Legion Pond Dam Bid Document and Project Manual.pdf

P R O J E C T M A N U A L

F O R

L e g i o n P o n d D a m T o w n o f C h a p e l H i l l

C h a p e l H i l l , N o r t h C a r o l i n a

P 2 7 - 0 4

J u l y 2 8 , 2 0 2 6

J o n a t h a n S m i t h , P . E .

T e t r a T e c h E n g i n e e r i n g , P . C .

4 0 0 0 S a n c a r W a y , S u i t e 1 7 5

R e s e a r c h T r i a n g l e P a r k , N C 2 7 7 0 9 C o m p a n y L i c e n s e # C - 2 6 4 4

O w n e r M a n a g e r C h a d B r o w n

M a y o r J e s s i c a A n d e r s o n

Town of Chapel Hill, North Carolina Legion Pond Dam – Bid # P27-04

TOCH C-001-TOC, Table of Contents.

TABLE OF CONTENTS

Document Title C-000-COV Cover C-001-TOC Table of Contents

BIDDING REQUIREMENTS

C-111-AFB Advertisement for Bids C-200-ITB Instruction to Bidders

REQUIRED FORMS

C-410-BF Bid Form C-430-PSF Bid Bond – Penal Sum Form C-451-QS Qualifications Statement

Schedule A Schedule B Schedule C

CONTRACT REQUIREMENTS

C-510-NOA Notice of Award C-520-TOCH Agreement between Owner and Contractor for Construction Contract C-550-NTP Notice to Proceed C-620-AFP Contractor’s Application for Payment C-625-CSC Certificate of Substantial Completion C-700-TOCH General Conditions to Contract C-940-WCD Work Change Directive(s) C-941-CO Change Order(s) C-942-FO Field Order(s)

TECHNICAL SPECIFICATIONS

See City of North Carolina, Department of Transportation, Raleigh, Standard Specifications for Roads and Structures, January 2024 (Available for download online): NC DOT Standard Specifications

SUPPLEMENTAL SPECIFICATIONS

Document Title

SS-1

SS-2

Geotechnical Quality Assurance and Quality Control and Monitoring of Dewatering Activities

APPENDICES

- Geotechnical Information:

• Appendix A - Transmittal - Laboratory Test Results - Legion Pond

• Appendix B - Report of Subsurface Investigation

• Appendix C - Geotechnical Report - Legion Pond Dam Repair and Dewatering Pond

- Chapel Hill, North Carolina

END OF DOCUMENT

https://connect.ncdot.gov/resources/Specifications/2024StandardSpecifications/2024%20Standard%20Specifications%20for%20Roads%20and%20Structures.pdf https://connect.ncdot.gov/resources/Specifications/2024StandardSpecifications/2024%20Standard%20Specifications%20for%20Roads%20and%20Structures.pdf

Town of Chapel Hill, North Carolina Legion Pond Dam – Bid # 27-04

EJCDC® C-111, Advertisement for Bids for Construction Contract.

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

ADVERTISEMENT FOR BIDS

Town of Chapel Hill Chapel Hill, North Carolina

Legion Pond Dam

General Notice

Town of Chapel Hill (Owner) is requesting Bids for the construction of the following Project:

Legion Pond Dam Bid # P27-04

Bids for the construction of the Project will be received at the Town Hall located at 405 Martin Luther King Jr Blvd, Chapel Hill, NC 27514, until August 24, 2026 at 11:00 AM EST. At that time the Bids received will be publicly opened and read in Conference Room 102. Late bids will not be accepted.

The Project includes the following Work:

The project will first require dewatering of the existing pond. The dewatering intake will be from the surface of the pond as required by Dam Safety. The dewatering outlet will discharge onto a rock pad to dissipate energy and minimize any erosion. Upon completion of dewatering the principal outlet barrel will be used to convey daily water flows through the dam. The demolition of the dam and embankment will work from the top down mainlining the bypass flow through the principal outlet pipe as long as possible. A bypass pump will be set when the excavation gets to elevations requiring the existing pipe to be removed. It is anticipated that earth moving equipment will be used for the project including but not limited to excavators, loaders, and dump trucks.

Bids are requested for the following Contract: Bid # P27-04 - Legion Pond Dam

The Project has an expected duration of 120 days.

Obtaining the Bidding Documents

Prospective Companies can view the Request for Bid (RFB) and all project documents on the Town of Chapel Hill website (www.chapelhillnc.gov. Click on the “Town Government” menu, then “Doing Business with Chapel Hill” option, then select “Bids: Current”, then click on the name of this project).

Pre-bid Conference

No Pre-bid Conference will be held for this project.

Instructions to Bidders

For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer to the Instructions to Bidders that are included in the Bidding Documents.

This Advertisement is issued by:

Owner: Town of Chapel Hill By: Lenore Bishop Title: Purchasing and Contracts Manager Date: July 30, 2026 http://www.chapelhillnc.gov/

EJCDC® C-200, Instructions to Bidders for Construction Contract.

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

TOC Page 1 of 1

INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Bid schedule

Article 5— Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Preparation of Bid

Article 12— Basis of Bid

Article 13— Submittal of Bid

Article 14— Modification and Withdrawal of Bid

Article 15— Opening of Bids

Article 16— Bids to Remain Subject to Acceptance

Article 17— Evaluation of Bids and Award of Contract

Article 18— Bonds and Insurance

Article 19— Signing of Agreement

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, TOC Page 1 of 1

ARTICLE 1—DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office—The office from which the Bidding Documents are to be issued.

ARTICLE 2—BIDDING DOCUMENTS

2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents (together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is Bidder’s responsibility to determine that it is using a complete set of documents in the preparation of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.

2.02 Bidding Documents are available on the Town of Chapel Hill’s website for the sole purpose of obtaining Bids for completion of the Project. Printed documents may not be re-sold under any circumstances.

2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement. Bidder can obtain a complete set of the Bidding Documents from such website. Bidders may rely that sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless an omission is blatant. All Addenda will be posted on the Bidding Documents Website.

2.04 Electronic Documents

A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding Documents are available, such documents will be made available to the Bidders as Electronic Documents in the manner specified.

1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf) that is readable by Adobe Acrobat Reader Version 2020 or later.

B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon complete sets of Electronic Documents of the Bidding Documents, described in Paragraph 2.04.A above.

C. After the Contract is awarded, the Owner will provide or direct the Engineer to provide for the use of the Contractor documents that were developed by Engineer as part of the Project design process, as Electronic Documents in native file formats.

1. Electronic Documents that are available in native file format include:

a. Construction Plan Set in .dwg and .pdf format

2. Release of such documents will be solely for the convenience of the Contractor. No such document is a Contract Document.

3. Unless the Contract Documents explicitly identify that such information will be available to the Successful Bidder (Contractor), nothing herein will create an obligation on the part of the Owner or Engineer to provide or create such information, and the Contractor is not entitled to rely on the availability of such information in the preparation of its Bid

Town of Chapel Hill, North Carolina Legion Pond Dam P27-04

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, or pricing of the Work. In all cases, the Contractor shall take appropriate measures to verify that any electronic/digital information provided in Electronic Documents is appropriate and adequate for the Contractor’s specific purposes.

4. In no case will the Contractor be entitled to additional compensation or time for completion due to any differences between the actual Contract Documents and any related document in native file format.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 Bidders are notified that relevant Articles of Chapter 87 of the General Statutes of North Carolina, will be observed in receiving and awarding contracts. Bidders for this Project must be properly licensed for the Work.

1. Unclassified: Contractor meets the qualifications for all classifications of licenser for General Contractors (Chapter 87, Article 1).

2. Public Utilities Contractor: Contractor is licensed for water and sewer mains and water and wastewater treatment facilities.

3. Public Utilities (Water Lines and Sewer Lines): Contractor is licensed for water and sewer mains, water storage tanks, lift stations, pump stations and appurtenances. Is not acceptable for water and wastewater treatment plants.

4. Public Utilities (Water Purification and Sewage Disposal): Contractor is licensed for water and wastewater treatment facilities and appurtenances. Is not acceptable for water and wastewater lines.

5. For Plumbing and HVAC Class I license is for all types of buildings. Class II is for single-family residential dwellings per 87-21(b).

6. Electrical requires one of the following limitations based on the estimated construction cost and the electrical size per GS 87-43.3 as amended in Sep 2014:

3.02 Bidder is to submit the following information with its Bid to demonstrate Bidder’s qualifications to perform the Work:

A. Written evidence establishing its qualifications such as financial data, previous experience, and present commitments.

B. A written statement that Bidder is authorized to do business in the state where the Project is located, or a written certification that Bidder will obtain such authority prior to the Effective Date of the Contract.

C. Bidder’s state or other contractor license number, if applicable.

D. Subcontractor and Supplier qualification information.

E. Other required information regarding qualifications.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

3.03 A Bidder’s failure to submit required qualification information within the times indicated may disqualify Bidder from receiving an award of the Contract.

3.04 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek additional pertinent information regarding Bidder’s qualifications.

ARTICLE 4—BID SCHEDULE

Bid Request Issued: July 30, 2026

Request for Interpretations Due: August 10, 2026, by 4:00 PM EST

Addendum Published: August 17, 2026

Bids Due: August 24, 2026, by 11:00 AM EST

Town Council Approval: September 9, 2026

Contract Execution: September 30, 2026

Project Completion Date: 120 Days after Notice to Proceed is issued

ARTICLE 5—SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 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 Owner 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, are to be obtained and paid for by Contractor.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify the following regarding existing conditions at or adjacent to the Site:

a. Those reports of explorations and tests of subsurface conditions at or adjacent to the Site that contain Technical Data.

b. Those drawings known to Owner of existing physical conditions at or adjacent to the Site, including those drawings depicting existing surface or subsurface structures at or adjacent to the Site (except Underground Facilities), that contain Technical Data.

c. Reports and drawings known to Owner relating to Hazardous Environmental Conditions that have been identified at or adjacent to the Site.

d. Technical Data contained in such reports and drawings.

2. Owner will furnish to any Bidder, upon request, copies of the reports and drawings referenced above. These documents are supplied for the Bidder’s information only and shall not become part of the Contract Documents. The Owner makes no representation

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, or warranty as to their completeness, accuracy, or suitability, and the Bidder alone is responsible for any conclusions, interpretations, or inferences it draws from such reports or drawings.

3. Geotechnical Baseline Report/Geotechnical Data Report: The Bidding Documents contain a Geotechnical Baseline Report (GBR) and Geotechnical Data Report (GDR).

a. As set forth in the Supplementary Conditions, the GBR describes certain select subsurface conditions that are anticipated to be encountered by Contractor during construction in specified locations (“Baseline Conditions”). The GBR is a Contract Document.

b. The Baseline Conditions in the GBR are intended to reduce uncertainty and the degree of contingency in submitted Bids. However, Bidders cannot rely solely on the Baseline Conditions. Bids should be based on a comprehensive approach that includes an independent review and analysis of the GBR, all other Contract Documents, Technical Data, other available information, and observable surface conditions. Not all potential subsurface conditions are baselined.

c. Nothing in the GBR is intended to relieve Bidders of the responsibility to make their own determinations regarding construction costs, bidding strategies, and Bid prices, nor of the responsibility to select and be responsible for the means, methods, techniques, sequences, and procedures of construction, and for safety precautions and programs incident thereto.

d. As set forth in the Supplementary Conditions, the GDR is a Contract Document containing data prepared by or for the Owner in support of the GBR.

B. Underground Facilities: Locations of existing underground utilities shown on the Drawings are provided for the Bidder’s information only and shall not become part of the Contract Documents. The Owner makes no representation or warranty as to their accuracy or completeness, and each Bidder is solely responsible for any conclusions or interpretations it draws from those drawings.

5.03 Site Visit and Testing by Bidders

A. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site conditions.

B. Owner has control over the Site and hereby allows Bidders general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. Bidder must 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.

C. Bidder must fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

5.04 Owner’s Safety Program

A. Site visits and work at the Site may be governed by an Owner safety program. If an Owner safety program exists, it will be noted in the Supplementary Conditions.

5.05 Other Work at the Site

A. Reference is made to Article 8 of the Supplementary Conditions for the identification of the general nature of other work of which Owner is aware (if any) that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) and relates to the Work contemplated by these Bidding Documents. If Owner is party to a written contract for such other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

A. The Bid Form that each Bidder will submit contains express representations regarding the Bidder’s examination of Project documentation, Site visit, and preparation of the Bid, and certifications regarding lack of collusion or fraud in connection with the Bid. Bidder should review these representations and certifications, and assure that Bidder can make the representations and certifications in good faith, before executing and submitting its Bid.

B. If Bidder is awarded the Contract, Bidder (as Contractor) will make similar express representations and certifications when it executes the Agreement.

ARTICLE 7—INTERPRETATIONS AND ADDENDA

7.01 Owner on its own initiative may issue Addenda to clarify, correct, supplement, or change the Bidding Documents.

Bidder shall submit all questions about the meaning or intent of the Bidding Documents to the Project Manager in writing. Questions must be received by August 10, 2026, at 4:00 PM EST to be addressed in the Addendum.

Contact information and submittal procedures for such questions are as follows:

A. Chad Brown – cbrown1@chapelhillnc.gov

7.02 Interpretations or clarifications considered necessary by Project Manager in response to such questions will be issued by Addenda.

7.03 Only responses set forth in an Addendum will be binding. Oral and other interpretations or clarifications will be without legal effect. Responses to questions are not part of the Contract Documents unless set forth in an Addendum that expressly modifies or supplements the Contract Documents.

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of five (5) percent of Bidder’s maximum Bid price (determined by adding the base bid and all alternates) mailto:cbrown1@chapelhillnc.gov

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and in the form of a Bid bond issued by a surety. Such Bid bond will be issued in the form included in the Bidding Documents.

8.02 The Bid security must be placed in a separate envelope and be marked on the outside of the envelope with the Project Name, Project Number, Company Name, and Titled “Bid Bond”.

8.03 The Bid security of the apparent Successful Bidder will be retained until Owner awards the contract to such Bidder, and such Bidder has executed the Contract, furnished the required Contract security, and met the other conditions of the Notice of Award, whereupon the Bid security will be released. If the Successful Bidder fails to execute and deliver the Contract and furnish the required Contract security within 15 days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of Award, and the Bid security of that Bidder will be forfeited, in whole in the case of a penal sum bid bond, and to the extent of Owner’s damages in the case of a damages-form bond. Such forfeiture will be Owner’s exclusive remedy if Bidder defaults.

8.04 The Bid security of other Bidders that Owner believes to have a reasonable chance of receiving the award may be retained by Owner until the earlier of seven (7) days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

8.05 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven (7) days after the Bid opening.

ARTICLE 9—CONTRACT TIMES

9.01 The number of days within which, or the dates by which, the Work is to be (a) substantially completed and (b) ready for final payment, and (c) Milestones (if any) are to be achieved, are set forth in the Agreement.

9.02 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 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract will be awarded on the basis of materials and equipment specified in the Bidding Documents. Any Bidder wishing to propose an alternate material or piece of equipment must submit a written request for clarification to the Project Manager, in accordance with Article 3 of the General Conditions, by August 10, 2026, at 4:00 PM EST. The Project Manager and Designer will evaluate and respond to all such requests by Addendum posted on the Town’s website. No other method of approval shall be binding, and the Project Manager and Designer make no representation or warranty regarding the suitability of any proposed alternate. Bidders alone bear the risk of relying on any materials or equipment not expressly specified.

10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will furnish the materials and equipment specified or described in the Bidding Documents, as

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, 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 11—PREPARATION OF BID

11.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form must be completed in ink and the Bid Form signed in ink. Erasures or alterations must be initialed in ink by the person signing the Bid Form. A Bid price must be indicated for each section, Bid item, alternate, adjustment unit price item, and unit price item listed therein.

B. If the Bid Form expressly indicates that submitting pricing on a specific alternate item is optional, and Bidder elects to not furnish pricing for such optional alternate item, then Bidder may enter the words “No Bid” or “Not Applicable.”

11.02 If Bidder has obtained the Bidding Documents as Electronic Documents, then Bidder shall prepare its Bid on a paper copy of the Bid Form printed from the Electronic Documents version of the Bidding Documents. The printed copy of the Bid Form must be clearly legible, printed on 8½ inch by 11-inch paper and as closely identical in appearance to the Electronic Document version of the Bid Form as may be practical. The Owner reserves the right to accept Bid Forms which nominally vary in appearance from the original paper version of the Bid Form, providing that all required information and submittals are included with the Bid.

11.03 A Bid by a corporation must be executed in the corporate name by a corporate officer (whose title must appear under the signature), accompanied by evidence of authority to sign. The corporate address and state of incorporation must be shown.

11.04 A Bid by a partnership must be executed in the partnership name and signed by a partner (whose title must appear under the signature), accompanied by evidence of authority to sign. The official address of the partnership must be shown.

11.05 A Bid by a limited liability company must be executed in the name of the firm by a member or other authorized person and accompanied by evidence of authority to sign. The state of formation of the firm and the official address of the firm must be shown.

11.06 A Bid by an individual must show the Bidder’s name and official address.

11.07 A Bid by a joint venture must be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture must have been formally established prior to submittal of a Bid, and the official address of the joint venture must be shown.

11.08 All names must be printed in ink below the signatures.

11.09 The Bid must contain an acknowledgment of receipt of all Addenda, the numbers of which must be filled in on the Bid Form.

11.10 Postal and e-mail addresses and telephone number for communications regarding the Bid must be shown.

11.11 The Bid must contain evidence of Bidder’s authority to do business in the state where the Project is located, or Bidder must certify in writing that it will obtain such authority within the time for acceptance of Bids and attach such certification to the Bid.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies,

11.12 If Bidder is required to be licensed to submit a Bid or perform the Work in the state where the Project is located, the Bid must contain evidence of Bidder’s licensure, or Bidder must certify in writing that it will obtain such licensure within the time for acceptance of Bids and attach such certification to the Bid. Bidder’s state contractor license number, if any, must also be shown on the Bid Form.

ARTICLE 12—BASIS OF BID

12.01 Lump Sum with Allowances Method

A. Bidders shall submit a single Lump Sum Price with Allowances. In preparing that price, include all cash and contingency allowances (as identified in the Bid Form) for which the Bidder has allowed overhead, costs, profit, etc.

ARTICLE 13—SUBMITTAL OF BID

13.01 The Owner will receive sealed Bids at 405 Martin Luther King Jr Blvd, Chapel Hill, NC 27514, until August 24, 2026 at 11:00 AM EST. The Bids received will be publicly opened and read in Conference Room 102. Bids received after the indicated time and date shall not be considered.

13.02 The Bidding Documents include one separate unbound copy of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be completed and submitted with the Bid security and the other documents required to be submitted under the terms of Article 2 of the Bid Form.

13.03 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must be enclosed in a plainly marked package with the Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required documents.

13.04 If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid must be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED

– ATTN PURCHASING.” A mailed Bid must be addressed to the location designated in the Advertisement.

13.05 Bids received after the date and time prescribed for the opening of bids, or not submitted at the correct location or in the designated manner, will not be accepted and will be returned to the Bidder unopened.

13.06 The Bidder shall be fully responsible for timely delivery at the location designated for receipt of the Bids.

ARTICLE 14—MODIFICATION AND WITHDRAWAL OF BID

14.01 An unopened 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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, 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.

14.02 If a Bidder wishes to modify its Bid prior to Bid opening, Bidder must withdraw its initial Bid in the manner specified in Paragraph 15.01 and submit a new Bid prior to the date and time for the opening of Bids.

14.03 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there was a material and substantial mistake in the preparation of its Bid, the Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

ARTICLE 15—OPENING OF BIDS

15.01 Bids will be opened at the time and place indicated in the Advertisement or invitation to bid and, unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.

ARTICLE 16—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

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

ARTICLE 17—EVALUATION OF BIDS AND AWARD OF CONTRACT

17.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner also reserves the right to waive all minor Bid informalities not involving price, time, or changes in the Work.

17.02 Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible.

17.03 If Bidder purports to add terms or conditions to its Bid, takes exception to any provision of the Bidding Documents, or attempts to alter the contents of the Contract Documents for purposes of the Bid, whether in the Bid itself or in a separate communication to Owner or Engineer, then Owner will reject the Bid as nonresponsive.

17.04 If Owner awards the contract for the Work, such award will be to the responsible Bidder submitting the lowest responsive Bid.

17.05 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether 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.

B. In the comparison of Bids, alternates will be applied in the same order of priority as listed in the Bid Form. To determine the Bid prices for purposes of comparison, Owner will announce to all bidders a “Base Bid plus alternates” budget after receiving all Bids, but prior to opening them. For comparison purposes alternates will be accepted, following the order of priority

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, established in the Bid Form, until doing so would cause the budget to be exceeded. After determination of the Successful Bidder based on this comparative process and on the responsiveness, responsibility, and other factors set forth in these Instructions, the award may be made to said Successful Bidder on its base Bid and any combination of its additive alternate Bids for which Owner determines funds will be available at the time of award.

C. For determination of the apparent low Bidder(s) when sectional bids are submitted, Bids will be compared on the basis of the aggregate of the Bids for separate sections and the Bids for combined sections that result in the lowest total amount for all of the Work.

D. For the determination of the apparent low Bidder when unit price bids are submitted, Bids will be compared on the basis of the total of the products of the estimated quantity of each item and unit price Bid for that item, together with any lump sum items.

E. For the determination of the apparent low Bidder when cost-plus-fee bids are submitted, Bids will be compared on the basis of the Guaranteed Maximum Price set forth by Bidder on the Bid Form.

17.06 In evaluating whether a Bidder is responsible, Owner will consider the qualifications of the Bidder and may consider the qualifications and experience of Subcontractors and Suppliers proposed for those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Bidding Documents.

17.07 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders and any proposed Subcontractors or Suppliers.

ARTICLE 18—BONDS AND INSURANCE

18.01 Articles 34 through 36 of the General Conditions, as may be modified by the Supplementary Conditions, set forth the Owner’s requirements for performance and payment bonds, other required bonds (if any), and insurance. When the successful Bidder delivers the executed Agreement to the Owner, it must be accompanied by the required bonds and evidence of insurance documentation.

18.02 Article 8, Bid Security, of these Instructions, addresses any requirements for providing bid bonds as part of the bidding process.

ARTICLE 19—SIGNING OF AGREEMENT

When the Owner issues the Notice of Award, the Owner will provide unexecuted copies of the Agreement and all Contract Documents. Within fifteen (15) days after receipt of the Notice of Award, the successful Bidder shall (a) deliver to the Owner one fully executed original of the Agreement, (b) furnish the performance and payment bonds as required by Articles 34–35 of the General Conditions (as supplemented), and (c) deliver proof of insurance as required by Article 36.

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

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

BID FORM FOR CONSTRUCTION CONTRACT

RETURN THIS FORM IN THE BID RESPONSE

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

ARTICLE 1—OWNER AND BIDDER

1.01 This Bid is submitted to:

Town of Chapel Hill

Lenore Bishop

405 Martin Luther King Jr. Blvd, Chapel Hill, NC 27514

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

ARTICLE 2—ATTACHMENTS TO THIS BID

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

A. Required Bid security;

B. List of Proposed Subcontractors;

C. List of Proposed Suppliers;

D. Evidence of authority to do business in the state of the Project; or a written covenant to obtain such authority within the time for acceptance of Bids;

E. Contractor’s license number as evidence of Bidder’s State Contractor’s License or a covenant by Bidder to obtain said license within the time for acceptance of Bids;

F. Required Bidder Qualification Statement with supporting data; and

ARTICLE 3—BASIS OF BID— FIXED COSTS WITH ALLOWANCES

3.01 Lump Sum Bids

A. Bidder will complete the Work in accordance with the Contract Documents for the following lump sum (stipulated) price(s), together with any Unit Prices indicated in Paragraph 3.02:

1. Lump Sum Price (Single Lump Sum)

Lump Sum Bid Price $

B. All specified cash allowance(s) are included in the price(s) set forth below.

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

Lump Sum for Cash Allowance 1 $

Lump Sum for Cash Allowance 2 $

Lump Sum for Cash Allowance 3 $

Total for all Lump Sum for Cash Allowances $

3.02 Unit Price Bids

A. Bidder will perform the following Work at the indicated unit prices:

Item No. Spec. Section Description Unit Estimated

Quantity Bid Unit Price Bid Amount

Demolition, Dewatering and Erosion Control

1 NCDOT 1101 Work Zone Traffic Control LS 1 $ $

2 NCDOT 226 Grading for Comprehensive Grading LS 1 $ $

3 SS-2

Dewatering

Control and Monitoring of Dewatering Activities (Dewatering Pump)

LS 1 $ $

4 NCDOT 1607 Stone for Erosion Control, Class A (Gravel Construction Entrance) TN 27 $ $

5 NCDOT 1607 Geotextile for Drainage, Type 2 (Gravel Construction Entrance) SY 80 $ $

6 NCDOT 876 Rip Rap, Class B (Guide for Rip Rap at Pipe Outlets) TN 5 $ $

7 NCDOT 876 Geotextile for Drainage, Type 2 (Guide for Rip Rap at Pipe Outlets) SY 8 $ $

8 NCDOT 1605 Temporary Silt Fence LF 900 $ $

9 TOCH Detail -

EC-12.00

Orange, UV Resistant High Tensile Strength Polyethylene Laminar Barricade Fabric, Steel Posts, and a Sign for Tree Protection Fence

LF 865 $ $

10 NCDOT 1631

Matting for Erosion Control (Matting Blanket, Matting Installation)

SY 4,200 $ $

11 NCDOT 1660 Seeding and Mulching (Temporary Seed) AC 6.6 $ $

12 NCDOT 230 Borrow Excavation (Topsoil) CY 273 $ $

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

13 NCDOT 1530 Abandon 8" Utility Pipe (Remove Existing Pipe) LF 66 $ $

14 ES102 Concrete Washout Structure EA 1 $ $

15 CD104 1" Diameter #57 Washed Stone (Standard Silt Fence Outlet) CY 122 $ $

16 NCDOT 1651 Selective Tree Removal, 4"- 8" Diameter

EA

22 $ $

17 NCDOT 1651 Selective Tree Removal, 8"- 12" Diameter

EA

37 $ $

18 NCDOT 1651 Selective Tree Removal, 12"- 18" Diameter

EA

43 $ $

19 NCDOT 1651 Selective Tree Removal, 18" and Larger Diameter

EA

50 $ $

Geotechnical

20 NCDOT 305 8" Drainage Pipe, Corrugated HDPE Pipe (Toe Drain & Animal Guard) LF 490 $ $

21 NCDOT 1631

Matting for Erosion Control (Permanent Turf Reinforcement Mat (TRM))

SY 361 $ $

22 NCDOT 815

Subdrain Fine Aggregate (C33 Fine Aggregate, Toe Drain Detail & Filter Diaphragm)

CY 300 $ $

23 NCDOT 815 Subdrain Coarse Aggregate (#57 Stone, Toe Drain Detail) CY 73 $ $

Stormwater and Drainage

24 NCDOT 840

Masonry Drainage Structure (Trash Rack, Steps, Debris Shield, Styrofoam Plugs, Gate Valve)

EA 1 $ $

25 NCDOT 462

4" Slope Protection, Portland Cement Concrete, Class B (Emergency Spillway)

SY 22 $ $

26 NCDOT 310 24" R.C. Pipe Culverts, Class V (Outlet Pipe, Concrete Cradle) LF 130 $ $

27 NCDOT 838 Reinforced Endwall (Reinforced Concrete Headwall) CY 4 $ $

Planting Plan

28 NCDOT 1660 Seeding and Mulching (Permanent Grass) AC 6.6 $ $

29 NCDOT 1670 Water for Planting (Permanent Grass) GA 1,000 $ $

General

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

30 NCDOT 800 Mobilization LS 1 $ $

31 NCDOT 801 Construction Surveying LS 1 $ $

Total of All Unit Price Bid Items $

B. Bidder acknowledges that:

1. Each Bid Unit Price includes an amount considered by Bidder to be adequate to cover Contractor’s overhead and profit for each separately identified item, and

2. Estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all Unit Price Work will be based on actual quantities, determined as provided in the Contract Documents.

ARTICLE 4—TIME OF COMPLETION

4.01 Bidder agrees that the Work will be substantially complete on or before the date, or within the number of consecutive calendar days, indicated in the Agreement, measured from the date established in the written Notice to Proceed as defined in Article 3.q of the Town of Chapel Hill General Conditions.

4.02 Bidder agrees that the Work will be substantially complete within 120 consecutive calendar days after the date specified in the written Notice to Proceed (see Article 23(b) of the Town of Chapel Hill General Conditions), and that the Work will be fully completed and ready for final payment within 140 consecutive calendar days after the date specified in the written Notice to Proceed, in accordance with the requirements for final payment set forth in Article 31 of the Town of Chapel Hill General Conditions.

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

ARTICLE 5—BIDDER’S ACKNOWLEDGEMENTS: ACCEPTANCE PERIOD, INSTRUCTIONS, AND RECEIPT OF

ADDENDA

5.01 Bid Acceptance Period

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

5.02 Instructions to Bidders

A. Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security.

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

5.03 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Bidder’s Representations

A. In submitting this Bid, Bidder represents the following:

1. Bidder has examined and carefully studied the Bidding Documents, including Addenda.

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

3. Bidder is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.

4. Bidder has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Supplementary Conditions, with respect to the Technical Data in such reports and drawings.

5. Bidder has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Supplementary Conditions, with respect to Technical Data in such reports and drawings.

6. Bidder has considered the information known to Bidder itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Bidding Documents; and the Technical Data identified in the Supplementary Conditions or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, if selected as Contractor; and

(c) Bidder’s (Contractor’s) safety precautions and programs.

7. Based on the information and observations referred to in the preceding paragraph, Bidder agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.

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

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

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

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

11. The submission of this Bid constitutes an incontrovertible representation by Bidder that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

6.02 Bidder’s Certifications

A. The Bidder certifies the following:

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

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

3. Bidder has not solicited or induced any individual or entity to refrain from bidding.

4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 8.02.A:

a. Corrupt practice means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process.

b. Fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition.

c. Collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels.

d. Coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.

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

BIDDER hereby submits this Bid as set forth above:

Bidder:

(typed or printed name of organization)

By:

(individual’s signature) Name:

(typed or printed) Title:

(typed or printed)

Date:

(typed or printed)

If Bidder is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.

Attest:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed)

Date:

Address for giving notices:

Bidder’s Contact:

Name:

(typed or printed)

Title:

(typed or printed)

Phone:

Email:

Address:

Bidder’s Contractor License No.: (if applicable)

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, BID BOND (PENAL SUM FORM)

RETURN THIS FORM IN THE BID RESPONSE

Bidder Surety Name: Name:

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

Owner Bid

Name: Town of Chapel Hill Project: Legion Pond Dam – Bid # P27-04 Address: 405 Martin Luther King Jr. Blvd

Chapel Hill, NC 27514

Bid Due Date: August 24th @ 11:00 AM EST

Bond

Penal Sum:

Date of Bond:

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,

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…