Contract and Technical Specifications.pdf

Contract and Technical Specifications For:

Franklin Street Streetscape - Phase II

Willow Street to South Street

Funded by:

Prepared in the office of:

City of Mount Airy, North Carolina

ENGINEERING DIVISION

PO Box 70 Mount Airy, North Carolina 27030 Phone: 336.786.3580 www.mountairy.org

April, 2026

03.31.2026

CITY OF MOUNT AIRY, NORTH CAROLINA

CONTRACT DOCUMENTS FOR:

TABLE OF CONTENTS

BIDDING AND CONTRACT REQUIREMENTS PAGE

Notice to Bidders NB-1 thru 2 Instructions to Bidders ITB-1 thru 6 Proposal P-1 thru 11 Contract C-1 thru 15 General Conditions GC-1 thru 29

TECHNICAL SPECIFICATIONS

SECTION TITLE

1 General 2 Surveys and Layouts 3 Erosion and Sedimentation Controls 4 Site Preparation 9 Concrete 12 Surface Restoration

APPENDICES

Appendix A – DBE Participation Forms Appendix B – N.C.G.S. 143-128.2 Appendix C – Davis-Bacon Act Information

NOTICE TO BIDDERS

Sealed bids for construction of the Franklin Street Streetscape Phase II – Willow to South will be received by the City of Mount Airy, North Carolina, hereinafter called the City, in the Mount Airy City Engineers office in the Public Works Building, 440 East Pine Street, Mount Airy, North Carolina until 2:00 p.m. local time on Wednesday, April 29, 2026, and then at said location publicly opened and read.

Construction includes:

Furnishing and installing all granite curb, sidewalks, brick pavers, asphalt, conduit, etc.

required for improving the streetscape along Franklin Street in downtown Mount Airy as described in the specifications and as shown on the contract drawings.

NOTE: Prospective bidders are hereby notified that they must have proper license under the state laws governing their trade. General contractors are notified that Chapter 87, Article 1, General Statutes of North Carolina will be observed in receiving and awarding this contract.

Optional Pre-Bid Meeting An open optional pre-bid meeting will be held for all interested bidders on Wednesday, April 15, 2026 at 10:00 AM in the office of Mount Airy Public Works, 440 E. Pine Street, Mount Airy, NC 27030. The meeting will address project questions, issues, bidding procedures and bid forms.

BIDDERS MUST COMPLY WITH ALL SAFETY REQUIREMENTS AS DETAILED IN THE

CONTRACT DOCUMENTS. FAILURE TO PROVIDE DOCUMENTATION OF AN

ADEQUATE SAFETY PROGRAM SHALL BE CAUSE FOR THE BID TO BE REJECTED.

Bidders must comply with the provisions of the N. C. Contractor's Licensing Act of 1925, as amended.

The City reserves the right to reject any proposal for failure to comply with all requirements of the Notice or of any of the Contract Documents; however, it may waive any minor defects or informalities at its discretion. The City further reserves the right to reject any and all proposals or to award the Contract which in its judgment is in the best interest of the City.

Contract Documents may be examined at the following location:

Public Works Department, City of Mount Airy, 440 East Pine Street, Mount Airy, NC

On-line at:

Dodge Construction Network (subscription required) HCAC/Carolinas AGC via iSqFt (subscription required) NC Commerce Procurement - commerce.nc.gov

Copies of the Contract Documents may be obtained at the City of Mount Airy City, Engineers office in the Municipal Services Building, 440 East Pine Street, Mount Airy, North Carolina 27030, Phone (336) 786-3580, e-mail lhiatt@mountairy.org, upon payment of a non-refundable fee of $ 100 for each set. A CD or link containing PDF files of the Bidding Documents may be obtained for a non-refundable fee of $20.

FIVE PERCENT (5%) BID DEPOSIT IS REQUIRED AND MUST BE SEALED IN A

SEPARATE ENVELOPE AND ATTACHED TO THE OUTSIDE OF THE ENVELOPE

CONTAINING THE PROPOSAL.

THE CITY WILL NOT BE RESPONSIBLE FOR FULL OR PARTIAL SETS OF CONTRACT

DOCUMENTS, INCLUDING ANY ADDENDUM, OBTAINED FROM ANY OTHER SOURCE.

NOTICE: The City of Mount Airy maintains an email address list of individuals and companies who wish to be notified by email when a construction contract is let for bid. To be added to this list please send the request to jfreeman@mountairy.org or 440 East Pine Street, Mount Airy, NC 27030. The City does not notify potential bidders and others of new projects by telephone.

Female and minority-owned businesses are encouraged to submit bids.

By Order of the Board of Commissioners of the City of Mount Airy, North Carolina.

Melissa Brame City Clerk

Dated: March 28, 2026

INSTRUCTIONS TO BIDDERS

1. Defined Terms

Terms used in these Instructions to Bidders are defined in the General Conditions of the Contract Documents.

2. Qualifications of Bidders

Each Bidder must ensure that they are qualified to perform in a satisfactory manner and within the time specified in the Proposal, all of the work covered by the Contract Documents. Bidders must:

2.1 Have a well-trained and competent organization which has done work of similar character and value;

2.2 Have available to do the work at the proper time or times, adequate equipment and facilities;

2.3 Have ample repair parts and supplies to maintain all equipment and facilities properly and with a minimum of delay;

2.4 Have an adequate, ongoing Safety Program.

This information will be submitted and evaluated in accordance with the requirements in Bid Evaluation.

3. Examination of Contract Documents and Site

3.1 Before submitting their Bid, each Bidder must:

3.1.1 Examine the Contract Documents thoroughly;

3.1.2 Visit the site to familiarize themselves with local conditions that may in any manner affect performance of the work;

3.1.3 Familiarize themselves with federal, state, and local laws,ordinances, rules and regulations affecting performance of the work;

3.1.4 Carefully correlate their observations with the requirements of the Contract Documents; and

3.1.5 Notify the City in writing of all conflicts, errors, or discrepancies in the

Contract Documents.

3.2 Reference is made to Section 1 - General of the Specifications for the identification of those surveys and investigation reports of subsurface or latent physical conditions at the site or otherwise affecting performance of the work which have been relied upon by the City in preparing the Drawings and Specifications. Subsurface data (if available) are offered in good faith solely for the purpose of placing the Bidder in receipt of all information available to the City and in no event is to be considered part of the Contract Documents. Subsurface data are not available for this contract. Before submitting their Bid, each Bidder will, at their own expense, make such surveys and investigations as they may deem necessary to determine their Bid Price for performance of the work within the terms of the Contract Documents. Any Bidder desiring access to the site for the purpose of subsurface investigations must advise the City through the Office of the City Engineer for coordination of access.

3.3 The submission of a Bid will constitute an incontrovertible representation by the Bidder that they have complied with every requirement of this Article.

4. Interpretation

4.1 All questions about the meaning or intent of the Contract documents shall be submitted (in writing) to the City Engineer, City of Mount Airy, P.O. Box 70, Mount Airy, NC, 27030, Attn: William Lev, P.E. Replies will be issued by Addenda, mailed or delivered to all parties recorded by the City as having received the Bidding Documents. Questions received less than five (5) days prior to the date for opening of Bids will not be answered. Only questions answered by formal written addenda will be binding. Oral and other interpretations or clarifications will be without legal effect.

4.2 Addenda, when issued, will be on file at the City at least twenty-four (24) hours before Bids are opened. It shall be the Bidder's responsibility to make inquiry as to the Addenda issued. All such Addenda shall become part of the Contract Documents and all Bidders shall be bound by such Addenda, whether or not received by the Bidders.

5. Bid Security

Each bid must be accompanied by a bid security which shall not be less than five percent (5%) of the bid amount. The required security must be in the form of cash, a certified or bank cashier's check on some bank or trust company insured by the Federal Deposit Insurance Corporation made payable to the City, or a Bid Bond issued by a surety licensed to conduct business in the State where the project is located. BID SECURITY MUST BE INCLUDED AND SEALED IN A SEPARATE

ENVELOPE AND ATTACHED TO THE OUTSIDE OF THE ENVELOPE

CONTAINING THE PROPOSAL. The Bid security of the successful Bidder will be retained until they have executed the Contract and furnished the required Contract security, whereupon it will be returned; if the Bidder fails to execute and deliver the Contract and furnish the required Contract security within ten (10) calendar days of the Notice of Award, the City may annul the Notice of Award and the Bid security of the Bidder will be forfeited. The Bid security of any Bidder may be retained by the

City until the earlier of (1) the seventh day after the executed Contract is delivered by the City to the Contractor and the required Contract security is furnished or (2) the sixty-first day after Bid opening.

6. Contract Time

The number of days for completion of the work (the Contract Time) is set forth in the Contract. The Contractor shall commence work on the date specified in the Notice to Proceed and shall complete the work within the stipulated Contract time.

7. Subcontractors

7.1 The apparent low bidder will, if requested, submit to the City an experience statement with pertinent information as to similar projects and other evidence of qualifications for each Subcontractor, person or organization who will furnish labor or materials, including the names of equipment manufacturers. If the City after due investigation has reasonable objection to any proposed Subcontractor, other person or organization, the City may before giving the Notice of Award request the apparent low bidder to submit an acceptable substitute without an increase in their Bid Price. Any Subcontractor, other person or organization so listed and to whom the City does not make written objection prior to the giving of the Notice of Award will be deemed acceptable to the City. This does not remove responsibilities for said Subcontractor, supplier, etc., to comply with the Contract Specifications.

7.2 Contractor shall not be required to employ any Subcontractor, other person or organization against whom the Contractor has reasonable objection.

8. Proposal Form

8.1 Proposals shall be submitted on the Proposal Form furnished with the Contract Documents.

8.2 All blank spaces for Bid prices in the proposal shall be properly completed in ink in both words and numerals. In case of conflict between the Price in words and its equivalent shown in numerals, the words will take precedence.

PROPOSALS SHALL NOT BE CONDITIONAL, LIMITED OR RESTRICTED

IN ANY WAY.

8.3 Bids by Corporations must be executed in the Corporate name by the

President or Vice-President (or other Corporate officer accompanied by evidence of authority to sign) and the Corporate Seal shall be affixed and attested by the Secretary or an Assistant Secretary. The Corporate address and state of incorporation shall be shown below the signature.

8.4 Bids by partnership must be executed in the partnership name and signed by a partner, their title must appear under their signature and the official address of the Partnership must be shown below the signature. The City reserves the right to request submission of partnership documents to determine the authority of the partner to execute the instrument.

8.5 All names must be printed in ink below the signature.

8.6 The Bid shall contain an acknowledgment of receipt of all addenda (the numbers of which shall be filled in on the Proposal form).

8.7 Enter Contractor's license number where called for in the Proposal.

9. Submission of Proposals

9.1 Proposals shall be submitted at the time and place indicated in the Notice to Bidders and shall be included in an opaque sealed envelope, marked with the Project title and name and address of the Bidder. A FIVE PERCENT

(5%) BID DEPOSIT MUST BE INCLUDED AND SEALED IN A SEPARATE

ENVELOPE AND ATTACHED TO THE OUTSIDE OF THE ENVELOPE

CONTAINING THE PROPOSAL. No Proposal will be considered unless filed on or before the time and at the place designated in the Notice to Bidders. Proposals received after the time set for the opening will be returned unopened.

9.2 Proposals sent by mail shall be registered mail. The sealed Proposal, marked as indicated above, should be enclosed in an additional sealed envelope similarly marked and addressed to:

City Engineer, City of Mount Airy

Post Office Box 70 440 East Pine Street

Mount Airy, North Carolina, 27030

Proposals sent by mail and arriving after the time for receipt of Bids shall not be considered as valid Bids. In such instances, the Bidder shall have no claim against the City.

10. Modification and Withdrawal of Proposals

10.1 Written or telegraphic modifications of Proposals may be accepted if received in accordance with the requirements for the Submission of Proposals. Bidders are cautioned that if in the opinion of the City such modifications are not explicit, or are in any sense subject to misinterpretation, then the Proposal so amended or modified will be subject to rejection.

10.2 Any Bidder upon their properly notarized written request will be given permission to withdraw their Proposal prior to the time scheduled for the opening of Bids. At the time of opening of the Proposals, when such Proposal is included, it will be returned to the Bidder unread. Negligence on the part of the Bidder in preparing their Proposal confers no right for the withdrawal of the Proposal after it has been opened.

11. Opening of Bids

Proposals will be received and Bids publicly opened and read at the time and place indicated in the Notice to Bidders.

12. Bid Evaluation

12.1 The apparent low bidder, and any other bidders as requested by the City, will be required to provide information pertaining to the following:

1) Financial and Experience Qualifications of Bidder, including a list of appropriate references, a list of previous similar contracting experience, name of individual who will give personal attention to work, and detailed financial information relating to bidder resources.

2) Safety Qualifications, including OSHA 200 logs for each of the last five years, workers compensation experience modifier for each of the last three years; and written safety program.

Bidders must provide the above information within ten days of the City’s request. These factors and others will be considered in relation to the job and the size of the contractor to assist in determining the contractors qualifications to perform this project.

All information will be kept strictly confidential and used in determining whether the Bidder is qualified to do work set forth in the Contract Documents.

FAILURE TO PROVIDE ALL OF THE ABOVE SHALL BE JUST CAUSE

FOR REJECTION OF THE PROPOSAL BY THE CITY.

12.2 In evaluating Bids, the City shall consider the qualifications of the Bidders, whether or not the Bids comply with the prescribed requirements, and alternates and installed prices as requested in the Proposal forms. The City may consider the qualifications and experience of Subcontractors and other persons and organizations (including those who are to furnish the principal items of material or equipment) proposed for those portions of the work as to which the identity of Subcontractors and other persons and organizations must be submitted. The City may conduct such investigations as deemed necessary to establish the responsibility, qualifications and financial ability of the Bidders, proposed Subcontractors and other persons and organizations to do the work in accordance with the Contract Documents to the City’s satisfaction within the prescribed time.

The City reserves the right to reject the Bid of any Bidder who does not pass any such evaluation to City's satisfaction.

13. Bids to Remain Open

All Bids shall remain open for sixty (60) days after the day of the Bid opening, but the City may, at the City's sole discretion, release any Bid prior to that date.

14. Award of Contract

14.1 The City reserves the right to reject any and all Bids and waive any and all informalities, and the right to disregard all nonconforming or conditional Bids or counter Proposals.

14.2 If a Contract is to be awarded, it will be awarded to the lowest responsible, responsive Bidder whose evaluation by the City indicates to the City that the Award will be in the best interest of the Project.

14.3 The City will give the apparent successful Bidder a Notice of Award within thirty (30) days after the day of the Bid opening. The Bidder will be required to appear at the place and at the time designated by the City, in person; or if a firm or corporation, a legally authorized representative shall so appear, and shall execute the Contract within ten (10) calendar days of the date of Notice of Award of Contract.

14.4 In addition, the successful Bidder shall procure, execute and deliver to the

City and maintain, at his/her own cost and expense, a Performance Bond and a Payment Bond as specified in the General Conditions. A separate Performance and Indemnity bond (Highway Encroachment Installation) shall be provided to the North Carolina Department of Transportation.

14.5 Failure or refusal of the Bidder whose Proposal is accepted to execute the

Contract as herein before provided shall constitute a breach by such Bidder of the Contract created by the acceptance of the Proposal, and in such event, the City, at the City's option, may determine that such Bidder has abandoned the Contract. Thereupon such Bidder's Proposal and the acceptance thereof shall be null and void. It is understood by the Bidder, in the event of the annulment of the Award, that the amount of the certified check, or Bid Bond, submitted with the Proposal shall be forfeited to the use of the City, not as a penalty, but as liquidated damages.

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PROPOSAL

TO: THE MAYOR AND BOARD OF COMMISSIONERS OF THE

FROM: BIDDER

ADDRESS

TELEPHONE NO

DATE OF BID ,20

The undersigned hereby signifies that it is (his/her/their) intention and purpose to enter into a formal contract with the City of Mount Airy, North Carolina to furnish all labor, materials, tools, equipment, apparatus, supplies, etc., required and to do all the work necessary for and because of the construction, erection, and/or installation of the proposed for the City of Mount Airy, North Carolina in accordance with the General Conditions, Technical Specifications; this Proposal; the following forms of Contract and Bonds; and the Drawings, including Addenda Nos. (fill in appropriate numbers); and pursuant with the requirements of the Notice and Instructions to Bidders. There is deposited, herewith, a certified check in the amount of:

Dollars ($ ), or a Bid Bond in the amount of five percent (5%) of the total AGGREGATE amount of this bid made payable to the City of Mount Airy the same to be refunded to the undersigned under the conditions of and in accordance with the terms of this Proposal which are as follows:

1. THAT: The undersigned has carefully examined the Drawings and Specifications and all other Contract Documents and fully understands them.

THAT: The undersigned carefully examined the site of the project and is familiar with the conditions under which the work, or any part thereof, is to be performed and the conditions which must be fulfilled in furnishing and/or installing, erecting or constructing any or all items of the project.

THAT: The undersigned will provide all necessary tools, machinery, equipment, apparatus, and all other means necessary to do all the work and will furnish all labor, materials and all else required to complete such Contract as may be entered into, in the manner prescribed in and in accordance with the terms of the Specifications and Contract and in accordance with the true intent and meaning thereof, and in accordance with the Plans and/or Drawings

P-2 and the requirements of the City under them, in a first class manner.

THAT: The rights of the City are not to be questioned in the award of contracts.

THAT: It is the intention of the City to let contracts on a basis of the bids received in accordance with North Carolina G.S. 143-129 and in such manner as they may deem to be for the best interests of the City.

THAT: The City reserves the right to reject any or all Proposals.

THAT: The work under each Section will be awarded under one contract and that the City shall have the right to include such item or items as the City may deem to be for the best interests of the City.

THAT: On being awarded the Contract, the undersigned will execute a Performance Bond and a Payment Bond, on the forms included herein, each equal to one hundred percent (100%) of the Contract price, as security for the faithful performance of the contract.

THAT: The undersigned shall submit, in the blank spaces provided, all data, guarantees and other information called for.

THAT: The undersigned shall submit, herewith, drawings, or cuts and specifications showing and describing in detail the equipment and/or apparatus which the undersigned proposes to furnish.

THAT: This proposal shall be signed and submitted in the manner prescribed in the Instructions to Bidders.

THAT: Should this Proposal not be accepted by the Mayor and Board of Commissioners of the City of Mount Airy, North Carolina, the five percent (5%) bid deposit will be returned to the undersigned.

THAT: Should this proposal be accepted by the City and the undersigned fail or neglect to execute the Contract and furnish the required bonds within ten days after receiving notification of the acceptance of the Proposal and/or receipt of the formal Contract and Bond forms, the five percent (5%) bid deposit herewith shall be retained by the City as liquidated damages, it being understood that the City reserves the right to extend the time allowed for executing the Contract and/or furnishing the Bond.

THAT: The undersigned will complete such contract as may be entered into within 90 CONSECUTIVE CALENDAR DAYS, of the date specified in the Notice to Proceed.

THAT: It is the intent of these Contract documents to obtain a contract based on a lump sum price except where unit prices are specifically requested. In the event of errors in the arithmetical extension of unit prices to total prices, the unit price bid shall govern, and the award of the contract shall be based on the recomputed total prices. Where discrepancy

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The Bidder's attention is directed to the special sales tax requirements and provisions stated in the Contract General Conditions.

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BID SCHEDULE

A. Bidder will complete the Work in accordance with the Contract Documents for the following UNIT price(s):

FRANKLIN STREET STREETSCAPE PHASE II – WILLOW TO SOUTH

Quantity Units Unit Price Bid Proposed Decorative Sidewalk

Mobilization/Incidentals/Demolition 1 LS 6" Mount Airy Granite Curb

(City supplies Granite Curb only) 3000 LF

6” Concrete Curb 400 LF 6” Concrete Curb and Gutter 500 LF

Scored Concrete Sidewalk (inc. aprons) 3100 SY ABC Stone for Sidewalks (4") 800 TON

Single Brick Banding 1500 LF Double Brick Banding 2500 LF

2'x5' Brick Truncated Domes 12 EA 2” Schedule 40 Conduit 1600 LF

Landscaping 1 LS Decorative Parking/Traffic Signs 6 EA

Subtotal Proposed Street Construction

Mobilization/Incidentals/Demolition 1 LS ABC Stone for Street (8") 4500 TON

Asphalt Binder (2") 850 TON 9.5C Asphalt Surface Coat (2") 850 TON

Striping 1 LS Subtotal Total

TOTAL BASE BID

AND /100 DOLLARS ($ ).

ARTICLE 2—UNIT PRICES FOR CHANGES

The following unit prices will apply in the event additions to the work to be performed under this Contract are required:

ITEM TYPE OF WORK UNIT PRICE

1. Unsuitable Material - Perform Additional Excavation and replace with suitable CY $

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2. Geotextile Fabric SY $

It is understood and agreed by the undersigned that the City reserves the unrestricted privilege to reject any or all of the foregoing unit prices in this Paragraph which it may consider excessive or unreasonable, or to accept, by including the same in the Contract as unit prices applicable in the event of additions to or deductions from the work to be performed under the Contract, any or all of such unit prices which it may consider fair and reasonable.

NOTE: Actual quantities of supplemental items will be observed and verified by the

City. Final contract price will be adjusted using the actual quantities and the unit prices shown above.

CONTRACTOR'S LICENSE

The undersigned certifies that he/she/they is/are licensed as a Contractor under the specific State law regulating his/her/their particular trade and that the number of his/her/their license, under which he/she/they is/are now operating is

E-VERIFY COMPLIANCE

The contractor represents and covenants that the contractor and its subcontractors comply with the requirements of Article 2 of Chapter 64 of the North Carolina General Statutes (NCGS). In this E-Verify Compliance section, "contractor," "its subcontractors," and "comply" shall have the meanings intended by NCGS 160A-20.1(b). The City is relying on this section in entering into this contract. The parties agree to this section only to the extent authorized by law. If this section is held to be unenforceable or invalid in whole or in part, it shall be deemed amended to the extent necessary to make this contract comply with NCGS 160A-20.1(b).

LIQUIDATED DAMAGES:

The undersigned agrees, further, that the City may retain those amounts from the amount of compensation due the undersigned, under the terms of the Contract, for each and every calendar day past the contract completion date that the work remains incomplete. This amount is agreed upon as the proper measure of liquidated damages the City will sustain, per day, by the failure of the undersigned to complete the work, within the stipulated time, and it is not to be construed, in any sense, as a penalty.

LIQUIDATED DAMAGES = $500.00

Liquidated damages may be retained at the above listed rate for each and every day the work remains incomplete after the completion date of the Contract.

Completion for above listed items shall be defined as completely installed including all associated appurtenances, tested and ready for the intended service.

No Contractor shall have a claim against the City as a result of other construction, Contractor's lack of progress or project completion.

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INDIVIDUAL:

The Bidder is an individual whose full name is:

and if operating under a trade name, said trade name is as follows:

PARTNERSHIP:

The business is a partnership consisting of individual partners whose full names are as follows:

The partnership does business under the legal name of:

CORPORATION:

The Bidder is a corporation organized and existing under the laws of the State of , which operates under the legal name and the full names of its officers are as follows:

President

Secretary

Registered Agent and it does have a corporate seal. The President is authorized to sign construction proposals and contracts for the company by action of its Board of Directors taken

, a certified copy of which is hereto attached. (Strike out this last sentence if not applicable.)

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Dated , 20

Name of Legal Entity

By:

(Signature)

Title

ATTEST – SECRETARY

SEAL - (if Corporation)

Subscribed and sworn to before me this day of , 20

Notary Public

My Commission Expires:

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BID BOND

MUST BE SEALED IN A SEPARATE ENVELOPE AND ATTACHED TO OUTSIDE OF

PROPOSAL ENVELOPE.

This bond is executed on , 20

The name of the PRINCIPAL is (1)

(2)

The name of the SURETY is

The City of Mount Airy, North Carolina is the OWNER The amount of the bond is (words) Dollars ($ ) KNOW ALL MEN BY THESE PRESENTS, the Principal and Surety above named are hereby held and firmly bound unto the above named OWNER hereinafter called the CITY in the penal sum of the amount stated above in lawful money of the United States, for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns.

The condition of the above obligation is such that whereas the Principal has submitted to the City a certain Bid, attached hereto and hereby made a part hereof to enter into a contract, in writing, for the construction of:

NOW, THEREFORE,

(a) If said Bid shall be rejected, or in the alternate,

(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for their faithful performance of said contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agree that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

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The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the City may accept such Bid; and said Surety does hereby waive notice of any such extension.

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above.

ATTEST:

(Principal)Secretary Principal

BY: (3)

(Principal)

Witness as to Principal (Address)

(SEAL)

(Address)

N.C. Resident Agent (Surety)

BY:

(Address) (Attorney-In-Fact)

Witness as to Surety

(1) Correct name of Contractor;

(2) Corporation, a Partnership or an Individual, as the case may be;

(3) If Contractor is a Partnership, all partners should execute bond.

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POWER OF ATTORNEY

(Attach)

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NOTICE OF AWARD

TO: CONTRACTOR:

ADDRESS:

OWNER: CITY OF MOUNT AIRY, NORTH CAROLINA

PROJECT: Franklin Street Streetscape - Phase II

You are hereby notified that the City has considered the Proposal submitted by you for the above-described project at the Bid Opening on , 20 . It appears that it is to the best interest of said Owner to accept your Proposal in the amount of (in words) Dollars ($ ) You are required to deliver to the City three fully-executed counterparts of the Agreement within ten days from the date of the delivery of this Notice to you. If you fail to comply with this requirement, the City will be entitled to consider all your rights arising out of the City's acceptance of your Proposal as abandoned and to award the work covered by your Proposal to another, or to re-advertise the work or otherwise dispose thereof as the City may see fit.

Dated this day of , 20

City of Mount Airy Mount Airy, NC 27030

Title:

ACCEPTANCE OF NOTICE

Receipt of the above Notice of Award is hereby acknowledged this day of , 20

Title:

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CONTRACT

This Contract made the ________day of , 2013, by and between hereinafter called the “CONTRACTOR", and the City of Mount Airy, North Carolina hereinafter called the "CITY", WITNESSETH, That the Contractor and the City, for consideration stated herein, agree as follows:

ARTICLE I, SCOPE OF WORK

The Contractor shall perform everything required to be performed and shall provide and furnish all of the labor, materials, necessary tools, expendable equipment, and all utility and transportation services required to perform and complete in a workmanlike manner all of the work required for the construction of Franklin Street Streetscape - Phase II for the City of Mount Airy, North Carolina, all in strict accordance with the drawings and Specifications, including any and all addenda, prepared by the City of Mount Airy, which Drawings and Specifications are made a part of this Contract, and in strict compliance with the Contractor's Bid and the other contract documents herein mentioned which are a part of this Contract; and the Contractor shall do everything required by this Contract and the other contract documents constituting a part hereof.

ARTICLE II, THE CONTRACT PRICE

The City shall pay to the Contractor for the performance of this Contract, subject to any additions or deductions provided herein, in current funds, the sum of

(in words)

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ARTICLE III, TIME OF COMPLETION

The Contractor agrees that the Work will be fully completed within 90 CONSECUTIVE CALENDAR DAYS of the Notice to Proceed. Any delay of Notice to Proceed date caused by the Contractor will not result in an extension of the completion date. Any delay caused by the City will result in a comparable time extension for completion.

The Contractor further agrees that the liquidated damages provisions of the Proposal shall apply to each calendar day of delay until the Work is substantially completed and to each calendar day of delay until the Work is completed and ready for final payment.

ARTICLE IV, UNIT PRICES FOR CHANGES

The following unit prices will apply in the event additions to or deductions from the work to be performed under this Contract are required:

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ARTICLE V, COMPONENT PARTS OF THIS CONTRACT

This Contract consists of the following component parts, all of which are as fully a part of this Contract as if herein set out verbatim or, if not attached, as if hereto attached:

1. Notice to Bidders

2. Instructions to Bidders

3. Proposal

4. This Instrument

5. General Conditions

6. Specifications, including Addenda Numbers

7. Drawings

In the event that any provisions in any of the component parts of this Contract conflicts with any provisions in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically, except as may be otherwise specifically stated.

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IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in three original counterparts the day and year first above written.

CONTRACTOR

In Presence of

By

Secretary-Treasurer (Signature)

Name/Title (print)

OWNER

By

Melissa N. Brame Jon Cawley, Mayor City Clerk

STATE OF NORTH CAROLINA

COUNTY OF SURRY

THIS IS TO CERTIFY that on this day personally appeared before me Melissa N. Brame, with whom I am personally acquainted, who, being by me duly sworn, says that Jon Cawley is the Mayor and that she, the said Melissa N. Brame, is the City Clerk of the City of Mount Airy, the Municipal Corporation described in and which executed the foregoing Contract; that she knows the common seal of said Corporation; that the seal affixed to said instrument is said common seal; that the name of the Corporation was subscribed thereto by the said Mayor and that the said Mayor and said City Clerk subscribed their names thereto and said common seal was affixed, all by order of the Board of Commissioners of the City of Mount Airy, and that said instrument is the act and deed of said Corporation.

Witness my hand and notarial seal, this the day of , 20

My commission expires:

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PERFORMANCE BOND

This is a performance bond that is subject to the provisions of Article 3 of Chapter 44A of the North Carolina General Statutes.

The City of Mount Airy is the CONTRACTING BODY.

The amount of the bond is Dollars ($ ).

KNOW ALL MEN BY THESE PRESENTS, that we, the PRINCIPAL and SURETY above named, are held and firmly bound unto the above named CONTRACTING BODY, hereinafter called the Contracting Body, in the penal sum of the amount stated above in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal entered into a certain Contract with the Contracting Body, dated the day of , 20 , for work described by Plans and Specifications prepared by the City of Mount Airy, North Carolina herein called and referred to as the City, a copy of said Contract is hereto attached and made a part hereof for the construction of:

NOW THEREFORE, if the Principal shall well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of said Contract during the original term of said Contract and any extensions thereof that may be granted by the Contracting Body, with or without notice to the Surety, and during the life of the one year guarantee period, and shall also well and truly perform and fulfill all the undertakings, covenants, terms, conditions, and agreements of any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the SURETY being hereby waived, then this obligation to be void; otherwise to remain in full force and virtue.

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IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and Corporate Seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

(Principal) Secretary Principal

BY: (3)

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2. PAYMENT BOND

This is a payment bond that is subject to the provisions of Article 3 of Chapter 44A of the North Carolina General Statutes.

The City of Mount Airy is the CONTRACTING BODY.

The amount of the bond is

Dollars ($ ).

KNOW ALL MEN BY THESE PRESENTS, that we, the PRINCIPAL and SURETY above named, are held and firmly bound unto the above named CONTRACTING BODY, hereinafter called the Contracting Body, in the penal sum of the amount stated above in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal entered into a certain Contract with the Contracting Body, dated the day of , 20 , for work described by Plans and Specifications prepared by the City of Mount Airy, North Carolina herein called and referred to as the City, a copy of said Contract is hereto attached and made a part hereof for the construction of:

NOW THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations supplying labor and material in the prosecution of the work provided for in said Contract, and any and all duly authorized modifications of said Contract that may hereafter be made, notice of which modifications to the SURETY being hereby waived, then this obligation to be void; otherwise to remain in full force and virtue.

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IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of its governing body.

(Principal) Secretary Principal

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STATE OF , ACKNOWLEDGMENT BY CORPORATION

COUNTY OF

I, , a Notary Public for the aforesaid County and State, certify that personally appeared before me this day, and acknowledged that he or she is the Secretary of the Corporation, and that by authority duly given and as the Act of the Corporation, the foregoing three documents (relating to Franklin Street Streetscape - Phase II namely, a Contract with the City of Mount Airy, Performance Bond and Payment Bond were all signed in the Corporation's name by its President, whose name is , sealed with its Corporate Seal, and attested by him/herself as its said Secretary or Assistant Secretary.

This the day of 20

My Commission expires:

STATE OF , ACKNOWLEDGEMENT BY ATTORNEY

IN FACT FOR SURETY

COUNTY OF

I, a Notary Public for the aforesaid County and State, certify that personally appeared before me this day, and acknowledged that he/she is Attorney in Fact for (hereinafter "the Surety"), and that by authority duly given and as the act of the Surety, he or she executed the foregoing two documents (relating to Franklin Street Streetscape - Phase II) namely, a Performance Bond and Payment Bond.

This the day of , 20

My Commission expires:

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AFFIDAVIT

(To be attached to all Contracts)

STATE OF

COUNTY OF

being first duly sworn on oath deposes and says that he/she is

(attorney-in-fact or agent) of

(bonding company) surety on the attached contract on executed by

(Contractor).

Affiant further deposes and says that no officer, official or employee of the City has any interest directly or indirectly, or is receiving any premium, commission fee or other thing of value on account of the same or furnishing of the bond, undertaking or contract of indemnity, guaranty, or suretyship in connection with the above mentioned Contract.

Signed

Subscribed and sworn to before me this day of , 20

COUNTY OF

STATE OF

My Commission Expires:

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POWER OF ATTORNEY

(Attach)

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CERTIFICATE OF INSURANCE

(ATTACH)

See General Conditions for specific requirements.

There shall appear on each copy of Workmen's Compensation, Public Liability, and Builder's Risk Insurance Certificates the following clause:

"It is agreed that the coverage as stated shall not be canceled or changed until ten days after written notice of such termination or alteration has been sent by Registered Mail to the City."

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STATE OF NORTH CAROLINA CITY OF MOUNT AIRY E-VERIFY AFFIDAVIT

CITY OF MOUNT AIRY

I, ____________________________(the individual attesting below), being duly authorized by and on behalf of

________________________________ (the entity bidding on project hereinafter "Employer") after first being duly sworn hereby swears or affirms as follows:

1. Employer understands that E-Verify is the federal E-Verify program operated by the United States

Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired employees pursuant to federal law in accordance with NCGS §64-

25(5).

2. Employer understands that Employers Must Use E-Verify. Each employer, after hiring an employee to work in the United States, shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a).

3. Employer is a person, business entity, or other organization that transacts business in this State and that employs 25 or more employees in this State. (mark Yes or No)

a. YES _____, or

b. NO _____

4. Employer's subcontractors comply with E-Verify, and if Employer is the winning bidder on this project

Employer will ensure compliance with E-Verify by any subcontractors subsequently hired by Employer.

This ____ day of _______________, 20 .

Signature of Affiant Print or Type Name: _________________________

State of County of

Signed and sworn to (or affirmed) before me, this the day of ________________, 2013.

My Commission Expires: _____________________

Signature of Notary Printed Name of Notary

(Affix O fficial/N otarial Seal)

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CERTIFICATE OF THE DIRECTOR OF FINANCE

This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act.

This the day of , 20

Director of Finance

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NOTICE TO PROCEED

TO: CONTRACTOR:

ADDRESS:

OWNER: City of Mount Airy

Mount Airy, North Carolina

PROJECT: Franklin Street Streetscape - Phase II

Contract Amount: $

You are hereby notified to commence work on the referenced project on , 20 and are to fully complete the work within 90 CONSECUTIVE CALENDAR DAYS thereafter. Your contract completion date is therefore , 20

The Contract provides for assessment of liquidated damages for each consecutive calendar day after the above established Contract completion date that the work remains incomplete as listed in the Proposal.

Mount Airy, North Carolina

William Levi Hiatt, P.E.

City Engineer Date:

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GENERAL CONDITIONS

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TABLE OF CONTENTS

1. DEFINITIONS

2. SUBCONTRACTOR

3. SUPERINTENDENCE

4. WORKMEN AND CONDITIONS

5. RIGHT OF ACCESS

6. MATERIALS, TOOLS, & TESTING

7. DEFECTIVE MATERIALS

8. MATERIAL STORAGE

9. MATERIALS, SERVICES AND FACILITIES-EXTRA HOURS

10. “OR EQUAL” CLAUSE

11. INSURANCE REQUIREMENTS

12. ROYALTIES AND PATENT INFRINGEMENTS

13. TIME FOR BEGINNING AND COMPLETION

14. CONTRACT SECURITY

15. ASSIGNMENTS

16. EXTRAS

17. CHANGES IN WORK

18. CLAIMS FOR EXTRA COST

19. PAYMENTS TO CONTRACTOR

20. PAYMENTS BY CONTRACTOR

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21. RIGHT OF THE CITY TO TERMINATE CONTRACT

22.CITY’S RIGHT TO WITHHOLD CERTAIN AMOUNTS AND MAKE

APPLICATION THEREOF

23. NOTICE AND SERVICE THEREOF

24. DELAYS – DAMAGES

25. POINTS OF BEGINNING – SUSPENSION OF WORK

26. SUBSTANTIAL COMPLETION; PARTIAL UTILIZATION

27. DEFECTS

28.REPAIRS BY CITY

29. FINAL PAYMENT AND ACCEPTANCE

30. GUARANTEE

31. WAIVER OF CLAIMS

32. INSPECTION BEFORE BIDDING

33. SHOP DRAWINGS

34.UTILITY OUTAGE

35. CHANGES BY CITY

36. LOCATION OF UTILITIES

37. NUMBER OF CONTRACTS

38. RIGHTS-OF-WAY AND EASEMENTS

39. BARRICADES AND LIGHTS

40. STAKING

41. RECORD DOCUMENTS

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42. CHANGE ORDER WORK

43. COORDINATION

44. NO DAMAGE FOR DELAY

45. CHANGES TO ACCOMMODATE MATERIALS AND EQUIPMENT TO

BE PROVIDED

46. SCHEDULE OF VALUES

47. SILTATION AND EROSION

48. NORTH CAROLINA SALES TAXES

49. COPIES OF CONTRACT DOCUMENTS

50. AFFIDAVIT OF CONTRACTOR

51. AFFIDAVIT FOR FINAL PAYMENTS

52. CERTIFICATE OF SUBSTANTIAL COMPLETION

53. NOTICE OF ACCEPTABILITY OF WORK

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1. DEFINITIONS – The following terms as used in these Contract Documents are respectively defined as follows:

a. City: The City of Mount Airy, North Carolina.

b. City Manager: The City Manager of the City of Mount Airy, North Carolina.

c. Contractor: The person, firm or corporation to

d. DENR: Department of Environment and Natural

Resources of the State of North Carolina.

e. Drawings The maps, profiles, plans and detail drawings accompanying these Specifications of which they are a Part. In case of differences between Specifications and Drawings, the Specifications shall take precedence.

f. Engineer: The City Engineer of the City of Mount Airy, authorized assistants or as specified elsewhere

g. Finance Director: The Finance Director of the City of Mount Airy, North Carolina.

h. Partial Utilization: Use by the City of a substantially completed part of the Work for the purpose for which it is intended (or a related purpose) prior to Substantial Completion of all the Work.

I. Project: The entire public improvement proposed by the

City to be constructed in part or in whole pursuant to the within Contract.

j. Subcontractor: A person, firm or corporation, other than a

Contractor, supplying labor and material or labor for work at the site of the Project.

k. Substantial Completion: The work (or a specified part thereof) has progressed to the point where, in the opinion of the City as evidenced by the City’s definitive certificate of Substantial Completion, it is sufficiently complete, in accordance with the contract documents, so that the Work (or specified part) can be utilized for the purposes for which it is intended; or if no such certificate is issued, when the Work is complete and ready for final payment as evidenced by the

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City’s written recommendation of final payment in accordance with FINAL PAYMENT AND ACCEPTANCE in these General Conditions.

The terms “substantially completed” and “substantially completed” as applied to all or part of in these General Conditions. The terms “substantially complete” and “substantially completes as applied to all or part of the Work refer to Substantial Completion thereof. When the construction of the Project, or a specified part thereof, involves multiple contracts, Substantial Completion shall require that all contracts necessary to permit utilization of the Project, or a specified part thereof, for the purpose for which it was intended, as determined by the City, be concurrently certified.

l. Surety: Any person, firm or corporation that has executed, as Surety, the Contractor’s Performance Bond and Payment Bond securing the performance of the within Contract.

m. Work: The entire completed construction or the various separately identifiable parts thereof required to be furnished under the contract documents. Work includes and is the result of performing or furnishing labor and furnishing and incorporating materials and equipment into the construction, and performing or furnishing services and furnishing documents, all as required by the contract documents.

n. Work on the Project: Work to be performed, including work normally done, at the location of the project.

2. SUBCONTRACTOR- No Subcontractor shall be recognized in any part of this Contract, and no portion of the Contract shall be sublet without written permission of the City.

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3. SUPERINTENDENCE- The Contractor shall, at all times, give his/her personal superintendence to the work or shall have a competent representative on the work, to whom instructions and orders may be given. Such instructions and orders shall have the same effect as if given directly to the Contractor.

4. WORKMEN AND CONDITIONS- Incompetent, careless or disorderly foremen or workmen shall not be allowed on the work. Offensive and unsanitary conditions shall not be allowed to exist on the improvements. The Contractor alone shall be responsible for the safety, efficiency, and adequacy of his/her plant, appliances, and methods, and for any damage which may result from their failure or their improper construction, maintenance or operation.

5. RIGHT OF ACCESS- The City and his/her representatives shall, at all times, have access to the work and the Contractor shall provide proper facilities for such access and inspection.

6. MATERIALS, TOOLS, & TESTING- The contractor shall furnish all the necessary materials, apparatus, tools and labor. Materials and apparatus shall be new and the best of their respective kinds, and shall be subject to such standard tests as the City may select in determining the fitness and durability of the materials and apparatus to be furnished.