Water _ Sewer Improvements.pdf

FY-27 Water & Sewer Improvements i

TABLE OF CONTENTS

ADVERTISEMENT FOR BIDDERS ................................................................................................... AD-1

INSTRUCTIONS TO BIDDERS ..................................................................................................... IB-1 - 10

BID ............................................................................................................................................ BID-1 - 6

PAYMENT ............................................................................................................ PAYMENT 01150-1 - 4

NOTICE OF AWARD ........................................................................................................................... NA-1

AGREEMENT FORM ................................................................................................... AGREEMENT-1 - 7

CITY OF NEW BERN TERMS AND CONDITIONS……………………………………...…………TC-1

E-VERIFY AFFIDAVIT…………………………………………………...…………………………………………….EV-1

NOTICE TO PROCEED ........................................................................................................................ NP-1

APPLICATION FOR PAYMENT ................................................................................................... AP-1 - 4

GENERAL CONDITIONS ............................................................................................................ GC-1 - 66

SUPPLEMENTARY CONDITIONS ................................................................................................ SC-1 - 4

CHANGE ORDER ................................................................................................................................ CO-1

WATER & SEWER TECHNICAL SPECIFICATIONS ...................................................................... 1 - 88

ADVERTISEMENT FOR BIDDERS AD-1

ADVERTISEMENT FOR BIDDERS

CITY OF NEW BERN

FY-27 WATER & SEWER IMPROVEMENTS

Sealed bids will be received by the Director of Water Resources in the Water Resources Administration Office at 527 NC Highway 55 West, New Bern, North Carolina, until 11:00 a.m.

on Thursday, September 17th, 2026 and immediately thereafter publicly opened and read, for constructing the following facilities:

The construction of approximately 1,025 linear feet of 6” PVC water main, 2,300 linear feet of 2” PVC water main, removal and replacement of 1,477 linear feet of 8” sanitary sewer main, installation of 11 new sanitary sewer manholes, replacement of water and sanitary sewer services and other work associated with FY-27 Water & Sewer Improvements project.

Bids must be enclosed in a sealed envelope, addressed to the City of New Bern, PO Box 1129, New Bern, NC 28563. The outside of the envelope must be marked "FY-27 Water & Sewer Improvements Project". All bids must be made on blank forms provided and included in the bound document. The name, address, and license number of the Bidder must be plainly marked thereon.

Each Bid must be accompanied by cash or a certified check, drawn on a bank or trust company authorized to do business in North Carolina, payable to the City of New Bern in an amount at least equal to five percent (5%) of the total amount of the bid, as a guarantee that a contract will be entered into. In lieu of cash or certified check, the Bidder may submit a bid bond in the form prescribed in G.S. 143-129 as amended by Chapter 1104 of the Public Laws of 1951.

The City of New Bern reserves the right to reject any or all bids.

Contractors are notified that legislative acts relating to licensing of contractors will be observed in receiving and awarding contracts.

Potential prime Contractors are encouraged to attend the Pre-Bid Conference that will be held in the Office of the Director of Water Resources in the Water Resources Administration Office at 527 NC Highway 55 West, New Bern, North Carolina on Thursday September 3rd, 2026 at 11:00 a.m.

Plans and specifications for the proposed project are on file and may be viewed at the Office of the Director of Water Resources and on the City’s website at:

http://www.newbernnc.gov/business/city_bids_and_proposals/index.php

EJCDC C-200 (2018)

Revised by New Bern (2026) IB-1

INSTRUCTIONS TO BIDDERS

Article 1— Defined Terms

Article 2— Bidding Documents

Article 3— Qualifications of Bidders

Article 4— Pre-Bid Conference

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

Other Work at the Site

Article 6— Bidder’s Representations and Certifications

Article 7— Interpretations and Addenda

Article 8— Bid Security

Article 9— Contract Times

Article 10— Substitute and “Or Equal” Items

Article 11— Subcontractors, Suppliers, and Others

Article 12— Preparation of Bid

Article 13— Basis of Bid

Article 14— Submittal of Bid

Article 15— Modification and Withdrawal of Bid

Article 16— Opening of Bids

Article 17— Bids to Remain Subject to Acceptance

Article 18— Evaluation of Bids and Award of Contract

Article 19— Bonds and Insurance

Article 20— Signing of Agreement

Article 21— Sales and Use Taxes

Revised by New Bern (2026) IB-1

ARTICLE 1—DEFINED TERMS

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

A. Issuing Office—The office of the City of New Bern Water Resources department is from which the Bidding Documents are to be issued and where the bidding procedures are to be administered.

B. Owner- Any further reference to the Owner shall refer to the City of New Bern.

C. Engineer- The Engineer for this project will be the City of New Bern, Director of Water Resources;

Jordan B. Hughes, P.E.

P.O. Box 1129

New Bern, NC

28563-1129

ARTICLE 2—BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bid may be obtained from the City of New Bern Water resources department.

The deposit will be refunded to each document holder of record who returns a complete set of Bidding Documents in good condition within 30 days after opening of Bids.

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 confer a license or grant for any other use.

ARTICLE 3—QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, after submitting its Bid and within five days of Owner’s request, Bidder must submit the following information:

A. Written evidence establishing qualifications such as financial data, previous experience, present commitments, and such other data as may be requested.

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

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

D. Subcontractor and Supplier qualification information.

E. Other required information regarding qualifications.

Revised by New Bern (2026) IB-2

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

ARTICLE 4—PRE-BID CONFERENCE

4.01 A pre-bid conference shall be held as stated in the advertisement for bid.

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

SITE; OWNER’S SAFETY PROGRAM; OTHER WORK AT THE SITE

5.01 Site and Other Areas

A. The Site is identified in the Bidding Documents. 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 land, are to be obtained and paid for by Contractor.

5.02 Existing Site Conditions

A. Subsurface and Physical Conditions; Hazardous Environmental Conditions

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

a. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that the Engineer has used in preparing the Bidding Documents.

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

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

d. Technical Data contained in such reports and drawings.

2. Owner will 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.

B. Underground Facilities: Underground Facilities are shown or indicated on the Drawings, pursuant to Paragraph 5.05 of the General Conditions, and not in the drawings referred to in Paragraph 5.02.A of these Instructions to Bidders. Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data.

Revised by New Bern (2026) IB-3

5.03 Other Site-related Documents

A. In addition to the documents regarding existing Site conditions referred to in Paragraph 5.02.A, the following other documents relating to conditions at or adjacent to the Site are known to Owner and made available to Bidders for reference:

1. No other Site-related documents are available.

B. Owner has not verified the contents of these other Site-related documents, and Bidder may not rely on the accuracy of any data or information in such documents. Bidder is responsible for any interpretation or conclusion Bidder draws from the other Site-related documents.

C. The other Site-related documents are not part of the Contract Documents.

D. Bidders are encouraged to review the other Site-related documents, but Bidders will not be held accountable for any data or information in such documents. The requirement to review and take responsibility for documentary Site information is limited to information in (1) the Contract Documents and (2) the Technical Data.

E. No other Site-related documents are available.

5.04 Site Visit and Testing by Bidders

A. Bidder is required to visit the Site and conduct a thorough visual examination of the Site and adjacent areas. During the visit the Bidder must not disturb any ongoing operations at the Site.

B. Maps to the Site will be made available upon request.

C. Bidders visiting the Site are required to arrange their own transportation to the Site.

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

E. On request, and to the extent Owner has control over the Site, and schedule permitting, the Owner will provide Bidder general access to the Site to conduct such additional examinations, investigations, explorations, tests, and studies as Bidder deems necessary for preparing and submitting a successful Bid. 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. Bidder is responsible for establishing access needed to reach specific selected test sites.

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

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

5.05 Owner’s Safety Program

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

5.06 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

Revised by New Bern (2026) IB-4 other work, then on request, Owner will provide to each Bidder access to examine such contracts (other than portions thereof related to price and other confidential matters), if any.

ARTICLE 6—BIDDER’S REPRESENTATIONS AND CERTIFICATIONS

6.01 Express Representations and Certifications in Bid Form, Agreement

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

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

ARTICLE 7—INTERPRETATIONS AND ADDENDA

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

7.02 Bidder shall submit all questions about the meaning or intent of the Bidding Documents to Engineer in writing.

7.03 Interpretations or clarifications considered necessary by Engineer in response to such questions will be issued by Addenda delivered to all registered plan holders. Questions received less than seven days prior to the date for opening of Bids may not be answered.

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

ARTICLE 8—BID SECURITY

8.01 A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent of Bidder’s maximum Bid price and in the form of a certified check, cash, cashiers check, or a Bid bond (on the form attached) issued by a surety meeting the requirements of Paragraph 6.01 of the General Conditions.

8.02 The Bid security of the Successful Bidder will be retained until 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 and furnish the required Contract security within 10 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. 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

Revised by New Bern (2026) IB-5

7 days after the Effective Date of the Contract or 61 days after the Bid opening, whereupon Bid security furnished by such Bidders will be released.

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

ARTICLE 9—CONTRACT TIMES

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

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

ARTICLE 10—SUBSTITUTE AND “OR EQUAL” ITEMS

10.01 The Contract for the Work, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, and those “or-equal” or substitute materials and equipment approved by Engineer and identified by Addendum. No item of material or equipment will be considered by Engineer as an “or-equal” or substitute unless written request for approval has been submitted by Bidder and has been received by Engineer within 15 days of the issuance of the Advertisement for Bids or invitation to Bidders. Each such request must comply with the requirements of Paragraphs 7.05 and 7.06 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of approval or disapproval of a proposed item will be final. If Engineer approves any such proposed item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders cannot rely upon approvals made in any other manner.

ARTICLE 11—SUBCONTRACTORS, SUPPLIERS, AND OTHERS

11.01 The apparent Successful Bidder, and any other Bidder so requested, must submit to Owner a list of the Subcontractors or Suppliers proposed for the following portions of the Work within five days after Bid opening:

11.02 If requested by Owner, such list must be accompanied by an experience statement with pertinent information regarding similar projects and other evidence of qualification for each such Subcontractor or Supplier. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor or Supplier, Owner may, before the Notice of Award is given, request apparent Successful Bidder to submit an acceptable substitute, in which case apparent Successful Bidder will 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.

11.03 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 and Suppliers.

Declining to make requested substitutions will constitute grounds for forfeiture of the Bid security of any Bidder. Any Subcontractor or Supplier, 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 7.07 of the General Conditions.

Revised by New Bern (2026) IB-6

ARTICLE 12—PREPARATION OF BID

12.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from Engineer.

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

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

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

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

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

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

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

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

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

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

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

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

ARTICLE 13—BASIS OF BID

13.01 Unit Price

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

Revised by New Bern (2026) IB-7

B. The “Bid 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. Discrepancies between words or figures will be resolved in favor of the words.

ARTICLE 14—SUBMITTAL OF BID

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

14.02 A Bid must be received no later than the date and time prescribed and at the place indicated in the Advertisement or invitation to bid and must be enclosed in a plainly marked package with the Project title, and, if applicable, the designated portion of the Project for which the Bid is submitted, the name and address of Bidder, and must be accompanied by the Bid security and other required documents. Bids submitted by U.S. mail, UPS, FedEx, courier, or other delivery service shall be addressed to the Director of Water Resources and clearly identified with the RFB Number. “RFB Water/Sewer 27-01.” A mailed Bid must be addressed to the location designated in the Advertisement with the required exterior package marking

i) SEALED BID- RFB Water/Sewer 27-01

FY-27 Water & Sewer Improvements Project

ATTN: Director of Water Resources

Mailing Address: Director of Water Resources

City of New Bern

P.O. Box 1129

New Bern, NC

28563-1129

Physical Delivery Address: Director of Water Resources

Water Resources Administration office

527 NC Highway 55 West, New Bern, NC

Revised by New Bern (2026) IB-8

14.03 Bidders are responsible for selecting the appropriate delivery method. 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 15—MODIFICATION AND WITHDRAWAL OF BID

15.01 An unopened Bid may be withdrawn by an appropriate document duly executed in the same manner that a Bid must be executed and delivered to the place where Bids are to be submitted 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.

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

15.03 If within 72 hours after Bids are opened any Bidder files a duly signed written request with Owner to withdraw its Bid based upon a qualifying mistake, the request may be considered for withdrawal, and the Bid security will be returned. Thereafter, if the Work is rebid, the Bidder will be disqualified from further bidding on the Work.

ARTICLE 16—OPENING OF BIDS

16.01 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 17—BIDS TO REMAIN SUBJECT TO ACCEPTANCE

17.01 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 18—EVALUATION OF BIDS AND AWARD OF CONTRACT

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

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

18.03 The award shall be made to the lowest responsible bidder, considering quality, performance, and the time specified for completion.

18.04 Evaluation of Bids

A. In evaluating Bids, Owner will consider whether the Bids comply with the prescribed requirements, and such alternates, unit prices, and other data, as may be requested in the Bid Form or prior to the Notice of Award.

18.05 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

Revised by New Bern (2026) IB-9 those portions of the Work for which the identity of Subcontractors and Suppliers must be submitted as provided in the Supplementary Conditions.

18.06 Owner may conduct such investigations as Owner deems necessary to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers, individuals, or entities to perform the Work in accordance with the contract documents.

ARTICLE 19—BONDS AND INSURANCE

19.01 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, other required bonds (if any), and insurance. When the Successful Bidder delivers the executed Agreement to Owner, it must be accompanied by required bonds and insurance documentation.

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

ARTICLE 20—SIGNING OF AGREEMENT

20.01 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 10 days thereafter, Successful Bidder must 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 10 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.

ARTICLE 21—SALES AND USE TAXES

21.01 Refer to Paragraph SC-6.10 of the Supplementary Conditions for additional information.

EJCDC C-410 (2018) BID-1

Revised by New Bern (2026)

BID FORM

ARTICLE 1- OWNER AND BIDDER

ARTICLE 2- ATTACHEMENTS TO THIS BID

ARTICLE 3- BASIS OF BID

ARTICLE 4- TIME OF COMPLETION

ARTICLE 5- BIDDERS ACKNOWLEGMENT

ARTICLE 6- BIDDERS REPRESENTATIONS

ARTICLE 1—OWNER AND BIDDER

1.01 This Bid is submitted to:

City of New Bern, Director of Water Resources

P.O. Box 1129

New Bern, NC

28563-1129

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

ARTICLE 2—ATTACHMENTS TO THIS BID

2.01 The following documents are attached to and made a condition of this Bid:

A. Required Bid security in the form of a Bid Bond or Certified Check.

ARTICLE 3—BASIS OF BID—LUMP SUM BID AND UNIT PRICES

3.01 Unit Price Bids

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

EJCDC C-410 (2018) BID-2

Revised by New Bern (2026)

Item No.

Description Unit Estimated Quantity

Bid Unit Price

Bid Amount

1 Mobilization and Bonding (3% max) LS 1

2 6” PVC Water Main (SDR-18 C900) LF 1,025

3 2” PVC Water Main (SDR-21) LF 2,300

4 6” Gate Valve EA 2

5 2” Gate Valve EA 12

6 Remove/Replace Hydrant Assembly EA 2

7 Water Service Reconnection EA 47

8 Abandon and Cap Existing Water Line LS 1

9 Remove/Replace existing Sewer main w/ 8” PVC LF 1,477

10 Remove/replace Existing Sewer Manholes EA 9

11 New Sanitary Sewer Manhole EA 2

12 Connect to Existing Sewer EA 1

13 Abandon Existing Sewer LS 1

14 Sewer Service Reconnection EA 47

15 Conflict Box EA 2

16 8” 401 Ductile Iron Pipe LF 690

17 Testing Allowance LS 1

18 Seeding & Mulching LS 1

19 Pavement Removal & Disposal SY 3,028

EJCDC C-410 (2018) BID-3

Revised by New Bern (2026)

20 ABC Stone (Compacted Sub-Base) 8” Depth SY 3,028

21 Traffic Control LS 1

22 Storm Drain Protection LS 1

23 8” DIP Storm Drain (As Needed) LF 20

24 12”, 15”, 18” RCP Storm Drain (As Needed) LF 20

Total of All Bid Items

B. Bidder acknowledges that:

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

ARTICLE 4—TIME OF COMPLETION

4.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

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

ARTICLE 5—BIDDER’S ACKNOWLEDGEMENTS

5.01 Bid Acceptance Period

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

5.02 Instructions to Bidders

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

5.03 Receipt of Addenda

A. Bidder hereby acknowledges receipt of the following Addenda:

Addendum Number Addendum Date

EJCDC C-410 (2018) BID-4

Revised by New Bern (2026)

ARTICLE 6—BIDDER’S REPRESENTATIONS

6.01 Bidder’s Representations

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

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

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

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

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

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

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

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

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

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

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

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

6.02 Bidder’s Certifications

A. The Bidder certifies the following:

EJCDC C-410 (2018) BID-5

Revised by New Bern (2026)

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

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

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

4. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 8.02.A:BIDDER hereby submits this Bid as set forth above:

EJCDC C-410 (2018) BID-6

Revised by New Bern (2026)

Bidder:

(typed or printed name of organization)

By:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed)

Date:

(typed or printed)

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

Attest:

(individual’s signature)

Name:

(typed or printed)

Title:

(typed or printed)

Date:

(typed or printed)

Address for giving notices:

Bidder’s Contact:

Name:

(typed or printed)

Title:

(typed or printed)

Phone:

Email:

Address:

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

PAYMENT 01150-1

SECTION 01150 PAYMENT

MOBILIZATION AND BONDING:

This item shall include the initial moving of equipment and supplies to the project site, providing the required bonds, insurance, and permits. The total amount for mobilization and bonding shall not exceed three (3) percent of the total Bid amount. Payment for mobilization and bonding shall be lump sum.

WATER MAIN:

This item shall include, but not be limited to pipe materials, fittings, tracer wire, excavation, equipment, bedding material, backfilling, compaction, well pointing, drainage divergence, utility conflicts, driveway crossings, driveway culvert removal and replacement (replacement with new if damaged), and other incidental costs associated with the installation of the proposed water main.

All trench backfill material shall be select fill as specified in Section 02220 Excavation and Trenching. The cost of trench backfill material shall be included in the unit price for this pay item. All utility conflicts and subsurface obstructions or abnormalities should be considered in the bid price for pipe. Measurement shall be along the center line of the pipe through any fittings and valves. Prompt clean-up and testing will be a condition of payment. Payment shall be per linear foot of pipe installed at the unit prices for size and material as listed in the Bid Schedule.

WATER MAIN CONNECTION W/ GATE VALVE:

This item shall include, but not be limited to service saddle (2”) or tapping tee (4” and larger), valve box, gate valve assembly, tapping equipment, and other incidental materials required to install a new water tap as indicated on the project plans. Payment shall be per each water connection installed at the unit prices for size listed in the Bid Schedule.

RECONNECTION OF EXISTING WATER MAIN:

This item shall include but not be limited to the fittings, pipe, caps, and other incidental materials as required to reconnect the existing water main to the configuration as shown on the project plans.

This item shall also include the abandonment of the remaining pipe. Payment shall be per each reconnection made at the unit price listed in the Bid Schedule.

WATER SERVICE RECONNECTION:

This item shall include all materials, equipment and labor required to install service saddle and corporation stop, run the new service tubing from the main to the existing meter box, install a new meter valve within the meter box, and connect the new service to the existing meter. Payment shall be per each water service reconnected at the unit prices for size listed in the Bid Schedule.

GATE VALVES:

This item shall include, but not be limited to valve box, gate valve assembly, and other incidental materials required to install a new gate valve at locations as indicated on the project plans. Payment shall be per each gate valve installed at the unit prices for size listed in the Bid Schedule. This item does not include valves that are installed under “Water Main Connection with Gate Valve” line item.

ABANDON EXISTING WATER:

This item shall include but not be limited to material, labor, and equipment as needed to abandon the existing water mains as shown on the plans. Including all fittings, valves, caps, and/or plugs that may be needed. Payment shall be lump sum for the abandonment of all water mains as shown on the plans.

PAYMENT 01150-2

REMOVE/REPLACE EXISTING SEWER MAIN:

This item shall include, but not be limited to pipe materials, excavation, equipment, bedding material, backfilling, compaction, well pointing, drainage divergence, utility conflicts, driveway crossings, driveway culvert removal and replacement (replacement with new if damaged), and other incidental costs associated with the removal of existing sewer main and installation of the proposed sewer main within the same alignment. Disposal of excavated trench material shall be the responsibility of the contractor. All trench backfill material shall be select fill as specified in Section 02220 Excavation and Trenching. The cost of trench backfill material shall be included in the unit price for this pay item. All utility conflicts and subsurface obstructions or abnormalities should be considered in the bid price for pipe. Measurement shall be along the center line of the pipe from manhole wall to manhole wall. Prompt clean-up and testing will be a condition of payment. Payment shall be per linear foot of pipe installed at the unit prices for size and material as listed in the Bid Schedule.

REMOVE/REPLACE EXISTING SANITARY SEWER MANHOLE:

This item shall include the pre-cast sections, ring, cover, joint material, steps, flexible sleeves, sealant, stabilization stone, backfill, grout, well pointing, drainage divergence, labor, equipment, excavation, disposal of existing materials and other incidental costs associated with the removal of an existing manhole and installation of a pre-cast manhole. Payment shall be per each existing manhole replaced at the unit prices as listed in the Bid Schedule.

SANITARY SEWER MANHOLE:

This item shall include the pre-cast sections, ring, cover, joint material, steps, flexible sleeves, sealant, stabilization stone, backfill, grout, well pointing, drainage divergence, labor, equipment, excavation, disposal of existing materials and other incidental costs associated with the installation of a pre-cast manhole. Payment shall be per each new manhole installed at the unit prices as listed in the Bid Schedule.

REMOVE EXISTING SANITARY SEWER MANHOLE:

This item shall include stabilization stone, backfill, well pointing, drainage divergence, labor, equipment, excavation, disposal of existing materials and other incidental costs associated with the removal of an existing manhole and installation of select fill back into trench. Payment shall be per each existing manhole removed at the unit prices as listed in the Bid Schedule.

CONNECT TO EXISTING MANHOLE:

This item shall include but not be limited to material, labor, excavation, equipment, backfilling, compaction, well pointing, drainage divergence, reshaping existing invert, core drilling manhole, installing rubber boot, water proofing connection and other incidental costs associated with the tie-

in. Payment shall be per each tie-in made at the unit price listed in the Bid Schedule.

ABANDON EXISTING SEWER:

This item shall include but not be limited to material, labor, and equipment as needed to abandon the existing sewer as shown on the plans. Including brick and grout all penetrations into the manholes as shown and filling existing sewer main with flowable fill or crushing pipe and filling with compacted stone. Payment shall be lump sum for the abandonment of all sewer as shown on the plans.

SEWER SERVICE RECONNECTION:

This item shall include but not be limited to labor, equipment, and materials as required to reconnect

PAYMENT 01150-3

an existing sewer service to the proposed sewer main or manhole. Reconnection shall be made using PVC pipe, a combination wye and cleanout with cast iron box as shown in the details or with a core-drilled rubber boot at the manhole. Location of the proposed cleanout shall be behind the back-of-curb, exact location to be field determined. Payment shall be per each service reconnected to the proposed sewer main or manhole at the unit price listed in the Bid Schedule.

PAVEMENT REMOVAL AND DISPOSAL:

This item shall include, but not be limited to saw cutting, excavation, and other incidental materials as required to remove from site and properly dispose of the existing pavement (asphalt, concrete, brick, etc.). This line item will apply to all areas of pavement removal. Payment shall be per square yard of pavement removed from site at the unit price listed in the Bid Schedule, regardless of pavement structure or depth.

8” ABC STONE BASE:

This item shall include, but not be limited to materials, equipment, labor, subgrade preparation, stone, and other incidental costs associated with the installation of ABC stone to a compacted depth of 8.0”. Payment shall be per square yard of stone installed at the unit price listed in the Bid Schedule.

REMOVE/ REPLACE EXISTING CONCRETE SIDEWALK/ DRIVEWAY:

This item shall include but not be limited to materials, equipment, and labor required to remove the existing concrete drive or sidewalk as needed for installation of the proposed improvements and replace with concrete. Concrete thickness shall match the existing. Payment shall be per square yard of new concrete installed at the unit price listed in the Bid Schedule.

SEEDING AND MULCHING:

This item shall include the materials, equipment, and labor required to clean-up, grade, dress, seed, and mulch disturbed areas to the satisfaction of the City. Payment shall be lump sum for the complete seeding and mulching of all disturbed areas of the project site. It is not required to have a satisfactory stand of vegetation established to receive payment for this item. However, payment for this item does not relieve the Contractor from his obligation to ultimately obtain a satisfactory stand of vegetation and to correct sedimentation and erosion control problems as they may arise.

TESTING ALLOWANCE:

This item is for the testing of soils as specified in Section 02220 Excavation and Trenching.

Payment will be for the actual amount invoiced by the testing firm when additional testing has been requested by the City.

SUBSIDIARY OBLIGATIONS:

All work not specifically set forth as a pay item in the Bid Schedule shall be considered a subsidiary obligation of the contract and all costs for such items shall be included in the appropriate line item price. Subsidiary obligations include but are not limited to the following:

- Traffic Control

- Installation and maintenance of erosion control measures to protect drainage features within the project area.

- Removal and Replacement of Existing Features

- Dewatering

- Well Pointing

- Temporarily Supporting Power/Telephone Poles

Removal and replacement of existing features shall include but not be limited to grasses, lawns, shrubs, fences, signs, mailboxes, curb and gutter, pavers, monuments, driveway culverts and

PAYMENT 01150-4

sidewalks.

END OF SECTION 01150

EJCDC C-510 (2018)

Revised by New Bern (2026) NA-1

NOTICE OF AWARD

Date:

Project: FY-27 Water & Sewer Improvements

Owner: CITY OF NEW BERN Owner’s Contract No.:

Contract: FY-27 Water & Sewer Improvements

Bidder:

Bidder’s Address:

You are notified that Owner has accepted your Bid dated for the above Contract, and that you are the Successful Bidder and are awarded a Contract for:

FY-27 Water & Sewer Improvements Project

The Contract Price of the awarded Contract is $ . Contract Price is subject to adjustment based on the provisions of the Contract, including but not limited to those governing changes, Unit Price Work, and Work performed on a cost-plus-fee basis, as applicable.

3 copies of each of the proposed Contract Documents accompany this Notice of Award.

2 Sets of the Drawings will be delivered separately from the other Contract Documents.

You must comply with the following conditions precedent within 10 days of the date of receipt of this Notice of Award:

1. Deliver to Owner 3 fully executed counterparts of the Contract Documents

2. Deliver with the signed Agreement(s) the Contract security (bonds) and insurance documentation, as specified in the Instructions to Bidders and in the General Conditions, Articles 2 and 6.

3. Other conditions precedent (if any): NONE

Failure to comply with these conditions within the time specified will entitle Owner to consider you in default, annul this Notice of Award, and declare your Bid security forfeited.

Within ten days after you comply with the above conditions, Owner will return to you one fully signed counterpart of the Agreement, together with any additional copies of the Contract Documents as indicated in Paragraph 2.02 of the General Conditions.

Owner: City of New Bern__________________________________________

By:

Title: Director of Water Resources

FY-27 Water and Sewer Improvements

EJCDC C-520 AGREEMENT - 1

CONB Revision (2026)

AGREEMENT

THIS AGREEMENT is by and between City of New Bern (Owner)…………………...

and ………………………………………………………………………………………

Owner and Contractor, in consideration of the mutual covenants set forth herein, agree as follows:

ARTICLE 1—WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows:

The construction of 1,025 linear feet of 6” PVC water main, 2,300 linear feet of 2” PVC water main, removal and replacement of 1,477 linear feet of 8” sanitary sewer main, installation of 11 new sanitary sewer manholes, replacement of water and sanitary sewer services and other work associated with FY-27 Water & sewer Improvements Project.

ARTICLE 2—THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows:

FY-27 Water & Sewer Improvements Project

ARTICLE 3—ENGINEER

3.01 The project has been designed by The City of New Bern, Water Resources (Engineer), who is to act as Owner’s…