Ray St at Brooks Ave Water Sewer Project Manual_Amended (1).pdf

CONTRACT SPECIFICATIONS

FOR

RAY STREET AT BROOKS AVENUE

WATER AND SANITARY SEWER REPLACEMENT

SINGLE PRIME CONTRACT

FOR THE

CITY OF ELIZABETH CITY, NORTH CAROLINA

JULY 2024

CDBG Project No’s.: 19 I 3648

21 I 4004

EDWARD KIRK RIVERS MAYOR

CITY COUNCIL

KEM SPENCE

JOHNSON BIGGS

JOSEPH PEEL

JAVIS GIBBS

ROSEMARIE WHITEHURST

KATHERINE W. FELTON

JOHNNIE B. WALTON

RONNIE MORRIS

REGINALD GOODSON, CITY MANAGER

MONICA S. COLE, CHIEF OF STAFF

APRIL ONLEY, CITY CLERK

RAYMOND C. STATEN, ASSISTANT PUBLIC

UTILITIES DIRECTIOR

DWAN A. BELL, PUBLIC UTILITIES DIRECTOR

Prepared By:

JOHNSON, MIRMIRAN AND THOMPSON, INC.

at 272 Bendix Road, Suite 260, Virginia Beach, Virginia, 23452

ADDENDUM NO.1

Amended 3/31/2025, RAM

This page intentionally left blank.

City of Elizabeth City July 2024 Ray Street at Brooks Avenue Water and Sewer Replacement Project No. 23‐02443‐002

Table of Contents i

TABLE OF CONTENTS

RAY STREET AT BROOKS AVENUE

WATER AND SANITARY SEWER REPLACEMENT

CITY OF ELIZABETH CITY, NORTH CAROLINA

SECTION PAGES

PROPOSAL‐AGREEMENT SECTION

Advertisement for Bids C‐111 Instruction to Bidders C‐200 Bid Form C‐410 Bid Bond C‐430 Notice of Award C‐510 Agreement Between Owner and Contractor For Construction Contract C‐520 Notice to Proceed C‐550 Performance Bond C‐610 Payment Bond C‐615 Contractor’s Application for Payment C‐620 Certificate of Substantial Completion C‐625 General Conditions C‐700 Supplemental Conditions C‐800 Work Change Directive C‐940 Change Order C‐941 Field Order C‐942 Certificate of Insurance ‐‐‐‐ Contractor's Affidavit of Release of Liens ‐‐‐‐ MBE/WBE Compliance Supplement – Infrastructure (CDBG‐I) Program Forms ‐‐‐‐ Appendix E ‐ MWBE Documentation for Contract Payments ‐‐‐‐ Contract Provisions for CDBG‐I Project Contracts, Agreements, and Subcontracts ‐‐‐‐ Section 3 Clause ‐‐‐‐ Section 3 – Contractor Section 3 Plan ‐‐‐‐ Anti‐Lobbying Clause ‐‐‐‐ Davis‐Bacon Wage Determination ‐‐‐‐ Davis‐Bacon and Labor Standards Agency/Contractor Guide ‐‐‐‐ HUD‐4010 Federal Labor Standards Provisions ‐‐‐‐ Appendix II Part 200 – Contract Provisions for Non‐Federal Entity Contracts Under Federal Awards ‐‐‐‐

Table of Contents ii

TECHNICAL SPECIFICATIONS

Earthwork

Water Mains and Appurtenances

Pipe for Water Mains

Valves and Fire Hydrants for Water Distribution

Fittings and Couplings for Water Distribution

3/4 inch to 2 inch Services for Water Distribution and 3/4 inch to 8 inch Water Meters

Construction Methods

Site Work on Water Mains

Special Provisions

Sanitary Sewer

Materials

Sewer Pipe Installation

Special Provisions

Manhole Rehabilitation

EJCDC® C‐111, Advertisement for Bids for Construction Contracts. Copyright © 2013

RAY STREET AT BROOKS AVENUE WATER AND SEWER REPLACEMENT

ADVERTISEMENT FOR BIDS

Sealed Bids for the construction of the Ray Street at Brooks Avenue Water and Sewer Replacement will be received at the City of Elizabeth City, City Hall of the City of Elizabeth City located on 306 East Colonial Avenue, Elizabeth City, NC, until 2:00 pm local time on April 10, 2025, at which time the Bids received will be publicly opened and read. The bidder shall show such evidence by clearly displaying his or her current license number on the outside of the sealed envelope in which the proposal is delivered.

This project is being funded in whole or in part by the Community Development Block Grant Program (CDBG), as administrated by the North Carolina Department of Environmental Quality/Division of Water Infrastructure. All federal CDBG requirements will apply to the contract: Bidders on this work will be required to comply with Section 109 and E.O. 11246 which prohibits discrimination in employment regarding race, creed, color, sex, or national origin. Bidders must comply with Title VI of the Civil Rights Act of 1964, Davis Bacon Act, Anti‐Kickback Act, and Contract Work Hours and Safety Standards Act.

The City of Elizabeth City is committed to and supportive of efforts to effectively maintain and/or increase the use of Small and Minority/Women‐Owned Business, Veteran‐Owned, and Historically Underutilized Businesses (HUB) contract participation for construction projects, services (including professional and consulting services) and commodities purchases, and increase contract participation to offer employment, training and contracting opportunities in accordance with Section 3 of the Housing and Urban Development Act of 1968.

No contract may be awarded to any contractor that is debarred, suspended or otherwise ineligible to participate in Federally assisted contracts or programs. Any contract awarded to a prime contractor or subcontractor that is found to be ineligible for award must be terminated immediately. Prior to contract award prime contractors are to be actively registered, with no exclusions, with SAM.gov and not on NC Debarred Vendors list, to determine eligibility/debarment status.

This project involves the replacement of the existing water supply and sanitary collection systems along Ray Street from Brooks Avenue to approximately 525 feet east of its intersection with Madison Avenue.

Work includes: the abandonment and/or removal of the existing water supply system as indicated on the drawings; the installation of approximately 1,658 linear feet of new 6” diameter water main;

installation of (33) ¾” diameter water service lines (including meter setters and meter boxes); the installation of (3) fire hydrant assemblies; the installation of (3) 6” gate valves; the installation of (1) 8”x6” tapping sleeve and valve; the abandonment and/or removal of the existing sanitary sewer collection system as indicated on the plans; the installation of approximately 1,660 linear feet of new 8” diameter sanitary sewer main; the installation of approximately 485 linear feet of sanitary sewer service laterals; the installation of 31 sanitary service cleanouts; and the installation of 6 new sanitary sewer manholes.

Work includes all pavement patching, pavement milling and overlay, select material, traffic control, erosion & sediment control, concrete work, grading, seeding, mulching, landscaping, bypass pumping, and any other incidental work required to complete the work and to return the area to previously existing conditions. The foregoing description shall not be construed as a complete description of all work required.

EJCDC® C‐111, Advertisement for Bids for Construction Contracts. Copyright © 2013

Bids will be received for a single prime Contract. Bids shall be on a unit price basis as indicated in the Bid Form.

The Issuing Office for the Bidding Documents is: Johnson, Mirmiran and Thompson, Inc., located at 272 Bendix Road, Suite 260, Virginia Beach, Virginia, 23452, telephone 757.552.1062, Attention: Mr. Aaron Mickiewicz, PE, email address; amickiewicz@jmt.com. Prospective Bidders may examine the Bidding Documents at the Issuing Office on Mondays through Fridays between the hours of 8:00 am to 5:00 pm and may obtain copies of the Bidding Documents from the Issuing Office as described below.

Bidding Contract Documents may be examined at the following institutions during normal business hours:

Carolina’s AGC digital plan room at www.cagc.org on IBuild

CDC News Office in Cary, NC (www.cdcnews.com)

McGraw Hill Construction Dodge digital plan room at http://dodge.construction.com/plans/

Hispanic Contractors Association of the Carolinas plan room in Raleigh, NC (www.hcacarolinas.org/)

Bidding Documents may be obtained from the Issuing Office during the hours indicated above. Bidding Documents are available by way of electronic file transfer at no cost; or on USB drive (as portable document format, .pdf files) for a non‐refundable charge of $50.00, including shipping via overnight express service. Alternatively, printed Bidding Documents may be obtained from the Issuing Office either via in‐person pick‐up or via mail, upon Issuing Office’s receipt of payment for the Bidding Documents. The non‐refundable cost of printed Bidding Documents is $200.00 per set, payable to “Johnson, Mirmiran and Thompson, Inc.”, plus a non‐refundable shipping charge. Upon Issuing Office’s receipt of payment, printed Bidding Documents will be sent via the prospective Bidder’s delivery method of choice; the shipping charge will depend on the shipping method chosen. The date that the Bidding Documents are transmitted by the Issuing Office will be considered the prospective Bidder’s date of receipt of the Bidding Documents. Partial sets of Bidding Documents will not be available from the Issuing Office. Neither the Owner nor the Engineer will be responsible for full or partial sets of Bidding Documents, including Addenda if any, obtained from sources other than the Issuing Office.

A Virtual Pre‐Bid Conference will be held at 2:00 pm local time on April 3, 2025. Attendance at the Pre‐ Bid Conference is strongly encouraged. To attend, please email amickiewicz@jmt.com, Rlassiter@elizabethcitync.gov, and Jhawley@elizabethcitync.gov with the subject line “Ray Street Pre‐ Bid RSVP” by April 2. Questions will be answered via addendum no later than 5:00 pm on April 7, 2025.

Bid security shall be furnished in accordance with the Instructions to Bidders.

Owner: City of Elizabeth City By: Edward Kirk Rivers Title: Mayor Date: July 26, 2024

This municipality is an Equal Opportunity Employer.

+ + END OF ADVERTISEMENT FOR BIDS + +

EJCDC® C‐200 (Rev. 1), Instructions to Bidders for Construction Contracts. Copyright © 2013 Page i

INSTRUCTIONS TO BIDDERS

TABLE OF CONTENTS

Page

Article 1 – Defined Terms Article 2 – Copies of Bidding Documents Article 3 – Qualifications of Bidders Article 4 – Site and Other Areas; Existing Site Conditions; Examination of Site; Owner’s Safety Program;

Other Work at the Site Article 5 – Bidder’s Representations Article 6 – Pre‐Bid Conference Article 7 – Interpretations and Addenda Article 8 – Bid Security 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 Article 15 – Submittal of Bid Article 16 – Modification and Withdrawal 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 – Bonds and Insurance Article 21 – Signing of Agreement

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 – COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents may be obtained from the Issuing Office in the number and format stated in the advertisement or invitation to bid.

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

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license for any other use.

ARTICLE 3 – QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, Bidder shall submit (a) written evidence establishing its qualifications such as financial data, previous experience, and present commitments, and (b) the following additional information:

A. Evidence of Bidder’s authority to do business in the state where the Project is located.

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

C. Subcontractor and Supplier qualification information; coordinate with provisions of Article 12 of these Instructions, “Subcontractors, Suppliers, and Others.”

ARTICLE 4 – SITE AND OTHER AREAS; EXISTING SITE CONDITIONS; EXAMINATION OF SITE; OWNER’S

SAFETY PROGRAM; OTHER WORK AT THE SITE

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 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.

4.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

1. The Supplementary Conditions identify:

a. those reports known to Owner of explorations and tests of subsurface conditions at or adjacent to the Site.

b. those drawings known to Owner of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities).

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 make copies of reports and drawings referenced above available to any Bidder on request. These reports and drawings are not part of the Contract Documents, but the Technical Data contained therein upon whose accuracy Bidder is entitled to rely, as provided in the General Conditions, has been identified and established in the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any Technical Data or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

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

4. Geotechnical Baseline Report: The Bidding Documents contain a Geotechnical Baseline Report (GBR). 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.

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.

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.

B. Underground Facilities: Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or adjacent to the Site are set forth in the Contract Documents and are based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, 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 the 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 and shall not disturb any ongoing operations at the Site.

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

C. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder 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. Owner 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 Owner’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. 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.

4.04 Owner’s Safety Program

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

4.05 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 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 itself as to all Laws and Regulations 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 Supplementary 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 here are no subsurface or geotechnical reports available for this project.

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. 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;

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

H. 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;

I. 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

J. Agree that the submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 6 – PRE‐BID CONFERENCE

6.01 A Mandatory Pre‐Bid conference will be held at the time and location stated in the invitation or advertisement to bid. Representatives of Owner and Engineer will be present to discuss the Project. Bidders are required to attend and participate in the mandatory conference. Engineer will transmit to all prospective Bidders of record such Addenda as Engineer considers necessary in response to questions arising at the conference. Oral statements may not be relied upon and will not be binding or legally effective.

ARTICLE 7 – INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to Engineer in writing. Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all parties recorded as having received the Bidding Documents. Questions received less than seven 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 will be without legal effect.

7.02 Addenda may be issued to clarify, correct, supplement, or change the Bidding 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) and in the form of a certified check, bank money order, or a Bid bond (on the form included in the Bidding Documents) issued by a surety meeting the requirements of Paragraphs 6.01 and 6.02 of the General Conditions.

8.02 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 Documents, 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 Documents 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. Such forfeiture shall be Owner’s exclusive remedy if Bidder defaults.

8.03 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 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.

8.04 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving the award will be released within seven 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 substantially completed, and completed and ready for final payment, are set forth in the Agreement.

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 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.

11.03 If an award is made, Contractor shall be allowed to submit proposed substitutes and “or‐equals” in accordance with the General Conditions.

ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 The apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening, submit to Owner a list of the Subcontractors or Suppliers proposed for the project.

If requested by Owner, such list shall be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor, Supplier, or other individual or entity. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder shall submit a substitute, Bidder’s Bid price will be increased (or decreased) by the difference in cost occasioned by such substitution, and Owner may consider such price adjustment in evaluating Bids and making the Contract award.

12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, or other individuals or entities. Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the giving of the Notice of Award will be deemed acceptable to Owner and Engineer subject to subsequent revocation of such acceptance as provided in Paragraph 7.06 of the General Conditions.

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

12.04 The Contractor shall not award work to Subcontractor(s) in excess of the limits stated in SC 7.06.

ARTICLE 13 – PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents.

A. All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall 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.”

13.02 A Bid by a corporation shall 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 shall be shown.

13.03 A Bid by a partnership shall 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 partnership’s address for receiving notices shall be shown.

13.04 A Bid by a limited liability company shall 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 firm’s address for receiving notices shall be shown.

13.05 A Bid by an individual shall show the Bidder’s name and address for receiving notices.

13.06 A Bid by a joint venture shall be executed by an authorized representative of each joint venturer in the manner indicated on the Bid Form. The joint venture’s address for receiving notices shall be shown.

13.07 All names shall be printed in ink below the signatures.

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

13.09 Postal and e‐mail addresses and telephone number for communications regarding the Bid shall be shown.

13.10 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state where the Project is located, or Bidder shall covenant in writing to obtain such authority and qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state contractor license number, if any, shall also be shown on the Bid Form.

ARTICLE 14 – BASIS OF BID

14.01 Unit Price

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

B. The “Bid Price” (sometimes referred to as the extended price) for each unit price Bid item will be the product of the “Estimated Quantity” (which Owner or its representative has set forth in the Bid Form) 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.

14.02 Allowances

A. For cash allowances the Bid price shall include such amounts as the Bidder deems proper for Contractor's overhead, costs, profit, and other expenses on account of cash allowances, if any, named in the Contract Documents, in accordance with Paragraph 13.02.B of the General Conditions.

ARTICLE 15 – SUBMITTAL OF BID

15.01 With each copy of the Bidding Documents, a Bidder is furnished 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 7 of the Bid Form.

15.02 A Bid shall be received no later than the date and time prescribed and at the place indicated in the advertisement or invitation to bid and shall 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 shall be accompanied by the Bid security and other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate package plainly marked on the outside with the notation “BID ENCLOSED.” A mailed Bid shall be addressed to the Mayor and City Council; P.O.

Box 347, Elizabeth City, NC 27907‐0347.

15.03 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.

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 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, that Bidder may withdraw its Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be disqualified from further bidding on the Work.

ARTICLE 17 – OPENING OF BIDS

17.01 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 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 Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner will reject the Bid of any Bidder that Owner finds, after reasonable inquiry and evaluation, to not be responsible. 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, then the Owner will reject the Bid as nonresponsive; provided that Owner also reserves the right to waive all minor informalities not involving price, time, or changes in the Work.

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

19.03 Evaluation of Bids

A. In evaluating Bids, Owner 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.

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 shall 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 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.

19.04 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.

19.05 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 20 – BONDS AND INSURANCE

20.01 Article 6 of the General Conditions, as may be modified by the Supplementary Conditions, sets forth Owner’s requirements as to performance and payment bonds and insurance. When the Successful Bidder delivers the Agreement (executed by Successful Bidder) to Owner, it shall be accompanied by required bonds and insurance documentation.

ARTICLE 21 – SIGNING OF AGREEMENT

21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the unexecuted counterparts of the Agreement along with the other Contract Documents as identified in the Agreement. Within 15 days thereafter, Successful Bidder shall execute and deliver the required number of counterparts of the Agreement (and any bonds and insurance documentation required to be delivered by the Contract Documents) to Owner. Within ten days thereafter, Owner shall deliver one fully executed counterpart of the Agreement to Successful Bidder, together with printed and electronic copies of the Contract Documents as stated in Paragraph 2.02 of the General Conditions.

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EJCDC® C‐410, Bid Form for Construction Contracts. Copyright © 2013 i

BID FORM

RAY STREET AT BROOKS AVENUE WATER AND SEWER REPLACEMENT

SINGLE PRIME CONTRACT

FOR THE

ii

TABLE OF CONTENTS

Page Article 1 – Bid Recipient Article 2 – Bidder’s Acknowledgements Article 3 – Bidder’s Representations Article 4 – Bidder’s Certification Article 5 – Basis of Bid Article 6 – Time of Completion Article 7 – Attachments to this Bid Article 8 – Bid Submittal

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

The Mayor and City Council

City of Elizabeth City

P.O. Box 347, 306 East Colonial Avenue

Elizabeth City, NC 227907‐0347

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 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, and any data and reference items identified in the Bidding Documents, and hereby acknowledges receipt of the following Addenda:

Addendum No. Addendum, Date

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

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

D. 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 any 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.

E. Bidder agrees, based on the information and observations referred to in the preceding paragraph, that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this 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.

F. 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.

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

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

I. The submission of this Bid constitutes an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article, and that without exception the Bid and all prices in the Bid are premised upon performing and furnishing the Work required by the Bidding Documents.

ARTICLE 4 – BIDDER’S CERTIFICATION

4.01 Bidder certifies that:

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

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

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

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

1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process;

2. “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;

3. “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; and

4. “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 e execution of the Contract.

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the following Unit Price Items.

For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price times the estimated quantity of that item.

If no contract line item exists for a portion of the work, it shall be considered incidental and separate payment will not be made. Contractor shall include incidental costs in a related item.

UNIT PRICE ITEMS

ITEM

NO.

ITEM DESCRIPTION

UNIT

CDBG‐I No.

19‐I‐3648

QUANTITY

CDBG‐I No.

21‐I‐4004

QUANTITY

UNIT PRICE

(in Figures)

TOTAL ITEM PRICE

MISCELLANEOUS

1 Mobilization LS ‐ 1

2 Erosion and Sediment Control LS ‐ 1

3 Pavement Demolition SY‐IN ‐ 6,680

4 Aggregate Base Course TON ‐ 551

5 Asphalt Base Course SY‐IN ‐ 3,840

6 Asphalt Surface Course SY‐IN ‐ 6,530

7 Temporary Traffic Control LS ‐ 1

8 Milling Asphalt Pavement SY ‐ 3,265

SUBTOTAL OF MISCELLANEOUS

WATER DISTRIBUTION SYSTEM

9 Abandon Existing Water Main CY ‐ 10

10 Abandon/Remove Existing Water Service Lines

EA ‐ 30

11 Connection to Existing 6‐inch Water Main

EA 1 ‐

12 Temporary Line Stop or Insertion Valve (As Approved by the Owner)

EA 1 ‐

13 6‐inch Dia. C‐900 PVC DR 18 Water Main

LF 1,658 ‐

14 Fire Hydrant Assembly EA 3 ‐

15 6‐inch Gate Valve EA 3 ‐

16 8"x6" Tapping Sleeve & Valve EA 1 ‐

17 3/4‐inch Type K Copper Service EA 33 ‐

SUBTOTAL WATER DISTRIBUTION SYSTEM

DEFINITIONS OF UNIT PRICE ITEMS

1. Contract Line Item No. 1: Mobilization

a. This item consists of furnishing all material, equipment, and labor to mobilize on site including the bond amount.

b. Measurement for payment will be lump sum (LS).

c. Payment will be made at the contract lump sum.

2. Contract Line Item No. 2: Erosion and Sediment Control

a. This item consists of furnishing all material, equipment, and labor to install erosion and sediment control devises and maintain throughout construction and provide any clearing and tree removal approved by the owner for the construction of the new utility system.

b. Measurement for payment will be lump sum (LS).

c. Payment will be made at the contract lump sum.

UNIT PRICE ITEMS

ITEM

NO.

ITEM DESCRIPTION

UNIT

CDBG‐I No.

19‐I‐3648

QUANTITY

CDBG‐I No.

21‐I‐4004

QUANTITY

UNIT PRICE

TOTAL ITEM PRICE

SANITARY SEWER SYSTEM

18 Abandon/Remove Sanitary Lateral EA ‐ 30

19 Manhole Removal EA ‐ 4

20 Bypass Pumping LS ‐ 1

21 8‐inch Dia. Sanitary Sewer Pipe (Depth: 4‐5.99ft)

LF ‐ 540

22 8‐inch Dia. Sanitary Sewer Pipe (Depth: 6‐7.99ft)

LF ‐ 600

23 8‐inch Dia. Sanitary Sewer Pipe (Depth: 8‐9.99ft)

LF ‐ 519

24 Sewer Lateral LF ‐ 485

25 Precast Concrete Manhole (Depth: 3 – 5.99 ft)

EA ‐ 2

26 Precast Concrete Manhole (Depth: 6 – 7.99 ft)

EA ‐ 2

27 Precast Concrete Manhole (Depth: 8 – 9.99 ft)

EA ‐ 2

28 Clean‐out Assembly EA ‐ 31

29 Connection to and Rehabilitation of Existing Manhole

EA ‐ 1

SUBTOTAL SANITARY SEWER SYSTEM

TOTAL OF ALL PRICES

3. Unit Price Item No. 3: Pavement Demolition

a. This item consists of furnishing all material, equipment, and labor to demolish and removal of existing pavement. Pavement shall be demolished/milled as shown on the Contract Drawings, or as directed by the City’s inspector including demolition/milling operation, saw cutting, removal and proper disposal of existing pavement and incidentals required to complete the work in its entirety. All demolished/milled materials becomes the property of the contractor.

b. Measurement of payment will be square yard-inch (SY-IN).

c. Payment will be made at the contract square yard-inch.

4. Unit Price Item No. 4: Aggregate Base Course

a. This item consists of furnishing all material, equipment, and labor to install in place and compacted as specified 6-inches of aggregate base course material NCDOT approved as indicated on the Contract Drawings including sub-grade preparation, grading, excavation, and compaction required to complete the work in its entirety.

b. Measurement of payment will be by the Ton (TON).

c. Payment will be made at the contract Ton.

5. Unit Price Item No. 5: Asphalt Base Course

a. This item consists of furnishing all material, equipment, and labor to install in place as specified and shown on the contract documents 2-inches of Type I 19B Bituminous Intermediate course including compacting and tack coat.

b. Measurement of payment will be square yard-inch (SY-IN).

c. Payment will be made at the contract square yard-inch.

6. Unit Price Item No. 6: Asphalt Surface Course

a. This item consists of furnishing all material, equipment, and labor to install in place as specified and shown on the contract documents 2-inches of Type 9.5A Surface course including compacting and tack coat.

b. Measurement of payment will be square yard-inch (SY-IN).

c. Payment will be made at the contract square yard-inch.

7. Unit Price Item No. 7: Temporary Traffic Control

a. This item consists of furnishing all material, equipment, and labor to provide temporary traffic control during the duration of the project including, traffic control plan approval and or any permitting required by the Owner.

b. Measurement for payment will be lump sum (LS).

c. Payment will be made at the contract lump sum.

8. Unit Price Item No. 8: Milling Asphalt Pavement

a. This item consists of furnishing all material, equipment, and labor to perform milling of pavement and temporary pavement patching after all utility work has been completed. 2-inches of milling shall be performed for placement of the permanent surface course shown on the contract drawings.

b. Measurement for payment will be square yard-inch (SY-IN).

c. Payment will be made at the contract square yard-inch.

9. Unit Price Item No. 9: Abandon Existing Water Main

a. This item consists of furnishing all material, equipment, and labor to abandon existing water mains that are greater than 2-inches in diameter with a low density controlled low strength flowable fill for pipe abandonment including plugging/capping, joint restraints and or thrust blocks, dewatering, sheeting or shoring, excavation, backfilling, temporary or permanent pavement replacement, driveway and sidewalk replacement in-kind, and area restoration not indicated on the contract drawings.

b. Measurement for payment will be cubic yard (CY).

c. Payment will be made at the contract cubic yard.

10. Unit Price Item No. 10: Abandon/Remove Existing Water Service

a. This item consists of furnishing all material, equipment, and labor to abandon and/or remove existing water services including removal of existing water meter setter, box and lids, removal or capping of any existing service line, dewatering, excavation, sheeting or shoring, protection of existing utilities and structures, backfilling and compaction, unsuitable soil export and disposal in a lawful manner, driveway and sidewalk replacement in-kind, and any surface restorations.

b. Measurement for payment will be each item (EA).

c. Payment will be made at the…