Honeysuckle Road Phase 1 Paving Restoration.pdf

Orange Water and Sewer Authority

Our community’s trusted partner for clean water and environmental protection.

Project Manual for the

Honeysuckle Rd. Phase I Paving Restoration

275-20

Prepared by: Adam Holloway

Orange Water and Sewer Authority

Carrboro, North Carolina

919-968-4421

Table of Contents

ARTICLE 1 - DEFINED TERMS

ARTICLE 2 - BIDDING DOCUMENTS AND BID DATES

ARTICLE 3 - QUALIFICATIONS OF BIDDERS

ARTICLE 4 - SITE CONDITIONS, SAFETY, AND RELATED WORK

ARTICLE 5 – BIDDER’S REPRESENTATIONS

ARTICLE 6 - PRE-BID CONFERENCE

ARTICLE 7 - INTERPRETATIONS AND ADDENDA

ARTICLE 8 - BID SECURITY-NOT USED

ARTICLE 9 - CONTRACT TIMES

ARTICLE 10 - LIQUIDATED DAMAGES

ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS

ARTICLE 13 - PREPARATION OF BID

ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS

ARTICLE 15 - SUBMITTAL OF BID

ARTICLE 17 - OPENING OF BIDS

ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT

ARTICLE 20 – INSURANCE

ARTICLE 21 - SIGNING OF AGREEMENT

ARTICLE 22 - SALES AND USE TAXES

Attachment A--------------Bid Submission Form

Attachment B--------------Technical Specifications

Attachment C--------------Minimum Insurance Requirements

Attachment D--------------Non–collusion Affidavit for Contractor’s

Attachment E--------------Non-collusion Affidavit for Subcontractor(s)

Attachment F--------------Equal Employment Opportunity Certification

Attachment G--------------E-Verify Affidavit

Attachment H--------------Certification Regarding Conflict of Interest

Attachment I---------------Iran Divestment Act Certification

Attachment J---------------Companies Boycotting Israel Divestment Act Certification Form

Attachment K--------------Bidder’s Checklist

Attachment L--------------Informal Construction Contract

ARTICLE 1 - DEFINED TERMS

1.01 Terms used in these Instructions to Bidders which are defined in the Standard General Conditions of the Construction Contract, EJCDC C-700 (2013 edition) and modified by Orange Water and Sewer Authority (Copyright 2013) shall have the meanings assigned to them in the General Conditions as modified, changed, added to or deleted by the General Conditions.

Issuing Office - The office at which the Bidding Documents are to be received.

The term “Successful Bidder” means the lowest, qualified, responsive and responsible Bidder to whom Owner (on the basis of Owner’s evaluation as hereinafter provided) makes an Award.

ARTICLE 2 - BIDDING DOCUMENTS AND BID DATES

2.01 The Bidding Documents are identified as “Project Manual including Bidding Documents, Contract Documents, and Technical Specifications for CIP No. 275-20 Project: “ Honeysuckle Rd. Phase I Paving Restoration”

2.02 Beginning on 12, August 2026, the Contract Documents will be on file in in the Administrative Offices, 400 Jones Ferry Road, Carrboro, North Carolina. Copies of the Contract Documents may be obtained by contacting Adam Holloway by email at Aholloway@owasa.org.

2.03 The Contract Documents may be viewed free of charge at the Administrative Offices, 400 Jones Ferry Road, Carrboro, North Carolina.

2.04 To ensure that all Bidders are kept up-to-date on any Addenda, changes, or information notices, please send an e-mail to: Adam Holloway at Aholloway@owasa.org indicating your intention to prepare a Bid for the Project. Failure to complete this step may render your Bid as non-responsive.

2.05 Complete sets of Bidding Documents shall be used in preparing Bids; neither Orange Water and Sewer Authority nor the Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.06 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.

2.07 Orange Water and Sewer Authority 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.

2.08 Bidders [are strongly encouraged to attend a non-mandatory] [are required to attend a mandatory] Pre-Bid Conference at [TIME] P.M., local time, on [DAY] , [MONTH] , 20[YEAR] at the [INSERT LOCATION] , in the Administrative Offices, 400 Jones Ferry Road, Carrboro, North Carolina.

2.09 Bids will be received by Orange Water and Sewer Authority from Bidders until 2:00 P.M., local time, on 1, September 2026 in the Administrative Offices, 400 Jones Ferry Road, Carrboro, NC 27510, or by email to the Project Manager at Aholloway@owasa.org. If Bids are submitted electronically, the time of submission will be the time received by the Project Manager.

mailto:Aholloway@owasa.org mailto:Aholloway@owasa.org

ARTICLE 3 - QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit with its Bid written evidence establishing its qualifications such as previous experience and present commitments, as described in Article 11 of the Proposal.

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

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

ARTICLE 4 - SITE CONDITIONS, SAFETY, AND RELATED WORK

4.01 Site and Other Areas

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

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

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

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site are set forth in the Contract Documents and are based upon information and data furnished to Orange Water and Sewer Authority and Engineer by owners of such Underground Facilities, including Orange Water and Sewer Authority, or others

C. Adequacy of Data: 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 subsurface or physical conditions appear in Paragraphs 5.03, 5.04, and 5.05 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition 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 Specifications or identified in the Contract Documents to be within the Scope of Work, appear in Paragraph 5.06 of the General Conditions.

4.03 Site Visit and Testing by Bidders

A. Bidder shall conduct the required Site visit during normal working hours, (9:00 a.m.

to 4:00 p.m., Monday through Friday) and shall not disturb any ongoing operations at the Site.

B. On request, and to the extent Orange Water and Sewer Authority has control over the Site, and schedule permitting, Orange Water and Sewer Authority will provide Bidder access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary 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.

C. Orange Water and Sewer Authority will not have any obligation to grant such access if doing so is not practical because of existing operations, security, or safety concerns, or restraints on Orange Water and Sewer Authority’s authority regarding the Site.

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

E. 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 Orange Water and Sewer Authority Project Manager (919- 968-4421).

F. The Bidder shall not access any Site without written permission from Orange Water and Sewer Authority. The Bidder shall be responsible for any damage (including damage to any underground utility and acceptable restoration) as a result of additional subsurface investigations.

4.04 Orange Water and Sewer Authority’s Safety Program

A. Site visits and Work at the Site are to be in accordance with Orange Water and Sewer Authority’s safety program. As the General Conditions indicate, an Owner’s safety program exists.

4.05 Other Work at the Site

A. Reference is made to the General Conditions for the identification of the general nature of other Work of which Orange Water and Sewer Authority is aware (if any) that is to be performed at the Site by Orange Water and Sewer Authority or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. Subsurface data are offered in good faith solely for the purpose of placing the Bidder in receipt of all information available to Orange Water and Sewer Authority and Engineer, and in no event is to be considered part of the Contract Documents.

ARTICLE 5 – BIDDER’S REPRESENTATIONS

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

A. examine and carefully study the Bidding Documents, and any data and reference items identified in the Bidding Documents;

B. visit the Site, conduct a thorough, alert visual examination of the Site and adjacent areas, and become familiar with and satisfy itself as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

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

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or adjacent to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the General Conditions, especially with respect to Technical Data in such reports and drawings, and (2) reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, especially with respect to Technical Data in such reports and drawings;

E. consider the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder; and (3) Bidder’s safety precautions and programs;

F. 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, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto;

G. agree based on the information and observations referred to in the preceding paragraph, that at the time of submitting its Bid 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 bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents;

H. become aware of the general nature of the Work to be performed by Orange Water and Sewer Authority and others at the Site that relates to the Work as indicated in the Bidding Documents;

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

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

K. 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;

L. the submission of a Bid will constitute an incontrovertible representation by the Bidder that Bidder has complied with every requirement of this Article 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.

ARTICLE 6 - PRE-BID CONFERENCE

6.01 Pre-Bid Conference date, time, and location is found in Article 2. Representatives of Orange Water and Sewer Authority, and the Engineer will be present to discuss the Project. Bidders are strongly encouraged to participate in the conference. Engineer will transmit to all prospective Bidders of record, such Addenda as Engineer, considers necessary in response to questions arising from the Pre-Bid Conference. Oral statements may not be relied upon and shall not be binding or legally effective.

6.02 Bidder questions pertaining to the Work and M/WBE participation will be addressed at the Pre-Bid Conference.

ARTICLE 7 - INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents shall be submitted in writing to: Adam Holloway at Aholloway@owasa.org. 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 at least twenty-four (24) hours before Bids are opened. Questions received less than five (5) 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.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Orange Water and Sewer Authority or Engineer.

7.03 It shall be the Bidder's sole responsibility to make inquiry as to the Addenda issued.

All such Addenda shall become a part of the Contract Documents and Bidder shall be bound by such Addenda, whether or not received by the Bidder.

ARTICLE 8 - BID SECURITY-NOT USED

ARTICLE 9 - CONTRACT TIMES

9.01 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 Bidder shall commence Work on the date specified in the Notice to Proceed, and shall complete the Work within the stipulated Contract Time.

ARTICLE 10 - LIQUIDATED DAMAGES

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

ARTICLE 11 - SUBSTITUTE AND “OR-EQUAL” ITEMS

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

11.02 The burden of proof of the merit of the proposed item is upon Bidder. The Engineer’s decision of approval or disapproval of a proposed item will be final.

11.03 All prices that Bidder sets forth in its Bid shall be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as supplemented by Addenda. Any assumptions regarding the possibility of post-Bid approvals of “or-equal” or substitution requests are made at Bidder’s sole risk.

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 A Non-Collusion Affidavit Form for all Subcontractors shall be filed with Orange Water and Sewer Authority within five (5) days after the Bid opening.

12.03 Orange Water and Sewer Authority reserves the right to reject a proposed Subcontractor for reasonable cause.

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

12.05 Subsequent to the submittal of the Bid, Orange Water and Sewer Authority may not require the Successful Bidder or Contractor to retain any Subcontractor, Supplier, individual, or entity against which Contractor has reasonable objection.

ARTICLE 13 - PREPARATION OF BID

13.01 Bids shall be submitted on the Bid Form included in the Bidding Documents. Bidders shall complete and submit all required forms, certifications, affidavits, and attachments contained in the solicitation package.

13.02 Bid prices shall include all labor, materials, equipment, tools, supervision, transportation, permits, taxes, incidentals, and all other costs necessary to fully complete the Work in accordance with the Contract Documents, Drawings, Technical Specifications, applicable regulatory requirements, and any agency having jurisdiction over the Project.

13.03 All blanks on the Bid Form shall be completed in ink or typed. The Bid Form shall be signed by an authorized representative of the Bidder. Erasures or corrections shall be initialed by the person signing the Bid. In the event of a discrepancy between written words and numerical figures, the written words shall govern. Conditional, qualified, or restricted bids may be considered non-responsive.

13.04 A Bid Price shall be provided for each bid item unless otherwise indicated. Failure to provide pricing for all required bid items may result in rejection of the Bid. Unbalanced bids may also be rejected at the discretion of OWASA.

13.05 Estimated quantities are provided for bid comparison purposes only and are not guaranteed.

Payment shall be based on actual quantities of Work performed in accordance with the Contract Documents.

13.06 No additional compensation shall be allowed for incidental work necessary to complete the Project unless specifically identified in the Contract Documents. Incidental costs may include, but are not limited to, temporary utilities, deliveries, storage, layout, surveying, staking, mobilization, and cleanup.

13.07 Bid amounts shall be shown in both numerals and written words.

13.08 The Bid shall include acknowledgment of all issued Addenda in the space provided on the Bid Form. Failure to acknowledge all Addenda may result in the Bid being considered non-responsive.

ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS

14.01 Unit Price

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

B. The “Bid Price” for each unit price Bid item will be the product of the “Estimated Quantity” for the item and the corresponding “Bid Unit Price” offered by the Bidder.

The total of all unit price Bid items will be the sum of these “Bid Prices”; such total will be used by Owner for Bid comparison purposes. The final quantities and Contract Price will be determined in accordance with Paragraph 13.03 of the General Conditions.

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

D. The Bid Price shall include such amounts as the Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Article 13 of the General Conditions.

ARTICLE 15 - SUBMITTAL OF BID

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

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

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

15.04 Bids will be received by Orange Water and Sewer Authority from Bidders as indicated in Article 2.

15.05 Bids received after the time listed will be returned to the Bidder unopened.

15.06 If the Bidder chooses delivery of the Bid by means other than in person, neither Orange Water and Sewer Authority nor the Engineer assumes responsibility for delivery to the Bid opening. In such instances, the Bidder shall have no claim against Orange Water and Sewer Authority or Engineer.

15.07 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 Orange Water and Sewer Authority’s sole discretion.

15.08 Bid Forms, appendices, and enclosures which are improperly prepared may be declared unacceptable at Orange Water and Sewer Authority’s sole discretion.

15.09 Failure to provide required insurance information may invalidate the Bid and therefore be considered non-responsive at Orange Water and Sewer Authority’s sole discretion.

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for the opening of Bids. Upon receipt of such notice, the unopened Bid will be returned to the Bidder.

16.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 16.01, and submit a new Bid prior to the date and time for the opening of Bids.

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

ARTICLE 17 - OPENING OF BIDS

17.01 OWASA reserves the right to publicly open bids or review bids internally.

ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but Orange Water and Sewer Authority may, in its sole discretion, release any Bid prior to the end of this period.

ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Orange Water and Sewer Authority reserves the right to reject any or all Bids, including, without limitation, any nonconforming, non-responsive, unbalanced, or conditional Bid.

Orange Water and Sewer Authority further reserves the right to reject the Bid of any Bidder determined, after reasonable inquiry and evaluation, to be not responsible. Orange Water and Sewer Authority also reserves the right to waive informalities or irregularities that do not affect price, quality, quantity, or performance of the Work. If the Contract is awarded, it will be awarded to the lowest responsive, responsible bidder.

19.02 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.

19.03 In evaluating Bids, Orange Water and Sewer Authority 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.

19.04 In evaluating whether a Bidders is responsible, Orange Water and Sewer Authority 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 Bidding Documents.

19.05 Orange Water and Sewer Authority may conduct such investigations as it 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.

19.06 If the contract is awarded, it will be given to the lowest responsive, responsible bidder, considering factors such as time, quality, and performance.

19.07 Notice of Award or notice of Intent to Award will not constitute a Contract binding on Orange Water and Sewer Authority and will not obligate Orange Water and Sewer Authority to enter into a Contract with the Bidder. Orange Water and Sewer Authority will not be legally bound before Orange Water and Sewer Authority executes and delivers to the Bidder a written Contract.

ARTICLE 20 – INSURANCE

20.01 Article 6 of the General Conditions sets forth Orange Water and Sewer Authority requirements as to insurance. When the Successful Bidder delivers the executed Agreement to Orange Water and Sewer Authority, it shall be accompanied by such required insurance documentation.

ARTICLE 21 - SIGNING OF AGREEMENT

21.01 After Orange Water and Sewer Authority has identified the Successful Bidder, Orange Water and Sewer Authority will issue to the Successful Bidder a written Notice to Award.

21.02 Orange Water and Sewer Authority will give the apparent successful Bidder a Notice of Award within ninety (90) calendar days after the day of the Bid opening. When Orange Water and Sewer Authority 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 execute and deliver the required number of counterparts of the Agreement and attached documents to Orange Water and Sewer Authority. Within ten (10) days after execution of the Agreement by the Orange Water and Sewer Authority Board of Directors, Orange Water and Sewer Authority will deliver one fully executed counterpart to Successful Bidder.

21.03 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 by the acceptance of the Bid, and in such event, Orange Water and Sewer Authority at 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.

ARTICLE 22 - SALES AND USE TAXES

22.01 The North Carolina General Assembly adopted legislation which required that Contractors pay North Carolina Sale and Use Tax on materials, supplies, fixtures, and equipment used by the Bidder in the performance of contracts with cities, counties, and towns on Contracts dated July 1, 1961 or later. This requirement also applies to Orange Water and Sewer Authority in order that Orange Water and Sewer Authority may recover the amount of tax permitted under the law.

22.02 The following procedure in handling the North Carolina Sales Tax is applicable to this Contract. Contractor(s) shall comply fully with the requirements outlined hereinafter, in order that the Orange Water and Sewer Authority may recover the amount of tax permitted under the law.

A. It shall be the Contractor's responsibility to furnish Orange Water and Sewer Authority documentary evidence showing the materials used and sales tax paid by the Contractor and each of its Subcontractors with each payment request in a format approved by Orange Water and Sewer Authority.

B. The documentary evidence shall consist of a certified statement, by the Contractor and each of his Subcontractors individually, showing total purchases of materials from each separate vendor and total sales taxes paid each vendor. Certified statements must show the invoice number or numbers, covered and inclusive dates of such invoices.

C. Materials used from the Contractor's or Subcontractor's warehouse stock shall be shown in a certified statement at warehouse stock prices.

D. The Contractor shall not be required to certify the Subcontractor's statements.

E. The documentary evidence to be furnished to Orange Water and Sewer Authority eligible for sales or use tax refunds covers sales and/or use taxes paid on building materials used by Contractor(s) and Subcontractors in the performance of Contracts with churches, orphanages, hospitals not operated for profit and other charitable or religious institutions or organizations not operated for profit and, incorporated cities, towns, and counties in this State. The documentary evidence is to be submitted to the above-named institutions, organizations and governmental units to be included in claims for refunds to be prepared and submitted by them to obtain refunds provided by G.S. 105-164.14(2) and (3) of the 1961 Statute, and is to include the purchases of building materials, supplies, fixtures, and equipment which become a part of or annex to buildings or structures being erected, altered or repaired under Contracts with such institutions, organizations or governmental units.

22.03 The Bidder shall include North Carolina Sales and Use Tax in its Bid.

-END OF SECTION-

ATTACHMENT A

BID SUBMISSION FORM

PROJECT INFORMATION

Project Name: ____________________________________________

OWASA CIP Number: _______________________________________

Owner:

Orange Water and Sewer Authority (OWASA)

400 Jones Ferry Road

Carrboro, NC 27510

Phone: (919) 968-4421

BIDDER INFORMATION

Legal Business Name: _____________________________________

Business Description/Type of Work: ___________________________

Business Address: _________________________________________

Primary Contact Person: ____________________________________

Contact Email Address: _____________________________________

Contact Phone Number: _____________________________________

NC General Contractor License Number: _______________________

Date Submitted: ___________________________________________

BID SUBMISSION

The undersigned Bidder agrees, if awarded the Contract, to furnish all labor, materials, equipment, supervision, insurance, taxes, and incidentals necessary to complete the Work in accordance with the Contract Documents for the prices submitted herein.

ADDENDA ACKNOWLEDGEMENT

Addendum Number Date Received

UNIT PRICE BID

Item No. Description Unit Estimated Quantity Unit Price Extended Total

1 TOCH Trench Repair SY 1044

1.5” Overlay of Asphalt

Pavement

SY 1566

TOCH Milling of Asphalt

Pavement

SY 522

One 24” x 12’ Thermoplastic

Stop Bar

EA 1

Restripe Existing Bike Lane

Pavement Markings

LF 2350

Repaint Existing Roundabout

Arrows

EA 2

7 Mobilization/Demobilization EA 1

TOTAL BID AMOUNT: $________________________

Total Bid Amount Written:

TIME OF COMPLETION

Bidder agrees to substantially complete the Work within 30 consecutive calendar days after issuance of the Notice to Proceed.

BIDDER CERTIFICATIONS

By signing below, Bidder certifies that:

• Bidder has reviewed the solicitation documents and understands the scope of work;

• Bidder has visited the site as necessary to become familiar with existing conditions;

• Bidder is properly licensed to perform the Work in the State of North Carolina;

• Bidder complies with the requirements of Article 2 of Chapter 64 of the North Carolina General

Statutes (E-Verify);

• Bidder complies with the requirements of Article 6 of Chapter 143 of the North Carolina General

Statutes (Iran Divestment Act);

• Bidder submits this Bid without collusion or conflict of interest.

SIGNATURE

Authorized Signature: ______________________________________

Printed Name: ____________________________________________

Title: __________________________________________________

Company Name: ___________________________________________

Date: __________________________________________________

ATTACHMENT B

TECHNICAL SPECIFICATIONS

SECTION 01025 - MEASUREMENT AND PAYMENT:

Payment for work required by the Specifications and Details shall be based on the pay items described herein. Each pay item shall include all labor, materials, equipment, tools, incidentals, and other work necessary to provide a complete paving installation. The descriptions of the pay items may not identify every component of the Work; however, it is the intent of the Contract Documents that the Contractor provide a complete and fully functional pavement installation.

Item 1 — TOCH Trench Repair

This unit price bid item shall include furnishing all traffic control, materials, equipment, and labor for removal, disposal, and replacement, if necessary, to provide 6-inches of asphalt base course (I 19.0C) per procedure identified on Detail T-7.01. Payment for TOCH Trench Repair shall be made by the square yard of pavement installed per TOCH trench repair details provided in the contract.

Item 2 — 1.5” Overlay of Asphalt Pavement

This unit price bid item includes furnishing all traffic control, materials, equipment, and labor for placement of 1.5” of S 9.5C asphalt pavement, as shown on detail T-7.01. Payment for asphalt pavement milling shall be made on a separate line item. Payment for the 1.5” pavement overlay shall be made per square yard of asphalt placement per repair detail T-7.01.

This line item may also be utilized for payment of additional pavement repair outside the trench area if and where directed by OWASA.

Item 3 — TOCH Milling of Asphalt Pavement

This unit price bid item pertains only to areas which require pavement milling at seams with existing asphalt at the ends and/or edges of patches. Item includes furnishing all traffic control, materials, equipment, and labor for milling of 1.5" of asphalt. Payment for milling of asphalt pavement shall be made per square yard of milling per the TOCH repair detail T-7.01.

Item 4 – One 24” x 12’ Thermoplastic Stop Bar

Replace existing 24” x 12’ Thermoplastic Stop Bar per Town of Chapel Hill specifications.

Item 5 – Restripe Existing Bike Lane Pavement Markings

Restripe existing bike lane pavement markings per Town of Chapel Hill specifications.

Item 6 – Repaint Existing Roundabout Arrows

Repaint existing roundabout arrows per Town of Chapel Hill specifications.

Item 7 — Mobilization/Demobilization

This unit price item is for the costs incurred for the Contractor to mobilize equipment to the site and to demobilize from the site once a particular phase (if multiple phases are required by the Owner) of work is complete. Coordinate work status and planned activities with the Owner prior to any mobilization or demobilization.

ATTACHMENT C

MINIMUM INSURANCE REQUIREMENTS

The following insurance coverage represents the standard minimum insurance requirements for contractors, consultants, and vendors performing services or work on behalf of the Orange Water and Sewer Authority (OWASA). These requirements may be adjusted based on the level of risk associated with the work being performed.

Minimum Required Coverage

Coverage Type Minimum Limits

Commercial General Liability $1,000,000 per occurrence – Bodily

Injury

$1,000,000 per occurrence –

Property Damage

Automobile Liability (Combined Single Limit – Bodily

Injury and Property Damage) $1,000,000

Workers’ Compensation Statutory Limits (as required by

North Carolina law)

Employer’s Liability $1,000,000 each accident $1,000,000 disease – each employee $1,000,000 disease – policy limit

Excess / Umbrella Liability $4,000,000

ATTACHMENT D

NON–COLLUSION AFFIDAVIT FOR CONTRACTORS

STATE OF

COUNTY OF

___________________________________________________________being first duly sworn, deposes and says that:

(1) He/She is the:

Owner, Partner, President, Vice President or other officer with evidence of authority attached of the Bidder that has submitted the attached BID;

(2) He/She is fully informed respecting the preparation and contents of the attached Bid and of all pertinent circumstances respecting such Bid;

(3) Such BID is genuine and is not a collusive or sham Bid;

(4) Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired;

connived or agreed, directly or indirectly, with any other Bidder, firm, or person to submit a collusive or sham Bid in connection with the Contract for which the attached Bid has been submitted; or to refrain from bidding in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any Bidder, firm, or person to fix the price or prices in the attached Bid or of any other Bidder, or to fix any overhead, profit, or cost elements of the Bid price or the Bid price of any other Bidder, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against (Recipient), or any person interested in the proposed Contract;

(5) The price or prices quoted in the attached Bid are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the Bidder or any other of its agents, representatives, owners, employees or parties in interest, including this affidavit.

BY: CORPORATIONS ONLY

ITS:

Title Secretary or Assistant, attest & affix corporate seal

Subscribed and sworn to before me this ______ day of , 20

My commission expires: _________Notary Public (SEAL)

ATTACHMENT E

NON-COLLUSION AFFIDAVIT FOR SUBCONTRACTOR(S)

(DUE WITHIN 5 DAYS OF THE BID OPENING)

STATE OF

COUNTY OF

___________________________________________________________being first duly sworn, deposes and says that:

(1) He/She is of , hereinafter referred to as the “Subcontractor”;

(2) He/She is fully informed respecting the preparation and contents of the Subcontractor’s Proposal submitted by the Subcontractor to , the Contractor for certain work in connection with the Contract pertaining to the Project in (City or County, and State);

(3) Such Subcontractor’s Proposal is genuine and is not a collusive or sham proposal;

(4) Neither the Subcontractor nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, has in any way colluded, conspired, connived or agreed, directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Proposal in connection with such Contract or to refrain from submitting a Proposal in connection with such Contract, or has in any manner, directly or indirectly, sought by unlawful agreement or connivance with any other Bidder, firm or person to fix the price or prices in said Contractor’s Proposal, or to fix any overhead, profit or cost element of the price or prices in said Contractor’s Proposal, or to secure through collusion, conspiracy connivance or unlawful agreement any advantage against the (Local Public Agency) or any person interested in the proposed Contract; and

(5) The price or prices quoted in the Subcontractor’s Proposal are fair and proper and are not tainted by any collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents, representatives, owners, employees, or parties in interest, including this affiant.

(Signed)

Title

Subscribed and sworn to before me this ______ day of , 20

My commission expires: ____________

Notary Public (Seal)

ATTACHMENT F

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

During the performance of this Contract the Contractor agrees as follows:

a. The Contractor will not discriminate against any employee or applicant because of race, color, religion, sex, or national origin. The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause.

b. The Contractor will, in all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

c. The Contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other Contract understanding, a notice; to be provided, advising the labor union or worker's representative of the Contractor's commitments under the Equal Employment Opportunity Section of this Contract, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

d. In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of such rules, regulations, or orders, this Contract may be canceled, terminated, or suspended in whole or in part and the Contractor may be declared ineligible for further Owner Contracts,

e. The Contractor will include the provisions of this section in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Owner so that such provisions will be binding upon each Subcontractor or vendor.

(Complete this section for signatures by a CORPORATION):

(CORPORATE SEAL)

Corporate Name

ATTEST:

BY:

Secretary* or Assistant Secretary* President* or Vice President*

*choose one

(Complete this section for signatures by PARTNERSHIP and INDIVIDUAL):

WITNESS:

BY: (Seal) (ACKNOWLEDGEMENT OF THE ABOVE SIGNATURE MUST BE NOTARIZED USING THE FORM ON THE FOLLOWING PAGE)

ATTACHMENT G

E-VERIFY AFFIDAVIT

I, (the individual attesting below), being duly authorized by and on behalf of

(the entity identified as the "Employer") after first being duly sworn hereby swears or affirms as follows:

1. Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with Article 2 of Chapter 64 of the North Carolina General Statutes.

2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with Article 2 of Chapter 64 of the North Carolina General

3. Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer for specified contracts subject to E-Verify entered into with the Orange Water and Sewer Authority.

This day of , .

Signature of Affiant

Print or Type Name:

4. State of County of

Signed and sworn to (or affirmed) before me, this the day of , .

5. My Commission Expires:

6.

7. 8.

9. Notary Public

. (A ffix O fficial/N o tarial Seal)

ATTACHMENT H

CERTIFICATION REGARDING CONFLICT OF INTEREST

The Submitter is required to certify that performance of the work will not create any conflicts of interest or disclose any actual or potential conflicts of interest by completing and signing one of the following statements:

All Vendors should be aware of OWASA’S Code of Ethics, which prohibits OWASA Employees and

Board Members from having certain relationships with persons or entities conducting (or proposing to conduct) business with OWASA and which prohibits the acceptance of gifts from Vendors. If the

Vendor has an actual or potential conflict, the Vendor shall disclose any Conflict of Interest that may exist.

Conflicts of Interest (Potential or actual) will be evaluated by OWASA’S General Counsel to determine the proper course of action. Failure to comply with the provisions established above may render the vendor ineligible to participate in OWASA’S procurement process.

The Submitter hereby discloses no conflicts of interest.

DATE: ________________________________________________________________________

AUTHORIZED SIGNATURE: _______________________________________________________

TITLE: ________________________________________________________________________

SUBMITTER/COMPANY NAME: ____________________________________________________

OR

The Submitter hereby discloses the following circumstances that could give rise to a conflict of interest for the Submitter, any affiliates, any proposed subconsultants, and key personnel of any of these organizations. (Attach additional sheets as needed.)

Name of the Individual/Company to which potential conflict of interest might apply:

Nature of potential conflict of interest:

Proposed Remedy:

DATE: _______________________________________________________________________

AUTHORIZED SIGNATURE: _______________________________________________________

TITLE: _______________________________________________________________________

SUBMITTER/COMPANY NAME: ___________________________________________________

ATTACHMENT I

Name of Vendor or Bidder: _______________________________________________________________

IRAN DIVESTMENT ACT CERTIFICATION

REQUIRED BY N.C.G.S. 143C-6A-5(a)

As of the date listed below, the vendor or bidder listed above is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. 143-6A-4.

The undersigned hereby certifies that he or she is authorized by the vendor or bidder listed above to make the foregoing statement.

Signature Date

Printed Name Title

Notes to persons signing this form:

N.C.G.S. 143C-6A-5(a) requires this certification for bids or contracts with the State of North Carolina, a North Carolina local government, or any other political subdivision of the State of North Carolina.

The certification is required at the following times:

• When a bid is submitted

• When a contract is entered into (if the certification was not already made when the vendor made its bid)

• When a contract is renewed or assigned

N.C.G.S. 143C-6A-5(b) requires that contractors with the State, a North Carolina local government, or any other political subdivision of the State of North Carolina must not utilize any subcontractor found on the State Treasurer’s Final Divestment List.

The State Treasurer’s Final Divestment List can be found on the State Treasurer’s website at the address www.nctreasurer.com/Iran and will be updated every 180 days.

http://www.nctreasurer.com/Iran

ATTACHMENT J

Companies Boycotting Israel Divestment Act Certification Form

Name of Contracting Party or Bidder: ________________________________________________

COMPANIES BOYCOTTING ISRAEL DIVESTMENT ACT CERTIFICATION REQUIRED

BY N.C.G.S. §147-86.81et seq. *

Pursuant to N.C.G.S. §147-86.81, any person identified as engaging in a boycott of Israel, as defined by this Act.