BID FORM EAST LINCOLN COUNTY SEWER IMPROVEMENTS WSP # I

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1 BID FORM EAST LINCOLN COUNTY SEWER IMPROVEMENTS WSP # I

2 TABLE OF CONTENTS Page Article 1 Bid Recipient... 1 Article 2 Bidder s Acknowledgements... 1 Article 3 Bidder s Representations... 1 Article 4 Bidder s Certification... 2 Article 5 Basis of Bid... 3 Article 6 Time of Completion... 6 Article 7 Attachments to This Bid... 6 Article 8 Defined Terms... 7 Article 9 Bid Submittal... 8

3 ARTICLE 1 BID RECIPIENT 1.01 This Bid is submitted to: Lincoln County Manager s Office c/o John Henry, Purchasing Agent 115 West Main Street Lincolnton, NC The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents. ARTICLE 2 BIDDER S ACKNOWLEDGEMENTS 2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 90 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner. ARTICLE 3 BIDDER S REPRESENTATIONS 3.01 In submitting this Bid, Bidder represents that: A. Bidder has examined and carefully studied the Bidding Documents, other related data identified in the Bidding Documents, and the following Addenda, receipt of which is hereby acknowledged: Addendum No. Addendum Date B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost, progress, and performance of the Work. D. Bidder has carefully studied all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) that have been identified in SC-4.02 as containing reliable "technical data." E. Bidder has considered the information known to Bidder; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site and the Bidding Documents with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, Bid Form East Lincoln County Sewer Improvements

4 sequences, and procedures of construction expressly required by the Bidding Documents; and (3) Bidder s safety precautions and programs. F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times required, and in accordance with the other terms and conditions of the Bidding Documents. G. 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. H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder. 1. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted. ARTICLE 4 BIDDER S CERTIFICATION 4.01 Bidder certifies that: A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation; B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph 4.01.D: 1. corrupt practice means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process; 2. fraudulent practice means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of Owner, (b) to establish bid prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition; 3. collusive practice means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish bid prices at artificial, non-competitive levels; and 4. coercive practice means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. Bid Form East Lincoln County Sewer Improvements

5 ARTICLE 5 BASIS OF BID 5.01 Bidder will complete the Work in accordance with the Contract Documents for the Unit and Lump Sum Prices stated in the Bid Form. Unit and Lump Sum Prices have been computed in accordance with Paragraph B of the General Conditions. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of Bids, and final payment for all unit price Bid items will be based on actual quantities, determined as provided in the Contract Documents. Bid Form East Lincoln County Sewer Improvements

6 Bid Form - East Lincoln County Wastewater Improvements Item No. Description Quantity Units A. Old Plank Road Sewage Force Main A.1.a 12" PVC Pipe 2,100 LF.b 12" PVC RJ Pipe 760 LF.c 12" DI Pipe 220 LF.d 12" DI RJ Pipe 720 LF A.2 12" Gate Valves 8 EA A.3 Air Release / Vacuum Valve Assemblies (Type 1) 2 EA A.4.a Connection to Existing 12" FM at PS 13 1 LS.b Connection to Killian Creek WWTP 1 LS.c Old Plank Road Crossing 1 LS.d June Dellinger Road Crossing 1 LS.e Williams Pipeline Crossing 1 LS.f Killian Creek Crossing 1 LS Unit or LS Price in Figures SUBTOTAL FOR A: Extended Price in Figures B. South Little Egypt Road Sewage Force Main B.1.a 12" PVC Pipe 3,350 LF.b 12" PVC RJ Pipe 320 LF.c 12" DI RJ Pipe 340 LF B.2 12" Gate Valves 7 EA B.3 Air Release / Vacuum Valve Assemblies (Type 2 - Exist. FM) 1 EA B.4 NC 16 Crossing 1 LS B.5 Railroad Crossing 1 LS B.6 Connection to Existing 12" FM at NC 16 1 LS SUBTOTAL FOR B: C. PS 13 Pump Replacement 1 LS Bid Form East Lincoln County Sewer Improvements

7 Item No. Description Quantity Units D. PS 15 Construction 1 LS Unit or LS Price in Figures Extended Price in Figures E. Existing 12" Force Main Testing and Cleaning 1 LS F. Rock Excavation 100 CY $ $ 5, G. Driveway Repairs G.1 Gravel Driveways 130 SY G.2 Asphalt Driveways 70 SY G.3 24" Curb and Gutter 50 LF H. Contingent Work H.1 Misc. Excavation 100 CY H.2 Special Backfill 200 CY SUBTOTAL FOR G: SUBTOTAL FOR H: I. Mobilization (Not to exceed 2% of the sum of Items A1.a to G1.b) 1 LS J. Contingency Allowance 1 LS $ 100, $ 100, TOTAL BID: Sum of Items A1.a - J, Inclusive: NOTE: Bidder may insert higher unit price in Item F. - Rock Excavation. Bid Form East Lincoln County Sewer Improvements

8 ARTICLE 6 TIME OF COMPLETION 6.01 Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement Bidder accepts the provisions of the Agreement as to liquidated damages. ARTICLE 7 ATTACHMENTS TO THIS BID 7.01 The following documents are submitted with and made a condition of this Bid: A. Required Bid Security; B. Power of Attorney (for Surety Bond only); C. List of Proposed Subcontractors; D. List of Proposed Suppliers; E. Contractor s License No.: ; and F. Required Lincoln County MWBE Documentation (Section ) Proposed Subcontractors: List the names / address and license number, if applicable, for the subcontractors to be used for the portions of the work listed below (list self if work will be performed by Prime): Scope: Name / Address: License: Electrical Sediment & Erosion Control Jack and Bore Crossings 7.03 Proposed Equipment Suppliers: Bidder will furnish and install equipment from the manufacturers listed, subject to meeting the requirements of these Bid Documents. Item: Section: Manufacturer: Submersible Non-Clog Pumps Electronic Soft-Start Controllers SCADA Bid Form East Lincoln County Sewer Improvements

9 ARTICLE 8 DEFINED TERMS 8.01 The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the General Conditions, and the Supplementary Conditions. Bid Form East Lincoln County Sewer Improvements

10 ARTICLE 9 BID SUBMITTAL 9.01 This Bid is submitted by: If Bidder is: An Individual Name (typed or printed): By: (Individual s signature) Doing business as: A Partnership Partnership Name: By: (Signature of general partner -- attach evidence of authority to sign) A Corporation Name (typed or printed): Corporation Name: (SEAL) State of Incorporation: Type (General Business, Professional, Service, Limited Liability): By: (Signature -- attach evidence of authority to sign) Name (typed or printed): Title: (CORPORATE SEAL) Attest Date of Qualification to do business in [State where Project is located] is / /. Bid Form East Lincoln County Sewer Improvements

11 A Joint Venture Name of Joint Venture: First Joint Venturer Name: (SEAL) By: (Signature of first joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: Second Joint Venturer Name: (SEAL) By: (Signature of second joint venture partner -- attach evidence of authority to sign) Name (typed or printed): Title: (Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to the joint venture should be in the manner indicated above.) Bidder's Business Address Phone No. Fax No. SUBMITTED on, 20. State Contractor License No.. [If applicable] END OF SECTION (Forms Follow) Bid Form East Lincoln County Sewer Improvements

12 Forms: Complete or Attach: 1. Bid Security and Power of Attorney 2. Lincoln County WMBE Documentation: a. State of NC Affidavit A b. State of NC Affidavit B c. Identification of Minority Business Participation Bid Form East Lincoln County Sewer Improvements

13 SECTION BID BOND KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, bound unto (Owner) as Principal, and as Surety, are hereby held and firmly as Owner in the penal sum of dollars for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, successors and assigns. Signed, this day of, 20. The Conditions of the above obligation is such that whereas the Principal has submitted to (Owner) a certain Bid, attached hereto and hereby made a part hereof to enter into a Contract in writing, for the NOW THEREFORE, a. If said Bid shall be rejected, or in the alternate, b. If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid), and shall furnish a bond for his faithful performance of said Contract, furnishing materials in connection therewith, and shall furnish a bond for his faithful performance of said Contract, furnishing materials in connection therewith, and shall in all other respects perform the Agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension. Bid Bond East Lincoln County Sewer Improvements

14 IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and there presents to be signed by their proper officers, the day and year first set forth above. Principal (Print Full Name) Surety (Print Full Name) BY: BY: (L.S.) (L.S.) TITLE: TITLE: IMPORTANT: Surety companies executing bonds must appear on the Treasury Department s most current list (Circular 570 as amended) and be authorized to transact business in the State where the project is located. END OF SECTION Bid Bond East Lincoln County Sewer Improvements

15 Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid State of North Carolina AFFIDAVIT A Listing of Good Faith Efforts County of Affidavit of (Name of Bidder) I have made a good faith effort to comply under the following areas checked: Bidders must earn at least 50 points from the good faith efforts listed for their bid to be considered responsive. (1 NC Administrative Code 30 I.0101) 1 (10 pts) Contacted 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 date and notified them of the nature and scope of the work to be performed. 2 --(10 pts) Made 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 bids are due. 3 (15 pts) Broken down or combined elements of work into economically feasible units to facilitate minority participation. 4 (10 pts) Worked 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. 5 (10 pts) Attended prebid meetings scheduled by the public owner. 6 (20 pts) Provided assistance in getting required bonding or insurance or provided alternatives to bonding or insurance for subcontractors. 7 (15 pts) Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing. 8 (25 pts) Provided 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 required. Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit. 9 (20 pts) Negotiated 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 (20 pts) Provided quick pay agreements and policies to enable minority contractors and suppliers to meet cashflow demands. The undersigned, if apparent low bidder, will enter into a formal agreement with the firms listed in the Identification of Minority Business Participation schedule conditional upon scope of contract to be executed with the Owner. Substitution of contractors must be in accordance with GS (d) 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. Date: Name of Authorized Officer: SEAL Signature: Title: State of, County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires

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17 Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid State of North Carolina -- AFFIDAVIT B -- 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 (Name of Project) contract. In making this certification, the Bidder states that the Bidder does not customarily subcontract elements of this type project, and normally performs and 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 herein contained. Date: Name of Authorized Officer: SEAL Signature: Title: State of, County of Subscribed and sworn to before me this day of 20 Notary Public My commission expires

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19 Identification of 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. Firm Name, Address and Phone # Work type Minority Category *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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21 MBE DOCUMENTATION FOR CONTRACT PAYMENTS Prime Contractor/Architect: Address & Phone: Project Name: Pay Application #: Period: The following is a list of payments made to Minority Business Enterprises on this project for the abovementioned period. MBE Firm Name *Indicate Type of MBE Amount Paid This Month Total Payments To Date Total Amount Committed *Minority categories: Black, African American (B), Hispanic (H), Asian American (A), American Indian (I), Female (F), Social and Economically Disadvantage (D) Date: Approved/Certified By: Name Title Signature SUBMIT WITH EACH PAY REQUEST & FINAL PAYMENT

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