4646-23 Beaumont Ave Sidewalk Specifications Certified for Bid09232025.pdf

CONTRACT DOCUMENTS

FOR PROJECT #4646-23

BEAUMONT AVENUE SIDEWALK

CITY OF BURLINGTON

BURLINGTON, NORTH CAROLINA

MR. JAMES BUTLER, MAYOR

MR. HAROLD OWEN, MAYOR PRO TEM

COUNCIL MEMBERS

MS. DEJUANA BIGELOW

MR. RONNIE WALL

MR. BOB WARD

ENGINEERING DEPARTMENT

AMY L. RATLIFF, CITY ENGINEERING DIRECTOR

SEPTEMBER 2025

09/23/2025

TABLE OF CONTENTS BEAUMONT AVE. SIDEWALK

SEPTEMBER 2025 PROJECT #4646-23

TABLE OF CONTENTS

INTRODUCTORY INFORMATION

Table of Contents

PROCUREMENT REQUIREMENTS

C-111 Advertisement for Bids C-200 Instructions to Bidders C-410 Bid Form – Unit Price Bidder Checklist

CONTRACTING REQUIREMENTS

C-520 Agreement between Owner and Contractor C-700 Standard General Conditions of the Construction Contract Contract Form of Submittals Addenda

TECHNICAL SPECIFICATIONS

Section Title

011000 Summary 012000 Measurement and Payment 012600 Contract Modification Procedures 012900 Payment Procedures 013100 Project Management and Coordination 013200 Construction Progress Documentation 013300 Submittal Procedures 013500 Special Provisions 014000 Quality Requirements 014200 References 015000 Temporary Facilities and Controls 016000 Product Requirements 017300 Execution 017419 Construction Waste Management and Disposal 017700 Closeout Procedures 017839 Project Record Documents ---------- City of Burlington Engineering Specifications

Note: All of the City of Burlington Engineering Standard Details are located on City of Burlington website.

TABLE OF CONTENTS BEAUMONT AVE. SIDEWALK

LIST OF APPENDICES

Appendix A – CDBG Documents

LIST OF DRAWINGS

Sheet No. Sheet Name

4646-23-S1 OVERALL SITE PLAN

4646-23-D1 COB STANDARD DETAILS

-END OF SECTION-

ADDENDA BEAUMONT AVE SIDEWALK

ADDENDA

ADDENDUM NUMBER [ENTER NUMBER]

DATE: ____________________

PROJECT: BEAUMONT AVENUE SIDEWALK

PROJECT NUMBER: 4646-23

OWNER: CITY OF BURLINGTON

TO: ___________________

This Addendum forms a part of the Contract Documents and modifies the Bidding Documents dated ________, Addendum Number ________ issued ________, with amendments and additions noted herein below.

Acknowledge receipt of this Addendum in the space provided in the Bid form. Failure to do so may disqualify the Bidder.

This Addendum consists of ________ pages:

CHANGES TO THE SPECIFICATIONS:

1. .

CHANGES TO THE DRAWINGS:

1. DRAWING -

-END OF DOCUMENT-

BIDDER CHECKLIST BEAUMONT AVE SIDEWALK

BIDDER CHECKLIST

This checklist shall be included as the first page of the submitted bidding documents. As outlined in Instructions to Bidders:

BID FORMS, including:

A. Executed Bid Form

B.

Certified List of Equipment/Material Manufacturers and Subcontractors/Suppliers

C. Certification Affidavit

D. Bid Certification

E. Contractor Experience

F. Qualifications of Bidders

G. Appropriate Bid Form Signature Page

H. Proposal Signature Page

I. Contractor’s Affidavit of Organization and Authority

J. Non-Collusion Affidavit of Bidder*

K. Equal Employment Opportunity Certification

L. Acknowledgement for Equal Employment Opportunity Certification

M. Bidder’s North Carolina General Contractor’s License

M/WBE Forms, including:

N. Identification of Minority Business Participation

O. Affidavit A or B**

*Within five (5) day of bid opening, Contractor shall file a Non-Collusion Affidavit for Sub- Contractors.

**After bid opening, the Contractor shall file Affidavits C or D within 72 hours of being informed of low bid.

ADVERTISEMENT OF BIDS BEAUMONT AVE SIDEWALK

ADVERTISEMENT FOR BIDS

CITY OF BURLINGTON

BURLINGTON, NORTH CAROLINA

BEAUMONT AVENUE SIDEWALK

General Notice

City of Burlington (Owner) is requesting Bids for the construction of the following Project:

BEAUMONT AVENUE SIDEWALK

PROJECT #4646-23

Bids for the construction of the Project will be received at the City of Burlington Municipal Building in the Engineering Conference Room located at 425 S. Lexington Ave, Burlington, NC, until Tuesday, October 14, 2025 at 1:00 PM local time. At that time, the Bids received will be opened and read.

The Project Description is as follows:

• The work area is located on S. Beaumont Ave. between N. Church St. and Bowman Ave.

• Approximately 100-SY of concrete sidewalk, including ADA ramps, and 200-LF combined of varying types of curbing and curb and gutter.

• Miscellaneous stone, grading, asphalt paving, site restoration and seeding.

• Traffic Control per City of Burlington standard specifications and details.

• This project is funded by CDBG funds.

Bids are requested for the following Contract: Beaumont Avenue Sidewalk Project #4646-23

Obtaining the Bidding Documents

Beginning on Tuesday, September 23, 2025, the Bid Documents for the Project can be obtained by visiting https://www.bidnetdirect.com/north-carolina/cityofburlingtonnc or by contacting Brad Barber at engrdept@burlingtonnc.gov. All official notifications and addenda will be offered through the City of Burlington website. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources other than the directly from Brad Barber or the City of Burlington website.

Pre-bid Conference

There will be no pre-bid conference.

Instructions to Bidders

Each Bidder shall be licensed under Chapter 87 of the North Carolina General Statutes. Bidders are notified that “An Act to Regulate the Practice of General Contracting,” was ratified by the General Assembly of North Carolina on March 10, 1925, and that this Act and subsequent Amendments, will be observed in receiving and awarding Contracts.

Each bidder is required to submit a Non-Collusion Affidavit pursuant to Section 133-30 of the General Statutes of North Carolina.

ADVERTISEMENT OF BIDS BEAUMONT AVE SIDEWALK

To ensure that all Bidders are kept up to date on any Addenda, changes, or information notices, please send an e-mail to: engrdept@burlingtonnc.gov indicating your intention to prepare a Bid for the Project.

Failure to complete this step may render your Bid as non-responsive.

Each Bidder is advised that the Work may be inspected and supervised by an Engineer or firm under the direction of City of Burlington. The Engineer or firm may also be involved in the identification of specific repair areas and the proposed method of repairs for the Work.

City of Burlington requires the Project to be at Substantial Completion by December 15, 2025 and Final Completion by December 31, 2025. Notice To Proceed (NTP) is anticipated to be issued by November 1, 2025.

No Bid shall be considered or accepted unless at the time of its filing the same shall be accompanied by a deposit of a certified or cashier's check drawn on a bank or trust company insured by the Federal Deposit Insurance Corporation (FDIC), in an amount equal to five percent (5%) of the amount of the Bid.

The check shall be made payable to City of Burlington. Said deposit shall guarantee that the Contract will be entered into by the successful Bidder if the Award is made. Such deposit of certified or cashier's check may be held by City of Burlington until the successful Bidder has executed and delivered the Contract Documents, including performance and payment bond, to City of Burlington and returned or kept in accordance with North Carolina General Statute 143-129.

In lieu of the certified or cashier’s check deposit mentioned above, the Bidder may file a Bid Bond in the same amount executed by a corporate surety authorized to execute such bonds in North Carolina and conditioned as provided by North Carolina General Statute 143 129 and on the form(s) found in the Proposal section, or on file with the Engineer. Bid Bond forms enclosed as part of the Bidding Documents must be properly executed at the time Bids are submitted before a Bid will be considered.

Properly executed Power of Attorney of the corporate surety's agent shall accompany such bond and be attached to the page provided therefore in the Bidding Documents.

Bids shall be submitted under a condition of irrevocability, except as required by law, for a period of or one hundred twenty (120) calendar days after the Bid opening.

City of Burlington reserves the right to accept or reject any or all Bids, to waive any and all informalities, and to disregard all nonconforming or conditional Bids or counter Bids, and to accept the Bid that will be in the best interest of City of Burlington.

For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents.

This Advertisement is issued by:

Owner: City of Burlington By: Amy L. Ratliff, PE Title: City Engineering Director Date: September 23, 2025 mailto:engrdept@burlingtonnc.gov

INSTRUCTIONS TO BIDDERS BEAUMONT AVE SIDEWALK

TOC PAGE 1 OF 1

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Subcontractors, Suppliers, and Others

Article 12— Preparation of Bid

Article 13— Basis of Bid

Article 14— Submittal of Bid

Article 15— Modification and Withdrawal of Bid

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Signing of Agreement

Article 21— Sales and Use Taxes

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.

B. Engineer—the Owner’s designated representative, which may be a consultant or a City of Burlington Department, such as the Engineering Department, or an employee of City of Burlington.

C. Successful Bidder—the lowest, qualified, responsive and responsible Bidder to whom Owner (on the basis of Owner’s evaluation as hereinafter provided) makes an Award.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are made available for the sole purpose of obtaining Bids for completion of the Project and permission to download or distribution of the Bidding Documents does not confer a license or grant permission or authorization for any other use. Authorization to download documents, or other distribution, includes the right for plan holders to print documents solely for their use, and the use of their prospective Subcontractors and Suppliers, provided the plan holder pays all costs associated with printing or reproduction. Printed documents may not be re-sold under any circumstances.

2.03 The Bid Documents for the Project can be obtained by visiting https://www.bidnetdirect.com/north-carolina/cityofburlingtonnc or contacting Brad Barber at engrdept@burlingtonnc.gov. All official notifications and addenda will be offered through the City of Burlington website. Neither Owner nor Engineer will be responsible for Bidding Documents, including addenda, if any, obtained from sources other than the directly from Brad Barber or the City of Burlington website.

2.04 Bidder may register as a plan holder and obtain complete sets of Bidding Documents, in the number and format stated in the Advertisement or invitation to bid, from the Issuing Office.

Bidders may rely that sets of Bidding Documents obtained from the Issuing Office are complete, unless an omission is blatant. Registered plan holders will receive Addenda issued by Owner.

2.05 NOT USED

2.06 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.

https://www.bidnetdirect.com/north-carolina/cityofburlingtonnc

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader Version. 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 2.06.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 To demonstrate Bidder’s qualifications to perform the Work, the Bidder shall demonstrate the ability to complete a majority of all portions of the Contract using equipment and personnel owned and employed by the Bidder. The Bidder shall include the following information in the Bid:

A. The number of years the Bidder has been regularly engaged in similar Contract municipal work and a list of projects they have completed with their equipment and personnel.

B. A list of the Bidder's personnel experienced to do the Work including the Superintendent to be in charge of the Work, including the length of their experience with this type of municipal work.

C. A list of the Bidder's equipment in good condition and suitable for completion of the Contract.

D. That the Bidder will have available to do the Work at the proper time or times, adequate equipment and facilities listing such equipment and facilities in such detail that they can be quickly and accurately checked.

E. That the Bidder has ample repair parts and supplies to maintain all equipment and facilities properly and with a minimum of delay.

F. If the Bidder is a corporation, the names of all corporate officers and the name of the executive who will give their personal attention to the Work.

G. Detailed financial information relating to the resources of the Bidder.

H. The Bidder shall perform Work amounting to at least 60% of the Contract, using its own personnel and equipment (owned or rented). No portion of the Contract shall be sublet, assigned, or otherwise disposed of without with the expressed written consent of City of Burlington. If the Bidder fails to demonstrate to City of Burlington in its Bid submittal information that it has the ability to perform the specified percentage of the Work with its own personnel and equipment, its Bid may be considered non-responsive. The Bidder shall submit with its Bid, data supporting its ability to comply with this requirement.

3.02 Bidder is to submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work:

A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments.

B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract.

C. Bidder’s state or other contractor license number, if applicable.

D. Subcontractor and Supplier qualification information.

E. Other required information regarding qualifications.

3.03 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.04 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

ARTICLE 4—PRE-BID CONFERENCE

4.01 NOT USED

4.02 NOT USED

4.03 A mandatory pre-bid conference will be held at the time and location indicated in the Advertisement or invitation to bid. Representatives of Owner and Engineer will be present to discuss the Project. Proposals will not be accepted from Bidders who do not attend the conference. It is each Bidder’s responsibility to sign in at the pre-bid conference to verify its participation. Bidders must sign in using the name of the organization that will be submitting a Bid. A list of qualified Bidders that attended the pre-bid conference and are eligible to submit a Bid for this Project will be issued in an Addendum.

4.04 Information presented at the pre-Bid conference does not alter the Contract Documents. Owner will issue Addenda to make any changes to the Contract Documents that result from discussions at the pre-Bid conference. Information presented, and statements made at the pre-bid conference will not be binding or legally effective unless incorporated in an Addendum.

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. By definition, the Site includes rights-of-way, easements, and other lands furnished by Owner for the use of the Contractor. Any additional lands required for temporary construction facilities, construction equipment, or storage of materials and equipment, and any access needed for such additional lands, are to be obtained and paid for by Contractor.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.

c. Reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

3. If the Supplementary Conditions do not identify Technical Data, the default definition of Technical Data set forth in Article 1 of the General Conditions will apply.

4. Geotechnical Baseline Report/Geotechnical Data Report: The Bidding Documents contain a Geotechnical Data Report (GDR).

a. As set forth in the Supplementary Conditions, the GDR is a Contract Document containing data prepared by or for the Owner.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

5.03 NOT USED

5.04 Site Visit and Testing by Bidders

A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site.

B. Bidders visiting the Site are required to arrange their own transportation to the Site.

C. Unless otherwise indicated in the Bid Documents, Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

D. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Owner will not have any obligation to grant such access if doing so is not practical because of existing operations, security or safety concerns, or restraints on Owner’s authority regarding the Site. Bidder is responsible for establishing access needed to reach specific selected test sites.

E. Bidder must comply with all applicable Laws and Regulations regarding excavation and location of utilities, obtain all permits, and comply with all terms and conditions established by Owner or by property owners or other entities controlling the Site with respect to schedule, access, existing operations, security, liability insurance, and applicable safety programs.

F. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

5.05 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions.

5.06 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents.

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing. Contact information and submittal procedures for such questions are as follows:

A. Bidders are to submit questions via email to Brad Barber at engrdept@burlingtonnc.gov.

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. The deadline for submitting questions is 5:00pm on Friday, October 3, 2025.

7.04 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five (5%) percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) and in the form of a Bid bond issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions. Such Bid bond will be issued in the form included in the Bidding Documents. No Bid shall be considered or accepted unless at the time of its filing the same shall be accompanied by a Bid security. Said Bid security shall guarantee that the Contract shall be entered into by the successful Bidder if the Award is made.

8.02 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 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, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults. The Bid Bond shall be executed by a corporate surety authorized to execute such bonds in North Carolina and conditioned as provided by North Carolina General Statute 143-129 and in the Bid Bond form found in the Proposal section, or on file with the Engineer. Bid Bond forms shall be properly executed at the time Bids are submitted before Bid will be considered.

Properly executed Power of Attorney of the corporate surety's agent shall accompany such Bid Bond and be attached to the page provided therefore in the Contract Documents.

8.03 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of 7 days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

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

ARTICLE 9—CONTRACT TIMES

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

9.02 Bidder must set forth in the Bid the time by which Bidder must achieve Substantial Completion, subject to the restrictions established in Paragraph 13.07 of these Instructions. The Owner will take Bidder’s time commitment regarding Substantial Completion into consideration during the evaluation of Bids, and it will be necessary for the apparent Successful Bidder to satisfy Owner that it will be able to achieve Substantial Completion within the time such Bidder has designated in the Bid. The Successful Bidder’s time commitments will be entered into the Agreement or incorporated in the Agreement by reference to the specific terms of the Bid.

9.03 Provisions for liquidated damages, if any, for failure to timely attain a Milestone, Substantial Completion, or completion of the Work in readiness for final payment, are set forth in the Agreement.

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration during the bidding and Contract award process of possible substitute or “or-equal” items. In cases in which the Contract allows the Contractor to request that Engineer authorize the use of a substitute or “or-equal” item of material or equipment, application for such acceptance may not be made to and will not be considered by Engineer until after the Effective Date of the Contract.

10.02 The Contract for the Work, as awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute or materials and equipment subsequently approved by Engineer prior to the submittal of Bids and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer within 10 days of the issuance of the Advertisement for Bids or invitation to Bidders. Each such request must comply with the requirements of Paragraphs 7.05 and 7.06 of the General Conditions, and the review of the request will be governed by the principles in those paragraphs. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all registered Bidders.

Bidders cannot rely upon approvals made in any other manner.

10.03 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” or substitution requests are made at Bidder’s sole risk.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 A Bidder must be prepared to retain specific Subcontractors and Suppliers for the performance of the Work if required to do so by the Bidding Documents or in the Specifications. If a prospective Bidder objects to retaining any such Subcontractor or Supplier and the concern is not relieved by an Addendum, then the prospective Bidder should refrain from submitting a Bid.

11.02 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work within five days after Bid opening: (none required)

11.03 Article 7 of the General Conditions and/or the Proposal section, 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 (5) 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 must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

11.04 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors and Suppliers.

Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.07 of the General Conditions.

11.05 A Non-Collusion Affidavit Form for all Subcontractors shall be filed with City of Burlington within five (5) days after the Bid opening.

11.06 The City of Burlington reserves the right to reject a proposed Subcontractor for reasonable cause.

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

C. Bidder shall follow and included a completed copy of “Bidder Checklist” as the cover page of the submitted Bid Documents.

D. The omission of prices for any item on the Bid Form, or the tendering of any unbalanced Bid, as determined by Owner, may be the cause for the rejection of the submitted Bid.

E. The estimated quantities contained on the Bid Form are for the purpose of comparing Bids.

While the quantities are close approximations, they are not guaranteed. Payment will be made on the basis of the Work as actually executed at the unit prices set forth in the executed Agreement and under the provisions of such Agreement.

F. There shall be no additional compensation to the Bidder for materials, equipment, or Work that is incidental to the successful completion of the Contract. Incidental costs include the costs inherent to the complete installation of those individual items included on the Bid Form. For example, those costs associated with temporary electrical services, surveying, staking, deliveries and storage are incidental to the Project, and no additional payment will be made unless specifically indicated in the Bidding Documents.

G. Item values on the Bid Form shall be given as numerals (i.e. $33,000.00) and in writing (i.e.

Thirty-three thousand and no/100’s dollars).

H. PROPOSALS SHALL NOT BE CONDITIONAL, LIMITED, OR RESTRICTED IN ANY WAY.

12.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

12.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

12.04 A Bid by a partnership must 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 must be shown.

12.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

12.06 A Bid by an individual must show the Bidder’s name and official address.

12.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

12.08 All names must be printed in ink below the signatures.

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

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

12.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

12.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

ARTICLE 13—BASIS OF BID

13.01 NOT USED

13.02 NOT USED

13.03 Unit Price

A. Bidders must submit a Bid on a unit price basis for each item of Work listed in the unit price section of the Bid Form.

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity”, which Owner or its representative has set forth in the Bid Form, for the item and the corresponding “Bid Unit Price” offered by the Bidder. The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. 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. The Bid Price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Article 13 of the General Conditions.

E. Bid prices will be compared after adjusting for differences in the time designated by Bidders for Substantial Completion. The adjusting amount will be determined at the rate set forth in the Contract Documents as Liquidated Damages for failing to achieve Substantial Completion and/or Final Completion for each and every day after the time allowed, as set forth in the Agreement.

13.04 Allowances

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

ARTICLE 14—SUBMITTAL OF BID

14.01 Bidders shall be solely responsible for delivery of Bids in the required manner and time.

14.02 No Bid shall be accepted or considered unless the complete set of required and executed documents is included with the Bidder’s submittal.

14.03 The Bidding Documents include one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 2 of the Bid Form.

14.04 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must be enclosed in a plainly marked package with the Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must 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 must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid must be addressed to the location designated in the Advertisement.

14.05 Bids received after the date and time prescribed for the opening of bids or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

14.06 Each Bid shall include Non-Collusion Affidavits for the Bidder. Affidavits for all Subcontractors of the apparent Successful Bidder, and those Bidders requested by City of Burlington, must be filed within five (5) days after the Bid opening. Blank Non-Collusion Affidavit Forms can be found in the Proposal section.

14.07 A Bid shall be received no later than the date and time prescribed and at the place indicated in the Section 00 11 16 - Advertisement for Bids, and shall be enclosed in an opaque sealed envelope plainly marked with the following information:

Project No.: 4646-23

Project Name: BEAUMONT AVENUE SIDEWALK

Name of Bidder: ____________________

Address of Bidder: ____________________

Phone Number of Bidder: ____________________

Contact Person for Bidder: ____________________

Phone Number of Contact: ____________________

Bidder’s North Carolina General Contractor’s License Number: __________

The above-name Bidder has enclosed, and checked as appropriate, the following items in the Bid (check all):

________ Bid Form

________ M/WBE Forms

________ Non-Collusion Affidavit of Bidder

________ Bid Security

________ List of Bidder’s Equipment and Personnel

14.08 Incorrect information, incomplete information, or irregularities on the Bid envelope may be cause for a Bid to be declared invalid or non-responsive. Invalid or non-responsive Bids will not be opened.

14.09 If a Bid is sent by US Mail it should be registered mail. The sealed envelope containing the Bid shall be enclosed in a separate mailing/delivery envelope plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to:

Amy Ratliff City Engineering Director City of Burlington PO Box 1358 Burlington, NC 27216

If a Bid is sent by air/ground special delivery, express delivery, etc. (e.g. FEDEX, UPS, etc.) shall be marked as indicated above and should be addressed to:

Amy Ratliff City Engineering Director City of Burlington 425 S. Lexington Avenue Burlington, NC 27214

Mark envelope with the Project title and number in the lower left-hand corner. Bids sent by mail or express air/ground delivery and arriving after the time for opening of Bids shall not be considered as valid Bids. SPECIAL NOTE: If the Bidder chooses delivery of the Bid by means other than in person, neither Owner nor the Engineer assumes responsibility for delivery to the Bid Opening. In such instances, the Bidder shall have no claim against Owner or Engineer.

14.10 Bids that are unsigned, improperly signed or sealed, conditional, illegible, obscure, contain arithmetical errors, erasures, alterations, or irregularities of any kind, may be declared unacceptable at Owner’s sole discretion.

14.11 Bid Forms, appendices, and enclosures which are improperly prepared may be declared unacceptable at Owner’s sole discretion.

14.12 Failure to provide security deposit, bonds, or insurance requirements will invalidate the Bid and therefore be considered non-responsive at Owner’s sole discretion.

ARTICLE 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 An unopened Bid may be 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 prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

15.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.

15.03 No Bidder may withdraw a Bid after Bid opening and prior to the conclusion to the period of time stated in the Bid Form except to the extent, if any, that may be required by law. Negligence on the part of the Bidder in preparing its Bid confers no right for the withdrawal of the Bid, after it has been opened.

ARTICLE 16—OPENING OF BIDS

16.01 Bids will be opened at the time and place indicated in the advertisement or invitation to bid 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.

16.02 NOT USED

ARTICLE 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 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 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

18.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work.

18.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

18.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive.

18.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid.

18.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether 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.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner will announce to all bidders a “Base Bid plus alternates” budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority established in the Bid Form, until doing so would cause the budget to be exceeded. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award.

C. For determination of the apparent low Bidder(s) when sectional bids are submitted, Bids will be compared on the basis of the aggregate of the Bids for separate sections and the Bids for combined sections that result in the lowest total amount for all of the Work.

D. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

E. Bid prices will be compared after adjusting for differences in time of Substantial Completion (total number of calendar days to substantially complete the Work) designated by Bidders.

The adjusting amount will be determined at the rate set forth in the Agreement for liquidated damages for failing to achieve Substantial Completion, or such other amount that Owner has designated in the Bid Form.

1. The method for calculating the lowest bid for comparison will be the summation of the Bid price shown in the Bid Form plus the product of the Bidder-specified time of Substantial Completion in calendar days times the rate for liquidated damages in dollars per day.

2. This procedure is only used to determine the lowest bid for comparison and contractor selection purposes. The Contract Price for compensation and payment purposes remains the Bid price shown in the Bid Form.

18.06 In evaluating whether a Bidder is responsible, the Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

18.07 Owner may conduct such investigations as the Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

18.08 If the Contract is to be Awarded, the Owner will award the Contract to the Bidder whose Bid is determined by the Owner to be in the best interest of the Project.

18.09 Notice of Award or notice of intent to Award will not constitute a Contract binding on the Owner and will not obligate the Owner to enter into a Contract with the Bidder. The Owner will not be legally bound before the Owner executes and delivers to the Bidder a written Contract.

ARTICLE 19—BONDS AND INSURANCE

19.01 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, other required bonds (if any), and insurance.