Advertisement for Bid

Digester Cleaning Services

The Cape Fear Public Utility Authority is requesting bids for Digester Cleaning Service. There will not be a public bid opening. This is an informal project. Bid bond is not required. CFPUA will receive bids via U.S. Postal Service, Commercial Carrier, by Hand or by email (must confirm receipt) in the office of and addressed to:

Cape Fear Public Utility Authority Purchasing Department

235 Government Center Drive, Suite 201 Wilmington, N.C. 28403

ATTENTION: Julia V. Faircloth, Procurement Manger Julia.Faircloth@cfpua.org

UP TO THE HOUR OF 3:00 P.M. THURSDAY, NOVEMBER 21, 2019

Bids received in after this time will not be accepted. It is the bidder’s responsibility to ensure bids are received on time. If emailing or faxing please call to confirm receipt.

Mandatory Pre-Bid Conference & Site Visit: A pre-bid conference will be held on November 12, 2019 at 10:00 am at Southside Waste Water Treatment Plant. The plant is located at 3436 River Road, Wilmington, NC 28412.

If a bidder fails to complete and submit all requirements stated in this Advertisement for Bids and those further requirements stated in the bid document, the Cape Fear Public Utility Authority may deem such failure nonresponsive and therefore a forfeiture of the bid. The Cape Fear Public Utility Authority reserves the right to reject any all proposals. No bid may be withdrawn after bids have been opened, except as provided in the North Carolina General Statutes. All inquiries concerning this bid shall be directed to Julia Faircloth of the Cape Fear Public Utility Authority at e-mail julia.faircloth@cfpua.org and phone 332-6589. No questions will be answered after November 14, 2019 at 11:00am. If you intend to bid on this project you must register with Julia Faircloth, Julia.faricloth@cfpua.org in order to receive addendums

Scope of Services & Specifications Digester Cleaning

20-S0123 PURPOSE OF CONTRACT

The Project consists of the cleaning of one (1) anaerobic digester, identified as Tank No. 1 at the Southside Wastewater Treatment Plant (SSWWTP). Complete contents removal and disposal will be the responsibility and cost of the Contractor, which includes temporary on-site sludge dewatering. Inclusive with this project will be close coordination with plant operational staff. The Contractor shall furnish all the necessary labor, materials, and equipment, to remove all grit, screenings, sand, sludge, macro-fauna (snails) and floatables, and transfer to the onsite sludge pad. The Contractor shall coordinate all phases of the work with the Owner. Hereinafter, the grit, screenings, sand, sludge, snails and floatables will be referred to simply as residuals.

The Contractor may utilize any available sources of electrical power and potable water as furnished by the Owner. Contractor shall coordinate the usage of potable water for their cleaning operations with the Owner. The Contractor shall furnish and install all connections, wiring, electric meter, circuit breakers, transformers, etc. as well as all pumps, piping, fittings, hoses, backflow preventers, etc. as required to complete the work.

The digester to be cleaned is a covered tank (floating cover), has a 60-foot inside diameter, 20-foot sidewall height, and has a conical shaped bottom. The tank contents are approximately 381,000 gallons at full working level and will be partially pumped and drained by the Owner prior to the cleaning project.

ON-SITE RESIDUALS DEWATERING

If the Contractor elects to utilize temporary on-site residuals dewatering equipment, a portable belt filter press is the preferred method of dewatering. The Contractor is responsible for providing all supporting equipment, connections, containers, and other temporary measures to facilitate the on-site residuals dewatering operation.

The Contractor may propose alternative means of temporary on-site residuals dewatering for CFPUA consideration.

All on-site temporary residuals dewatering equipment shall be housed in a weatherproof enclosure.

All temporary residuals dewatering equipment and supporting equipment proposed for use by the Contractor must be approved by the CFPUA in advance of use.

The performance criteria for on-site residuals dewatering shall be a minimum cake solids percentage of 15%.

NOTIFICATION OF START OF WORK

The Contractor shall notify the Owner at least 14 calendar days in advance of their intention to start work.

The Owner will notify the Contractor upon removing the tank from service and commencing of normal residuals pumping through owner dewatering process to a point of resistance.

The Contractor shall mobilize all temporary sludge dewatering equipment and related equipment required for cleaning operations in advance of the completion of normal pumpable residuals by the Owner.

Upon completion of normal pumping of residuals by the Owner, the Contractor shall immediately begin operations to remove and dewater the remainder of tank contents that cannot be pumped normally.

MILESTONE DATES

The Contractor shall have a maximum of 45 calendar days to complete the digester cleaning and temporary residuals dewatering operation.

The Contractor shall have a maximum of 14 calendar days to perform and complete all final cleaning and demobilization activities, following the completion of digester cleaning and temporary residuals dewatering operations.

DISMANTLING OF EQUIPMENT

If necessary, the Contractor shall perform all dismantling of the equipment and removal of parts to allow for access to the tank interior and performance of the work as specified.

All equipment dismantling shall be incidental to the Work at no additional cost to the Owner.

REASSEMBLING OF EQUIPMENT

All disturbed work shall be reassembled and left in first class working condition to the satisfaction of the Owner.

All removed manway covers shall be re-installed with new gaskets.

MAINTENANCE OF CONTINUOUS OPERATIONS

The work performed for the cleaning of the tank shall be conducted in such a manner that there will be a minimum of interference with the continuous operations of the existing plant and anaerobic digestion process. The Contractor is alerted to the fact that if they choose to operate a mobile belt filter press for their cleaning operation, the existing wastewater treatment plant facility is sensitive to organic loading and that the Contractor shall coordinate their belt filter press operation with the operation of the Owner’s belt filter press sludge dewatering system.

The Owner operates the wastewater treatment plant in three (3) shifts. They are as follows:

• Shift No. 1: 8 AM through 4 PM;

• Shift No. 2: 4 PM through 12 PM;

• Shift No. 3: 12 PM through 8 AM.

The Owner operates their belt filter press system during shift 1.

POWER FACILITIES

Plant power facilities will be made available to the Contractor, but they shall provide all necessary extension leads, transformers, circuit breakers, tools and lights, and all other necessary equipment required for performance of the work. The Owner will provide a disconnect switch for the Contractor for temporary electrical power tie-in.

CODE AND STANDARDS

All material and equipment must conform to the requirements of the Local Electrical Code, Occupational Safety and Health Administration (OSHA) of the U.S. Department of Labor, and the National Electric Code. In the case of conflict between the Local Electrical Code and other code, the more stringent code requirement shall prevail.

CONFINED SPACE ENTRY REQUIREMENTS

The digester is a confined space as defined by the Federal and State regulations governing confined space entry and safety procedures in such areas. The Contractor shall be responsible for compliance with NIOSH Standards, OSHA, and all applicable provisions of Local, State, and Federal codes pertaining to confined spaces in performing the cleaning work.

The Contractor shall be responsible to furnish, install, and remove all necessary temporary lighting and ventilation when entering the digester. Temporary lighting and ventilation systems shall remain in place to permit adequate inspection by the Owner after completion of tank cleaning and shall be removed after the Owner completes their inspection.

HEALTH AND SAFETY PLAN (HASP)

Prior to beginning any work, the Contractor shall submit to the Owner a site-specific Health and Safety Plan (HASP). The HASP shall include, but not be limited to, the following:

1. A brief description of the work to be performed under the contract, including contract number and title.

2. A project level organizational chart identifying the Contractors (and any subcontractors) workforce such as project manager(s), supervisor(s), tradesmen, laborer(s), etc. and their associated responsibilities, including the cell phone numbers of key personnel.

3. Specific work areas and their anticipated hazards.

4. Control measures required to protect workers from those hazards.

5. Surveillance methods and schedules of both walk-through surveys and in-depth safety audits to be performed on site.

6. Areas requiring personal protection equipment, types of personal protection equipment, and availability of personal protection equipment on site.

7. Medical monitoring and screening methods.

8. Emergency response procedures.

9. Copies of safety inspection check-off sheets to be used on a regular basis in evaluating the site and work methods.

10. Means and method to control emissions of dust and fibers from any building openings.

11. A detailed outline of the Contractor’s employee training program and work procedures to demonstrate compliance with all applicable Federal, State and local laws and regulations.

12. An Emergency Evacuation Plan, specific to the plant and compatible with the location’s existing evacuation plan. If the location’s plan is not readily available, the Contractor’s plan may be submitted as a supplement to the HASP at a later time. However, no work may start until the Contractor’s plan is approved by the Owner.

13. A Spill Plan, detailing the Contractor’s procedures in the event of a chemical or sludge spill at the work site, including a list of all chemicals to be stored on site by the Contractor.

If the work under this contract includes certain activities that typically require the implementation of health and safety measures (e.g. gas monitoring, confined space entry, hot work, excavation, work at heights, scaffolding, hazardous removal/disposal, lock- out/tag-out, etc.) the HASP shall include a detailed description of such activities and the associated health and safety measures to be undertaken by the Contractor in accordance with all applicable rules and regulations.

The Contractor shall submit two (2) copies of the HASP to the Owner for approval. Acceptance of the plan by CFPUA shall not impose on the Owner the responsibility for the

Contractor’s health and safety program nor will it relieve the Contractor from any of its safety responsibilities.

CLEANING METHOD

The Contractor shall notify the Owner a minimum of 14 calendar days prior to the scheduled tank cleaning in order to allow time for the proper accommodations to be scheduled. Prior to the Contractor starting the work, the Owner shall make preparations by isolating the digester and pumping its volume

down to the lowest possible level. At this time, the Contractor, in the presence of the Owner, or their designee, shall measure the actual quantity of residuals to be removed. The payment for the volume of residuals to be removed will be based upon this measurement. Measurements shall be performed by the Contractor. Several measurements shall be taken from the digester roof to the top of the residuals surface, through the access manholes, observation ports, and the center port. The volume to be removed will be based upon the depth of the residuals as measured by the average level of residuals to the bottom of the cone of the digester. Payment will not be made for the removal of process water which was introduced into the digester by the Contractor for slurring. After this is performed, the digester shall be made available to the Contractor.

Once the digester is made available to the Contractor, the Contractor shall furnish all the necessary labor, materials, and equipment to disconnect and remove the existing roof manhole covers.

The Contractor shall furnish all the necessary labor, materials, and equipment to slurry the digester materials and then pump the residuals (including the slurry water that the Contractor introduces) from the digester. If desired, the Contractor may furnish, install, and operate a complete mobile belt filter press dewatering system in a weatherproof enclosure, including, but not limited to the following: trailer-mounted belt filter press(es), conveyors, sludge feed pumps, piping systems, polymer mixing and holding tanks, filtrate and service water piping systems, back-flow preventers, power cables, lighting, control systems, and all accessories and tools for a complete operational system. All dewatering operations shall occur on the plant grounds at a location approved by the Owner and the hours of operation shall be coordinated with the Owner. The proposed total rate and the quality at which the Contractor returns filtrate to the Owner’s existing filtrate pump system, either from one belt filter press or any combination of belt filter presses, shall be submitted to the Owner by the Contractor in writing and agreed to by the Owner prior to the Contractor commencing with the dewatering operations.

In order to ensure an adequate water supply for slurring and/or for the belt filter press operation, the Contractor may utilize the plant’s potable water system. Use of such system shall be coordinated with the Owner. The Contractor shall furnish and install booster pumps as necessary in order to ensure an adequate water supply.

Upon completion of their work, the Contractor shall restore the work area to the condition prior to the commencement of work.

CHARACTERISTICS OF RESIDUALS

It is expected that the residuals the Contractor removes from the digesters are not hazardous waste. All sludges are anaerobically digested and are comprised of a combination of primary and humus sludge from the trickling filters. Grit consists of sand, cinders, small stones, etc. Screenings consist of rags, sticks, etc. Floatables consist of oils, grease, etc., and will also include a significant amount of plastic due to the scum pumping operation. Macro- fauna (snails) are a result from the biological process operation of the trickling filters and clarifiers and may have an impact on the Contractor’s dewatering operations in terms of pumping and equipment wear.

It is possible that some of the residual material will require manual removal by the Contractor. It is the Contractor’s responsibility to fully clean the tank, regardless of the methods employed.

The entire tank interior shall be power washed following residual contents removals.

TRANSPORTATION AND DISPOSAL

The Contractor shall furnish all transportation vehicles and equipment necessary for the transportation of the residuals to the onsite sludge pad.

All trucks and containers will be washed clean of any spills before leaving the Plant and will be maintained in clean, sanitary condition by the Contractor at all times. The Contractor shall furnish and utilize his own wash down equipment for his cleaning operation.

GAS MONITORING IN HAZARDOUS LOCATIONS

The Contractor’s attention is directed to the fact that the existing digester may contain gases which are potentially hazardous, and which may be toxic, contain insufficient oxygen for human survival, and are combustible in the presence of oxygen. The work area under this Contract is designated as a hazardous location.

SPILL PREVENTION FOR TEMPORARY DEWATERING OPERATION

The Contractor shall furnish and install a leak proof berm system underneath the entire dewatering system so as to prevent all runoff and/or spills from the dewatering system operation from escaping into the surrounding area. As directed by the Owner, the Contractor shall also install a berm system underneath other associated equipment (e.g. oil reservoir tanks, polymer tanks, etc.) as may be necessary to prevent runoff and/or spills. The minimum height of the retaining walls for the berm system shall be twelve (12) inches. The berm shall be designed such that all runoff and/or spills shall flow towards a single location (within the berm area) where it will be pumped back into the incoming slurry line.

The configuration of the berm system shall be approved by the Owner. The material of the berm shall be durable and shall be able to withstand the application without ripping, tearing, etc. In addition, in order to prevent damage to existing structures from leaks, spills, etc., the Contractor shall furnish and install, as necessary, approved covers, aprons, etc.”

FINAL INSPECTION

The completed digester will be inspected by the Owner prior to payment to determine if the digester has been adequately cleaned. The digester shall be considered cleaned when no visible residual material is present.

FINAL CLEANING

Demobilization: Remove all temporary dewatering equipment, piping, containers and temporary connections.

Site Cleanup: Remove and clean up all debris, construction waste, refuse, rubbish, spillage and any stockpiles materials.

Mechanical Restoration: Restore all sludge digestion equipment, structures, and related devices to pre-construction conditions. Replace and seal all removed access hatches, manhole covers and opened penetrations. Replace all removed mechanical equipment. Assist Owner in re-starting any affected mechanical equipment and promptly repair any equipment damaged during construction.

Site Restoration: Restore site to pre-construction conditions; promptly repair/replace any landscaping, turf, or pavement damage caused by construction. Sweep paved areas broom clean; remove stains, spills and other foreign deposits. Rake grounds that are neither paved nor planted, to a smooth even-textured surface.

Start-up: Contractor shall be present during the re-filling and re-starting of the digester tank in event mechanical issues due to the Work are encountered, which require immediate repair to the satisfaction of the Owner.

Evaluation of Bids

Bids will be evaluated based on price as well as qualification to perform the work and ability to meet the required schedule.

Terms and Conditions: Late Bids Not Considered Bids received by CFPUA after the stipulated bid opening date and time will not be considered. Materials and Equipment Bidder will supply all materials, equipment and delivery costs of the finished product or service. Once the bid is awarded, no substitutions or deviations of materials or design will be allowed without a written agreement with the CFPUA. Questions on Discrepancies, Conflicts, Errors, Omissions, Etc. Should the bidder detect any potential discrepancies, conflicts, errors, or omissions in the specifications, quote form, or other documents, or should be in doubt as to their meaning, the bidder should, at once, notify the Authority. Send information by email to Julia.Faircloth@cfpua.org. Addendums The Cape Fear Public Utility Authority shall not be responsible for any oral instructions made by its employees or officers of the Authority in regards to the bidding instructions, drawings,

specifications or contract documents. Any changes to the specifications will be in the form of an Addendum which will be emailed to all bidders who are listed with the Purchasing Division as having received the invitation or any other bidder who requests an Addendum. Responsibility of Compliance with Legal Requirements The bidder's products, service and facilities shall be in full compliance with any and all applicable state, federal, local, environmental and safety laws, regulations, ordinances and standards or any standards adopted by nationally recognized testing facilities regardless of whether or not they are referred to in this invitation. Taxes The Cape Fear Public Utility Authority is exempt from and will not pay federal taxes. An exemption certificate will be furnished upon request. The Authority is not exempt from North Carolina State and local tax. North Carolina and local sales tax shall be shown as a separate item on all invoices. Invoicing Invoices should be directed to CFPUA Accounts Payable Department at 235 Government Center Drive, Wilmington, NC 28403 or ap@cfpua.org. Sales tax should be clearing identified on the invoice. Iran Divestment Act Bidder certifies by signing this proposal that they are in compliance with the Iran Divestment Act, 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. 147-86.58. Contractor shall not utilize any subcontractor found on the State Treasurer’s Final Divestment List pursuant to N.C.G.S. 147-86.58 located on the State Treasurer’s website at the address

Bid Form Concrete Replacement

20-S0123 This bid form may be faxed to (910) 799-6066, emailed to julia.faircloth@cfpua.org (must confirm receipt) or delivered to 235 Government Center Drive, Wilmington NC 28403 attention Julia Faircloth, Procurement Manager UP TO THE HOUR OF 3:00 P.M. THURSDAY, NOVEMBER 21, 2019. Late bids will not be accepted.

1. General

1.01 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 complete 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 Bidding Documents.

1.02 Bidder accepts all the terms and conditions of the Advertisement for Bid. This bid will remain open and valid for ninety (90) calendar days after the day of the Bid opening. Bidder will sign the Agreement and submit insurance and other documents required by the Contract Documents within ten (10) calendar days from the date of Owner’s Notice of Award.

2. Project Expectations

2.01 In submitting this Bid, Bidder represents, as fully set forth in the Agreement, that:

A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged.

No. _______________________ Dated ___________________

No. _______________________ Dated ___________________

No. _______________________ Dated ___________________

No. _______________________ Dated ___________________

B. The undersigned Bidder agrees that Bidder has carefully examined and become familiar with the expectations of the Work described in the Bidding Documents, and agrees that he/she has met the bidding responsibilities.

3. NON-COLLUSION, NON-SUSPENSION, AND NON-CONVICTION

3.01 Bidder represents that this Bid is genuine and is non-collusive.

3.02 Bidder further represents that he/she is not suspended or disbarred from bidding on this Work, and that Bidder has not been convicted of any charges or engaged in any unlawful act of trade in Federal or any state jurisdiction.

4. SCHEDULE

4.01 Contractor shall begin the project no later than 30 consecutive calendar days after Notice to Proceed. The Contractor shall notify the Owner at least 14 calendar days in advance of their intention to start work.

5. CONTRACT TIMES

5.01 The Work shall be substantially complete within 45 consecutive calendar days and final completion shall be within 59 consecutive calendar days of starting work.

6. SAFETY

6.01 All of the contractor’s personnel and any contracted personnel on this specific site shall follow all CFPUA safety requirements, rules and regulations. CFPUA minimum requirement for the construction site is each employee shall wear: hard hat, safety vest and safety boots. Approved safety glasses are also required any time pipe saw or other cutting devices are utilized and as required by OSHA regulations and the contractor’s standards. A safety briefing and a Contractor Safety Awareness Form will be completed prior to the start of any work.

7. EVALUATION OF BIDS AND AWARD OF CONTRACT

7.01 The Owner reserves the right to reject any or all Bids, including without limitation, nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to be non-responsible. Owner also

reserves the right to waive all informalities not involving price, time, or changes in the Work and to negotiate contract terms with the Successful Bidder.

7.02 More than one Bid for the same Work from an individual or entity under the

same or different names will not be considered. Reasonable grounds for believing that any Bidder has an interest in more than one Bid for the Work may be cause for disqualification of that Bidder and the rejection of all Bids in which that Bidder has an interest.

7.03 In evaluating Bidders, Owner will consider the qualifications of Bidders and may

consider the qualifications and experience of Suppliers, and other individuals or entities proposed for those portions of the Work for which the identity of Suppliers, and other individuals or entities must be submitted.

7.04 Price as well as response time and ability to complete the projects in a timely and efficient manner will be considered when evaluating bids. Time is of the essence.

8. SUBCONTRACTS

8.01 The CONTRACTOR shall utilize no subcontracts for carrying out the services to be performed under this agreement without the written approval of the AUTHORITY.

9. BIDDER CONTACT

9.01 Communications concerning this Bid shall be sent to the Bidder at the following:

Name: ___________________________________________________________

Address: _________________________________________________________

Phone: ___________________ Email: ________________________________

10. BID TAB

10.01 Bidder agrees to perform all the work described in the Bidding Documents for the unit and/or lump sum prices found in the Bid tabulation below.

Total Estimate Cost in Words:

__________________________________________________________________________

11. Contractor Qualifications

11.01 Bidder shall provide a minimum of three (3) projects completed within the past five (5) years that included cleaning of an anaerobic digester.

Project 1

Name_____________________Company________________________________Phone Number_____________

Start Date:_________________ Completion Date:_________________________

Description of Work Performed: ____________________________________________________________________________________________________________________________________

Project 2

Name_____________________Company________________________________Phone Number_____________

Start Date:_________________ Completion Date:_________________________

Description of Work Performed: ____________________________________________________________________________________________________________________________________

Item No.

Description

Unit

Estimated Quantity

Unit Price

Total Estimated Cost

1 Residual Tank (Digester) Contents Removal, Dewatering, Disposal & Cleaning

CY 1,800

Project 3

Name_____________________Company________________________________Phone Number_____________

Start Date:_________________ Completion Date:_________________________

Description of Work Performed: ____________________________________________________________________________________________________________________________________

Bidder Signature:

By signing this Bid Proposal Sheet the Company, if selected, agrees to perform the services listed in the preceding pages and bill for services using the rates quoted on this “Bid Proposal Sheet”. Company representative, hereby acknowledges that he has read, understands and agrees to the “Standard Terms and Conditions” in the draft service agreement.

If an Individual

By: _______________________________________ Date: _____________________________

Printed Name: _________________________________________________________________

Doing business as: ______________________________________________________________

Business Address: ______________________________________________________________

Phone: _________________________________ Fax: _________________________________

If a Corporation

Corporation: __________________________________________________________________

By: _______________________________________ Date: _____________________________

Printed Name: ______________________________ Title: _____________________________

Business Address: ______________________________________________________________

Phone: _________________________________ Fax: ______________________________

AGREEMENT FOR CONSTRUCTION SERVICES

New Hanover County, State of North Carolina Contract #20-S0123

THIS SERVICES AGREEMENT (the "Agreement"), made and entered into this _____ day of __________________, 2011, by and between CAPE FEAR PUBLIC UTILITY AUTHORITY, hereinafter referred to as “AUTHORITY”; and **************, herein referred to the as “Contractor.”

1. PURPOSE

The OWNER hereby employs the CONTRACTOR to furnish all labor, materials, and equipment to perform concrete removal and replacement (the “Work”) in a manner and form as specified by the existing plan and attached scope of work (Attachment A), which are incorporated as if fully set out, for the following:

Digester Cleaning Services

2. CONTRACT TIMES

3. 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, and in accordance with the prices as set forth in the bid tab.

CONTRACTOR is to submit invoices upon completion of the job. Payment will be made within 30 day of completion and acceptance of work and receipt of invoice.

The Contract shall be for a not to exceed amount of $--------------. Any additions over this amount shall be added in the form of an amendment.

4. INSURANCE

CONTRACTOR shall maintain insurance from companies licensed to write business in North Carolina, with an A.M. Best rating of “A” or higher, and acceptable to the AUTHORITY, of the kinds and minimum amounts specified below.

Certificates and Notice of Cancellation; Before commencing work under this contract, CONTRACTOR shall furnish AUTHORITY with certificates of all insurance required below. Certificates shall indicate the type, amount, class of operations covered, effective date and expiration date of all policies.

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The Certificate of Insurance, naming the AUTHORITY as an additional insured where specified, shall be further evidenced by an actual endorsement furnished to the AUTHORITY from the insurer. The amount of insurance to be provided for all coverages listed under this section shall be not less than $1,000,000.00, unless otherwise specified, per occurrence for claims arising from bodily injury and/or property damage, including accidental death which may arise directly or indirectly from CONTRACTOR'S performance of professional services under this contract. The CONTRACTOR shall be responsible for any liability directly or indirectly arising out of professional services performed under this contract by a subcontractor which liability is not covered by the subcontractor's insurance.

1. The CONTRACTOR shall maintain during the life of this contract WORKERS' COMPENSATION and EMPLOYER'S LIABILITY INSURANCE covering all of the CONTRACTOR'S employees to be engaged in the work under this contract, providing the required statutory benefits under North Carolina Workers Compensation Law, and Employers Liability Insurance providing limits at least in the amount of $500,000/500,000/500,000 applicable to claims due to bodily injury by accident or disease. Whenever work under this contract includes exposure to claims under the U. S. Longshoremen's and Harborworker's Act, such coverage shall be provided by appropriate endorsement to this policy.

The insurer shall agree to waive all rights of subrogation against the Cape Fear Public Utility Authority, its officers, officials, and employees for losses arising from work performed by the contractor for Cape Fear Public Utility Authority.

2. The CONTRACTOR shall take out and maintain during the life of this contract COMMERCIAL GENERAL LIABILITY INSURANCE, coverage. The AUTHORITY shall be named as an additional insured under this policy. Unless otherwise specified, this coverage shall be written providing liability limits at least in the amount of $1,000,000 per occurrence/$2,000,000 aggregate, Combined Single Limits, applicable to claims due to bodily injury and/or property damage arising from an occurrence. Exclusions applicable to explosion, collapse and underground hazards are to be deleted when the work involves these exposures. The AUTHORITY shall be named an additional insured on this policy.]

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3. The CONTRACTOR shall take out and maintain during the life of this agreement AUTOMOBILE LIABILITY INSURANCE. Such coverage shall be written on a comprehensive form covering owned, non-owned, hired and leased vehicles, providing liability limits at least in the amount of $1,000,000 per occurrence combined single limits applicable to claims due to bodily injury and/or property damage. The AUTHORITY shall be named an additional insured on this policy.

4. Contractors Pollution Liability Insurance

1. Contractor shall maintain Contractors Pollution Liability covering losses caused by pollution incidents that arise from the operations of the contractor described under the scope of services of this contract.

2. Contractor’s Pollution Liability shall apply to bodily injury; property damage, including loss of use of damaged property or of property that has not been physically injured; cleanup costs and defense, including costs and expenses incurred in the investigation defense, or settlement of claims. The policy of insurance affording these required coverages shall be written in an amount of at least $1,000,000 per claim, with an annual aggregate of at least $2,000,000.

3. Contractors Pollution Liability shall include as an additional insured Cape Fear Public Utility Authority, its officers, officials, agents, and employees.

4. If Contractors Pollution Liability is written on a claims-made basis, the Contractor warrants that any retroactive date applicable to coverage under the policy precedes the effective date of this contract; and that continuous coverage will be maintained or an extended discovery period will be exercised for a period of 1 years, beginning from the time that work under the contract is complete.

5. If the scope of services as defined in this contract includes the disposal of any hazardous or nonhazardous materials from the job site, the Contractor must furnish to the Cape Fear Public Utility Authority evidence of pollution liability insurance maintained by the disposal site operator for losses arising from the insured facility accepting waste under this contract. Coverage certified to the Cape Fear Public Utility Authority under this paragraph must be maintained in minimum amounts of $1,000,000 per loss, with an annual aggregate of at least $2,000,000

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The CONTRACTOR shall furnish the schedule of insurance carried under this contract in the form of a Certificate of Insurance attested by the insurance carrier or appointed agent, indicating the type, amount, class of operations covered, effective date and expiration date of all policies. This Certificate shall be in six (6) counterparts and when the contract is signed by the CONTRACTOR, a copy thereof shall be inserted in each copy of the contract documents and upon insertion shall become a part of such documents. The insurance carrier or its agent shall also certify on these documents that it will notify the OWNER by registered mail at least thirty (30) days prior to any cancellation or non-renewal of these coverages.

5. INDEMNIFICATION

To the fullest extent permitted by Laws and Regulations, CONTRACTOR shall hold harmless and indemnify the Authority, its officers, directors, members, partners, employees, of each and any of them from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of the obligations herein undertaken or resulting from the operations conducted, to the extent caused by any negligent act or omission of CONTRACTOR, any sub-contractor of CONTRACTOR, or any individual or entity employed by any of them to perform any of the Services or anyone for whose acts any of them may be liable.

6. 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 negligence of the CONTRACTOR, which are hidden or not readily apparent to

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OWNER at the time of beneficial occupancy or final acceptance, whichever occurred first, in accordance with applicable law.

7. SUSPENSION OR TERMINATION OF AGREEMENT

1. In the event that review of the CONSULTANT'S performance shows non-conformance to the work required by this contract, the Scope of Services or other terms or conditions contained herein as a result of the CONSULTANT'S negligent errors, omissions or acts, the CONSULTANT shall be in breach of this agreement and the AUTHORITY may take corrective action as it deems necessary including, but not limited to, termination, withholding or reduction of payment.

2. The AUTHORITY shall also have the right to suspend this agreement upon written notice to the CONSULTANT. Such written notice shall state the reasons for suspension and allow for a review period of ten (10) days during which the CONSULTANT shall be provided with an opportunity to respond with an explanation or justification, and/or shall undertake any reasonable remedial action required by the AUTHORITY. If, in the opinion of the AUTHORITY the CONSULTANT remains in violation of this agreement at the completion of the ten (10) day suspension period, the AUTHORITY shall have the right to terminate this agreement whereupon all obligations of the AUTHORITY to the CONSULTANT shall cease.

3. In the event this project is terminated prior to completion of the services by the CONSULTANT, the CONSULTANT shall be paid for services performed to the date of termination. (In no event will the amount due CONSULTANT in the event of termination exceed that amount set forth in paragraph IV of this agreement. CONSULTANT shall be paid for all reimbursable, as defined herein, which are due him.)

4. This agreement may be terminated without cause by the AUTHORITY with thirty (30) days written notice to CONSULTANT.

5. Nothing contained herein shall prevent the AUTHORITY from pursuing any other remedy which it may have against CONSULTANT including claims for damages.

8. PERSONNEL

It is mutually agreed that Contractor is an independent contractor and not an agent or employee of the Authority, and as such the Contractor, or any employees thereof, or sub-contractors, or any employees thereof, shall not be entitled to any Authority

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employment benefits, such as, but not limited to, wages or salary, vacation, sick leave, insurance, workers’ compensation, or pension and retirement benefits.

9. CONTRACTOR’S ACKNOWLEDGMENTS

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.

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.

F. CONTRACTOR has given written notice to the OWNER of all conflicts, errors, ambiguities, or discrepancies that the CONTRACTOR has discovered in the Contract Documents and the written resolution thereof by OWNER 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.

10. 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.

11. SUBCONTRACTS

The CONTRACTOR shall utilize no subcontracts for carrying out the services to be performed under this Agreement without written approval from the OWNER.

12. 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.

13. AMENDMENTS

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This Agreement shall not be modified or otherwise amended except in writing signed by both parties to this Agreement.

14. CONFLICT OF INTEREST No paid employee of the AUTHORITY shall have a personal or financial interest, direct or

indirect, as a contracting party or otherwise, in the performance of this agreement.

15. NON-WAIVER OF RIGHTS

It is agreed that the AUTHORITY'S failure to insist upon the strict performance of any provision of this agreement, or to exercise any right based upon a breach thereof, or the acceptance of any performance during such breach, shall not constitute a waiver of any rights under this agreement.

16. INTERPRETATION All of the terms and conditions contained herein shall be interpreted in accordance with

the laws of the State of North Carolina. In the event of a conflict between the various terms and conditions contained herein or between these terms and other applicable provisions, then the more particular shall prevail over the general and the more stringent or higher standard shall prevail over the less stringent or lower standard.

17. SAVING CLAUSE

If any section, subsection, paragraph, sentence, clause, phrase or portion of this

agreement is for any reason held invalid, unlawful, or unconstitutional by any court of competent jurisdiction, such portion shall be deemed severable and such holding shall not affect the validity of the remaining portions hereof.

18. E-VERIFY CONTRACTOR shall comply with the 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.

19. ADVERTISING

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No advertising, sales promotion, or other materials of the CONTRACTOR will identify or reference this contract, or the Cape Fear Public Utility Authority’s name without the written consent of the Authority. Exception may be taken to the above with regard to listing the Authority as a job history reference in responses to requests for proposals.

20. ENVIRONMENTAL POLICY The Authority has developed and implemented an ISO 14001 Environmental

Management System (EMS), and is third party certified. Per the certification the Authority must ensure all persons doing work on their behalf is made aware of our Environmental Policy. The Environmental Policy can be found on the CFPUA website www.cfpua.org, click on the Departments tab, Environmental Management, and then choose Environmental Management. Contractor/Vendor certifies by signing this agreement that they have reviewed the Environmental Policy and understand their work contributes to the effectiveness of the EMS and may have a positive or negative impact on the Environment.

21. IRAN DIVESTMENT ACT 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. Contractor shall not utilize any subcontractor found on the State Treasurer’s Final Divestment List located on the State Treasurer’s website at the address www.nctreasurer.com/Iran

22. CONTRACT DOCUMENTS AS PART OF THIS AGREEMENT

The following are included in the Contract Documents as part of this Agreement:

A. This Agreement

B. Advertisement for Bid

C. Insurance Certificates

D. Addenda

E. Exhibits to this Agreement:

1. Scope of Work

2. Bid Form with Contractor’s Bid

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There are no Contract Documents other than those listed above in this section.

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.

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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 ____________________________________ CONTRACTOR _____________________________________

CONTRACTOR’S SEAL:

ADDRESS: _____________________________________

_____________________________________

ATTEST:

BY: _________________________________

PRINTED: ____________________________

TITLE: _______________________________

BY: _________________________________

PRINTED: ____________________________

TITLE: _______________________________ STATE OF ____________________________

COUNTY OF __________________________

I, _____________________________, a Notary Public, certify that the corporation’s Secretary, Assistant

Secretary, or Trust Officer, Mr./Mrs./Ms. ___________________________________ personally came

before me this day and acknowledged that s/he is the ______________________ of

____________________________, a corporation, 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 him/herself as its Secretary, Assistant Secretary, or Trust Officer.

WITNESS my hand and official seal this the ______ day of _______________________, 20 ____.

______________________________ Notary Public My commission expires: ________________

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OWNER CAPE FEAR PUBLIC UTILITY AUTHORITY SEAL: 235 Government Center Drive Wilmington, North Carolina 28403 BY: _____________________________ATTEST: _____________________________ Jim Flechtner Donna S. Pope Executive Director Clerk to the Board NORTH CAROLINA ___________________________ 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____. ________________________________ Linda Miles Consulting Attorney to the Board 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