RFB Electric 9608 27-01 | Trent River Boring Project | Page 1

CITY OF NEW BERN

REQUEST FOR BID

TRENT RIVER BORING PROJECT

Project Title: Trent River Boring Project

RFB Number: RFB Electric 9608 27-01

Project Location: Trent River Crossing, New Bern, North Carolina

Bids Due: October 27, 2026 - 4:00 PM

RFB Electric 9608 27-01 | Trent River Boring Project | Page 2

TABLE OF CONTENTS

Click a section title to jump to that section.

Project Description Purpose Funding and Award Contingency Scope of Work Procurement Schedule Instructions to Bidders Submission Requirements Bonding Requirements Questions and Addenda Bidder Responsibility Evaluation Method of Award Contract Terms and Conditions Bid Form Exhibit A - Notice to Proceed Exhibit B - Project Drawings (Trent River Crossing) Exhibit C - HDPE Specifications Exhibit D - City of New Bern Purchase Order Terms and Conditions 14

RFB Electric 9608 27-01 | Trent River Boring Project | Page 3

PROJECT DESCRIPTION

The City of New Bern is requesting bids for boring construction and the installation of one (1) HDPE pipe across the Trent River. This work will facilitate the conversion of the electric distribution circuit known as the 70 East feeder from overhead to underground.

PURPOSE

The purpose of this Request for Bids (RFB) is to obtain competitive bids from qualified contractors for the Trent River Boring Project.

This solicitation is conducted as a formal construction bidding process in accordance with N.C.G.S. § 143- 129 and other applicable North Carolina public contracting requirements.

This RFB is intended to describe the work to be performed and the conditions under which the City of New Bern will contract with the successful bidder. All applicable North Carolina General Statutes and, if applicable, federal requirements shall be followed.

FUNDING AND AWARD CONTINGENCY

This Request for Bids is issued solely for the purpose of obtaining competitive bids and establishing project costs. Any contract award is contingent upon approval and appropriation of funds by the City of New Bern Board of Aldermen and completion of all required pre-audit and statutory approvals. The issuance of this RFB does not obligate the City to award a contract. If funding is not approved or otherwise becomes unavailable, the City reserves the right to reject any or all bids, waive informalities as permitted by law, cancel or readvertise this solicitation, or make no award without liability to any bidder.

SCOPE OF WORK

The Contractor shall furnish and perform the following work:

Boring –

a. One (1) HDPE pipe with a minimum inside diameter of 15 inches, corresponding to a 20-inch outside diameter HDPE pipe, installed from the proposed entry/exit points in accordance with Exhibit C.

b. All setup and cleanup required at entry & exit point locations

c. All expendable material, i.e., drilling fluid, lubricant, etc.

The following items are excluded from the Contractor’s scope and will be provided by the City:

Boring –

a. Entry/Exit location Quazite boxes (provided by the City of New Bern utility)

Regulatory Compliance

The Contractor shall be responsible for permits, approvals, and inspections assigned to the Contractor in the Contract Documents and shall comply with all applicable federal, state, and local laws, regulations, and

RFB Electric 9608 27-01 | Trent River Boring Project | Page 4 ordinances. City encroachment permits may be required and, if required, shall be the responsibility of the Contractor.

The Contractor shall perform all work in accordance with the requirements of applicable regulatory agencies having jurisdiction over the project. Any fines, penalties, or corrective actions resulting from the Contractor’s failure to comply with such requirements shall be the responsibility of the Contractor.

The Contractor shall complete all work required under this contract within one hundred twenty (120) calendar days from the date of the Notice to Proceed.

PROCUREMENT SCHEDULE

Activity Date

Advertisement / Posting Date September 25, 2026

Deadline for Questions October 9, 2026 - 5:00 PM

Responses Issued by Addendum

October 13, 2026 - 5:00 PM

Bid Submission Due October 27, 2026 - 4:00 PM

Public Bid Opening and Tabulation

October 27, 2026 - 4:00 PM

Board Consideration / Award (Anticipated)

Following bid evaluation and Board of Aldermen approval/appropriation

IN STRUCTIONS TO BIDDERS

Bidders shall submit a complete bid package in accordance with the requirements of this Request for Bids.

Bidders shall provide sufficient information to demonstrate their ability to perform the work, including relevant experience on similar construction projects. Such information will be used solely to determine bidder responsibility.

North Carolina Contractor Licensure. The work is subject to the contractor-licensing requirements of Chapter 87, Article 1 of the North Carolina General Statutes. A bidder whose work is subject to Article 1 must be properly licensed and must show evidence of the required North Carolina general contractor license before its bid is considered. The license must have a classification and limitation appropriate for the work.

See N.C.G.S. §§ 87-1 and 87-15.

Failure to submit information expressly identified as a required bid-submission document may render the bid non-responsive. Failure to demonstrate the minimum responsibility qualifications may result in a determination that the bidder is not responsible.

SUBMISSION REQUIREMENTS

This procurement is subject to the minimum-bid requirements of N.C.G.S. § 143-132. If fewer than three competitive bids are received following the first advertisement, the City will readvertise as required by law.

Bidders shall submit a complete bid package including the following:

1. Completed Bid Form, signed by an authorized representative

2. Total Bid Price as indicated on the Bid Form

3. Addenda Acknowledgment (Bid Form)

RFB Electric 9608 27-01 | Trent River Boring Project | Page 5

4. Bid Bond (5%), submitted with the bid

5. Bidder Minimum Qualifications/Responsibility information required by this RFB

6. Required subcontractor information (if needed)

7. Evidence of required North Carolina general contractor licensure, including license number, classification, and limitation

Bid shall be submitted in a sealed envelope clearly marked:

“RFB Electric 9608 27-01 – Trent River Boring Project”

Bids must be received no later than October 27, 2026 - 4:00 PM. Late bids will not be accepted.

Bids will be publicly opened and read aloud on October 27, 2026, at 4:00 PM at City of New Bern Purchasing, 606 Fort Totten Drive, 2nd Floor, New Bern, NC 28560. Bid tabulation will be made available in accordance with applicable North Carolina public records law.

Bids may be mailed or delivered to:

Jenna Lanfor, Purchasing Manager

City of New Bern

606 Fort Totten Drive, 2nd Floor

New Bern, NC 28560 (252)-639-2800

BONDING REQUIREMENTS

Each bid shall be accompanied by bid security in an amount not less than five percent (5%) of the total bid price, in a form permitted by N.C.G.S. § 143-129, including cash, cashier's check, certified check, or a bid bond executed by a corporate surety licensed to do business in North Carolina. The bid security guarantees that the bidder will execute the contract and furnish required bonds and insurance if awarded. Failure to provide the required bid security with the bid shall result in the bid being deemed non-responsive.

The successful bidder shall furnish the following prior to execution of the contract:

1. Performance Bond in the amount of one hundred percent (100%) of the contract price, in accordance with applicable North Carolina law.

2. Payment Bond in the amount of one hundred percent (100%) of the contract price, in accordance with applicable North Carolina law.

Bonds shall be executed by a surety authorized to do business in the State of North Carolina.

Failure to provide required bonds shall be grounds for award cancellation.

QUESTIONS AND ADDENDA

All questions shall be submitted in writing via email to Joshua J. Poston, T & D Manager - Electric Utilities, at PostonJ@newbernnc.gov no later than October 9, 2026 - 5:00 PM. The subject line shall read: “RFB Electric 9608 27-01 - Trent River Boring Project.”

Responses to questions will be issued by written addendum as needed and posted in sufficient time for bidders to prepare their bids. Bidders are responsible for monitoring the solicitation for issued addenda.

RFB Electric 9608 27-01 | Trent River Boring Project | Page 6

No information, instruction, or advice provided orally or informally by any City personnel shall be considered authoritative. Bidders shall rely only on written addenda.

BIDDER RESPONSIBILITY EVALUATION

The following requirements are minimum responsibility qualifications and will be evaluated on a Pass/Fail basis. They are not scored criteria and will not be used to rank bids. The City will evaluate the apparent low bidder first and may verify any information submitted.

A. Comparable Project Experience

Provide documentation of at least three (3) successfully completed horizontal directional drilling or boring projects of comparable technical complexity completed within the previous five (5) years. At least one (1) project shall demonstrate a substantial water crossing or other comparable subsurface boring condition.

For each project, provide the project name and location, owner, owner contact information, year completed, approximate bore length and diameter, pipe or conduit type and size, original and final contract amount, and a brief description of the work performed.

B. Key Personnel

Identify the proposed project manager, superintendent or field supervisor, and drilling supervisor/operator who will be assigned to the project. Provide a summary of each individual's experience with comparable horizontal directional drilling work.

C. Equipment and Technical Capacity

Identify the principal drilling equipment proposed for the work and provide sufficient information to demonstrate that the equipment and proposed methodology are appropriate for the required bore.

D. Current Workload and Availability

Identify current projects and commitments that could affect the bidder's ability to mobilize and complete this project within the required Contract Time.

E. Subcontractors

Identify any subcontractor that will perform a material portion of the horizontal directional drilling work and provide relevant comparable experience information for that subcontractor.

F. Legal, Financial, and Performance History

Disclose any material lawsuits, liens, claims, contract termination for default, material performance failure, or unresolved construction claim involving the bidder during the previous five (5) years, together with an explanation of the circumstances.

The City may contact project owners and references, verify submitted information, and request additional information reasonably necessary to determine bidder responsibility. Failure to provide required or requested information within the time specified by the City may result in a determination that the bidder is not responsible.

Nothing in this section converts this Request for Bids into a qualifications-based or scored procurement. If an award is made, it will be based on the formal-bid award standard stated in this RFB and applicable North Carolina law.

RFB Electric 9608 27-01 | Trent River Boring Project | Page 7

METHOD OF AWARD

If an award is made, it shall be made to the lowest responsible bidder submitting a responsive bid in accordance with N.C.G.S. § 143-129, subject to approval and appropriation of funds by the City of New Bern Board of Aldermen and completion of all required statutory and pre-audit requirements. The City reserves the right to reject any or all bids and to waive informalities only to the extent permitted by law.

For this formal construction procurement, the City will apply the minimum-bid requirements of N.C.G.S. § 143-132. If fewer than three competitive bids are received from reputable and qualified contractors after the first advertisement, the project will be readvertised as required by law. After the second advertisement, the City may proceed in accordance with N.C.G.S. § 143-132.

CONTRACT TERMS AND CONDITIONS

1. Contract Documents and Incorporation

For purposes of this RFB and any resulting contract, the “Contract Documents” collectively consist of: written amendments and change orders executed after award; City-issued addenda; this RFB and its project-specific requirements; Exhibits A through D, including Exhibit D – City of New Bern Purchase Order Terms and Conditions; the successful bidder’s signed Bid Form and accepted bid submission to the extent consistent with City-issued documents; required bonds and insurance documentation; the Notice to Proceed; and the City Purchase Order. Submission of a bid constitutes agreement that Exhibit D is incorporated into any resulting contract. Vendor-generated terms do not modify the Contract Documents unless expressly accepted in a written amendment executed by an authorized City official.

2. Order of Precedence

If the Contract Documents conflict, the following order of precedence applies: (1) written amendments and change orders executed after award; (2) City-issued addenda; (3) this RFB, including these Contract Terms and Conditions and all project-specific requirements; (4) project drawings and technical specifications, including Exhibits B and C; (5) Exhibit D – City of New Bern Purchase Order Terms and Conditions; (6) the successful bidder’s signed Bid Form; and (7) the successful bidder’s accepted bid submission and supporting materials. The City Purchase Order controls administrative matters stated on its face, including purchase order number, accounting or funding information, and invoicing instructions.

3. Payment and Retainage

Payment shall be based on the accepted lump-sum bid and work satisfactorily completed and approved by the City. The City may withhold retainage to the extent permitted by North Carolina law. Invoicing, payment, availability-of-funds, and preaudit requirements are governed by Exhibit D unless specifically modified by this RFB.

4. Work Performance; Inspection and Correction

The Contractor shall perform the work in accordance with the Contract Documents and applicable industry standards. The City may inspect the work and reject work that does not conform to the Contract Documents.

The Contractor shall promptly correct rejected or deficient work at no additional cost to the City. If the Contractor fails to timely correct deficient work after notice, the City may perform or procure the corrective work and deduct the reasonable cost from amounts otherwise due, to the extent permitted by law.

5. Differing Site Conditions

The Contractor shall promptly notify the City in writing, before disturbing the condition, of subsurface or latent physical conditions that materially differ from those indicated in the Contract Documents or from conditions ordinarily encountered in work of this character. No adjustment in price or time is authorized unless approved in writing by the City.

6. Changes and Claims

No change to the scope, contract price, or contract time is effective unless authorized in writing by the City.

RFB Electric 9608 27-01 | Trent River Boring Project | Page 8

The Contractor shall provide written notice of any claim for additional compensation or extension of time within seven (7) calendar days after the event giving rise to the claim, unless another period is expressly stated in the Contract Documents. Work performed without required written authorization is at the Contractor’s risk and may not be compensable.

7. Suspension

The City may direct the Contractor in writing to suspend, delay, or interrupt all or part of the work. Any request for an adjustment arising from a City-directed suspension must be submitted in accordance with the claims requirements of the Contract Documents. Cancellation and termination rights are governed by Exhibit D unless specifically modified by this RFB.

8. Liquidated Damages

If the Contractor fails to complete the work within the Contract Time stated in the Scope of Work and Notice to Proceed, the Contractor shall pay the City, as liquidated damages and not as a penalty, $400 per calendar day for each calendar day beyond the contract completion date. The parties agree that this amount is a reasonable estimate of delay-related administrative, coordination, and operational impacts that are difficult to quantify precisely. Liquidated damages may be deducted from amounts otherwise due to the Contractor.

9. Assignment and Subcontracting

The Contractor shall not assign the Contract or materially subcontract the work without the City’s prior written approval. Approval of a subcontractor does not relieve the Contractor of responsibility for the work or compliance with the Contract Documents.

10. Records and Audit

The Contractor shall maintain records supporting performance, invoices, change requests, claims, and payments for at least three (3) years after final payment, or longer if required by applicable law or funding requirements, and shall make such records available to the City upon reasonable request.

11. City Purchase Order Terms and Conditions

All other general contractual requirements, including insurance, indemnification, cancellation and termination, governing law, E-Verify, non-discrimination, public records, invoicing, and payment terms, are governed by Exhibit D unless a project-specific provision in this RFB expressly provides otherwise.

RFB Electric 9608 27-01 | Trent River Boring Project | Page 9

BID FORM

Trent River Boring Project | RFB Electric 9608 27-01

The undersigned bidder hereby proposes to furnish all labor, equipment, and materials (except as otherwise specified) and to perform all work required for the Trent River Boring Project in accordance with the Request for Bids.

1. LUMP SUM BID

Total Bid Price for Completion of the Work: $

(The Bid Price shall include all labor, equipment, supervision, overhead, profit, and incidentals necessary to complete the project as described.)

2. BID SECURITY

Bid security in an amount not less than five percent (5%) of the total bid price is included with this bid in a form permitted by N.C.G.S. § 143-129. If a bid bond is used, it shall be executed by a corporate surety licensed to do business in North Carolina. Failure to include the required bid security at the time of bid submission shall result in the bid being deemed non-responsive.

3. ADDENDA ACKNOWLEDGEMENT

Addenda Received

4. CONTRACT TIME

The Bidder acknowledges that the project is to be completed within 120 days from the date of the Notice to Proceed.

5. EXCEPTIONS OR DEVIATIONS

Identify any exception or deviation, including a proposed variance to Contract Time, scheduling, scope, specifications, or other requirements. If none, state “NONE.” An exception to a mandatory requirement may render the bid nonresponsive, and identification does not obligate the City to accept the exception.

Exceptions / Deviations (if none, state NONE)

6. BIDDER INFORMATION

Company Name

Address

City, State, Zip

Phone

Email

NC General Contractor License No.

License Classification

License Limitation

7. BIDDER CERTIFIES

The bidder certifies that: (1) this bid is made without collusion or fraud; (2) the bidder has examined the RFB documents and site conditions; and (3) the bidder has the capability and resources to perform the work as specified.

8. AUTHORIZED SIGNATURE

Authorized Representative (Print Name)

Title

Signature

Date

RFB Electric 9608 27-01 | Trent River Boring Project | Page 10

EXHIBIT A – NOTICE TO PROCEED

Project: Trent River Boring Project RFB No.: RFB Electric 9608 27-01

Contractor: __________________________________________

You are hereby notified to commence work on the above-referenced project in accordance with the Contract Documents.

Date of Notice to Proceed: ______________________________

The Contractor shall complete all work within one hundred twenty (120) calendar days from the date of this Notice to Proceed, unless modified by a written change order.

Contract Completion Date: ______________________________

Work shall not commence prior to the date of this Notice to Proceed unless authorized in writing by the City.

Issued by: City of New Bern

Authorized Representative (Print Name)

Title

Signature

Date

RFB Electric 9608 27-01 | Trent River Boring Project | Page 11

EXHIBIT B – PROJECT DRAWINGS (Trent River Crossing) Project drawings and project overview information are included as Exhibit B.

RFB Electric 9608 27-01 | Trent River Boring Project | Page 12

Pipe Size Clarification: The required HDPE pipe shall provide a minimum inside diameter of 15 inches.

The specified HDPE pipe has a 20-inch outside diameter. Exhibit C governs the pipe specification.

RFB Electric 9608 27-01 | Trent River Boring Project | Page 13

EXHIBIT C – HDPE Specifications

RFB Electric 9608 27-01 | Trent River Boring Project | Page 14

EXHIBIT D – CITY OF NEW BERN PURCHASE ORDER TERMS AND

CONDITIONS

The City of New Bern Purchase Order Terms and Conditions below are incorporated into the Contract Documents. Where a project-specific requirement in this RFB conflicts with a general provision in the Purchase Order Terms and Conditions, the Order of Precedence stated in the Contract Terms and Conditions applies.