Downing Creek Lift Station Improvements.pdf

AT

DEPT OF WATER MGMT

UTILITIES ENGINEERING

1600 MIST LAKE DRIVE

DURHAM, NORTH CAROLINA 27703

Downing Creek Lift Station Improvements

Bids Will Be Opened

Thursday

July 23rd, 2026

1:00PM

DOWNING CREEK LIFT STATION IMPROVEMENTS

CITY OF DURHAM DEPT. OF WATER MGMT

DURHAM, NC

June 2026

HIGHFILL Project No. DUR2101

Divisions 01, 02, 03, 231, 32, 33, 40, 41 & 46 prepared by:

Highfill Infrastructure Engineering, PC 400 Regency Forest Dr., Ste 110

Cary, North Carolina 27518 Tel 919-481-4342

Firm License No. C-2586

Division 26 prepared by:

SAMR

P.O. Box 41195 Greensboro, North Carolina 27404

Tel 336-988-1769 Firm License No. P-1467

UTILITY ENGINEERING DIVISION

PROJECT: DOWNING CREEK LS IMPROVEMENTS DEPARTMENT OF WATER MANAGEMENT

DATE: June 22, 2026 CITY OF DURHAM, NORTH CAROLINA

SECTION: 00 01 10 - Table Of Contents

PAGE: 1

DOCUMENT 00 01 10

TABLE OF CONTENTS

Section Title

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

INTRODUCTORY INFORMATION

00 01 10 Table of Contents

PROCUREMENT REQUIREMENTS

00 11 16 Invitation to Bid 00 21 15 Instructions to Bidders - EJCDC 00 31 00 Available Project Information 00 41 43 Bid Form

CONTRACTING REQUIREMENTS

00 52 15 Agreement 00 52 16 Forms of Submittals C-620 Contractor Application for Payment 00 72 15 General Conditions – EJCDC Stipulated Sum C-700 EJCDC Standard General Conditions of the Construction Contract 00 91 13 Addenda

SPECIFICATIONS GROUP

GENERAL REQUIREMENTS SUBGROUP

DIVISION 01 - GENERAL REQUIREMENTS

01 11 00 Summary of Work 01 14 00 Work Restrictions 01 20 00 Price and Payment Procedures 01 25 00 Substitution Procedures 01 31 00 Project Management and Coordination 01 32 00 Construction Progress Documentation 01 33 00 Submittal Procedures 01 40 00 Quality Requirements 01 50 00 Temporary Facilities and Controls 01 51 39.11 Temporary Bypass Pumping of Wastewater PSs 01 60 00 Product Requirements 01 71 00 Examination and Preparation 01 74 00 Cleaning and Waste Management 01 75 00 Starting and Adjusting

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01 77 00 Closeout Procedures 01 78 00 Closeout Submittals 01 79 00 Demonstration and Training

FACILITY CONSTRUCTION SUBGROUP

DIVISION 02 - EXISTING CONDITIONS

02 01 00 Maintenance of Existing Conditions 02 41 13 Selective Site Demolition

DIVISION 03 – CONCRETE

03 30 00 Cast-in-Place Concrete

DIVISION 26 – ELECTRICAL

26 05 00 Common Work Results for Electrical 26 05 19 Low-Voltage Electrical Power Conductors and Cables 26 05 26 Grounding and Bonding for Electrical Systems 26 05 29 Hangers and Supports for Electrical Systems 26 05 33.01 Conduits 26 05 33.02 Wireways 26 05 33.03 Outlet Boxes 26 05 33.04 Pull and Junction Boxes 26 05 53 Identification for Electrical Systems 26 05 73 Overcurrent Protective Device Coordination Study 26 24 16 Panelboards 26 27 26 Wiring Devices 26 28 19 Disconnects 26 29 13.20 Enclosed Combination Soft Start Controllers 26 32 13 Engine Generators 26 36 23 Automatic Transfer Switches 26 41 13 Lightning Protection for Structures 26 50 00 Lighting 26 56 00 Exterior Lighting

SITE AND INFRASTRUCTURE SUBGROUP

DIVISION 31 - EARTHWORK

31 05 00 Common Results for Earthwork 31 10 00 Site Cleaning 31 23 00 Excavation and Fill 31 23 19 Dewatering 31 23 33 Trenching and Backfilling 31 25 00 Erosion and Sedimentation Controls

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DIVISION 32 - EXTERIOR IMPROVEMENTS

32 31 13 Chain Link Fences and Gates 32 90 00 Planting

DIVISION 33 - UTILITIES

33 01 32 Sewer & MH Testing (City of Durham) 33 05 14 Public Manholes and Structures (City of Durham) 33 05 62 Polymer Concrete Structural Manhole Rehabilitation System for Existing Manholes 33 05 63 Concrete Vaults and Chambers 33 11 13 Public Water Utility Distribution – Piping (City of Durham) 33 31 13 Public Sanitary Utility Sewerage Piping (City of Durham) 33 31 23 Sanitary Utility Sewerage Force Mains (City of Durham) 33 32 11 Field Erected Wastewater Pumping Stations

DIVISION 40 – PROCESS INTERCONNECTIONS

40 05 60 Wastewater Utility Valves

DIVISION 41 – MATERIAL HANDLING AND PROCESSING EQUIPMENT

41 22 13.19 Jib Crane & Trolley Hoist

DIVISION 46 – WATER AND WASTEWATER EQUIPMENT

46 24 33 Open Channel Grinders

LIST OF APPENDICES

Appendix A Underutilized Enterprises (UBE) Requirements and Construction Forms Appendix B Certified UBE List Appendix C UBE Subcontracting Reporting Forms Appendix D Not Used Appendix E Non-Collusion Affidavit Forms for Bidder and Subcontractor Appendix F Bid Bond Forms Appendix G Performance Bond and Payment Bond Forms Appendix H Reimbursement Sales and Use Tax Statement Forms Appendix I Submittal Transmittal Form and Submittal Register Form Appendix J Claim for Additional Time on the Basis of Adverse Weather Conditions Appendix K Permits Appendix L As-Built Requirements Appendix M Odor Control System Allowance – Evoqua Scope of Work Appendix N SCADA & RTU Allowance – CITI, Inc. Scope of Work

PAGE: 4

END OF SECTION

SECTION: 00 11 16 - Invitation To Bid

DOCUMENT 00 11 16

INVITATION TO BID

Project: Downing Creek LS Improvements

Owner: City of Durham Department of Water Management

1600 Mist Lake Drive

Durham, North Carolina 27704

Issuing Office: Highfill Infrastructure Engineering, P.C.

Attention: Paul South, PE

City of Durham

Department of Water Management

Utility Engineering Division

1600 Mist Lake Drive

(919) 560-4381

The City of Durham will open sealed formal Bids submitted by qualified Bidders at 1:00 PM on July 23rd, 2026 for Project: Downing Creek Lift Station Improvements at the Department of Water Management

Room 2002 D, 1600 Mist Lake Drive, Durham, North Carolina. The Project involves the furnishing of all materials, labor, equipment, tools, etc. unless otherwise specified, for the complete installation of improvements to the Downing Creek Lift Station including conversion to duplex submersible configuration, installation of new polymer concrete wet well inside existing wet well, grinder and grinder basin, replace controls, standby emergency generator and chemical feed system, and installation of approximately 125 LF of gravity sewer with manholes to realign sewer entering the Lift Station.

The foregoing description shall not be construed as a complete description of all work required.

Beginning June 22nd, 2026, the Contract Documents will be on file in the Department of Water

Management, Utility Engineering, 1600 Mist Lake Drive, Durham, North Carolina. Copies of the Contract

Documents, may be obtained from the Issuing Office at Highfill Infrastructure Engineering in Cary, NC with Carla Helms, who can be reached at 919-481-4342 or chelms@hiepc.com upon payment of $250 by check (non-refundable) payable to Highfill Infrastructure Engineering for each set of Contract Document

(full-size plans) so obtained.

The Contract Documents may be viewed, free of charge, at the City of Durham, Department of Water

Management, 1600 Mist Lake Drive, Durham, North Carolina by appointment only.

The Project Manual including Bidding Documents, Contract Documents, and Technical Specifications, including the drawings, will also be on file at the following locations:

• Associated General Contractors, Raleigh and Charlotte, NC

• McGraw Hill Dodge Plan Room, Raleigh and Charlotte, NC

• NC Institute of Minority Economic Development, 114 W. Parrish Street, Durham, NC

• Raleigh-Durham Minority Business Development Center, 800 North Mangum St, Durham, NC

Bidders are encouraged to attend the non-mandatory pre-Bid conference at 1:00 PM on July 8th, 2026 at the Department of Water Management Room 2002 A, 1600 Mist Lake Drive, Durham, North Carolina.

The option of attending the non-mandatory pre-bid conference virtually will be available. Bidders must send an email to Greg Fields, PE (gfields@hiepc.com) by 9:00 AM local time on July 7th, 2026 to request access to the Microsoft Teams link. The subject line of the email must include the Project Name and Bid

Number. Emails that do not include both items in the subject line may not receive a response. Bidders electing to attend the pre-bid conference virtually are solely responsible for their ability to access

Microsoft Teams and to provide reliable internet service and compatible hardware/software. The City assumes no responsibility for a bidder’s inability to connect to, participate in, or remain connected to the virtual meeting for any reason, including but not limited to technical difficulties, connectivity issues, or software incompatibility.

Each Bidder must be licensed under Chapter 87 of the North Carolina General Statutes. Bidders must conform with the provisions of the North Carolina Contractor’s Licensing Act of 1925, as amended. All

Bids must include a non-collusion affidavit.

The City of Durham requires the Project to be substantially completed within 180 consecutive calendar days, and completed within 210 calendar days from date of Notice to Proceed.

No Bid shall be considered or accepted unless at the time of its filing the same shall be accompanied by a deposit of cash or 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 the City of Durham. Said deposit shall guarantee that the

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

Refer to other Bidding requirements described in Document 00 21 15.

In lieu of the cash deposit or certified or cashier’s check 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 in the form attached to the Bidding Documents (see Appendix F) 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 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 ninety (90) days after Bid opening.

The City of Durham 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 accepts the

Bid that will be in the best interest of the City of Durham.

END OF DOCUMENT

PROJECT: DOWNING CREEK LS IMPROVEMNENTS DEPARTMENT OF WATER MANAGEMENT

SECTION: 00 21 15 - Instructions To Bidders - EJCDC

DOCUMENT 00 21 15

INSTRUCTIONS TO BIDDERS - EJCDC

1.1 SUMMARY

A. Document Includes:

1. Defined terms.

2. Copies of Bidding Documents.

3. Qualifications of Bidders.

4. Examination of Bidding Documents, other related data, and Site.

5. Pre-Bid conference.

6. Site and other areas.

7. Interpretations and Addenda.

8. Bid security.

9. Contract Times.

10. Liquidated damages.

11. Substitute and “or-equal” items.

12. Subcontractors, suppliers, and others.

13. Preparation of Bid.

14. Basis of Bid; comparison of Bids.

15. Submittal of Bid.

16. Modification and withdrawal of Bid.

17. Opening of Bids.

18. Bids to remain subject to acceptance.

19. Evaluation of Bids and award of Contract.

20. Contract security and insurance.

21. Signing of Agreement.

22. Sales and use taxes.

B. Related Documents:

1. Document 00 11 16 - Invitation to Bid.

2. Document 00 31 00 - Available Project Information.

3. Document 00 41 43 - Bid Form

4. Document 00 72 15 - General Conditions – EJCDC

5. Bond types and values.

C. Notice of Bidding Documents and Contract Documents Provision Changes and Updates

1. The Bidder is advised that these Bidding Documents and Contract Documents include numerous changes, revisions, and updates from prior City of Durham contracts.

1.2 DEFINED TERMS

Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract EJCDC C-700 (2002 edition) and modified by the City of Durham (Copyright 2011) shall have the meanings assigned to them in the General Conditions as modified, changed, added to or deleted by the General Conditions.

A. Refer to Article 1 of the General Conditions.

1.3 COPIES OF BIDDING DOCUMENTS

A. The Bidding Documents are identified as “Contract Documents for Project: Downing Creek Lift Station Improvements.”

B. Contract Documents will be on file in the Department of Water Management, Utility Engineering, 1600 Mist Lake Drive, Durham, North Carolina. Copies of the Contract Documents may be obtained from the Issuing Office at Highfill Infrastructure Engineering, P.C., who can be reached at 919-481-4342 or chelms@hiepc.com, upon payment of $250 by check (non-refundable) payable to Highfill Infrastructure Engineering, P.C. for each set of Contract Document (full-size plans) so obtained.

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

D. Upon receipt of Bidding Documents, Bidder shall verify that the Bidding Documents are complete. The Bidder shall notify the Engineer if they have received incomplete Bidding Documents.

E. The City of Durham and Engineer, in making copies of the Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

1.4 QUALIFICATIONS OF BIDDERS

A. Notice Under the Americans with Disabilities Act (ADA):

1. The City of Durham will not discriminate against qualified individuals with disabilities on the basis of disability. Anyone who requires an auxiliary aid or service for effective communications, or assistance to participate in a City program, service, or activity, should contact:

Attention: ADA Coordinator City of Durham 101 City Hall Plaza Durham, NC 22701 Phone: (919) 560-1200 mailto:chelms@hiepc.com

Email: ADA@durhamnc.gov

All such requests should be submitted as soon as possible but no later than forty- eight (48) hours before any scheduled event.

B. The Contractor shall demonstrate the ability to complete a majority of all portions of the Contract using equipment and personnel owned and employed by the Contractor. The Contractor should include the following information in the Bid in the spaces provided:

1. The number of years the Contractor has been regularly engaged in similar

Contract municipal work and a list of projects they have completed with their equipment and personnel.

2. A list of the Contractor'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.

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

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

5. That the Contractor has ample repair parts and supplies to maintain all equipment and facilities properly and with a minimum delay.

6. If the Bidder is a corporation, the names of all corporate officers and the name of the executive who will give his personal attention to the work.

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

8. The Contractor shall perform work amounting to at least 60% of the Contract, using its own equipment and personnel. No portion of the Contract shall be sublet, assigned, or otherwise disposed of except with the expressed written consent of the City of Durham. If the Contractor fails to demonstrate to the City that it has the ability to perform the specified percentage of the Contract work with its own equipment and personnel, its Bid may be considered non-responsive.

C. Miscellaneous

1. If the Contractor fails to demonstrate the ability to complete a majority of all portions of the Contract with equipment and personnel owned and employed by the Contractor, the Bid may be considered non-responsive.

2. The Contractor shall be licensed under Chapter 87 of the North Carolina General Statutes as a General Contractor.

1.5 EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

A. Subsurface and Physical Conditions

1. The General Conditions identify:

a. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that the Engineer has used in preparing the Bidding Documents.

b. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that the Engineer has used in preparing the Bidding Documents.

B. Copies of reports and drawings referenced in Paragraph 1.5.A.1 will be made available by the City of Durham to any Bidder in accordance with 00 31 00 – Available Project Information. Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which the Bidder is entitled to rely and have been identified and established as provided in Paragraph 4.02 of the General 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.

C. Underground Facilities

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

D. Hazardous Environmental Condition

1. The General Conditions identify those reports and drawings related to a

Hazardous Environmental Condition identified at the Site, if any, that Engineer has used in preparing the Bidding Documents.

2. Copies of reports and drawings referenced in Paragraph 1.5.D.1 will be made available by the City of Durham to any Bidder on request. Those reports and drawings are not part of the Contract Documents but the “technical data” contained therein upon which Bidder is entitled to rely and have been identified and established as provided in Paragraph 4.06 of the General 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.

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

Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to Hazardous Environmental Conditions at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings or Technical Specifications or identified in the Contract Documents to be within the scope of the Work appear in Paragraph 4.06 of the General Conditions.

F. On request, the City of Durham will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary

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for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates. All requests for access to the Site must be received forty-eight (48) hours prior to the preferred time of access. All Site access requests must be made to and coordinated by the City’s Project Manager (Paul South, PE, (919)560-4381 ext. 35516, paul.south@durhamnc.gov). The Bidder may not access any Site without written permission from the City of Durham. The Bidder shall be responsible for any damage (including damage to any underground utility and acceptable restoration) as a result of additional subsurface investigations.

G. Reference is made to Paragraph 7.04 of the General Conditions for the identification of the general nature of other work that is to be performed at the Site by the City of Durham or others (such as utilities and other contractors) that relates to the Work contemplated by these Bidding Documents. Reference is also made to 00 31 00 – Available Project Information of the Specifications for the identification of those surveys and investigation reports of subsurface or latent physical conditions at the site or otherwise affecting performance of the work which have been relied upon by Engineer in preparing the Drawings and Specifications. Subsurface data are offered in good faith solely for the purpose of placing the Bidder in receipt of all information available to the City of Durham and Engineer and in no event is to be considered part of the Contract Documents.

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

1. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda thoroughly;

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

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

4. carefully study all:

a. reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in Paragraph 4.02 of the General Conditions, and

b. reports and drawings of Hazardous Environmental Conditions at the Site which have been identified in Paragraph 4.06 of the General Conditions;

5. obtain and carefully study (or accept consequences of not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying and specific means, methods, techniques, sequences, PAGE: 6 and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto;

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

7. become aware of the general nature of the Work to be performed by the City of Durham and others at the Site that relates to the Work as indicated in the Bidding Documents;

8. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents;

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

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

I. The submission of a Bid will constitute an incontrovertible representation by the Bidder that Bidder has complied with every requirement of this Paragraph 1.5, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performing and furnishing of the Work.

1.6 PRE-BID CONFERENCE

A. A non-mandatory pre-Bid conference will be held at 1:00 PM on July 8th, 2026 at the City of Durham’s Department of Water Management Room 2002 A, 1600 Mist Lake Drive, Durham, North Carolina. Representatives of the City of Durham, Engineer, and the Underutilized Business Compliance Division will be present to discuss the Project.

Bidders are encouraged to attend and participate in the conference. Engineer will transmit to all prospective Bidders of record such agenda as Engineer considers necessary in response to questions arising from the conference. Oral statements may not be relied upon and shall not be binding or legally effective.

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B. Bidder questions pertaining to the Work and UBE participation will be addressed at the pre-Bid conference. Bidders may also identify potential UBE Subcontractors at the pre- Bid conference.

1.7 SITE AND OTHER AREAS

A. The Site is identified in the Bidding Documents. Right-of-Entry and easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by the City of Durham unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by the Contractor.

1.8 INTERPRETATIONS AND ADDENDA

A. All questions about the meaning or intent of the Bidding Documents are to be submitted in writing to Chad Easter, PE at ceaster@hiepc.com. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda emailed or delivered to all parties recorded by Engineer as having received the Bidding Documents. All Addenda will also be posted on the City of Durham, web site: http://durhamnc.gov/bids.aspx . Questions received less than seven

(7) days prior to the date for opening of Bids may not be answered. Only questions answered by Addenda will be binding. Oral and other interpretations or clarifications shall be without legal effect.

B. Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by the City of Durham or Engineer.

C. It shall be the Bidder’s sole responsibility to make inquiry as to the Addenda issued. All Addenda shall be bound and securely attached to the Bidding Documents and submitted with the Bid. All such Addenda shall become a part of the Contract Documents and all Bidders shall be bound by such Addenda, whether or not received by the Bidders.

1.9 BID SECURITY

A. No Bid shall be considered or accepted unless at the time of its filing the same shall be accompanied by a deposit of cash or 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 the City of Durham. Said deposit shall guarantee that the Contract shall be entered into by the Successful Bidder if the award is made.

B. In lieu of the cash deposit or certified or cashier’s check 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 in the form attached to the Bidding Documents or on file http://durhamnc.gov/bids.aspx

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with the Engineer. Bid bond forms must 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 bond and be attached to the page provided therefore in the Contract Documents.

C. The Bid security of the Successful Bidder shall be retained until such Bidder has executed the Contract Documents, furnished the required contract security and met the other conditions of the Notice to Award, whereupon the Bid Security will be returned. If the Successful Bidder fails to execute and deliver the Contract Documents and furnish the required contract security within fifteen (15) days after the Notice of Award, the City of Durham may annul the Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid security of other Bidders whom the City of Durham believes to have a reasonable chance of receiving the award may be retained by the City of Durham until the earlier of seven (7) days after the Effective Date of the Agreement or ninety-one (91) days after the Bid opening, whereupon Bid security furnished by such Bidders will be returned.

D. Bid security of other Bidders who the City of Durham believes do not have a reasonable chance of receiving the award will be returned within seven (7) days after the Bid opening.

E. In the event the Contract is not awarded, all Bid securities will be returned within seven

(7) days after the Bid opening.

1.10 CONTRACT TIMES

A. The number of days within which, or the dates by which, the Work is to be substantially completed (Contract Time) and ready for final payment are set forth in the Agreement.

The Contractor shall commence work on the date specified in the Notice to Proceed, and he shall complete the work within the stipulated Contract time.

1.11 LIQUIDATED DAMAGES

A. Provisions for liquidated damages, if any, are set forth in the Agreement.

1.12 SUBSTITUTE AND “OR-EQUAL” ITEMS

A. The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents without consideration of possible substitute or “or-equal” items. Whenever it is specified or described in the Bidding Documents that a substitute or “or-equal” item of material or equipment may be furnished or used by the Contractor if acceptable to the Engineer, application for such acceptance will not be considered by Engineer until after the Effective Date of the Agreement.

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1.13 SUBCONTRACTORS, SUPPLIERS, AND OTHERS

A. All Bidders are required to complete the UBE Participation Document form E-101 and submit the completed forms with their Bid.

B. Each Bidder must submit a “Statement of Intent to Perform as a Subcontractor” for each UBE Subcontractor within five (5) days of the Bid Opening. The “Letter of Intent to Perform as a Subcontractor” form can be found in Appendix A and must be signed by each UBE Subcontractor. UBE goal participation is calculated by multiplying the goal percentages by the Bid price. A listing of the City of Durham certified UBE firms for the Project can be found in Appendix B.

C. All questions regarding UBE documents or requirements may be directed to the City of Durham, Underutilized Business Compliance Division at (919) 560-4180.

D. The City of Durham reserves the right to reject a proposed Subcontractor for reasonable cause.

E. The General Conditions, Paragraph 6.06, require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to the City of Durham 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 the City of Durham a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which such identification is required. Such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, individual, or entity if requested by the City of Durham. If the City of Durham or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, the City of Durham may, before the Notice of Award is given, request apparent Successful Bidder to submit a substitute, without an increase in the Bid.

F. If apparent Successful Bidder declines to make any such substitution, the City of Durham may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds of forfeiture of the Bid security of any Bidder.

Any Subcontractor, Supplier, individual, or entity so listed and against which the City of Durham or Engineer makes no written objection prior to giving of the Notice of Award will be deemed acceptable to the City of Durham and Engineer subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph

6.06 of the General Conditions.

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

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1.14 PREPARATION OF BID

A. The approved Bid form is included with the Bidding Documents. All Bids must be submitted on the approved Bid form furnished in the Contract Documents.

B. The unit prices for specific items shall reflect all costs associated with furnishing, installing all items of Work as indicated on the Drawings and Technical Specifications, complete, in place and accepted, per the City of Durham Standards and Specifications, North Carolina Department of Transportation (NCDOT) Standards and Specifications, and the North Carolina Department of Environment and Natural Resources (NCDENR) Erosion and Sediment Control Planning and Design Manual.

C. All blanks on the Bid form shall be completed by printing in ink or by typewriter in both words and numerals, and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid form. In case of a conflict between the Price in words and its equivalent shown in numerals, the words will take precedence. Proposals shall not be conditional, limited or restricted in any way. A Bid price shall be indicated for each unit price item listed therein, or the words “No Bid,” “No Change,” or “Not Applicable” entered.

D. The omission of prices for any item on the Bid form, or the tendering of any unbalanced Bid 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 Contractor 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 water supply, waste disposal, temporary electrical services, surveying, staking, and storage, are incidental and defined within the Technical Specifications of the Bidding Documents.

G. Item values on the Bid form shall be given as figures (i.e. $23,000.00) and in writing (i.e.

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

H. A Bid by a corporation shall be executed in the corporate name by the president or a vice-president or other corporate officer accompanied by evidence of authority to sign.

The corporate seal shall be affixed and attested by the secretary or an assistant secretary. Insert the corporate officer’s capacity under each signature. The corporate address and state of incorporation shall be shown below the signatures.

I. A Bid by a limited liability company shall be executed in the name of the firm by a member in the presence of a witness with signature, and accompanied by evidence of

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authority to sign. The state of formation of the firm and the official address of the firm shall be shown below the signature. Affix the limited liability company seal adjacent to the signatures.

J. A Bid by an individual or sole proprietorship shall be executed with a signature of the individual/sole proprietor in the presence of a witness with signature. Insert the words “Individual/Sole Proprietor” under the signature and show the Bidder’s name and official address. Affix the individual/sole proprietor seal adjacent to the signature.

K. A Bid by a partnership shall be executed in the partnership name and signed by all partners (whose title must appear under the signature) in the presence of a witness with signature, accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signatures. Affix the partnership seal adjacent to the each partner signature.

L. A Bid by a joint venture shall be executed by each party of the joint venture under their respective seals in a manner appropriate to each such party as described above for each party type. Provide a single signature sheet for each party to the joint venture.

M. All names shall be typed or printed in ink below the signatures.

N. The Bid shall contain an acknowledgment of all Addenda, the numbers of which shall be filled in on the Bid form.

O. The mailing address, email address, and telephone number for communication regarding the Bid shall be shown.

P. The Bid shall contain evidence of the Bidder’s authority and qualification to do business in the State of North Carolina or covenant to obtain such qualification prior to the award of the Contract. Bidder shall be licensed under Chapter 87 of the North Carolina General Statutes as a General Contractor. Bidder’s State of North Carolina contractor license number, if any, shall also be shown on the Bid form.

Q. Minority and Women Business Enterprise Ordinance (M/WBE) Construction Forms, completed in accordance with the M/WBE Requirement Instructions shall be submitted with the Bid, or the Bid may be considered non-responsive. The City Council has adopted a resolution that requires the City to solicit minority and women owned businesses to Bid on the Project. The established goals for this project are 11% goal for MUBE and 7% goal for WUBE participation.

1.15 BASIS OF BID; COMPARISON OF BIDS

A. Unit Price

1. Bidders shall submit a Bid on a unit price basis for each item of Work listed on the Bid Schedule.

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2. The total of all estimated prices will be the sum of the Products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions.

3. Discrepancies between the multiplication of units of Work and unit prices will be resolved in favor of the unit prices. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum. Discrepancies between words and figures will be resolved in favor of the words.

B. 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 Paragraph 11.02 of the General Conditions.

C. 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 for liquidated damages for failing to achieve Substantial Completion for each day before or after the time allowed as set forth in the Agreement.

1.16 SUBMITTAL OF BID

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

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

C. Each Bid shall include non-collusion affidavits for the Bidder. Affidavits for all Subcontractors of the apparent Successful Bidder, and those Bidders requested by the City of Durham, must be filed within five (5) days after the Bid opening. Blank Non- Collusion Affidavit Forms can be found in Appendix E.

D. A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Invitation to Bid and shall be enclosed in an opaque sealed envelope plainly marked with the following information:

1. Contract: [XX-20XX-XX]

2. Project: [Title/Description]

3. Name of Bidder: ____________________

4. Address of Bidder: ____________________

5. Phone Number of Bidder: ____________________

6. Contact Person for Bidder: ____________________

7. Phone Number of Contact: ____________________

8. Email of Contact: ____________________

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

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

a. ________ Bid Form

b. ________ UBE Forms (E-101)

c. ________ Bid Bond, if applicable

d. ________ Non-Collusion Affidavit of Bidder

e. ________ Past Safety Performance

f. ________ Bid Security

g. ________ List of Contractor Equipment and Personnel

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

F. If a Bid is sent by mail or other delivery system, 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:

Attention: Paul South, PE City of Durham Department of Water Management 1600 Mist Lake Dr.

Mark envelope with the Project title and Contract 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 the City of Durham nor the Engineer assumes responsibility for delivery to the Bid opening. In such instances, the Bidder shall have no claim against the Owner or Engineer.

G. Bids submitted after the time listed in the Agreement and Invitation to Bid will be returned to the Bidder unopened.

H. 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 the City of Durham’s discretion.

I. Bid Forms, appendices, and enclosures which are improperly prepared may be declared unacceptable at the City of Durham’s discretion.

J. Failure to provide security deposit, bonds, or insurance requirements will invalidate the Bid at the City of Durham’s discretion.

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1.17 MODIFICATION AND WITHDRAWAL OF BID

A. Amendments to properly submitted Bids will be permitted when received in writing prior to Bid opening and when endorsed by the same party or parties who signed and sealed the Bid. Bidders are cautioned that if in the opinion of the City of Durham or the Engineers such modifications are not explicit, or are in any sense subject to misinterpretation, then the Bid so amended will be subject to rejection.

B. Bidders upon properly notarized written request may withdraw their Bid at any time before Bid opening. 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.

C. 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.

1.18 OPENING OF BIDS

A. Bids shall be opened, unless obviously non-responsive, at the time and place indicated in the Invitation to Bid and 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.

B. Bidders may be present at the opening of Bids.

1.19 BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

1.20 EVALUATION OF BIDS AND AWARD OF CONTRACT

A. The City of Durham reserves the right to reject any or all Bids, including without limitation, nonconforming, non-responsive, unbalanced, or conditional Bids. The City of Durham further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible. The City of Durham may also reject the Bid of any Bidder if the City believes that it would not be in the best interest of the Project to make an award to that Bidder. The City of Durham also reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate terms with the Successful Bidder.

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

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C. In evaluating Bids, the City of Durham will consider whether or not the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid form or prior to the Notice of Award.

D. In evaluating Bidders, the City of Durham will consider the qualifications of Bidders and may consider the qualifications and experience of Subcontractors, Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Subcontractors, Supplies, and other individuals or entities must be provided as provided in the General Conditions.

E. The City of Durham may conduct such investigations as the City deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the Contract Documents.

F. If the Contract is to be awarded, the City of Durham will award the Contract to the Bidder whose Bid is in the best interests of the Project.

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

1.21 CONTRACT SECURITY AND INSURANCE

A. Article 5 of the General Conditions sets forth the City of Durham’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the executed Agreement to the City of Durham, it shall be accompanied by such bonds.

1.22 SIGNING OF AGREEMENT

A. After the City of Durham has identified the Successful Bidder, the Engineer on behalf of the City of Durham, will issue to the Successful Bidder, a written Notice to Award.

B. The City of Durham will give the apparent successful Bidder a Notice of Award within ninety (90) calendar days after the day of the Bid opening. When the City of Durham gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts to the Agreement with the other Contract Documents which are identified in the Agreement as attached thereto. Within fifteen

(15) calendar days thereafter, Successful Bidder shall sign and deliver the required number of counterparts of the Agreement and attached documents to the City of Durham. Within ten (10) days after execution of the Agreement by the Manager, the City of Durham will deliver one fully signed counterpart to Successful Bidder.

C. Failure or refusal of the Bidder whose Bid is accepted to execute the Contract as hereinbefore provided shall constitute a breach by such Bidder of the Contract created

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by the acceptance of the Bid, and in such event, the City as its option, may determine that such Bidder has abandoned the Contract. Thereupon such Bidder’s Bid and the acceptance thereof shall be null and void. It is understood by the Bidder in the event of the annulment of the Award, that the amount of the cash, certified check, or Bid Bond, submitted with the Bid shall be forfeited to the use of the City of Durham, not as a penalty, but as liquidated damages.

D. State Treasurer's lists regarding Iran and Boycott of Israel. If the successful bidder or the City signs the contract on October 1, 2017 or afterwards, and the value of the contract is $1,000 or more, the following applies unless the bidder otherwise states in its bid: the bidder affirms (by submitting a bid) that (1) its name does not appear on the list of companies that are engaged in a boycott of Israel developed by the N. C. State Treasurer under N.C.