PROJECT MANUAL

HCPS RUGBY MIDDLE SCHOOL BRIDGE

REPLACEMENT

HENDERSON COUNTY PUBLIC SCHOOLS

HENDERSONVILLE, NORTH CAROLINA

Mark Lusk Architecture 128 Woodburn Drive

Swannanoa, North Carolina 28778 mark lusk architecture pllc Project No: 26003

July 31, 2026

26003 1

TABLE OF CONTENTS

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

INVITATION FOR BIDS

SUPPLEMENTAL INSTRUCTIONS TO BIDDERS AIA A701

BID FORM

MODIFICATIONS TO STANDARD FORM OF AGREEMENT (AIA A101-2017)

SUPPLEMENTARY CONDITIONS

MBE FORMS

TAX STATEMENT NC

REFERENCE TO AIA DOCUMENTS

HCPS UNIFORM GUIDANCE REQIRED CONTRACT PROVISIONS

DIVISION 01 - GENERAL REQUIREMENTS

SECTION 011000 - SUMMARY

SECTION 012600 - CONTRACT MODIFICATION PROCEDURES

SECTION 012900 - PAYMENT PROCEDURES

SECTION 015000 - TEMPORARY FACILITIES AND CONTROLS

SECTION 017419 - CONSTRUCTION WASTE MANAGEMENT AND DISPOSAL

SECTION 017700 - CLOSEOUT PROCEDURES

SECTION 017839 - PROJECT RECORD DOCUMENTS

DIVISION 02 - EXISTING CONDITIONS

NOT APPLICABLE

DIVISION 03 - CONCRETE

SECTION 033000 – CAST-IN-PLACE CONCRETE

DIVISION 04 - MASONRY

DIVISION 05 - METALS

DIVISION 06 - WOOD, PLASTICS, AND COMPOSITES

DIVISION 07 - THERMAL AND MOISTURE PROTECTION

DIVISION 08 - OPENINGS

DIVISION 09 - FINISHES

26003 2

DIVISION 10 - SPECIALTIES

DIVISION 11 - EQUIPMENT

DIVISION 12 - FURNISHINGS

DIVISION 13 - SPECIAL CONSTRUCTION

SECTION 133415 – FABRICATED VEHICULAR BRIDGES

DIVISION 14 - CONVEYING EQUIPMENT

DIVISION 15 - HEATING, VENTILATING, AIR-CONDITIONING (HVAC), AND PLUMBING

DIVISION 16 - ELECTRICAL

APPENDIX

GEOTECHNICAL EXPLORATION REPORT BY ECS SOUTHEAST, LLC

INVITATION FOR CONSTRUCTION BIDS 26003 1

INVITATION FOR BIDS

The Henderson County Public Schools, North Carolina invites interested licensed Contractors to submit construction bids for the HCPS RUGBY MIDDLE SCHOOL BRIDGE REPLACEMENT, located in Henderson County, North Carolina.

A Mandatory Pre-Bid Conference will be held at 10:00 am on August 20, 2026. The meeting will be held at Rugby Middle School office.

The last day of the bidder’s question period during bid phase will be August 26, 2026.

Bids will be received by the Owner, Henderson County Public Schools, at 414 4th Avenue West, Hendersonville NC, 28739 until 2:00 pm on September 3, 2026 at which time said bids will be publicly opened and read aloud.

The envelopes containing the bids must be sealed and addressed to Henderson County Public Schools, and designated as a Construction Bid for HCPS RUGBY MIDDLE SCHOOL BRIDGE REPLACEMENT. Facsimile or electronic bids will not be accepted.

No Bid may be withdrawn after the scheduled closing time for receipt of bid for a period of 30 days.

It is the intent of the Owner to Award a Contract to the lowest responsive responsible Bidder based on the Base Bid only. The Owner reserves the right to waive irregularities in the Bidding process and to reject any or all Bids, subject to the laws and regulations of the State of North Carolina

Copies of the Bidding Documents may be obtained from the website. No partial sets will be issued. Copyright of documents is emphasized. Documents may not be obtained or reproduced for any other purpose without written permission from Mark Lusk Architecture PLLC.

Performance and Payment Bond are required if contract is $300,000 or greater.

Bid Bonds are required if bid is $500,000 or greater. If required, each Bid must be accompanied by a certified check of the Bidder, or by a Bid Bond made payable to the Owner for an amount equal to no less than 5 percent of the total bid as a guarantee that, if the bid is accepted, the required Agreement will be executed and that a 100% Performance Bond will be furnished. Bid Bond Form shall be AIA Document A310.

Minority Business Program Requirements shall be followed for contracts greater than $300,000.

Refer to MBE forms bound in the Project Manual.

This project is funded through Federal sources. The bidder must be familiar with federal guidelines and requirements as a bidder and as a contractor. The form – HCPS Uniform Guidance Required Contract Provisions – is bound with the project manual and must be submitted as part of the contract.

No Bid may be withdrawn after the scheduled closing time for receipt of bid for a period of 60 days.

INVITATION FOR CONSTRUCTION BIDS 26003 2

The Owner reserves the right to waive irregularities in the Bidding process and to reject any or all Bids, subject to the laws and regulations of the State of North Carolina.

Mr. Chad Dillon Hendersonville County Public Schools

END OF DOCUMENT

Supplemental Instructions To Bidders 26003 Page 1 of 10

SUPPLEMENTAL INSTRUCTIONS TO BIDDERS

These Supplemental Instructions To Bidders amend or supplement Instructions To Bidders (AIA Document A701-1997) and other provisions of Bidding and Contract Documents as indicated below.

Compliance with these Supplemental Instructions is required by the Henderson County Public Schools, Hendersonville, North Carolina.

All provisions of A701-1997, which are not so amended or supplemented, remain in full force and effect.

Bidders are cautioned to carefully examine the Bidding and Contract Documents for additional instructions or requirements.

RELATED DOCUMENTS hereby incorporated by reference

AIA Document A701-1997

AIA Document A310-2010

Invitation For Construction Bids.

Bid Form.

Supplementary Conditions.

Other documents that may be identified in the Bidding and Contract.

MODIFICATIONS TO A701-1997

Delete Paragraph 1.1 and insert the following:

§ 1.1 BIDDING DOCUMENTS include the Bid Requirements and the proposed Contract Documents.

§ 1.1.1 Bid Requirements consist of the Invitation for Construction Bid, AIA Document A701-1997, Instructions to Bidders, this Section, Supplemental Instructions to Bidders, Bid Form and any Supplemental Instructions to Bidders included in the Bidding Documents, and all Addenda issued prior to the receipt of Bids.

§ 1.1.2Contract Documents consist of the AIA Document A101-2017, Standard Form of Agreement

Between Owner and Contractor, AIA Document A201-2017, General Conditions of the Contract for Construction, Supplementary Conditions, the Scope of Work as indicated on the Plans and the Specifications, the Contractor's Bid and Contract Modifications issued after execution of the Contract. All forms shall be referenced hereafter by the form number only. The Contract Documents shall govern the Work under all Divisions and Sections the same as if incorporated therein.

§ 1.1.3 Contract Modifications may be one of the following:

§ 1.1.3.1 A written amendment to the Contract signed by both parties;

§ 1.1.3.2 A Change Order.

§ 1.1.3.3 A Construction Change Directive;

§ 1.1.3.4 A written order for a minor change in the Work issued by the A/E.

Supplemental Instructions To Bidders 26003 Page 2 of 10

Delete Paragraph 1.8 and insert the following:

§ 1.8 BIDDER is a person or entity who submits a Bid to the Owner.

Add the following subparagraph:

§ 1.10 ARCHITECT/ENGINEER (A/E) - A person or firm who performs professional services associated with the practice of architecture, professional engineering, land surveying, landscape architecture and interior design pertaining to construction, as defined by the Chapters 83A and 89C of the NC General Statutes, as well as incidental services that members of these professions and those in their employ may logically or justifiably perform, including studies, investigations, surveys, evaluations, consultations, planning, programming conceptual designs, plans and specifications, cost estimates, inspections, shop drawing reviews, sample recommendations, preparation of operating and maintenance manuals and other related services. In the absence of an A/E, the Owner assumes the role of the A/E.

§ 1.12 Wherever the word ''Architect'' or ''A/E" appears in the INSTRUCTIONS TO BIDDERS and herein, the intent is the design professional with whom the Owner has a contractual agreement.

§Add the following subparagraph:

§ 1.13 Wherever the word ''Owner'' or ''Owner'' appears in the INSTRUCTIONS TO BIDDERS and herein, the intent is the Owner with whom the successful Bidder will have a contractual agreement.

§ 1.14 Wherever the phrase ''in the form of" or similar appears in the Contract Documents, that phrase shall be taken to permit the use of alternative forms, provided all information required by the referenced form is submitted in a format acceptable, in their sole discretion, to the Owner. Where the Bidder or Contractor is directed to use a specific form, that form shall be used without exception.

Delete Subparagraph 2.1.3 and insert the following:

§ 2.1.3 The Bidder has visited the site, become familiar with local conditions under which the Work is to be performed, has correlated the Bidder's personal observations with the requirements of the proposed Contract Documents and has accepted full responsibility for any pre-bid existing conditions that would affect the Bid that were obvious and could have been ascertained by a site visit.

§ 2.1.5 The workplace will be maintained drug-free in accordance with Article 5 of Chapter 90 of the NC

General Statutes, as amended.

Add the following paragraph:

§ 2.2 Mandatory Pre-Bid Conference is required:

§ 2.2.1 Prospective Bidders are required to be represented at a Mandatory Pre-Bid Conference, at the specified time, date and place;

§ 2.2.2 Only those prospective Bidders that are represented and are listed on the sign-in sheet will be allowed to submit Bids on the Work;

§ 2.2.3 When it is in the best interest of the Owner, the Owner shall have the right to schedule more than one Mandatory Pre-Bid Conference. All prospective Bidders shall be represented and listed on the sign-in sheet of at least one Mandatory Pre-Bid Conference to be eligible to bid the Work.

Supplemental Instructions To Bidders 26003 Page 3 of 10

Add the following paragraph:

§ 2.4 The A/E will publish, prior to the Bid opening, an Addendum to the Contract Documents listing, the prospective Bidders that were represented and signed-in at the Mandatory Pre-Bid Conference(s).

Delete paragraph 3.1 and substitute the following:

§ 3.1 COPIES OF BIDDING DOCUMENTS

§ 3.1.1 Bidders and Sub-bidders may obtain complete sets of the Bidding Documents from the office designated in the Invitation for Construction Bids for the sum stated therein.

§ 3.1.2 If the deposit is listed as refundable on the Invitation for Construction Bids, then:

§ 3.1.2.1 The deposit will be refunded to all plan holders that return the Bidding Documents in good condition within ten (10) days; or

§ 3.1.2.2 The cost of replacement of missing or damaged documents will be deducted from the deposit;

and, § 3.1.2.3 A Bidder receiving a Contract Award may retain the Bidding Documents and the Bidder's deposit will be refunded.

§ 3.1.3 Bidders and sub-bidders shall use complete sets of Bidding Documents in preparing Bids or sub-

Bids; neither the Owner nor A/E assumes responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents. Partial sets of Bidding Documents will not be issued.

§ 3.1.4 The Owner and A/E have made copies of the Bidding Documents available on the above terms for the purpose of obtaining Bids on the Work. No license or grant of use is conferred by issuance of copies of the Bidding Documents.

Delete subparagraph 3.2.1 and substitute the following:

§ 3.2.1 The Bidder and each sub-Bidder shall carefully study and compare the Bidding Documents with each other, and with other work being bid concurrently or presently under construction to the extent that it relates to the Work for which the Bid or sub-Bid is submitted. The Bidder and each sub-Bidder shall examine the site and local conditions, such as, but not limited to, location, accessibility, general character of the site or building and the extent of existing work within or adjacent to the site, and shall incorporate the impact, if any, of such conditions into the Bid submitted.

Delete subparagraph 3.2.2 and substitute the following:

§ 3.2.2 Bidders and sub-Bidders requiring clarification or interpretation of the Bidding Documents shall make a written request which shall reach the A/E at least ten (10) days prior to the date for receipt of Bids. No oral interpretations in regard to the meaning of Plans and Specifications will be made and no oral instructions will be given prior to the award of the Contract.

Delete subparagraph 3.3.1 and substitute the following:

§ 3.3.1 The materials, products and equipment described in the Bidding Documents establish a standard of required function, dimension, appearance and quality to be met by any proposed substitution.

Reference in the Bidding Documents to the words ''or equal'' and ''or approved equal'' shall be interpreted as establishing a standard of quality and shall not be construed as limiting competition.

Delete subparagraph 3.3.4 and substitute the following:

Supplemental Instructions To Bidders 26003 Page 4 of 10

§ 3.3.4 No substitutions during construction for specified items shall be allowed unless they are recommended by the A/E and approved by the Owner.

Delete subparagraph 3.4.3 and substitute the following:

§ 3.4.3 No Addenda will be issued later than the fifth (5th) calendar day prior to the date set for receipt of

Bids, except to:

§ 3.4.3.1 withdraw the request for Bids; or, § 3.4.3.2 postpone the date for receipt of Bids.

§ 3.4.5 When the date for receipt of Bids is to be postponed and there is insufficient time to issue a written Addendum prior to the original Bid Date, prospective Bidders shall be notified by telephone, fax or other appropriate means with immediate follow up with a written Addendum.

This Addendum shall verify the postponement of the original Bid Date and establish a new Bid Date. The new Bid Date shall be no earlier than the fifth (5th) calendar day after the date of issuance of the Addendum postponing the original Bid Date.

§ 3.4.6 Bid Forms wherein the Bidder fails to acknowledge all issued Addenda by number shall be rejected as non-responsive, except for the following:

§ 3.4.6.1 The Addendum only gives clarifications or lists attendees at a Mandatory Pre-Bid Conference;

or, § 3.4.6.2 The Bid received clearly indicates that the Bidder received the Addendum, such as where the Addendum added another item to the Invitation for Construction Bids and the Bidder submitted a Bid thereon; or, § 3.4.6.3 The Addendum clearly would have had no effect or merely a trivial or negligible effect on price, quality, quantity, or delivery, and does not affect the relative standing of the Bidders. Under no circumstances can the Bid Amount be changed or modified.

(1) Trivial Or Negligible Effect shall be defined as an increase in the Base Bid amount of the apparent low bidder, not to exceed one percent (1%) of the Base Bid amount. There shall be no percentage limitation if the Addendum decreases the cost of the Work. The cost of the Addendum shall be determined by the A/E or by the Owner's procurement officer.

(2) Relative Standing Of The Bidders shall mean that the order of the Bidders would be the same regardless of the Addendum. If the estimated cost of the Addendum (regardless of the percent of increase) exceeds the difference between the Bids of the apparent low bidder and the second-low bidder, then the Bid of the apparent low bidder shall be rejected as non-responsive.

Delete subparagraph 4.1.1 and substitute the following:

§ 4.1.1 Bids shall be submitted on the Bid Form included in the Bidding Documents, or on true copies thereof, and signed in ink or other indelible media. The Bidder shall make no stipulations or qualify its Bid in any manner not permitted on the Bid Form.

Delete subparagraph 4.1.4.

Delete subparagraph 4.1.5 and substitute the following:

§ 4.1.5 All requested Alternates must be bid.

§ 4.1.5.1 Indicate either a dollar amount or the words ''zero" or ''No Change''

Supplemental Instructions To Bidders 26003 Page 5 of 10

§ 4.1.5.2 Indicate ''ADD TO" or ''DEDUCT FROM" for each Alternate, Delete subparagraph 4.1.6.

Delete subparagraph 4.1.7.

§ 4.1.8 Unsigned Bids shall be rejected; provided however, that an unsigned Bid shall not be rejected when it is accompanied by a properly prepared Bid Security or by other material indicating the Bidder's intention to be bound by the unsigned document, such as the submission of a Bid Guarantee with the Bid or a letter with the Bid signed by the Bidder, referring to and identifying the Bid itself.

§ 4.1.9 Subcontractor(s) listed on the Bid Form to perform Alternate Work may be used for both the

Alternate and Base Bid Work, if the Alternate is accepted.

Delete paragraph 4.2 and substitute the following:

§ 4.2 BID SECURITY

§ 4.2.1 If required as stated in the Invitation for Bid form, each Bid shall be accompanied by Bid Security in the dollar amount, if any, listed on the Bid Form, or in an amount of not less than five percent (5%) of the Base Bid. The Bid Security shall be:

§ 4.2.1.1 Written on a Surety's Bid Bond form that has been executed by a Surety, made payable to the

Owner; meeting the standards required by the Bidding Documents and the Bidder and Surety are firmly bound unto the Henderson County School District under the conditions of the Bid Bond provided in the Bidding Documents; or, § 4.2.1.2 An electronic Bid Bond authorization number issued by a firm or organization authorized by the surety to receive, authenticate and issue binding electronic Bid Bonds on behalf the surety; or, § 4.2.1.3 In the form of a certified cashier's check.

§ 4.2.2 By providing an electronic bid bond authorization code and signing the Bid Form, the Bidder is certifying that an electronic bid bond has been executed by a Surety meeting the standards required by the Bidding Documents and the Bidder and Surety are firmly bound unto the Henderson County School District under the conditions of the Bid Bond provided in the Bidding Documents.

§ 4.2.3 To be acceptable, a Bid Bond shall:

§ 4.2.3.1Be issued by a surety company licensed to do business in North Carolina;

§ 4.2.3.2 Be issued by a surety company having, at a minimum, a ''Best Rating'' of ''A'' as stated in the most current publication of ''Best's Key Rating Guide, Property-Casualty'. In addition, the surety shall have a minimum ''Best Financial Strength Category" of ''Class V, and in no case less than five (5) times the contract amount.

§ 4.2.3.3 Be accompanied by a certified and current power of attorney by the attorney-in-fact who executes the bond on the behalf of the surety company; and, § 4.2.3.4 Be enclosed in the bid envelope at the time of Bid Opening, either in paper copy or as a Bid

Bond authorization number provided on the Bid Form.

Supplemental Instructions To Bidders 26003 Page 6 of 10

§ 4.2.4 By providing Bid Security, the Bidder pledges to enter into a Contract with the Owner on the terms stated in the Bidding Documents and will, if required, furnish bonds covering the faithful performance of the Contract and payment of all obligations arising thereunder. The Bidder shall forfeit to the Owner as liquidated damages the amount of the Bid Security if the Bidder fails to:

§ 4.2.4.1 Correct any Bid deficiency as required by the Bidding Documents and the Manual; or, § 4.2.4.2 Enter into such Contract; and, § 4.2.4.3 Furnish such bonds, if required.

§ 4.2.5 The Owner shall have the right to retain the Bid Security of any or all Bidders until such time as one of the three conditions listed below has been met.

§ 4.2.5.1 The Contract for Construction has been executed and both Labor and Material Payment and

Performance Bonds, if required, have been furnished; or, § 4.2.5.2 The specified time has elapsed so that Bids may be withdrawn; or, § 4.2.5.3 The Owner has rejected all Bids.

§ 4.2.6 Bidders submitting a Bid Security not meeting the required amount, surety rating or financial strength rating shall have one working day from the Bid Opening to cure the deficiency or the Bid shall be considered non-responsive. The Bid Security amount submitted with the Bid must be at least 80% of the required amount to be eligible for correction.

Delete Subparagraph 4.3.1 and substitute the following:

§ 4.3.1 All copies of the Bid, the Bid Security, if any, and all other documents required to be submitted with the Bid should be enclosed in a sealed opaque envelope. The Bid Envelope should be addressed to the party receiving the Bids and shall be identified with the Project Name, the Bidder's name and address and, if applicable, the designated portion of the Work for which the Bid is submitted.

Delete subparagraph 4.3.3 and substitute the following:

§ 4.3.3 The Bidder shall assume full responsibility for timely delivery at the location designated for receipt of Bids.

§ 4.3.3.1 Bidders attending the Bid Opening should bring Bids to the place of the Bid Opening as shown in the Invitation for Construction Bids. The Bids should be given to the procurement officer of the Owner or his designee (includes the A/E) prior to the time of the Bid Opening.

§ 4.3.3.2 Bids sent by mail or special delivery service (UPS, Federal Express, etc.) should be labeled

''SEALED BID ENCLOSED'', and shall be addressed to the Owner designated purchasing office as shown in the Invitation for Construction Bids. Delivery of Bids to the above location shall be prior to the time of Bid Opening. Bids not received at the above location or Owner's mail room, prior to the time of Bid Opening, will be rejected.

§ 4.3.5 Any other or special documents requested of the Bidder in these Bidding Documents shall be included in the Bid Envelope. If they are not included with the Bid Envelope, the Bidder shall have twenty four (24) hours from the time of the Bid Opening to provide these documents or its Bid shall be considered non-responsive.

§ 4.3.6 The official time for receipt of Bids shall be determined by reference to the clock designated by the Owner procurement officer or his designee. The procurement officer conducting the Bid

Supplemental Instructions To Bidders 26003 Page 7 of 10

Opening shall determine and announce that the deadline has arrived and no further Bids or bid modifications will be accepted. All Bids and bid modifications in the possession of the procurement officer at the time the announcement is completed shall be considered timely, whether or not the bid envelope has been date/time stamped or otherwise marked by the procurement officer.

Delete subparagraph 4.4.2 and insert the following:

§ 4.4.2 Prior to the time and date designated for receipt of Bids, a Bid submitted may be modified or withdrawn by notice to the party receiving Bids at the place designated for receipt of Bids. Such modification shall be in writing on the Bid Form contained in the Bidding Documents or a true copy thereof, and over the signature of the Bidder.

Delete Article 5 in its entirety and substitute the following:

ARTICLE 5 CONSIDERATION OF BIDS

§ 5.1 COMPLIANCE WITH REQUIREMENTS. To be considered, Bids shall be made in accordance with these Instructions to Bidders. Failure to comply with these bidding requirements may cause a bid to be rejected.

§ 5.2 OPENING OF BIDS

§ 5.2.1 Bids received on time will be opened publicly and read aloud. Bids that are determined, at the time of opening, to be non-responsive shall not be read. If all Bids are to be rejected, the Owner shall announce the reason(s) therefore.

§ 5.2.2 The date and location of the posting of the Notice of Intent to Award will be announced.

§ 5.2.3 The Owner shall send a copy of the final Bid Tabulation to all Bidders within ten (10) working days of the Bid Opening.

§ 5.2.4 If the Project is to be awarded, the Owner shall send a copy of the Notice of Intent to Award to all Bidders after posting.

§ 5.2.5 If only one Bid is received, the Bid shall be opened and considered.

§ 5.3 REJECTION OF BIDS

§ 5.3.1 The Owner shall have the right to reject any or all Bids, reject a Bid not accompanied by a required Bid Security or by other data required by the Bidding Documents, or reject a Bid which is in any way incomplete or irregular.

§ 5.3.2 Bids shall be rejected for any of the following reasons, which include, but are not limited to:

§ 5.3.2.1 Failure by a Bidder to be represented at a Mandatory Pre-Bid Conference or site visit; or, § 5.3.2.2 Failure to deliver the Bid on time; or, § 5.3.2.3 Failure to comply with Bid Security requirements, except as allowed herein; or, § 5.3.2.4 Listing an invalid electronic Bid Bond authorization number on the bid form; or, § 5.3.2.5 Failure to Bid an Alternate; or, § 5.3.2.6 Failure to list qualified Subcontractors as required by law, or, Supplemental Instructions To Bidders 26003 Page 8 of 10

§ 5.3.2.7 Showing any modification(s) or exception(s) qualifying the Bid; or, § 5.3.2.8 Faxing a Bid directly to the Owner or their representative; or, § 5.3.2.9 Failure to include in the Bid Envelope all items required by the Bidding Documents; or, § 5.3.2.10 Failure to include a properly executed Power-of-Attorney with the bid bond.

§ 5.3.3 Bids shall not be rejected for the following reasons, which include, but are not limited to:

§ 5.3.3.1 Failure to write ''Sealed Bid Enclosed'' on the outside of the mailing envelope; or, § 5.3.3.2 Failure to seal the Bid envelope; or, § 5.3.3.3 Listing a modification to the Bid on the outside of the Bid envelope, provided however that such modifications will not be considered; or, § 5.3.3.4 Failure to list any information on the envelope other than that which may be required by law; or, § 5.3.3.5 Providing a fax copy or other reproduction of any or all Bidding Documents in the Bid envelope:

or, § 5.3.3.6 Failure to indicate ''ADD TO'' or ''DEDUCT FROM'' on an Alternate, but only when the adjustment is obvious; or, § 5.3.3.7 Failure to provide an Incremental Price or a Unit Price when requested on the Bid Form; or, § 5.3.3.8 Providing additional listings of ''Subcontractor Specialty'' beyond those listed on the Bid Form;

or, § 5.3.3.9 Failure of the Bidder to sign the Bid, provided it is accompanied by a properly prepared Bid

Security, or other information, as required by this Section; or, § 5.3.3.10 Providing a reproduction of a signature on any or all Bidding Documents; or, § 5.3.3.11 Failure of the corporation to include its seal on the Bid; or, § 5.3.3.12 Bid Bond not signed by the bidder but only if the bond has been properly executed and signed by the bonding company or agent.

§ 5.3.3.13 Immaterial variation from the exact requirements of the Bidding Documents.

§ 5.3.4 Bidders shall have one (1) working day from the time of Bid opening to correct the following deficiencies:

§ 5.3.4.1 Failure to provide five percent (5%) Bid Security when required, provided that the Bidder did furnish Bid Security in the proper form equal to at least eighty (80) percent of that required in the Invitation for Construction Bids; and, § 5.3.4.2 Failure to provide a Bid Bond with the proper surety rating and financial strength, provided that the Bidder did furnish Bid Security in the proper form equal to at least eighty (80) percent of that required in the Invitation for Construction Bids.

§ 5.4 ACCEPTANCE OF BID (AWARD)

Supplemental Instructions To Bidders 26003 Page 9 of 10

§ 5.4.1 INTENT TO AWARD. It is the intent of the Owner to award a Contract to the lowest evaluated responsive bid submitted by a responsible Bidder. The lowest evaluated responsive bid will be determined by the sum of the base bid plus all alternates. However, the Owner reserves the right to accept that bid received which in the Owner's judgment is in the Owner's own best interest (Refer to 5.4.3 below). The Owner reserves the right to conduct discussions with apparent responsive bidders for the purpose of clarification to assure full understanding of the requirements of the Invitation for Bid.

§ 5.4.2 NOT USED.

§ 5.4.3 REJECTION OF BIDS. The Owner shall have the right to reject all Bids; to reject Unit Prices proposed in a Bid without invalidating other portions of the Bid; to waive informalities or irregularities in a Bid received and to accept that Bid which, in the Owner's judgment, is in the Owner's own best interests. Failure by the Bidder to correct any deficiency as requested may cause the Bid to be rejected as non-responsive.

§ 5.4.4 NOT USED

Delete Article 6 in its entirety and substitute the following:

ARTICLE 6 CONTRACTOR'S QUALIFICATIONS

§ 6.1 STANDARDS OF RESPONSIBILITY. A prospective Contractor shall be considered as meeting the State's standards of responsibility when the firm has:

§ 6.1.1 Appropriate financial, material, equipment, facility and personnel resources and expertise, or the ability to obtain them, necessary to indicate its capability to meet all contractual requirements; and, § 6.1.2 A satisfactory record of performance; and, § 6.1.3 A satisfactory record of integrity; and, § 6.1.4 Is qualified legally licensed to contract in the State of North Carolina, and

§ 6.1.5 Has supplied all necessary information in connection with the inquiry concerning responsibility.

§ 6.2 ADDITIONAL INFORMATION. Each Bidder submitting a Bid shall, upon request, submit an

AIA Questionnaire for Contractors, and all additional information as required by the Owner to support the Owner's evaluation of the responsibility of the Bidder.

§ 6.2.1 Each Bidder, by submitting a Bid, agrees to waive any claim it has or may have against the

Owner, the A/E and their respective employees arising out of or in connection with the administration, evaluation or recommendation of any bid.

Delete Article 7 in its entirety and substitute the following:

ARTICLE 7 PERFORMANCE AND PAYMENT BONDS

§ 7.1 BOND REQUIREMENTS

§ 7.1.1 When required by the Invitation for Construction Bids, the Contractor shall provide and pay the cost of Performance and Labor and Material Payment Bonds as described and defined in Paragraph 11.5 of Supplementary Conditions.

Supplemental Instructions To Bidders 26003 Page 10 of 10

§ 7.2 TIME OF DELIVERY

§ 7.2.1 When bonds are required by the Invitation for Construction Bids, the Contractor shall have a maximum of twenty-one (21) days from the date of posting of the Notice of Intent to Award, to deliver the Performance and Labor and Material Payment Bonds, Certificate of Insurance and the Contract (signed by Contractor only). Failure to deliver these documents as required shall entitle the Owner to consider the Bidder non-responsible and to declare the Bid Security forfeited.

Insert Article 9 as follows:

ARTICLE 9 PROJECT INFORMATION

§ 9.1 PROJECT NAME: HCPS RUGBY MIDDLE SCHOOL BRIDGE

REPLACEMENT

PROJECT NUMBER: 26003

PROJECT LOCATION: Henderson County, North Carolina

§ 9.2 Bids sent by mail or special delivery service (UPS, FedEx, etc) should be labeled "SEALED

BID ENCLOSED", and shall be addressed to the Owner's designated purchasing office as noted in the Invitation For Bids.

§ 9.3 Notice of Intent to Award, will be posted at the following location: TBD

BID FORM 26003

BID FORM

BID OF:

(Contractor)

BID TO: HENDERSON COUNTY PUBLIC SCHOOLS

(Owner)

PROJECT NAME: HCPS RUGBY MIDDLE SCHOOL BRIDGE REPLACEMENT

PROJECT NUMBER: 26003 BID DATE:

BASE BID AGREEMENT

The undersigned, having examined all the Bidding Documents and acknowledging all Addendum(a) as follows:

Addendum(a)# shall execute the entire Work in the Bidding Documents as described, for a LUMP SUM amount of:

Dollars

($ ) which sum is hereafter called the BASE BID.

ALTERNATE(S) TO THE BASE BID:

Alternate No. 1 – Walkway and Drive Replacement:

Dollars ($ )

LISTING OF SUBCONTRACTORS

Bridge Supplier:

DATE FOR COMMENCEMENT AND SUBSTANTIAL COMPLETION

The Date for Commencement shall be established in the Notice to Proceed. The Contractor shall not incur any expense until the contract has been awarded. An award requires that either the Contract be signed by both the awarding authority and the contractor or a Notice to Proceed is executed.

All work shall be substantially completed (as evidenced by the date on the CERTIFICATE OF SUBSTANTIAL COMPLETION) by March 31, 2027 subject to adjustments as provided in the Contract Documents.

The undersigned further agrees that from the compensation to be paid, the owner may retain liquidated damages the sum of One Hundred Fifty Dollars ($150) for each calendar day the actual contract time for Substantial Completion exceeds the specified or adjusted contract time for Substantial Completion as provided in the Contract Documents.

BID SECURITY

Bid Bonds are required if bid is $500,000 or greater. If required the undersigned enclosed bid security in the amount of not less than five (5) percent of the BASE BID. The Contractor shall have seven (7) days maximum from the date of the Notice of Intent to Award to deliver Performance and Payment Bond, Certificate of Insurance, and the Contract (signed by Contractor only). Failure to deliver these documents, as required, shall entitle the agency to consider the Contractor non-responsible and declare the bid security forfeited.

ADDENDA

The undersigned acknowledges the receipt of the addenda (as noted on page one of this Bid Form) and confirms that the BID as submitted reflects appropriate price responses.

BID HOLDING TIME AND ACCEPTANCE

The undersigned agrees that this Base Bid may not be revoked or withdrawn after the time set for the opening of bids, but shall remain open for acceptance for a period of sixty (60) days following the bid date.

CERTIFICATION REGARDING DRUG-FREE WORKPLACE

The undersigned certifies that the contractor listed below will provide a "drug-free workplace" as that term is defined in Article 5 of Chapter 90 of the NC General Statutes.

PROGRESS PAYMENTS

Contractor's Application for Payment shall be submitted to the Architect on AIA Document G702 and G703 - 1992 Edition. The period covered by each application for Payment shall be not less than one calendar month. The Owner shall make progress payments to the Contractor on undisputed amounts certified by the Architect within thirty (30) days from receipt of the Application for Payment by the Owner.

CONTRACTOR'S CLASSIFICATIONS AND SUBCLASSIFICATIONS WITH LIMITATIONS

(Classification) (Subclassification) (Limitations)

(NC Contractor's License Number)

AUTHORIZATION

(Type or Print Name of Contractor)

(Type or Print Address)

(Type or Print Phone Number) (Type or Print Fax Number)

(Type or Print Name) (Title)

(Signature) (Date)

END OF BID DOCUMENT

MODIFICATIONS TO AIA A101-2017 26003 Page 1 of 4

MODIFICATIONS TO AIA A101-2017

STANDARD MODIFICATIONS TO AIA A101-2017

These Standard Modifications amend or supplement the Standard Form of Agreement Between Owner and Contractor (AIA Document A101-2017) and other provisions of Bidding and Contract Documents as indicated below.

Compliance with these Standard Modifications is required by Henderson County Public Schools, North Carolina.

All provisions of A101-2017, which are not so amended or supplemented, remain in full force and effect.

RELATED DOCUMENTS

AIA Document A101-2017 hereby incorporated by reference and referred to hereafter as A101.

AIA Document A201-2017 hereby incorporated by reference and referred to hereafter as A201.

Document Supplementary Conditions.

Other documents that may be identified in the Bidding and Contract Documents.

MODIFICATIONS TO A101

ARTICLE 2 THE WORK OF THIS CONTRACT

Delete Section 2 and insert the following:

The Contractor shall fully execute the Work as described in the Contract Documents, or reasonable inferable by the Contractor as necessary to produce the results indicated by the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others.

ARTICLE 3 DATE OF COMMENCEMENT AND SUBSTANTIAL COMPLETION

Add the following new Paragraphs 3.4 and 3.5 to the end of Section 3:

§3.4 The Contractor acknowledges and recognizes that the Owner is entitled to full and beneficial occupancy and use of the complete Work following expiration of the Contract Time and that the Owner has entered into, or will enter into, binding agreements demising all or part of the premises where Work is to be completed based upon the Contractor's achieving Final Completion of the work within the Contract Time. It is hereby mutually agreed by and between the parties that time shall be an essential part of the Agreement and the Contractor further acknowledges and agrees that if the Contractor fails to complete substantially or cause the Final Completion of any portion of the Work within the Contract Time, the Owner will sustain damages and loss as a result of such failure. The exact amount of such damages will be difficult to ascertain. Therefore, the Owner and the Contractor agree as set forth below in this Paragraph 3.4.

§3.4.1 If the Contractor fails to achieve Substantial Completion of the Work within the Time for

Completion allowed in the Agreement, the Owner shall be entitled to retain or recover from the Contractor and its Surety, as liquidated damages and not as a penalty, the following per diem amounts commencing upon the first day following expiration of the specified or adjusted time of performance and continuing until the actual Date of Substantial Completion. Such liquidated

MODIFICATIONS TO AIA A101-2017 26003 Page 2 of 4 damages are hereby agreed to be a reasonable estimate of damages the Owner will incur as a result of delayed completion of the Work: $150 per day.

§3.4.3 The Owner may deduct liquidated damages described in Subparagraphs 3.4.1 and 3.4.2 from any unpaid amounts then or thereafter due the Contractor under this Agreement. Any liquidated damages not so deducted from any unpaid amounts due the Contractor shall be payable to the Owner by the Contractor or its Surety at the demand of the Owner

ARTICLE 4 CONTRACT SUM

Add the following to Paragraph 4.3:

§4.4.1 Unit prices are set forth in the ''Schedule of Unit Prices'' attached hereto and made a part hereof as Exhibit (A). Such unit prices are considered complete and include: (1) all materials, equipment, labor, delivery, installation, overhead, and profit; and, (2) any other costs or expenses in connection with, or incidental to, the performance of that portion of the Work to which such unit prices apply.

ARTICLE 5 PAYMENTS

§ 5.1 PROGRESS PAYMENTS

Delete Subparagraph 5.1.1 and substitute the following:

§5.1.1 Based on Applications for Payment, including all supporting documentation, submitted to the

Owner and the A/E by the Contractor and Certifications for Payment issued by the A/E., the Owner shall make progress payment on Account of the Contract Sum to the Contractor as provided below and elsewhere in the Contract Documents.

Delete Subparagraph 5.1.3 and insert the following:

§5.1.3 An Application for Payment, including all supporting documentation, for the period of time established in Subparagraph 5.1.2 shall be received by the A/E and the Owner not later than ten

(10) days after the end of the period for which the Contractor is making application for payment.

Payment on approved amounts shall be made by the Owner not later than thirty (30) days after the A/E and the Owner receive the Application for Payment.

Add the following sentence to Subparagraph 5.1.5: Each Application for Payment shall include such other information, documentation, and materials as the Owner or the A/E may require to substantiate the Contractor's entitlement to payment.

Delete Clause 5.1.7.1 and substitute the following: Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to ninety-five percent (95%) of the Contract Sum, less any amounts the A/E shall determine for incomplete and unacceptable Work, retainage applicable to such work, unsettled claims, Step One liquidated damages then due, and anticipated Step Two liquidated damages, if any.

Add the following Clause to Subparagraph 5.1.8:

§5.1.8.1 Refer to Subparagraphs 9.6.2 and 9.8.5 of the General Conditions. Any reduction or release of retainage, or portion thereof, however, shall not be a waiver of: (1) any of the Owner's rights to retainage in connection with other payments to the Contractor; or, (2) any other right or remedy that the Owner has under the Contract Documents, at law or in equity.

§ 5.2 FINAL PAYMENT

MODIFICATIONS TO AIA A101-2017 26003 Page 3 of 4

Delete Subparagraph 5.2.2 and insert the following:

§ 5.2.2 Final payment shall be made within thirty (30) days from the date the Owner (or A/E) receives the final undisputed Application for payment, including all supporting documentation, from the Contractor. All conditions stipulated in the General Conditions shall have been met before final payment is made.

ARTICLE 7 TERMINATION OR SUSPENSION

Insert the words "…as amended" after "…2017…" in paragraph 7.1.

Insert the words "…as amended" after "…2017…" in paragraph 7.2.

ARTICLE 8 MISCELLANEOUS PROVISIONS

Add the following to Paragraph 7.2: Refer to Subparagraph 9.6.2 of the General Conditions.

Add the following Subparagraphs:

§8.7.1 Contractor shall not incur any expense chargeable to the Owner on or about the Work of this

Agreement until the Notice to Proceed is issued.

§8.7.2 The Contractor represents and warrants the following to the Owner (in addition to any other representations and warranties contained in the Contract Documents), as an inducement to the Owner to execute this Agreement, which representations and warranties shall survive the execution and delivery of this Agreement, any termination of this Agreement, and the final completion of the Work.

§8.7.2.1That it and its Subcontractors are financially solvent, able to pay all debts as they mature, and possessed of sufficient working capital to complete the Work and perform all obligations hereunder.

§8.7.2.2That it is able to furnish the plant, tools, materials, supplied, equipment, and labor required to complete the Work and perform its obligations hereunder.

§8.7.2.3That it is authorized to do business in the State of North Carolina and is properly licensed by all necessary governmental and public and quasi-public authorities having jurisdiction over it and over the Work and the Project.

§8.7.2.4That its execution of this Agreement and its performance thereof is within its duly authorized powers.

§8.7.2.5That its duly authorized representative has visited the site of the Project, familiarized himself with the local and special conditions under which the Work is to be performed, and correlated his observations with the requirements of the Contract Documents, and;

§8.7.2.6That it possesses a high level of experience and expertise in the business administration, construction, construction management, and superintendence of projects of the size, complexity, and nature of this particular Project, and it will perform the Work with the care, skill, and diligence of such a contractor.

The foregoing warranties are in addition to, and not in lieu of, any and all other liability imposed upon the Contractor by law with respect to the Contractor's duties, obligations, and performance hereunder. The Contractor acknowledges that the Owner is relying upon the Contractor's skill and experience in connection with the Work called for hereunder.

§8.7.3 The Owner reserves the right, pursuant to Section 7 of the General Conditions, to modify the

Work of the Contractor.

MODIFICATIONS TO AIA A101-2017 26003 Page 4 of 4

ARTICLE 9 ENUMERATION OF CONTRACT DOCUMENTS

Insert the words "…as amended by those modifications to AIA A101-2017 and as otherwise stated herein" after "…2017…" in Subparagraph 9.1.1.

Insert the words "…as amended…" after "…2017…" in Subparagraph 8.1.2.

In Subparagraph 9.1.3 insert the Project Manual issue date and list the following:

Supplemental Conditions

3.4 List the following in Subparagraph 9.1.4:

Supplemental Instructions to Bidders Modifications to AIA A101-2017

3.5 List the following in Subparagraph 9.1.7:

Table of Contents Invitation for Construction Bids Instructions to Bidders (AIA Document A701-1997 Edition) Contractor's Bid Construction Change Order

END OF DOCUMENT

“It is the policy of the Henderson County Public School System not to discriminate on the basis of race, ethnic origin, sex or disability in its educational programs, activities, or employment policies.”

HENDERSON COUNTY PUBLIC SCHOOLS

STANDARD TERMS & CONDITIONS

The Contract, Henderson County Public School’s Standard Terms and Conditions, and any documents incorporated specifically by reference represent the entire agreement between the parties and supersede all prior oral or written statements or agreements. All promises, requirements, terms, conditions, provisions, representations, guarantees, and warranties contained herein shall survive the contract expiration or termination date unless specifically provided otherwise herein, or unless superseded by applicable Federal or State statutes of limitation.

1. E-Verify: As required by N.C.G.S. § 143-133.3, Contractor certifies that it verifies the work authorization of each of its employees under the requirements of N.C.G.S.

Article 2 of Chapter 64 ("E-Verify"). If Contractor utilizes a subcontractor of any tier, Contractor shall require all subcontractor(s) of any tier to comply with E-Verify requirements.

2. Jessica Lunsford Act: Under North Carolina law, certain sex offenders are prohibited from coming onto school campuses. Contractor agrees to conduct an annual check of the N.C. Sex Offender and Public Protection Registration Program, the N.C.

Sexually Violent Predator Registration Program and the National Sex Offender Registry for all of its employees whose job involves direct interaction with students as part of the job. Henderson County Public Schools prohibits any personnel listed on such registries from being on any property owned or operated by Henderson County Public Schools and from having any direct interaction with students. As a term of this Contract, said checks must be performed by the Contractor and reported to Henderson County Public School’s Superintendent or designee, if Contractor’s employees will be working directly with students. Under provisions set forth in the Jessica Lunsford Act under North Carolina law, Contractor certifies that by entering into a contract with Henderson County Public Schools, neither Contractor nor any employee or agent of Contractor, is listed as a sex offender on the N.C. Sex Offender and Public Protection Registration Program, the N.C.

Sexually Violent Predator Registration Program, and/or the National Sex Offender Registry.

3. Termination: The Contract may be terminated by either party hereto upon thirty (30) days written notice to the other. In the event the Contract is terminated pursuant to the provisions of this paragraph, Henderson County Public Schools shall have no obligation to compensate Contractor for services which have not been performed.

Unless otherwise agreed by the Parties in writing, Contractor shall continue to provide services to Henderson County Public Schools during the thirty (30) day notice period, at the same rate of service performed by Contractor during the thirty

(30) days prior to receipt of notice. If Contractor fails to do so, Henderson County Public Schools may retain any monies otherwise due to Contractor.

4. Independent Contractor: It is understood that Contractor executes the Contract as an independent contractor and that Contractor shall have the exclusive control over the

“It is the policy of the Henderson County Public School System not to discriminate on the basis of race, ethnic origin, sex or disability in its educational programs, activities, or employment policies.”

means, methods and details of fulfilling its obligation under the Contract. The Contract is not intended and shall not be construed to create the relationship of principal-agent, master-servant, employer-employee, partnership, joint venture, joint enterprise, or association between the Parties or any of their owners, officers, directors, members, managers, partners, representatives, employees or agents.

Contractor agrees to perform and discharge all obligations of an independent contractor under any and all laws, whether existing or in the future in any way pertaining to the tasks hereunder, including but not limited to Social Security laws, Workers' Compensation Insurance, income taxes, and State Employment Insurance taxes or contributions; and Contractor will hold Henderson County Public Schools harmless against all such laws. Neither federal nor state local income tax, nor payroll tax of any kind shall be withheld or paid by Henderson County Public Schools on behalf of the Contractor or the employees of Contractor. No Worker's Compensation Insurance shall be obtained by Henderson County Public Schools concerning Contractor or Contractor’s employees.

5. Audit: During and after the term of the contract, the State Auditor, or any Auditor contracted by Henderson County Public Schools, may be given access to persons and records of the Contractor that are generated as a result of, or are related to, the Contract for purposes of verifying accounts and data affecting fees or performance, as provided in G.S. § 143-49(9).

Contractor shall keep all records for 3 years after the end of the contract period. The following entities may audit the records of this contract during and after the term of the contract to verify accounts and data affecting fees or performance: 1. The State Auditor. 2.

The internal auditors of the affected department, agency or institution. 3. The Joint Legislative Commission on Governmental Operations and legislative employees whose primary responsibility is to provide professional or administrative services to the Commission.

6. Discrimination: If applicable, Contractor and any subcontractors employed by

Contractor shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60-300.5(a) and 60-741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, or national origin.