Genoa Gravity Sewer Rehabilitation Phase I - Issued for Bid - September 2026.pdf

Genoa Gravity Sewer Rehabilitation Phase I

Contract Documents and Technical Specifications

Prepared for:

Wayne County

Issue Date:

September 2026

Wayne County, North Carolina

[Site Name]

ISSUED FOR BID

SRF-W-0013

©2026 CDM Smith 269782-288987

All Rights Reserved September 2026

Genoa Gravity Sewer Rehabilitation Phase - I Seals Page Wayne County, North Carolina 000107 - 1

SECTION 000107 – SEALS PAGE

1.1 DESIGN PROFESSIONALS OF RECORD

A.

B. Engineer:

1. David G. Malinauskas

2. License 029997.

3. Responsible for Divisions 01-49 Sections except where indicated as prepared by other design professionals of record.

C. Geotechnical Engineer

1. Patrick W. Gilmartin

2. License 049695.

3. Responsible for Portions of Division 31.

D. Structural Engineer:

1. Jason G. Younts

2. License 039737.

3. Responsible for Divisions 03 and 05.

Genoa Gravity Sewer Rehabilitation Phase - I Seals Page Wayne County, North Carolina 000107 - 2

E. Electrical Engineer:

1. William D. McGugan

2. License 048793.

3. Responsible for Division 26.

END OF DOCUMENT 000107

Table of Contents

Genoa Gravity Sewer Rehabilitation – Phase I 000110 - 1

Wayne County, North Carolina ISSUED FOR BID

TABLE OF CONTENTS

PROCUREMENT AND CONTRACTING DOCUMENTS GROUP

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

000107 Seals Page

000110 Table of Contents

001113 Advertisement for Bids

001116.16 Invitation to Bid

002113.16 Instructions to Bidders

004153 Bid Form

00430 Bid Bond

004393 Bid Submittal Checklist

005100 Notice of Award

005214.16 Agreement

005500 Notice to Proceed

006113.16 Performance Bond

006115.16 Payment Bond

007200.16 General Conditions

007300.16 Supplementary Conditions

008000 SRF Contract Requirements

000800-1 NC Division of Water Infrastructure MBE/WBE (DBE) Compliance Supplement

000800-2 Davis-Bacon Instructions for SRF Projects

000800-3 Wage Determination Schedules

000800-4 American Iron and Steel (AIS) Guidance

009113 Addenda

00941 Change Order

SPECIFICATIONS GROUP

General Requirements Subgroup

DIVISION 01 - GENERAL REQUIREMENTS

011000 Summary

012100 Allowances

012223 Measurement and Payment

012300 Alternates

012500 Substitution Procedures

012600 Contract Modification Procedures

012613 Requests for Information

012900 Payment Procedures

013100 Project Management and Coordination

013200 Construction Progress Documentation

013233 Photographic Documentation

013300 Submittal Procedures

013513.24 Sequence of Construction

Table of Contents

Genoa Gravity Sewer Rehabilitation – Phase I 000110 - 2

013529 Health and Safety Requirements

013544 Environmental Protection Procedures

014000 Quality Requirements

014200 References

015000 Temporary Facilities and Controls

015526 Traffic Control

015728 Temporary Bypass Pumping Systems

016000 Product Requirements

017123 Project Controls (Surveying)

017300 Execution

017423 Cleaning

017700 Closeout Procedures

017839 Project Record Documents

Facility Construction Subgroup

DIVISION 03 - CONCRETE

030100.61 Concrete Repairs

033010 Miscellaneous Cast-in-Place Concrete

DIVISION 05 - METALS

050519 Post-Installed Anchors and Reinforcing Bars

055000 Metal Fabrications

DIVISION 09 - FINISHES

099676.13 Wastewater Collection System Coatings

Site and Infrastructure Subgroup

DIVISION 26 - ELECTRICAL

260010 Supplemental Requirements for Electrical

260011 Facility Performance Requirements for Electrical

260510 Limited Electrical for Small Projects

262816 Enclosed Switches and Circuit Breakers

263213.13 Diesel Emergency Engine Generators

DIVISION 31 - EARTHWORK

310515 Soils and Aggregates for Earthwork

310519.13 Geotextiles for Earthwork

310900 Geotechnical Instrumentation and Monitoring

311000 Site Clearing

312000 Earthwork

312319 Dewatering

312323.33 Flowable Fill

312333 Trenching and Backfill

312500 Erosion and Sedimentation Controls

315000 Excavation Support and Protection

Table of Contents

Genoa Gravity Sewer Rehabilitation – Phase I 000110 - 3

DIVISION 32 - EXTERIOR IMPROVEMENTS

321723 Pavement Markings

329200 Turf and Grasses

DIVISION 33 - UTILITIES

330130.16 TV Inspection of Sewer Pipelines

330130.41 Cleaning of Sewers

330130.71 Cured-in-Place Lining

330130.81 Manhole Rehabilitation

330513 Manholes and Structures

330516.13 Precast Concrete Utility Structures

333100 Sanitary Utility Sewerage Piping

DIVISION 40 - INSTRUMENTATION

406100 Process Control and Enterprise Management Systems General Provisions

407113 Magnetic Flow Meters

407276 Level Switches

407856 Isolators, Intrinsically Safe Barriers, and Surge Suppressors

DIVISION 46 – WATER AND WASTEWATER EQUIPMENT

462433 Open-Channel Grinders

APPENDICES

NCDOT Encroachment Agreement

NCDEQ Wastewater Collection System Extension Permit

NCDEQ Certificate of Plan Approval

NCDEQ Letter of Plan Approval

DWI Approved Plans and Specifications

END OF TABLE OF CONTENTS

THIS PAGE INTENTIONALLY LEFT BLANK

Division 00 Procurement and Contracting Requirements

This Page Intentionally Left Blank

EJCDC® C-430, Bid Bond (Penal Sum Form).

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

BID BOND (PENAL SUM FORM)

Bidder Surety

Name: [Full formal name of Bidder] Name: [Full formal name of Surety]

Address (principal place of business): Address (principal place of business):

[Address of Bidder’s principal place of business] [Address of Surety’s principal place of business]

Owner Bid

Name: [Full formal name of Owner] Project (name and location):

Address (principal place of business): [Owner project/contract name, and location of the project] [Address of Owner’s principal place of business]

Bid Due Date: [Enter date bid is due]

Bond

Penal Sum: [Amount]

Date of Bond: [Date] Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth in this Bid Bond, do each cause this Bid Bond to be duly executed by an authorized officer, agent, or representative.

Bidder Surety

(Full formal name of Bidder) (Full formal name of Surety) (corporate seal)

By: By:

(Signature) (Signature) (Attach Power of Attorney)

Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Attest: Attest:

(Signature) (Signature) Name: Name:

(Printed or typed) (Printed or typed)

Title: Title:

Notes: (1) Note: Addresses are to be used for giving any required notice. (2) Provide execution by any additional parties, such as joint venturers, if necessary.

EJCDC® C-430, Bid Bond (Penal Sum Form).

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors, and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond.

Payment of the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this Bond will be Owner’s sole and exclusive remedy upon default of Bidder.

2. Default of Bidder occurs upon the failure of Bidder to deliver within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents.

3. This obligation will be null and void if:

3.1. Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding Documents and any performance and payment bonds required by the Bidding Documents, or

3.2. All Bids are rejected by Owner, or

3.3. Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents (or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when required by Paragraph 5 hereof).

4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable promptness, identifying this Bond and the Project and including a statement of the amount due.

5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award including extensions does not in the aggregate exceed 120 days from the Bid due date without Surety’s written consent.

6. No suit or action will be commenced under this Bond prior to 30 calendar days after the notice of default required in Paragraph 4 above is received by Bidder and Surety, and in no case later than one year after the Bid due date.

7. Any suit or action under this Bond will be commenced only in a court of competent jurisdiction located in the state in which the Project is located.

8. Notices required hereunder must be in writing and sent to Bidder and Surety at their respective addresses shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United States Postal Service registered or certified mail, return receipt requested, postage pre-paid, and will be deemed to be effective upon receipt by the party concerned.

9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and deliver such Bond and bind the Surety thereby.

10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any applicable statute that has been omitted from this Bond will be deemed to be included herein as if set forth at length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute governs and the remainder of this Bond that is not in conflict therewith continues in full force and effect.

11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.

EJCDC® C-941, Change Order EJCDC® C-941, Change Order, Rev.1.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies and American Society of Civil Engineers. All rights reserved.

CHANGE ORDER NO.: [Number of Change Order]

Owner: Owner’s Project No.:

Engineer: Engineer’s Project No.:

Contractor: Contractor’s Project No.:

Project:

Contract Name:

Date Issued: Effective Date of Change Order:

The Contract is modified as follows upon execution of this Change Order:

Description:

[Description of the change]

Attachments:

[List documents related to the change]

Change in Contract Price

Change in Contract Times [State Contract Times as either a specific date or a number of days] Original Contract Price: Original Contract Times:

Substantial Completion:

$ Ready for final payment:

[Increase] [Decrease] from previously approved Change Orders No. 1 to No. [Number of previous Change Order]:

[Increase] [Decrease] from previously approved Change Orders No.1 to No. [Number of previous Change Order]:

Substantial Completion:

$ Ready for final payment:

Contract Price prior to this Change Order: Contract Times prior to this Change Order:

Substantial Completion:

$ Ready for final payment:

[Increase] [Decrease] this Change Order: [Increase] [Decrease] this Change Order:

Substantial Completion:

$ Ready for final payment:

Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:

Substantial Completion:

$ Ready for final payment:

Recommended by Engineer (if required) Accepted by Contractor

By:

Title:

Date:

Authorized by Owner Approved by Funding Agency (if applicable)

By:

Title:

Date:

Genoa Gravity Sewer Rehabilitation Phase - I Advertisement for Bids Wayne County, North Carolina 001113 - 1

ISSUED FOR BID

DOCUMENT 001113 - ADVERTISEMENT FOR BIDS

1.1 PROJECT INFORMATION

A. Notice to Bidders: Qualified bidders may submit bids for project as described in this Document. Submit bids according to the Instructions to Bidders.

1. Regulatory Requirements: Wayne County shall govern submittal, opening, and award of bids.

B. Project Identification: Genoa Gravity Sewer Rehabilitation - Phase I

1. Project Location: Goldsboro, North Carolina.

C. Owner: Wayne County.

1. Owner's Representative: Kendall Lee, kendall.lee@waynegov.com, 919-731-1168.

D. Engineer: David G. Malinauskas, PE, Email: malinauskasdg@cdmsmith.com. O: 919-325-

3500.

E. Project Description: Project consists of the following:

1. Rehabilitation of approximately 4,750 LF of 6-18-inch gravity main via CIPP.

2. Relocation of approximately 610 LF of 8-inch gravity main via open cut.

3. Rehabilitation of 19 manholes.

4. Replacement of 3 manholes.

5. Genoa PS: Replacement of upper slide rail brackets and generator like-for-like.

Installation of fall protection grating. Replacement of influent bar screen with new grinder.

6. Landfill PS: Installation of vent pipe on wet well and fall protection grating.

7. Grantham Middle and Grantham Elementary PSs: Installation of bypass connections.

8. Highway 117 PS: Installation of flow meter.

9. Project cost range is anticipated between $2,100,000 and $3,150,000.

F. Construction Contract: Bids will be received for the following Work:

1. General Contract (all trades).

1.2 BID SUBMITTAL AND OPENING

A. Owner will receive sealed bids until the bid time and date at the location given below. Owner will consider bids prepared in compliance with the Instructions to Bidders issued by Owner, and delivered as follows:

1. Bid Date: October 13, 2026.

2. Bid Time: 2:00 p.m, local time.

3. Location: Wayne County Courthouse Board of Commissioners Meeting Room, 224

E Walnut Street, 4th floor, Goldsboro, NC 27530.

Genoa Gravity Sewer Rehabilitation Phase - I Advertisement for Bids Wayne County, North Carolina 001113 - 2

ISSUED FOR BID

B. Bids will be thereafter publicly opened and read aloud.

1.3 BID SECURITY

A. Bid security shall be submitted with each bid in the amount of 5 percent of the bid amount. No bids may be withdrawn for a period of 60 days after opening of bids. Owner reserves the right to reject any and all bids and to waive informalities and irregularities.

1.4 PREBID MEETING

A. Prebid Meeting: A Prebid meeting for all bidders will be held at the Wayne County Courthouse Board of Commissioners Meeting Room,224 E Walnut Street, 4th floor, Goldsboro, NC 27530 on September 24, 2026 at 11:00 a.m. Prospective prime bidders are required to attend.

1. Bidders' Questions: Engineer will provide responses at Prebid conference to bidders' questions received up to two business days prior to conference.

2. General contractors are required to attend in person.

1.5 DOCUMENTS

A. Contracting Documents: Complete Bidding Documents may be obtained from Accent Imaging, 8121 Brownleigh Drive, Raleigh, NC 27617, (919) 782-3332, or at www.planscope.com (Accent Imaging’s Planroom). A hard copy of the Bidding Documents plus electronic files may be obtained for a non-refundable fee of two hundred dollars ($200.00). Alternatively, an electronic copy of the Bidding Documents can be obtained at no charge. Additionally, Bidding Documents may be obtained in electronic format through Wayne County’s website:

https://www.waynegov.com/Bids.aspx. Bids will only be accepted from companies listed on the bidders list. To remain up to date on any Addenda, changes, or information notices, please send an email to bunchjw@cdmsmith.com and malinauskasdg@cdmsmith.com indicating your intention to prepare a Bid for the Project. Failure to complete this step may render your Bid non-responsive.

B. With each request for Bidding Documents, supply the following information: Company name, contact person, street address, phone number, and email address for Bidding point of contact;

NC contractor’s license with limitation and classification; indicate if the firm will be a Prime bidder, Supplier or Sub-Contractor. Neither the County nor the Engineer will be responsible for full or partial sets of Bid Documents including any addendum obtained from any other source.

C. Bidding Documents may also be viewed at Engineer’s office.

1.6 TIME OF COMPLETION AND LIQUIDATED DAMAGES

A. Successful bidder shall begin the Work on receipt of the Notice to Proceed and shall complete the Work within the Contract Time. Work is subject to liquidated damages.

Genoa Gravity Sewer Rehabilitation Phase - I Advertisement for Bids Wayne County, North Carolina 001113 - 3

ISSUED FOR BID

1.7 BIDDER'S QUALIFICATIONS

A. Bidders must be properly licensed under the laws governing their respective trades and be able to obtain insurance and bonds required for the Work. A Performance Bond, separate Labor and Material Payment Bond, and Insurance in a form acceptable to Owner will be required of the successful Bidder.

1.8 NOTIFICATION

A. This Advertisement for Bids document is issued by Wayne County.

END OF DOCUMENT 001113

Genoa Gravity Sewer Rehabilitation Phase - I Invitation to Bid

Wayne County, North Carolina 001116.16 - 1

SECTION 001116.16 - INVITATION TO BID (OUTSIDE OF MASS)

Wayne County (Name of Owner)

Wastewater Pump Station and Gravity Sewer Rehabilitation (Category of Improvement)

Genoa Gravity Sewer Rehabilitation - Phase I (Contract Title)

INVITATION TO BID

Sealed Bids for construction of Genoa Gravity Sewer Rehabilitation - Phase I will be received by Wayne County at the office of the [___________________________________________________________________] until [_________ [AM] [PM]],[__________, 20__] and at that time and place bids will be publicly opened and read aloud.

Contract Documents are available as described in Section 001113 “Advertisement for Bids”.

Each Bid shall be submitted in accordance with the Instructions to Bidders and shall be accompanied by a

Bid Security in the amount of five percent of the Bid.

Bidders may not withdraw their Bids for a period of thirty days, excluding Saturdays, Sundays, and legal holidays after the actual date of the opening of the Bids.

The Successful Bidder must furnish a 100 percent Performance Bond and a 100 percent Payment Bond with a surety company acceptable to the Owner.

Complete instructions for filing Bids are included in the Instructions to Bidders.

The Owner reserves the right to waive any informality in or to reject any or all Bids if deemed to be in its best interest.

Kendall Lee

Facility Services Director, Wayne County

END OF DOCUMENT 001116.16

are

Genoa Gravity Sewer Rehabilitation Phase - I Instructions to Bidders

Wayne County, North Carolina 002113.16 - 1

SECTION 002113.16 - INSTRUCTIONS TO BIDDERS

INSTRUCTIONS TO BIDDERS

ARTICLE 1. QUALIFICATIONS OF BIDDERS

1.1 Bidders may be investigated by OWNER to determine if they are qualified to perform the Work. All

Bidders shall be prepared to submit within five days of OWNER's or ENGINEER's request, written evidence of such information and data necessary to make this determination.

1.2 The investigation of a Bidder will seek to determine whether the organization is adequate in size, is authorized to do business in the jurisdiction where the project is located, has had previous experience and whether available equipment and financial resources are adequate to assure OWNER that the Work will be completed in accordance with the terms of the Agreement. The amount of other work to which the

Bidder is committed may also be considered.

1.3 In evaluating Bids, OWNER will consider the qualifications of only those Bidders whose Bids are in compliance with the prescribed requirements.

1.4 OWNER reserves the right to reject any Bid if the evidence submitted by, or the investigation of, such Bidder fails to satisfy OWNER that such Bidder is properly qualified to carry out the obligations of the Contract Documents and to complete the Work contemplated therein.

ARTICLE 2. COPIES OF CONTRACT DOCUMENTS

2.1 Complete sets of Contract Documents shall be used in preparing Bids; neither OWNER nor

ENGINEER assume any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Contract Documents.

2.2 OWNER and ENGINEER in making copies of Contract Documents available do so only for the purpose of obtaining Bids on the Work and do not confer a license or grant for any other use.

ARTICLE 3. EXAMINATION OF CONTRACT DOCUMENTS AND SITE

3.1 Before submitting a Bid, each Bidder must (a) examine the Contract Documents thoroughly, (b) visit the site to become familiar with local conditions that may in any manner affect cost, progress or performance of the Work, (c) become familiar with Federal, State and local laws, ordinances, rules and regulations that may in any manner affect cost, progress or performance of the Work; and (d) study and carefully correlate Bidder's observations with the requirements of the Contract Documents.

3.2 Surveys and investigative reports of subsurface or latent physical conditions at the site which have been relied upon by ENGINEER in preparing the Contract Documents are identified in Article 5 of the

Supplementary Conditions. Copies of these reports will be provided by Wayne County upon request.

These reports are not guaranteed or warranted as to accuracy or completeness, nor are they part of the

Contract Documents.

Genoa Gravity Sewer Rehabilitation Phase - I Instructions to Bidders

Wayne County, North Carolina 002113.16 - 2

ISSUED FOR BID

3.3 Before submitting a Bid, Bidders may, at their own expense, make such additional investigations and tests as they may deem necessary to determine their Bid for performance of the Work in accordance with the time, price and other terms and conditions of the Contract Documents.

3.4 On request, OWNER will provide each Bidder access to the site to conduct such investigations and tests as each Bidder deems necessary for the submission of a Bid.

3.5 The lands upon which the Work is to be performed, rights-of-way for access thereto and other lands designated for use by CONTRACTOR in performing the Work are identified in the Supplementary

Conditions, General Requirements or on the Drawings.

3.6 The submission of a Bid will constitute an incontrovertible representation that the Bidder has complied with every requirement of this Article 3 and that the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the Work.

ARTICLE 4. INTERPRETATIONS

4.1 All questions about the meaning or intent of the Contract Documents shall be received in writing by

CDM Smith, 4130 Parklake Ave #350, Raleigh, NC 27612 Attn: Michael Pollard, PM

(PollardMA@cdmsmith.com), at least ten days before the date set herein for the opening of bids.

4.2 Written clarifications or interpretations will be issued by Addenda not later than five days before the bid opening date. Only questions answered by formal written Addenda will be binding. Oral and other clarifications or interpretations will be without legal effect. Addenda will be sent via email or posted on the project website to all parties recorded as having received the Contract Documents.

4.3 Bidders are responsible for determining that they have received all Addenda issued.

ARTICLE 5. PRE-BID CONFERENCE

5.1 A mandatory pre-bid conference will be held on [________, ___ 20__] at [_________ [AM][PM] at

[______ ______________________________________] to discuss the requirements of the Contract

Documents.

ARTICLE 6. BID SECURITY

6.1 Each Bid must be accompanied by cash, bid bond, or a certified check on, or a treasurer's or cashier's check issued by, a responsible bank or trust company, payable to OWNER. The Bid Security shall be in the amount stated in the Invitation to Bid. Bid Security shall be sealed in a separate envelope from the

Bid and then attached to the envelope containing the Bid. All Bid Securities except those of the three lowest responsible and eligible Bidders will be returned within five days, Saturdays, Sundays, and legal holidays excluded, after opening of the Bids. All Bid Securities will be returned on the execution of the

Agreement or if no award is made, within sixty days, excluding Saturdays, Sundays and legal holidays after the actual date of opening of the Bids, unless forfeited under the conditions herein stipulated.

6.2 In case a party to whom a Contract is awarded shall fail or neglect to execute the Agreement and furnish the satisfactory bonds within the time specified, OWNER may determine that the Bidder has abandoned the Contract, and thereupon the Bid Forms and acceptance shall be null and void and the Bid

Security accompanying the Bid Form shall be forfeited to OWNER as liquidated damages for such failure

Genoa Gravity Sewer Rehabilitation Phase - I Instructions to Bidders

Wayne County, North Carolina 002113.16 - 3

ISSUED FOR BID

or neglect and to indemnify said OWNER for any loss which may be sustained by failure of the Bidder to execute the Agreement and furnish the bonds as aforesaid, provided that the amount forfeited to OWNER shall not exceed the difference between the Bid Price of said Bidder and that of the next lowest responsible and eligible bidder and provided further that, in case of death, disability, or other unforeseen circumstances affecting the Bidder, such Bid Security may be returned to the Bidder. After execution of the Agreement and acceptance of the bonds by OWNER, the Bid Security accompanying the Bid Form of the Successful Bidder will be returned.

ARTICLE 7. PERFORMANCE, PAYMENT AND OTHER BONDS

7.1 Performance, Payment and other Bonds shall be provided in accordance with Article 6 of the

Conditions of the Contract.

7.2 All Bonds required as Contract Security shall be furnished with the executed Agreement.

ARTICLE 8. BID FORM

8.1 Each Bid shall be submitted on the Bid Form on the perforated pages appended to the Project

Manual. The Bid Form shall be removed and submitted separately. All blank spaces for Bid prices must be filled in with the unit price for the item or the lump sum for which the Bid is made.

8.2 Bid Forms shall be completed in ink or by typewriter. The Bid price of each item on the form shall be stated in words, and figures. If unit prices are required on the Bid Form, discrepancies between unit prices and their respective total amounts will be resolved in favor of the unit prices. Discrepancies between words and figures will be resolved in favor of words. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

8.3 Bids by corporations 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) and the corporate seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

8.4 Bids by Limited Liability Companies shall be executed in the Limited Liability name by the Manager

(or other Limited Liability Company officer/representative accompanied by evidence of authority to sign.) The Limited Liability Company address and state where the Limited Liability Company was formed shall be shown below the signature.

8.5 Bids by partnerships shall be executed in the partnership name and signed by a partner, whose title shall appear under the signature. The official address of the partnership shall be shown below the signature.

8.6 All names shall be typed or printed below the signature.

8.7 The Bid shall contain an acknowledgement of receipt of all Addenda (the numbers of which shall be filled in on the Bid Form).

8.8 The address to which communications regarding the Bid are to be directed shall be shown.

8.9 One copy of each Bid shall be submitted in a sealed opaque envelope bearing on the outside the

Bidder's name, address, and the Project Title for which the Bid is submitted. (If forwarded by mail, Bid

Genoa Gravity Sewer Rehabilitation Phase - I Instructions to Bidders

Wayne County, North Carolina 002113.16 - 4

ISSUED FOR BID

and sealed envelope marked as described above shall be enclosed in another envelope with the notation

"BID ENCLOSED" on the face and addressed as indicated in the Invitation to Bid.)

ARTICLE 9. RECEIPT OF BIDS

9.1 Sealed Bids for the work of this Contract will be received at the time and place indicated in the

Invitation to Bid.

9.2 OWNER may consider informal any Bid not prepared and submitted in accordance with the provisions hereof.

9.3 Bidders are cautioned that it is the responsibility of each individual bidder to assure that their bid is in the possession of the responsible official or the designated alternate prior to the stated time and at the place of the Bid Opening. Owner is not responsible for bids delayed by mail and/or delivery services, of any nature.

ARTICLE 10. MODIFICATION AND WITHDRAWAL OF BIDS

10.1 Bids may be modified only by an appropriate document duly executed (in the manner that a Bid must be executed) and delivered to the place where Bids are to be submitted at any time prior to the opening of Bids.

10.2 Bids may be withdrawn prior to the scheduled time (or authorized postponement thereof) for the opening of Bids.

10.3 Any Bid received after the time and date specified shall not be considered. No Bid may be withdrawn for a period of sixty days, excluding Saturdays, Sundays, and legal holidays, after the actual date of the opening of the Bids.

ARTICLE 11. AWARD OF CONTRACT

11.1 The Contract will be awarded to the lowest responsible and eligible Bidder (Successful Bidder).

Such a Bidder shall possess the skill, ability, and integrity necessary for the faithful performance of the work. The term "lowest responsible and eligible Bidder" as used herein shall mean the Bidder whose Bid is the lowest of those Bidders plus any alternates possessing the skill, ability and integrity necessary to the faithful performance of the Work.

11.2 OWNER reserves the right to reject any and all Bids, to waive any and all informalities if it is in

Owner's best interest to do so, and the right to disregard all nonconforming, non-responsive or conditional

Bids.

11.3 A Bid which includes for any item a Bid Price that is abnormally low or high may be rejected as unbalanced.

11.4 OWNER also reserves the right to reject the Bid of any Bidder that OWNER considers to be unqualified relative to Article 1 above.

11.5 If the Contract is to be awarded, OWNER will give the Successful Bidder a Notice of Award within sixty days, excluding Saturdays, Sundays, and legal holidays, after the actual date of the opening of the

Bids. All bids shall remain open for sixty days, excluding Saturdays, Sundays, and legal holidays, after

Genoa Gravity Sewer Rehabilitation Phase - I Instructions to Bidders

Wayne County, North Carolina 002113.16 - 5

ISSUED FOR BID

the actual date of the opening of the Bids but OWNER may, at OWNER's sole discretion, release any Bid and return the Bid Security prior to that date.

ARTICLE 12. EXECUTION OF AGREEMENT

12.1 When OWNER gives a Notice of Award to the Successful Bidder, it will be accompanied by at least six unsigned copies of the Agreement and all other applicable Contract Documents. Within five days, excluding Saturdays, Sundays and legal holidays, after the date of receipt of such notification

CONTRACTOR shall execute and return all copies of the Agreement and all other applicable Contract

Documents to OWNER.

ARTICLE 13. SAFETY AND HEALTH REGULATIONS

13.1 This project is subject to the Safety and Health Regulations (CFR 29, Part 1926 and all subsequent amendments) as promulgated by the U.S. Department of Labor on June 24,1974 and CFR 29, Part 1910, General Industry Safety and Health Regulations Identified as Applicable to Construction.

13.2 The Successful Bidder shall comply with the Department of Labor Safety and Health Regulations for Construction promulgated under the Occupational Safety and Health Act of 1970 (PL-91-596) and under Section 107 of the Contract Work Hours and Safety Standards Act (PL-91-54).

13.3 The Successful Bidder shall have a competent person or persons, as required under the Occupational

Safety and Health Act, on the Site to inspect the Work and to supervise the conformance of the Work with the regulations of the Act.

ARTICLE 14. FEDERAL WAGE RATES

14.1 Davis Bacon (DB) Prevailing Wage Requirements

14.1.1 The following clauses shall apply to any contract in excess of $2,000 which is entered into for the actual construction, alteration and/or repair, including painting and decorating, of a treatment work under the CWSRF or a construction project under the DWSRF financed in whole or in part from Federal funds or in accordance with guarantees of a Federal agency or financed from funds obtained by pledge of any contract of a Federal agency to make a loan, grant or annual contribution (except where a different meaning is expressly indicated), and which is subject to the labor standards provisions of any of the acts listed in § 5.1 or the FY 2012 Appropriations Act, the following clauses:

(1) Minimum wages.

(i) All laborers and mechanics employed or working upon the site of the work will be paid unconditionally and not less often than once a week, and without subsequent deduction or rebate on any account (except such payroll deductions as are permitted by regulations issued by the Secretary of Labor under the Copeland Act (29 CFR part 3)), the full amount of wages and bona fide fringe benefits (or cash equivalents thereof) due at time of payment computed at rates not less than those contained in the wage determination of the Secretary of Labor which is attached hereto and made a part hereof, regardless of any contractual relationship which may be alleged to exist between the contractor and such laborers and mechanics.

Contributions made or costs reasonably anticipated for bona fide fringe benefits under section 1 (b)(2) of the Davis-Bacon Act on behalf of laborers or mechanics are considered wages paid to such laborers or mechanics, subject to the provisions of paragraph (a)(l)(iv) of this section; also, regular contributions

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made or costs incurred for more than a weekly period (but not less often than quarterly) under plans, funds, or programs which cover the particular weekly period, are deemed to be constructively made or incurred during such weekly period. Such laborers and mechanics shall be paid the appropriate wage rate and fringe benefits on the wage determination for the classification of work actually performed, without regard to skill, except as provided in § 5.5(a)(4). Laborers or mechanics performing work in more than one classification may be compensated at the rate specified for each classification for the time actually worked therein, provided that the employer's payroll records accurately set forth the time spent in each classification in which work is performed. The wage determination (including any additional classification and wage rates conformed under paragraph (a)(l)(ii) of this section) and the Davis-Bacon poster (WH-1321) shall be posted at all times by the contractor and its subcontractors at the site of the work in a prominent and accessible place where it can be easily seen by the workers.

(ii)(A) The Owner(s), on behalf of EPA, shall require that any class of laborers or mechanics, including helpers, which is not listed in the wage determination and which is to be employed under the contract shall be classified in conformance with the wage determination. The State award official shall approve a request for an additional classification and wage rate and fringe benefits therefore only when the following criteria have been met:

(1) The work to be performed by the classification requested is not performed by a classification in the wage determination; and

(2) The classification is utilized in the area by the construction industry; and

(3) The proposed wage rate, including any bona fide fringe benefits, bears a reasonable relationship to the wage rates contained in the wage determination.

(B) If the contractor and the laborers and mechanics to be employed in the classification (if known) or their representatives, and the Owner(s) agree on the classification and wage rate (including the amount designated for fringe benefits where appropriate), documentation of the action taken and the request, including the local wage determination shall be sent by the Owner(s) to the State award official. The State award official will transmit the request, to the Administrator of the Wage and Hour Division, Employment Standards Administration, U.S. Department of Labor, Washington, DC 20210 and to the

EPA DB Regional Coordinator concurrently. The Administrator, or an authorized representative, will approve, modify, or disapprove every additional classification request within 30 days of receipt and so advise the State award official or will notify the State award official within the 30-day period that additional time is necessary.

(C) In the event the contractor, the laborers or mechanics to be employed in the classification or their representatives, and the Owner(s) do not agree on the proposed classification and wage rate (including the amount designated for fringe benefits, where appropriate), the award official shall refer the request and the local wage determination, including the views of all interested parties and the recommendation of the

State award official, to the Administrator for determination. The request shall be sent to the EPA DB

Regional Coordinator concurrently. The Administrator, or an authorized representative, will issue a determination within 30 days of receipt of the request and so advise the contracting officer or will notify the contracting officer within the 30-day period that additional time is necessary.

(D) The wage rate (including fringe benefits where appropriate) determined pursuant to paragraphs

(a)(l)(ii)(B) or (C) of this section, shall be paid to all workers performing work in the classification under this contract from the first day on which work is performed in the classification.

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(iii) Whenever the minimum wage rate prescribed in the contract for a class of laborers or mechanics includes a fringe benefit which is not expressed as an hourly rate, the contractor shall either pay the benefit as stated in the wage determination or shall pay another bona fide fringe benefit or an hourly cash equivalent thereof.

(iv) If the contractor does not make payments to a trustee or other third person, the contractor may consider as part of the wages of any laborer or mechanic the amount of any costs reasonably anticipated in providing bona fide fringe benefits under a plan or program, provided that the Secretary of Labor has found, upon the written request of the contractor, that the applicable standards of the Davis-Bacon Act have been met. The Secretary of Labor may require the contractor to set aside in a separate account assets for the meeting of obligations under the plan or program.

(2) Withholding. The Owner(s) shall, upon written request of the EPA Award Official or an authorized representative of the Department of Labor, withhold or cause to be withheld from the contractor under this contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to Davis-Bacon prevailing wage requirements, which is held by the same prime contractor, so much of the accrued payments or advances as may be considered necessary to pay laborers and mechanics, including apprentices, trainees, and helpers, employed by the contractor or any subcontractor the full amount of wages required by the contract. In the event of failure to pay any laborer or mechanic, including any apprentice, trainee, or helper, employed or working on the site of the work, all or part of the wages required by the contract, the (Agency) may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds until such violations have ceased.

(3) Payrolls and basic records.

(i) Payrolls and basic records relating thereto shall be maintained by the contractor during the course of the work and preserved for a period of three years thereafter for all laborers and mechanics working at the site of the work. Such records shall contain the name, address, and social security number of each such worker, their correct classification, hourly rates of wages paid (including rates of contributions or costs anticipated for bona fide fringe benefits or cash equivalents thereof of the types described in section l(b)(2)(B) of the Davis-Bacon Act), daily and weekly number of hours worked, deductions made and actual wages paid. Whenever the Secretary of Labor has found under 29 CFR 5.5(a)(l)(iv) that the wages of any laborer or mechanic include the amount of any costs reasonably anticipated in providing benefits under a plan or program described in section l(b)(2)(B) of the Davis-Bacon Act, the contractor shall maintain records which show that the commitment to provide such benefits is enforceable, that the plan or program is financially responsible, and that the plan or program has been communicated in writing to the laborers or mechanics affected, and records which show the costs anticipated or the actual cost incurred in providing such benefits. Contractors employing apprentices or trainees under approved programs shall maintain written evidence of the registration of apprenticeship programs and certification of trainee programs, the registration of the apprentices and trainees, and the ratios and wage rates prescribed in the applicable programs.

(ii)(A) The contractor shall submit weekly, for each week in which any contract work is performed, a copy of all payrolls to the Owner, that is, the entity that receives the sub-grant or loan from the State capitalization grant recipient. Such documentation shall be available on request of the State recipient or

EPA. As to each payroll copy received, the Owner shall provide written confirmation in a form satisfactory to the State indicating whether or not the project is in compliance with the requirements of 29

CFR 5.5(a)(l) based on the most recent payroll copies for the specified week. The payrolls shall set out accurately and completely all of the information required to be maintained under 29 CFR 5.5(a)(3)(i), except that full social security numbers and home addresses shall not be included on the weekly payrolls.

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Instead the payrolls shall only need to include an individually identifying number for each employee (e.g., the last four digits of the employee's social security number). The required weekly payroll information may be submitted in any form desired. Optional Form WH-347 is available for this purpose from the

Wage and Hour Division Web site at http://www.dol.gov/esa/whd/forms/wh347instr.htm or its successor site. The prime contractor is responsible for the submission of copies of payrolls by all subcontractors.

Contractors and subcontractors shall maintain the full social security number and current address of each covered worker and shall provide them upon request to the Owner(s) for transmission to the State or EPA if requested by EPA, the State, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. It is not a violation of this section for a prime contractor to require a subcontractor to provide addresses and social security numbers to the prime contractor for its own records, without weekly submission to the Owner(s).

(B) Each payroll submitted shall be accompanied by a "Statement of Compliance," signed by the contractor or subcontractor or its agent who pays or supervises the payment of the persons employed under the contract and shall certify the following:

(1) That the payroll for the payroll period contains the information required to be provided under § 5.5

(a)(3)(ii) of Regulations, 29 CFR part 5, the appropriate information is being maintained under § 5.5

(a)(3)(i) of Regulations, 29 CFR part 5, and that such information is correct and complete;

(2) That each laborer or mechanic (including each helper, apprentice, and trainee) employed on the contract during the payroll period has been paid the full weekly wages earned, without rebate, either directly or indirectly, and that no deductions have been made either directly or indirectly from the full wages earned, other than permissible deductions as set forth in Regulations, 29 CFR part 3;

(3) That each laborer or mechanic has been paid not less than the applicable wage rates and fringe benefits or cash equivalents for the classification of work performed, as specified in the applicable wage determination incorporated into the contract.

(C) The weekly submission of a properly executed certification set forth on the reverse side of Optional

Form WH-347 shall satisfy the requirement for submission of the "Statement of Compliance" required by paragraph (a)(3)(ii)(B) of this section.

(D) The falsification of any of the above certifications may subject the contractor or subcontractor to civil or criminal prosecution under section 1001 of title 18 and section 231 of title 31 of the United States

Code.

(iii) The contractor or subcontractor shall make the records required under paragraph (a)(3)(i) of this section available for inspection, copying, or transcription by authorized representatives of the State, EPA or the Department of Labor, and shall permit such representatives to interview employees during working hours on the job. If the contractor or subcontractor fails to submit the required records or to make them available, the Federal agency or State may, after written notice to the contractor, sponsor, applicant, or owner, take such action as may be necessary to cause the suspension of any further payment, advance, or guarantee of funds. Furthermore, failure to submit the required records upon request or to make such records available may be grounds for debarment action pursuant to 29 CFR 5.12.

(4) Apprentices and trainees

(i) Apprentices. Apprentices will be permitted to work at less than the predetermined rate for the work they performed when they are employed pursuant to and individually registered in a bona fide apprenticeship program registered with the U.S. Department of Labor, Employment and Training

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Administration, Office of Apprenticeship Training, Employer and Labor Services, or with a State

Apprenticeship Agency recognized by the Office, or if a person is employed in their first 90 days of probationary employment as an apprentice in such an apprenticeship program, who is not individually registered in the program, but who has been certified by the Office of Apprenticeship Training, Employer and Labor Services or a State Apprenticeship Agency (where appropriate) to be eligible for probationary employment as an apprentice. The allowable ratio of apprentices to journeymen on the job site in any craft classification shall not be greater than the ratio permitted to the contractor as to the entire work force under the registered program. Any worker listed on a payroll at an apprentice wage rate, who is not registered or otherwise employed as stated above, shall be paid not less than the applicable wage rate on the wage determination for the classification of work actually performed. In addition, any apprentice performing work on the job site in excess of the ratio permitted under the registered program shall be paid not less than the applicable wage rate on the wage determination for the work actually performed. Where a contractor is performing construction on a project in a locality other than that in which its program is registered, the ratios and wage rates (expressed in percentages of the journeyman's hourly rate) specified in the contractor's or subcontractor's registered program shall be observed. Every apprentice must be paid at not less than the rate specified in the registered program for the apprentice's level of progress, expressed as a percentage of the journeymen hourly rate specified in the applicable wage determination.

Apprentices shall be paid fringe benefits in accordance with the provisions of the apprenticeship program.

If the apprenticeship program does not specify fringe benefits, apprentices must be paid the full amount of fringe benefits listed on the wage determination for the applicable classification. If the Administrator determines that a different practice prevails for the applicable apprentice classification, fringes shall be paid in accordance with that determination. In the event the Office of Apprenticeship Training, Employer and Labor Services, or a State Apprenticeship Agency recognized by the Office, withdraws approval of an apprenticeship program, the contractor will no longer be permitted to utilize apprentices at less than the applicable predetermined rate for the work performed until an acceptable program is approved.

(ii) Trainees. Except as provided in 29 CFR 5.16, trainees will not be permitted to work at less than the predetermined rate for the work performed unless they are employed pursuant to and individually registered in a program which has received prior approval, evidenced by formal certification by the U.S.

Department of Labor, Employment and Training Administration. The ratio of trainees to journeymen on the job site shall not be greater than permitted under the plan approved by the Employment and Training

Administration. Every trainee must be paid at not less than the rate specified in the approved program for the trainee's level of progress, expressed as a percentage of the journeyman hourly rate specified in the…