Addendum 2.pdf

Invitation for Bid No. 2025-045

Downtown Waxhaw Cast-Iron Watermain Replacement

ADDENDUM No. 2 ISSUE DATE: May 16, 2025

Responding Bidders on this project are hereby notified that this Addendum shall be made a part of the above named IFB document.

The following items add to, modify, and/or clarify the IFB documents and shall have the full force and effect of the original Documents. This Addendum shall be acknowledged by the Offeror in the IFB document.

Union County, North Carolina IFB 2025-045, Downtown Waxhaw Cast-Iron Watermain Replacement, Addendum #2

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Union County, NC

Downtown Waxhaw Cast-Iron Watermain

Project Number: WT124

ADDENDUM #2 Bid Form Update

ISSUED DATE: May 16, 2025

RE-BID DATE: May 20, 2025 at 2:00 PM

TO ALL BIDDERS:

This Addendum is issued pursuant to the Conditions of the Solicitation and is hereby made part of the Contract Documents. The addendum serves to clarify, revise, and supersede information in the IFB. The Bidder shall acknowledge receipt of this Addendum in the appropriate space on the Bid Form. Failure to do so may subject the Bidder to disqualification. A list of attachments is part of this document.

Through additional review, Union County has added two (2) additional Bid items (Line 27: Pavement Replacement (NCDOT & TOW Maintained Roadways) and Line 28: Milling & Paving 2” Asphalt Surface

Course (NCDOT & TOW Maintained Roadways) which are now included in bid documents as IFB 2025-045 Addendum 2, Downtown Waxhaw Cast-Iron Watermain Replacement. The date for receipt of bids for this project, per Addendum 1 shall remain May 20, 2025, at 2:00 PM local time at the Union County Government Center, 500 N. Main Street, Room 709, Monroe, NC.

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

Below are changes, additions, and/or clarifications to the bid documents for this project.

Specifications

Item 1: Section EJCDC C-410, Bid Form for Construction Contracts – Remove and replace this

Section in its entirety with the attached revised Section EJCDC C-410, Bid Form for

Construction Contracts. Changes include:

1. Bid Form updated with New line item 27 and New line item 28.

Item 2: Technical Specifications Section 01025.1.04 Measurement and Payment – Remove and replace this Section in its entirety with the attached revised Technical Specifications

Section 01025.1.04 Measurement and Payment. Changes include:

1. Inclusion of Revised Item “U” (Pavement Replacement).

2. Inclusion of Revised Item “V” (Milling & Paving 2” Asphalt Surface Course).

3. Revision of Item “AA” (Milling & Paving NC-75 per NCDOT Standards).

Item 3: EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for

Construction Contract – Remove and replace this Section in its entirety with the attached revised EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract. Changes include:

1. Revised Section 4.02; Substantial Completion and Final Completion Durations.

Questions:

1. Can you provide us with the engineers estimate for the project?

Answer: Engineers estimate is not available at this time.

2. When do you expect the project to begin / notice to proceed?

Answer: Bidder shall refer to Contract Documents.

3. Can you provide any additional contract time?

Answer: See Addendum #2, Specifications Section, Item #3

4. The only bid item for asphalt is item number 28 which is for drives/roads. The quantity for this item is 75 LF. There are several lines in the road and the footage of asphalt replacement is well over 1,000 LF. Can you take a look at this and let me know if we are supposed to be including asphalt somewhere else or if I am missing something?

Answer: See Addendum #2, Specifications Section, Item #1 & #2.

This addendum and all associated specifications sections and revised Contract Documents will be uploaded to the online plan room and distributed to registered plan holders via email.

Receipt of this addendum must be acknowledged on Page 1 of EJCDC C-410 – Bid Form.

Sincerely, Nathaniel Grove, P.E.

Project Manager Union County Government

END OF ADDENDUM #2

EJCDC® C-410, Bid Form for Construction Contracts.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page i

BID FORM

UNION COUNTY WATER

UNION COUNTY, NORTH CAROLINA

DOWNTOWN WAXHAW CAST-IRON WATERMAIN REPLACEMENT

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

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

Corey Brooks, Procurement Specialist Union County Procurement Division 500 N. Main Street, Suite 709 Monroe, NC 28112 704-283-3683 Email: Corey.brooks@unioncountync.gov

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 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda:

Addendum No. Addendum, Date

B. Bidder has visited the Site, conducted a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfied itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and has satisfied itself 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 adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings.

mailto:Corey.brooks@unioncountync.gov

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2

E. Bidder has considered the information known to Bidder itself; 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 any 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; and (3) Bidder’s safety precautions and programs.

F. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price 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 confirms that 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 and furnishing of the Work.

J. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

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;

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

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

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

1. “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;

2. “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;

3. “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

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3

4. “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 e 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):

WAXHAW DOWNTOWN WATER IMPROVEMENTS

BASE BID SCHEDULE

Item No.

Description Unit Estimated Quantity

Bid Unit Price

Bid Price

1 Mobilization (not to exceed 2% of Total Bid) LS 1

2 Cash Allowance for Materials Testing LS 1 $5,000

3 Abandon Existing Water Mains & Valve Boxes LS 1

4 Subgrade Stabilization Stone TN 50

5 Tie-in Using Fittings or Sleeves EA 17

6 Abandon Vaults & All Appurtenances (C-05) LS 1

7 Tie-in Using Tapping Sleeve & Valve EA 4

8 Tie-in at Existing Fire Hydrant Leg EA 7

9 2” Water Main (PVC) LF 558

10 6” Water Main (RJ DIP) LF 6069

11 8” Water Main (RJ DIP) LF 1215

12 12” Water Main (RJ DIP) LF 113

13 2” Gate Valve EA 12

14 6” Gate Valve EA 33

15 8” Gate Valve EA 6

16 12” Gate Valve EA 2

17 2” Blow-off Assembly EA 6

18 Fire Hydrant Assembly EA 10

19 16” Steel Casing Pipe (Bored) LF 100

20 16” Steel Casing Pipe (Open Cut) LF 50

Trenchless Road/Driveway crossings (6” WM &

8” WM)

EA 8

22 Punch/Free Bore (2” Water Main) EA 1

23 Water Service Connection Assemblies EA 3

24 2” Water Service Line EA 1

25 ¾ IN Copper Service Lines (Long Side) EA 50

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4

WAXHAW DOWNTOWN WATER IMPROVEMENTS

BASE BID SCHEDULE

Item No.

Description Unit Estimated Quantity

Bid Unit Price

Bid Price

26 ¾ IN Copper Service Lines (Short Side) EA 47

Pavement Replacement (NCDOT & TOW Maintained Roadways):

LF 2750

Milling & Paving 2” Asphalt Surface Course (NCDOT & TOW Maintained Roadways):

SY 1400

29 Driveway/Roadway Replacement - Gravel LF 75

30 Driveway/Roadway Replacement - Asphalt LF 75

31 Driveway/Roadway Replacement - Concrete SY 100

32 Sidewalk Repair – Concrete/Asphalt SY 150

Milling & Paving NC-75 per NCDOT Standards

SY 160

Excavate Remove Pavement, Backfill and Asphalt repair Per C-04

LS 1

35 Erosion & Sediment Control LS 1

36 Erosion & Sediment Control Maintenance LS 1

37 Traffic Control – All LS 1

38 Road Painting & Stripping - All LS 1

39 Contingency Allowance LS 1 $30,000

Demobilization (not to exceed 2% of Total Bid)

LS 1

TOTAL

BID

TOTAL BID

(in words)

(in words)

Bidder acknowledges that (1) each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and (2) estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5

ARTICLE 6 – TIME OF COMPLETION

6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 14.07 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages.

ARTICLE 7 – ATTACHMENTS TO THIS BID

7.01 The following documents are submitted with and made a condition of this Bid:

A. Required Bid security;

B. Evidence of authority to do business in North Carolina; or a written covenant to obtain such license within the time for acceptance of Bids;

C. Contractor’s License No.: _________ _

ARTICLE 8 – DEFINED TERMS

8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6

ARTICLE 9 – BID SUBMITTAL

BIDDER: [Indicate correct name of bidding entity]

By:

[Signature]

[Printed name]

(If Bidder is a corporation, a limited liability company, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest:

[Signature]

[Printed name]

Title:

Submittal Date:

Address for giving notices:

Telephone Number:

Fax Number:

Contact Name and e-mail address:

Bidder’s License No.:

(where applicable)

WT124 UNION COUNTY, NORTH CAROLINA MARCH 2024

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SECTION 01025

MEASUREMENT AND PAYMENT

TABLE OF CONTENTS

ARTICLE TITLE PAGE

1.1 SUMMARY 1

1.2 GENERAL 1

1.3 ESTIMATED QUANTITIES 1

1.4 MEASUREMENT AND PAYMENT 1

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SECTION 01025 1

MEASUREMENT AND PAYMENT 2

PART 1 — GENERAL 3

1.1 SUMMARY 4

A. This section covers methods of measurement and payment for items of work under the Bid 5 Schedule. 6

1.2 GENERAL 7

A. The total bid price shall cover all work required by the Contract Documents. All costs in 8 connection with the proper and successful completion of the work, including furnishing all 9 materials, equipment, supplies, and appurtenances; providing all construction plans, equipment, 10 and tools; and performing all necessary labor and supervision to fully complete the Work, shall be 11 included in the unit and lump sum prices bid. All Work not specifically set forth as to pay item in 12 the bid Form shall be considered subsidiary obligations of the Contractor, and all costs in 13 connection therewith shall be included in the prices bid. 14

1.3 ESTIMATED QUANTITIES 15

A. All estimated quantities stipulated in the Bid Form or other Contract Documents are approximate 16 and are to be used only (a) as a basis for estimating the probable cost of the Work, and (b) for the 17 purpose of comparing the bids submitted for the Work. The actual amounts of work done and 18 materials furnished under unit price items may differ from the estimated quantities. The basis of 19 payment for work and materials will be the actual amount of work done and materials furnished. 20 The Contractor agrees that he will make no claim for damages, anticipated profits, or otherwise 21 on account of any difference between the amounts of work actually performed and materials 22 actually furnished and the estimated amounts therefore. 23

B. Except where otherwise specified, the unit or lump sum bid prices for each item of work, which 24 involves excavation or trenching, shall include all costs for such work. No direct payment shall be 25 made for excavation or trenching unless shown elsewhere. 26

1.4 MEASUREMENT AND PAYMENT 27

A. Mobilization: 28

1. The lump sum bid for mobilization shall include all costs for bonds, insurance, permits, 29 establishing a field office, moving construction equipment to the site and other necessary but 30 “nonscheduled” work. Mobilization shall not exceed 2 percent of the total Bid. To be paid in 31 one payment. 32

B. Cash Allowance for Materials Testing: 33

1. Contractor shall pay testing costs from cash allowance in the Project Bid for inspections and 34 tests, which pass specification requirements. Tests to be performed by an Owner-selected 35 independent laboratory for: 36

a. Subgrade preparation and soil compaction testing. 37

b. Concrete testing. 38

c. Pavement materials and construction. 39

C. Abandon Existing Water Mains & Valve Boxes: 40

1. The lump sum bid for water main abandonment shall include all costs to plug tee or water 41 main, close valves and remove valve boxes or fill valve boxes with lean concrete or asphalt, 42 dismantle fire hydrant assemblies and deliver all removed hydrants to Union County 43 Operations at 4600 Goldmine Road, Monroe, NC 28112. 44

D. Subgrade Stabilization Stone: 45

1. Measurement for payment for stone for trench stabilization materials shall be the unit price 46 per ton stated in the Bid. Payment shall be made for stone only when its use is directed by 47 the Owner/Engineer. 48

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2. The bid price shall include proper disposal of unsuitable material, furnishing, hauling, 1 placing, and compacting Class 67 stone or approved equal, as directed by the 2 Owner/Engineer. 3

3. No extra payment shall be made for work not authorized by the Owner/Engineer or for stone 4 required by other bid items. 5

E. Tie-in Using Fittings or Sleeves to Existing Waterlines: 6

1. The measurement for payment for the tie-ins to the existing water lines shall be a lump sum 7 price stated for each tie-in shown and scheduled. 8

2. The lump sum price shall include furnishing and installing all pipe; fittings; specials; blocking 9 or restrained joints; excavation (including exploratory excavation and backfilling); shoring; 10 protection of existing utilities; and all other related and necessary materials, work, and 11 equipment required to provide an operable connection in accordance with the Contract 12 Documents. Coordinate tie-ins with Union County on-site representative and protect the 13 existing water supply. 14

F. Abandon Vaults & All Appurtenances (Drawing C-05): 15

1. The measurement for payment for the abandonment of all vaults and appurtenances noted on 16 Drawing C-05 shall be a lump sum price. 17

2. The lump sum price shall include excavation and demolition efforts; backfilling to grade; 18 shoring as required; protection of existing utilities; disposal of removed, abandoned or other 19 items off site and all other related and necessary materials, work, and equipment required to 20 provide a final level cleared area in accordance with the Contract Documents. 12” Water 21 Line tie-ins are paid under separate pay items for all work and shall be coordinated with 22 Union County on-site representative to protect the existing water supply. 23

G. Tie-in Using Tapping Sleeve & Valve Existing Waterlines: 24

1. The measurement for payment for the tie-ins to the existing water lines shall be a lump sum 25 price stated for each tie-in shown and scheduled. 26

2. The lump sum price shall include furnishing and installing all pipe; fittings; specials; blocking 27 or restrained joints; excavation (including exploratory excavation and backfilling); shoring; 28 protection of existing utilities; and all other related and necessary materials, work, and 29 equipment required to provide an operable connection in accordance with the Contract 30 Documents. Coordinate tie-ins with Union County on-site representative and protect the 31 existing water supply. 32

H. Tie-in at Existing Fire Hydrant Leg: 33

1. The measurement for payment for fire hydrant connections shall be the actual number of fire 34 hydrant tie-ins completed and shall include 6 IN gate valve, restraining and blocking, and all 35 necessary appurtenant items as specified and shown on the Drawings including barrel 36 extensions for grade adjustment. The cost for the hydrant tee shall be included in the price 37 for the waterline. 38

I. Water Line and Fittings: 39

1. The measurement for payment for waterlines will be actual number of linear feet of pipe 40 installed complete in place, measured horizontally along the centerline of the pipe. 41

2. The unit price bid per linear foot for the construction of the pipeline shall include all of the 42 Contractor’s cost for the complete construction of the waterline, exclusive of items provided 43 for elsewhere in the Bid Form. 44

3. The price bid shall include: 45

a. Clearing and grubbing where required. 46

b. Furnishing, transporting, and installing all pipe, fittings, and materials. 47

c. Furnishing and installing specials including bulkheads and outlets not otherwise provided 48 for in the Bid Form. 49

d. Joints and jointing materials. 50

e. Blocking or restrained joints at fittings 51

f. Bracing, shoring, and sheeting 52

g. Screenings 53

h. All excavation including rock excavation and exploratory excavation. 54

i. Construction of the specified bedding. 55

j. Tracer wire. 56

k. Backfilling (method of backfill and compaction as specified). 57

l. Creek/Drainageway crossings as shown including concrete cap and riprap. 58

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m. Protection and adjusting of aboveground and underground utilities and service 1 connections. 2

n. Disposal of spoil. 3

o. Relocation of existing meter boxes noted for abandonment or relocation. Including 4 service line repair/relocation per plans & specifications. 5

p. Testing. 6

q. Disinfecting and flushing. 7

r. Inspection. 8

s. Restoration to preconstruction conditions including driveway culverts, headwalls, fences, 9 mailboxes, planters, trees, shrubs, etc. 10

t. Seeding. 11

u. All other related and necessary materials, work, and equipment required to construct a 12 complete operable waterline in accordance with the Contract Documents. 13

4. Allowable Trench Width: 14

a. The allowable trench width shall be as specified and/or shown on the Drawings. 15

5. Depth of Pipe: 16

a. Pipe depth shall be as indicated in the Contract Drawings and no individual prices based 17 on “depth of bury” will be included in the Bid. 18

6. Pipe Materials: 19

a. Allowable pipe materials include ductile iron pipe (DIP) or polyvinyl chloride (PVC) in 20 accordance with the general piping schedule. Pipe thickness class shall be as shown or 21 specified. 22

7. Pipe shall be pressure tested, disinfected, and flushed in accordance with Sections 02660 and 23 Section 15060. 24

J. Gate Valves: 25

1. The measurement for payment for valves shall be the actual number installed. Price shall 26 include all materials, labor, tools, equipment, and all work including valve boxes, extensions, 27 protective rings, and excavation and backfilling as required. 28

2. The Bid Price shall include furnishing and installing valves complete with operator and 29 appurtenances. 30

K. Blow Off Assemblies: 31

1. The measurement for payment for blow off assemblies shall be actual number of blow off 32 assemblies installed and shall include MJ plug, 2-inch brass nipple, 2-inch gate valve, 2-inch 33 galvanized blow off pipe, valve boxes and concrete rings, restraining and blocking, and all 34 necessary appurtenant items as specified and shown on the Drawings. 35

L. Fire Hydrants: 36

1. The measurement for payment for fire hydrant connections shall be actual number of fire 37 hydrants installed and shall include 6 IN gate valve, restraining and blocking, and all 38 necessary appurtenant items as specified and shown on the Drawings including barrel 39 extensions for grade adjustment. The cost for the hydrant tee shall be included in the price 40 for the waterline. 41

M. 16” Steel Casing Pipe (Bored): 42

1. Measurement for payment for 16” Bored Casing for water mains under NC-75 per linear foot 43 of casing pipe actually installed conforming to NCDOT specifications and lengths. Payment 44 shall include excavation of launch & receiving pits, casing pipe materials, welding of casing 45 pipe, carrier pipe spiders, grouting, bulk heading, backfilling, and restoration of pits, ditches 46 and culverts to original condition. Unit price for 16” casing bores shall not include 47 installation of the carrier pipe (paid under separate water main payment item). No payment 48 will be made for unsuccessful bore attempts. 49

N. 16” Steel Casing Pipe (Open Cut): 50

1. Measurement for payment for 16” Casing Pipe installed by Open Cut for water mains under 51 NC-75 per linear foot of casing pipe actually installed conforming to NCDOT specifications and 52 lengths. Payment shall include any excavation required, casing pipe materials, welding of 53 casing pipe, carrier pipe spiders, grouting, bulk heading, backfilling. Unit price for 16” 54 casing open cut shall not include installation of the carrier pipe (paid under separate water 55 main payment item). 56

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O. Trenchless Road/Driveway crossings (6” WM & 8” WM): 1

1. Measurement for payment for free bores for 6-inch and 8-inch water mains at paved 2 driveways, drainage culverts and designated tree under-crossings shall be at the actual linear 3 feet of “free-bored” pipe installed. Payment shall include excavation of pits, “free boring” 4 using horizontal bore techniques, backfilling, and restoration of ditches and culverts to 5 original condition. Unit price for free bores shall not include installation of the carrier pipe. 6

2. No payment will be made for unsuccessful free bore attempts. 7

P. Punch/Bores for 2-Inch Water Mains: 8

1. Measurement for payment for punch/bores for 2-inch water mains at paved driveways, 9 drainage culverts, ditches, and designated tree under-crossings shall be at the actual linear 10 feet of punched or bored pipe installed. Payment shall include excavation, installation, 11 punching or boring using horizontal punch or bore techniques, backfilling, and restoration of 12 ditches and culverts to original condition. Unit price for punch/bores shall not include 13 installation of the carrier pipe. 14

2. No payment will be made for unsuccessful punch/bore attempts. 15

Q. Water Service Connection Assemblies: 16

1. The measurement for payment for new water service connection assemblies installed and 17 service line shall be the actual number of assemblies with copper service line installed, 18 complete in place. 19

2. The unit price bid shall include, but not be limited to, notification of property owner, 20 excavation, installation of copper line, service saddle, corporation, connection of service 21 tubing to meter assembly, adjustment of meter box as needed, bends, fittings, and all 22 appurtenances necessary to reconnect and provide an operable service line, backfilling, and 23 restoration of road, ditches, and culverts to original condition. Notification to the on-site 24 Union County representative is required 72hrs in advance so a water meter may be installed 25 by others into yoke and water meter box provided by Contractor under this line item. 26

R. 2” Water Service Line: 27

1. The measurement for payment for new service line shall be the actual number of 2” services 28 installed, complete in place. 29

2. The unit price bid shall include, but not be limited to, notification of property owner, 30 excavation, installation of service line, service saddle, corporation, connection of service 31 pipe to existing meter assembly, adjustment of meter box as needed, bends, fittings, and all 32 appurtenances necessary to reconnect and provide an operable service line, backfilling, and 33 restoration of road, ditches, and culverts to original condition. 34

S. ¾ IN Copper Service Lines (LONG Side): 35

1. The measurement for payment for new service connection and service line shall be the actual 36 number of ¾” Copper Services lines from the water main to the far side of the existing 37 roadway (e.g. “Long Side”) installed, complete in place. 38

2. The unit price bid shall include, but not be limited to, notification of property owner, 39 excavation, installation of copper line, service saddle, corporation, connection of service 40 tubing to existing meter assembly, adjustment of meter box as needed, bends, fittings, and 41 all appurtenances necessary to reconnect and provide an operable service line, backfilling, 42 and restoration of road, ditches, and culverts to original condition. 43

T. ¾ IN Copper Service Lines (SHORT Side): 44

1. The measurement for payment for new service connection and service line shall be the actual 45 number of ¾” Copper Services lines from the water main to the near side of the existing 46 roadway (e.g. “Short Side”) installed, complete in place. 47

2. The unit price bid shall include, but not be limited to, notification of property owner, 48 excavation, installation of copper line, service saddle, corporation, connection of service 49 tubing to existing meter assembly, adjustment of meter box as needed, bends, fittings, and 50 all appurtenances necessary to reconnect and provide an operable service line, backfilling, 51 and restoration of road, ditches, and culverts to original condition. 52

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U. Pavement Replacement (NCDOT & TOW Maintained Roadways): 1

1. The measurement for payment for pavement replacement shall be the actual quantity of 2 linear feet of pavement removed and replaced as measured along the centerline of water 3 pipe installed. The width of pavement removal and replacement shall not exceed the width 4 indicated in the detail on Drawing D-09 for NCDOT & TOW Asphalt Pavement Replacement. 5

2. The unit price shall include saw-cutting of pavement, removal of asphalt materials from the 6 project site, proper installation of aggregate base course (CABC) for trench backfill, and 7 proper installation of bituminous asphalt base course to original grade. 8

3. No extra payment will be made for repair of deficient or unacceptable work. 9

V. Milling & Paving 2” Asphalt Surface Course (NCDOT & TOW Maintained Roadways): 10

1. The measurement for payment for milling and paving 2” asphalt surface course will be the 11 actual quantity of square yards of asphalt surface course removed by milling operations to a 12 depth of 2 inches in accordance with NCDOT Section 607 – Milling Asphalt Pavement, and 13 replaced in accordance with NCDOT Section 610 – Asphalt Concrete Plant Mix Pavements. For 14 milling and paving, the limits of work will be 15 feet or per NCDOT Approved permit 15 requirements (See Permits), whichever is most stringent, on each side of the new water main 16 and the existing edges of roadway pavement. 17

2. Included in the unit price bid item shall be all work necessary to replace roadway to original 18 or better condition per the detail on Drawing D-09 for NCDOT Asphalt Pavement 19 Replacement, including saw-cutting of pavement, removal of milled material from the site, 20 sweeping and cleaning of milled area, application of tack coat, and proper installation of 21 NCDOT surface course to match original roadway grades. Payment for bituminous concrete 22 base course will be paid under Pavement Replacement (NCDOT &TOW Maintained Roadways). 23

3. This line item shall be used exclusively for additional areas as directed by UCW site 24 representative in writing only. 25

W. Driveway Replacement (Gravel): 26

1. Measurement for payment for gravel driveway replacement shall be the actual linear feet of 27 driveway replaced as measured along the water main alignment, regardless of width. 28

2. Included in the unit price bid item shall be subgrade preparation, crushed stone backfill, 29 providing stone equal or similar to existing, grading, and other incidental work to replace 30 driveway to original condition including culvert if culvert is disturbed. 31

3. No extra payment will be made for work included in other lump sum items. 32

X. Driveway Replacement - Asphalt: 33

1. In the event free boring is unsuccessful, measurement for payment for open cut asphalt 34 driveway replacement shall be the actual linear feet of driveway replaced as measured along 35 the water main alignment, regardless of width. For asphalt driveway replacement, the width 36 shall not exceed the width indicated in the trenching details in the plans. 37

2. Included in the unit price bid item shall be all work necessary to replace driveway to original 38 or better condition per details on Drawing D-09, and including culvert replacement if culvert 39 is disturbed 40

Y. Driveway Replacement – Concrete: 41

1. In the event free boring is unsuccessful, measurement for payment for open cut concrete 42 driveway replacement shall be the actual number of square yards of driveway replaced. 43

2. Included in the unit price bid item shall be all work necessary to replace driveway to original 44 or better condition per details on Drawing D-09, and including culvert replacement if culvert 45 is disturbed. 46

Z. Sidewalk, Curb Ramp, and Ditch Replacement: 47

1. Measurement for payment for sidewalk, curb ramp, and ditch replacement shall be the actual 48 number of square yards of sidewalk and ramp removed and replaced, measured along the 49 surface of the completed and accepted work. Such price includes, but is not limited to, 50 excavating and backfilling, saw-cutting the existing sidewalk or concrete ditch, furnishing and 51 placing concrete, constructing and sealing joints, and furnishing and installing truncated 52 domes as shown in the Details. 53

2. Included in the unit price bid item shall be removal and disposal of existing facilities, 54 subgrade preparation, crushed stone backfill, restoration of adjacent areas, and other 55 incidental work to remove and replace sidewalk, ramp, and ditches to original or better 56 condition. 57

3. No extra payment will be made for work included in other lump sum items. 58

01025_add. 2_Asphalt paving add 5.15.25 — 6

AA. Milling & Paving NC-75 per NCDOT Standards (Pavement Replacement NCDOT Maintained 1 Roadways): 2

1. The measurement for payment for milling and paving 2” asphalt surface course will be the 3 actual quantity of square yards of asphalt surface course removed by milling operations to a 4 depth of 2 inches in accordance with NCDOT Section 607 – Milling Asphalt Pavement, and 5 replaced in accordance with NCDOT Section 610 – Asphalt Concrete Plant Mix Pavements. For 6 milling and paving, the limits of work will be 15 feet or per NCDOT Approved permit 7 requirements (See Permits), whichever is most stringent, on each side of the new water main 8 and the existing edges of roadway pavement. 9

2. The unit price shall include saw-cutting of pavement, removal of asphalt materials from the 10 project site, proper installation of aggregate base course (CABC) for trench backfill, and 11 proper installation of bituminous asphalt base course to original grade. 12

3. No extra payment will be made for repair of deficient or unacceptable work. 13

BB. Excavate Remove Pavement, Backfill and Asphalt repair Per Drawing C-04: 14

1. The measurement for payment for saw-cutting, excavating, protecting, backfilling and 15 asphalt pavement repair will be paid on a lump sum basis. 16

2. Included in the unit price bid item shall be all work necessary to barricade, excavate the 17 roadway, expose existing utilities, shore as needed, backfill excavation and repair asphalt 18 pavement as required and indicated. Contractor shall notify Union Co. representative two (2) 19 weeks prior to work start in writing followed by five (5) days before work start in writing. 20 Once existing utilities have been exposed, contractor shall make work area safe and notify 21 Union Co. representative for onsite inspection and direction. Contractor shall plan to protect 22 work area for 48hrs between Union Co. inspection and direction excluding weekends and 23 holidays. 24

CC. Erosion & Sediment Control Measures (ALL): 25

1. The Contractor shall include in the lump sum bid item for all erosion & sediment control 26 measures (including but not limited to BMP’s), the cost of furnishing and installing all 27 measures as shown on the details, approved by the Engineer prior to construction or required 28 by the North Carolina Erosion Control Regulations. 29

2. The Contractor shall include in the lump sum bid item for silt fence the cost of furnishing, 30 installing, the silt fence as shown on the Drawings, approved by the Engineer prior to 31 construction or required by the North Carolina Erosion Control Regulations. 32

3. The Contractor shall include in the lump sum bid item for erosion control matting the cost of 33 furnishing, installing, and maintaining the matting shown, or as required by Owner/Engineer 34 or by N.C. Erosion Control regulations. 35

4. The Contractor shall include in the lump sum bid item for stone check dams the cost of 36 furnishing, installing, and maintaining check dams as shown on the Drawings. 37

5. The price shall include furnishing, installing, as required and removal of all sediment logs and 38 stakes as directed by the Engineer at project completion. 39

6. The Contractor shall include in the lump sum bid item for hardware cloth and gravel inlet 40 protection the cost of furnishing, installing, and maintaining inlet protection as shown on the 41 Drawings. 42

7. No separate payment shall be made for establishment of soil erosion and sediment controls 43 that are shown or constructed within the lump sum bid limits of the creek/drainage crossings. 44

8. No separate payment shall be made for establishment of soil erosion and sediment controls 45 related to reseeding of areas disturbed by construction activities along the pipeline route 46 except as listed in the Bid Form. 47

DD. Erosion & Sediment Control Maintenance: 48

1. The measurement for payment shall be the lump sum bid item for maintenance of all Erosion 49 & Sediment Control measures over the life of the project. 50

2. Payment shall be made incrementally for this bid item on a monthly basis with the Lump Sum 51 amount divided over the active project duration & close-out. 52

EE. Traffic Control (All): 53

1. The measurement for payment for traffic control shall be the lump sum price stated in the 54 Bid Schedule. 55

2. The lump sum price shall include all necessary signage, flagmen, and appurtenant 56 requirements of NCDOT. 57

3. Payment shall be made incrementally for this bid item on a monthly basis with the Lump Sum 58 amount divided over the active project duration & close-out. 59

01025_add. 2_Asphalt paving add 5.15.25 — 7

FF. Road Painting & Stripping (All): 1

1. The measurement for payment for all restoration of existing roadway, curb and sidewalk 2 painting and stripping shall be the lump sum price stated in the Bid Schedule. 3

2. The lump sum price shall include all necessary signage, flagmen, materials, equipment and 4 appurtenant requirements of NCDOT compliant painting of NCDOT and Town of Waxhaw 5 roadway, curb and sidewalks. 6

GG. Contingency Allowance: 7

1. The percentage indicated in the Bid Schedule shall be included in the Total Bid and will be 8 used solely at the Owner’s discretion. Contingency shall be the lump sum price stated in the 9 Bid Form. 10

HH. Demobilization: 11

1. The lump sum bid for demobilization shall include all costs for project close-out, any 12 contractor field office or lay-down area removal, removing construction equipment from the 13 site and other necessary but “nonscheduled” work. Demobilization shall not exceed 2 14 percent of the total Bid. To be paid in one payment. 15

END OF SECTION 17

EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)

Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations. This document has been modified by Owner. Changes are shown in bold text with additions underlined and deletions struck through.

SUGGESTED FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR FOR

CONSTRUCTION CONTRACT (STIPULATED PRICE)

Prepared by

ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

and

Issued and Published Jointly by

AMERICAN COUNCIL OF ENGINEERING COMPANIES

ASSOCIATED GENERAL CONTRACTORS OF AMERICA

AMERICAN SOCIETY OF CIVIL ENGINEERS

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE

A Practice Division of the

NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

Endorsed by

CONSTRUCTION SPECIFICATIONS INSTITUTE

EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)

This Suggested Form of Agreement has been prepared for use with the Standard General Conditions of the Construction Contract (EJCDC C-700, 2007 Edition). Their provisions are interrelated, and a change in one may necessitate a change in the other. The language contained in the Suggested

Instructions to Bidders (EJCDC C-200, 2007 Edition) is also carefully interrelated with the language of this Agreement. Their usage is discussed in the Narrative Guide to the 2007 EJCDC Construction

Documents (EJCDC C-001, 2007 Edition).

Copyright © 2007 National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

Associated General Contractors of America

2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308

(703) 548-3118 www.agc.org

The copyright for this EJCDC document is owned jointly by the four

EJCDC sponsoring organizations and held in trust for their benefit by NSPE.

http://www.nspe.org/ http://www.acec.org/ http://www.asce.org/ http://www.agc.org/

EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)

SUGGESTED FORM OF AGREEMENT

BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

THIS AGREEMENT is by and between UNION COUNTY (“Owner”) and

(“Contractor”).

Owner and Contractor hereby agree as follows:

ARTICLE 1 – WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The

Work is generally described as follows:

Furnish all materials, equipment, and labor for installation of approximately 8,000 linear feet of 2-inch, 6-inch, 8-inch and 12-inch water main and related appurtenances.

ARTICLE 2 – THE PROJECT

2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows:

Union County, North Carolina – Downtown Waxhaw Ductile-Iron Watermain Replacement

ARTICLE 3 – ENGINEER

3.01 The Project has been designed by Union County (Engineer), which is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with the completion of the Work in accordance with the Contract Documents.

ARTICLE 4 – CONTRACT TIMES

4.01 Time of the Essence

A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.

4.02 Days to Achieve Substantial Completion and Final Payment

A. The Work will be substantially completed within 330 days after the date when the Contract

Times commence to run as provided in Paragraph 2.03 of the General Conditions, and completed and ready for final payment in accordance with Paragraph 14.07 of the General

Conditions within 360 days after the date when the Contract Times commence to run.

EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)

4.03 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with

Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by

Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph

4.02 above for Substantial Completion until the Work is substantially complete. After

Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining

Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $500 for each day that expires after the time specified in Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and ready for final payment.

B. In addition to liquidated damages, Contractor shall reimburse Owner all fees and costs paid to or incurred by Engineer in administering the construction of the Project beyond the time specified in Paragraph 4.02 above for Substantial Completion. All fees and costs may be deducted from monies due Contractor for the performance of the Work.

ARTICLE 5 – CONTRACT PRICE

5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract

Documents an amount in current funds equal to the sum of the amounts determined pursuant to

Paragraphs 5.01.A below:

A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the actual quantity of that item: item. Unit

Prices are as specified in Contractor’s Bid. Amounts expended pursuant to this Agreement shall not exceed _______________________________________________ Dollars

($__________) without written amendment hereto duly executed by both parties.

UNIT PRICE WORK

Item

No. Description Unit

Estimated

Quantity

Bid Unit

Price Bid Price

Total of all Bid Prices (Unit Price Work) $

The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities are not guaranteed, and determinations of actual quantities and classifications are to be made by Engineer as provided in Paragraph 9.06 of the General

Conditions.

EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)

ARTICLE 6 – PAYMENT PROCEDURES

6.01 Submittal and Processing of Payments

A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General

Conditions. Applications for Payment will be processed by Engineer as provided in the General

Conditions. Owner shall make payments within thirty (30) days after presentation of the

Application for Payment to Owner by Engineer with Engineer’s recommendation for payment.

6.02 Progress Payments; Retainage

A. Owner shall make monthly progress payments on account of the Contract Price on the basis of

Contractor’s Applications for Payment on or about the day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General

Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements.

1. Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determine or Owner may withhold, including but not limited to liquidated damages, in accordance with Paragraph 14.02 of the General

Conditions.

a. 95% percent of Work completed (with the balance being retainage). If the Work has been 50 percent completed as determined by Engineer, and if the character and progress of the Work have been satisfactory to Owner and Engineer,…