Request for Bids for Legion Pond Dam

Town of Chapel Hill, North Carolina Legion Pond Dam - Bid # 27-04
ADVERTISEMENT FOR BIDS
Town of Chapel Hill
Chapel Hill, North Carolina
Legion Pond Dam
General Notice
Town of Chapel Hill (Owner) is requesting Bids for the construction of the following Project:
Legion Pond Dam
Bid # P27-04
Bids for the construction of the Project will be received at the Town Hall located at 405 Martin Luther King
Jr Blvd, Chapel Hill, NC 27514, until August 24, 2026 at 11:00 AM EST. At that time the Bids received will
be publicly opened and read in Conference Room 102. Late bids will not be accepted.
The Project includes the following Work:
The project will first require dewatering of the existing pond. The dewatering intake will be from the
surface of the pond as required by Dam Safety. The dewatering outlet will discharge onto a rock pad
to dissipate energy and minimize any erosion. Upon completion of dewatering the principal outlet
barrel will be used to convey daily water flows through the dam. The demolition of the dam and
embankment will work from the top down mainlining the bypass flow through the principal outlet
pipe as long as possible. A bypass pump will be set when the excavation gets to elevations requiring
the existing pipe to be removed. It is anticipated that earth moving equipment will be used for the
project including but not limited to excavators, loaders, and dump trucks.
Bids are requested for the following Contract: Bid # P27-04 - Legion Pond Dam
The Project has an expected duration of 120 days.
Obtaining the Bidding Documents
Prospective Companies can view the Request for Bid (RFB) and all project documents on the Town of
Chapel Hill website (www.chapelhillnc.gov. Click on the "Town Government" menu, then "Doing Business
with Chapel Hill" option, then select "Bids: Current", then click on the name of this project).
Pre-bid Conference
No Pre-bid Conference will be held for this project.
Instructions to Bidders
For all further requirements regarding bid submittal, qualifications, procedures, and contract award, refer
to the Instructions to Bidders that are included in the Bidding Documents.
This Advertisement is issued by:
Owner: Town of Chapel Hill
By: Lenore Bishop
Title: Purchasing and Contracts Manager
Date: July 30, 2026
EJCDC(R) C-111, Advertisement for Bids for Construction Contract.
Copyright(C) 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 1 of 1

Town of Chapel Hill, North Carolina Legion Pond Dam - Bid # P27-04
INSTRUCTIONS TO BIDDERS FOR CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1- Defined Terms ............................................................................................................................. 1
Article 2- Bidding Documents ..................................................................................................................... 1
Article 3- Qualifications of Bidders ............................................................................................................. 2
Article 4- Bid schedule ................................................................................................................................ 3
Article 5- Site and Other Areas; Existing Site Conditions; Examination of Site; Owner's Safety Program;
Other Work at the Site .................................................................................................................................. 3
Article 6- Bidder's Representations and Certifications .............................................................................. 5
Article 7- Interpretations and Addenda ..................................................................................................... 5
Article 8- Bid Security ................................................................................................................................. 5
Article 9- Contract Times ............................................................................................................................ 6
Article 10- Substitute and "Or Equal" Items ............................................................................................... 6
Article 11- Preparation of Bid ..................................................................................................................... 7
Article 12- Basis of Bid ................................................................................................................................ 8
Article 13- Submittal of Bid ......................................................................................................................... 8
Article 14- Modification and Withdrawal of Bid ......................................................................................... 8
Article 15- Opening of Bids ......................................................................................................................... 9
Article 16- Bids to Remain Subject to Acceptance ..................................................................................... 9
Article 17- Evaluation of Bids and Award of Contract ................................................................................ 9
Article 18- Bonds and Insurance ............................................................................................................... 10
Article 19- Signing of Agreement .............................................................................................................. 10
EJCDC(R) C-200, Instructions to Bidders for Construction Contract.
Copyright(C) 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page 1 of 1

Town of Chapel Hill, North Carolina Legion Pond Dam - Bid # P27-04
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 from which the Bidding Documents are to be issued.
ARTICLE 2-BIDDING DOCUMENTS
2.01 Bidder shall obtain a complete set of Bidding Requirements and proposed Contract Documents
(together, the Bidding Documents). See the Agreement for a list of the Contract Documents. It is
Bidder's responsibility to determine that it is using a complete set of documents in the preparation
of a Bid. Bidder assumes sole responsibility for errors or misinterpretations resulting from the use
of incomplete documents, by Bidder itself or by its prospective Subcontractors and Suppliers.
2.02 Bidding Documents are available on the Town of Chapel Hill's website for the sole purpose of
obtaining Bids for completion of the Project. Printed documents may not be re-sold under any
circumstances.
2.03 Owner has established a Bidding Documents Website as indicated in the Advertisement. Bidder
can obtain a complete set of the Bidding Documents from such website. Bidders may rely that
sets of Bidding Documents obtained from the Bidding Documents Website are complete, unless
an omission is blatant. All Addenda will be posted on the Bidding Documents Website.
2.04 Electronic Documents
A. When the Bidding Requirements indicate that electronic (digital) copies of the Bidding
Documents are available, such documents will be made available to the Bidders as Electronic
Documents in the manner specified.
1. Bidding Documents will be provided in Adobe PDF (Portable Document Format) (.pdf)
that is readable by Adobe Acrobat Reader Version 2020 or later.
B. Unless otherwise stated in the Bidding Documents, the Bidder may use and rely upon
complete sets of Electronic Documents of the Bidding Documents, described in
Paragraph 2.04.A above.
C. After the Contract is awarded, the Owner will provide or direct the Engineer to provide for
the use of the Contractor documents that were developed by Engineer as part of the Project
design process, as Electronic Documents in native file formats.
1. Electronic Documents that are available in native file format include:
a. Construction Plan Set in .dwg and .pdf format
2. Release of such documents will be solely for the convenience of the Contractor. No such
document is a Contract Document.
3. Unless the Contract Documents explicitly identify that such information will be available
to the Successful Bidder (Contractor), nothing herein will create an obligation on the
part of the Owner or Engineer to provide or create such information, and the Contractor
is not entitled to rely on the availability of such information in the preparation of its Bid
EJCDC(R) C-200, Instructions to Bidders for Construction Contract.
Copyright(C) 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
TOC Page 1 of 1

Town of Chapel Hill, North Carolina Legion Pond Dam P27-04
or pricing of the Work. In all cases, the Contractor shall take appropriate measures to
verify that any electronic/digital information provided in Electronic Documents is
appropriate and adequate for the Contractor's specific purposes.
4. In no case will the Contractor be entitled to additional compensation or time for
completion due to any differences between the actual Contract Documents and any
related document in native file format.
ARTICLE 3-QUALIFICATIONS OF BIDDERS
3.01 Bidders are notified that relevant Articles of Chapter 87 of the General Statutes of North Carolina,
will be observed in receiving and awarding contracts. Bidders for this Project must be properly
licensed for the Work.
1. Unclassified: Contractor meets the qualifications for all classifications of licenser for
General Contractors (Chapter 87, Article 1).
2. Public Utilities Contractor: Contractor is licensed for water and sewer mains and water
and wastewater treatment facilities.
3. Public Utilities (Water Lines and Sewer Lines): Contractor is licensed for water and sewer
mains, water storage tanks, lift stations, pump stations and appurtenances. Is not
acceptable for water and wastewater treatment plants.
4. Public Utilities (Water Purification and Sewage Disposal): Contractor is licensed for
water and wastewater treatment facilities and appurtenances. Is not acceptable for
water and wastewater lines.
5. For Plumbing and HVAC Class I license is for all types of buildings. Class II is for single-
family residential dwellings per 87-21(b).
6. Electrical requires one of the following limitations based on the estimated construction
cost and the electrical size per GS 87-43.3 as amended in Sep 2014:
3.02 Bidder is to submit the following information with its Bid to demonstrate Bidder's qualifications
to perform the Work:
A. Written evidence establishing its qualifications such as financial data, previous experience,
and present commitments.
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.
EJCDC(R) C-200, Instructions to Bidders for Construction Contract.
Copyright(C) 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
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Town of Chapel Hill, North Carolina Legion Pond Dam P27-04
3.03 A Bidder's failure to submit required qualification information within the times indicated may
disqualify Bidder from receiving an award of the Contract.
3.04 No requirement in this Article 3 to submit information will prejudice the right of Owner to seek
additional pertinent information regarding Bidder's qualifications.
ARTICLE 4-BID SCHEDULE
Bid Request Issued: July 30, 2026
Request for Interpretations Due: August 10, 2026, by 4:00 PM EST
Addendum Published: August 17, 2026
Bids Due: August 24, 2026, by 11:00 AM EST
Town Council Approval: September 9, 2026
Contract Execution: September 30, 2026
Project Completion Date: 120 Days after Notice to Proceed is issued
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. By definition, 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 lands, 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 adjacent to
the Site that contain Technical Data.
b. Those drawings known to Owner of existing 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 furnish to any Bidder, upon request, copies of the reports and drawings
referenced above. These documents are supplied for the Bidder's information only and
shall not become part of the Contract Documents. The Owner makes no representation
EJCDC(R) C-200, Instructions to Bidders for Construction Contract.
Copyright(C) 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 3

Town of Chapel Hill, North Carolina Legion Pond Dam P27-04
or warranty as to their completeness, accuracy, or suitability, and the Bidder alone is
responsible for any conclusions, interpretations, or inferences it draws from such
reports or drawings.
3. Geotechnical Baseline Report/Geotechnical Data Report: The Bidding Documents
contain a Geotechnical Baseline Report (GBR) and Geotechnical Data Report (GDR).
a. As set forth in the Supplementary Conditions, the GBR describes certain select
subsurface conditions that are anticipated to be encountered by Contractor during
construction in specified locations ("Baseline Conditions"). The GBR is a Contract
Document.
b. The Baseline Conditions in the GBR are intended to reduce uncertainty and the
degree of contingency in submitted Bids. However, Bidders cannot rely solely on
the Baseline Conditions. Bids should be based on a comprehensive approach that
includes an independent review and analysis of the GBR, all other Contract
Documents, Technical Data, other available information, and observable surface
conditions. Not all potential subsurface conditions are baselined.
c. Nothing in the GBR is intended to relieve Bidders of the responsibility to make their
own determinations regarding construction costs, bidding strategies, and Bid
prices, nor of the responsibility to select and be responsible for the means,
methods, techniques, sequences, and procedures of construction, and for safety
precautions and programs incident thereto.
d. As set forth in the Supplementary Conditions, the GDR is a Contract Document
containing data prepared by or for the Owner in support of the GBR.
B. Underground Facilities: Locations of existing underground utilities shown on the Drawings
are provided for the Bidder's information only and shall not become part of the Contract
Documents. The Owner makes no representation or warranty as to their accuracy or
completeness, and each Bidder is solely responsible for any conclusions or interpretations it
draws from those drawings.
5.03 Site Visit and Testing by Bidders
A. Bidder is not required to conduct any subsurface testing, or exhaustive investigations of Site
conditions.
B. Owner has control over the Site and hereby allows Bidders 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. 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.
C. 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.
EJCDC(R) C-200, Instructions to Bidders for Construction Contract.
Copyright(C) 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
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Town of Chapel Hill, North Carolina Legion Pond Dam P27-04
5.04 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.
5.05 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 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.
Bidder shall submit all questions about the meaning or intent of the Bidding Documents to the
Project Manager in writing. Questions must be received by August 10, 2026, at 4:00 PM EST to be
addressed in the Addendum.
Contact information and submittal procedures for such questions are as follows:
A. Chad Brown - cbrown1@chapelhillnc.gov
7.02 Interpretations or clarifications considered necessary by Project Manager in response to such
questions will be issued by Addenda.
7.03 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 five (5)
percent of Bidder's maximum Bid price (determined by adding the base bid and all alternates)
EJCDC(R) C-200, Instructions to Bidders for Construction Contract.
Copyright(C) 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
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Town of Chapel Hill, North Carolina Legion Pond Dam P27-04
and in the form of a Bid bond issued by a surety. Such Bid bond will be issued in the form included
in the Bidding Documents.
8.02 The Bid security must be placed in a separate envelope and be marked on the outside of the
envelope with the Project Name, Project Number, Company Name, and Titled "Bid Bond".
8.03 The Bid security of the apparent Successful Bidder will be retained until Owner awards the
contract to such Bidder, and such Bidder has executed the Contract, 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 15 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, in whole in the case of a penal sum bid bond, and to the extent of Owner's
damages in the case of a damages-form bond. Such forfeiture will be Owner's exclusive remedy if
Bidder defaults.
8.04 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 seven (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.
8.05 Bid security of other Bidders that Owner believes do not have a reasonable chance of receiving
the award will be released within seven (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 will be awarded on the basis of materials and equipment specified in the Bidding
Documents. Any Bidder wishing to propose an alternate material or piece of equipment must
submit a written request for clarification to the Project Manager, in accordance with Article 3 of
the General Conditions, by August 10, 2026, at 4:00 PM EST. The Project Manager and Designer
will evaluate and respond to all such requests by Addendum posted on the Town's website. No
other method of approval shall be binding, and the Project Manager and Designer make no
representation or warranty regarding the suitability of any proposed alternate. Bidders alone
bear the risk of relying on any materials or equipment not expressly specified.
10.02 All prices that Bidder sets forth in its Bid will be based on the presumption that the Contractor will
furnish the materials and equipment specified or described in the Bidding Documents, as
EJCDC(R) C-200, Instructions to Bidders for Construction Contract.
Copyright(C) 2018 National Society of Professional Engineers, American Council of Engineering Companies,
and American Society of Civil Engineers. All rights reserved.
Page 6