RFB Water/Sewer 27-01 FY-27 Water & Sewer Improvements

FY-27 Water & Sewer Improvements
ADVERTISEMENT FOR BIDDERS
CITY OF NEW BERN
FY-27 WATER & SEWER IMPROVEMENTS
Sealed bids will be received by the Director of Water Resources in the Water Resources
Administration Office at 527 NC Highway 55 West, New Bern, North Carolina, until 11:00 a.m.
on Thursday, September 17th, 2026 and immediately thereafter publicly opened and read, for
constructing the following facilities:
The construction of approximately 1,025 linear feet of 6" PVC water main,
2,300 linear feet of 2" PVC water main, removal and replacement of 1,477 linear
feet of 8" sanitary sewer main, installation of 11 new sanitary sewer manholes,
replacement of water and sanitary sewer services and other work associated with
FY-27 Water & Sewer Improvements project.
Bids must be enclosed in a sealed envelope, addressed to the City of New Bern, PO Box 1129,
New Bern, NC 28563. The outside of the envelope must be marked "FY-27 Water & Sewer
Improvements Project". All bids must be made on blank forms provided and included in the
bound document. The name, address, and license number of the Bidder must be plainly marked
thereon.
Each Bid must be accompanied by cash or a certified check, drawn on a bank or trust company
authorized to do business in North Carolina, payable to the City of New Bern in an amount at least
equal to five percent (5%) of the total amount of the bid, as a guarantee that a contract will be
entered into. In lieu of cash or certified check, the Bidder may submit a bid bond in the form
prescribed in G.S. 143-129 as amended by Chapter 1104 of the Public Laws of 1951.
The City of New Bern reserves the right to reject any or all bids.
Contractors are notified that legislative acts relating to licensing of contractors will be observed in
receiving and awarding contracts.
Potential prime Contractors are encouraged to attend the Pre-Bid Conference that will be held in
the Office of the Director of Water Resources in the Water Resources Administration Office at
527 NC Highway 55 West, New Bern, North Carolina on Thursday September 3rd, 2026 at 11:00
a.m.
Plans and specifications for the proposed project are on file and may be viewed at the Office of
the Director of Water Resources and on the City's website at:
http://www.newbernnc.gov/business/city_bids_and_proposals/index.php
ADVERTISEMENT FOR BIDDERS AD-1

FY-27 Water & Sewer Improvements
INSTRUCTIONS TO BIDDERS
TABLE OF CONTENTS
Article 1- Defined Terms
Article 2- Bidding Documents
Article 3- Qualifications of Bidders
Article 4- Pre-Bid Conference
Article 5- Site and Other Areas; Existing Site Conditions; Examination of Site; Owner's Safety Program;
Other Work at the Site
Article 6- Bidder's Representations and Certifications
Article 7- Interpretations and Addenda
Article 8- Bid Security
Article 9- Contract Times
Article 10- Substitute and "Or Equal" Items
Article 11- Subcontractors, Suppliers, and Others
Article 12- Preparation of Bid
Article 13- Basis of Bid
Article 14- Submittal of Bid
Article 15- Modification and Withdrawal of Bid
Article 16- Opening of Bids
Article 17- Bids to Remain Subject to Acceptance
Article 18- Evaluation of Bids and Award of Contract
Article 19- Bonds and Insurance
Article 20- Signing of Agreement
Article 21- Sales and Use Taxes
EJCDC C-200 (2018)
Revised by New Bern (2026) IB-1

FY-27 Water & Sewer Improvements
ARTICLE 1-DEFINED TERMS
1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions
and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the
meanings indicated below:
A. Issuing Office-The office of the City of New Bern Water Resources department is from
which the Bidding Documents are to be issued and where the bidding procedures are to be
administered.
B. Owner- Any further reference to the Owner shall refer to the City of New Bern.
C. Engineer- The Engineer for this project will be the City of New Bern, Director of Water
Resources;
Jordan B. Hughes, P.E.
P.O. Box 1129
New Bern, NC
28563-1129
ARTICLE 2-BIDDING DOCUMENTS
2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in
the Advertisement for Bid may be obtained from the City of New Bern Water resources department.
The deposit will be refunded to each document holder of record who returns a complete set of
Bidding Documents in good condition within 30 days after opening of Bids.
2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer
assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets
of Bidding Documents.
2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so
only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any
other use.
ARTICLE 3-QUALIFICATIONS OF BIDDERS
3.01 To demonstrate Bidder's qualifications to perform the Work, after submitting its Bid and within
five days of Owner's request, Bidder must submit the following information:
A. Written evidence establishing qualifications such as financial data, previous experience,
present commitments, and such other data as may be requested.
B. A written statement that Bidder is authorized to do business in the state where the Project is
located, or a written certification that Bidder will obtain such authority prior to the Effective
Date of the Contract.
C. Bidder's state or other contractor license number, if applicable.
D. Subcontractor and Supplier qualification information.
E. Other required information regarding qualifications.
EJCDC C-200 (2018)
Revised by New Bern (2026) IB-1

FY-27 Water & Sewer Improvements
3.02 A Bidder's failure to submit required qualification information within the times indicated may
disqualify Bidder from receiving an award of the Contract.
ARTICLE 4-PRE-BID CONFERENCE
4.01 A pre-bid conference shall be held as stated in the advertisement for bid.
ARTICLE 5-SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF
SITE; OWNER'S SAFETY PROGRAM; OTHER WORK AT THE SITE
5.01 Site and Other Areas
A. The Site is identified in the Bidding Documents. The site includes rights-of-way, easements,
and other lands furnished by Owner for the use of the Contractor. Any additional lands
required for temporary construction facilities, construction equipment, or storage of materials
and equipment, and any access needed for such additional land, are to be obtained and paid
for by Contractor.
5.02 Existing Site Conditions
A. Subsurface and Physical Conditions; Hazardous Environmental Conditions
1. The Supplementary Conditions identify the following regarding existing conditions at or
adjacent to the Site:
a. Those reports of explorations and tests of subsurface conditions at or contiguous to
the Site that the Engineer has used in preparing the Bidding Documents.
b. Those drawings of physical conditions at or adjacent to the Site, including those
drawings depicting existing surface or subsurface structures at or adjacent to the Site
(except Underground Facilities), that contain Technical Data.
c. Reports and drawings known to Owner relating to Hazardous Environmental
Conditions that have been identified at or adjacent to the Site.
d. Technical Data contained in such reports and drawings.
2. Owner will make copies of reports and drawings referenced above available to any Bidder
on request. These reports and drawings are not part of the Contract Documents, but the
Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as
provided in the General Conditions, has been identified and established in the
Supplementary Conditions. Bidder is responsible for any interpretation or conclusion
Bidder draws from any Technical Data or any other data, interpretations, opinions, or
information contained in such reports or shown or indicated in such drawings.
3. If the Supplementary Conditions do not identify Technical Data, the default definition of
Technical Data set forth in Article 1 of the General Conditions will apply.
B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings,
pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in
Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence
or location of Underground Facilities are not intended to be categorized, identified, or defined
as Technical Data.
EJCDC C-200 (2018)
Revised by New Bern (2026) IB-2

FY-27 Water & Sewer Improvements
5.03 Other Site-related Documents
A. In addition to the documents regarding existing Site conditions referred to in
Paragraph 5.02.A, the following other documents relating to conditions at or adjacent to the
Site are known to Owner and made available to Bidders for reference:
1. No other Site-related documents are available.
B. Owner has not verified the contents of these other Site-related documents, and Bidder may not
rely on the accuracy of any data or information in such documents. Bidder is responsible for
any interpretation or conclusion Bidder draws from the other Site-related documents.
C. The other Site-related documents are not part of the Contract Documents.
D. Bidders are encouraged to review the other Site-related documents, but Bidders will not be
held accountable for any data or information in such documents. The requirement to review
and take responsibility for documentary Site information is limited to information in (1) the
Contract Documents and (2) the Technical Data.
E. No other Site-related documents are available.
5.04 Site Visit and Testing by Bidders
A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and
adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site.
B. Maps to the Site will be made available upon request.
C. Bidders visiting the Site are required to arrange their own transportation to the Site.
D. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site
conditions.
E. On request, and to the extent Owner has control over the Site, and schedule permitting, the
Owner will provide Bidder general access to the Site to conduct such additional examinations,
investigations, explorations, tests, and studies as Bidder deems necessary for preparing and
submitting a successful Bid. Owner will not have any obligation to grant such access if doing
so is not practical because of existing operations, security or safety concerns, or restraints on
Owner's authority regarding the Site. Bidder is responsible for establishing access needed to
reach specific selected test sites.
F. Bidder must comply with all applicable Laws and Regulations regarding excavation and
location of utilities, obtain all permits, and comply with all terms and conditions established
by Owner or by property owners or other entities controlling the Site with respect to schedule,
access, existing operations, security, liability insurance, and applicable safety programs.
G. Bidder must fill all holes and clean up and restore the Site to its former condition upon
completion of such explorations, investigations, tests, and studies.
5.05 Owner's Safety Program
A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner
safety program exists, it will be noted in the Supplementary Conditions.
5.06 Other Work at the Site
A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the
general nature of other work of which Owner is aware (if any) that is to be performed at the
Site by Owner or others (such as utilities and other prime contractors) and relates to the Work
contemplated by these Bidding Documents. If Owner is party to a written contract for such
EJCDC C-200 (2018)
Revised by New Bern (2026) IB-3

FY-27 Water & Sewer Improvements
other work, then on request, Owner will provide to each Bidder access to examine such
contracts (other than portions thereof related to price and other confidential matters), if any.
ARTICLE 6-BIDDER'S REPRESENTATIONS AND CERTIFICATIONS
6.01 Express Representations and Certifications in Bid Form, Agreement
A. The Bid Form that each Bidder will submit contains express representations regarding the
Bidder's examination of Project documentation, Site visit, and preparation of the Bid, and
certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should
review these representations and certifications and assure that Bidder can make the
representations and certifications in good faith, before executing and submitting its Bid.
B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express
representations and certifications when it executes the Agreement.
ARTICLE 7-INTERPRETATIONS AND ADDENDA
7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the
Bidding Documents.
7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer
in writing.
7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions
will be issued by Addenda delivered to all registered plan holders. Questions received less than
seven days prior to the date for opening of Bids may not be answered.
7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or
clarifications will be without legal effect. Responses to questions are not part of the Contract
Documents unless set forth in an Addendum that expressly modifies or supplements the Contract
Documents.
ARTICLE 8-BID SECURITY
8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of
Bidder's maximum Bid price and in the form of a certified check, cash, cashiers check, or a Bid
bond (on the form attached) issued by a surety meeting the requirements of Paragraph 6.01 of the
General Conditions.
8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the
Contract Documents, furnished the required Contract security, and met the other conditions of the
Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to
execute and deliver the Contract and furnish the required Contract security within 10 days after the
Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the
Bid security of that Bidder will be forfeited. The Bid security of other Bidders that Owner believes
to have a reasonable chance of receiving the award may be retained by Owner until the earlier of
EJCDC C-200 (2018)
Revised by New Bern (2026) IB-4

FY-27 Water & Sewer Improvements
7 days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid
security furnished by such Bidders will be released.
8.03 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the
award will be released within 7 days after the Bid opening.
ARTICLE 9-CONTRACT TIMES
9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially
completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set
forth in the Agreement.
9.02 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial
Completion, or completion of the Work in readiness for final payment, are set forth in the
Agreement.
ARTICLE 10-SUBSTITUTE AND "OR EQUAL" ITEMS
10.01 The Contract for the Work, if awarded, will be on the basis of materials and equipment specified
or described in the Bidding Documents, and those "or-equal" or substitute materials and equipment
approved by Engineer and identified by Addendum. No item of material or equipment will be
considered by Engineer as an "or-equal" or substitute unless written request for approval has been
submitted by Bidder and has been received by Engineer within 15 days of the issuance of the
Advertisement for Bids or invitation to Bidders. Each such request must comply with the
requirements of Paragraphs 7.05 and 7.06 of the General Conditions. The burden of proof of the
merit of the proposed item is upon Bidder. Engineer's decision of approval or disapproval of a
proposed item will be final. If Engineer approves any such proposed item, such approval will be
set forth in an Addendum issued to all prospective Bidders. Bidders cannot rely upon approvals
made in any other manner.
ARTICLE 11-SUBCONTRACTORS, SUPPLIERS, AND OTHERS
11.01 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of
the Subcontractors or Suppliers proposed for the following portions of the Work within five days
after Bid opening:
11.02 If requested by Owner, such list must be accompanied by an experience statement with pertinent
information regarding similar projects and other evidence of qualification for each such
Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection
to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given,
request apparent Successful Bidder to submit an acceptable substitute, in which case apparent
Successful Bidder will submit a substitute, Bidder's Bid price will be increased (or decreased) by
the difference in cost occasioned by such substitution, and Owner may consider such price
adjustment in evaluating Bids and making the Contract award.
11.03 If apparent Successful Bidder declines to make any such substitution, Owner may award the
Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers.
Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security
of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer
makes no written objection prior to the giving of the Notice of Award will be deemed acceptable
to Owner and Engineer subject to subsequent revocation of such acceptance as provided in
Paragraph 7.07 of the General Conditions.
EJCDC C-200 (2018)
Revised by New Bern (2026) IB-5