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Addendum No. 1 Post-Florence Renourishment Project – Phase 1 ADDENDUM NO. 1 TO CONTRACT DOCUMENTS FOR POST-FLORENCE RENOURISHMENT PROJECT – PHASE 1 TOWNS OF EMERALD ISLE AND INDIAN BEACH CARTERET COUNTY, NORTH CAROLINA TOWNS OF EMERALD ISLE AND INDIAN BEACH 30 October 2018 General 1. This Addendum shall supplement, amend, and become part of the Bid Documents. All Bids and the Construction Contract shall be based on these modifications. 2. Bidders shall acknowledge the receipt of this addendum on their Bid Form. Specific The following revisions should be noted at the appropriate part of the Contract Documents and made a part thereof: I. Plans a. None II. Specifications a. FRONT END; SUGGESTED BID FORM; Page 7 of 10, 1st Paragraph: Replace “within Pine Knoll Shores” with “within Indian Beach”. Replace original bid form sheets with those attached as part of this addendum. Page 1 Post-Florence Renourishment Project – Phase 1 b. FRONT END; FORM OF AGREEMENT BETWEEN OWNER AND CONTRACTOR; Page 5 of 9, Article 8 – 8.01 D: Insert new item for D. for both Emerald Isle and Indian Beach forms. D. Contractor understands that a source of funding for this contract is federal funds and the following federal provisions apply pursuant to 2 C.F.R. § 200.326 and 2 C.F.R. Part 200, Appendix II (as applicable): Equal Employment Opportunity (41 C.F.R. Part 60); Davis-Bacon Act (40 U.S.C. 3141-3148); Copeland “Anti-Kickback” Act (40 U.S.C. 3145); Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708); Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387); Debarment and Suspension (Executive Orders 12549 and 12689); Byrd Anti-Lobbying Amendment (31 U.S.C. 1352); Procurement of Recovered Materials (2 C.F.R. § 200.322); and Record Retention Requirements (2 CFR § 200.324). Replace original form of agreement sheets for both towns with those attached as part of this addendum. c. FRONT END; CERTIFICATE OF TOWN’S ATTORNEY; 2nd Paragraph, Fourth Line: Replace “Town of Pine Knoll Shores” with “Town of Indian Beach”. d. FRONT END; SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT; Page 1 of 10, SC-1.01.A.29: Replace “Town of Pine Knoll Shores” with “Town of Indian Beach”. e. FRONT END; SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT; Page 6 of 10, SC-14.02.C.1: Replace “Ten days after presentation of the Application for Payment to Owner with Engineer's recommendation, the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor.” with “On the first of the month following presentation of the Application for Payment to Owner with Engineer's recommendation (approximately 35 days), the amount recommended will (subject to the provisions of Paragraph 14.02.D) become due, and when due will be paid by Owner to Contractor.” f. FRONT END; SUPPLEMENTARY CONDITIONS OF THE CONSTRUCTION CONTRACT; Page 6 of 10, SC-15.03.C: Replace “ttakes” with “takes”. Page 2 Post-Florence Renourishment Project – Phase 1 Replace original supplementary conditions of the construction contract sheets with those attached as part of this addendum. Questions Submitted By Bidders: Is there a budget for the project and when will the engineers estimate be provided? Yes. The budget for the cost of construction is between $10M - $15M. The engineers estimate will be provided at the bid opening at which bids can be opened. Will a list of plan holders and attendees of this meeting be made available? Yes, both items are attached. Are existing beach profiles available? Yes, the latest monitoring survey profiles locations and profile plots are attached. How much time will be allowed to pay contractor invoices? A total of 35 days from receipt of invoice – please see Supplementary Conditions SC-14.02.B. Will the contractor be required to complete turbidity monitoring? No, but the contractor is advised that the 25 NTU is a state requirement and the state permitting agencies may conduct monitoring to verify compliance. Is the contractor mobilization payment dependent on which Town reach is completed first? No, the initial mobilization payment application may be made in full for both contracts upon commencement of placing material on either beach. What happens if the turtle/sturgeon take limit for the project is exceeded? Consultation procedures with NMFS will be followed until the project is cancelled by either NMFS/USACE/Owner. If the project is cancelled for this reason, the Termination for Convenience clauses in the General and Supplementary Conditions of the Contract will be applicable. If the Owner increases the quantity as allowed up to 20% will the Contractor be given additional time? The Owner will work with the Contractor to ensure placement of any additional quantity is achievable and will also request any necessary extensions to the work window to allow the Contractor to complete the additional quantity. In any event, with regard to Liquidated Damages, the Contractor will only be responsible for placement of the original contract quantity if the work window expires regardless of an extension is received or not. End of Addendum No. 1 Page 3 BID FORM POST-FLORENCE RENOURISHMENT PROJECT – PHASE 1, CARTERET COUNTY, NC 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 ........................................................................................................................ 7 Article 7 – Attachments to This Bid ................................................................................................................. 7 Article 8 – Defined Terms ................................................................................................................................. 8 Article 9 – Bid Submittal................................................................................................................................... 9 EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page i ARTICLE 1 – BID RECIPIENT This Bid is submitted to: the Town of Emerald Isle, 7500 Emerald Drive, Emerald Isle, North Carolina 28594; and the Town of Indian Beach, 1400 Salter Path Road, Indian Beach, North Carolina 28512. 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 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 30 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 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: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and 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," and (2) reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been identified in SC-4.06 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 EJCDC C-410 Suggested Bid Form for Construction Contracts Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved. Page 1 of 10 from visits to the Site; the Bidding Documents; and the Site-related reports and drawings identified in the Bidding Documents, with respect to the effect of such information, observations, and documents on (1) the cost, progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures of construction to
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