GO Bond Paving.pdf

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GO Bond Paving Project
Solicitation number
Streets 27-01
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Cumberland County, North Carolina

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GO Bond Paving, FY-27 W3 P1 - City of New Bern Contract Documents

This Request for Sealed Bids (RFB Streets 27-01) is issued by the City of New Bern, North Carolina, Public Works Department for milling and asphalt paving of various city streets funded through General Obligation (GO) Bond proceeds. The project encompasses ten work items across nine streets and courts including Emmen Road, Kriens Court, Reinach Lane, Taberna Circle, Horgen Court, Neuchatel Court, Neuchatel Road, Friburg Road, and Mellon Road, with a combined scope involving approximately 43,473 square yards of milling, 43,473 square yards of grading, 664 tons of aggregate base course, and 4,830 tons of asphalt concrete surface course (Type S9.5B), along with thermoplastic pavement markings. The sealed bid deadline is 11:00 a.m. on September 17, 2026, with public opening immediately thereafter at the Public Works Administration Office. No pre-bid conference will be held; written questions must be submitted to David Fishel, PE, Assistant Director of Public Works, by September 8, 2026, at 5:00 p.m., with responses issued by addendum on September 11, 2026. The contract duration is 90 calendar days for both substantial completion and final payment, with liquidated damages of $500 per day assessed for delays beyond the completion deadline. Contract award is subject to approval by the City of New Bern Board of Aldermen and complies with North Carolina General Statutes 143-129 regarding competitive bidding and contractor licensing.

Bid security of at least five percent of the proposal amount is required in the form of cash, certified check, cashier's check, or bid bond executed by a corporate surety licensed in North Carolina. Bidders must submit unit prices for each line item, with the contract awarded to the lowest responsible bidder whose bid is responsive to the bidding documents. The bid form includes a lump-sum mobilization and bonding item, unit-price items for milling, grading, aggregate base course, and asphalt paving work, and a lump-sum maintenance of traffic item. Successful bidders must execute the contract and furnish satisfactory performance and payment bonds within ten days of the Notice of Award. Progress payments are made based on approved Applications for Payment in accordance with North Carolina General Statutes 143-134.1, with retainage administered per applicable law and the supplementary conditions. The project is funded through City GO Bond proceeds, with funding appropriations confirmed through the Local Government Budget and Fiscal Control Act. No contractor incumbency is noted, and contract documents are available for review at the City of New Bern Public Works Department and on the city website.

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CITY OF NEW BERN

GO BOND PAVING, FY-27 W3 P1

Contract Documents & Technical Specifications

City of New Bern Public Works Department

1004 S. Glenburnie Road - P.O. BOX 1129

New Bern, NC 28563

(252) 639-7501

RFB Streets 27-01

Revised by New Bern (8/2026)

City of New Bern | RFB Streets 27-01 Page 1 of 80

Revised by New Bern (8/2026) AD-1

ADVERTISEMENT FOR BIDDERS

CITY OF NEW BERN

GO BOND PAVING, FY-27 W3 P1

RFB Streets 27-01

Sealed bids will be received by the City of New Bern at the Public Works Administration Office, 1004 S. Glenburnie Road, New Bern, North Carolina, until 11:00 a.m. on Thursday, September 17, 2026, and immediately thereafter publicly opened and read, for the milling and asphalt paving of various City streets and other work associated with the GO BOND PAVING, FY-27 W3 P1 project.

Bids must be enclosed in a sealed opaque envelope plainly marked "RFB Streets 27-01 - GO BOND PAVING, FY-27 W3 P1" and include the Bidder name, address, North Carolina contractor license number, and all required bid documents. Each bid must be accompanied by bid security equal to at least five percent (5%) of the proposal in a form permitted by N.C.G.S. 143-129.

Contractors are notified that applicable North Carolina laws relating to the licensing of contractors will be observed in receiving bids and awarding the Contract.

The City of New Bern is an Equal Opportunity Employer. Participation by qualified small businesses is encouraged. A pre-bid conference will not be held. Questions must be submitted in writing to David Fishel, PE, Assistant Director of Public Works, at fishel.david@newbernnc.gov. Only written Addenda issued by the City are binding.

Procurement Schedule

Event Date

Advertisement / Posting Date

Pre-Bid Conference Not Applicable

Deadline for Questions September 8, 2026 - 5:00 PM

Responses Issued by Addendum September 11, 2026 - 5:00 PM

Bid Submission Due September 17, 2026 - 11:00 AM

Public Bid Opening

Notice of Award To Be Determined

Notice to Proceed To Be Determined

Plans and specifications may be viewed at the City of New Bern Public Works Department and on the City website. The City reserves the right to reject any or all bids and to waive minor informalities to the extent permitted by North Carolina law. If fewer than three competitive bids are received on the first advertisement, the City will proceed in accordance with N.C.G.S. 143-132.

August 28, 2026 - Upon Posting

City of New Bern | RFB Streets 27-01 Page 2 of 80

September 17, 2026 - Immediately Thereafter mailto:fishel.david@newbernnc.gov

TABLE OF CONTENTS

ADVERTISEMENT FOR BIDDERS AD-1

INSTRUCTIONS TO BIDDERS

PROJECT SPECIFICATIONS PS-1 - 3

BID BID-1 - 5

NOTICE OF AWARD NA-1

AGREEMENT FORM AF-1 - 6

NOTICE TO PROCEED NTP-1

APPLICATION FOR PAYMENT AP-1 - 4

CHANGE ORDER CO-1

GENERAL CONDITIONS GC-1 - 41

SUPPLEMENTARY CONDITIONS SC-1 - 3

ATTACHMENT 1 - CITY PO TERMS AND CONDITIONS 1 page

IB-1 - 6

SCOPE OF WORK 1 - 5

City of New Bern | RFB Streets 27-01 Page 3 of 80

EJCDC C-200 (2002)

Revised by New Bern (4/2007) Revised by New Bern (8/2026)

IB - 1

INSTRUCTIONS TO BIDDERS

TABLE OF ARTICLES

ARTICLE 1 - DEFINED TERMS

ARTICLE 2 - COPIES OF BIDDING DOCUMENTS

ARTICLE 3 - QUALIFICATIONS OF BIDDERS

ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

ARTICLE 5 - PRE-BID CONFERENCE

ARTICLE 6 - SITE AND OTHER AREAS

ARTICLE 7 - INTERPRETATIONS AND ADDENDA

ARTICLE 8 - BID SECURITY

ARTICLE 9 - CONTRACT TIMES

ARTICLE 10 - LIQUIDATED DAMAGES

ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS

ARTICLE 13 - PREPARATION OF BID

ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS

ARTICLE 15 - SUBMITTAL OF BID

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID

ARTICLE 17 - OPENING OF BIDS

ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT

ARTICLE 20 - CONTRACT SECURITY AND INSURANCE

ARTICLE 21 - SIGNING OF AGREEMENT

ARTICLE 22 - SALES AND USE TAXES

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ARTICLE 1 - DEFINED TERMS

1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General Conditions and Supplementary Conditions. Additional terms used in these Instructions to Bidders have the meanings indicated below:

A. Issuing Office - The office of the City of New Bern Public Works Department from which the Bidding Documents are issued and where the bidding procedures are administered.

B. Owner - Any further reference to the Owner shall refer to the City of New Bern.

C. Engineer - The Engineer for this Project is David Fishel, PE, Assistant Public Works Director, City of New Bern, P.O. Box 1129, New Bern, NC 28563-1129.

ARTICLE 2 - COPIES OF BIDDING DOCUMENTS

2.01 Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in the Advertisement for Bid may be obtained from the City of New Bern Public Works Department. The deposit will be refunded to each document holder of record who returns a complete set of Bidding Documents in good condition within 30 days after opening of Bids.

2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor Engineer assumes any responsibility for errors or misinterpretations resulting from the use of incomplete sets of Bidding Documents.

2.03 Owner and Engineer, in making copies of Bidding Documents available on the above terms, do so only for the purpose of obtaining Bids for the Work and do not confer a license or grant for any other use.

ARTICLE 3 - QUALIFICATIONS OF BIDDERS

3.01 To demonstrate Bidder’s qualifications to perform the Work, within five days of Owner’s request, Bidder shall submit written evidence such as financial data, previous experience, present commitments, and such other data as may be requested.

ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND SITE

4.01

Subsurface and Physical Conditions

A. The Supplementary Conditions identify:

1. Those reports of explorations and tests of subsurface conditions at or contiguous to the Site that Engineer has used in preparing the Bidding Documents.

2. Those drawings of physical conditions in or relating to existing surface and subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Bidding Documents.

B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by Owner to any Bidder on request.

Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02 of the General Conditions has been identified and established in Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions or information contained in such reports or shown or indicated in such drawings.

4.02

Underground Facilities

A. Information and data shown or indicated in the Bidding Documents with respect to existing Underground Facilities at or contiguous to the Site is based upon information and data furnished to Owner and Engineer by owners of such Underground Facilities, including Owner, or others.

4.03

Hazardous Environmental Condition

A. The Supplementary Conditions identify those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that Engineer has used in preparing the Bidding Documents.

B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by Owner to any Bidder on request.

Those reports and drawings are not part of the Contract Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.06 of the General Conditions has been identified and established in Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions, or information contained in such reports or shown or indicated in such drawings.

4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to subsurface conditions, other physical conditions and Underground Facilities, and possible changes in the Bidding Documents due to differing or unanticipated conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions concerning responsibilities for the adequacy of data furnished to prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any, and possible changes in the Contract Documents due to any Hazardous Environmental Condition uncovered or

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revealed at the Site which was not shown or indicated in the Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work appear in Paragraph 4.06 of the General Conditions.

4.05 On request, Owner will provide Bidder access to the Site to conduct such examinations, investigations, explorations, tests, and studies as Bidder deems necessary for submission of a Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon completion of such explorations, investigations, tests, and studies. Bidder shall comply with all applicable Laws and Regulations relative to excavation and utility locates.

4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the general nature of other work that is to be performed at the Site by Owner or others (such as utilities and other prime contractors) that relates to the Work contemplated by these Bidding Documents. On request, Owner will provide to each Bidder for examination access to or copies of Contract Documents (other than portions thereof related to price) for such other work.

4.07

It is the responsibility of each Bidder before submitting a Bid to:

A. examine and carefully study the Bidding Documents, the other related data identified in the Bidding Documents, and any Addenda;

B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work;

C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work;

D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph

4.02 of the General Conditions, and (2) reports and drawings of Hazardous Environmental Conditions at the Site which have been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions;

E. obtain and carefully study (or accept consequences of not doing so) all examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto;

F. agree at the time of submitting its Bid that no further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of its Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents;

G. become aware of the general nature of the work to be performed by Owner and others at the Site that relates to the Work as indicated in the Bidding Documents;

H. correlate the information known to Bidder, information and observations obtained from visits to the Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents;

I. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by Engineer is acceptable to Bidder; and J. determine that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work.

4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder has complied with every requirement of this Article 4, that without exception the Bid is premised upon performing and furnishing the Work required by the Bidding Documents and applying any specific means, methods, techniques, sequences, and procedures of construction that may be shown or indicated or expressly required by the Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has discovered in the Bidding Documents and the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performing and furnishing the Work.

ARTICLE 5 - PRE-BID CONFERENCE

5.01 A pre-bid conference will not be held.

ARTICLE 6 - SITE AND OTHER AREAS

6.01 The Site is identified in the Bidding Documents. Easements for permanent structures or permanent changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the Bidding Documents. All additional lands and access thereto required for temporary construction facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work are to be obtained and paid for by Contractor.

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ARTICLE 7 - INTERPRETATIONS AND ADDENDA

7.01 All questions about the meaning or intent of the Bidding Documents shall be submitted in writing to David Fishel, PE, Assistant Public Works Director, at fishel.david@newbernnc.gov no later than September 8, 2026 at 5:00 PM. Interpretations or clarifications considered necessary by Engineer will be issued by Addendum. Only interpretations or clarifications issued by written Addendum are binding. Oral and other interpretations or clarifications will have no legal effect.

7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed advisable by Owner or Engineer.

ARTICLE 8 - BID SECURITY

8.01 Each Bid must be accompanied by bid security payable to Owner in an amount not less than five percent (5%) of the Bidder's proposal. Bid security shall be in the form of cash, a cashier's check, a certified check on a bank or trust company insured by the Federal Deposit Insurance Corporation, or a bid bond executed by a corporate surety licensed under the laws of North Carolina, in accordance with N.C.G.S. 143-129.

8.02 The Bid security of the Successful Bidder will be retained until the Bidder has executed the Contract Documents, furnished satisfactory surety, and met the other conditions of the Notice of Award. If the Successful Bidder fails to execute the Contract within 10 days after award or fails to furnish satisfactory surety, the City may retain or enforce the Bid security as provided by N.C.G.S. 143-129.

8.03 Bid security of unsuccessful Bidders will be returned or released in accordance with applicable law and the City's award process.

ARTICLE 9 - CONTRACT TIMES

9.01 The Contract Time and any Milestones are stated in the Agreement. The confirmed Contract Time for this Project is 90 calendar days.

ARTICLE 10 - LIQUIDATED DAMAGES

10.01 Provisions for liquidated damages are set forth in the Agreement.

ARTICLE 11 - SUBSTITUTE AND "OR-EQUAL" ITEMS

11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described in the Bidding Documents, or those substitutes or "or-equal" materials and equipment approved by Engineer and identified by Addendum. The materials and equipment described in the Bidding Documents establish a standard of required type, function, and quality to be met by any proposed substitute or "or-equal" item. No item of material or equipment will be considered by Engineer as a substitute or "or-equal" unless a written request for approval has been submitted by Bidder and received by Engineer no later than the Deadline for Questions stated in the Procurement Schedule. Each request shall conform to Paragraph 6.05 of the General Conditions. The burden of proof of the merit of the proposed item is upon Bidder. Engineer's decision of approval or disapproval will be final. Any approved item will be identified by Addendum issued to prospective Bidders. Bidders shall not rely upon approvals made in any other manner.

ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS

12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers, individuals, or entities to be submitted to Owner in advance of a specified date prior to the Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so requested, shall within five days after Bid opening submit to Owner a list of all such Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for which identification is required. The list shall be accompanied by an experience statement and other evidence of qualification if requested by Owner. If Owner or Engineer, after due investigation, has reasonable objection to any proposed Subcontractor, Supplier, individual, or entity, Owner may, before the Notice of Award is given, request the apparent Successful Bidder to submit a substitute without an increase in the Bid.

12.02 If the apparent Successful Bidder declines to make any such substitution, Owner may award the Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers, individuals, or entities. Declining to make requested substitutions will not constitute grounds for forfeiture of Bid security. Any Subcontractor, Supplier, individual, or entity so listed and against which Owner or Engineer makes no written objection prior to the Notice of Award will be deemed acceptable, subject to revocation of such acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the General Conditions.

12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity against whom Contractor has reasonable objection.

ARTICLE 13 - PREPARATION OF BID

13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from Project Manager.

13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be indicated for each Bid item listed therein, or the words "No Bid," "No Change," or "Not Applicable" entered.

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13.03 A Bid by a corporation shall be executed in the corporate name by the president, vice-president, or other corporate officer, accompanied by evidence of authority to sign. The corporate seal shall be affixed and attested by the secretary or assistant secretary. The corporate address and state of incorporation shall be shown below the signature.

13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner whose title appears under the signature, accompanied by evidence of authority to sign. The official address of the partnership shall be shown below the signature.

13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and accompanied by evidence of authority to sign. The state of formation and official address shall be shown below the signature.

13.06 A Bid by an individual shall show the Bidder's name and official address.

13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the Bid Form. The official address of the joint venture shall be shown below the signature.

13.08 All names shall be typed or printed in ink below the signatures.

13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall be filled in on the Bid Form.

13.10 The address and telephone number for communications regarding the Bid shall be shown.

13.11 The Bid shall contain evidence of Bidder's authority and qualification to do business in North Carolina or covenant to obtain such qualification prior to award. Bidder's state contractor license number, if applicable, shall also be shown on the Bid Form.

ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS

14.01 Unit Price

A. Bidders shall submit a Bid on a unit-price basis for each item of Work listed in the Bid schedule and any Bid alternates.

B. The total of all estimated prices will be the sum of the products of the estimated quantity of each item and the corresponding unit price. The final quantities and Contract Price will be determined in accordance with Paragraph 11.03 of the General Conditions.

C. Discrepancies between multiplication of units of Work and unit prices will be resolved in favor of the unit prices.

Discrepancies between an indicated column sum and the correct sum will be resolved in favor of the correct sum.

Discrepancies between words and figures will be resolved in favor of the words.

14.02 The Bid price shall include such amounts as Bidder deems proper for overhead and profit on account of cash allowances, if any, named in the Contract Documents as provided in Paragraph 11.02 of the General Conditions.

ARTICLE 15 - SUBMITTAL OF BID

15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of the Bid Form and all attachments outlined in Article 7 of the Bid Form to be submitted. If provided, an unbound copy of the Bid Form is to be completed and submitted with the attachments outlined in Article 7 of the Bid Form.

15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in the Advertisement for Bidders and shall be enclosed in an opaque sealed envelope plainly marked with the Project title, RFB Streets 27-01, the name and address of Bidder, and accompanied by the Bid security and other required documents. If sent by mail or other delivery system, the sealed Bid envelope shall be enclosed in a separate envelope plainly marked "BID ENCLOSED." A mailed Bid shall be addressed to City of New Bern, Public Works Department, P.O. Box 1129, New Bern, NC 28563-1129.

ARTICLE 16 - MODIFICATION AND WITHDRAWAL OF BID

16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the manner that a Bid must be executed and delivered to the place where Bids are to be submitted prior to the date and time for opening of Bids.

16.02 Bid withdrawal after opening shall be governed by N.C.G.S. 143-129.1. A written request to withdraw must be made prior to award and no later than 72 hours after bid opening, unless a longer period is stated in these Instructions. Withdrawal without forfeiture is permitted only for a qualifying substantial clerical error or omission supported by credible evidence. If the Work is rebid, a bidder permitted to withdraw under the statute may not rebid the Work.

ARTICLE 17 - OPENING OF BIDS

17.01 Bids will be opened at the time and place indicated in the Advertisement for Bidders and, unless obviously non-responsive, tabulated by City personnel. An abstract of base Bids and major alternates, if any, will be made available to Bidders after opening.

17.02 The low bidder will be determined by the amount of the total bid price, with or without any bid alternates, as determined by Owner.

ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE

18.01 All Bids will remain subject to acceptance for the period stated in the Bid Form, but Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of this period.

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ARTICLE 19 - EVALUATION OF BIDS AND AWARD OF CONTRACT

19.01 Owner reserves the right to reject any or all Bids, including nonconforming, nonresponsive, unbalanced, or conditional Bids.

Owner may reject the Bid of any Bidder determined, after reasonable inquiry, to be nonresponsible. Owner may waive minor informalities to the extent permitted by law. Material changes to price, scope, time, or other substantive bid terms will not be negotiated after bid opening except as permitted by law.

19.02 More than one Bid for the same Work from an individual or entity under the same or different names will not be considered.

Reasonable grounds for believing that a Bidder has an interest in more than one Bid may be cause for disqualification and rejection of all affected Bids.

19.03 In evaluating Bids, Owner will consider compliance with the prescribed requirements and such alternates, unit prices, and other data as may be requested in the Bid Form or prior to Notice of Award.

19.04 In evaluating Bidders, Owner may consider the qualifications and experience of Bidders, Subcontractors, Suppliers, and other individuals or entities proposed for portions of the Work.

19.05 Owner may conduct investigations necessary to establish responsibility, qualifications, and financial ability to perform the Work in accordance with the Contract Documents.

19.06 If the Contract is awarded, Owner will award the Contract to the lowest responsible bidder whose Bid is responsive to the Bidding Documents, in accordance with N.C.G.S. 143-129 and other applicable law. Award is subject to approval by the City of New Bern Board of Aldermen as required by the City Purchasing Policy.

ARTICLE 20 - CONTRACT SECURITY AND INSURANCE

20.01 Article 5 of the General Conditions, as modified by the Supplementary Conditions, sets forth the requirements for performance and payment bonds and insurance. Required bonds shall accompany the executed Agreement.

ARTICLE 21 - SIGNING OF AGREEMENT

21.01 When Owner gives a Notice of Award to the Successful Bidder, it shall be accompanied by the required number of unsigned counterparts of the Agreement and identified Contract Documents. Within 10 days thereafter, the Successful Bidder shall sign and deliver the required counterparts and furnish satisfactory surety and other required documents. Owner will then deliver one fully executed counterpart to the Successful Bidder.

ARTICLE 22 - SALES AND USE TAXES

22.01 Refer to Paragraph SC-6.10 of the Supplementary Conditions for construction-project sales-tax requirements.

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PROJECT SPECIFICATIONS PS-1

City of New Bern

PROJECT SPECIFICATIONS

MOBILIZATION AND BONDING:

This item shall include the initial moving of equipment and supplies to the project site, providing the required performance and payment bonds, insurance, and permits. Payment for mobilization and bonding shall be lump sum.

Payment will be made under:

Pay Item Pay Unit

Mobilization & Bonding Lump Sum (LS)

MAINTENANCE OF TRAFFIC:

During daily construction work hours, the Contractor will maintain at least one lane of traffic.

During periods of construction inactivity all lanes of traffic will be open unless otherwise approved by the City of New Bern’s construction inspector.

The Contractor shall use flagger control in accordance with NCDOT Standards. The Contractor shall not work on both sides of the road simultaneously within same area.

The Contractor will be required to maintain ingress and egress to all business and dwellings and shall always provide clear access to fire hydrants.

It shall be the responsibility of The Contractor to ensure vehicles do not drive through/across/traverse active work zones. If a vehicle owner claims the resurfacing caused damage to their vehicle and/or other property, then The Contractor shall coordinate a resolution with the vehicle owner at no cost to the Town.

All necessary traffic control for this Project shall be included within the pricing for the work provided. No separate payment shall be provided for this work.

Maintenance of Traffic Lump Sum (LS)

ASPHALT CONCRETE SURFACE COURSE, TYPE S9.5B or S9.5C:

This item shall include, but not be limited to materials, equipment, labor, subgrade preparation, asphalt, rolling, clean-up and other incidental costs associated with the installation of S9.5B or

S9.5C surface course per NCDOT standards at the depth listed in the Scope of Work. Payment shall be per tonnage of asphalt installed at the unit price listed in the Bid Schedule.

Asphalt Concrete Surface Course, Type ___ Ton

MILLING EXISTING ASPHALT:

This item shall include, but not be limited to saw cutting, excavation, milling, and other incidental items as required to remove from site and properly dispose of the existing pavement (asphalt, concrete, brick, etc.). This line item will apply to all areas of pavement removal (edge mill, full mill

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PROJECT SPECIFICATIONS PS-2

and/or road reshaping milling). Payment shall be per square yard of pavement removed from site at the unit price listed in the bid schedule, to a depth of 0-6”, regardless of pavement structure.

Milling Existing Asphalt, __ Inches Square Yards (SY)

GRADING:

This item shall include, but not be limited to, preparing, grading, shaping, manipulating moisture content and compacting either an unstabilized or stabilized roadbed to a condition suitable for placement of base course, pavement and shoulders. Clean, shape, and maintain roadway ditches;

strip existing vegetation; and place and compact all materials from the shaping operation.

Grading Square Yard (SY)

AGGREGATE BASE COURSE:

This item shall include, but not be limited to, constructing a base composed of an approved aggregate material hauled to the road, placed on the road, mixed, compacted and shaped in accordance with the work described in the Contract Documents.

Aggregate Base Course Ton

MANHOLE RIM LEVELING:

This work consists of adjusting and leveling existing manhole rims and covers within asphalt-paved streets to match the finished pavement grade. The work includes removal of existing pavement, adjustment of the manhole frame, placement of approved leveling materials, and restoration of the asphalt pavement surface.

Construction Requirements

Preparation

1. Saw-cut existing asphalt pavement around the manhole a minimum of 12 inches beyond the outside edge of the frame, or as directed.

2. Remove asphalt and underlying material as necessary to expose the manhole frame.

3. Clean all surfaces of loose debris, asphalt, and deteriorated material.

Manhole Adjustment

1. Adjust the manhole frame vertically to match the proposed finished pavement grade.

2. Ensure the manhole rim elevation is flush with the final asphalt surface, with a tolerance of

±1/4 inch.

3. Maintain proper alignment and ensure the frame is level in all directions.

Setting and Leveling

1. Set the manhole frame on approved leveling material.

2. Fully support the frame around its entire circumference.

3. Allow grout or concrete to cure in accordance with manufacturer’s recommendations before paving.

City of New Bern | RFB Streets 27-01 Page 11 of 80

PROJECT SPECIFICATIONS PS-3

Pavement Restoration

1. Apply tack coat to all vertical and horizontal asphalt interfaces.

2. Place and compact asphalt in lifts to match the surrounding pavement thickness.

3. Finish asphalt surface flush with the manhole rim and surrounding pavement.

4. Ensure smooth transitions with no depressions or raised edges.

Quality Control

• Manhole rims shall be flush with the finished pavement surface.

• No rocking or movement of the frame shall be permitted.

• Restored pavement shall be smooth, dense, and free of cracks or segregation.

Manhole Rim Leveling Each (EA)

THERMOPLASTIC PAVEMENT MARKINGS:

This item shall include, but not be limited to, the removal and installation of pavement marks in accordance with the Contract Documents. Use only thermoplastic markings that are of the hot, machine applied type.

Thermoplastic PVMT Marking Lines, ____ (Color) Linear Foot (LF), Each (Ea.)

______ (Type)

SUBSIDIARY OBLIGATIONS:

All work not specifically set forth as a pay item in the Bid Schedule shall be considered a subsidiary obligation of the contract and all costs for such items shall be included in the appropriate line item price. Subsidiary obligations include but are not limited to the following:

- Installation and maintenance of erosion control measures to protect drainage features within the project area.

- Removal and Replacement of Existing Features

- Temporarily Supporting Power/Telephone Poles

Removal and replacement of existing features shall include but not be limited to grasses, lawns, shrubs, signs, mailboxes, pavers, monuments, and fencing.

END OF PROJECT SPECIFICATIONS

City of New Bern | RFB Streets 27-01 Page 12 of 80

FY-27 GO BOND PAVING, FY-27 W3 P1

Scope of Work

Work Item One – General

• Contractor will be responsible for locating existing utilities, Via UNLOC – 811.

• Contractor will submit a schedule of operation, within 7 calendar days of Notice of Award.

• Communication between the contractor and the City’s designated project coordinator, is paramount, so the coordinator has sufficient time to communicate to with the residents.

• Contractor will be responsible for radius tie ins on all side streets, to be not less than 10LF.

• Contractor will be responsible for proper and uniform traffic control devices, signage, and detour signage.

• Contractor will be responsible for cleanup of any excess material left to the sides, due to resurfacing and/or milling.

Work Item Two – Emmen Road

• Length – 4,261 Feet

• Width – 22/26 Feet

• Cul de Sac – 36 Foot Radius

• Locations o From the intersection of Taberna Way to Vaud Court o From the intersection of Vaud Court to Lugano Road o From the intersection of Lugano Road to Reinach Lane o From the intersection of Reinach Lane to Kriens Court o From the intersection of Kriens Court to end Cul-de-Sac

• Operation includes:

o Mill to a depth of 2-inches o Fine grade areas of exposed roadbed for placement of asphalt pavement, use aggregate base course for establishing roadbed profile as necessary o Place 2-inches of Asphalt Concrete Surface Course, Type S9.5B o Traffic Control o Clean up / Erosion Control

Work Item Three – Kriens Court

• Length – 264 Feet

• Width – 23 Feet

• Cul de Sac – 36 Foot Radius

• Location o From the intersection of Emmen Road to end Cul-de-Sac

• Operation includes:

o Mill to a depth of 2-inches o Fine grade areas of exposed roadbed for placement of asphalt pavement, use aggregate base course for establishing roadbed profile as necessary o Place 2-inches of Asphalt Concrete Surface Course, Type S9.5B

City of New Bern | RFB Streets 27-01 Page 13 of 80

Work Item Four – Reinach Lane

• Length – 1,435 Feet

• Width – 22 Feet

• Cul de Sac – 36 Foot Radius

• Location o From the intersection of Emmen Road to Montreux Lane o From the intersection of Montreux Lane to end Cul-de-Sac

• Operation includes:

o Mill to a depth of 2-inches o Fine grade areas of exposed roadbed for placement of asphalt pavement, use aggregate base course for establishing roadbed profile as necessary o Place 2-inches of Asphalt Concrete Surface Course, Type S9.5B

Work Item Five – Taberna Circle

• Length – 2,814 Feet

• Width – 30 Feet

• Location:

o From the intersection of Arbon Court to Mellon Road o From the intersection of Mellon Road to Walden Road

• Operation includes:

o Mill to a depth of 2-inches o Fine grade areas of exposed roadbed for placement of asphalt pavement, use aggregate base course for establishing roadbed profile as necessary o Place 2-inches of Asphalt Concrete Surface Course, Type S9.5B o Install thermoplastic ladder bar crosswalk

Work Item Six – Horgen Court

• Length – 437 Feet

• Width – 22 Feet

• Cul de Sac – 36 Foot Radius

• Location o From the intersection of Montreux Lane to end Cul-de-Sac

• Operation includes:

o Mill to a depth of 2-inches o Fine grade areas of exposed roadbed for placement of asphalt pavement, use aggregate base course for establishing roadbed profile as necessary o Place 2-inches of Asphalt Concrete Surface Course, Type S9.5B

City of New Bern | RFB Streets 27-01 Page 14 of 80

Work Item Seven – Neuchatel Court

• Length – 585 Feet

• Width – 22 Feet

• Cul de Sac – 36 Foot Radius

• Location o From the intersection of Neuchatel Road to end Cul-de-Sac

• Operation includes:

o Mill to a depth of 2-inches o Fine grade areas of exposed roadbed for placement of asphalt pavement, use aggregate base course for establishing roadbed profile as necessary o Place 2-inches of Asphalt Concrete Surface Course, Type S9.5B

Work Item Eight – Neuchatel Road

• Length – 2,195 Feet

• Width – 26 Feet

• Location o From the intersection of Uster Court to Biel Lane o From the intersection of Taberna Way to Neuchatel Court

• Operation includes:

o Mill to a depth of 2-inches o Fine grade areas of exposed roadbed for placement of asphalt pavement, use aggregate base course for establishing roadbed profile as necessary o Place 2-inches of Asphalt Concrete Surface Course, Type S9.5B

Work Item Nine – Friburg Road

• Length – 1,248 Feet

• Width – 22 Feet

• Cul de Sac – 36 Foot Radius

• Location o From the intersection of Taberna Way to Murl Lane o From the intersection of Murl Lane to end Cul-de-Sac

• Operation includes:

o Mill to a depth of 2-inches o Fine grade areas of exposed roadbed for placement of asphalt pavement, use aggregate base course for establishing roadbed profile as necessary o Place 2-inches of Asphalt Concrete Surface Course, Type S9.5B

Work Item Ten – Mellon Road

• Length – 1,276 Feet

• Width – 22/26 Feet

• Cul de Sac – 36 Foot Radius

• Location o From the intersection of Taberna Circle to Walden Road

City of New Bern | RFB Streets 27-01 Page 15 of 80 o From the intersection of Walden Road to end Cul-de-Sac

• Operation includes:

o Mill to a depth of 2-inches o Fine grade areas of exposed roadbed for placement of asphalt pavement, use aggregate base course for establishing roadbed profile as necessary o Place 2-inches of Asphalt Concrete Surface Course, Type S9.5B

Location Map:

City of New Bern | RFB Streets 27-01 Page 16 of 80

Calculations:

CALCULATIONS

Street Section Length (Ft.) Width (Ft.) Sq. Yd. Ton

Emmen Road (Cul de Sac) 36 r 452.39 50.27 Emmen Road (Cul de Sac - Kriens Ct.) 742 22 1813.78 201.53 Emmen Road (Kriens Ct. - Reinach Ln.) 597 22 1459.33 162.15 Emmen Road (Reinach Ln. - Lugano Rd.) 1869 26 5399.33 599.93 Emmen Road (Lugano Rd. - Vaud Ct.) 587 26 1695.78 188.42 Emmen Road (Vaud Ct. - Taberna Wy.) 466 26 1346.22 149.58

Kriens Court (Cul de Sac) 36 r 452.39 50.27 Kriens Court (Cul de Sac - Emmen Rd.) 264 22 645.33 71.70

Reinach Lane (Cul de Sac) 36 r 452.39 50.27 Reinach Lane (Cul de Sac - Montreux Ln.) 660 22 1613.33 179.26 Reinach Lane (Montreux Ln. - Emmen Rd.) 775 22 1894.44 210.49

Taberna Circle (Walden Rd. - Mellon Rd.) 1170 30 3900.00 433.33 Taberna Circle (Mellon Rd. - Arbon Ct.) 1644 30 5480.00 608.89 Horgen Court (Cul de Sac) 36 r 452.39 50.27 Horgen Court (Cul de Sac - Montreux Ln.) 437 22 1068.22 118.69

Neuchatel Court (Cul de Sac) 36 r 452.39 50.27 Neuchatel Court (Cul de Sac - Neuchatel Rd.) 585 22 1430.00 158.89

Neuchatel Road (Neuchatel Ct. - Taberna Wy.) 616 26 1779.56 197.73 Neuchatel Road (Biel Ln. - Uster Ct.) 1579 26 4561.56 506.84

Friburg Road (Cul de Sac) 36 r 452.39 50.27 Friburg Road (Cul de Sac - Murl Ln.) 620 22 1515.56 168.40 Friburg Road (Murl Ln. - Taberna Wy.) 628 22 1535.11 170.57

Mellon Road (Cul de Sac) 36 r 452.39 50.27 Mellon Road (Cul de Sac - Walden Rd.) 146 22 356.89 39.65 Mellon Road (Walden Rd. - Taberna Cr.) 1130 26 3264.44 362.72

City of New Bern | RFB Streets 27-01 Page 17 of 80

EJCDC C-410 (2002)

Revised by New Bern (4/2007) BID-1

BID FORM

TABLE OF ARTICLES

Article 1 – Bid Recipient

Article 2 – Bidder’s Acknowledgements

Article 3 – Bidder’s Representations

Article 4 – Further Representations

Article 5 – Basis of Bid

Article 6 – Time of Completion

Article 7 – Attachments To This Bid

Article 8 – Defined Terms

Article 9 – Bid Submittal

ARTICLE 1 – BID RECIPIENT

1.01 This Bid is submitted to:

City of New Bern, Assistant Public Works Director

1004 South Glenburnie Road

New Bern, N.C. 28563

1.02 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form included in the Bidding Documents to perform all Work as specified or indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in accordance with the other terms and conditions of the

Bidding Documents.

ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS

2.01 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing with the disposition of Bid security. This Bid will remain subject to acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may agree to in writing upon request of Owner.

ARTICLE 3 – BIDDER’S REPRESENTATIONS

3.01 In submitting this Bid, Bidder represents that:

A. Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the Bidding

Documents, and the following Addenda, receipt of which is hereby acknowledged.

Addendum No. Addendum Date

B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local and Site conditions that may affect cost, progress, and performance of the Work.

C. Bidder is familiar with and is satisfied as to all federal, state and local Laws and Regulations that may affect cost, progress and performance of the Work.

City of New Bern | RFB Streets 27-01 Page 18 of 80

Revised by New Bern (4/2007) BID-2

D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in SC-4.02, E. Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or supplementary examinations, investigations, explorations, tests, studies and data concerning conditions (surface, subsurface and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Bidder, including applying the specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents to be employed by

Bidder, and safety precautions and programs incident thereto.

F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the determination of this Bid for performance of the Work at the price(s) bid and within the times and in accordance with the other terms and conditions of the Bidding Documents.

G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site that relates to the

Work as indicated in the Bidding Documents.

H. Bidder has correlated the information known to Bidder, information and observations obtained from visits to the

Site, reports and drawings identified in the Bidding Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Bidding Documents.

I. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to Bidder.

J. The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and conditions for the performance of the Work for which this Bid is submitted.

K. Bidder will submit written evidence of its authority to do business in the state where the Project is located not later than the date of its execution of the Agreement.

ARTICLE 4 – FURTHER REPRESENTATIONS

4.01 Bidder further represents that:

A. this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any agreement or rules of any group, association, organization or corporation;

B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid;

C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and

D. Bidder has not sought by collusion to obtain for itself any advantage over any other Bidder or over Owner.

City of New Bern | RFB Streets 27-01 Page 19 of 80

Revised by New Bern (4/2007) BID-3

ARTICLE 5 – BASIS OF BID

5.01 Bidder will complete the Work in accordance with the Contract Documents for the price(s) listed in the following Base

Bid Schedule:

BASE BID:

WARD 3 STREETS (EMMEN RD., KRIENS CT., REINACH LN., TABERNA CR., HORGEN CT., NEUCHATEL

CT., NEUCHATEL RD., FRIBURG RD., MELLON RD.)

Item No.

Estimated

Quantity Unit Description Bid Unit Price Bid Price

1. 1 LS Mobilization & Bonding $____________ $____________

2. 43,473 SY Milling Existing Asphalt, 2-Inches $____________ $____________

3. 43,473 SY Grading (Exposed Roadbed) $____________ $____________

4. 664

Ton Aggregate Base Course $____________ $____________

5. 4,830 Ton Asphalt Concrete Surface Course, Type $____________ $____________

S9.5B

6. 150 LF Thermoplastic PVMT Marking Lines $____________ $____________

12-Inch White Stop Bar

7. 1 LS Maintenance of Traffic $____________

Total of All Bid

Prices

TOTAL $___________________

GRAND TOTAL BID $___________________

Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions.

Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of comparison of

Bids, and final payment for all Unit Price Bid items will be based on actual quantities, determined as provided in the

Contract Documents.

Bidder acknowledges that Owner may, or may not, elect to include any additional Bid Alternate in the Work to be performed under this Contract. The decision will be at the sole discretion of the Owner, costs associated with this Work may, or may not, be included in the determination of the lowest bidder.

City of New Bern | RFB Streets 27-01 Page 20 of 80

ARTICLE 6 - TIME OF COMPLETION

Bidder agrees that the Work will be substantially complete and will be completed and ready for final payment in accordance with Paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days indicated in the Agreement.

ARTICLE 7 - ATTACHMENTS TO THIS BID

7.01 The following documents are attached to and made a condition of this Bid:

A. Required Bid security in the form of a Bid Bond or Certified Check.

B. Any other documents expressly required by Addendum.

ARTICLE 8 - DEFINED TERMS

8.01 Terms used in this Bid with initial capital letters have the meanings stated in the Bidding Documents.

ARTICLE 9 - BID SUBMITTAL

9.01 This Bid is submitted by:

If Bidder is an Individual

Name (typed or printed):

By: (SEAL) Individual signature

Doing business as:

If Bidder is a Partnership

Partnership Name: (SEAL)

By:

Signature of general partner - attach evidence of authority to sign

Name (typed or printed):

If Bidder is a Corporation

Corporation Name: (SEAL)

State of Incorporation: Type:

By:

Signature - attach evidence of authority to sign

Name (typed or printed):

Title:

Attest:

Signature of Corporate Secretary

Date qualified to do business in North Carolina:

GO BOND PAVING, FY-27 W3 P1

EJCDC C-410 (2002)

Revised by New Bern (4/2007) Revised by New Bern (8/2026)

BID-4

City of New Bern | RFB Streets 27-01 Page 21 of 80

ARTICLE 9 - BID SUBMITTAL (CONTINUED)

If Bidder is a Joint Venture

Name of Joint Venture:

First Joint Venturer Name: (SEAL)

By:

Signature - attach evidence of authority to sign

Name (typed or printed):

Title:

Second Joint Venturer Name: (SEAL)

By:

Signature - attach evidence of authority to sign

Name (typed or printed):

Title:

Each joint venturer must sign in the manner applicable to its form of organization.

Bidder's Business Address:

Phone: Facsimile:

Submitted on: , 20____.

State Contractor License No.:

GO BOND PAVING, FY-27 W3 P1

EJCDC C-410 (2002)

Revised by New Bern (4/2007) Revised by New Bern (8/2026)

BID-5

City of New Bern | RFB Streets 27-01 Page 22 of 80

Notice of Award

Dated: ____________________

Project: GO BOND PAVING, FY-27 W3 P1

Owner: CITY OF NEW BERN Owner's Contract No.: RFB Streets 27-01

Contract: FY 2027

Bidder: ______________________________________________

Bidder's Address: _____________________________________

You are notified that your Bid dated __________________ for the above Contract has been considered. You are the Successful Bidder and are awarded a Contract for the GO BOND PAVING, FY-27 W3 P1.

The Contract Price of your Contract is: ________________________________________________.

Two copies of each of the proposed Contract Documents (except Drawings) accompany this Notice of Award.

You must comply with the following conditions precedent within 10 days of the date you receive this Notice of Award.

1. Deliver to the Owner two fully executed counterparts of the Contract Documents.

2. Deliver with the executed Contract…

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