces affected by demolition or installation.

• Match finishes, colors, styles, and dimensions to the previously renovated apartments and the IFB attachments.

The two three-bedroom apartments each contain two bathrooms, and the two two-bedroom apartments each contain one bathroom. Therefore, the project includes replacement of all six existing toilets.

E. Appliance Replacement

The contractor shall remove and replace all existing appliances in all four apartments, as well as:

• Provide new appliances appropriate for each apartment and its existing utility connections.

• Match appliance types, sizes, finishes, and general specifications to the previously renovated apartments and the IFB attachments.

• Verify dimensions and utility requirements before ordering.

• Install and connect appliances in accordance with manufacturer instructions and applicable codes.

• Test each appliance to verify proper operation before project completion.

• Remove and legally dispose of all replaced appliances.

The contractor shall include all appliances, delivery, installation, required connections, and related labor in the bid price. The County shall identify the required appliance types and specifications in the IFB attachment.

SPECIFICATION: Appliances should be provided as follows:

Range: Whirlpool or Amana Electric 4-Burner Range Refrigerator: Whirlpool or Amana Electric Top Freezer Bottom Refrigerator

F. Flooring Replacement

All existing flooring shall be removed and replaced throughout all four apartments.

Bedrooms:

• Install new carpet in every bedroom.

• Include appropriate padding, installation materials, transitions, and finishing.

• Match the carpet color, style, and general quality of the reference apartments and attached specifications.

All Other Areas:

• Install new luxury vinyl plank (LVP) flooring in all remaining areas, including living rooms, kitchens, bathrooms, hallways, and other non-bedroom spaces as applicable.

• Prepare subfloors as necessary for proper installation.

• Provide required underlayment, transitions, trim, and finishing materials.

• Ensure flooring is installed according to manufacturer specifications and applicable moisture requirements.

The contractor shall verify subfloor conditions before installation and notify the Project Manager of any damage or conditions requiring additional work.

G. Interior Doors and Trim

All existing interior doors included in the renovation shall be removed and replaced. Work shall include:

• Furnish and install new doors of appropriate sizes and types.

• Provide necessary hardware, hinges, latches, and associated installation materials.

• Repair and prepare door frames and surrounding surfaces as needed.

• Ensure all doors open, close, and latch properly.

• Paint all new doors and associated trim as specified.

• Match the style, finish, and appearance of the reference apartments.

H. Painting and Surface Finishing

All apartments shall receive new interior paint as part of the complete renovation. Painting shall include:

• All interior walls.

• All ceilings where specified or where repairs require repainting.

• All interior doors.

• All door trim, baseboards, and other painted trim.

• All patched, repaired, or newly installed drywall surfaces.

• Other painted interior surfaces identified in the IFB attachments.

The contractor shall prepare all surfaces by filling holes, repairing imperfections, sanding, cleaning, and applying appropriate primers and finishes.

Paint colors, sheen, and finish quality shall match the reference apartments and the specifications included with the IFB. The contractor shall obtain Project Manager approval of colors and finishes before painting.

All painting shall be completed neatly and uniformly, with no visible missed areas, excessive drips, or unacceptable imperfections.

SPECIFICATION: Paint should be Sherwin Williams Antique White SW6119 SuperPaint Interior Satin.

I. Plumbing, Electrical, and Related Work

The contractor shall inspect and address plumbing and electrical connections affected by the renovation, including:

• Reconnect and test plumbing fixtures, toilets, and appliances.

• Verify that new appliances operate correctly with the available utilities.

• Repair damage caused by the contractor during demolition or installation.

• Ensure all work is performed by appropriately qualified and licensed personnel when required.

• Obtain required permits and inspections for regulated work.

Any pre-existing deficiencies outside the approved scope shall be reported to the Project Manager. Additional work shall not proceed without written authorization.

J. Final Cleaning and Turnover

Upon completion, the contractor shall:

• Remove all construction debris, packaging, excess materials, and equipment.

• Clean floors, cabinets, countertops, bathrooms, appliances, doors, and other affected surfaces.

• Remove paint splatters, adhesive residue, and other construction-related marks.

• Verify that all appliances and plumbing fixtures operate properly.

• Confirm that doors, locks, cabinet hardware, and other installed components function correctly.

• Leave each apartment clean, safe, and ready for occupancy.

4. REFERENCE APARTMENTS AND MATERIAL SPECIFICATIONS

The County will include photographs, dimensions, specifications, and other reference information showing the previously renovated Seven Oaks Apartments.

Bidders shall use these attachments to determine the required quality, materials, colors, finishes, dimensions, and appearance of the completed work.

All proposed materials and finishes must be comparable to the reference apartments. The contractor shall not substitute different materials, colors, styles, or finishes without prior written approval from the Project Manager.

The contractor is responsible for verifying measurements, quantities, and site conditions before ordering materials. Any discrepancies between the existing conditions, reference photographs, dimensions, and written specifications shall be brought to the Project Manager's attention before proceeding.

5. SUBCONTRACTOR NOTIFICATION AND COORDINATION

The awarded contractor shall provide the designated Project Manager with a complete list of all proposed subcontractors before any subcontractor begins work. The list shall include, at a minimum:

• Subcontractor business name.

• Contact person and telephone number.

• Description of the work to be performed.

• Applicable license information, where required.

• Anticipated dates of work.

The contractor shall notify the Project Manager in writing of any changes to the subcontractor list before the replacement or additional subcontractor begins work.

The prime contractor shall remain responsible for all subcontractor work, scheduling, coordination, safety, workmanship, and compliance with the contract. Project Manager acknowledgment of the subcontractor list shall not relieve the prime contractor of any contractual responsibility.

6. PROJECT SCHEDULE AND COMMUNICATION

Any and all communication concerning this project should be communicated directly and only to the specified Project Manager for this project. Questions and concerns from the community should be directed to the Project Manager for response.

The contractor shall submit a proposed project schedule identifying anticipated start and completion dates and the major phases of work. The contractor shall coordinate the schedule with the Project Manager and provide regular progress updates, preferably daily.

Any delay, unforeseen condition, or issue that may affect the approved schedule shall be reported promptly to the Project Manager. Changes to the completion date or project scope require County approval in accordance with the contract.

7. PUNCH LIST AND FINAL ACCEPTANCE

Upon substantial completion, the contractor shall notify the Project Manager and request a walkthrough of each apartment.

The Project Manager and contractor shall jointly inspect the apartments and prepare a written punch list identifying incomplete work, deficiencies, damage, missing items, and any work that does not comply with the contract documents.

The contractor shall:

1. Complete all punch-list items at no additional cost when the items are required to satisfy the original contract.

2. Correct defective workmanship and replace damaged or nonconforming materials.

3. Complete all corrections within the timeframe established by the Project Manager.

4. Request a follow-up inspection after all punch-list items have been addressed.

5. Provide documentation of required permits, inspections, warranties, and appliance information before final acceptance, as applicable.

Final acceptance shall occur only after the Project Manager determines that all required work has been completed satisfactorily and all punch-list items have been resolved.

8. WARRANTY

The contractor shall provide written warranties for workmanship, installed materials, cabinets, countertops, flooring, appliances, and other items where applicable. Manufacturer warranties shall be transferred or provided to the owner.

The contractor shall identify warranty terms, coverage periods, exclusions, and the process for submitting warranty claims in the closeout documentation.

9. BID PRICING REQUIREMENTS

Bidders shall provide a complete, all-inclusive price for the renovation of all four apartments in accordance with the IFB specifications. Bids shall be submitted, and the contract awarded, on a fixed-price basis subject to adjustments authorized by written change order.

The bid shall identify the price for each apartment and the total project price. Any requested allowances, unit prices, or alternate pricing shall be entered separately on the required bid form.

The bid price shall include all labor, materials, appliances, delivery, demolition, disposal, installation, permits, inspections, subcontractor costs, supervision, cleanup, and other costs necessary to complete the specified work.

Bidders shall identify exclusions and proposed deviations from the specifications in writing. Unapproved substitutions or exclusions shall not be assumed to be accepted by the County.

10. COMPLETION STANDARD

The project shall be considered complete when all four apartments have been fully renovated in accordance with the IFB documents, approved reference materials, applicable codes, and County requirements.

All apartments shall be clean, safe, functional, and ready for occupancy, with all required work completed and all punch-list items resolved to the County's satisfaction.

EXHIBIT 2

DRAFT CONTRACT

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Contract #:

CONTRACT FOR SERVICES

This Contract for Services (“Contract”) is made and entered into [Date] between Pender County, with a mailing address of 805 S. Walker Street, Burgaw, North Carolina 28425 and [Contractor Name] ("Contractor").

For and in consideration of the mutual promises set forth in this Contract, the parties do mutually agree as follows:

1. Obligations of Contractor. The Contractor agrees to provide the services, goods, materials, equipment, and/or software to fully, timely and properly complete Seven Oaks Apartment Renovations as more particularly described in the Scope of Work document attached hereto and incorporated herein by reference as EXHIBIT 1.

For construction Contracts, this Contract incorporates by reference the construction design drawings, plans and specifications, described as follows, which will govern the Services and/or Goods to be provided by the Contractor: See Drawings attached as part of EXHIBIT 1.

The term of this Contract shall be as follows:

Date of Notice to Proceed Number of Days Required for Work Date of Anticipated Final Completion

Pender County and Contractor recognize that time is of the essence to this Agreement and that Pender County will suffer financial loss if the work is not completed within the times specified herein. Both parties also recognize the delays, difficulties and expenses involved in proving, in a legal or arbitration proceeding, the actual loss suffered by Pender County if the Work is not completed on time. Accordingly, in lieu of requiring such proof, Pender County and the Contractor agree that as liquidated damages for delay (but not as penalty) the Contractor shall pay to Pender County for each day in excess of the term allowed for completion of the Work, the sum of $150 as liquidated damages.

This Contract does not grant the Contractor the right or the exclusive right to provide specified Services and/or Goods to Pender County. Similar Services and/or Goods may be obtained from sources other than the Contractor (or not at all) at the discretion of Pender County.

The Contractor shall begin work immediately or as agreed upon issuance of written notice to proceed. The Contractor agrees to perform the Services and/or supply the Goods in a timely, complete, and professional manner and in accordance with the terms and conditions of this Contract. Furthermore, the Contractor represents and warrants that (i) it is duly qualified and, if required by law, licensed to provide the Services and/or Goods; (ii) it will provide the Services and/or Goods in a manner consistent with the level of care and skill ordinarily exercised by contractors providing similar Services and/or Goods under similar conditions; (iii) it possesses sufficient experience, personnel, and resources to provide the Services and/or Goods; (iv) it shall provide the Services and/or Goods in compliance with applicable laws, statutes, ordinances, codes, orders, rules and regulations; and (v) its reports, if any, shall be complete, accurate, and unambiguous.

2. Obligations of PENDER COUNTY. Pender County hereby agrees to pay to the Contractor for the faithful performance of this Contract, and the Contractor hereby agrees to provide all of the Services and/or Goods, for the sum not to exceed [Contract Price] (“Contract Price”) subject to adjustments as provided for in the Contract Documents:

Contract Price 10% Contingency Total Not To Exceed

3. Project Manager. Brianna Martindale, Housing Director is designated as the Project Manager for PENDER COUNTY. The Project Manager shall be PENDER COUNTY's representative in connection with the Contractor's performance under this Contract. PENDER COUNTY has complete discretion in replacing the Project Manager with another person of its choosing.

4. Contractor Supervisor. [Primary Contact for Contractor] is designated as the Contractor Supervisor for the Contractor. The Contractor Supervisor is fully authorized to act on behalf of the Contractor in connection with this Contract.

5. Project Communication. Any and all communication concerning this project should be communicated directly and only to the specified Project Manager by the Contractor Supervisor. Questions and concerns from the community should be directed to the Project Manager for response.

6. Terms and Methods of Payment. PENDER COUNTY will make payment after invoices are approved by the Project Manager on a net 30-day basis. PENDER COUNTY will not pay for services or materials in advance without the prior written approval of the Finance Director.

7. Standard Terms and Conditions: Contractor agrees to the Standard Terms and Conditions set forth as Attachment A attached hereto and incorporated herein by reference.

8. Counterpart Execution. This Contract may be executed and recorded in two or more counterparts, each of which shall be deemed an original and all of which, when taken together, shall constitute one and the same instrument. Each party shall be entitled to rely upon executed copies of this Contract transmitted by facsimile or electronic “PDF” to the same and full extent as the originals.

IN WITNESS WHEREOF, Pender County and the Contractor have executed this Contract that is hereby effective as of the day and year first written above.

Signature:

Contractor:

Title:

Date:

County Manager:

Project Manager:

This instrument has been preaudited in the manner required by the Local Government Fiscal Control Act.

Finance Director:

CONTRACT ATTACHMENT A

TERMS AND CONDITIONS

Pender County requires adherence to the general purchase order Terms & Conditions that can be reviewed at: https://www.pendercountync.gov/DocumentCenter/View/3002/Pender-County-Contract-Terms-and-Conditions. Failure to comply with these Terms and Conditions or any other provisions of the General Statutes of North Carolina will result in rejection of the bid.

I. Standard Terms and Conditions

1. Indemnification: Contractor agrees to defend, indemnify, and hold harmless the County for all loss, liability, claims, or expense (including reasonable attorney's fees) arising from bodily injury, including death or property damage, to any person or persons caused in whole or in part by the negligence or misconduct of the Contractor, except to the extent same are caused by the negligence or willful misconduct of the County. It is the intent of this section to require Contractor to indemnify Pender County to the extent permitted under North Carolina law.

2. E-Verify: Contractor agrees to comply with the requirements of Article 2 of Chapter 64 of the General Statutes, as applicable.

3. Availability of Funds: Any contract shall be deemed in force only to the extent of appropriations available to each department for the purchase of such goods and/or services. The County’s extended obligations on contracts that include funding through successive fiscal periods shall be contingent upon actual appropriations for the successive periods (additional years).

4. Conflict of Interest: All parties (including subconsultants) must maintain compliance with conflicts of interest guidelines that meet or exceed those required under 2 C.F.R. § 200.318(c)(1) for all projects funded in part or whole with federal or State financial assistance (direct or reimbursed). In addition to the prohibition against self-benefiting from a public contract under G.S. 14-234, no officer, employee, elected official, governing body member, or agent of Pender County may participate directly or indirectly in the selection, award, or administration of a contract supported by a federal or State award if he or she has a real or perceived conflict of interest. A real or perceived conflict exists when any of the following parties has a financial or other interest in or receives a tangible personal benefit from award of a contract: the officer, employee, elected official, governing body member, or agent involved in the selection, award, or administration of a contract; as well as any member of his or her immediate family; his or her partner; or an organization which employs or is about to employ any of these parties.

Accepting gifts and favors from Contractors and contractors is prohibited under G.S. 133-32, additionally officers, employees, elected officials, governing body members, and agents of Pender County are prohibited from accepting or soliciting gifts, gratuities, favors, or anything of monetary value from contractors, suppliers, or parties to subcontracts. Violating this policy will result in disciplinary action for the employee and termination of the contract and violating firms/persons may not be eligible for future contract awards.

5. Assignment: No assignment of the resulting contract may take place without the express written permission from the County. This includes assignment or sale of the Contractor to another institution.

6. Retainage: Pender County will hold up to 5% retainage on a general contractor where the contract value is $150,000.00 or more as allowed by G.S. §143-134.1(b1)(1).

7. Dispute resolution: Pender County shall use the dispute resolution process adopted by the State Building Commission pursuant to G.S. 143-128(f1) and 143-135.26(11). All parties agree to be https://www.pendercountync.gov/DocumentCenter/View/3002/Pender-County-https://www.pendercountync.gov/DocumentCenter/View/3002/Pender-County-Contract-Terms-and-Conditions https://www.pendercountync.gov/DocumentCenter/View/3002/Pender-County-Contract-Terms-and-Conditions https://www.pendercountync.gov/DocumentCenter/View/3002/Pender-County-Contract-Terms-and-Conditions governed by North Carolina law without regard to its conflicts of law principles. Any legal actions arising from this IFB process or resulting contract shall be brought in Pender County, North Carolina.

8. Certification Regarding Suspension and Debarment: By providing a bid in response to this IFB, the Contractor is asserting eligibility to contract with Pender County and is not proposed for or determined suspended or debarred.

9. Iran Divestment Act Certification: Contractor certifies that, as of the date of the bid, the Contractor is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. § 143-6A-

4. In compliance with the requirements of the Iran Divestment Act and N.C.G.S. § 143C-6A-5(b), Contractor shall not utilize in the performance of the contract any subcontractor that is identified on the Final Divestment List.

10. Insurance. The selected Contractor shall purchase and maintain in force, at its own expense, such insurance as will protect the firm and the County, to include general liability insurance coverage, professional liability (E&O), automobile and worker’s comp (as applicable), from claims which may arise out of or result from the firm’s execution of the work, whether such execution be by himself, his employees, agents, subcontractors, or by anyone for whose acts any of them may be liable. The insurance coverage shall be such as to fully protect the County, and the general public from any and all claims for injury and damage resulting by any actions on the part of the firm or its forces as enumerated above.

Terms and Limits should be reasonably associated with the contract. As a minimum, the Contractor or Contractor shall provide and maintain the following coverage and limits:

Commercial General Liability – General Liability Coverage, on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $1,000,000.00 combined single limit (Defense cost shall be in excess of the limit of liability).

Professional Liability (E&O) – Professional Liability Coverage, on a Comprehensive Broad Form on an occurrence basis in the minimum amount of $1,000,000.00 combined single limit (Defense cost shall be in excess of the limit of liability).

Automobile – Automobile Liability Insurance, to include liability coverage, covering all owned, hired, and non-owned vehicles used in connection with the contract. The minimum combined single limit shall be $150,000.00 bodily injury and property damage; $150,000.00 uninsured/under-insured motorist; and $1,000.00 medical payment.

Worker’s Compensation (when applicable) – The Contractor shall provide and maintain worker’s compensation insurance, as required by the laws of North Carolina, as well as employer’s liability coverage with minimum limits of $150,000, covering all of Contractor’s employees who are engaged in any work under the contract. If any work is sublet, the Contractor shall require the subcontractor to provide the same coverage for any of his employees engaged in any work under the contract.

II. Additional Standard Terms and Conditions for Construction Contracts

1. Supervision and Provision for Labor and Supplies. The Contractor will supervise and direct the construction work (the “Work”) and shall furnish, provide, and pay for all labor, materials, equipment, machinery, utilities, and services reasonably necessary for the execution and completion of the Work.

This includes the work of any subcontractors.

2. Work Coordination and Notification of Progress. The Contractor agrees to coordinate its Work with the work of any other separate contractors or with the work of Pender County’s own forces to avoid delaying or interfering with their work. Contractor shall enforce good order and discipline among his employees and subcontractors on the Project. The Contractor further agrees to inform the designated Project Manager on a regular basis or at Pender County’s request of the progress of the Work.

3. Provision for all Permits, Licenses, and Inspections. Unless otherwise provided, the Contractor shall secure and pay for all permits, licenses, and inspections necessary for the proper execution and completion of the Work.

4. Cleanliness. Contractor shall keep the Project reasonably free from waste materials or rubbish resulting from the Contractor’s operations.

5. Additional Warranties. The Contractor warrants that the Contractor has visited the location of the Project and is familiar with all field conditions bearing upon the Contractor’s performance of the Work;

that the materials and equipment furnished under the Contract are of good quality and new (unless otherwise permitted); that the Work is non-negligent and meets or exceeds the standards ordinarily observed in the industry; and that the Work conforms to the requirements of the Contract and to all applicable codes, ordinances, laws, or regulations. The Contractor further warrants and promises that the Work shall be free from defects and nonconformities in materials and workmanship for a period of one year from the later of the Date of Completion, which is the date Pender County accepts the Work or such date as the Contractor actually completes all the Work (the “Date of Completion”). During such period, the Contractor will remedy at Contractor’s expense nonconformities or defects in the Work within a reasonable time after receiving notice thereof from Pender County.

6. Indemnity for Subcontractor Payment. In addition to the indemnification obligations contained in the attached terms and conditions to this Contract, the Contractor further agrees to defend and indemnify Pender County from and against all claims, damages, losses, and expenses, including reasonable attorneys’ fees, arising out of the Contractor’s failure to pay subcontractors or materials suppliers.

7. Change Orders. The Contractor agrees that Pender County may order changes in the general scope of the Work, including additions, deletions, and similar revisions. The parties agree to adjust the Contract Price and Date of Completion to reflect the effects of such changes, which adjustments shall be authorized only upon execution of a written change order (a “Change Order”). In case of emergency or extenuating circumstances or if a construction contingency is provided as stated below, approval of changes may be obtained verbally by telephone or field orders approved by Pender County designated Project Manager and promptly thereafter substantiated in writing as outlined under normal procedures. The amount of any increase or decrease in the Contract Price shall be by mutual acceptance of a total amount supported by sufficient data and information to substantiate the change. Any decrease in Contract Price for a decrease in the Work will be the reasonable costs of the Work deleted, including a reasonable amount for the decrease in the Contractor’s overhead.

8. Weather Delays. If adverse weather conditions are the basis for an extension of time to perform the Work, the claim shall be documented by data substantiating that weather conditions were abnormal for the period of time and had an adverse effect on the scheduled Work. No time extensions will be permitted for Contractor’s failure to consider and account for normal seasonal weather.

9. Payments Withheld. The Pender County may withhold payment for the following reasons to the extent permitted under N.C. Gen. Stat. § 143-134.1(e): (1) defective Work not remedied; (2) third party claims filed or reasonable evidence indicating probable filing of such claims unless security acceptable to Pender County is provided by the Contractor; (3) failure of the Contractor to make payments properly to subcontractors or for labor, materials or equipment; (4) reasonable evidence that the Work will not be completed with the time specified, and that the unpaid balance would not be adequate to cover actual or liquidated damages for the anticipated delay; (5) failure to carry out the Work in accordance with the Contract Documents; (6) failure to provide sales tax documentation in accordance with subparagraph 9.3.5; (7) failure or refusal of the Contractor to submit the required information on minority business enterprises; and (8) failure of the Contractor to comply with (a) the provisions of the Sedimentation and Pollution Control Act (N.C. Gen. Stat. § 113A-50 et seq.), and/or (b) any Notice of Violation issued by the North Carolina Department of Natural Resources.

10. Retainage. For public construction contracts costing an amount equal to or greater than $150,000, the Pender County will retain up to five percent (5%) of the amount of each progress payment on the project for as long as is authorized by N.C. Gen. Stat. § 143-134.1. At all times during the Project, Pender County may retain the maximum funds allowed by N.C. Gen. Stat. § 143-134.1. Pender County specifically reserves the right to withhold additional funds as authorized by this Contract and N.C. Gen. Stat. § 143-134.1. The Contractor may pay each subcontractor no later than seven days after receipt of payment from the PENDER COUNTY and in accordance with N.C. Gen. Stat. § 143-134.1 the amount to which the subcontractor is entitled, reflecting percentages actually retained from payments to the Contractor on account of the subcontractor’s portion of the Work. The Contractor shall, by appropriate agreement with each subcontractor, require each subcontractor to make payments to sub-subcontractors in a similar manner and in accordance with N.C. Gen. Stat. § 143-134.1.

Bid No: IFB #27-004 Title: Seven Oaks Renovations

IFB ATTACHMENT A

BID CHECKLIST

ALL ARE REQUIRED FOR RESPONSIVE SUBMISSION

□ Cost Proposal Form – completed including timeline

□ Non-Collusion Affidavit – completed and notarized

□ Certification Regarding Suspension and Debarment – completed and notarized

□ E-Verify Affidavit – completed and notarized

□ Iran Divestment Act Certification – completed

□ IRS Form W-9 – completed within the last 12 months

□ Certificate of Insurance – as specified in the contract terms and conditions

□ Contract – ready for consideration, note any recommended changes

□ Bid Bond – sealed, 5% of total contract amount

COST PROPOSAL FORM

Cost Proposal Structure – In compliance with this Invitation for Bids and subject to all conditions herein, the undersigned offers and agrees, if this proposal is accepted within 90 days from the date of the opening, to furnish the subject services for a cost not to exceed:

Contractor Price 10% Owner’s Contingency Total Not To Exceed

NOTE: Owner's contingency is amount set aside by the project owner to cover unexpected costs related to scope changes, design errors, or unforeseen site conditions, while contractor's contingency is built into the contractor's budget to address risks and costs that may arise during construction, such as estimating errors or labor cost increases. Contractor Price should be inclusive of any Contractor’s contingency.

Timeline – Timeline should include consecutive calendar days required to achieve Final Completion from issuance of Notice to Proceed.

Date Available to Start Work Number of Days Required for Work Date of Anticipated Final Completion

By submitting the required executed Cost Proposal Form, the potential contractor certifies that:

• The proposal is signed by an authorized representative of the firm.

• The cost and availability of all equipment, materials, and supplies associated with performing the services described herein for each of the four apartments has been determined and included in the proposed cost.

• All labor costs, direct and indirect, sales tax, etc. have been determined and included in the proposed cost.

• The offeror is aware of prevailing site conditions associated with performing these services.

• The potential contractor has read and understands the conditions set forth in this Invitation for Bids and agrees to them with no exceptions.

• Timelines were vetted and accurate to the best of Contractor's knowledge. Timeline accounts for adverse weather conditions typical of the region expected during the Contract period.

• All applicable addenda have been reviewed and acknowledged, necessary considerations have been included: Not Applicable Addenda 1 Addenda 2 Addenda 3 Addenda 4

Contractor: Federal…