ReBid of Cub Creek Phase 3 Creek Restoration

Location: North Carolina
Posted: Aug 18, 2026
Due: Aug 26, 2026
Agency: State Government of North Carolina
Type of Government: State & Local
Category:
  • F - Natural Resources and Conservation Services
  • Z - Maintenance, Repair or Alteration of Real Property
Solicitation No: 699-SRP-SW-ARP-0025-2
Publication URL: To access bid details, please log in.
Solicitation Number: 699-SRP-SW-ARP-0025-2
Project Title: ReBid of Cub Creek Phase 3 Creek Restoration
Description: The Town of Wilkesboro is soliciting Sealed Bids from Qualified Contractors for the restoration of Cub Creek in accordance with the enclosed specifications and associated materials. The project consists of restoring approximately 3,840 linear feet (LF) (approximately 0.73 miles) of Cub Creek, completing the northeast reach of Cub Creek to its confluence with the Yadkin River. The Town of Wilkesboro has received an award from the NC DEQ DWI, which administers Federal funding provided through the American Rescue Plan Act (ARPA). These funds include the State and Local Fiscal Recovery Funds (SLFRF) program. Any contract awarded pursuant to this Sealed Bid shall be subject to and comply with all applicable requirements of the American Rescue Plan Act (ARPA), as well as all regulations, rules, and guidance issued by the United States Department of the Treasury governing the expenditure of funds distributed through the Fiscal Recovery Funds.
Opening Date: 8/26/2026 10:00 AM
Posted Date: 8/18/2026
Status: Open
Department: TOWN OF WILKESBORO
Solicitation Number
*
699-SRP-SW-ARP-0025-2
Department
TOWN OF WILKESBORO
Status Reason
Open
Opening Date
2026-08-26T10:00:00.0000000
Posted Date
*
2026-08-18T12:49:41.0000000Z
Primary Commodity Code
Construction Services
Mandatory Conference/Site Visit
Special Instructions
Solicitation Type
*
IFB
Owner
Mia Brown
Description
The Town of Wilkesboro is soliciting Sealed Bids from Qualified Contractors for the restoration of Cub Creek in accordance with the enclosed specifications and associated materials. The project consists of restoring approximately 3,840 linear feet (LF) (approximately 0.73 miles) of Cub Creek, completing the northeast reach of Cub Creek to its confluence with the Yadkin River. The Town of Wilkesboro has received an award from the NC DEQ DWI, which administers Federal funding provided through the American Rescue Plan Act (ARPA). These funds include the State and Local Fiscal Recovery Funds (SLFRF) program. Any contract awarded pursuant to this Sealed Bid shall be subject to and comply with all applicable requirements of the American Rescue Plan Act (ARPA), as well as all regulations, rules, and guidance issued by the United States Department of the Treasury governing the expenditure of funds distributed through the Fiscal Recovery Funds.

Attachment Preview

Cub Creek Phase 3 Stream Restoration
Wilkes County, North Carolina
Final Specifications and Contract/Bid Documents
For Review Purposes Only - Not Released for Construction
Project Number: SRP-SW-ARP-0025
August 17, 2026
Prepared for:
Town of Wilkesboro
203 West Main St.
Wilkesboro, NC 28697
Prepared by:
Blue Ridge Environmental Consultants, PA
1605 Curtis Bridge Rd. Suite 1
Wilkesboro NC 28697

THIS BID IS FEDERALLY FUNDED.
INVITATION TO BID
CUB CREEK PHASE III
[2]

THIS BID IS FEDERALLY FUNDED.
SECTION 1 - PURPOSE AND BACKGROUND
1.1 PURPOSE
The Town of Wilkesboro (hereinafter referred to as the "Town") is soliciting Sealed Bids from qualified Contractors
for the restoration of Cub Creek in accordance with the enclosed specifications and associated materials. The
project consists of restoring approximately 3,840 linear feet (LF) (approximately 0.73 miles) of Cub Creek,
completing the northeast reach of Cub Creek to its confluence with the Yadkin River. The project site is located
approximately 5-6 miles downstream and northeast of the W. Kerr Scott Dam and Reservoir. This area has
experienced recurrent flooding, particularly affecting the Town of Wilkesboro's Cub Creek Wastewater Treatment
Plant and adjacent Cub Creek lands during periods of heavy rainfall.
The Town of Wilkesboro has received an award from the North Carolina Department of Environmental Quality (NC
DEQ) Division of Water Infrastructure (DWI), which administers Federal funding provided through the American
Rescue Plan Act (ARPA). These funds include the State and Local Fiscal Recovery Funds (SLFRF) program. Any
contract awarded pursuant to this Sealed Bid shall be subject to and comply with all applicable requirements of
the American Rescue Plan Act (ARPA), as well as all regulations, rules, and guidance issued by the United States
Department of the Treasury governing the expenditure of funds distributed through the Fiscal Recovery Funds.
Such requirements include, without limitation, compliance with 2 C.F.R. Part 200; the State and Local Fiscal
Recovery Funds (SLFRF) Award Terms and Conditions; the Interim Final Rule issued May 17, 2021 (86 Fed. Reg.
26,786); the Final Rule issued January 27, 2022 (87 Fed. Reg. 4,338); the Interim Final Rule issued September 20,
2023 (88 Fed. Reg. 64,986); the Obligation Final Rule issued November 20, 2023 (88 Fed. Reg. 80,584); all
applicable federal statutes and regulations; reporting requirements and retention; and any additional guidance
issued or to be issued by the U.S. Department of the Treasury regarding the use of Fiscal Recovery Funds.
****** All required submittals, reports, and payments must be completed and reported
by the Town no later than December 31, 2026. ******
2.1 INVITATION TO BID DOCUMENT
Town of Wilkesboro is hereby soliciting Bids from qualified vendor(s) for Cub Creek Restoration Project Phase III.
This Sealed Bid is comprised of the base Invitation to Bid (ITB) document, any attachments, and any addenda
released before contract award, which are incorporated herein by reference.
2.2 NOTICE TO VENDORS REGARDING TERMS AND CONDITIONS
Vendors are responsible for reviewing all parts of this ITB, including the general information and instructions, terms
and conditions, exhibits, attachments, and any other documents incorporated into this Bid packet. Vendors must
comply with all stated requirements and specifications.
If the Town determines that changes are necessary based on vendor questions, those changes will be issued
through a written Bid Addendum. Vendors should not contact the Town or the Engineer Firm by telephone or in
person regarding this ITB. Any questions, concerns, or exceptions to the ITB must be submitted in writing in
accordance with the instructions in the section titled "Bid Questions." Vendors are responsible for obtaining,
reviewing, and complying with all addenda and any other changes issued in connection with this bid.
A submitted bid constitutes a firm offer and shall remain valid for sixty (60) days from the bid opening date. By
submitting a bid, the vendor agrees that any additional or modified terms or conditions proposed by the vendor-
whether intentionally or unintentionally, including changes to the Instructions to Vendors-shall have no force or
effect and will be disregarded. Any failure to comply with, or attempt to alter or remove, this requirement shall be
grounds for rejection of the Bid as nonresponsive.
[3]

EVENT RESPONSIBILITY DAY, DATE AND TIME
Issue Bid Justin Church, justin@brec.biz Monday, July 13th, 2026
Mandatory Pre-Bid Meeting Vendor Thursday, July 23rd, 2026 at 2pm EST at Wilkesboro Town Hall Conference Room, 203 West Main Street, Wilkesboro, North Carolina, 28697
Request for Information Vendor to Justin Church, justin@brec.biz Thursday, July 30th, 2026 at 4pm EST
Provide Responses to Questions Justin Church, justin@brec.biz, to Vendor Thursday, August 6th, 2026 at 4pm EST
Submit Sealed Bid Response Vendor to Town Thursday, August 13th, 2026 at 4pm EST
Bid Re-Advertisement Justin Church, justin@brec.biz Monday, August 17, 2026
Submit Sealed Re-Bid Respose Vendor to Town Wednesday, August 26th, 2026 at 10am EST at Wilkesboro Town Hall Conference Room, 203 West Main Street, Wilkesboro, North Carolina, 28697
Contract Award Town Council TBA
Contract Effective Date Town Upon Execution

THIS BID IS FEDERALLY FUNDED.
2.3 SCHEDULE
The table beginning on the next page shows the intended schedule for this Bid. The Town of Wilkesboro will make
every effort to adhere to this schedule.
EVENT RESPONSIBILITY DAY, DATE AND TIME
Issue Bid Justin Church, justin@brec.biz Monday, July 13th, 2026
Mandatory Pre-Bid Meeting Vendor Thursday, July 23rd, 2026 at 2pm EST
at Wilkesboro Town Hall Conference
Room, 203 West Main Street,
Wilkesboro, North Carolina, 28697
Request for Information Vendor to Justin Church, Thursday, July 30th, 2026 at 4pm EST
justin@brec.biz
Provide Responses to Questions Justin Church, justin@brec.biz, to Thursday, August 6th, 2026 at 4pm EST
Vendor
Submit Sealed Bid Response Vendor to Town Thursday, August 13th, 2026 at 4pm
EST
Bid Re-Advertisement Justin Church, justin@brec.biz Monday, August 17, 2026
Submit Sealed Re-Bid Respose Vendor to Town Wednesday, August 26th, 2026 at
10am EST at Wilkesboro Town Hall
Conference Room, 203 West Main
Street, Wilkesboro, North Carolina,
28697
Contract Award Town Council TBA
Contract Effective Date Town Upon Execution
Town of Wilkesboro will receive Sealed Bids for Cub Creek Restoration Phase III, Bid Number
SRP-SW-ARP-0025, at the Wilkesboro Town Hall Conference Room, 203 West Main Street, Wilkesboro, North
Carolina, 28697 on Wednesday, August 26th, 2026. Immediately thereafter bids shall be publicly opened and read
aloud.
2.4 BID QUESTIONS
Upon review of documents, vendors may submit questions after reviewing the bid documents if clarification is
needed to properly understand the scope of work and prepare a complete bid. All questions must be submitted
by the date and time stated above.
Questions must be submitted in writing by email to the Engineer at the email address listed above, with the subject
line: "Bid#: SRP-SW-ARP-0025- Questions."
Questions received by the deadline, along with the Town's responses and any additional terms or clarifications
deemed necessary by the Town, will be issued as a written addendum and posted on the Town of Wilkesboro
website (https://wilkesboronc.org) under the homepage news section. All such addenda shall become part of this
bid.
No information, instructions, or guidance provided verbally or informally by Town staff or the BREC Engineer,
whether in response to a question or otherwise, shall be considered official or binding. Vendors must rely solely
on written addenda issued for this bid.
[4]

Mailing address for delivery of Bid Office Address of delivery of Bid by any other
via US Postal Service method (hand delivery, overnight, or other carrier)
Town of Wilkesboro Attn: Bid# SRP-SW-ARP-0025 Post Office Box 1056 Wilkesboro, North Carolina 28697 Town of Wilkesboro Attn: Bid# SRP-SW-ARP-0025 203 West Main Street Wilkesboro, North Carolina 28697

THIS BID IS FEDERALLY FUNDED.
2.5 BID SUBMITTAL
Sealed bids, subject to the conditions made part hereof shall be received at the address indicated in the table
below, no later than 10am EST on Wednesday, August 26th, 2026.
Mailing address for delivery of Bid Office Address of delivery of Bid by any other
via US Postal Service method (hand delivery, overnight, or other carrier)
Town of Wilkesboro Town of Wilkesboro
Attn: Bid# SRP-SW-ARP-0025 Attn: Bid# SRP-SW-ARP-0025
Post Office Box 1056 203 West Main Street
Wilkesboro, North Carolina 28697 Wilkesboro, North Carolina 28697
It is the responsibility of the vendor to sign the Bid by the specified time and date of opening, regardless of the
method of delivery. This is an absolute requirement. The time and delivery will be marked on each bid when
received, and any bid received after the bid submission deadline will not be accepted or evaluated.
All risk of late arrival due to unanticipated delay - whether delivered by hand, U.S. Postal Service, courier, or other
delivery service method - is entirely on the vendor. All vendors are urged to take the possibility of delay into
account when submitting a bid.
Vendors shall deliver one (1) signed, original executed bid response to the address identified in the table in this
Section. Include only bids in response to this ITB in a sealed package. Address package and insert bid number as
shown in the table in this Section.
Bids shall be marked on the outside of the sealed envelope with the vendor's name, Bid number and date and
time of opening. If vendor submits more than one bid, each bid shall be submitted in separate sealed envelopes
and marked accordingly. For delivery purposes, separate sealed bids from a single vendor may be included in the
same outer package.
Attempts to submit a Bid via facsimile (FAX) machine, telephone, or electronic means, including but not limited to
email, in response to this Invitation for Bids will not be accepted. Bids are subject to rejection unless submitted
with the information above included on the outside of the sealed bid package.
Critical updated information may be included in Addenda to this ITB. It is important that all vendors proposing on
this ITB should periodically check the Town's website for any Addenda that may be issued prior to the bid opening
date. All vendors shall be deemed to have read and understood all information in this ITB and all Addenda thereto.
2.6 BID CONTENTS
For the sealed bid, vendor(s) shall populate all attachments of this ITB that require the vendor to provide
information and include an authorized signature where requested, as outlined below. Vendor Bid responses shall
include the following items and the bid documents should be arranged in the following order:
a) Complete and sign: ATTACHMENT A: Vendor Pricing form and Offer Certification.
b) Complete and sign: ATTACHMENT B: Coronavirus State and Local Fiscal Recovery Funds Addendum.
c) Complete and sign: ATTACHMENT C: Certification regarding Lobbying.
d) Complete form with similar type projects: ATTACHMENT D: References Disclosure Form.
e) Complete and sign: ATTACHMENT E: Conflict of Interest disclosure Form.
f) Complete and sign: ATTACHMENT F: Affidavit of Compliance with North Carolina E-verify.
g) Complete and sign: ATTACHMENT G: Certification regarding Debarment, Suspension, Ineligibility, and
Voluntary Exclusion.
[5]

THIS BID IS FEDERALLY FUNDED.
SECTION 3 - METHOD OF AWARD AND BID EVALUATION PROCESS
3.1 METHOD OF AWARD
All qualified bids will be evaluated, and an award or awards will be based on lowest responsive, responsible bid
meeting specifications.
While the intent of this ITB is to award a firm fixed price contract to a single vendor for all line items, the Town
reserves the right to make separate awards to different vendors for one or more line items, to not award one or
more line items or to cancel this ITB in its entirety without awarding a contract, if it is considered to be most
advantageous to the town to do so.
Town of Wilkesboro reserves the right to reject any and all Bid responses and to waive informalities as may be
permitted by law.
3.2 PROHIBITED COMMUNICATIONS DURING EVALUTION
While this ITB is under evaluation, the responding vendor, including any Subcontractors and Suppliers, are
prohibited from engaging in conversations intended to influence the outcome of the evaluation.
3.3 BID EVALUATION PROCESS
The Town shall review all vendor responses to this Bid to confirm that they meet the specifications and
requirements of the ITB.
a) Bids are requested for the items as specified, or item(s) equivalent in design, function, and performance.
The Town reserves the right to reject any bid on the basis of fit, form and function as well as cost. All
information furnished on this bid may be used as a factor in determining the award of this contract.
b) Bids will be received from each responsive vendor in a sealed envelope or package.
c) All bids shall be received by the issuing agency not later than the date and time specified on the cover sheet
of this ITB.
d) At that date and time specified as the bid opening, the package containing the bids from each responding
firm will be opened publicly and the name of the vendor and the price(s) bid announced.
e) The Town shall review all vendor responses to this Bid to confirm that they meet the specifications and
requirements of the ITB.
f) For all responses that pass the initial review process, the Town will review and assess the vendors' pricing.
The Town may request additional formal responses or submissions from any or all vendors for the purpose
of clarification or to amplify the materials presented in any part of the bid. Vendors are cautioned, however,
that the Town is not required to request clarification, and often does not. Therefore, all bids should be
complete and reflect the most favorable terms available from the vendor. Prices bid cannot be altered or
modified as part of a clarification.
g) Bids will be evaluated, based on the award criteria identified in Section: METHOD OF AWARD.
Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the Town
reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the
best interest of the Town.
Upon completion of the evaluation process, the Town will make award(s) based on the evaluation and post
the award(s) to the Town's website. Award of a contract to one vendor does not mean that the other bids
lacked merit, but that, all factors considered, the selected bid was deemed most advantageous and
represented the best value to the Town.
[6]

THIS BID IS FEDERALLY FUNDED.
3.4 INTERPRETATION OF TERMS AND PHRASES
This Invitation for Bids (ITB) serves two functions: (1) to advise potential vendors of the parameters of the solution
being sought by the Town; and (2) to provide (together with other specified documents) the terms of the contract
resulting from this procurement. As such, all terms in the Invitation for Bids shall be enforceable as contract terms
in accordance with the General contract Terms and Conditions. The use of phrases such as "shall," "must," and
"requirements" are intended to create enforceable contract conditions. Except as specifically stated in the ITB,
no one requirement shall automatically disqualify a vendor from consideration. However, failure to comply with
any single requirement may result in the Town exercising its discretion to reject a bid in its entirety.
SECTION 4 - REQUIREMENTS
This Section lists the requirements related to this Bid. By submitting a bid, the vendor agrees to meet all stated
requirements in this Section as well as any other specifications, requirements and terms and conditions stated in
this ITB. If a vendor is unclear about a requirement or specification or believes a change to a requirement would
allow for the Town to receive a better bid, the vendor is urged and cautioned to submit these items in the form of
a question during the question-and-answer period in accordance with Section 2.4.
4.1 PRICING
Bid price shall constitute the total cost to Town for delivery fully assembled, to the extent factory assembly is
possible, including but not limited to, all applicable charges for shipping, delivery, handling, sales tax,
administrative and other similar fees. Vendor shall not invoice for any amounts not specifically allowed for in this
ITB. See: "Article 45 - Taxes". Complete ATTACHMENT A: VENDOR PRICING AND OFFER CERTIFICATION FORM and
include with bid response.
4.2 PRODUCT IDENTIFICATION - SUITABILITY FOR INTENDED USE
Vendors are requested to offer only items directly complying with the specifications herein or comparable items
which will provide the equivalent capabilities, features and diversity called for herein. The Town reserves the right
to evaluate all bids for suitability for the required use and to award the one best meeting requirements and
considered to be in the Town's best interests.
4.3 DELIVERY
The vendor shall deliver FOB Destination to 105 Oakwoods Rd, Wilkesboro, NC 28697, with all transportation costs
included in the total bid price. If Town needed to alter the delivery location prior to delivery, the adjusted delivery
location would be at no additional cost to the Town and less than 5 miles from the location referenced above. All
deliveries need to be made Monday through Friday, 7:30 AM - 4:00 PM and scheduled with the Town by
contacting the Town of Wilkesboro Public Works at 336-838-0188, prior to any delivery being made.
Currently, the Town will be responsible for the unloading of materials at the site location; however, the Town
desires to evaluate that decision and is asking for vendors to include an optional fee for the unloading of
materials. This optional fee should not be included in the Total contract Bid Amount and may not be chosen as
part of the contract.
4.4 AUTHORIZED RESELLER
The vendor shall be authorized by the manufacturer to distribute and resell the products offered in this Bid. The
vendor shall provide a signed statement from the manufacturer as an Authorized Reseller confirming authorization
upon request from the agency. Failure to provide this statement shall constitute sufficient grounds for rejection
of vendor's offer, at the discretion of the Town.
[7]

ITEM # DESCRIPTION QUANTITY UNIT OF MEASURE
SITE PREPARATION
SP.1 Construction Survey 1 Each
SP.2 As-Built Survey 1 Each
SP.3 Mobilization 1 Each
SP.4 Stabilized Construction Entrance 637 Square Foot
SP.5 Kiosk Sign 1 Each
TOTAL
EARTHWORK
EW.1 Clearing/Grubbing and Grading 548,785 Square Foot
EW.2 Stream Excavation 3,842 Linear Foot
EW.3 Stone Class 1 (Misc.) 2,500 Square Foot
EW.4 ABC Stone 22,975 Square Foot
EW.5 Rock Dust 18,400 Square Foot
EW.6 8oz Non-woven Geotextile 4,575 Square Foot
TOTAL
PIPE AND STRUCTURE
PS.1 Existing Pipe Removal 165 Linear Foot
PS.2 Associated Structures/Headwalls 2 Each
PS.3 Disposal & Hauling 1 Each
PS.4 Site Restoration 1 Each
PS.5 Furnish & Install Replacement Pipe 210 Linear Foot
TOTAL
IN-STREAM STRUCTURES
SS.1 Boulder J-Hook Structure 24 Each
TOTAL

THIS BID IS FEDERALLY FUNDED.
4.5 REFERENCES
Vendor shall include in bid response a completed ATTACHMENT D: REFERENCE DISCLOSURE FORM. The Town
and/or engineer will contact these users to determine the quality level of the offered; as well as but not limited to
user satisfaction with vendor performance. Such information may be considered in the evaluation of the bid.
Vendor shall use ATTACHMENT D: REFERENCE DISCLOSURE FORM to provide the required information for a
minimum of three (3) references for similar type projects. any single requirement may result in the Town exercising
its discretion to reject a bid in its entirety.
SECTION 5 - PRODUCT SPECIFICATIONS
5.1 GENERAL SPECIFICATIONS
Technical specifications define the minimum acceptable standard. Burden of proof that the product meets the
minimum standards is on the bidder. The Town reserves the right to reject Bids that the Town deems unacceptable.
The specific quantity of items, unit of measure and item descriptions are listed in the chart below.
ITEM # DESCRIPTION QUANTITY UNIT OF MEASURE
SITE PREPARATION
SP.1 Construction Survey 1 Each
SP.2 As-Built Survey 1 Each
SP.3 Mobilization 1 Each
SP.4 Stabilized Construction Entrance 637 Square Foot
SP.5 Kiosk Sign 1 Each
TOTAL
EARTHWORK
EW.1 Clearing/Grubbing and Grading 548,785 Square Foot
EW.2 Stream Excavation 3,842 Linear Foot
EW.3 Stone Class 1 (Misc.) 2,500 Square Foot
EW.4 ABC Stone 22,975 Square Foot
EW.5 Rock Dust 18,400 Square Foot
EW.6 8oz Non-woven Geotextile 4,575 Square Foot
TOTAL
PIPE AND STRUCTURE
PS.1 Existing Pipe Removal 165 Linear Foot
PS.2
Associated Structures/Headwalls 2 Each
PS.3 Disposal & Hauling 1 Each
PS.4 Site Restoration 1 Each
PS.5 Furnish & Install Replacement Pipe 210 Linear Foot
TOTAL
IN-STREAM STRUCTURES
SS.1 Boulder J-Hook Structure 24 Each
TOTAL
[8]

EROSION CONTROL
EC.1 Coir Matting skid steer 78,000 Square Foot
EC.2 Temporary Silt Fence and Rock Silt Screen 8,015 Linear Foot
EC.3 Silt Fence Rock Outlet 61 Each
EC.4 Temporary Seeding 133,675 Square Foot
TOTAL
PLANTING
PT.1 Livestakes 364 Each
PT.2 Plugs 3,000 Each
PT.3 Potted Plants 975 Each
PT.4 Bareroots 2,683 Each
TOTAL

THIS BID IS FEDERALLY FUNDED.
EROSION CONTROL
EC.1 Coir Matting 78,000 Square Foot
skid steer
EC.2
Temporary Silt Fence and Rock Silt Screen 8,015 Linear Foot
EC.3 Silt Fence Rock Outlet 61 Each
EC.4 Temporary Seeding 133,675 Square Foot
TOTAL
PLANTING
PT.1 Livestakes 364 Each
PT.2 Plugs 3,000 Each
PT.3 Potted Plants 975 Each
PT.4 Bareroots 2,683 Each
TOTAL
5.2 APPROVED MANUFACTURERS
If any. _______________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
____________________________________________________________________________________
5.3 DEVIATIONS
The nature of all deviations from the Specifications listed in SECTION 5. PRODUCT SPECIFICATIONS shall be clearly
described by the vendor. Otherwise, it will be considered that items offered by the vendor are in strict compliance
with the Specifications provided herein, and the successful vendor shall be required to supply conforming goods.
Deviations shall be explained in detail below or on an attached sheet. For any deviation to be accepted, it must be
approved by the Town. However, no implication is made or intended by the Town that any deviation will be
acceptable.
SECTION 6 - CONTRACT ADMINISTRATION
All Contract Administration requirements are conditioned on an award resulting from this solicitation. This
information is provided for the vendor's planning purposes.
6.1 ACCEPTANCE OF WORK
Performance of the work and/or delivery of goods shall be conducted and completed at least in accordance with
the contract requirements and recognized and customarily accepted industry practices. Performance shall be
considered complete when the services or goods are approved as acceptable by the Town.
Acceptance of work products shall be based on the following criteria: See Section 5 Product Specifications.
The Town and Engineer shall have the obligation to notify vendor, in writing ten (10) calendar days following
completion of such work or delivery of a deliverables described in the Contract that it is not acceptable. The notice
shall specify in reasonable detail the reason(s) it is unacceptable. Acceptance by the Town shall not be
unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation,
[9]

THIS BID IS FEDERALLY FUNDED.
installation, or testing, as applicable to the work or deliverable. Final acceptance is expressly conditioned upon
completion of all applicable assessment procedures. Should the work or deliverables fail to meet any
specifications, acceptance criteria or otherwise fail to conform to the Contract, the Town may exercise any and all
rights hereunder, including, for Goods deliverables, such rights provided by the Uniform Commercial Code, as
adopted in North Carolina.
6.2 ACKNOWLEDGEMENT OF FUNDING
Town has been awarded State and Local Fiscal Recovery Funds (SLFRF) by the Treasury Department under the
American Rescue Plan Act (ARPA) and NC DEQ is the pass-through State of N.C. agency administering the funds.
These Federal funds will be used to fund all or a portion of this Agreement. The Contractor will comply with all
applicable Federal, State, and local laws, regulations, executive orders, policies, procedures, and directives
applicable from the awarding agency.
6.3 INVOICES
Vendor shall invoice the Engineering Firm. The standard Contractor application, with spreadsheets of work
completed, materials on hand, employee pay forms, etc., sales tax affidavits, and invoices. See: "Article 45 - Taxes."
Invoices shall include detailed line-item information to allow the Engineering Firm to verify pricing at point of
receipt matches the correct price from the original date of order.
INVOICES MAY NOT BE PAID UNTIL AN INSPECTION HAS OCCURRED AND THE GOODS ACCEPTED.
6.4 WARRANTY
The Contractor shall guarantee and warrant all materials purchased pursuant to this ITB against defect due to
faulty material, workmanship, and/or negligence for a period of one (1) year from acceptance.
6.5 PRODUCT RECALL
Vendor/Contractor expressly assumes full responsibility for prompt notification to the Buyer listed on the face of
this ITB of any product recall in accordance with the applicable state or Federal regulations. The vendor shall
support the Town, as necessary, to promptly replace any such products, at no cost to Town.
6.6 E-VERIFY
Vendor shall comply with the requirements of Article 2 of Chapter 64 of the NC General Statutes. Further, if vendor
uses a Subcontractor, vendor shall require the Subcontractor to comply with the requirements of Article 2 of
Chapter 64 of the N. C. General Statutes.
[10]

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