Veterans Park Elevated Water Tower Rehabilitation

AD-1 Addendum 4 Veterans Park Elevated Water Tank Rehabilitation August 18, 2022 BID DATE: Bid date has changed to Thursday, September 1, 2022 at 11:00 AM. A revised advertisement is attached. TO ALL BIDDERS: Below are changes and or clarifications to the bid documents for this project. This Addendum forms a part of the Contract Documents and modifies the original bidding documents as noted below. Acknowledge receipt of this Addendum as required in the bid documents. Failure to do so may subject Bidder to disqualification. CONTRACT TIMES REVISED: The Work shall achieve Substantial Completion within 150 consecutive calendar days of the Notice to Proceed, and Final Completion of all Work within 180 consecutive calendar days of the Notice to Proceed. Notice to Proceed date shall be November 1, 2022. A revised Agreement for Construction Services is attached. ACKNOWLEDGEMENT BY BIDDER. Bidder shall acknowledge receipt of this Addendum No. 4 in the space provided in the Bid Form. All other

terms & conditions remain unchanged. Julia Faircloth John Kupinski Cape Fear Public Utility Authority Cape Fear Public Utility Authority Procurement Manager Project Manager End of Addendum 4 RE-ADVERTISEMENT FOR BIDS Sealed bids will be received by the CAPE FEAR PUBLIC UTILITY AUTHORITY addressed to the Procurement Manager, 235 Government Center Drive, Wilmington, NC 28403 and marked Veterans Park Elevated Water Tank Rehabilitation. Bids will be received until Thursday, September 1, 2022 at 11:00 AM in the IT Conference Room, 2nd Floor of 235 Government Center Drive at which time they will be publicly opened and read. This is a single prime contract. Pre-Bid Conference: A pre-bid conference was held and was not mandatory. The Conference was located in the Administrative Conference Room, 2nd Floor of 235 Government Center Drive on the 2nd day of August 2022 at 3:00 PM. Bid Opening: Bids must be in by Thursday, September 1, 2022 at 11:00 AM in the IT Conference Room, 2nd Floor of 235 Government Center Drive. Bids must be received by Julia Faircloth, Procurement Manager, or designee in the IT Conference Room. The official time will be by the clock in the IT Conference Room at 235 Government Center Drive and no late bids will be accepted. The Bidders are responsible for allowing time for traffic and parking prior to delivering the bids to the IT Conference Room. It is the bidder’s responsibility to ensure that the bids are received on time. Contract Documents: Plans and specifications relevant to the bid may be viewed at the following locations listed below. Cape Fear Public Utility Authority cannot guarantee the accuracy of documents and information at the plan rooms. Official sets only available from Cape Fear Public Utility Authority. 1. iSqft + bidclerk Plan Rooms: View online at: www.isqft.com or www.bidclerk.com 2. Dodge Data & Analytics/Dodge Plan Room: View online at: www.dodgeprojects.construction.com 3. Construction Journal: View online at: www.ConstructionJournal.com 4. Carolina AGC and Hispanic Contractors Association of the Carolinas: View online at: www.isqft.com 5. North American Procurement Council, Inc.: View online at www.NorthCarolinabids.com 6. The Blue Book Building & Construction Network: View online at www.thebluebook.com Prospective bidders must register and obtain an official set of the relevant contract documents from Teresa McPherson (Bid Manager). To register and obtain bid documents, prospective bidders will be required to email the Bid Manager at bids@cfpua.org and provide contact information. An official set of relevant bid documents will then be provided to prospective bidder via email. If you send an email to bids@cfpua.org and do not receive a response with two (2) business days, please call 910-332-6472 or 910-332-6589. Bids received from bidders who cannot prove registration at time bids are due will not be opened or considered. http://www.isqft.com/ http://www.bidclerk.com/ file://///cfpua-shares/Departments/Engineers/2003_Project%20Management%20Division/2015%20Projects/312908.001%20Kerr%20Ave%20Water%20Main%20Ext.%20Line%20D%20&%20E/03-Bidding/01-FEDs/www.ConstructionJournal.com http://www.isqft.com/ http://www.northcarolinabids.com/ mailto:bids@cfpua.org Section 00111 Advertisement for Bids CFPUA Page | 2 Rev. 06/02/16 Bid Bond: A deposit is required with the submission of the bid. When a deposit is required, the bidder must submit with the bid cash or a certified check, drawn on a bank or trust company authorized to do business in the State of North Carolina, payable to Cape Fear Public Utility Authority, 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 and that satisfactory performance and payment bonds will be executed. In lieu of making the cash deposit above described, a satisfactory bid bond in the amount of five percent (5%) of the total bid, executed by a corporate surety licensed under the laws of the State of North Carolina to execute such bonds, shall be submitted with each bid, conditioned that the surety will upon demand forthwith make payment to the obligee upon said bond if the bidder fails to execute the contract in accordance with the bid bond. This deposit shall be retained if the successful bidder fails to execute the contract within ten (10) days after the award of the bid or fails to give satisfactory surety as required in North Carolina General Statutes Section 143-129. Affidavit and Certification of Non-Collusion, Non-Suspension and Non-Conviction: The Affidavit and Certificate of Non-Collusion, Non-Suspension and Non-Conviction provided with bid documents must be completely executed and submitted with bid. Each bidder must show evidence that it is licensed as a contractor under Chapter 87 of the North Carolina General Statutes. The bidder must have the following NC General Contractor’s license to be qualified to perform the work associated with this bid: Limitation: Intermediate Classification(s): Public Utility No bid may be withdrawn after bids have been opened, except as provided in the North Carolina General Statutes. The successful bidder will be required to furnish a construction performance bond and a construction payment bond as security in the amount of one hundred percent (100%) of the contract amount for the faithful performance and the payment of all bills and obligations arising from the performance of the Contract. If the bidder fails to complete and submit all requirements stated in this Advertisement for Bids and those further requirements stated in the Instruction to Bidders included with the relevant contract documents, the Cape Fear Public Utility Authority may deem such failure nonresponsive and therefore a forfeiture of the bid. Cape Fear Public Utility Authority reserves the right to reject any and all bids. All inquiries concerning this bid shall be directed to CFPUA Purchasing Division by e-mail to bids@cfpua.org. AGREEMENT FOR CONSTRUCTION SERVICES New Hanover County, State of North Carolina 23-C0118 THIS AGREEMENT FOR CONSTRUCTION SERVICES (“Agreement”), made this the day of___________________, 2022, (the “Effective Date”) is an agreement by and between CAPE FEAR PUBLIC UTILITY AUTHORITY, a body politic and corporate organized under North Carolina General Statutes Chapter 162A and located in New Hanover County, North Carolina (hereinafter called OWNER) and , licensed as a contractor in the State of North Carolina (herein called CONTRACTOR). 1. PURPOSE The OWNER hereby employs the CONTRACTOR to furnish all labor, materials, and equipment to perform all work (the “Work”) in a manner and form as specified by the attached plans, specifications, and/or documents consisting of, but not limited to: Advertisement, Instructions to Bidders, General and Supplementary Conditions, Technical Specifications, Proposal, Agreement, and Performance and Payment Bonds (collectively, the “Contract Documents”), which are incorporated as if fully set out, for the following: Veterans Park Elevated Water Tank Rehabilitation 2. ENGINEER The Project has been designed by Highfill Infrastructure Engineering, P.C., who is referred to in the Contract Documents as ENGINEER. Engineer and its duly authorized agents are to act as OWNER’S representatives, assume all duties and responsibilities, and have the rights and authority assigned to ENGINEER in the Contract Documents in connection with completion of the Work in accordance with the Contract Documents. 3. CONTRACT TIMES The CONTRACTOR shall commence Work to be performed under this Agreement within ten (10) consecutive calendar days of the issuance of a Notice to Proceed by the OWNER. The Work shall achieve Substantial Completion within 150 consecutive calendar days of the Notice to Proceed, and Final Completion of all Work within 180 consecutive calendar days of the Notice to Proceed. Time is of the essence. Section 00521 Construction Agreement Rev. 06/02/2016 CFPUA Page | 2 Substantial and final completions occur when the Engineer’s requirements are met as defined in Division 1 – General Requirements of the Technical Specification. 4. LIQUIDATED DAMAGES The OWNER and CONTRACTOR agree that time is of the essence of this Agreement. The CONTRACTOR agrees to pay, as liquidated damages, to the OWNER One Thousand 00/100 Dollars ($1,000.) for each consecutive calendar day the Work extends beyond the total time allotted for Substantial Completion of all Work and Two Hundred Fifty 00/100 Dollars ($250.) for each consecutive calendar day the Work extends beyond the total time allotted for Final Completion of all Work, not as a penalty, but as liquidated damages. CONTRACTOR and OWNER agree to liquidated damages because of the impractablility and extreme difficulty of fixing and ascertaining the actual damages the OWNER would sustain in the event CONTRACTOR fails to achieve Substantial and Final Completion within the Contract Time, as may be adjusted. OWNER shall have the right to deduct the liquidated damages from any payments, otherwise due, or to become due, to the CONTRACTOR, and to initiate applicable dispute resolution procedures to recover such liquidated damages to the extent they exceed amounts owed to the CONTRACTOR. 5. CONTRACT PRICE & PAYMENT PROCEDURES The OWNER agrees to pay the CONTRACTOR for the faithful performance of this Agreement, subject to any additions or deductions as provided for in the Contract Documents as set forth in the Proposal, the total cost of Dollars ($ ). CONTRACTOR shall submit an Application for Payment for partial payment to the ENGINEER no later than the 30th day of every month, and shall expect a periodic payment for such Application for Payment from the OWNER by the last day of the following month, assuming the Application for Payment is complete and has been accepted by both the ENGINEER and OWNER. The Application for Payment may include the value of materials on the jobsite, but not installed. Until the Work is fifty percent (50%) complete based on gross invoices, five percent (5%) of each periodic payment due to CONTRACTOR shall be retained by OWNER. When the Work is fifty percent (50%) complete, OWNER shall, with written consent of the surety, not retain any further retainage from periodic payments due to the CONTRACTOR provided CONTRACTOR continues to satisfactorily perform the Work and any nonconforming Work identified as provided herein has been corrected by CONTRACTOR Section 00521 Construction Agreement Rev. 06/02/2016 CFPUA Page | 3 and accepted by OWNER. In the event the OWNER determines that CONTRACTOR’S performance of the Work is unsatisfactory, the OWNER may reinstate retainage from each subsequent periodic payment. The value of stored on-site materials shall not exceed twenty percent (20%) of the gross project invoices for the purposes of determining whether the Work is fifty percent (50%) complete. Upon Substantial Completion, OWNER may release a portion of the retainage to CONTRACTOR, retaining at all times an amount sufficient to cover the cost of the Work remaining to be completed. Consent of the Surety shall be obtained before any retainage is paid by the OWNER. Consent of the Surety signed by an agent, must be accompanied by a certified copy of such agent’s authority to act for the Surety. Upon completion and acceptance of the Work and under the condition that there are no outstanding items preventing final payment as defined in the General and Supplementary Conditions, the OWNER shall pay the CONTRACTOR the final payment in accordance with North Carolina General Statutes Section 143-134.1. 6. INTEREST Pursuant to North Carolina General Statutes Section 143-134.1, interest on amounts due but not paid shall bear interest at the rate of one percent (1%) per month. 7. PERFORMANCE BOND It is agreed that if, at any time after the execution of this Agreement and the Performance Bond, the OWNER shall deem the surety or sureties upon such bond to be unsatisfactory, or if for any reason such bond ceases to be adequate to cover the performance of the Work, the CONTRACTOR shall, at its expense, within five (5) days after receipt of notice from the OWNER to do so, furnish an additional bond or bonds in such form and amount, and with such surety, or sureties, as shall be satisfactory to the OWNER. 8. INSURANCE The CONTRACTOR shall take out and maintain, during the term of this Agreement, all insurance required by the General and Supplementary Conditions, and shall, at the execution of this Agreement, attach to each of the counterparts thereof documentary proof of compliance in the form of a certificate from its insurer, stating the amount, policy numbers, and kinds of insurance carried. The contractor shall provide that the insurance contributing to satisfaction of insurance requirements in the Supplementary Conditions, Section SC-5. Minimum Scope and Insurance Requirements shall not be Section 00521 Construction Agreement Rev. 06/02/2016 CFPUA Page | 4 canceled, terminated or modified by the contractor without prior written approval of CFPUA; Contractor shall provide immediate notice to CFPUA (by letter) if any policy required by this contract is canceled or non-renewed. 9. WARRANTY A. The CONTRACTOR shall unconditionally guarantee materials and workmanship against patent defects arising from faulty materials, faulty workmanship, or negligence for a period of twelve (12) months following the date of final acceptance of the Work or beneficial occupancy and shall replace such defective materials or workmanship without cost to OWNER. B. Where items of equipment or material carry a manufacturer’s warranty for any period in excess of twelve (12) months, then the manufacturer’s warranty shall apply for that particular piece of equipment or material. The CONTRACTOR shall replace such defective equipment or materials, without cost to OWNER, within the manufacturer’s warranty period. C. Additionally, OWNER may bring an action for latent defects caused by the CONTRACTOR, which are hidden or not readily apparent to OWNER at the time of beneficial occupancy or final acceptance, whichever occurred first, in accordance with applicable law. 10. RESERVED 11. CONTRACTOR’S REPRESENTATIONS The CONTRACTOR acknowledges, represents, and warrants the following: A. CONTRACTOR has examined and carefully studied the Contract Documents and other related data identified in the Bidding Documents. B. CONTRACTOR 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. CONTRACTOR is familiar with and is satisfied as to all Federal, State, and Local laws and regulations that may affect cost, progress, and performance of Work. D. CONTRACTOR has carefully studied all provided reports on supplementary (surface, subsurface, underground facilities, and hazards). Section 00521 Construction Agreement Rev. 06/02/2016 CFPUA Page | 5 E. CONTRACTOR does not consider that any further examinations, investigations, explorations, tests, studies, and data are necessary for the performance of the Work at the Contract Price and within the Contract Time, and in accordance with the terms and conditions of the Contract Documents. F. CONTRACTOR has given written notice to the ENGINEER of all conflicts, errors, ambiguities, or discrepancies that the CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by ENGINEER is acceptable to CONTRACTOR. G. The Bid, for which this Agreement is based, is genuine and not made in the interest of or on the behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization, or corporation. Also, CONTRACTOR has not sought by collusion any advantage over any other Bidder or over OWNER. 12. E-VERIFY CONTRACTOR shall comply with E-VERIFY requirements of Article 2 of Chapter 64 of the General Statutes. Further, if CONTRACTOR utilizes a subcontractor, CONTRACTOR shall require the subcontractor to comply with the requirements of Article 2 of Chapter 64 of the General Statutes. 13. IRAN DIVESTMENT ACT CERTIFICATION CONTRACTOR certifies by signing this agreement that they are in compliance with the Iran Divestment Act, N.C.G.S. Chapter 147 Article 6E, and as of the date listed below, the Contractor named in this agreement is not listed on the Final Divestment List created by the State Treasurer pursuant to N.C.G.S. Article 6E, §147-86.58. Contractor shall not utilize any subcontractor found on the State www.nctreasurer.com/Iran. 14. ASSIGNMENT OF AGREEMENT It is mutually agreed by the parties hereto that this Agreement may not be assigned by CONTRACTOR without the prior written consent of the OWNER. 15. SUBCONTRACTS The CONTRACTOR shall utilize no subcontracts for carrying out the services to be performed under this Agreement without written approval from the OWNER and as otherwise provided in the General and Supplemental Conditions. Section 00521 Construction Agreement Rev. 06/02/2016 CFPUA Page | 6 16. BINDING EFFECT & CONTINUING OBLIGATION This Agreement shall be binding upon the heirs, successors, assigns, agents, officials, employees, independent contractors, and subcontractors of the parties. The parties will make and execute all further instruments and documents required to carry out the purposes and intent of the Agreement. 17. AMENDMENTS This Agreement shall not be modified or otherwise amended except in writing signed by both parties to this Agreement. 18. CONTRACT DOCUMENTS The following are included in the Contract Documents as part of this Agreement: A. This Agreement B. Performance and Payment Bonds C. EJCDC Standard General Conditions of the Construction Contract copyrighted 2007, as revised. D. Cape Fear Public Utility Authority Supplementary Conditions E. Technical Specifications as indicated in the Table of Contents and included with the bid documents. F. Drawings as indicated in the Table of Contents and included with the bid documents. G. Total project addenda distributed before Bid Opening: H. Exhibits to this Agreement: 1. Bid form with CONTRACTOR’S bid 2. Notice to Proceed 3. Documentation submitted by CONTRACTOR prior to Notice of Award (list) Section 00521 Construction Agreement Rev. 06/02/2016 CFPUA Page | 7 I. Documents established after the Effective Date of this Agreement, which are not attached hereto: 1. Written Amendments 2. Work Change Directives 3. Change Orders There are no Contract Documents other than those listed above in this section. The Contract Documents represent the entire and integrated agreement between the parties hereto and supersede prior negotiations, representations or agreements, either written or oral. The Contract Documents may only be amended, modified, or supplemented as stated in the General and Supplementary Conditions. To the extent the terms of this Agreement conflict with any terms or conditions of any other Contract Document, the terms and conditions contained herein shall control. Section 00521 Construction Agreement Rev. 06/02/2016 CFPUA Page | 8 IN WITNESS WHEREOF, the OWNER has caused this Agreement to be duly executed in its name and behalf and the CONTRACTOR has caused this Agreement to be duly executed in its name and behalf and its corporate seal to be hereunto affixed, and attested to. This Agreement will be effective on ________________________________________,2022. CONTRACTOR _____________________________________ CONTRACTOR’S SEAL: ADDRESS: _____________________________________ _____________________________________ ATTEST: BY: _________________________________ [President, Vice President, Asst. Vice President] PRINTED: ____________________________ TITLE: _______________________________ BY: _________________________________ [Secretary, Asst. Secretary, Trust Officer] PRINTED: ____________________________ TITLE: _______________________________ CONTRACTOR’S LICENSE NO.: ____________ EXPIRATION DATE: ____________________ STATE OF ____________________________ COUNTY OF __________________________ I, _____________________________, a Notary Public, certify that the corporation’s Secretary, [Notary-(Print)] Assistant Secretary, or Trust Officer, Mr./Mrs./Ms. ___________________________________ [(Name)-Secretary, Asst. Secretary, Trust Officer] personally came before me this day and acknowledged that s/he is the ________________________________ of _______________________________, a corporation, [(Title)-Secretary, Asst. Secretary, Trust Officer] [Corporation Name] and that by authority duly given and as act of the corporation, the foregoing instrument was signed in its name by its President, Vice President, or Assistant Vice President, Mr./Mrs./Ms. _______________________________________, sealed with its Corporate Seal, and attested by [(Name) - President, Vice President, Asst. Vice President] its Secretary, Assistant Secretary, or Trust Officer. WITNESS my hand and official seal this the ______ day of _______________________, 20 ____. ______________________________ Notary Public My commission expires: ________________ Section 00521 Construction Agreement Rev. 06/02/2016 CFPUA Page | 9 OWNER CAPE FEAR PUBLIC UTILITY AUTHORITY SEAL: 235 Government Center Drive Wilmington, North Carolina 28403 BY: _____________________________ ATTEST: _____________________________ Kenneth R. Waldroup Donna S. Pope Executive Director Clerk to the Board NORTH CAROLINA NEW HANOVER COUNTY I, ____________________________ the undersigned Notary Public do hereby certify that Donna S. Pope personally came before me this date and acknowledged that she is the Clerk to the Board of Cape Fear Public Utility Authority, Wilmington, North Carolina, and that, by authority duly given and the act of the Board, the foregoing document was signed in its name by its Executive Director, sealed with its corporate seal, and attested by herself as its Clerk. WITNESS my hand and official seal this the ______ day of _______________________, 20 ____. ______________________________ Notary Public My commission expires: ________________ AUTHORITY ATTORNEY’S CERTIFICATION This instrument has been reviewed and is approved as to form this the ______ day of __________________________, 20____. ________________________________ Nicolette Fulton Deputy Authority Attorney AUTHORITY ACCOUNTANT’S CERTIFICATION This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act this the ______ day of __________________________, 20____. ________________________________ John McLean Chief Financial Officer