23-24-52 Rock Springs Road Pipe Rehab.pdf

PROPOSALS, CONTRACT FORMS

and SPECIFICATIONS for

ROCK SPRINGS RD PIPE REHABILITATION PROJECT

PROJECT NUMBER: 23-24-52

CITY OF GREENVILLE, NC

PUBLIC WORKS

DIRECTORING DEPARTMENT

1500 BEATTY STREET

GREENVILLE, NC 27834

252-329-4522

CITY OF GREENVILLE, NC May 2024 Rock Springs Rd PIPE REHABILITATION Project

TABLE OF CONTENTS

Page Number

Advertisement for Bidders AB: 1-2 Instruction to Bidders IB: 1-10 Bid Form BF: 1-12 Bid Bond BB: 1-2 Non-Collusion Affidavit of Prime Bidder NCA: 1 Agreement A: 1-6 Payment Bond PB: 1-4 Performance Bond PB: 5-6 Certificate of Insurance CI: 1 Notice of Award NA: 1 Notice to Proceed NP: 1 Minority and Women-Owned Business Utilization Commitment M/WBE: 1-14 N. C. Tax Statement & Certification TSC: 1 Contractors Affidavit – Release of Liens and Waiver to Claims CA: 1 General Conditions GC: 1-62 Supplementary General Conditions SC: 1-4 Standard Special Provisions SSP: 1-16

DETAIL SPECIFICATIONS

DIVISION 1 - GENERAL REQUIREMENTS

Section 01010 – Project Requirements 01010: 1-8 Section 01090 – Reference Standards 01090: 1-4 Section 01150 – Unit Prices 01150: 1-4 Section 01300 – Submittals 01300: 1-4 Section 01400 – Temporary Facilities 01400: 1-2 Section 01575 – Maintenance and Protection of Traffic 01575: 1-2

PROJECT SPECIAL PROVISIONS PSP: 1-7

AB-1

ADVERTISEMENT FOR BIDDERS

GREENVILLE, NORTH CAROLINA

Sealed bids are invited and will be received by the City of Greenville Public Works Department, 1500 Beatty Street, Greenville, NC 27834 until 10:00 a.m. local time on Tuesday, May 21st, 2024. All bids will be marked with the date and time they are received. Bids will not be opened and read aloud at this time, but will be reviewed and contracts will be awarded at a later date.

ROCK SPRINGS RD PIPE REHABILITATION Project

Bids must be submitted on the complete project. Bids must be enclosed in a sealed envelope, addressed to the City of Greenville, and the outside of the envelope must be marked “Rock Springs Rd PIPE REHABILITATION Project, Greenville, North Carolina” along with the name, address, and license number of the Bidder. All bids must be made on blank forms provided and included in the bound document or provided through subsequent addenda.

The Project will consist of approximately 145 gallons of single-component polyurethane grout into corroded arched culvert pipe. The Contractor will install improvements on City of Greenville ROW and follow City of Greenville standard procedures provided below. This project will include a lump sum bid price.

Each bid must be accompanied by cash or a certified check, drawn on a bank of trust company authorized to do business in North Carolina, payable to the City of Greenville 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 a 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.

Each bid proposal must be accompanied by all appropriate forms and documentation to be considered responsive, including applicable Minority and Women Owned Business forms.

Sales tax may be listed on the proposal, but as a separate item. No charge will be allowed for Federal Excise and Transportation Tax, from which the City of Greenville is exempt.

Contractors are notified that legislative acts relating to licensing of contractors will be observed in receiving bids and awarding contracts. Firms submitting a proposal are attesting that no official or employee of the City of Greenville is directly or indirectly interested in this proposal for any reason of personal gain.

E-Verify Compliance: The Bidder shall comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. Further, if the Bidder furnishes services, programs or goods to the City

AB-2

utilizing a subcontractor, the Bidder shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes. The Bidder represents that the Bidder and its subcontractors are in compliance with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes.

Minority and Women Owned Firms are encouraged to submit proposals. Please note that as of July 1, 2009, the City of Greenville only accepts State-certified HUB contractors to fulfill the M/WBE requirements for City funded projects.

A Pre-Bid Conference will be held at the City of Greenville’s Public Works Department, 1500 Beatty Street, Greenville, North Carolina on Tuesday, May 14th, 2024 at 2:00 p.m. local time for all interested contractors, subcontractors, and materials suppliers.

From Tuesday, May 7th, 2024 until the date of bid opening, plans and specifications will be on file and may be examined during normal office hours at City of Greenville Pubic Works Department. Digital copies of bid documents will be available for downloading at no cost from the City of Greenville’s website by visiting http://www.greenvillenc.gov/government/financial-services/current-bid-opportunities Should there be any questions, please contact Gentry Coward, Street Superintendent, at (252) 329-4050 or gcoward@greenvillenc.gov.

The Successful Bidder will be required to provide a Performance and Payment Bond in the total aggregate penal sum equal to the total Contract Sum to complete all work established in the specifications.

The City reserve the right to reject any or all bids, to waive informalities, and to award contract or contracts which, in the opinion of the Owner, appear to be in its best interest. The right is reserved to hold any or all proposals for a period of sixty (60) days from the opening thereof. Bid Tabulation Sheets will be mailed to all bona fide bidders.

City of Greenville Public Works Department Street Division or Wanda House Purchasing Manager City of Greenville, NC

1500 Beatty Street Telephone: (252) 329-4862 P.O. Box 7207 Fax: (252) 329-4464 Greenville, NC 27835-7207 Email: whouse@greenvillenc.gov Gentry Coward Street Superintendent Telephone: (252) 329-4050 Email: gcoward@greenvillenc.gov

Instruction to Bidders IB-3

INSTRUCTION TO BIDDERS

1. Defined Terms

Terms used in these Instructions to Bidders that are defined in the Standard General Conditions of the Construction Contract (2007 Edition) have the meanings assigned to them in the General Conditions.

Certain additional terms used in these Instructions to Bidders have the meanings indicated below which are applicable to both the singular and plural thereof.

1.1.1 Bidder – one who submits a Bid directly to Owner as distinct from a sub-bidder, who submits a bid to a Bidder.

1.1.2 Issuing Office – the office from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

1.1.3 Successful Bidder – the lowest, responsible and responsive Bidder to whom Owner (on basis of Owner’s evaluation as hereinafter provided) makes an award.

1.1.4 Owner – the City of Greenville, NC.

1.1.5 Public Works Director – The Public Works Department, Public Works Director Division, of the City of Greenville.

2. Copies of Bidding Documents

2.1 Complete sets of the Bidding Documents in the number and for the sum, if any, stated in the Advertisement or Invitation to Bid may be obtained from the Issuing Office.

2.2 Complete sets of Bidding Documents must be used in preparing Bids;

neither Owner nor Public Works Director assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.3 Owner and Public Works Director 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.

3. Qualifications of Bidders

To demonstrate qualifications to perform the Work, each Bidder must be prepared to submit within five days after Bid opening upon Owner's request detailed written evidence such as financial data, previous experience, present commitments and other

Instruction to Bidders IB-4 such data as may be called for below (or in the Supplementary Instructions).

Each Bid must contain evidence of Bidder's qualification to do business in the state where the Project is located or covenant to obtain such qualification prior to award of the contract.

Lead abatement must be conducted by a contractor that is QP-2 certified and meet the specifications called out in Section 06000 of the Contract Documents.

WORKERS COMPENSATION AND INSURANCE:

The contractor must maintain, during the life of this contract, Worker’s Compensation Insurance for all employees working at the project site under this contract, or as otherwise required by North Carolina General Statutes.

The Consultant/Contractor agrees to purchase at its own expense insurance coverages to satisfy the following minimum requirements. Work under this contract shall not commence until all insurance required as listed has been obtained.

Insurance required shall remain in effect through the life of this contract.

a. Workers’ Compensation Insurance: No contractor or subcontractor may exclude executive officers.

Workers Compensation must include all employees Limits: Workers Compensation: Statutory for the State of North Carolina.

Employers Liability: Bodily Injury by Accident $1,000,000 each accident.

Bodily Injury by Disease $1,000,000 policy limit.

Bodily Injury by Disease $1,000,000 each employee.

b. Commercial General Liability: Limits: Each Occurrence: $1,000,000 Personal and Advertising Injury $1,000,000 General Aggregate Limit $2,000,000 Products and Completed Operations Aggregate $2,000,000. The aggregate limit must apply per project. The form of coverage must be the ISO CG 00 01 policy as approved by the State of North Carolina Department of Insurance. If a form of coverage other than the CG 00 01 is used it must be approved by the City. Any endorsed exclusions or limitations from the standard policy must be clearly stated in writing and attached to the Certificate of Insurance. Completed Operations coverage must be maintained for the period of the applicable statute of limitations. Additionally, the Consultant/Contractor must be added as an Additional Insured to the Commercial General Liability policy.

c. Commercial Automobile Liability: Limits: $1,000,000 combined single limit.

d. Cancellation: Each certificate of insurance shall bear the provision that the policy cannot be altered or canceled in less than ten (10) days after mailing written notice to the assured of such alteration or cancellation, sent registered mail.

Proof of Carriages:

i. The Consultant/Contractor shall provide the City with insurance industry standard ACCORD form Certificate(s) of Insurance on all policies of insurance and renewals thereof in a form(s) acceptable to the

Instruction to Bidders IB-5

City prior to the commencement of services. Said policies shall provide that the City be an additional named insured.

ii. The City shall be notified in writing of any reduction, cancellation, or substantial change of policy or policies at least thirty (30) days prior to the effective date of said action.

iii. All insurance policies shall be issued by responsible companies who are acceptable to the City and licensed and authorized to do business under the laws of North Carolina.

The contractor shall furnish such additional insurance as may be required by the General Statues of North Carolina, including motor vehicle insurance in amounts not less than statutory limits.

The contractor shall furnish the owner with satisfactory proof of insurance required before written approval of such insurance is granted by the owner. Executed contract documents, insurance certifications, invoices and other information requested, are to be sent to:

Gentry Coward, Street Superintendent

City of Greenville Public Works Department 1500 Beatty Street Greenville, N.C. 27834

Email: gcoward@greenvillenc.gov

Instruction to Bidders IB-6

2021 STORMWATER PIPE REHABILITATION Project

4. Examination of Contract Documents and Site.

4.1 It is the responsibility of each Bidder before submitting a Bid:

4.1.1. To examine thoroughly the Contract Documents and other related data identified in the Bidding Documents (including "technical data" referred to below):

4.1.2. To visit the site to become familiar with and satisfy Bidder as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work;

4.1.3. To consider federal, state and local Laws and Regulations that may affect cost, progress, performance or furnishing of the Work;

4.1.4. To study and carefully correlate Bidder's knowledge and observations with the Contract

Documents and such other related data; and

4.1.5 To promptly notify Public Works Director of all conflicts, errors, ambiguities or discrepancies that Bidder has discovered in or between the Contract Documents and such other related documents.

4.2 Reference is made to the Supplementary Conditions for identification of the following:

4.2.1 Those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by Public Works Director in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the “technical data” contained in such reports but not upon other data, interpretations, opinions or information contained in such reports or otherwise relating to the subsurface conditions at the site, nor upon the completeness thereof for the purposes of bidding or construction. Subsurface data are offered in good faith solely for the purpose of placing the Bidder in receipt of all information available to the Owner and the Public Works Director and in no event is to be considered part of the Contract Documents.

4.2.2 Those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by Public Works Director in preparation of the Contract Documents. Bidder may rely upon the general accuracy of the “technical data” contained in such drawings but not upon other data, interpretations, opinions or information shown or indicated in such drawings or otherwise relating to such structures, nor upon the completeness thereof for the purposes of bidding or construction.

Copies of such reports and drawings will be made available by Owner to any Bidder on request.

Those reports and drawings are part of the Contract Documents. Bidder is responsible for any interpretation or conclusion drawn from any “technical data” or any such data, interpretations, opinions or information.

4.2.3 Information and data shown or indicated in the Contract Documents with respect to existing

Underground Facilities at or contiguous to the site is based upon information and data furnished to Owner and Public Works Director by owners of such Underground Facilities or others, and Owner and Public Works Director do not assume responsibility for the accuracy or completeness thereof unless it is expressly provided otherwise in the Supplementary Conditions.

4.3 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders

Instruction to Bidders IB-7 with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Contract Documents due to differing or unanticipated conditions appear in Paragraphs 4.02 and 4.03 of the General Conditions.

4.4 Before submitting a Bid each Bidder will be responsible to obtain such additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise, which may affect cost, progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences or procedures of construction to be employed by Bidder and safety precautions and programs incident thereto or which Bidder deems necessary to determine its Bid for performing and furnishing the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

4.5 On request, Owner will provide each Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies, as each Bidder deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies.

4.6 Reference is made to the Supplementary Conditions or the Division 1 Project Requirements for the identification of the general nature of work that is to be performed at the site by Owner or others (such as utilities and other prime contractors) that relates to the work for which a Bid is to be submitted. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such work.

4.7 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Contract Documents and applying the specific means, methods, techniques, sequences or procedures of construction (if any) that may be shown or indicated or expressly required by the Contract Documents, that Bidder has given Public Works Director written notice of all conflicts, errors, ambiguities and discrepancies that Bidder has discovered in the Contract Documents and the written resolutions thereof by Public Works Director is acceptable to Bidder, and that the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

4.8 The Provisions of IB-4.1 through 4.8, inclusive, do not apply to Asbestos, Polychlorinated

Biphenyl (PCB), Petroleum, Hazardous Waste or Radioactive Material covered by Paragraph

4.06 of the General Conditions.

5. Availability of Lands for Work, etc.

The lands upon which the Work is to be performed, rights-of-way and easements for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Contract Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by the CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Contract Documents.

Instruction to Bidders IB-8

6. Interpretations and Addenda.

6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to the Public Works Director. Interpretations or clarifications considered necessary by Public Works Director in response to such questions will be issued by Addenda mailed or delivered to all parties recorded by Public Works Director as having received the Bidding Documents. Questions received less than ten days prior to the date for opening of Bids may not be answered. Only questions answered by formal written Addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by Owner or

Public Works Director.

7. Bid Security.

7.1 Each Bid must be accompanied by Bid security made payable to Owner in an amount of five percent of Bidder's maximum Bid price and in the form of a certified or bank check or a Bid Bond (on form attached, if a form is prescribed) issued by a surety meeting the requirements of Paragraph 5.02 of the General Conditions.

7.2 The Bid security of Successful Bidder will be retained until such Bidder has executed the

Agreement, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Agreement and furnish the required contract security within fifteen days after the Notice of Award, Owner may annul the Notice of Award and the Bid security of that Bidder will be forfeited.

The Bid security of other Bidders whom Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of the seventh day after the Effective Date of the Agreement or the sixtieth day after the Bid opening, whereupon Bid security furnished by such Bidders will be returned. Bid security with Bids which are not competitive will be returned within seven days after the Bid opening if requested by Bidder.

8. Contract Times.

The number of days within which, or the dates by which, the Work is to be substantially completed and also completed and ready for final payment (the term "Contract Times" is defined in paragraph 1.01A(14) of the General Conditions) are set forth in the Agreement and incorporated therein by reference to the attached Bid Form.

9. Liquidated Damages.

Liquidated damages are $640 per day. Provisions for liquidated damages are set forth in the Agreement and incorporated therein by reference to the attached Bid Form.

10. Substitute and "Or Equal" Items.

The Contract, if awarded, will be on the basis of materials and equipment described in the Drawings or specified in the Specifications without consideration of possible substitute of "or equal" items.

Whenever it is indicated in the Drawings or specified in the Specifications that a substitute or "or equal" item or material or equipment may be furnished or used by

Instruction to Bidders IB-9

CONTRACTOR if acceptable to Public Works Director, application for such acceptance will not be considered by Public Works Director until after the Effective Date of the Agreement. The procedure for submission of any such application by CONTRACTOR and consideration by Public Works Director is set forth in Paragraph 6.05 of the General Conditions and may be supplemented in the Division 1 Project Requirements.

11. Subcontractors, Suppliers and Others.

If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers and other persons and organizations (including those who are to furnish the principal items of material and equipment) to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening submit to Owner a list of all such Subcontractors, Suppliers and other persons and organizations proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, person or organization if requested by Owner. An Owner or Public Works Director who after due investigation has reasonable objection to any proposed Subcontractor, Supplier, other person or organization, may before the Notice of Award is given request apparent Successful Bidder to submit an acceptable substitute, without an increase in Bid price.

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, Suppliers and other persons and organizations. The declining to make requested substitutions would not constitute grounds for sacrificing the Bid security of any Bidder. Any Subcontractor, Supplier, other person or organization listed and to whom Owner or Public Works Director does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Public Works Director subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06B of the General Conditions.

11.2 Refer to MINORITY BUSINESS SUPPLEMENTAL CONDITIONS for the City of Greenville’s

M/WBE goals.

11.3 No CONTRACTOR shall be required to employ any Subcontractor, Supplier, other person or organization against which CONTRACTOR has reasonable objection.

12. Lumps Sum Bid Form.

12.1 The Bid Form is included with the Bidding Documents; additional copies may be obtained from

Public Works Director (or the Issuing Office).

12.2 All blanks on the Bid Form must be completed by printing in ink or by typewriter.

12.3 Bids by corporations must be executed in the corporate name by the president or a vice-president (or other corporate officer accompanied by evidence of authority to sign) and the corporate seal must be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation must be shown below the signature.

12.4 Bids by partnerships must be executed in the partnership name and signed by a partner, whose title must appear under the signature and the official address of the partnership must be shown below the signature.

Instruction to Bidders IB-10

12.5 All names must be typed or printed in ink below the signature.

12.6 The Bid shall contain an acknowledgment of receipt of all Addenda (the numbers of which must be filled in on the Bid Form).

12.7 The address and telephone number for communications regarding the Bid must be shown.

12.8 Evidence of authority to conduct business as an out-of-state corporation in the state where the Work is to be performed shall be provided in accordance with Paragraph 3 above. State Contractor license number must also be shown.

13. Submission of Bids.

13.1 Bids shall be submitted at the time and place indicated in the Advertisement of Invitation to Bid and shall be enclosed in an opaque sealed envelope, marked with the Project title (and, if applicable, the designated portion of the Project for which the Bid is submitted) and name and address of Bidder and accompanied by the Bid security and other required documents. If the Bid is sent through the mail or other delivery system the sealed envelope shall be enclosed in a separate envelope with the notation "BID ENCLOSED" on the face of it. Facsimile (Fax) bids are not acceptable.

13.2 The following items must be submitted as part of the completed Bid package at the time of Bid:

Bid Form Bid Security - Bid Bond or Certified Check Non-Collusion Affidavit M/WBE Documentation

14. TITLE VI NONDISCRIMINATION NOTIFICATION

The City of Greenville, North Carolina in accordance with the provisions of Title VI of the Civil Rights Act of 1964 (78 Stat. 252, 42 US.C. §§ 2000d to 2000d-4) and the Regulations, hereby notifies all respondents that it will affirmatively ensure that any contract entered into pursuant to this advertisement, disadvantaged business enterprises will be afforded full and fair opportunity to submit proposals in response to this advertisement and will not be discriminated against on the grounds of race, color, or national origin in consideration for an award.

14. Modification and Withdrawal of Bids.

14.1 Bids may be modified or withdrawn by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

14.2 If, within seventy-two hours after Bids are opened, any Bidder files a duly signed, written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its Bid and the Bid security will be returned in accordance with applicable North Carolina laws. Thereafter, that Bidder will be disqualified from further bidding on the Work to be provided under the Contract Documents.

15. Opening of Bids.

All bids will be marked with the date and time they are received by reception staff. Bids will not be opened and

Instruction to Bidders IB-11 read aloud at this time but will be reviewed and the contract will be awarded at a later date.

Instruction to Bidders IB-12

16. Bids to Remain Subject to Acceptance.

All Bids will remain subject to acceptance for ninety (90) days after the day of the Bid opening, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to that date.

17. Award of Contract.

17.1 Owner reserves the right to reject any or all Bids, including without limitation the rights to reject any or all nonconforming, non-responsive, unbalanced or conditional Bids and to reject the Bid of any Bidder if Owner believes that it would not be in the best interest of the Project to make an award to that Bidder, whether because the Bid is not responsive or the Bidder is unqualified or of doubtful financial ability or fails to meet any other pertinent standard or criteria established by Owner, including but not limited to past performance by the bidder involving other City projects.

Owner also reserves the right to waive all informalities not involving price, time or changes in the Work and to negotiate contract terms with the Successful Bidder. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices.

Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

17.2 In evaluating Bids, Owner will consider the qualifications of Bidders, whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices and other data, as may be requested in the Bid Form or prior to the Notice of Award.

17.3 Owner may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Supplementary Conditions. Owner also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award.

17.4 Owner may conduct such investigations as Owner deems necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perform and furnish the Work in accordance with the Contract Documents to Owner's satisfaction within the prescribed time.

17.5 If the contract is to be awarded, it will be awarded to lowest Bidder whose evaluation by owner indicates to Owner that the award will be in the best interests of the Project.

17.6 The Owner reserves the right to award any or all parts of a Contract but separate parts of the same Contract will not be awarded to different contractors.

17.7 If the contract is to be awarded, Owner will give Successful Bidder a Notice of Award within ninety days after the day of the Bid opening.

Instruction to Bidders IB-13

18. Contract Security.

Paragraph 5.1 of the General Conditions and the Supplementary Conditions set forth Owner's requirements as to performance and payment bonds. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by the required performance and payment Bonds.

19. Signing of Agreement.

When Owner gives a Notice of Intent to Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement with all other written Contract Documents attached. Within ten (10) days thereafter CONTRACTOR shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner with the required Bonds.

Within fourteen (14) days after award Owner shall deliver one fully signed counterpart to CONTRACTOR.

Each counterpart is to be accompanied by a complete set of the Drawings with appropriate identification.

Instruction to Bidders IB-14

INTENTIONALLY LEFT BLANK

CITY OF GREENVILLE, NC ATTACH TO BID May 2024

BID FORM

PROJECT IDENTIFICATION: Rock Springs Rd Pipe Rehabilitation Project Greenville, North Carolina

THIS BID IS SUBMITTED TO: CITY OF GREENVILLE PUBLIC WORKS DEPARTMENT

1500 BEATTY STREET

GREENVILLE, NORTH CAROLINA

1. The undersigned BIDDER proposes and agrees, if this Bid is accepted, to enter into an agreement with

OWNER in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Bid Times indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2. BIDDER accepts all of the terms and conditions of the Advertisement or Invitation to Bid and

Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

This Bid will remain subject to acceptance for sixty days after the day of Bid opening. BIDDER will sign and deliver the required number of counterparts of the Agreement with the Bonds and other documents required by the Bidding Requirements within ten days after the date of OWNER'S Notice of Award.

3. In submitting this Bid, BIDDER represents, as more fully set forth in the Agreement, that:

(a) BIDDER has examined and carefully studied the Bidding Documents and the following Addenda receipt of all, which is hereby acknowledged: (List Addenda by Addendum Number and Date)

Addendum Number Date

(b) BIDDER has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance and furnishing of the Work;

(c) BIDDER is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work.

(d) BIDDER has carefully studied all reports of explorations and tests of subsurface conditions at or contiguous to the site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in paragraph 4.02 of the General Conditions. BIDDER accepts the determination set forth in paragraph the Supplementary

BID FORM BF-1

Conditions of the extent of the "technical data" contained in such reports and drawings upon which BIDDER is entitled to rely as provided in paragraph 4.02 of the General Conditions.

BIDDER acknowledges that such reports and drawings are not Contract Documents and may not be complete for BIDDER'S purposes. BIDDER acknowledges that OWNER and Public Works Department do not assume responsibility for the accuracy or completeness of information and data shown or indicated in the Bidding Documents with respect to Underground Facilities at or contiguous to the site. BIDDER has obtained and carefully studied (or assumes responsibility for not having done so) all such additional or supplementary examinations, investigations, explorations, tests studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the site or otherwise which may effect cost progress, performance or furnishing of the Work or which relate to any aspect of the means, methods, techniques, sequences and procedures of construction to be employed by BIDDER and safety precautions and programs incident thereto. BIDDER does not consider that any additional examinations, investigations, explorations, tests, studies or data are neces-sary for the determination of this Bid for performance and furnishing of the Work in accordance with the times, price and other terms and conditions of the Contract Documents.

(e) BIDDER is aware of the general nature of Work to be performed by Owner and others at the site that relates to Work for which this Bid is submitted as indicated in the Contract Documents.

(f) BIDDER has correlated the information known to BIDDER, information and observations obtained from visits to the site, reports and drawings identified in the Contract Documents and all additional examinations, investigations, explorations, tests, studies and data with the Contract Documents.

(g) BIDDER has given PUBLIC WORKS DEPARTMENT written notice of all conflicts, errors, ambiguities or discrepancies that BIDDER has discovered in the Contract Documents and the written resolution thereof by PUBLIC WORKS DEPARTMENT is acceptable to BIDDER, and the Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work for which this Bid is submitted.

(h) This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or corporation and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation; BIDDER has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; BIDDER has not solicited or induced any person, firm or corporation to refrain from bidding; and BIDDER has not sought by collusion to obtain for itself any advantage over any other BIDDER or over OWNER.

4. BIDDER will complete the Work in accordance with the Contract Documents for the following unit price(s):

All specific cash allowances are included in the price(s) set forth and have been computed in accordance with paragraph 11.02 of the General Conditions.

Unit Prices have been computed in accordance with paragraph 11.03 of the General Conditions.

5. BIDDER acknowledges that quantities for unit price work are not guaranteed and final payment will be based on actual quantities determined as provided in the Contract Documents. BIDDER agrees that the Work will be completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions on or before the dates or number of calendar days indicated in the Agreement.

6. BIDDER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement.

7. The following documents are attached to and made a condition of this Bid:

Required Bid Security in the form of Bid Bond or Certified Check Non-Collusion Affidavit

M/WBE Documentation (if applicable)

8. Terms used in this Bid which are defined in the General Conditions or Instructions will have the meanings indicated in the General Conditions or Instructions.

SUBMITTED on the ____ day of , 202__.

By ______________________________ being a _______________________________ Contractor’s firm name Sole Proprietorship, Partnership, Corporation, Company, firm

State Contractor License No. .

BY: ________________________________

TITLE: __________________________________

(Owner, Partner, or Corporate President or Vice-President only)

ADDRESS: _______________________________

ATTEST: _______________________________

TITLE: _______________________________ (SEAL)

(Corporate Secretary or Assistant Secretary only)

ROCK SPRINGS RD

PIPE REHABILITATION PROJECT

GREENVILLE, NC

BID PROPOSAL AGREEMENT

In compliance with the request for Bids by the City of Greenville and subject to all conditions and specifications thereof, the undersigned offers and agrees to furnish the equipment, materials, and labor as provided in the aforementioned specifications.

CONDITIONS:

1. No federal excise tax or transportation tax to be included unless shown as a separate item and deducted from the total price. Federal excise exemption certificates will be furnished where applicable.

2. Do not include North Carolina sales tax in Bid figure; however, the sales tax should be added to the invoice as a separate item.

3. A copy of the manufacturer's and Contractors Standard Warranty must be included with the Bid form.

4. Bidding Alternatives:

Description Lump Sum Bid

Injecting Geotechnical Polyurethane Grout

Total Bid Amount _________________________

Contractor___________________________

License

No. ________________________________

Signature____________________________

Date _____________________________

BID FORM BF-

THIS PAGE INTENTIONALLY LEFT BLANK

BID BOND BB-1

Rock Springs Rd Pipe Rehabilitation Project

BID BOND

KNOW ALL MEN BY THESE PRESENTS: that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto as OWNER in the penal sum of for payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns.

Signed, this day of , 202 .

The Condition of the above obligation is such that whereas the Principal has submitted to a certain BID, attached hereto and hereby made a part hereof to enter into a contract in writing, for the

NOW, THEREFORE,

(a) If said BID shall be rejected, or

(b) If said BID shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said BID) and shall furnish a BOND for his faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said BID, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its BOND shall be in no way impaired or affected by any extension of the time within which the OWNER may accept such BID; and said Surety does hereby waive notice of any such extension.

BID BOND BB-2

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

(L.S.)

Principal

Surety

By:

IMPORTANT - Surety companies executing BONDS must appear on the Treasury Department's most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located.

NONCOLLUSION AFFIDAVIT OF PRIME BIDDER NCA-1

ATTACH TO BID ATTACH TO BID ATTACH TO BID ATTACH TO BID

NONCOLLUSION AFFIDAVIT OF PRIME BIDDER

State of ( )

County of ( )

, being first duly sworn, deposes and says that:

(1) He is of , the Bidder that has submitted the attached Bid.

(2) He is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

(3) Such Bid is genuine and is not a collusive or sham Bid;

(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees of parties in interest, including this affiant, has in any way colluded, conspired, connived, or agreed, (directly or indirectly) with any other Bidder, firm, or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted or to refrain from bidding in connection with such Contract, or has in any manner, directly or indirectly, sought by agreement, or collusion, or communication, or conference with any other Bidder, firm, or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit or cost element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against the City of Greenville or any person interested in the proposed Contract; and

(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

(Contractor Signature)

(Title)

Subscribed and sworn to before me this day of , 202 .

Signature of Notary Public

My commission expires .

NONCOLLUSION AFFIDAVIT OF PRIME BIDDER NCA-2

Agreement A-1

AGREEMENT

THIS AGREEMENT is dated as of the day of in the year 202 by and between the

City of Greenville, NC (hereinafter called OWNER) and (hereinafter called

CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows:

Article 1. WORK.

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. If not specified in the contract, please reference NCDOT standards. The Work is generally described as follows:

ROCK SPRING RD PIPE REHABILITATION Project

Article 2. PUBLIC WORKS DIRECTOR.

The Project has been designed by the City of Greenville, Public Works Department, who is hereinafter called PUBLIC WORKS DIRECTOR and who is to act as OWNER'S representative, assume all duties and responsibilities and have the rights and authority assigned to PUBLIC WORKS DIRECTOR in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents.

Once the Notice of Award has been issued, the OWNER may assume all or part of the responsibilities of the PUBLIC WORKS DIRECTOR and RESIDENT PROJECT REPRESENTATIVE.

Article 3. CONTRACT TIMES.

3.1 The Work will be completed and ready for final payment in accordance with paragraph 14.07 of the General Conditions within the times specified below:

Total Base Contract Completion Time – 60 Calendar Days

The Contract Times shall commence to run as provided in paragraph 2.03 of the General Conditions.

3.2 Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this Agreement and the OWNER will suffer financial loss if the Work is not completed within the times specified in the BID, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. They also recognize the delays, expense and difficulties involved in proving the actual loss suffered by OWNER if the Work is not completed on time. Accordingly, instead of requiring any such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as a penalty) CONTRACTOR shall pay OWNER INSERT AMOUNT Dollars ($640) for each day that expires after the time specified in paragraph 3.1.

Article 4. CONTRACT PRICE.

Agreement A-2

OWNER shall pay CONTRACTOR for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to paragraphs 4.1 and 4.2 below:

4.1 For all Work other than Unit Price Work, a Lump Sum as shown in the BID.

All specific cash allowances are included in the BID and have been computed in accordance with paragraph 11.02 of the General Conditions.

4.2 For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the

BID.

As provided in paragraph 11.03 of the General Conditions estimated quantities are not guaranteed, and determinations of actual quantities and classification are to be made by PUBLIC WORKS DIRECTOR as provided in paragraph 9.08 of the General Conditions. Unit prices have been computed as provided in paragraph

11.03 of the General Conditions.

Article 5. PAYMENT PROCEDURES.

5.1 Applications for Payment by the CONTRACTOR, processing of same by the PUBLIC WORKS DIRECTOR and OWNER, and associated retainage shall be as set forth in the Standard Special Provisions.

Article 6. INTEREST.

Pursuant to paragraph 143-134.1, General Statutes of North Carolina, the balance due prime Contractors shall be paid in full within 45 days after respective prime contracts have been accepted by Public Works Director and Owner, or occupied by Owner and used for the purpose for which the project was constructed, whichever occurs first. Provided, however, that whenever Public Works Director determines that delay in completion of the project in accordance with terms of the Drawings and Specifications is the fault of Contractor, the project may be occupied and used for the purposes for which it was constructed without payment of any interest on amounts withheld past the 45 day limit. No payment shall be delayed because of the failure of another prime Contractor on such project to complete his contract. Should final payment to any prime Contractor beyond the date such contracts have been declared to be completed by Public Works Director, accepted by Owner, or occupied by Owner and used for the purposes for which the project was constructed, be delayed by more than 45 days, said prime Contractor shall be paid interest, beginning on the 46th day, at the rate of twelve percent per annum on such unpaid balance as may be due. Where a conditional acceptance of a contract exists, and where Owner is retaining a reasonable sum pending correction of such conditions, interest on such reasonable sum shall not apply.

Article 7. CONTRACTOR'S REPRESENTATIONS.

In order to induce OWNER to enter into this Agreement CONTRACTOR makes the following representations:

7.1 CONTRACTOR has examined and carefully studied the Contract Documents (including the Addenda listed in paragraph 8) and the other related data identified in the Bidding Documents including "technical data."

Agreement A-3

7.2 CONTRACTOR has visited the site and become familiar with and is satisfied as to the general, local and site conditions that may affect cost, progress, performance or furnishing of the Work.

7.3 CONTRACTOR is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress, performance and furnishing of the Work.

7.4 CONTRACTOR has carefully studied all reports…