RE-BID 2 IFB DS 26-01 Omega Center ADA Compliant Construction Project

City of New Bern, NC
New Bern Area Improvement Association
Omega Center Facility Improvements
ADA-Compliant Bathroom Construction Project Bid Packet
REBID
Ms. D'Aja Fulmore
City of New Bern
303 First Street
New Bern, NC 28560
fulmored@newbernnc.gov
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A. INVITATION FOR BIDS .................................................................................... Page 5
B. INSTRUCTION TO BIDDERS ........................................................................... Page 7
1. Use of Contract Documents ................................................................... Page 7
2. Interpretations of Addenda ..................................................................... Page 7
3. Inspection of Site .................................................................................... Page 7
4. Release of Building: Sequence of Work ................................................ Page 7
5. Bid Submittals ......................................................................................... Page 7
6. Collusive Agreements ............................................................................. Page 9
7. Statement of Bidder's Qualifications ..................................................... Page 9
8. Corrections .............................................................................................. Page 9
9. Time for Receiving Bids .......................................................................... Page 9
10. Opening of Bids ....................................................................................... Page 9
11. Withdrawal of Bids ................................................................................. Page 10
12. Award of Contracts: Rejection of Bids..................................................Page 10
13. Execution of Agreement: Performance and Payment Bond ............... Page 10
14. Equal Employment Opportunity ........................................................... Page 11
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C. CONSTRUCTION BID DOCUMENTS ............................................................. Page 13
1. Bid for Construction Work .................................................................... Page 14
2. Site Location Description ..................................................................... Page 17
3. Site Location Map .................................................................................. Page 17
4. Scope of Work ...................................................................................... Page 18
5. Form of Bid Bond .................................................................................. Page 22
6. Instructions for Non-Collusion Affidavit .............................................. Page 24
7. Non-Collusion Affidavit ......................................................................... Page 25
8. Statement of Bidders Qualifications ....................................................Page 27
D. MBE/WBE REQUIREMENTS ......................................................................... Page 30
1. Instructions for MBE/WBE Participation ............................................. Page 30
2. Guidance on MBE/WBE Outreach ........................................................ Page 31
3. Instructions for MBE/WBE Solicitation and
Commitment Statement Form ............................................................... Page 33
4. Solicitation and Commitment Statement Form ................................... Page 34
E. CONTRACTING PROVISIONS ....................................................................... Page 35
1. Agreement for Construction Work ....................................................... Page 35
2. Performance Bond ................................................................................ Page 42
3. Labor and Materialmen's Bond ............................................................ Page 45
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F. GENERAL & SPECIAL CONDITIONS OF THE CONTRACT ......................... Page 48
1. General Conditions - Part I. .................................................................. Page 48
2. HUD Supplementary Conditions of the Contract ................................ Page 55
G .WORK SPECIFICATIONS .................................................................Page 104
1. Technical Specifications ...................................................................... Page 104
H. CONTRACT ADMINISTRATION .................................................................... Page 105
1. Change Order ....................................................................................... Page 105
2. Contractor's Certification and Release of Liens ................................Page 107
3. Contractor's Certification Concerning Labor Standards ...................Page 111
4. Illegal Alien Prohibition and E-Verify Certification ............................ Page 114
APPENDIX A - NON-DISCRIMINATION AND
SEXUAL HARASSMENT CLAUSE ........................................... Page 116
APPENDIX B - DISCLOSURE OF LOBBYING ACTIVITIES FORM ................... Page 118
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INVITATION FOR BIDS
The City of New Bern, NC, on behalf of its subrecipient, the New Bern
Improvement Association, Inc., will receive bids for the ADA Compliant Bathroom Construction
Project at The Omega Center until 2:00 PM (prevailing local time) on March 25, 2026 at the
Offices of the Department of Development Services, 303 First Street, New Bern, NC 28560.
Proposals must be submitted in a sealed envelope marked "The Omega Center ADA Compliant
Bathroom Construction Project." Only written and sealed proposals will be accepted. Faxed or
emailed proposals will not be accepted. Any proposal received after the time and date proposals are
due will be returned unopened. Immediately following the time the bids are due, they will be publicly
opened and read aloud at 2:15 PM (prevailing local time) on March 25, 2026 at the Offices of
Department of Development Services.
Copies of the Bid Documents will be on file and open to public inspection at the offices of the City of
New Bern, beginning on March 3, 2026.
Electronic copies of the contract documents may be obtained at the following web address:
https://newbernnc.gov/business/city_bids_and_proposals/index.php
There will be a non mandatory pre-bid meeting on March 9, 2026 at 10:00 AM (prevailing local
time) at the Offices of the Department of Development Services, 303 First Street, New Bern, NC
28560.
In order to receive consideration, the bid must be accompanied by a bid security made payable to the
order of the City of New Bern, NC, in an amount equal to five percent (5%) of the Bidder's maximum bid
price in the form of either a certified bank check or a Bid Bond, issued by a Surety Company authorized to
do business in North Carolina. Failure to submit a Bid Bond or certified bank check will result in the
rejection of the bid.
Davis Bacon wage rates, as established by the U.S. Department of Labor, and other Federal
Labor Standard Provisions apply, including but not limited to, the solicitation of Minority Business
Enterprises (MBE) and Women Business Enterprises (WBE). The Contractor must make a "Good
Faith Effort" to solicit MBE/WBE participation for the project. The contractor must complete the form -
MBE/WBE and Section 3 Solicitation, which is included in the bid documents. Failure to show
documented solicitation of MBE/WBE businesses will result in the rejection of the bid. The selected
contractor must possess a Unique Entity Identifier (UEI) and be fully registered with the Federal
System for Award Management (SAM.gov) before the time of award.
The City of New Bern, NC reserves the right to reject any or all bids or to waive any informality in the
bidding.
All inquiries or questions concerning this project must be made to Ms. D'Aja Fulmore at
fulmored@newbernnc.gov or by calling (252) 639-7586. All questions must be in writing and
submitted not later than March 12, 2026 at 5:00 P.M. (prevailing local time). No questions will
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be responded to after this date. Responses to all written questions will be issued no later
than March 17, 2026 by 5:00 P.M. (prevailing local time) by Ms. D'Aja Fulmore, to all
interested bidders.
Bids may be held by the City of New Bern, NC for a period not to exceed ninety (90)
days from the date of the opening of bids for the purpose of reviewing the bids and investigating
the qualifications of bidders prior to awarding of the contract.
City of New Bern, NC By: Hon. Jeffrey T. Odham
March 3, 2026 (Publish Date) Mayor of the City of New Bern
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BID INSTRUCTIONS
1. USE OF CONTRACT DOCUMENTS
These contract documents include a complete set of bidding and contract forms which
are for the convenience of bidders. This is a federally funded project.
2. INTERPRETATIONS OF ADDENDA
No oral interpretation will be made to any bidder as to the meaning of the contract
documents or any part thereof. Every request for such interpretation shall be made in
writing to the City of New Bern. Any inquiry received seven or more days prior to the
date fixed for the opening of bids will be given consideration. Every interpretation made to
a bidder will be in the form of an addendum to the contract documents and when
issued will be on file in the office of the City of New Bern at least five days before bids
are opened. In addition, all addenda (s) will be mailed to each person holding contract
documents, but it shall be the bidder's responsibility to make inquiry as to the
addenda (s) issued. All such addenda(s) shall become part of the contract
documents and all bidders shall be bound by such addenda(s), whether or not
received by the bidders.
3. INSPECTION OF SITE
Each bidder must visit the site of the proposed work and be fully acquainted with the
existing conditions related to the construction and should become informed as to the
restrictions concerning the performance of the contract. The bidder shall thoroughly
examine and become familiar with the site and contract documents. The
contractor, by the execution of the contract, shall in no way be relieved of any obligation
under it due to failure to receive or examine any form or legal instrument or to visit the
site and become acquainted with the existing conditions there existing and New Bern
Area Improvement Association, Inc. will be justified in rejecting any claim based on facts
regarding which one should have been aware of, or noticed as a result thereof.
4. RELEASE OF SITE: SEQUENCE OF WORK
Bidders are referred to the SPECIAL CONDITIONS for information regarding the
manner in which the site will be released, the site made available for Construction work,
and the sequence in which the sequence in which the Construction work will be
performed.
5. BID SUBMITTALS
No alternative bids will be considered unless specifically requested in writing.
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(a) All bids must be submitted on forms supplied by the City of New Bern and
shall be subject to all requirements of the contract documents. All Bids
must be regular in every respect and no interline actions, excisions, or special
conditions shall be made or included in the bid form by the bidder.
(b) Completed Bid Documents including the Bid for Construction Work, the Bid
Bond, the Non-Collusion Affidavit, the MBE/WBE Solicitation Form listing the
MBE/WBE companies contacted, Contractor's Certification Concerning Labor
Standards, E-Verify Certification, and the Statement of Bidder's Qualifications
shall be enclosed in envelopes (outer and inner) both of which shall be sealed
and clearly labeled with the words "The Omega Center ADA Compliant
Bathroom Construction Project", Name of Bidder, Date, and Time of Bid
Opening in order to guard against premature opening of the bid.
(c) The City of New Bern may consider as irregular any bid on which there is an
alteration of, or departure from, the bid form hereto attached and at its option may
reject the same.
(d) If the contract is awarded it will be awarded by the City of New Bern to a
responsible bidder on the basis of the bid most favorable to the City of New
Bern. The contract will require the completion of work according to the
contract documents.
(e) Each bidder shall include in the bid, in the appropriate spaces therefore, the
estimated cost of performing the work of Construction including all items
of overhead, and credit for any salvaged materials.
(f) Each bidder shall include in the bid the following information:
Principals: Name
Home Address, including City, State and Zip Code
Firm: Name
Federal Employee Identification Number (FEIN)
Unique Entity Identifier (UEI)* Number
City, State and Zip Code
*Contractor and subcontractors must be fully registered at SAM.gov at the time of bid
award.
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6. COLLUSIVE AGREEMENTS
(a) Each bidder submitting a bid to the City of New Bern for the work contemplated by
the documents on which bidding is based shall execute, and attach thereto, an
affidavit substantially in the form herein provided, to the effect that he has not
colluded with any other person, firm, or corporation in regard to any bid submitted.
(b) Before executing any subcontract, the successful bidder shall submit the name of
any proposed subcontractor for prior approval and an affidavit substantially in the
form provided in Section 103, SUBCONTRACTS, UNDER GENERAL
CONDITIONS, PART I.
7. STATEMENT OF BIDDER'S QUALIFICATIONS
Each bidder shall submit on the form furnished for that purpose, a copy of which is
included in the contract documents, a statement of the bidder's qualifications,
Construction work experience, the organization, and equipment available for the work
contemplated; and, when specifically requested by the City of New Bern, a
detailed financial statement. The City of New Bern shall have the right to take
such steps as it deems necessary to determine the ability of the bidder to perform
said obligations under the contract, and the bidder shall furnish the City of New Bern
and such information and data for this purpose as it may request. The right is reserved
to reject any bid where an investigation of the available evidence or information does
not satisfy the City of New Bern that the bidder is qualified to carry out properly the
terms of the contract.
8. CORRECTIONS
Erasures or other changes in the bid must be explained or noted over the signature of
the bidder.
9. TIME FOR RECEIVING BIDS
(a) Bids received prior to the advertising time of opening will be securely kept
unopened. The officer whose duty it is to open them will decide when the specified
time has arrived, and no bid received thereafter will be considered.
10. OPENING OF BIDS
At the time and place fixed for the opening of bids, the City of New Bern will
cause to be opened and publicly read aloud every bid received within the time set for
receiving bids, irrespective of any irregularities therein. Bidders and other persons
properly interested may be present, in person or by representative.
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11. WITHDRAWAL OF BIDS
Bids may be withdrawn in writing by the Bidder in time for delivery in the normal course
or business prior to the time fixed for bid opening; provided that written confirmation of
any withdrawal over the signature of the bidder is placed in the mail and postmarked
prior to the time set for bid opening.
12. AWARD OF CONTRACTS: REJECTION OF BIDS
(a) The Contract will be awarded to:
(1) The lowest responsible bidder complying with the conditions of the
INVITATION FOR BIDS, of the City of New Bern, provided such bid is
reasonable and it is to the interest of the City of New Bern to accept it; or
(b) The City of New Bern reserves the right to reject any and all bids and to waive
any informality in bids received whenever such rejection or waiver is in its
interest. The bidder to whom the award is made will be notified at the earliest
possible date.
(c) The City of New Bern reserves the right to reject any bid from any bidder which it
deems to be unqualified or not responsible for performing the work described in
the contract, regardless of whether such bidder submits the lowest bid. New
Bern Area Improvement Association, Inc. may consider the fact that a bidder
does not habitually perform with their own forces the major portions of the work
involved in the Construction work process, in its determination of whether
such bidder is qualified or responsible.
13. EXECUTION OF AGREEMENT: PERFORMANCE AND PAYMENT BOND
(a) Within fifteen (15) days of written notification of the award of the bid, the successful
bidder and having satisfied all conditions of award as set forth elsewhere in these
documents, the successful bidder shall, within the period specified herein, furnish
surety bonds in a penalty sum of not less than 100% the amount of the estimated
cost of the Construction work including all items of overhead, as set out in the
accepted proposal as security for the faithful performance of the contract, and for
the payment of all persons, firms or corporations to whom the contractor may
become legally indebted for labor, materials, tools, equipment, or services of any
nature, including utility and transportation services, employed or used by him in
performing the work. Such bonds shall bear the same date as, or a date
subsequent to, that of the agreement. The current power of attorney for the person
who signs for any surety company shall be attached to such bonds. These bonds
shall be signed by a guaranty or surety company listed in the latest issue of the
U.S. Treasury Circular 570 and authorized to do business in the State of North
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