274-PRCR-Rothgeb-2025-R.pdf

Request for Proposals #: 274-PRCR-Rothgeb-2025-R

Title: Rothgeb Streambank Stabilization Project

Issue Date: April 14, 2025 Due Date: April 23, 2025, no later than 11AM EST

Issuing Department:

Parks, Recreation and Cultural Resources

• LATE PROPOSALS WILL NOT BE ACCEPTED

Direct all inquiries concerning this RFQ to:

David P Bender, Capital Projects Manager

Email: david.bender@raleighnc.gov 919-996-4798 mailto:david.bender@raleighnc.gov

PROJECT MANUAL

FOR THE

ROTHGEB STREAMBANK STABILIZATION

PROJECT NO. 274-PRCR-ROTHGEB-2025-R

OWNER:

CITY OF RALEIGH, NORTH CAROLINA

03/07/2025

Cory S. Anderson

CITY OF RALEIGH

PROJECT NAME: ROTHGEB STREAMBANK STABILIZATION PROJECT

DATE OF ADVERTISING: April 14, 2025

DATE OF PRE-BID CONFERENCE: na

DATE OF BID OPENING: April 23, 2025 11am

COMPLETION TIME: 180 calendar days

Cory S. Anderson

NAME OF BIDDER:

NAME OF CONTACT PERSON

ADDRESS:

PH. NO.:

Email Address:

NC. LICENSE NO.:

BID DEPOSIT 5%:

TOTAL BID:

MWBE PERCENTAGE:

CONTRACTOR SIGNATURE:

ADDENDUM RECEIVED: Check the Addendum You Received

1.

2.

3.

4.

City of Raleigh 00010-5 Table of Contents

TABLE OF CONTENTS

Document Title 00010 Table of Contents

BIDDING REQUIREMENTS

00100 Advertisement for Bids 00200 Instruction to Bidders 00409 Bidder's Checklist 00410 Bid Form 00430 Bid Bond 00440 Information for Bidders Regarding Compliance with the City of Raleigh's MWBE

Program

• Non-Discrimination Agreement

• Use of Certified MWBE Businesses

• Identification of Certified MWBE Participation

• Affidavit A - Listing of Good Faith Effort

• Affidavit B - Intent to Perform Contract with Own Workforce

• Affidavit C - Portion of the Work to be Performed by Certified MWBE

Businesses

• Affidavit D - Good Faith Effort

• Affidavit E - Certified Subcontractor Payment Form

• Request to Change a Certified MWBE Subcontractor

00441 Contractor's Certificates: Affidavit of Organization and Authority and Sworn

Statement 00442 City of Raleigh Contractor's Poor Performance Policy 00443 Non-Collusive Affadavit 00444 Notice to Contractor Regarding Intrusion Beyond Project Limits

CONTRACT REQUIREMENTS

00510 Notice of Award 00520 Agreement between Owner and Contractor for Construction Contract 00550 Notice to Proceed 00610 Performance Bond 00615 Payment Bond 00617 Affidavit 00618 Page for Attaching Certificate of Insurance 00620 Contractor's Application for Payment 00625 Certificate of Substantial Completion 00634 Page for Attaching Power of Attorney 00700 Standard General Conditions of the Construction Contract (EJCDC, 2018) 00800 Supplementary Conditions 00805 Procedures for Reporting NC Sales Tax Expenditures on City of Raleigh

Contracts

City of Raleigh 00010-6 Table of Contents

Document Title

00810 Rules Implementing Mediated Settlement Conferences in NC Public Construction Projects 00940 Work Change Directive(s) 00941 Change Order(s) 00942 Field Order(s) 01000 Project Technical Specifications

END OF DOCUMENT

City of Raleigh 00100-7 Advertisement for Bids

ADVERTISEMENT FOR BIDS

POSTED: [April 14, 2025]

CITY BID NUMBER: [274-PRCR-ROTHGEB-2025-R]

Project: Rothgeb Streambank Stabilization Location: Crabtree Creek Trail near Rothgeb Park Department/Division: Parks, Recreation and Cultural Resources Department/PDC Project Manager: David Bender, (919) 996-4798, David.bender@raleighnc.gov

Engineer: Cory Anderson, PE, CFM, Stantec, cory.anderson@stantec.com

Sealed Bids will be received by the City of Raleigh, Parks, Recreation and Cultural Resources Department at 222 W. Hargett Street, Room 609, (6th floor) Raleigh NC 27601, on April 23, 2025 at 11am and immediately thereafter publicly opened and read aloud for the furnishing of labor, material and equipment for the Rothgeb Drive Streambank Stabilization Project #274-PRCR- Rothgeb-2025-R.

After Bids are opened, the Owner shall evaluate them in accordance with the methods and criteria set forth in the Instructions to Bidders. The Owner/City Council reserves the right to waive any informality or to reject any or all Bids. Unless all Bids are rejected, Award will be made to the lowest responsible and responsive Bidder, taking into consideration quality, performance and the time specified in the Bid Form for the performance of the Contract.

No Non-Mandatory Pre-Bid Meeting for all contractors, sub-contractors, minority and woman owned businesses will be held.

Requirements for pre-bid submittals of an "or-equal" are required within [10] days of the issuance of the Advertisement for Bids and in accordance with Section 00200, Instructions to Bidders.

The project is located along the Crabtree Creek Trail at Rothgeb Park: the project site can be entered at Crabtree Creek Greenway Trailhead between Greenway MM 9 ¼ and MM 9 ½ from Rothgeb Drive.

The project consists of the streambank stabilization. The stabilization includes installation of wood toe with soil lifts along approximately 100 linear feet of Crabtree Creek. The site will be revegetated with trees, shrubs, and seeding. The contractor will be responsible for providing necessary erosion and sediment control as well as traffic control.

Email questions to: Cory Anderson, PE, CFM, Stantec, cory.anderson@stantec.com

Complete bidding documents may be reviewed online and obtained from Accent Imaging at 8121 Brownleigh Drive, Raleigh, NC 27617, (919)782-3332, or at www.accentimaging.com. Hard copy and soft copy contract documents can be purchased from Accent Imaging for a nonrefundable fee of Eighty Dollars ($80.00) plus sales tax and Forty Dollars ($40,00) plus tax for Soft Copy Only.. For additional information please contact David Bender at the Parks, Recreation & Cultural Resources Department, by email David.bender@raleighnc.gov or contact Parks, Recreation & Cultural Resources Department, by calling (919)996-4798.

With each request for Bidding Documents supply the following information: Company name, contact person, street address, phone number, and email address for Bidding point of contact; N.C. contractor's license with limitation and classification; indicate if the firm will be a Prime bidder, Supplier or Sub- Contractor.

Bidders will be required to show evidence that they are licensed to perform the work in the Bidding Documents as required by North Carolina General Statute, Chapter 87 and the Instruction to Bidders.

Bid Security in the amount of five percent (5%) of the Bid must accompany each Bid and shall be subject to mailto:David.bender@raleighnc.gov mailto:cory.anderson@stantec.com mailto:cory.anderson@stantec.com http://www.accentimaging.com/ mailto:David.bender@raleighnc.gov

City of Raleigh 00100-8 Advertisement for Bids the conditions provided in the Instruction to Bidders.

Pursuant to General Statutes of North Carolina Sections 143-128.2 and 143-131, and in accordance with City policy, the City of Raleigh encourages and provides equal opportunity for certified Minority and Woman- Owned Business Enterprise (MWBE) businesses to participate in all aspects of the City's contracting and procurement programs to include Professional Services; Goods and Other Services; and Construction. The prime contractor will be required to identify participation of MWBE businesses in their Bid, and how that participation will be achieved.

Furthermore, the City's goal is to contract or sub-contract fifteen percent (15%) of the contract amount to certified MWBEs on construction projects over $300,000, or with contracts that include $100,000 or more in state funding.

City of Raleigh Janet Cowell, Mayor

City of Raleigh 00200-9 Instruction to Bidders

TABLE OF ARTICLES

INSTRUCTIONS TO BIDDERS

Page

Article 1 - Defined Terms Article 2 - Copies of Bidding Documents Article 3 - Qualifications of Bidders Article 4 - Examination of Bidding Documents, Other Related Data, and Site Article 5 - Pre-Bid Conference Article 6 - Site and Other Areas Article 7 - Interpretations and Addenda Article 8 - Bid Security Article 9 - Contract Times Article 10 - Liquidated Damages Article 11 - "Or-Equal" Items Article 12 - Subcontractors, Suppliers and Others Article 13 - Preparation of Bid Article 14 - Basis of Bid; Comparison of Bids Article 15 - Submittal of Bid Article 16 - Modification and Withdrawal of Bid Article 17 - Opening of Bids Article 18 - Bids to Remain Subject to Acceptance Article 19 - Evaluation of Bids and Award of Contract Article 20 - Contract Security and Insurance Article 21 - Signing of Agreement Article 22 - Sales and Use Tax

City of Raleigh 00200-10 Instruction to Bidders

ARTICLE 1 - DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office - The office from which the Bidding Documents are to be issued and which registers plan holders.

ARTICLE 2 - COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement For Bids may be obtained by registering with the Issuing Office as identified in the advertisement.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

2.04 Plan rooms (including construction information subscription services, and electronic and virtual plan rooms) may distribute the Bidding Documents, or make them available for examination.

Those prospective bidders that obtain an electronic (digital) copy of the Bidding Documents from a plan room are encouraged to register as plan holders from the Bidding Documents Website or Issuing Office. Owner is not responsible for omissions in Bidding Documents or other documents obtained from plan rooms, or for a Bidder's failure to obtain Addenda from a plan room.

2.05 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader. It is the intent of the Engineer and Owner that such Electronic Documents are to be exactly representative of the paper copies of the documents.

However, because the Owner and Engineer cannot totally control the transmission and receipt of Electronic Documents nor the Contractor's means of reproduction of such documents, the Owner and Engineer cannot and do not guarantee that Electronic Documents and reproductions prepared from those versions are identical in every manner to the paper copies.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.05.A above.

However, Bidder assumes all risks associated with differences arising from transmission/receipt of Electronic Documents versions of Bidding Documents and reproductions prepared from those versions and, further, assumes all risks, costs, and responsibility associated with use of the Electronic Documents versions to derive information that is not explicitly contained in printed paper versions of the documents, and for Bidder's reliance upon such derived information.

ARTICLE 3 - QUALIFICATIONS OF BIDDERS

3.01 Bidders are notified that relevant Articles of Chapter 87 of the General Statutes of North Carolina, will be observed in receiving and awarding contracts. Bidders for this Project must be properly

City of Raleigh 00200-11 Instruction to Bidders licensed for the Work.

3.02 To demonstrate Bidder's qualifications to perform the Work prior to award, within 5 days of Owner's request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be called for below.

A. Evidence of Bidder's authority to do business in the state where the Project is located.

B. Bidder's state contractor license number.

C. Official name of Bidder and length of time the organization has been in business under present name.

D. Address, phone and fax numbers of main place of business. Address and phone numbers of company office that will manage the Project if different than above.

E. Officers of the company. Name and resume of designated project manager and field superintendent. Number of regular employees of the organization.

F. Latest financial statement showing assets and liabilities of the company.

G. Name and home office address of the Surety proposed and the name and address of the responsible local claim agent.

H. Listing of completed projects of similar size and type in the last 5 years. Provide name and phone number of project owner representative.

I. Existing work commitments.

J. List of work to be subcontracted. Name and addresses of subcontractors.

K. Names and addresses of major material Suppliers.

L. Statement that bidder is capable of completing the project within the stated time.

M. Safety record of company for the last 5 years showing any violations, etc.

N. List of all claims/resolutions/final judgements for the last 10 years.

O. Failure or refusal to furnish information requested shall constitute a basis for disqualification of Bidder and the withholding of the Bid Bond.

3.03 The apparent Low Bidder shall submit within 72 hours of the Bid Date the following Affidavits:

A. Affidavit C, Portion of the Work to be Performed by Certified MWBE Businesses.

B. Affidavit D, Good Faith Efforts.

C. Failure or refusal to furnish information requested shall constitute a basis for disqualification of Bidder and the withholding of the Bid Bond.

City of Raleigh 00200-12 Instruction to Bidders

3.04 Bidder is advised to carefully review those portions of the Bid Form requiring Bidder's representations and certifications.

ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

4.01 Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

1. Those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to the Site.

2. Those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 5.03 of the General Conditions has been identified and established in Paragraph

5.03 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.02 Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

4.03 Hazardous Environmental Condition

A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a Hazardous Environmental Condition identified at the Site.

B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request. Those reports and drawings are not part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 5.06 of the General Conditions has been identified and established in Paragraph

5.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any "technical data" or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions, and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions.

Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work, appear in Paragraph 5.06 of the General Conditions.

City of Raleigh 00200-13 Instruction to Bidders

4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.06 Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other 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 contemplated by these Bidding Documents. 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 other work.

4.07 Paragraph 7.13.G of the General Conditions indicates that if an Owner safety program exists, it will be noted in the Supplementary Conditions.

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

A. Examine and carefully study the Bidding Documents, and the other related data identified in the Bidding Documents, including any Addenda;

B. Visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. Become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. Carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in Paragraph

5.03 of the Supplementary Conditions as containing reliable Technical Data, and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in the Paragraph 5.06 of the Supplementary Conditions as containing reliable Technical Data;

E. Consider the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site;

the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific sequences of construction expressly required by the Bidding Documents; and (3) Bidder's safety precautions and programs;

F. Agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

G. Become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

City of Raleigh 00200-14 Instruction to Bidders

H. Promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and

I. Determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

J. The site shall be inspected only in the company of an authorized representative of the Owner with appointments made through the Owner's project representative. The representative's contact information for this project is David Bender, (919) 996-4798, David.bender@raleighnc.gov .

4.09 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 Bidding Documents and applying any specific sequences of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 - PRE-BID CONFERENCE

5.01 No Non-Mandatory Pre-Bid Meeting for all contractors, sub-contractors, minority and woman owned businesses will be held.

ARTICLE 6 - SITE AND OTHER AREAS

The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents.

The Owner has obtained the temporary easements shown for construction and limited staging and laydown area as indicated on the Drawings; however, 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 Contractor with agreements being in writing and a copy of the agreement provided to the City. All permits, regulatory approvals and fees associated with obtaining the additional area shall be the full responsibility of the Contractor.

ARTICLE 7 - INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing only. Interpretations or clarifications considered necessary by Engineer, in response to such questions, will be issued by Addenda to all plan holders registered with the Issuing Office. Questions received less than [7] working days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other in mailto:David.bender@raleighnc.gov

City of Raleigh 00200-15 Instruction to Bidders terpretations or clarifications will be without legal effect. Engineer's email address is cory.anderson@stantec.com.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

7.03 Submittal with questions shall include the project name, City Bid Number, the person's name submitting the question, firm, telephone number, and email address.

7.04 Addenda, when issued, will be on file at the offices of the Owner and Engineer and the NC Interactive Purchasing System (IPS) at least [24] hours before Bids are opened. It shall be the Bidder's responsibility to make inquiry as to the Addenda issued. All such Addenda shall become part of the Contract Documents and all Bidders shall be bound by such Addenda, whether or not received by the Bidders.

ARTICLE 8 - BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder's maximum Bid price (determined by adding the base bid and all alternatives) and in the form of a certified check, bank money order, or a Bid Bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 6.01 of the General Conditions.

8.02 The Bid security of the Successful Bidder will be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner's exclusive remedy if Bidder defaults. 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 7 days after the Effective Date of the Agreement or the end of the Bid holding period, whereupon Bid security furnished by such Bidders will be returned.

8.03 Bid security of other Bidders whom Owner believes do not have a reasonable chance of receiving the award will be returned within 7 days after the Bid opening.

ARTICLE 9 - CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be substantially completed, ready for final payment, and Milestones (if any) are set forth in Section 00520, Agreement.

ARTICLE 10 - LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages, if any, are set forth in Section 00520, Agreement.

ARTICLE 11 - "OR-EQUAL" ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, or those "or-equal" materials and equipment approved by Engineer and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function and quality to be met by any proposed "or-equal" item. No item of material or equipment will be considered by Engineer as an "or-equal" unless mailto:cory.anderson@stantec.com

City of Raleigh 00200-16 Instruction to Bidders written request for approval has been submitted by Bidder and has been received by Engineer within [10] days of the issuance of the Advertisement for Bids or invitation to Bidders. Each such request shall conform to the requirements of Paragraph 7.05 and 7.06 of the General Conditions and related Supplementary Conditions. The burden of proof of the merit of the proposed item is upon Bidder.

Engineer's decision of approval or disapproval of a proposed item will be final. If Engineer approves any proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

Applications for review of "or-equals" materials or equipment shall be by Bidders only.

11.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of "or-equal" requests are made at Bidder's sole risk.

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS AND OTHERS

12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the 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, individuals, or entities 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, individual, or entity if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid.

12.02 If apparent Successful Bidder declines to make any such substitution, Owner may declare the Bid as non-responsive and award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 7.07 of the General Conditions.

12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

12.04 The Contractor shall not award work to Subcontractor(s) in excess of the limits stated in Supplementary Conditions 7.07.

ARTICLE 13 - PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from the Issuing Office. To bid the project the Bidder should be registered with the Issuing Office.

13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be

City of Raleigh 00200-17 Instruction to Bidders indicated for each item listed therein. In the case of optional alternatives the words "No Bid," "No Change," or "Not Applicable" may be entered. Bid forms shall not be conditional, limited, or restricted in any way.

13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice- president or other corporate officer accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown.

13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership shall be shown.

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm shall be shown.

13.06 A Bid by an individual shall show the Bidder's name and official address.

13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown.

13.08 All names shall be printed in ink below the signatures.

13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid shall be shown.

13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in the state where the Project is located. Bidder's state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS

14.01 Lump Sum

A. When the Bid Form is set up for Lump Sum bidding, Bidders shall submit a Bid on a lump sum basis as set forth in the Bid Form.

B. When the Bid Form includes Alternate(s), Bidders shall submit a Bid on a lump sum basis for the base Bid and include a separate price for each alternate described in the Bidding Documents as provided for in the Bid Form. The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate.

C. In the comparison of Bids, alternatives will be applied in the same order of priority as listed in the Bid Form to the extent that project funds are available.

14.02 Unit Price

A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid schedule.

City of Raleigh 00200-18 Instruction to Bidders

B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

C. 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.

D. When the Bid Form includes Alternate(s), Bidder shall submit a Bid on a unit price basis for the base Bid and include a separate price for each alternate described in the Bidding Documents as provided for in the Bid Form. The price for each alternate will be the amount added to or deleted from the base Bid if Owner selects the alternate.

E. In the comparison of Bids, alternatives will be applied in the same order of priority as listed in the Bid Form to the extent that project funds are available.

14.03 Allowances

A. When the Bid Form includes cash allowances, the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions.

ARTICLE 15 - SUBMITTAL OF BID

15.01 The Owner, at the location and time indicated in the Advertisement for Bids, will receive sealed Bids. Bids received after the indicated time and date shall not be considered.

15.02 With each copy of the Bidding Documents, a Bidder may be furnished one separate unbound copy of the Bid Form and the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and all attachments as outlined in Article 8 of the Bid Form. The complete list of required bid documents can also be found in the attached Bidder's Checklist. The completed checklist shall be the first page of all bids submitted.

15.03 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement For Bids and shall be enclosed in a plainly marked package with the Project title, City Bid Number, and project name as applicable, the name and address of Bidder, and shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to David Bender, City of Raleigh, Parks and Recreation Department, 222 West Hargett Street, Raleigh, NC, 27601.

15.04 The Bidder shall be fully responsible for timely delivery at the location designated for receipt of the Bids.

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted

City of Raleigh 00200-19 Instruction to Bidders prior to the date and time for the opening of Bids. Modifications shall indicate only the amount to be added to or deducted from the Bidder's Bid amount as submitted on the Bid Form.

16.02 No bid may be withdrawn after the Bid opening for a period of time as indicated in the Bid Form except in accordance with the provisions of N.C. General Statutes 143-129.1.

ARTICLE 17 - OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the Advertisement For Bids and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. 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 when the lowest responsible Bid is in excess of the funds available.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

19.03 In evaluating Bids, Owner will consider 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.

19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and other individuals or entities must be submitted as provided in the Supplementary Conditions.

19.05 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the Contract Documents.

19.06 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the best interests of the Project.

19.07 In determining the lowest responsible Bidder, Owner may take into consideration the past performance of Bidder on construction contracts with particular concern given to completion

City of Raleigh 00200-20 Instruction to Bidders times, quality of work, safety record, cooperation with other contractors, and cooperation with owner.

19.08 In determining the responsive Bidder, Owner shall take into consideration bidder's compliance with the requirements of G.S. 143-128.2(c). Failure of the low bidder to furnish affidavit(s) and documentation as required by the Bid Form for compliance with G.S. 143-128.2(c) may constitute a basis for disqualification of the Bid.

19.09 Owner reserves the right to reject Bid as non-responsible if the evidence submitted by, or investigation of, such Bidder fails to satisfy Owner that such Bidder is properly qualified to carry out the obligations of the Agreement and to complete the Work described therein.

19.10 Should the Owner adjudge that the apparent low Bidder is not the lowest responsible Bidder by virtue of the above information, said apparent low Bidder will be so notified and his Bid security shall be returned.

19.11 If the Contract is to be awarded, the Owner reserves the right to award contracts to the lowest responsive, responsible bidder in the manner described above.

ARTICLE 20 - CONTRACT SECURITY AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner's requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such bonds.

ARTICLE 21 - SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement along with the other Contract Documents which are identified in the Agreement as attached thereto. Within 15 consecutive calendar days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to Owner. Within 90 consecutive calendar days thereafter, Owner shall deliver one fully signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate identification.

21.02 In case of failure of Owner to execute the Agreement in the appropriate time, Bidder shall have the right to withdraw bid.

21.03 In case of failure of Bidder to execute the Agreement, Owner may at his option consider the Bidder in default, in which case Bid security accompanying Bid shall be retained by the Owner.

21.04 Applicable laws, ordinances, and the rules and regulations of authorities having jurisdiction over construction of the Project shall apply to the contract throughout.

ARTICLE 22 - SALES AND USE TAX

22.01 The Owner is exempt from sales and use taxes on materials and equipment to be incorporated in the Work. Said taxes shall not be included in the Bid. Refer to Paragraph 7.10 of the Supplementary Conditions for additional information.

City of Raleigh 00409-1 Bidder's Checklist

BIDDER'S CHECKLIST

This checklist shall be included as the first page of the submitted bidding documents. As outlined in Article 7 of the Bid Form section, the following items shall be included with the fully executed Section 00410 Bid Form:

A. Required Bid security in the form of a Bid Bond (EJCDC No. C-430) or Certified Check (circle type of security provided); Bid Bond shall include an executed Power of Attorney.

B.1. Acknowledgement of MWBE Policy

B.2. Identification of Certified MWBE Participation

B.3. Affidavit A, Listing of Good Faith Effort; or Affidavit B, Intent to Perform Contract with Own Workforce

C. Contractor's Certificates, Affidavit of Organization and Authority of Sworn Statement

D. City of Raleigh - Contractor's Poor Performance Policy

E. Non-Collusive Affidavit

F. Notice to Contractor Regarding Intrusions Beyond Project Limits

G. Evidence of authority to do business in the state of the Project (i.e., copy of contractor's license)

City of Raleigh 00410-1 Bid Form

BID FORM

PROJECT: Rothgeb Streambank Stabilization

BID NO.: 274-PR- Rothgeb-2025-R

BID FROM:

TABLE OF CONTENTS

Page Article 1 - Bid Recipient

Article 2 - Bidder's Acknowledgements

Article 3 - Bidder's Representations

Article 4 - Bidder's Certification

Article 5 - Basis of Bid

Article 6 - Time of Completion

Article 7 - Attachments to This Bid

Article 8 - Defined Terms

Article 9 - Bid Submittal

ARTICLE 1 - BID RECIPIENT

1.01 This Bid is submitted to:

David Bender City of Raleigh, PDC Department 222 W. Hargett Street, Room 303 Raleigh, North Carolina 27601

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents.

ARTICLE 2 - BIDDER'S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 120 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

City of Raleigh 00410-2 Bid Form

ARTICLE 3 - BIDDER'S REPRESENTATIONS

3.01 In submitting this bid, bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged:

No. , dated No. , dated No. , dated No. , dated No. , dated

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, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work.

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in Supplemental Conditions - 5.02 as containing reliable Technical Data, and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in SC-5.06 as containing reliable Technical Data.

E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific sequences of construction expressly required by the Bidding Documents;

and (3) Bidder's safety precautions and programs.

F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents.

H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

I. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

City of Raleigh 00410-3 Bid Form

ARTICLE 4 - BIDDER'S CERTIFICATION

4.01 Bidder certifies that:

A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation;

1. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

2. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

3. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.A:

a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

d. coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5 - BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following price(s):

A. For 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 Schedule below.

THIS AREA INTENTIONALLY LEFT BLANK

City of Raleigh 00410-4 Bid Form

UNIT PRICE BID SCHEDULE

Item No. Description

Unit Estimated Quantity

Bid Unit Price

Extended Bid Price

1 Mobilization (5%) LS 1

2 Traffic Control and Signage LS 1

3 Construction Permit Allowance LS 1 na na

4 Temporary Silt/Tree Protection Fence LF 1415

5 Temporary Construction Entrance EA 1

6 Temporary Erosion Control Wattle LF 175

7 Tree Armour LS 1

8 Dewatering LS 1

9 Clearing and Grubbing

AC

0.2

10 Regular Excavation (Cut to Fill) CY 241

11 Regular Excavation (Cut to Haul) CY 105

12 Wood Toe LF 75

13 Soil Lifts with Live Branch Layering LF 420

14 Class II Riprap TN 8

15 Class I Riprap TN 4

16 Class B riprap TN 6

17 Topsoil with Soil Amendments CY 17

18 Coir Fiber Matting, 700 g/m2 SY 155

19 Temporary Seeding AC 0.2