<div class="chunk-title">Sec. 30-6. - Formal bid and request-for-proposal monetary limits.</div>
<div class="chunk-content">
            <p class="incr0">
               (a)
               </p>
            		
            <p class="content1">
               <span class="ital">When required.</span> Formal procedures must be followed when the purchase requires an estimated expenditure
               of $90,000.00 or more. For construction, repairs and renovation, formal bid procedures
               must be followed if the project requires an estimated expenditure of $500,000.00 or
               more.
               </p>
            		
            <p class="incr0">
               (b)
               </p>
            		
            <p class="content1">
               <span class="ital">Minority contractors; separate specifications and contracts.</span> If the cost for the construction of a building is estimated at $300,000.00 or more,
               the county has established a five percent goal for participation by minority contractors
               in the total value of work for which a contract is awarded pursuant to G.S. Â§ 143-128.
               In addition, for projects totaling $300,000.00 or more, separate specifications and
               contracts must be prepared for the following areas of work:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Heating, ventilating, air conditioning and accessories and/or refrigeration for cold
               storage (where the cooling load is fifteen (15) tons or more of refrigeration);
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               Plumbing and gas fittings and accessories;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Electrical wiring and installations; and
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               General work not included in the three areas listed in subsections (1) through (3).
               </p>
            		
            <p class="incr0">
               (c)
               </p>
            		
            <p class="content1">
               <span class="ital">Contracting methods.</span> For building construction or building repair projects $300,000.00 and above, bids
               may be received by using (i) single-prime, (ii) separate-prime, (iii) dual bidding,
               (iv) construction management-at-risk contract or (v) alternative contracting methods
               authorized pursuant to G.S. Â§ 143-135.26(9) in accordance with the following:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               <span class="ital">Single-prime.</span> All bidders in a single-prime project shall be required to identify on their bid
               the contractors they have selected for the subdivisions or branches of work for: heating,
               ventilating, and air conditioning; plumbing; electrical; and general. The contract
               shall be awarded to the lowest responsible, responsive bidder, taking into consideration
               quality, performance, the time specified in the bids for performance of the contract,
               and compliance with G.S. Â§ 143-128.2. A contractor whose bid is accepted shall not
               substitute any person as subcontractor in the place of the subcontractors listed in
               the original bid, except:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               If the listed subcontractor's bid is later determined by the contractor to be nonresponsible
               or nonresponsive, or the listed subcontractor refuses to enter into a contract for
               the complete performance of bid order; or
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               With the approval of the board of commissioners for good cause shown by the contractor.
               </p>
            		
            <p class="b2">
               When a contract is awarded using the single-prime method, the county shall make the
               dispute resolution process available to subcontractors.
               </p>
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               <span class="ital">Separate-prime.</span> Bids shall be accepted for each subdivision of work for which specifications are
               required to be prepared, and bids shall be awarded separately to responsible and reliable
               persons regularly engaged in their respective lines of work. Each separate contractor
               shall be directly liable to the county and to the other separate contractors for the
               full performance of all duties and obligations due under the terms of the contract.
               Contracts shall be awarded to the lowest, responsible, responsive bidders, taking
               into consideration quality, performance, the time specified in the bids for performance
               of the contract and compliance with G.S. Â§ 143-128.2.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               <span class="ital">Dual bidding.</span> Bids may be received to erect, construct, alter or repair a building under both the
               single-prime and separate-prime contracting systems, and the contract shall be awarded
               to the lowest responsible, responsive bidder under the single-prime system or to the
               lowest responsible, responsive bidder under the separate-prime system, taking into
               consideration quality, performance and compliance with G.S. Â§ 143-128.2 and time specified
               in the bids to perform the contract. In determining the system under which the contract
               will be awarded to the lowest responsible, responsive bidder, the cost of construction
               oversight, time for completion, and other factors the county considers appropriate
               may be considered. The bids received as separate-prime bids shall be received, but
               not opened, no less than one hour prior to the deadline for the submission of single-prime
               bids. The amount of a bid submitted by a subcontractor to the general contractor under
               the single-prime system shall not exceed the amount bid, if any, for the same work
               by that subcontractor under the separate-prime system.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               <span class="ital">Construction management contracts.</span>
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               <span class="ital">Construction management services.</span> The term "construction management services" means services provided by a construction
               manager, which may include preparation and coordination of bid packages, scheduling,
               cost control, value engineering, evaluation, preconstruction services, and construction
               administration.
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               <span class="ital">Construction management-at-risk services.</span> The term "construction management-at-risk services" means services provided by a
               person who:
               </p>
            		
            <p class="incr3">
               1.
               </p>
            		
            <p class="content4">
               Provides construction management services for a project throughout the preconstruction
               and construction phases;
               </p>
            		
            <p class="incr3">
               2.
               </p>
            		
            <p class="content4">
               Is licensed as a general contractor; and
               </p>
            		
            <p class="incr3">
               3.
               </p>
            		
            <p class="content4">
               Guarantees the cost of the project.
               </p>
            		
            <p class="incr2">
               c.
               </p>
            		
            <p class="content3">
               <span class="ital">Construction manager-at-risk.</span> The construction manager-at-risk shall contract directly with the county for all
               construction, shall publicly advertise, and shall prequalify and accept bids from
               first-tier subcontractors for all construction work. The construction manager-at-risk
               shall address quality, performance, the time specified in the bids for performance
               of the contract, the cost of construction oversight, time for completion, capacity
               to perform, and other factors deemed appropriate by the county. The county shall require
               the construction manager-at-risk to submit its plan for compliance with G.S. Â§ 143-128.2
               for approval by the board of commissioners prior to soliciting bids for the project's
               first-tier subcontractors. A construction manager-at-risk and first-tier subcontractors
               shall make a good faith effort to recruit and select minority businesses for participation
               in contracts pursuant to G.S. Â§ 143-128.2. A construction manager-at-risk may perform
               a portion of the work only if:
               </p>
            		
            <p class="incr3">
               1.
               </p>
            		
            <p class="content4">
               Bidding produces no responsible, responsive bidder for that portion of the work, the
               lowest responsible bidder will not execute a contract for the bid portion of the work
               or the subcontractor defaults and a prequalified replacement cannot be obtained in
               a timely manner; and
               </p>
            		
            <p class="incr3">
               2.
               </p>
            		
            <p class="content4">
               The county approves of the construction manager-at-risk's performance of the work.
               </p>
            		
            <p class="b3">
               All bids shall be opened publicly and once they are opened are public records. The
               construction manager-at-risk shall act as the fiduciary of the county in handling
               and opening bids. The construction manager-at-risk shall award the contract to the
               lowest responsible, responsive bidder, taking into consideration quality, performance,
               the time specified in the bids for the performance of the contract, the cost of construction
               oversight, time for completion, compliance with G.S. Â§ 143-128.2, and other factors
               deemed appropriate by the county and advertised as part of the bid solicitation. The
               county may require the selection of a different first-tier subcontractor for any portion
               of the work, provided the construction manager-at-risk is compensated for any additional
               cost incurred. When contracts are awarded using this method, the county shall provide
               for a dispute resolution procedure as provided in G.S. Â§ 143-128(g). The construction
               manager-at-risk shall provide a performance and payment bond to the county.
               </p>
            <p class="incr2">
               d.
               </p>
            		
            <p class="content3">
               <span class="ital">Design-build and design-build bridging.</span> Design-builder contracts are used to provide both design services (architectural
               and engineering) and construction services under one contract. Design-build is subject
               to request for qualification and is initially selected based on qualifications. A
               design-build bridging contract is utilized when a local government contracts with
               a design-builder to complete project design and perform construction services. A design-build
               bridging contract is awarded to the lowest responsive, responsible bidder based on
               estimated costs of performing design and construction services.
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               <span class="ital">Alternative contracting method.</span> Local governments can seek authority to modify bidding requirements for particular
               projects, specifically design-build projects for building construction.
               </p>
            		
            <p class="incr0">
               (d)
               </p>
            		
            <p class="content1">
               <span class="ital">Performance and payment bonds.</span> When a project exceeds $300,000.00, performance and payment bonds are required for
               each contract that exceeds $50,000.00. No bid for construction or repair work valued
               at $300,000.00 or above may be considered or accepted unless, at the time of the submittal,
               it is accompanied by a deposit in the form of cash or certified check, in an amount
               equal to not less than five percent of the proposal. In lieu of making a cash deposit,
               the bidder may file a bid bond executed by a corporate surety licensed under the laws
               of the state. The successful contractor shall be required to submit performance and
               payment bonds to secure the faithful performance of the terms of the contract and
               the payment of all sums due for labor and materials.
               </p>
            		
            <p class="incr0">
               (e)
               </p>
            		
            <p class="content1">
               <span class="ital">Reporting requirements.</span> County staff shall report to the secretary of the department of administration the
               cost and effectiveness of the method used under this section. Reports shall include
               the following information:
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               The method used;
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               The total value of each project;
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               The bid costs and relevant post bid costs;
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               A detailed listing of all contractors and subcontractors used on the project, including
               identification of whether the contractor was an out of state contractor; and
               </p>
            		
            <p class="incr1">
               (5)
               </p>
            		
            <p class="content2">
               When an out-of-state contractor was used, the reasons why the contractor was selected.
               </p>
            		
            <p class="b0">
               The reports must be filed annually beginning April 1, 2003, and thereafter must be
               filed in the year in which the project is completed.
               </p>
            <p class="incr0">
               (f)
               </p>
            		
            <p class="content1">
               <span class="ital">Dispute resolution for building construction projects.</span> The county shall provide dispute resolution procedures for all building construction
               or repair projects. The dispute resolution procedures are available to all parties
               involved in the construction project, including the architect, the construction manager,
               and the contractors, including all levels of subcontractors, and are available for
               any issue arising out of the contract or construction process as long as the matter
               in dispute is $15,000.00 or more. See the county's dispute resolution policy for additional
               information.
               </p>
            		
            <p class="incr0">
               (g)
               </p>
            		
            <p class="content1">
               <span class="ital">Minority participation for building construction projects ($300,000.00 and above).</span>
               </p>
            		
            <p class="incr1">
               (1)
               </p>
            		
            <p class="content2">
               Contractors, including first-tier subcontractors on construction management-at-risk
               projects, must identify on their bids the minority businesses they will use on the
               project and the total dollar value of the bid that will be performed by minority businesses.
               Contractors must also include an affidavit listing the good-faith efforts they have
               made. If contractors intend to perform all of the work with their own forces, they
               may submit an affidavit.
               </p>
            		
            <p class="incr1">
               (2)
               </p>
            		
            <p class="content2">
               After bids are received, the apparent lowest responsible bidder must provide either:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               An affidavit describing the portion of the work to be executed by minority businesses,
               expressed as a percentage of the total contract amount showing a percentage equal
               to or more than the applicable goal on the project; or
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               Documentation of good-faith efforts to meet the goal, including any advertisements,
               solicitations, and evidence of other specific actions demonstrating recruitment and
               selection of minority businesses for participation in the contract.
               </p>
            		
            <p class="incr1">
               (3)
               </p>
            		
            <p class="content2">
               Within 30 days after a contract is awarded, the successful contractor must list all
               identified subcontractors that will be used on the project. Failure to provide the
               affidavit or documentation required to demonstrate good faith efforts is grounds for
               rejection of a bid.
               </p>
            		
            <p class="incr1">
               (4)
               </p>
            		
            <p class="content2">
               A subcontractor may not be replaced except:
               </p>
            		
            <p class="incr2">
               a.
               </p>
            		
            <p class="content3">
               When the subcontractor's bid is determined to be nonresponsible or nonresponsive or
               the subcontractor refuses to enter into a contract for the complete performance of
               the work; or
               </p>
            		
            <p class="incr2">
               b.
               </p>
            		
            <p class="content3">
               With the approval of the county for good cause.
               </p>
            		
            <p class="b0">
               When selecting a substitute contractor, the contractor must make and document good
               faith efforts. See guidelines and minority outreach plan, on file in the county offices.
               </p>
            <p class="incr0">
               (h)
               </p>
            		
            <p class="content1">
               <span class="ital">E-Verify required for formal construction contracts.</span> All contractors and their respective subcontractors shall provide E-Verify affidavits
               or acknowledgements for any formal construction project prior to contracting with
               the county.
               </p>
            		
            <p class="historynote0">
               (Ord. No. 2023-11, 10-16-2023)
               </p>
            <p class="refstatelaw0" block_type="hang"><b>State Law referenceâ€” </b>
               Authority of county to lease real property and to employ county personnel under certain
               circumstances, G.S. Â§ 153A-165 and Â§ 143-135.
               </p></div>