Salem Ridge Culvert Repair.pdf

ITB 26-24014 | TOHS # 24-014 Salem Ridge Culvert Repair Page 1 of 70

Town of Holly Springs, North Carolina

INVITATION TO BID

ITB 26-24014 Salem Ridge Culvert Repair

Issue Date: June 15, 2026 Due Date: July 27, 2026, at 2:00 PM

1. GENERAL INFORMATION

1.1. Purpose

The Town of Holly Springs is seeking proposals from qualified and licensed contractors for installing Spray Applied Mortar Lining (SAML) to the Salem Ridge Culvert in Holly Springs, Town project No. 24-014. The work associated with this contract is anticipated to begin in August 2026, upon the Contractor’s receipt of the Notice to Proceed. Qualified bidders are invited to submit bids for the project, in accordance with this solicitation, by July 27, 2026, at 2:00 PM.

1.2. Background

A periodic inspection of the three 72” corrugated metal pipes (CMP) located on Salem Ridge Drive identified issues with the invert of the culverts. Evaluation of repair or replacement was conducted to determine best methods. SAML was selected as the method to repair the existing culverts. Installation of the SAML shall be in accordance with ASTM std. F3706-24, “Standard Practice for in Field Spray Applied Mortar Lining for Large Diameter Stormwater and Sewer Conduits.”

1.3. Minority Business Participation Goal

10% for construction projects in the amount of $300,000 or more.

2. PROCUREMENT PROCESS

2.1. Schedule

The following table shows the schedule of events for the conduct of this solicitation. Details for some of the events are described in subsequent sections.

DATE / TIME EVENT

June 15, 2026 Issuance of ITB by the Town.

July 13, 2026, by 4:00 PM EST Deadline for respondents to submit written questions.

July 17, 2026, by 4:00 PM EST Deadline for Town’s answers to question submissions.

July 27, 2026 at 2:00 PM EST Bids due from respondents.

On or after July 27, 2026 Bid evaluation begins and award(s) and contract negotiation(s) will follow

2.2. Questions

Respondents shall submit all questions, in writing, to the contact’s e-mail address listed below. When submitting questions, please include reference to a page and section, if applicable. Question submissions are due by the date and time listed in the “Schedule” table above. Questions submitted after the deadline do not require a response, though the Town will make reasonable efforts to provide clarification before the bid deadline, if able.

Question Contact Information:

Darin Eyster, darin.eyster@hollyspringsnc.gov mailto:darin.eyster@hollyspringsnc.gov

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Email Subject: 26-24014 ITB Salem Ridge Culvert Repair_[Vendor Name]

Apart from question submissions, respondents should refrain from contacting Town staff prior to the response deadline.

2.3. Responses to Questions & Addenda

Responses to question submissions and addenda (if applicable) will be posted on the Department of Administration’s Electronic Vendor Portal (eVP) under the referenced solicitation number/project, as well as the Town of Holly Springs website at the following hyperlink: https://www.hollyspringsnc.gov/2456/Bids-Requests-for-Proposals. It is suggested that you sign up for email updates at the bottom of the linked page to ensure you receive all relevant information, as it is posted. It is the respondent’s responsibility to ensure they have received, reviewed, and understand all posted addenda. Bidders are required to certify all Addenda were received in their bid submission.

2.4. Bid Submission & Withdrawal

Bids must be submitted via email to the contact listed below and by the date and time listed in the “Schedule” table. Bid content and format details are specified in the subsequent section of this solicitation. All submissions become property of the Town and are subject to public record upon receipt. MWBE/HUB certified businesses are encouraged to submit bids.

Submission Contact Information:

Purchasing Division, purchasing@hollyspringsnc.gov Email Subject: 26-24014 ITB Salem Ridge Culvert Repair_[Vendor Name]

Any bid submitted will be binding for ninety (90) days after the bid submission deadline. No bid may be changed or withdrawn after the bid submission deadline. Submitted bids may be withdrawn prior to the bid submission deadline by contacting the Submission Contact named above.

2.5. Evaluation & Selection

Bids will be evaluated by determining the lowest responsive, responsible bidder and considering:

• Ability to meet project completion deadline and capacity to provide the designated materials.

• Price and warranties for services of base bid only.

• Character, integrity, reputation, judgment, experience, and efficiency of bidder.

• Licensure and insurance requirements: all contractors must be properly licensed under the laws governing their respective trades and be able to obtain required insurance before contract award.

• Responsiveness to bidder instructions in bid submission

2.6. Contract and Award

The contract for this project will be a single-prime construction contract and is included, for review purposes only, as Attachment A.

Upon completion of bid evaluations, if the Town has determined a suitable offer, it will enter into contract negotiations with the apparent low responsible, responsive bidder.

Upon successful contract negotiations, the contract will be taken to Town Council, at the next scheduled Business Meeting, to approve contract award.

Upon contract award approval, the awarded bidder will be issued the “Notice of Award”, included as Form 5.

Upon contractor’s acceptance of the “Notice of Award” and compliance with requirements thereof, once the contract is fully executed, the contractor will be issued the “Notice to Proceed”, included as Form 6.

All bidders will be notified of the award decision via email, once council awards the contract.

https://www.hollyspringsnc.gov/2456/Bids-Requests-for-Proposals mailto:purchasing@hollyspringsnc.gov

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3. BID SUBMISSION INSTRUCTIONS

To be deemed responsive to this solicitation and to facilitate the evaluation process, the Town requires all responses to be organized per the content and format instructions in this section. Template forms are located in Section 4 of the solicitation. If your response cannot be completed within the framework of the provided form(s), please attach the continuation to the respective form and label as such.

3.1. Format

Bids shall be submitted in a single, PDF file type (or equivalent).

3.2. Content

All information below is required for the bid to be deemed responsive. The bid content should be labeled and structured as follows:

1) Cover letter

2) General Information

3) Bid Proposal

4) HUB/MWBE Forms (if applicable)

Failure to provide the information requested in accordance with this section may result in the Town, at its sole discretion, deeming the bid as non-responsive.

3.2.1. Cover Letter

Bid submissions must include a letter of transmittal attesting to its accuracy and signed by an individual authorized to execute binding legal documents for the business. The cover letter shall provide the legal name, address, and telephone number of the business along with the designated contact’s name, title, email address, and telephone number.

3.2.2. General Information

Submit the following information with bid:

1) Acknowledge receipt of all posted addenda; signature of authorized individual required

2) Communicate understanding of the scope and describe your approach to performing the requested services and bid information.

3) Include project milestones/Gantt chart for completion of work.

4) Identify subcontractors, if applicable. Note: Bidders must identify subcontractors in bid and may not substitute or add subcontractors in future unless good cause is provided to and approved by the Town.

MWBE/HUB certified subcontractor contracts are encouraged.

5) Experience and References: Provide details for three (3) projects of similar scope and size completed within the last 3 years. Include the following reference contact information: company’s name and contact’s name, title, telephone and email address.

3.2.3. Bid Proposal – FORM 1

Located in Section 4. Complete per form instructions and submit with bid.

3.2.4. Historically Underutilized/Minority Business Participation (HUB/MWBE) Forms Located in Section 4. Required for Bids over $300,000. Submit the following applicable forms with the bid.

FORM 2—Intent to perform the Contract with own workforce Affidavit

-OR-

FORM 3—Good Faith Efforts Affidavit and FORM 4—Identification of Minority Business Participation

4. FORMS

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FORM 1 – submit with bid

BID PROPOSAL

Base Bid: The bidder, having carefully examined all requirements of the project, hereby agrees to furnish all material, labor, equipment, and services necessary to complete the construction of the project for the stipulated sum(s) provided below. Sales tax may be included but must be listed separately—all sums will be assumed not to include sales tax unless provided appropriately.

COMPANY NAME: ___________________________________________________________

NORTH CAROLINA LICENSE NUMBER: ____________________________

Base Bid

Item No. Description Unit

Estimated Quantity

Unit Price

Extended Price

1 72” Spray Applied Mortar Lining, 1.5” Thick LF 282

2 Temporary Traffic Control LS 1

3 Injection Grouting GAL 395

4 Invert Mortar Repair CY 10

5 Incidental Grading LS 1

6 Storm Sewer Cleaning LS 1

7 Mobilization LS 1

Total of all extended prices for Estimated Quantities of Work $

Base Bid: $___________________

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FORM 2 – Submit with bid if over $300,000 and the below applies. If below does not apply, submit forms 3 and 4.

Intent to Perform Contract with Own Workforce

County of ___________________________________

Affidavit of _____________________________________________________ (Name of Bidder)

I hereby certify that it is our intent to perform 100% of the work required for the following contract:

(Name of Project)

In making this certification, the Bidder states that the Bidder does not customarily subcontract elements of this project type and normally performs, has the capability to perform, and will perform all elements of the work on this project with his/her own current work forces; and

The Bidder agrees to provide any additional information or documentation requested by the owner in support of the above statement.

The undersigned hereby certifies that he or she has read this certification and is authorized to bind the Bidder to the commitments contained herein.

Date: _________________ Name of Authorized Officer: ____________________________________

Signature: ___________________________________________________

Title: _______________________________________________________

State of _____________________, County of ________________________ Subscribed and sworn to before me this _________day of ________20____ Notary Public __________________________________________________ My commission expires __________________________________________

Seal

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FORM 3 – Page 1/2. Submit with bid if over $300,000. Do not submit if submitting Form 2.

Good Faith Efforts

County of ___________________________________

Affidavit of _____________________________________________________ (Name of Bidder)

I have made a good faith effort to comply under the following areas checked:

A minimum of 50 points is required to have achieved a "good faith effort."

(Y/N) _____ (1) Contacting minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor or available on State or local government-maintained lists at least 10 days before the bid or proposal date and notifying them of the nature and scope of the work to be performed. Value = 10 points

_____ (2) Making the construction plans, specifications, and requirements available for review by prospective minority businesses or providing these documents to them at least 10 days before the bid or proposals are due. Value = 10 points

_____ (3) Breaking down or combining elements of work into economically feasible units to facilitate minority participation. Value = 10 points

_____ (4) Working with minority trade, community, or contractor organizations identified by the Office of

Historically Underutilized Businesses and included in the bid documents that provide assistance in recruitment of minority businesses. Value = 10 points.

_____ (5) Attending any pre-bid meetings scheduled by the public owner. Value = 10 points.

_____ (6) Providing assistance in getting required bonding or insurance or providing alternatives to bonding or insurance for subcontractors. Value = 20 points.

_____ (7) Negotiating in good faith with interested minority businesses and not rejecting them as unqualified without sound reasons based on their capabilities. Any rejection of minority business based on lack of qualification should have the reasons documented writing. Value = 15 points.

_____ (8) Providing assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily is required. Assisting minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit. Value

= 25 points.

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FORM 3 – Page 2/2

_____ (9) Negotiating joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible. Value = 20 points.

_____ (10) Providing quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands. Value = 20 points.

In accordance with GS 143-128.2(d) the undersigned will enter into a formal agreement with the firms listed in the Identification of Minority Business Participation form conditional upon execution of a contract with the Town of Holly Springs. Failure to abide by this statutory provision will constitute a breach of the contract.

The undersigned hereby certifies that he or she has read the terms of the minority business commitment and is authorized to bind the bidder to the commitment herein set forth.

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FORM 4 – Submit with bid if over $300,000. Do not submit if submitting Form 2. If there is no MB participation, enter zero for total.

Identification of HUB Certified/Minority Business Participation

I, _______________________________________________________________________________________ (Name of Bidder) do hereby certify that on this project, we will use the following minority business enterprises as construction subcontractors, vendors, suppliers or providers of professional services. Attach additional sheets if required.

Name and Phone Number Work Description

* Minority Category

HUB Certified (Y/N)

*Minority categories: Black/African American (B), Hispanic (H), Asian American (A), American Indian (I), Female (F), Socially and Economically Disadvantaged (D)

The total value of minority business contracting will be ($) _______________.

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FORM 5 – For Town-use Only

NOTICE OF AWARD

CONTRACTOR/BIDDER:

ADDRESS:

PROJECT # AND TITLE:

OWNER: Town of HOLLY SPRINGS, P.O. Box 8, 128 S. Main St, Holly Springs, North Carolina 27540

You are hereby notified that the Owner has considered the Bid Proposal submitted by you for the above-described project in response to the Invitation to Bid #26-24014 issued June 15, 2026 .

It appears that it is in the best interest of said Owner to accept your Bid Proposal in the amount of:

________________________ Dollars ($______________). You are therefore hereby notified that your Bid Proposal has been accepted.

As a condition of Contract Award, the Bidder is required to execute and deliver the formal Contract and to furnish items indicated below, within fifteen (15) days from the date of the delivery of this Notice to you.

Fully Completed and Executed Contract

Certificate of Insurance that meets the limitations provided in the contract and names the Town of Holly Springs as additional insured.

Performance and Payment Bonds *not required if contract total is under $300,000*

HUB/MWBE Form 7 or Form 8 *not required if contract total is under $300,000*

Any additional documentation as requested by the Town

If you fail to execute said Contract and to furnish the indicated items within fifteen (15) days from the date of delivery of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner’s acceptance of your Bid

Proposal as abandoned and to award the work covered by your Bid Proposal to another bidder, or to readvertise the work or otherwise dispose thereof as the Owner may see fit.

Dated this ____ day of _________________, 20_____.

Town of HOLLY SPRINGS, North Carolina

By:

Title & Department:

ACCEPTANCE OF NOTICE

Receipt of the above Notice of Award is hereby acknowledged this _____ day of ____________________ 20______.

Contractor/Bidder:

Authorized Signatory & Title:

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FORM 6 – For Town-use Only

NOTICE TO PROCEED

You are hereby notified to commence Work on the referenced project on or before _____________, 20____ (the “Commencement Date”), and are to finally and fully complete the Work within ________ CONSECUTIVE CALENDAR DAYS of the Commencement Date.

Your Contract final completion date is therefore _________________, 20____.

The Agreement provides for assessment of liquidated damages for each consecutive calendar day after the above established completion date that the Work remains incomplete to the standard and degree required.

Dated this ____ day of _________________ , 20____.

Town of HOLLY SPRINGS, North Carolina

By:

Title & Department:

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FORM 7 – Page 1/2. Awarded Contractor only. Submit with acceptance of Notice of Award if contract total is $300,000 or more and 10% minority business participation goal is met or exceeded. If goal is not met, submit Form 8.

Portion of the Work to be Performed by HUB Certified/Minority Business

CONTRACT TOTAL: $

I hereby certify I will expend a minimum of ________% of the total dollar amount of the contract with minority business enterprises. Minority Businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below. Attach additional sheets if required.

Category

HUB Certified (Y/N)

Dollar Value

*Minority categories: Black/African American (B), Hispanic (H), Asian American (A), American Indian (I), ITB 26-24014 | TOHS # 24-014 Salem Ridge Culvert Repair Page 12 of 70

FORM 7 – Page 2/2

Pursuant to GS 143-128.2(d), the undersigned will enter into a formal agreement with Minority Firms for work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill this commitment may constitute a breach of the contract.

The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth.

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FORM 8 – Page 1/2. Awarded Contractor only. Submit with acceptance of Notice of Award if contract total is $300,000 or more and 10% minority business participation goal is NOT met. If goal is met or exceeded, submit Form 7.

Documented Good Faith Efforts

CONTRACT TOTAL: $

I hereby certify I will expend a minimum of ________% of the total dollar amount of the contract with minority business enterprises. Minority Businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below. Attach additional sheets if required.

Category

HUB Certified (Y/N)

Dollar Value

*Minority categories: Black/African American (B), Hispanic (H), Asian American (A), American Indian (I), Examples of documentation that may be required to demonstrate the Bidder's good faith efforts to meet the goals set forth in these provisions include, but are not necessarily limited to, the following:

A. Copies of solicitation for quotes to at least three (3) minority business firms form the source list provided for each subcontract to be let under this contract (if 3 or more firms are shown on the source list). Each solicitation shall contain a specific description of the work to be subcontracted, location where bid documents can be reviewed, representative of the Prime Bidder to contract, and location, date and time when quotes must be received.

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FORM 8 – Page 2/2.

B. Copies of quotes or responses received from each firm responding to the solicitation.

C. A telephone log of follow-up calls to each firm sent a solicitation.

D. For subcontracts where a minority business firm is not considered the lowest responsible sub-bidder, copies of quotes received from all firms submitting quotes for that particular subcontract.

E. Documentation of any contacts or correspondence to minority business, community, or contractor organizations in an attempt to meet the goal.

F. Copy of pre-bid roster.

G. Letter documenting efforts to provide assistance in obtaining required bonding or insurance for minority business.

H. Letter detailing reasons for rejection of minority business due to lack of qualification.

I. Letter documenting proposed assistance offered to minority businesses in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letter of credit, including waiving credit that is ordinarily required.

Failure to provide documented good faith efforts, such as the examples listed above, may result in rejection of the bid and award to the next lowest responsible and responsive bidder.

Pursuant to GS 143-128.2(d), the undersigned will enter into a formal agreement with Minority Firms for work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill this commitment may constitute a breach of the contract.

The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth.

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5. DISCLOSURES

5.1. Accuracy of ITB and Related Documents.

Each respondent must independently evaluate all information provided by the Town. The Town makes no representations or warranties regarding any information presented in, or otherwise made available during this procurement process, and assumes no responsibility for conclusions or interpretations derived from such information. Additionally, the Town will not be bound by or responsible for any explanations or conclusions regarding this or any related documents other than those provided by an addendum issued by the Town.

Respondents may not rely on any oral statement by the Town or its agents, advisors, or consultants.

If a respondent identifies potential errors or omissions in this or any other related documents, the respondent should immediately notify the contact listed in Section 3.5 of such potential discrepancy in writing. The Town may issue a written addendum if it determines correction is necessary.

5.2. Town’s Rights and Options.

The Town reserves the right, at the Town’s sole discretion, to take any action affecting this ITB, this ITB process, or the services or facilities subject to this ITB, that would be in the best interests of the Town, including:

i. To supplement, amend, substitute, or otherwise modify this ITB, including the schedule, or to cancel this ITB, at any time;

ii. To require any respondent to supplement or clarify its bid or provide additional information relating to its response;

iii. To investigate the qualifications, experience, capabilities, and financial standing of each respondent submitting a bid;

iv. To waive any defect or irregularity in any bid received;

v. To reject any or all bids;

vi. To share the bids with Town employees and contractors, in addition to the Evaluation Committee, as deemed necessary by the Town;

vii. To award all, none, or any part of the services and enter into contracts with one or more of the respondents deemed by the Town to be in the best interest of the Town, which may be done with or without re-solicitation;

viii. To discuss and negotiate with any respondents their bid terms and conditions, including but not limited to financial terms; and

ix. To terminate discussions and negotiations with any respondent at any time and for any reason.

5.3. Expense of Bid Preparation.

The Town accepts no liability and respondents will have no actionable claims for reimbursement of any costs or expenses incurred while participating in this solicitation process. This includes expenses and costs related to bid submission, submission of written questions, attendance at Prebid conference, contract negotiations, or activities required for contract execution.

5.4. Vendor Inclusion

The Town’s vendor management philosophy supports a fair, open, and inclusive process that offers the same access and information to all vendors. The Town provides an email alert option to allow vendors optimal notice and access to all solicitations as they are posted. This can be found on the Town of Holly Springs website at the following hyperlink: https://www.hollyspringsnc.gov/2456/Bids-Requests-for-Proposals

5.5. Dispute Resolution Process

No services shall be delayed or postponed pending the resolution of any dispute unless Town otherwise agrees in writing. Any and all suits or actions to enforce, interpret or seek damages with respect to any provision of, or the performance or non-performance of, this Agreement shall be brought exclusively in the General Court of Justice of North Carolina sitting in Wake County, North Carolina and it is agreed by the parties that no other

ITB 26-24014 | TOHS # 24-014 Salem Ridge Culvert Repair Page 16 of 70 court shall have jurisdiction or venue with respect to such suits or actions. For any amount in controversy in excess of $15,000 the Contractor shall participate in the Town’s dispute resolution process which shall be considered part of Basic Services or Scope of Work unless specifically agreed otherwise herein. The Town’s dispute resolution process is to engage in prelitigation mediation under the rules of Mediation for Superior Court notwithstanding the amount in controversy.

Confidentiality Responses to the ITB will become public records and, therefore, will be subject to public disclosure after contract award.

However, North Carolina General Statutes Section 132-1.2 provides a method for protecting some documents from public disclosure. If the Consulting firm follows the procedures prescribed by those statutes and designates a document confidential or trade secret, the Town will withhold the document from public disclosure to the extent that is entitled or required to do so by applicable law, and will return the document after selection.

Equal Employment Opportunity The Town of Holly Springs does not discriminate in administering any of its programs and activities. The consultant awarded the contract for work will be required to ensure that no person shall be denied employment, fair treatment or be discriminated against on the basis of race, sex, religion, age, national origin, or handicap.

Minority/Women/Small Business Enterprise It shall be the practice of the Town of Holly Springs to provide minority-owned, women owned, and small business enterprises (collectively “M/W/SBE”) as well as other responsible vendors with fair and reasonable opportunity to participate in the Town’s business opportunities including but not limited to employment, construction development projects, and material/services consistent with the laws of the State of North Carolina. The policy of the Town prohibits discrimination against any person or business in pursuit of these opportunities on the basis of race, color, national origin, religion, sex, age, disability, or veteran’s status. It is further the policy of the Town to conduct its contracting and procurement programs so as to prevent such discrimination and to resolve all claims of such discrimination.

Contracting Any contract developed for work shall be construed and enforced in accordance with the laws of the State of North Carolina. Any controversy or claim arising because of contracting shall be settled by an action initiated in the appropriate division of the General Court of Justice in Wake County, North Carolina.

Conditions and Limitations The Town expects to select a firm from the bids submitted but reserves the right to reject any or all responses to the ITB, to advertise for new responses, or to accept any response deemed to be in the best interest of the Town. A response to this ITB should not be construed as a contract nor an indication of a commitment of any kind on the part of the Town nor does it commit either to pay for costs incurred in the submission of a response to this request or for any cost incurred prior to the execution of a final contract. The Town will reserve the right to dismiss any part or all of the contracted team when, in the Town’s opinion, the project is not moving as scheduled or is hindered in any way by the actions or personalities of team members.

EJCDC® C-522, Contract for Construction of a Small Project.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ATTACHMENT A: DRAFT CONTRACT

EJCDC C-522 CONTRACT FOR CONSTRUCTION OF A

SMALL PROJECT

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document has been adapted to the particular circumstances of the contemplated Project and the controlling Laws and Regulations.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Copyright © 2016:

National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies 1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above.

The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents;

please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

http://www.nspe.org/ http://www.acec.org/ http://www.asce.org/ http://www.ejcdc.org/

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 19 of 70

CONTRACT FOR CONSTRUCTION OF A SMALL PROJECT

This Contract is by and between The Town of Holly Springs (Owner) and

(Contractor).

Owner and Contractor hereby agree as follows:

ARTICLE 1 - THE WORK

1.01 Work

A. Work includes all labor, materials, equipment, services, and documentation necessary to construct the Project defined herein.

B. The Contractor shall complete all Work as specified or indicated in the Contract Documents.

The Project is generally described as follows:

1. Installation of Spray Applied Mortar Lining to 282 linear feet of 72” corrugated metal pipes (CMP). The project also includes pipe cleaning of 282 linear feet of CMP, injection grouting and invert mortar repair. All repairs shall be made in accordance with “Standard Practice for In Field Spray Applied Mortar Linings for Large Diameter Stormwater and Sewer Conduits, ASTM Std. F3706-24.”

2. The Technical Specifications in Exhibit A provide detailed information on installation methods and measurements.

3. The quantities shown in the Bid Proposal are approximate and are given as the basis for comparison of bids.

4. Warranty: The Contractor shall guarantee materials and workmanship against latent and patent defects arising from faulty materials, faulty workmanship or negligence for a period of twelve months following the date of final acceptance of the work for maintenance and shall replace such defective materials and workmanship without cost to the Town. The Contractor will not be responsible for damage due to faulty design, normal wear and tear, for negligence on the part of the Town, and/or for use more than the design.

ARTICLE 2 - CONTRACT DOCUMENTS

2.01 Intent of Contract Documents

A. It is the intent of the Contract Documents to describe a functionally complete project. The Contract Documents do not indicate or describe all of the Work required to complete the Project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Owner and Engineer. This Contract supersedes prior negotiations, representations, and agreements, whether written or oral.

The Contract Documents are complementary; what is required by one part of the Contract Documents is as binding as if required by other parts of the Contract Documents.

B. During the performance of the Work and until final payment, Contractor and Owner shall submit all matters in question concerning the requirements of the Contract Documents, or relating to the acceptability of the Work under the Contract Documents to the Engineer.

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Engineer will be the initial interpreter of the requirements of the Contract Documents, and judge of the acceptability of the Work thereunder.

C. Engineer will render a written clarification, interpretation, or decision on the issue submitted, or initiate a modification to the Contract Documents.

D. Contractor, and its subcontractors and suppliers, shall not have or acquire any title to or ownership rights to any of the Drawings, Specifications, or other documents (including copies or electronic media editions) prepared by Engineer or its consultants.

2.02 Contract Documents Defined

A. The Contract Documents consist of the following documents:

1. This Contract.

2. Exhibit A: Technical Specifications.

3. The following which may be delivered or issued on or after the Effective Date of the Contract:

a. Work Change Directives (EJCDC C-940).

b. Change Orders (EJCDC C-941).

c. Field Orders.

d. Payment Application Forms.

e. Project Closeout Forms.

ARTICLE 3 - ENGINEER

3.01 Engineer

A. The Engineer for this Project is The Town of Holly Springs.

ARTICLE 4 - CONTRACT TIMES

4.01 Contract Times

A. The Work will be substantially completed on or before November 1, 2026, and completed and ready for final payment on or before December 1, 2026.

4.02 Liquidated Damages

A. Contractor and Owner recognize that time is of the essence in the performance of the Contract, and that Owner will incur damages if Contractor does not complete the Work according to the requirements of Paragraph 4.01. Because such damages for delay would be difficult and costly to determine, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty) Contractor shall pay Owner $300 for each day that expires after the Contract Time for substantial completion.

4.03 Delays in Contractor’s Progress

A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in the Contract Times and Contract Price. Contractor’s entitlement to

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 21 of 70 an adjustment of the Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the Work within the Contract Times.

B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor or their subcontractors or suppliers.

C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to an equitable adjustment in Contract Times.

D. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor or Contractor’s subcontractors or suppliers.

4.04 Progress Schedules

A. Contractor shall develop a progress schedule and submit to the Engineer for review and comment before starting Work on the Site. The Contractor shall modify the schedule in accordance with the comments provided by the Engineer.

B. The Contractor shall update and submit the progress schedule to the Engineer each month.

The Owner may withhold payment if the Contractor fails to submit the schedule

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ARTICLE 5 - CONTRACT PRICE

5.01 Payment

A. Owner shall pay Contractor in accordance with the Contract Documents, the lump sum amount not to exceed $ for all the work.

For the convenience of the parties in determining any future change order(s) or work change directive(s), the following unit prices for each unit of Work completed have been considered in calculating the Base Bid:

Base Bid

Item No. Description Unit

Estimated Quantity

Unit Price

Extended Price

1 72” Spray Applied Mortar Lining, 1.5” Thick LF 282

2 Temporary Traffic Control LS 1

3 Injection Grouting GAL 395

4 Invert Mortar Repair CY 10

5 Incidental Grading LS 1

6 Storm Sewer Cleaning LS 1

7 Mobilization LS 1

Total of all extended prices for Estimated Quantities of Work $

Base Bid: $___________________

Payment will be made in an amount equal to the total of all extended prices for actual Work completed. The extended price is determined by multiplying the unit price times the actual quantity of that Work item completed. Actual quantities installed will be determined by the Engineer.

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 23 of 70

ARTICLE 6 - INSURANCE

6.01 Insurance

A. Before starting Work, Contractor shall furnish evidence of insurance from companies that are duly licensed or authorized in the jurisdiction in which the Project is located with a minimum AM Best rating of A-VII or better. Contractor shall provide insurance in accordance with the following:

1. Contractor shall provide coverage for not less than the following amounts, or greater where required by Laws and Regulations:

a. Workers’ Compensation:

State: Statutory

Employer’s Liability:

Bodily Injury, each Accident $ Statutory

Bodily Injury By Disease, each Employee $ Statutory

Bodily Injury/Disease Aggregate $ Statutory

b. Commercial General Liability:

General Aggregate $ 10,000,000

Products - Completed Operations Aggregate $

Personal and Advertising Injury $ 2,000,000

Each Occurrence (Bodily Injury and Property Damage) $ 10,000,000

c. Automobile Liability herein:

Bodily Injury:

Each Person $

Each Accident $

Property Damage:

Each Accident $

Combined Single Limit of: $

d. Excess or Umbrella Liability:

Per Occurrence $

General Aggregate $ 10,000,000

e. Contractor’s Pollution Liability:

Each Occurrence $ 5,000,000

General Aggregate $ 5,000,000

B. All insurance policies required to be purchased and maintained will contain a provision or endorsement that the coverage afforded will not be canceled or materially changed or renewal refused until at least 10 days prior written notice has been given to the insured and additional insured.

C. Automobile liability insurance provided by Contractor shall provide coverage against claims for damages because of bodily injury or death of any person or property damage arising out

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 24 of 70 of the ownership, maintenance, or use of any motor vehicle. The automobile liability policy shall be written on an occurrence basis.

D. Contractor’s commercial general liability policy shall be written on a 1996 or later ISO commercial general liability occurrence form and include the following coverages and endorsements:

1. Products and completed operations coverage maintained for three years after final payment;

2. Blanket contractual liability coverage to the extent permitted by law;

3. Broad form property damage coverage; and

4. Severability of interest; underground, explosion, and collapse coverage; personal injury coverage.

E. The Contractor’s commercial general liability and automobile liability, umbrella or excess, and pollution liability policies shall include and list Owner and Engineer and the respective officers, directors, members, partners, employees, agents, consultants, and subcontractors of each as additional insureds; and the insurance afforded to these additional insureds shall provide primary coverage for all claims covered thereby (including as applicable those arising from both ongoing and completed operations) on a non-contributory basis.

1. Additional insured endorsements will include both ongoing operations and products and completed operations coverage through ISO Endorsements CG 20 10 10 01 and CG 20 37 10 01 (together). If Contractor demonstrates to Owner that the specified ISO endorsements are not commercially available, then Contractor may satisfy this requirement by providing equivalent endorsements.

2. Contractor shall provide ISO Endorsement CG 20 32 07 04, “Additional Insured— Engineers, Architects or Surveyors Not Engaged by the Named Insured” or its equivalent for design professional additional insureds.

F. Umbrella or excess liability insurance shall be written over the underlying employer’s liability, commercial general liability, and automobile liability insurance. Subject to industry-standard exclusions, the coverage afforded shall be procured on a “follow the form” basis as to each of the underlying policies. Contractor may demonstrate to Owner that Contractor has met the combined limits of insurance (underlying policy plus applicable umbrella) specified for employer’s liability, commercial general liability, and automobile liability through the primary policies alone, or through combinations of the primary insurance policies and an umbrella or excess liability policy.

G. The Contractor shall provide property insurance covering physical loss or damage during construction to structures, materials, fixtures, and equipment, including those materials, fixtures, or equipment in storage or transit.

H. If Contractor has failed to obtain and maintain required insurance, Owner may exclude the Contractor from the Site, impose an appropriate set-off against payment, and exercise Owner’s termination rights under Article 15.

ARTICLE 7 - CONTRACTOR’S RESPONSIBILITIES

7.01 Supervision and Superintendence

A. Contractor shall supervise and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the

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Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, safety, and procedures of construction.

B. Contractor shall assign a competent resident superintendent who is to be present at all times during the execution of the Work. This resident superintendent shall not be replaced without written notice to and approval by the Owner and Engineer except under extraordinary circumstances.

C. Contractor shall at all times maintain good discipline and order at the Site.

D. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during regular working hours, Monday through Friday.

7.02 Other Work at the Site

A. In addition to and apart from the Work of the Contractor, other work may occur at or adjacent to the Site. Contractor shall take reasonable and customary measures to avoid damaging, delaying, disrupting, or interfering with the work of Owner, any other contractor, or any utility owner performing other work at or adjacent to the Site.

7.03 Services, Materials, and Equipment

A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, testing, start up, and completion of the Work, whether or not such items are specifically called for in the Contract Documents.

B. All materials and equipment incorporated into the Work shall be new, of good quality and shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable supplier, except as otherwise may be provided in the Contract Documents.

7.04 Subcontractors and Suppliers

A. Contractor may retain subcontractors and suppliers for the performance of parts of the Work. Such subcontractors and suppliers must be acceptable to Owner.

7.05 Quality Management

A. Contractor is fully responsible for the managing quality to ensure Work is completed in accordance with the Contract Documents.

7.06 Licenses, Fees and Permits

A. Contractor shall pay all license fees and royalties and assume all costs incident to performing the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others.

B. Contractor shall obtain and pay for all construction permits and licenses unless otherwise provided in the Contract Documents.

7.07 Laws and Regulations; Taxes

A. Contractor shall give all notices required by and shall comply with all local, state, and federal Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, neither Owner nor Engineer shall be

Copyright © 2016 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 26 of 70 responsible for monitoring Contractor’s compliance with any Laws or Regulations.

B. Contractor shall bear all resulting costs and losses, and shall indemnify and hold harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them from and against all claims, costs, losses, and damages if Contractor performs any Work or takes any other action knowing or having reason to know that it is contrary to Laws or Regulations.

C. Contractor shall pay all applicable sales, consumer, use, and other similar taxes Contractor is required to pay in accordance with Laws and Regulations.

7.08 Record Documents

A. Contractor shall maintain one printed record copy of all Drawings, Specifications, Addenda, Change Orders, Work Change Directives, Field Orders, written interpretations and clarifications, and approved shop drawings in a safe place at the Site. Contractor shall annotate them to show changes made during construction. Contractor shall deliver these record documents to Engineer upon completion of the Work.

7.09 Safety and Protection

A. Contractor shall be solely responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the Work.

B. Contractor shall take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury, or loss to:

1. All persons on the Site or who may be affected by the Work;

2. All the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and

3. Other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, other work in progress, utilities, and underground facilities not designated for removal, relocation, or replacement in the course of construction.

C. All damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by Contractor, or anyone for whose acts the Contractor may be liable, shall be remedied by Contractor at its expense (except damage or loss attributable to the fault of Contract Documents or to the acts or omissions of Owner or Engineer and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of Contractor).

D. Contractor shall be responsible for coordinating…