Crabtree.Addendum2.pdf

City of Raleigh 00410-1 Bid Form-REV. Addendum 2

BID FORM

PROJECT: Crabtree Interceptor Phase III Improvements

CITY BID NO.: SPR-0235-2025; WS-2014-54

BID FROM:

TABLE OF CONTENTS

Page

Article 1 Bid Recipient

Article 2

Article 3

Article 4

Article 5 Basis of Bid

Article 6 Time of Completion

Article 7 Attachments to This Bid

Article 8 Defined Terms

Article 9 Bid Submittal

ARTICLE 1 BID RECIPIENT

1.01 This Bid is submitted to:

Matt Cotton City of Raleigh, Public Utilities Department One Exchange Plaza, Suite 620 Raleigh, North Carolina 27601

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

ARTICLE 2

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

City of Raleigh 00410-2 Bid Form-REV. Addendum 2

ARTICLE 3

3.01 In submitting this bid, bidder represents that:

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

No. _________, dated _____________________

No. _________, dated _____________________

No. _________, dated _____________________

No. _________, dated _____________________

No. _________, dated _____________________

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work.

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

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

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

and (3) safety precautions and programs.

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

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

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

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

City of Raleigh 00410-3 Bid Form-REV. Addendum 2

ARTICLE 4

4.01 Bidder certifies that:

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

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

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

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

a. of value likely to influence the action of a public official in the bidding process;

b.

influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;

c.

or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and

d. coercive or their property to influence their participation in the bidding process or affect the execution of the Contract.

ARTICLE 5 BASIS OF BID

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

A. For all Work, other than Unit Price Work, a Lump Sum of:

________________________________________________________________Dollars

B. All specified cash allowances are included in the price(s) set forth above, and have been computed in accordance with Paragraph 13.02 of the General Conditions.

C. Lump Sum for the following Work Items:

1. $

2. $

The Total Contract for the Lump Sum Price of: $

City of Raleigh 00410-4 Bid Form-REV. Addendum 2

D. For the following Alternates in priority order as selected by the Owner for inclusion in the Project as follows:

1. $

2. $

3. $

E. For Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the estimated quantity of that item as indicated in the Bid Schedule below.

THIS AREA INTENTIONALLY LEFT BLANK

City of Raleigh 00410-5 Bid Form-REV. Addendum 2

UNIT PRICE BID SCHEDULE-BIDDERS ARE HEREBY INFORMED TO UTILIZE THE DIGITAL

BID FORM AND COMPLETE. BIDDERS SHALL PRINT A HARD COPY AND ENCLOSE IN

THEIR BID.

City of Raleigh 00410-6 Bid Form-REV. Addendum 2

5.02 Bidders are hereby notified that GS 143-128(d), requires all bidders on single prime projects to identify on their Bid form the contractors they have selected for the subdivisions for branches of work for (1) HVAC, (2) Plumbing, (3) Electrical, and (4) General. Accordingly, bidder shall list below self-performed).

HVAC _____________________________________ ________________________

Name License No.

Plumbing ____________________________________ ________________________

Name License No.

Electrical ____________________________________ ________________________

Name License No.

General _____________________________________ ________________________

Name License No.

A. Unit Prices have been computed in accordance with Paragraph 13.03.B of the General Conditions.

B. Bidder acknowledges that 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.

C. Bidder acknowledges that the rights of the Owner and the recommendations of the Engineer are not to be questioned in the Award of Contracts.

D. Bidder acknowledges that it is the intention of the Mayor and City Council to let contracts on a basis of the Bids received in accordance with GS 143-129 and in such manner as they deem to be for the best interests of the Owner.

E. Bidder acknowledges that the Owner reserves the right to accept or reject any or all bids and to waive any informalities in the bidding.

F. Bidder acknowledges that should the total bid exceed the funds available to construct the project, the Owner reserves the right to reduce the scope of work from the project by deleting certain lump sum or unit price bid items prior to awarding the contract to bring the project within the funds available.

G. Bidder acknowledges that if this contract is awarded, Bidder must, with every pay request, furnish to the Public Utilities Director of the City of Raleigh an accurate itemized statement of North Carolina Sales Taxes paid on materials, supplies, equipment, and other items charged to this contract, and otherwise fully comp Tax Expenditures.

H. Bidder agrees to begin work within 10 days from the date of the Notice to Proceed.

I. Bidder agrees that should the Owner reduce the scope of work by 25% or less of the Total Bid price prior to award of the contract, the lump sum and the unit price on all bid items shall remain unchanged.

City of Raleigh 00410-7 Bid Form-REV. Addendum 2

J. Bidder agrees that in the case of failure on his part to execute the said Contract and the Bonds within 15 consecutive calendar days after written notice being given of the award of the Contract, Account set aside for this Project, as liquidated damages for such failure; otherwise the check, cash or Bid Bond accompanying this Bid shall be returned to the Bidder.

K. Bidder agrees to provide all necessary tools, machinery, equipment, apparatus, and all other means necessary to do all the work and will furnish all labor, materials and all else required to complete such Contract as may be entered into, in the manner prescribed in and in accordance with the terms of the Specifications and Contract and in accordance with the true intent and meaning thereof, and in accordance with the Plans and/or Drawings and the requirements of the Engineers under them, in a first class manner.

ARTICLE 6 TIME OF COMPLETION

6.01 Bidder agrees that the [all base bid and any selected alternatives] Work will be substantially complete within 730 calendar days after the date when the Contract Times commence to run as provided in Paragraph 4.01 of the General Conditions, and will be completed and ready for final payment in accordance with Paragraph 15.06.B of the General Conditions within 775 calendar days after the date when the Contract Times commence to run. If the Owner awards the Add Alternate Bid, no additional time will be provided. Work stoppage for seasonal constraints related to the shopping mall and adjacent properties is not included in the substantial and final completion durations.

6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the Contract Times. This amount is agreed upon as the proper measure of liquidated damages the Owner will sustain, per day, by the failure of the undersigned to complete the work, within the stipulated time, and it is not to be construed, in any sense, as a penalty.

6.03 Milestone Dates

A. The following principal events shall be completed and ready for final payment in accordance with paragraph 15.06 of the General Conditions within days indicated below after the date when the Contract Time commences to run. In accordance with paragraph 6.02 above as liquidated damages for delay (but not as penalty) Contractor shall pay Owner the amounts indicated below for each day that expires after the time specified below for completion and readiness for final payment.

Milestone Event Calendar Days

N/A-Comply with paragraph 6.01 N/A

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 in the form of a Bid Bond or Certified Check (Section 00430);

B. Reference Addendum 2 Paragraph B.2-In accordance with GS 143-128.2(c), Bidder shall identify on its bid the minority businesses that it will use on the project and the total dollar value of the bid that will be performed by the minority businesses and list the good faith efforts

City of Raleigh 00410-8 Bid Form-REV. Addendum 2

(Affidavit A) made to solicit participation. A Bidder that will perform all of the work with its own workforce may submit an Affidavit B to that effect in lieu of the affidavit A required above.

1. Nondiscrimination Agreement (Section 00440);

2. Use of MWBE Businesses (Section 00440);

3. Identification of Minority Business Participation (Section 00440), and;

4. Affidavit A, Listing of Good Faith Effort, or Affidavit B, Intent to Perform Contract with Own Workforce (Section 00440).

C. (Section 00441);

D. City of Raleigh (Section 00442);

E. Non-Collusive Affidavit (Section 00443);

F. Notice to Contractor Regarding Intrusions Beyond Project Limits (Section 00444);

G.

7.02 Checklist shall be completed and included as the first page of the submittal.

7.03 After the bid opening the Owner will consider all bids and alternates and determine the lowest responsible, responsive bidder. Upon notification of being the apparent low Bidder, the Bidder shall then file within 72 hours of the notification of being the apparent lowest bidder, the following:

A. An Affidavit (C) that includes a description of the portion of work to be executed by minority businesses, expressed as a percentage of the total contract price, which is equal to or more than the goal established by the Owner and indicated in the Instruction to Bidders, paragraph Minority Participation Goals. This affidavit shall give rise to the presumption that the bidder has made the required good faith effort; or, B. Affidavit (D) of its good faith effort to meet the goal. The document must include evidence of all good faith efforts that were implemented, including any advertisements, solicitations and other specific actions demonstrating recruitment and selection of minority businesses for participation in the contract.

7.04 Bidder understands that if this Bid is accepted by the Owner, Bidder shall not substitute for the subcontractors named in the Bid Documents except as allowed in the Supplementary Conditions.

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.

ARTICLE 9 BID SUBMITTAL

9.01

A. Number: _________________________________

B. Classification: _________________________________

C. Limitation: ________________________________

D. _________________________________

City of Raleigh 00410-9 Bid Form-REV. Addendum 2

E. Business Address: _________________________________

F. Phone No.: ___________________________ Fax No.:___________________________

G. Contact Person: _______________________ E-mail Address: _____________________

H. Phone No. w/ Ext.: ___________________________

9.02 This Bid is submitted by:

If Bidder is:

An Individual

Name (typed or printed): ____________________________________________

By: ____________________________________________

Doing business as: ____________________________________________

City of Raleigh 00410-10 Bid Form-REV. Addendum 2

A Partnership

Partnership Name: ____________________________________________

The Organization and Internal Affairs of the Partnership are governed by the laws of the State of: ____________________________________________

By: ________________________________________________________

(Signature of general partner -- attach evidence of authority to sign)

Name (typed or printed): ____________________________________________

Title (typed or printed): ____________________________________________

Attest: ____________________________________________

(Signature of Corporate Secretary)

A Corporation

Corporation Name: ____________________________________________ (SEAL)

State of Incorporation: ____________________________________________

Type (General Business, Professional, Service, Limited Liability): ________________________

By: ________________________________________________________

(Signature -- attach evidence of authority to sign)

Name (typed or printed): ________________________________________________________

Title (typed or printed): ________________________________________________________

(CORPORATE SEAL)

Attest: ________________________________________________________

(Signature of Corporate Secretary)

Date of Qualification to do business in North Carolina is ____/____/____.