Cub Creek Phase 3 Stream Restoration

Wilkes County, North Carolina

Final Specifications and Contract/Bid Documents

Project Number: SRP-SW-ARP-0025

July 13, 2026

Prepared for:

Town of Wilkesboro

203 West Main St.

Wilkesboro, NC 28697

Prepared by:

Blue Ridge Environmental Consultants, PA 1605 Curtis Bridge Rd., Suite 1 Wilkesboro, NC 28697 Engineer: Justin Church, justin@brec.biz

T H IS B ID IS F ED E R A L LY F U N D E D.

[2]

INVITATION TO BID

CUB CREEK PHASE III

[3]

SECTION 1 – PURPOSE AND BACKGROUND

1.1 PURPOSE

The Town of Wilkesboro (hereinafter referred to as the “Town”) is soliciting Sealed Bids from qualified Contractors for the restoration of Cub Creek in accordance with the enclosed specifications and associated materials. The project consists of restoring approximately 3,840 linear feet (LF) (approximately 0.73 miles) of Cub Creek, completing the northeast reach of Cub Creek to its confluence with the Yadkin River. The project site is located approximately 5–6 miles downstream and northeast of the W. Kerr Scott Dam and Reservoir. This area has experienced recurrent flooding, particularly affecting the Town of Wilkesboro’s Cub Creek Wastewater Treatment Plant and adjacent Cub Creek lands during periods of heavy rainfall.

The Town of Wilkesboro has received an award from the North Carolina Department of Environmental Quality (NC DEQ) Division of Water Infrastructure (DWI), which administers Federal funding provided through the American Rescue Plan Act (ARPA). These funds include the State and Local Fiscal Recovery Funds (SLFRF) program. Any contract awarded pursuant to this Sealed Bid shall be subject to and comply with all applicable requirements of the American Rescue Plan Act (ARPA), as well as all regulations, rules, and guidance issued by the United States Department of the Treasury governing the expenditure of funds distributed through the Fiscal Recovery Funds.

Such requirements include, without limitation, compliance with 2 C.F.R. Part 200; the State and Local Fiscal Recovery Funds (SLFRF) Award Terms and Conditions; the Interim Final Rule issued May 17, 2021 (86 Fed. Reg.

26,786); the Final Rule issued January 27, 2022 (87 Fed. Reg. 4,338); the Interim Final Rule issued September 20, 2023 (88 Fed. Reg. 64,986); the Obligation Final Rule issued November 20, 2023 (88 Fed. Reg. 80,584); all applicable federal statutes and regulations; reporting requirements and retention; and any additional guidance issued or to be issued by the U.S. Department of the Treasury regarding the use of Fiscal Recovery Funds.

****** All required submittals, reports, and payments must be completed and reported by the Town no later than December 31, 2026. ******

2.1 INVITATION TO BID DOCUMENT

Town of Wilkesboro is hereby soliciting Bids from qualified vendor(s) for Cub Creek Restoration Project Phase III.

This Sealed Bid is comprised of the base Invitation to Bid (ITB) document, any attachments, and any addenda released before contract award, which are incorporated herein by reference.

2.2 NOTICE TO VENDORS REGARDING TERMS AND CONDITIONS

Vendors are responsible for reviewing all parts of this ITB, including the general information and instructions, terms and conditions, exhibits, attachments, and any other documents incorporated into this Bid packet. Vendors must comply with all stated requirements and specifications.

If the Town determines that changes are necessary based on vendor questions, those changes will be issued through a written Bid Addendum. Vendors should not contact the Town or the Engineer Firm by telephone or in person regarding this ITB. Any questions, concerns, or exceptions to the ITB must be submitted in writing in accordance with the instructions in the section titled “Bid Questions.” Vendors are responsible for obtaining, reviewing, and complying with all addenda and any other changes issued in connection with this bid.

A submitted bid constitutes a firm offer and shall remain valid for sixty (60) days from the bid opening date. By submitting a bid, the vendor agrees that any additional or modified terms or conditions proposed by the vendor— whether intentionally or unintentionally, including changes to the Instructions to Vendors—shall have no force or effect and will be disregarded. Any failure to comply with, or attempt to alter or remove, this requirement shall be grounds for rejection of the Bid as nonresponsive.

https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-tribal-governments/state-and-local-fiscal-recovery-funds https://home.treasury.gov/ https://home.treasury.gov/ https://www.ecfr.gov/current/title-2/subtitle-A/chapter-II/part-200?toc=1 https://home.treasury.gov/system/files/136/NEU_Award_Terms_and_Conditions.pdf https://www.federalregister.gov/documents/2021/05/17/2021-10283/coronavirus-state-and-local-fiscal-recovery-funds https://www.federalregister.gov/documents/2021/05/17/2021-10283/coronavirus-state-and-local-fiscal-recovery-funds https://www.federalregister.gov/documents/2022/01/27/2022-00292/coronavirus-state-and-local-fiscal-recovery-funds https://home.treasury.gov/system/files/136/2023-Interim-Final-Rule.pdf https://home.treasury.gov/system/files/136/2023-Interim-Final-Rule.pdf https://home.treasury.gov/system/files/136/Obligation_Interim_Final_Rule_2023.pdf https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-tribal-governments/state-and-local-fiscal-recovery-funds https://home.treasury.gov/policy-issues/coronavirus/assistance-for-state-local-and-tribal-governments/state-and-local-fiscal-recovery-funds

[4]

2.3 SCHEDULE

The table beginning on the next page shows the intended schedule for this Bid. The Town of Wilkesboro will make every effort to adhere to this schedule.

EVENT RESPONSIBILITY DAY, DATE AND TIME

Issue Bid Justin Church, justin@brec.biz Monday, July 13th, 2026

Mandatory Pre-Bid Meeting Vendor Thursday, July 23rd, 2026 at 2pm EST at Wilkesboro Town Hall Conference Room, 203 West Main Street, Wilkesboro, North Carolina, 28697

Request for Information Vendor to Justin Church, justin@brec.biz

Thursday, July 30th, 2026 at 4pm EST

Provide Responses to Questions Justin Church, justin@brec.biz, to Vendor

Thursday, August 6th, 2026 at 4pm EST

Submit Sealed Bid Response Vendor to Town Thursday, August 13th, 2026 at 4pm

EST

Contract Award Town Council TBA

Contract Effective Date Town Upon Execution

Town of Wilkesboro will receive Sealed Bids for Cub Creek Restoration Phase III, Bid Number SRP-SW-ARP-0025, at the Wilkesboro Town Hall Conference Room, 203 West Main Street, Wilkesboro, North Carolina, 28697 on Thursday, August 13, 2026. Immediately thereafter bids shall be publicly opened and read aloud.

2.4 BID QUESTIONS

Upon review of documents, vendors may submit questions after reviewing the bid documents if clarification is needed to properly understand the scope of work and prepare a complete bid. All questions must be submitted by the date and time stated above.

Questions must be submitted in writing by email to the Engineer at the email address listed above, with the subject line: “Bid#: SRP-SW-ARP-0025– Questions.”

Questions received by the deadline, along with the Town’s responses and any additional terms or clarifications deemed necessary by the Town, will be issued as a written addendum and posted on the Town of Wilkesboro website (https://wilkesboronc.org) under the homepage news section. All such addenda shall become part of this bid.

No information, instructions, or guidance provided verbally or informally by Town staff or the BREC Engineer, whether in response to a question or otherwise, shall be considered official or binding. Vendors must rely solely on written addenda issued for this bid.

2.5 BID SUBMITTAL

Sealed bids, subject to the conditions made part hereof shall be received at the address indicated in the table below, no later than 4pm EST on Thursday, August 13th, 2026.

Mailing address for delivery of Bid via US Postal Service

Office Address of delivery of Bid by any other method (hand delivery, overnight, or other carrier) mailto:justin@brec.biz mailto:justin@brec.biz mailto:justin@brec.biz https://wilkesboronc.org/

[5]

Town of Wilkesboro Attn: Bid# SRP-SW-ARP-0025 Post Office Box 1056 Wilkesboro, North Carolina 28697

Town of Wilkesboro Attn: Bid# SRP-SW-ARP-0025 203 West Main Street Wilkesboro, North Carolina 28697

It is the responsibility of the vendor to sign the Bid by the specified time and date of opening, regardless of the method of delivery. This is an absolute requirement. The time and delivery will be marked on each bid when received, and any bid received after the bid submission deadline will not be accepted or evaluated.

All risk of late arrival due to unanticipated delay – whether delivered by hand, U.S. Postal Service, courier, or other delivery service method – is entirely on the vendor. All vendors are urged to take the possibility of delay into account when submitting a bid.

Vendors shall deliver one (1) signed, original executed bid response to the address identified in the table in this Section. Include only bids in response to this ITB in a sealed package. Address package and insert bid number as shown in the table in this Section.

Bids shall be marked on the outside of the sealed envelope with the vendor’s name, Bid number and date and time of opening. If vendor submits more than one bid, each bid shall be submitted in separate sealed envelopes and marked accordingly. For delivery purposes, separate sealed bids from a single vendor may be included in the same outer package.

Attempts to submit a Bid via facsimile (FAX) machine, telephone, or electronic means, including but not limited to email, in response to this Invitation for Bids will not be accepted. Bids are subject to rejection unless submitted with the information above included on the outside of the sealed bid package.

Critical updated information may be included in Addenda to this ITB. It is important that all vendors proposing on this ITB should periodically check the Town’s website for any Addenda that may be issued prior to the bid opening date. All vendors shall be deemed to have read and understood all information in this ITB and all Addenda thereto.

2.6 BID CONTENTS

For the sealed bid, vendor(s) shall populate all attachments of this ITB that require the vendor to provide information and include an authorized signature where requested, as outlined below. Vendor Bid responses shall include the following items and the bid documents should be arranged in the following order:

a) Complete and sign: ATTACHMENT A: Vendor Pricing form and Offer Certification.

b) Complete and sign: ATTACHMENT B: Coronavirus State and Local Fiscal Recovery Funds Addendum.

c) Complete and sign: ATTACHMENT C: Certification regarding Lobbying.

d) Complete form with similar type projects: ATTACHMENT D: References Disclosure Form.

e) Complete and sign: ATTACHMENT E: Conflict of Interest disclosure Form.

f) Complete and sign: ATTACHMENT F: Affidavit of Compliance with North Carolina E-verify.

g) Complete and sign: ATTACHMENT G: Certification regarding Debarment, Suspension, Ineligibility, and

Voluntary Exclusion.

SECTION 3 – METHOD OF AWARD AND BID EVALUATION PROCESS

3.1 METHOD OF AWARD

All qualified bids will be evaluated, and an award or awards will be based on lowest responsive, responsible bid meeting specifications.

While the intent of this ITB is to award a firm fixed price contract to a single vendor for all line items, the Town reserves the right to make separate awards to different vendors for one or more line items, to not award one or

[6] more line items or to cancel this ITB in its entirety without awarding a contract, if it is considered to be most advantageous to the town to do so.

Town of Wilkesboro reserves the right to reject any and all Bid responses and to waive informalities as may be permitted by law.

3.2 PROHIBITED COMMUNICATIONS DURING EVALUTION

While this ITB is under evaluation, the responding vendor, including any Subcontractors and Suppliers, are prohibited from engaging in conversations intended to influence the outcome of the evaluation.

3.3 BID EVALUATION PROCESS

The Town shall review all vendor responses to this Bid to confirm that they meet the specifications and requirements of the ITB.

a) Bids are requested for the items as specified, or item(s) equivalent in design, function, and performance.

The Town reserves the right to reject any bid on the basis of fit, form and function as well as cost. All information furnished on this bid may be used as a factor in determining the award of this contract.

b) Bids will be received from each responsive vendor in a sealed envelope or package.

c) All bids shall be received by the issuing agency not later than the date and time specified on the cover sheet of this ITB.

d) At that date and time specified as the bid opening, the package containing the bids from each responding firm will be opened publicly and the name of the vendor and the price(s) bid announced.

e) The Town shall review all vendor responses to this Bid to confirm that they meet the specifications and requirements of the ITB.

f) For all responses that pass the initial review process, the Town will review and assess the vendors’ pricing.

The Town may request additional formal responses or submissions from any or all vendors for the purpose of clarification or to amplify the materials presented in any part of the bid. Vendors are cautioned, however, that the Town is not required to request clarification, and often does not. Therefore, all bids should be complete and reflect the most favorable terms available from the vendor. Prices bid cannot be altered or modified as part of a clarification.

g) Bids will be evaluated, based on the award criteria identified in Section: METHOD OF AWARD.

Vendors are cautioned that this is a request for offers, not an offer or request to contract, and the Town reserves the unqualified right to reject any and all offers at any time if such rejection is deemed to be in the best interest of the Town.

Upon completion of the evaluation process, the Town will make award(s) based on the evaluation and post the award(s) to the Town’s website. Award of a contract to one vendor does not mean that the other bids lacked merit, but that, all factors considered, the selected bid was deemed most advantageous and represented the best value to the Town.

3.4 INTERPRETATION OF TERMS AND PHRASES

This Invitation for Bids (ITB) serves two functions: (1) to advise potential vendors of the parameters of the solution being sought by the Town; and (2) to provide (together with other specified documents) the terms of the contract resulting from this procurement. As such, all terms in the Invitation for Bids shall be enforceable as contract terms in accordance with the General contract Terms and Conditions. The use of phrases such as “shall,” “must,” and “requirements” are intended to create enforceable contract conditions. Except as specifically stated in the ITB, no one requirement shall automatically disqualify a vendor from consideration. However, failure to comply with any single requirement may result in the Town exercising its discretion to reject a bid in its entirety.

[7]

SECTION 4 – REQUIREMENTS

This Section lists the requirements related to this Bid. By submitting a bid, the vendor agrees to meet all stated requirements in this Section as well as any other specifications, requirements and terms and conditions stated in this ITB. If a vendor is unclear about a requirement or specification or believes a change to a requirement would allow for the Town to receive a better bid, the vendor is urged and cautioned to submit these items in the form of a question during the question-and-answer period in accordance with Section 2.4.

4.1 PRICING

Bid price shall constitute the total cost to Town for delivery fully assembled, to the extent factory assembly is possible, including but not limited to, all applicable charges for shipping, delivery, handling, sales tax, administrative and other similar fees. Vendor shall not invoice for any amounts not specifically allowed for in this ITB. See: “Article 45 – Taxes”. Complete ATTACHMENT A: VENDOR PRICING AND OFFER CERTIFICATION FORM and include with bid response.

4.2 PRODUCT IDENTIFICATION - SUITABILITY FOR INTENDED USE

Vendors are requested to offer only items directly complying with the specifications herein or comparable items which will provide the equivalent capabilities, features and diversity called for herein. The Town reserves the right to evaluate all bids for suitability for the required use and to award the one best meeting requirements and considered to be in the Town’s best interests.

4.3 DELIVERY

The vendor shall deliver FOB Destination to 105 Oakwoods Rd, Wilkesboro, NC 28697, with all transportation costs included in the total bid price. If Town needed to alter the delivery location prior to delivery, the adjusted delivery location would be at no additional cost to the Town and less than 5 miles from the location referenced above. All deliveries need to be made Monday through Friday, 7:30 AM – 4:00 PM and scheduled with the Town by contacting the Town of Wilkesboro Public Works at 336-838-0188, prior to any delivery being made.

Currently, the Town will be responsible for the unloading of materials at the site location; however, the Town desires to evaluate that decision and is asking for vendors to include an optional fee for the unloading of materials. This optional fee should not be included in the Total contract Bid Amount and may not be chosen as part of the contract.

4.4 AUTHORIZED RESELLER

The vendor shall be authorized by the manufacturer to distribute and resell the products offered in this Bid. The vendor shall provide a signed statement from the manufacturer as an Authorized Reseller confirming authorization upon request from the agency. Failure to provide this statement shall constitute sufficient grounds for rejection of vendor’s offer, at the discretion of the Town.

4.5 REFERENCES

Vendor shall include in bid response a completed ATTACHMENT D: REFERENCE DISCLOSURE FORM. The Town and/or engineer will contact these users to determine the quality level of the offered; as well as but not limited to user satisfaction with vendor performance. Such information may be considered in the evaluation of the bid.

Vendor shall use ATTACHMENT D: REFERENCE DISCLOSURE FORM to provide the required information for a minimum of three (3) references for similar type projects. any single requirement may result in the Town exercising its discretion to reject a bid in its entirety.

SECTION 5 – PRODUCT SPECIFICATIONS

[8]

5.1 GENERAL SPECIFICATIONS

Technical specifications define the minimum acceptable standard. Burden of proof that the product meets the minimum standards is on the bidder. The Town reserves the right to reject Bids that the Town deems unacceptable.

The specific quantity of items, unit of measure and item descriptions are listed in the chart below.

ITEM # DESCRIPTION QUANTITY UNIT OF MEASURE

SITE PREPARATION

SP.1 Construction Survey 1 Each

SP.2 As-Built Survey 1 Each

SP.3 Mobilization 1 Each

SP.4 Stabilized Construction Entrance 637 Square Foot

SP.5 Kiosk Sign 1 Each

TOTAL

EARTHWORK

EW.1 Clearing/Grubbing and Grading 548,785 Square Foot

EW.2 Stream Excavation 3,842 Linear Foot

EW.3 Stone Class 1 (Misc.) 2,500 Square Foot

EW.4 ABC Stone 22,975 Square Foot

EW.5 Rock Dust 18,400 Square Foot

EW.6 8oz Non-woven Geotextile 4,575 Square Foot

TOTAL

PIPE AND STRUCTURE

PS.1 Existing Pipe Removal 1 Each

PS.2 Associated Structures/Headwalls 1 Each

PS.3 Disposal & Hauling 1 Each

PS.4 Site Restoration 1 Each

PS.5 Furnish & Install Replacement Pipe 1 Each

TOTAL

IN-STREAM STRUCTURES

SS.1 Boulder J-Hook Structure 24 Each

TOTAL

EROSION CONTROL

skid steer EC.1 Coir Matting 78,000 Square Foot

EC.2

Temporary Silt Fence and Rock Silt Screen 8,015 Linear Foot

EC.3 Silt Fence Rock Outlet 61 Each

EC.4 Temporary Seeding 133,675 Square Foot

TOTAL

[9]

PLANTING

PT.1 Livestakes 364 Each

PT.2 Plugs 3,000 Each

PT.3 Potted Plants 975 Each

PT.4 Bareroots 2,683 Each

TOTAL

5.2 APPROVED MANUFACTURERS

If any. _______________________________________________________________________________

5.3 DEVIATIONS

The nature of all deviations from the Specifications listed in SECTION 5. PRODUCT SPECIFICATIONS shall be clearly described by the vendor. Otherwise, it will be considered that items offered by the vendor are in strict compliance with the Specifications provided herein, and the successful vendor shall be required to supply conforming goods.

Deviations shall be explained in detail below or on an attached sheet. For any deviation to be accepted, it must be approved by the Town. However, no implication is made or intended by the Town that any deviation will be acceptable.

SECTION 6 – CONTRACT ADMINISTRATION

All Contract Administration requirements are conditioned on an award resulting from this solicitation. This information is provided for the vendor’s planning purposes.

6.1 ACCEPTANCE OF WORK

Performance of the work and/or delivery of goods shall be conducted and completed at least in accordance with the contract requirements and recognized and customarily accepted industry practices. Performance shall be considered complete when the services or goods are approved as acceptable by the Town.

Acceptance of work products shall be based on the following criteria: See Section 5 Product Specifications.

The Town and Engineer shall have the obligation to notify vendor, in writing ten (10) calendar days following completion of such work or delivery of a deliverables described in the Contract that it is not acceptable. The notice shall specify in reasonable detail the reason(s) it is unacceptable. Acceptance by the Town shall not be unreasonably withheld; but may be conditioned or delayed as required for reasonable review, evaluation, installation, or testing, as applicable to the work or deliverable. Final acceptance is expressly conditioned upon completion of all applicable assessment procedures. Should the work or deliverables fail to meet any specifications, acceptance criteria or otherwise fail to conform to the Contract, the Town may exercise any and all rights hereunder, including, for Goods deliverables, such rights provided by the Uniform Commercial Code, as adopted in North Carolina.

6.2 ACKNOWLEDGEMENT OF FUNDING

[10]

Town has been awarded State and Local Fiscal Recovery Funds (SLFRF) by the Treasury Department under the American Rescue Plan Act (ARPA) and NC DEQ is the pass-through State of N.C. agency administering the funds.

These Federal funds will be used to fund all or a portion of this Agreement. The Contractor will comply with all applicable Federal, State, and local laws, regulations, executive orders, policies, procedures, and directives applicable from the awarding agency.

6.3 INVOICES

Vendor shall invoice the Engineering Firm. The standard Contractor application, with spreadsheets of work completed, materials on hand, employee pay forms, etc., sales tax affidavits, and invoices. See: “Article 45 – Taxes.”

Invoices shall include detailed line-item information to allow the Engineering Firm to verify pricing at point of receipt matches the correct price from the original date of order.

INVOICES MAY NOT BE PAID UNTIL AN INSPECTION HAS OCCURRED AND THE GOODS ACCEPTED.

6.4 WARRANTY

The Contractor shall guarantee and warrant all materials purchased pursuant to this ITB against defect due to faulty material, workmanship, and/or negligence for a period of one (1) year from acceptance.

6.5 PRODUCT RECALL

Vendor/Contractor expressly assumes full responsibility for prompt notification to the Buyer listed on the face of this ITB of any product recall in accordance with the applicable state or Federal regulations. The vendor shall support the Town, as necessary, to promptly replace any such products, at no cost to Town.

6.6 E-VERIFY

Vendor shall comply with the requirements of Article 2 of Chapter 64 of the NC General Statutes. Further, if vendor uses a Subcontractor, vendor shall require the Subcontractor to comply with the requirements of Article 2 of Chapter 64 of the N. C. General Statutes.

https://www.ncleg.net/EnactedLegislation/Statutes/HTML/ByArticle/Chapter_64/Article_2.html

CONTRACT DOCUMENTS

FOR

CUB CREEK PHASE 3 STREAM RESTORATION

WILKES COUNTY, NORTH CAROLINA

ID NO. 0080142016

TABLE OF CONTENTS

INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS

MINIMUM COMPLIANCE REQUIREMENTS

TECHNICAL SPECIFICATIONS AND SPECIAL PROVISIONS:

Section 1.0 Special Conditions

1.1 Method of Payment:

1.2 Work Standards:

1.3 Existing Utilities:

1.4 Construction Signs:

1.5 Weather:

Section 2.0 Site Preparation

2.0 General:

2.1 Construction Survey

2.2 As- Built Survey

2.3 Mobilization

2.4 Stabilized Construction Entrance

2.5 Staging Areas

Section 3.0 Earthwork

3.0 General:

3.1 Clearing/Grubbing and Grading

3.2 Stream Excavation

Section 4.0 In-Stream Structures

4.0 General:

4.1 Stone, Boulder (Misc.)

4.2 Stone Class A (Misc.)

4.3 Stone Class B (Misc.)

4.4 Stone Class 1 (Misc.)

4.5 Stone #57 (Misc.)

4.6 Class I Select (Misc.)

4.7 Offset Rock Cross Vane

4.8 Channel Block

4.9 Step Pool

4.10 Riffle Grade Control

4.11 Stone Toe Stabilization

4.12 Ditch Plug

Section 5.0 Erosion Control

5.0 General:

5.1 Coir Matting

5.2 Temporary Channel Diversion

5.3 Impervious Dike

5.4 Temporary Bridge Mats

5.5 Temporary Silt Fence and Rock Silt Screen

5.6 Silt Fence Rock Outlet

5.7 Temporary Seeding

5.8 Special Stilling Basin with Rock Pad

Section 6.0 Planting

6.0 General

6.1 Riparian Planting (Live Stakes)

6.2 Riparian Plantings (Bare Root)

6.3 Invasive Species Control

6.4 Permanent Seeding

PERMITS

REQUEST FOR AUTHORIZATION TO CHANGE

401 Permit

404 Permit

DEMLR/NPDES Permit

DLQ/NPDES Permit

Bid Bond

Payment Bond

Notice of Award

Notice to Proceed

Request for Authorization to Change

Change Order Form

Special Conditions

INSTRUCTIONS TO BIDDERS AND GENERAL CONDITIONS

For a proposal to be considered it must be in accordance with the following instructions:

1. Proposals

Proposals must be made in strict accordance with the Form of Proposal provided therefore, and all blank spaces for bids, alternates and unit prices shall be properly filled in. When requested alternates are not bid, the proposal may be considered incomplete. The bidder agrees that bid on Form of

Proposal detached from specifications will be considered and will have the same force and effect as if attached thereto. Photocopied or faxed proposals will not be considered. Numbers shall be stated both in writing and in figures for the base bids and alternates.

Any modifications to the Form of Proposal (including alternates and/or unit prices) will disqualify the bid and may cause the bid to be rejected.

The contractor shall fill in the Form of Proposal as follows:

a. If the documents are executed by a sole owner, that fact shall be evidenced by the word “Owner” appearing after the name of the person executing them.

b. If the documents are executed by a partnership, that fact shall be evidenced by the word “Co-

Partner” appearing after the name of the person executing them.

c. If the documents are executed on the part of a corporation, they shall be executed by either the president or the vice president and attested by the secretary or assistant secretary in either case, and the title of the office of such persons shall appear after their signatures. The seal of the corporation shall be impressed on each signature page of the documents.

d. If the proposal is made by a joint venture, it shall be executed by each member of the joint venture in the above form for sole owner, partnership or corporation, whichever form is applicable.

e. All signatures shall be properly witnessed.

f. If the contractor’s license is held by a person other than an owner, partner or officer of a firm, then the licensee shall also sign and be a party to the proposal. The title “Licensee” shall appear under his/her signature.

Proposals shall be addressed as indicated in the Advertisement for Bids and shall be delivered enclosed in an opaque sealed envelope, marked “Proposal” and bearing the title of the work, name of the bidder, and the bidder’s license number, if required. Bidders shall clearly mark on the outside of the bid envelope which contract(s) they are bidding.

For projects bid in the single-prime alternative, the names and license number of major subcontractors shall be listed on the proposal form.

2. Bid Evaluation

The award of the contract will be made to the lowest responsible bidder as soon as practical. The owner may award on the basis of the base bid and any alternates the owner chooses.

Before awarding a contract, the owner may require the apparent low bidder to qualify himself to be a responsible bidder by furnishing all of the following data:

a. The latest financial statement showing assets and liabilities of the company or other information satisfactory to the owner.

b. A listing of completed projects of similar size.

c. Permanent name and address of place of business.

d. The number of regular employees of the organization and length of time the organization has been in business under present name.

e. The name and home office address of the surety proposed and the name and address of the responsible local claim agent.

f. The names of members of the firms who appropriate trade licenses, together with license numbers.

Failure or refusal to furnish any of the above information, if requested, shall constitute a basis for disqualification of any bidder.

In determining the lowest responsible bidder, the owner shall take into consideration the past performance of the bidder on construction contracts for the state with particular concern given to completion times, quality of work, cooperation with other contractors, and cooperation with the designer and owner.

Should the owner adjudge that the apparent low bidder is not the lowest responsible bidder by virtue of the above information, said apparent low bidder will be so notified and their bid security shall be returned to them.

3. Performance Bond

The successful bidder, upon award of the contract, shall furnish a performance bond in an amount equal to 100 percent of the contract price. See Article 35, General Conditions.

4. Payment Bond

The successful bidder, upon award of the contract, shall furnish a payment bond in an amount equal to 100 percent of the contract price. See Article 35, General Conditions.

5. Payments

Payments to the successful bidders (contractors) will be made on the basis of monthly estimates. See

Article 31, General Conditions.

6. Pre-Bid Conference

Prior to the date set for receiving bids, the Designer may arrange and conduct a Pre-Bid Conference for all prospective bidders. The purpose of this conference is to review project requirements and to respond to questions from prospective bidders and their subcontractors or material suppliers related to the intent of bid documents. Attendance by prospective bidders shall be as required by the “Notice to Bidders”.

7. Substitutions

In accordance with the provisions of G.S. 133-3, material, products, or equipment substitutions proposed by the bidders to those specified herein can only be considered during the bidding phase until ten (10) days prior to the receipt of bids when submitted to the Designer with sufficient data to confirm material, product, or equipment equality. Proposed substitutions submitted after this time will be considered only as potential change order.

Submittals for proposed substitutions shall include the following information:

a. Name, address, and telephone number of manufacturer and supplier as appropriate.

b. Trade name, model or catalog designation.

c. Product data including performance and test data, reference standards, and technical descriptions or material, product, or equipment. Include color, samples and samples of available finishes as appropriate.

d. Detailed comparison with specified products including performance capabilities, warranties and test results.

e. Other pertinent data including data requested by Designer to confirm product equality.

If a proposed material, product or equipment substitution is deemed equal by the Designer to those specified, all bidders of record will be notified by Addendum.

GENERAL CONDITIONS OF THIS CONTRACT

The use or reproduction of this document or any part thereof is authorized for and limited to use on projects of the Town of Wilkesboro, and is distributed by, through and at the discretion of the Town of

Wilkesboro for that distinct and sole purpose.

TABLE OF CONTENTS

ARTICLE TITLE PAGE

1 Definitions 18

2 Intent and Executions of Documents 20

3 Clarifications and Detail Drawings 21

4 Copies of Drawings and Specifications 21

5 Shop Drawings, Submittals, Samples, Data 22

6 Working Drawings and Specifications at the Job Site 22

7 Ownership of Drawings and Specifications 22

8 Materials, Equipment, Employees 23

9 Royalties, Licenses and Patent 24

10 Permits, Inspections, Fees, Regulations 24

11 Protection of Work, Property and the Public 24

12 Sedimentation Pollution Control Act of 1973 25

13 Inspection of the Work 26

14 Construction Supervision 27

15 Separate Contracts and Contractor Relationships 30

16 Subcontracts and Subcontractors 31

17 Contractor and Subcontractor Relationships 32

18 Designer’s Status 33

19 Changes in the Work 34

20 Claims for Extra Cost 36

21 Minor Changes in the Work 38

22 Uncorrected Faulty Work 38

23 Time of Completion, Delays, Extension of Time 38

24 Partial Utilization: Beneficial Occupancy 39

25 Final Inspection and Acceptance 40

26 Correction of Work Before Final Payment 41

27 Correction of Work After Final Payment 41

28 Owner’s Right to Do Work 41

29 Annulment of Contract 42

30 Contractor’s Right to Stop Work or Terminate the Contract 42

31 Requests for Payments 43

32 Certificates of Payment and Final Payment 44

33 Payments Withheld 45

34 Minimum Insurance Requirements 46

35 Performance Bond and Payment Bond 47

ARTICLE TITLE PAGE

36 Contractor’s Affidavit 47

37 Assignments 47

38 Use of Premises 47

39 Cutting, Patching and Digging 48

40 Utilities, Structures, Signs 48

41 Cleaning Up 50

42 Guarantee 50

43 Codes and Standards 51

44 Indemnification 51

45 Taxes 51

46 Equal Opportunity Clause 52

47 Employment of the Handicapped 52

48 Asbestos-Containing Material (ACM) 53

49 Contractor Evaluation 53

ARTICLE 1 – DEFINITIONS

a. The contract documents consist of Notice to Bidders; Instructions to Bidders; General Conditions of the contract; special conditions if applicable; Supplementary General Conditions; the drawing and specifications, including all bulletins, addenda or other modifications of the drawings and specifications incorporated into the documents prior to their execution; the proposal; the contract; the performance bond; the payment bond; and insurance certificates. All of the items together form the contract.

b. The owner is the Town of Wilkesboro through the agency named in this contract.

c. The designer(s) are those referred to within this contract, or their authorized representatives. The designer(s), as referred to herein, shall mean architect and/or engineer. They will be referred to hereinafter as if each were of the singular number, masculine gender.

d. The contractor, as referred to hereinafter, shall be deemed to be either of the several contracting parties called the “Party of the First Part” in either of the several contracts in connection with the total project. Where, in special instances hereinafter, a particular contractor is intended, an adjective precedes the word “contractor,” as “general,” “heating,” etc. For the purpose of a single prime contact, the term Contractor shall be deemed to be the single contracting entity identified as the “Party of the First Part” in the single Construction Contract. Any references or adjectives that name or infer multiple prime contractors shall be interpreted to mean the single prime

Contractor.

e. A subcontractor, as the term is used herein, shall be understood to be one who has entered into a direct contract with a contractor, and includes one who furnishes materials worked to a special design in accordance with plans and specifications covered by the contract, but does not include one who only sells or furnishes materials not requiring work so described or detailed.

f. Written notice shall be defined as notice in writing delivered in person to the contractor, or to a partner of the firm in the case of a partnership, or to a member of the contracting organization, or to an officer of the organization in the case of a corporation, or sent to the last known business address of the contracting organization by registered mail.

g. Work, as used herein as a noun, is intended to include materials, labor and workmanship of the appropriate contractor.

h. The project is the total construction work to be performed under the contract documents by the several contractors.

i. Project expediter, as used herein, is an entity stated in the contract documents, designed to effectively facilitate scheduling and coordination of work activities. See Article 14(f) for responsibilities of a Project Expediter. For the purposes of a single prime contract, the single prime contractor shall be designated as the Project Expediter.

j. Change order, as used herein, shall mean a written order to the contractor subsequent to the signing of the contract authorizing a change in the contract. The change order shall be signed by the contractor and designer, and approved by the Town of Wilkesboro, in that order (Article 19).

k. Field order, as used herein, shall mean a written approval for the contractor to proceed with the work requested by owner prior to issuance of a formal Change Order. The field order shall be signed by the contractor, designer, and owner.

l. Time of completion, as stated in the contract documents, is to be interpreted as consecutive calendar days measured from the date established in the written Notice to Proceed, or such other date as may be established herein (Article 23).

m. Liquidated damages, as stated in the contract documents, is an amount reasonably estimated in advance to cover the losses incurred by the owner by reason of failure of the contractor(s) to complete the work within the time specified.

n. Surety, as used herein, shall mean the bonding company or corporate body which is bound with and for the contractor, and which engages to be responsible for the contractor and his acceptable performance of the work.

o. Routine written communications between the Designer and the Contractor are any communication other than a ‘request for information” provided in letter, memo, or transmittal format, sent by mail, courier, electronic mail, or facsimile. Such communications cannot be identified as “request for information”.

p. Clarification or request for information (RFI) is a request from the Contractor seeking an interpretation or clarification by the Designer relative to the contract documents. The RFI, which shall be labeled (RFI), shall clearly and concisely set forth the issue or item requiring clarification or interpretation or understanding of the contract requirements in question, along with reasons for such an understanding.

q. Approval means written or imprinted acknowledgement that materials, equipment or methods of construction are acceptable for use in the work.

r. Inspection shall mean examination or observation of work completed or in progress to determine its compliance with contract documents.

s. “Equal to” or “approved equal” shall mean materials, products, equipment, assemblies, or installation methods considered equal by the bidder in all characteristics (physical, functional, and aesthetic) to those specified in the contract documents.

t. “Substitutions” or “substitutes” shall mean materials, products, equipment, assemblies, or installation methods deviating in at least one characteristic (physical, functional, or aesthetic) from those specified, but which in the opinion of the bidder would improve completion and/or enhance the finished installation.

ARTICLE 2 – INTENT AND EXECUTION OF DOCUMENTS

a. The drawings and specifications are complementary, one to the other. That which is shown on the drawings or called for in the specifications shall be as binding as if it were both called for and shown. The intent of the drawings and specifications is to establish the scope of all labor, materials, transportation, equipment, and any and all other things necessary to provide a complete job. In case of discrepancy or disagreement in the contract documents, the order of precedence shall be: Form of contract, specifications, large-scale detail drawings, and small-scale drawings.

b. The wording of the specifications shall be interpreted in accordance with common usage of the language except that words having a commonly used technical or trade meaning shall be so interpreted in preference to other meanings.

c. The contractor shall execute each copy of the proposal, contract, performance bond and payment bond as follows:

1. If the documents are executed by a sole owner, that fact shall be evidenced by the word

“Owner” appearing after the name of the person executing them.

2. If the documents are executed by a partnership, that fact shall be evidenced by the word

“Co-Partner” appearing after the name of the partner executing them.

3. If the documents are executed on the part of a corporation, they shall be executed by either the president or the vice president and attested by the secretary or assistant secretary in either case, and the title of the office or such persons shall appear after their signatures. The seal of the corporation shall be impressed on each signature page of the documents.

4. If the documents are made by a joint venture, they shall be executed by each member of the joint venture in the above form for sole owner, partnership or corporation, whichever form is applicable to each particular member.

5. All signatures shall be properly witnessed.

6. If the contractor’s license is held by a person other than an owner, partner or officer of a firm, then the licensee shall also sign and be a party to the contract. The title “Licensee” shall appear under his/her signature.

7. The bonds shall be executed by an attorney-in-fact. There shall be attached to each copy of the bond a certified copy of power of attorney properly executed and dated.

8. Each copy of the bonds shall be countersigned by an authorized individual agent of the bonding company licensed to do business in North Carolina. The title “Licensed Resident

Agent” shall appear after the signature.

9. The seal of the bonding company shall be impressed on each signature page of the bonds.

10. The contractor’s signature on the performance bond and the payment bond shall correspond with that on the contract.

ARTICLE 3 – CLARIFICATIONS AND DETAIL DRAWINGS

a. In such cases where the nature of the work requires clarification by the designer, such clarification shall be furnished by the designer with reasonable promptness by means of written instructions or detail drawings, or both. Clarifications and drawings shall be consistent with the intent of contract documents, and shall become a part thereof.

b. The contractor(s) and the designer shall prepare, if deemed necessary, a schedule fixing dates upon which foreseeable clarifications will be required. The schedule will be subject to additional or change in accordance with progress of the work. The designer shall furnish drawings or clarifications in accordance with that schedule. The contractor shall not proceed with the work without such detail drawings and/or written clarifications.

ARTICLE 4 – COPIES OF DRAWINGS AND SPECIFICATIONS

The designer shall furnish free of charge to the contractors copies of plans and specifications as follows:

a. General contractor – Up to twelve (12) sets of general contractor drawings and specifications, up to six (6) sets to include drawings and specifications of all other contracts, plus a clean set of black line prints on white paper of all appropriate drawings, upon which the contractor shall clearly and legibly record all work-in-place that is at variance with the contract documents.

b. Each other contractor – Up to six (6) sets of the appropriate drawings and specifications, up to three (3) sets to include drawings and specifications of all other contracts, plus a clean set of the black line prints on white paper of all appropriate drawings, upon which the contractor shall clearly, and legibly record all work-in-place that is at variance with the contract documents.

c. Additional sets shall be furnished at cost, including mailing, to the contractor upon request by the contractor. This cost shall be stated in the bidding documents.

d. For the purposed of a single-prime contract, the contractor shall receive up to 30 sets of drawings and specifications, plus a clean set of black line prints on white paper of all appropriate drawings, upon which the contractor shall clearly and legibly record all work-in-place that is at variance with the contract documents.

ARTICLE 5 – SHOP DRAWINGS, SUBMITTALS, SAMPLES, DATA

a. Within 30 consecutive calendar days after the notice to proceed, each prime contractor shall submit a schedule for anticipated submission of all shop drawings, product data, samples, and similar submittals to the Project Expediter and Designer. This schedule shall indicate the items, relevant specification sections, other related submittal, data, and the date when these items will furnished to the Designer.

b. The contractor shall review, approve and submit to the Designer all shop or setting drawings, product data, samples, color charts, and similar submittal data required or reasonably implied by the contract documents. Required submittals shall bear the Contractor’s stamp of approval, any exceptions to the contract documents shall be noted on the submittals, and copies of all submittals shall be of sufficient quantity for the Designer to retain up to three (3) copies of each submittal for his own use plus additional copies as may be required by Contractor. Submittals shall be presented to the Designer with reasonable promptness and time so as to cause no delay in the activities of the Owner or of separate Contractors.

c. The designer shall review the shop drawings promptly, noting desired corrections if any, and retaining three (3) copies for his use. The remaining copies of each submittal shall be returned to the Contractor within twenty (20) days from the day of receipt by the Designer, for the contractor’s use or for corrections and resubmittal as noted by the Designer. When resubmittals are required, the submittal procedure shall be the same as for the original submittals.

d. Approval of shop drawings by the designer shall not be construed as relieving the contractor from responsibility for compliance with the design or terms of the contract documents nor from responsibility for errors of any sort in the shop drawings, unless such lack of compliance or errors first have been called in writing to the attention of the Designer by the Contractor.

ARTICLE 6 – WORKING DRAWINGS AND SPECIFICATIONS AT THE JOB SITE

a. The contractor shall maintain, in readable condition at his job office, one complete set of working drawings and specifications for his work including all shop drawings. Such drawings and specifications shall be available for use by the designer or his authorized representative.

b. The contractor shall maintain at the job office, a day-to-day record of work-in-place that is at variance with the contract documents. Such variations shall be fully noted on project drawings by the Contractor and submitted to the Designer upon completion and no later than 30 days after acceptance of the project.

ARTICLE 7 – OWNERSHIP OF DRAWINGS AND SPECIFICATIONS

All drawings and specifications are instruments of service and remain the property of the owner. The use of these instruments on work other than this contract without permission of the owner is prohibited. All copies of drawings and specifications other than contract copies shall be returned to the owner upon request after completion of the work.

ARTICLE 8 - MATERIALS, EQUIPMENT, EMPLOYEES

a. The contractor shall, unless otherwise specified, supply and pay for all labor, transportation, materials, tools, apparatus, lights, power, heat, sanitary facilities, water, scaffolding and incidentals necessary for the completion of his work, and shall install, maintain and remove all equipment of the construction, other utensils or things, and be responsible for the safe, proper and lawful construction, maintenance and use of same, and shall construct in the best and most workmanlike manner, a complete job and everything incidental thereto, as shown on the plans, stated in the specifications, or reasonably implied there from, all in accordance with the contract documents.

b. All materials shall be new and of quality specified, except where reclaimed material is authorized herein and approved for use. Workmanship shall at all times be of a grade accepted as the best practice of the particular trade involved. And as stipulated in written standards or recognized organizations or institutes of the respective trades except as exceeded or qualified by the specifications.

c. Upon notice, the contractor shall furnish evidence as to quality of materials.

d. Products are generally specified by ASTM or other reference standard and/or by manufacturer’s name and model number or trade name. When specified only by reference standard, the

Contractor may select any product meeting this standard, by any manufacturer. When several products or manufacturers are specified as being equally acceptable, the Contractor has the option of using and product and manufacturer combination listed. However, the contractor shall be aware that the cited examples are used only to denote the quality standard of product desired and that they do not restrict bidders to specific brand, make, manufacturer or specific name; that they are used only to set forth and convey to bidders the general style, type, character and quality of product desired; and that equivalent products will be acceptable.