North Main Athletic Complex Parking Lot Rehabilitation Project.pdf

INVITATION TO BID

ITB# 27-26001 CONSTRUCTION SERVICES

FOR THE

TOWN OF HOLLY SPRINGS

NORTH MAIN ATHLETIC COMPLEX

PARKING LOT REHABILITATION PROJECT

TOHS PROJECT NO. 26-001

July 2026

MAYOR: MIKE KONDRATICK

TOWN CLERK: LINDA MCKINNEY

TOWN MANAGER: RANDY HARRINGTON

ASST. TOWN MANAGER: DANIEL WEEKS

ASST. TOWN MANAGER: J. SCOTT CHASE

EXEC. DIR. OF U&I DEPT.: KENDRA D PARRISH, P.E. CFM

ASST. DIR. TRANSPORATION: CARRIE MITCHELL, P.E. CFM

MANAGER - ENGINEERING: MICHAEL LEONAS

ENGINEER III, U&I DEPT.: DIRK SIEBENBRODT, P.E.

ENGINEER OF RECORD: JACQUELINE THOMPSON, P.E.

BOLTON & MENK

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Project No. 26-001 00100-1 Town of Holly Springs

North Main Athletic Complex Parking Lot Rehabilitation

SECTION 00100

CERTIFICATION

I HEREBY CERTIFY THAT THE SPECIFICATIONS CONTAINED HEREIN AND THE

ACCOMPANYING PLANS WERE PREPARED BY ME OR UNDER MY DIRECT

SUPERVISION.

SIGNED, SEALED, AND DATED THIS DAY OF , 2026.

SEAL

BY

Jacqueline Thompson, PE

Project Name: Town of Holly Springs North Main Athletic Complex Parking Lot Rehabilitation

Project No.: 26-001

29th June

Project No. 26-001 00150-1 Town of Holly Springs

SECTION 00150

TABLE OF CONTENTS

GENERAL REQUIREMENTS

Section 00100 CERTIFICATION 00100-1

Section 00150 TABLE OF CONTENTS 00150-1

Section 00200 INVITATION TO BID 00200-1 – 00200-2

Section 00250 INSTRUCTIONS TO BIDDERS 00250-1 – 00250-5

Section 00300 BID PROPOSAL 00300-1 – 00300-21

Section 00500 AGREEMENT (CONTRACT) 00500-1 – 00500-18

Section 00510 ITEMIZED BID PROPOSAL 00510-1 – 00510-2

Section 00700 STANDARD GENERAL AND SPECIAL CONDITIONS 00700-1 – 00700-62

Section

Section

00900

00905

APPLICATIONS FOR PROGRESS PAYMENT FORMS

DISADVANTAGED BUSINESS ENTERPRISES SPECIAL

PROVISION

00900-1 – 00900-15

00905-1 – 00905-15

Section 00910 CERTIFICATE OF TOWN ATTORNEY & FINANCE

OFFICER

00910-1 – 00910-2

E-VERIFY AFFIDAVIT

TECHNICAL SPECIFICATIONS

Section 01000 DEFINITIONS, ABBREVIATIONS AND REFERENCE

STANDARDS

01000-1 – 01000-5

Section 02000 SUBMITTALS 02000-1 – 02000-3

Section 04000 EARTHWORK 04000-1 – 04000-5

Section 05000 ASPHALT CONCRETE 05000-1 – 05000-10

Section 06000 CAST IN PLACE CONCRETE 06000-1 – 06000-5

Section 07000 PIPE TRENCHES 07000-1 – 07000-2

Section 09000 STORM DRAINAGE 09000-1 – 09000-2

Section 16000 SOIL EROSION AND SEDIMENTATION CONTROL 16000-1 – 16000-4

Section 17000 ENGINEERING FABRIC 17000-1 – 17000-2

Section 18000 PAVEMENT MARKINGS 18000-1

Section 20000 CONSTRUCTION TRAFFIC CONTROL 20000-1 – 20000-3

Section 40000 SPECIAL CONSTRUCTION 40000-1 – 40000-5

Section 41000 APPENDIX 41000-1

Project No. 26-001 00200-2 Town of Holly Springs

SECTION 0200

INVITATION TO BID

TOWN OF HOLLY SPRINGS

Holly Springs, North Carolina

Sealed bids in response to the ITB# 27-26001 Construction Services for the Town of Holly Springs

North Main Athletic Complex Parking Lot Rehabilitation will be received by the Town of Holly

Springs until July 22, 2026 at 2:00 PM and thereafter immediately opened and read publicly in the

Town of Holly Springs Town Council Chambers, located on the 2nd floor in the Town of Holly

Springs Town Hall building, 128 South Main Street, Holly Springs, NC 27540.

The project is generally described as follows:

The work for the North Main Athletic Complex Parking Lot Rehabilitation Project includes pavement repair and resurfacing, including full-depth reclamation, concrete pedestrian ramp removal and replacement, utility adjustments, installation of a French drain system and pavement markings for the east section of the North Main Athletic Complex parking lot. An environmental and dust control plan will be required as part of the project due to the adjacent recreational facilities and equipment.

Plans, Specifications, and Contract documents are posted on the Town’s website at https://www.hollyspringsnc.gov/2456/Bids-Requests-for-Proposals.

Plan holders are responsible for signing up for “Construction Bids” notifications at www.hollyspringsnc.us/bids.aspx for further project notifications/addenda.

The project will be funded by public funds from a Wake County Capital Funding Grant and the Town of Holly Springs, therefore; bidding, contract award and bonding requirements shall conform to N.C

Statutes for public facilities construction. Minority firms are encouraged to submit proposals.

Award will be made to the lowest, responsive, responsible bidder unless all bids are rejected. The

Town of Holly Springs reserves the right to reject any or all bids.

Contractors offering a proposal on this project must be licensed to do the specified type of contracting in the State of North Carolina. The use of any sub-contractor on this project must be approved by the

Engineer. Any bidder that is currently in litigation with the Town will be disqualified from bidding.

A non-mandatory pre-bid meeting for explanation of the project requirements will be conducted at

2:00 PM on July 8, 2026 via a virtual Microsoft Teams meeting, please see the information below:

North Main Athletic Complex Parking Lot Rehabilitation – Virtual Pre-Bid Meeting

Microsoft Teams Meeting

Join: https://teams.microsoft.com/meet/274735980538733?p=PMaBaqtUMsc0NV5zjG

Meeting ID: 274 735 980 538 733

Passcode: Y6sB2Ej6

Respondents shall submit all questions via email to the contacts listed below. When submitting questions, please reference the solicitation name and number, as well as the page and section, if applicable. The deadline to submit questions is July 13, 2026 at 2:00 PM.

https://www.hollyspringsnc.gov/2456/Bids-Requests-for-Proposals http://www.hollyspringsnc.us/bids.aspx https://teams.microsoft.com/meet/274735980538733?p=PMaBaqtUMsc0NV5zjG

Project No. 26-001 00200-2 Town of Holly Springs

Jacqueline Thompson

Jacqueline.thompson@bolton-menk.com

CC:

Dirk Siebenbrodt, PE, Engineer III

Dirk.siebenbrodt@hollyspringsnc.gov

CC:

Michael Leonas, Manager Engineering U&I

Michael.leonas@hollyspringsnc.gov

Questions submitted after the July 13, 2026 deadline might not be responded to. It is highly encouraged to attend the pre-bid meeting with any questions. Responses to question submissions will be posted via an addenda on the Town of Holly Springs website at the following hyperlink:

It is suggested that you sign up for email updates at the bottom of this page to ensure you receive all relevant information, as it is posted. It is the respondent’s responsibility to ensure they have received, reviewed, and understood all posted addenda.

The TOWN OF HOLLY SPRINGS reserves the right to waive any informality, to reject any and all

BIDS, and to award a contract which, in its judgment, is in the best interest of the Town of Holly

Springs.

The BIDDER to whom a contract may be awarded shall fully comply with the requirements of all

North Carolina General Statutes governing the practice of general contracting and the procedures for letting of public contracts.

All bids shall include the entire contract document bound as it was presented for bid, with applicable bidding information filled out. Do not remove sections and resubmit. Each proposal shall be accompanied by a certified check or bid bond in the amount of not less than five percent (5%) of the amount of the total of the itemized bid in the form and subject to the conditions provided in the

Instruction to Bidders.

Withdrawal of bid: A formal bid can be withdrawn without penalty (meaning the bid deposit is not forfeited) at any time before the bid opening. However, after bids have been opened, a bidder can withdraw his bid without penalty only if the bid price was based on a substantial error or omission that was clerical (not a judgment error), and the bid was submitted in good faith. The bidder must submit a written request to withdraw the bid within 72 hours after the bid opening. The Town will review the request to withdraw and issue a written decision within 5 days. Any bidder who withdraws may not rebid on the project or provide materials, equipment, or labor to a contractor or subcontractor performing on the contract from which the bidder withdrew without the written permission of the

Town; a violation of this prohibition is a Class 1 misdemeanor.

The project will begin on or about September 21, 2026 and the substantial completion date is

November 20, 2026. Construction is permitted from 7 AM to 6 PM on weekdays. Work can occur on

Saturday between 8 AM to 6 PM with approval on or before Wednesday the week before. A pre-construction meeting is to be held within 14 days of project start.

Kendra D. Parrish, PE, CFM

Executive Director of Utilities and Infrastructure mailto:Jacqueline.thompson@bolton-menk.com mailto:Dirk.siebenbrodt@hollyspringsnc.gov mailto:Michael.leonas@hollyspringsnc.gov

Project No: 26-001 00250- 1 Town of Holly Springs

SECTION 00250

INSTRUCTIONS TO BIDDERS

Each proposal shall be submitted in a sealed envelope on the printed form, or exact copies thereof, contained in the Contract Documents. These proposals shall be plainly marked:

“ITB# 27-26001 Construction Services for the Town of Holly Springs North Main Athletic

Complex Parking Lot Rehabilitation Project”

The envelope shall also be marked with the Bidder’s name, address, North Carolina contractor license number, and name and phone number of a contact person. All bids shall include the entire contract document bound as it was presented for bid, with applicable bidding information filled out. Do not remove section and resubmit.

If mailed or delivered, the envelope shall show the date and time of the Bid Opening in order to guard against premature opening of the Bid. Addresses for Delivery of Bids:

US Postal Service Delivery

Attn: Brettany DeVolld

Town of Holly Springs

Finance Department

P.O. Box 8

Holly Springs, NC 27540

Attn: Brettany DeVolld

Town of Holly Springs

Finance Department

Holly Springs, NC 27540

Bids submitted by facsimile shall not be accepted.

The Owner may consider non-responsive any Bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all Bids.

Each proposal shall be accompanied by a Bid Bond payable to the Town of Holly; or in lieu of the

Bid Bond, the bidder may offer a certified check. The Bids and bidder's bond or checks of all bidders may be held for a period of ninety (90) days pending award of the contract. Notification of award of contract shall be evidence of intent to contract and shall extend time for holding the contractor's bid surety for a time mutually agreed between the Town of Holly Springs and the bidder.

Each proposal is required to have a page providing references to include the company name, address, phone number, e-mail and contact name and position and the type of work completed.

Project No: 26-001 00250- 2 Town of Holly Springs

AWARDING CONTRACT

“The Town of Holly Springs, in accordance with the provisions of Title VI of the Civil Rights Act of

1964 (78 Stat. 252) and the Regulations of the Department of Transportation (49 C.F.R., Part 21), issued pursuant to such act, hereby notifies all bidders that it will affirmatively insure that the contract entered into pursuant to this advertisement will be awarded to the lowest responsible bidder without discrimination on the ground of race, color, or national origin”.

Award will be made to the lowest responsible and responsive Bidder for each Contract as soon as practicable, provided that in the selection of equipment or materials, a Contract may be awarded to a responsible Bidder other than the lowest in the interest of standardization or if ultimate economy is clearly evident.

Evaluation of Bids

1. All spaces for lump sum and unit prices in the Bid Form shall be filled in with a number.

Spaces left blank will be evaluated as zero ($0.00).

2. Discrepancies between the multiplication of units of Work and Unit Prices will be resolved in favor of the Unit Prices.

3. Discrepancies between the indicated sum of any column of figures and the correct sum thereof will be resolved in favor of the correct sum.

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

The award of the Contract, if it is awarded, will be to the lowest responsive, responsible bidder on the base bid whose qualifications indicate the award will be in the best interest of the Town of Holly

Springs. The Town of Holly Springs reserves the right to waive technicalities and/or reject any or all bids.

The Owner will not consider any bid or award of Contract to any person, firm, or corporation who has defaulted in any obligation to the Owner or who, in the opinion of the Owner, failed to perform their work satisfactorily, either as to character or time.

Any bidder that is currently in litigation with the town will be disqualified from bidding.

A conditioned or qualified bid will not be accepted.

Requirements for the submittal information will vary based on the complexity and importance of the product to the project as a whole. Submittals should be prepared in a concise and straightforward manner. Submittals shall clearly identify variances from the specifications. Products that clearly do not meet the requirements of the specifications and plans should not be submitted. Unless noted, products shall be the manufacturer's standard offering, with standard options.

Incomplete submittals, or submittals received after the deadline, shall not be considered.

Pre-approval of materials or equipment does not, in any manner, preclude the manufacturer from meeting the full requirements of the specifications, including any performance guarantees required, unless specific exceptions are noted in the pre-approval.

No Post-Bid substitutions shall be permitted except as herein provided.

A Performance Bond and a Payment Bond, each in the amount of one hundred percent (100%) of the contract price, with a corporate surety approved by the Town of Holly Springs, will be required for

Project No: 26-001 00250- 3 Town of Holly Springs the faithful performance of the contract. Bidders shall provide certification that performance and payment bond sureties are licensed in North Carolina.

Minority Business participation must be documented and submitted with bids, please see Section

00905 in the contract documents for further direction.

Project No: 26-001 00250- 4 Town of Holly Springs

REFERENCE SHEET

(To be filled out with each submittal package)

Company

Name

Address Phone E-mail Contact person

Name

Contact

Person

Position

Type of

Work

Completed

ADDITIONAL INSTRUCTIONS

All bids shall be prepared and submitted in accordance with the following requirements.

Failure to comply with any requirement shall cause the bid to be considered irregular and shall be grounds for rejection of the bid.

1. The bid form furnished by Town of Holly Springs with the proposal shall be used and shall not be altered in any manner.

2. All entries on the bid form, including signatures, shall be written in ink.

3. The Bidder shall submit a unit price for every item on the bid form. The unit prices for the various contract items shall be written in figures. ***Unit prices must be limited to TWO decimal places.***

4. An amount bid shall be entered on the bid form for every item. The amount bid for each item shall be determined by multiplying each unit bid by the quantity for that item, and shall be written in figures in the "Amount Bid" column of the form.

5. The total amount bid shall be written in figures in the proper place on the bid form. The total amount shall be determined by adding the amounts bid for each item.

6. Changes in any entry shall be made by marking through the entry in ink and making the correct entry adjacent thereto in ink. A representative of the Bidder shall initial the change in ink. Do not use

“White Out” or similar product to make corrections.

7. The bid shall be properly executed. All bids shall show the following information:

a. Name of individual, firm, corporation, partnership, or joint venture submitting bid.

b. Name of individual or representative submitting bid and position or title.

c. Name, signature, and position or title of witness.

d. Federal Identification Number

e. Contractor's License Number (If available)

8. Bids submitted by corporations shall bear the seal of the corporation.

Project No: 26-001 00250- 5 Town of Holly Springs

9. The bid shall not contain any unauthorized additions, deletions, or conditional bids.

10. The bidder shall not add any provision reserving the right to accept or reject an award, or to enter into a contract pursuant to an award.

END OF SECTION 00250

Project No. 26-001 00300-1 Town of Holly Springs

SECTION 00300

BID PROPOSAL

TO: THE TOWN OF HOLLY SPRINGS, NORTH CAROLINA (“Owner”)

FROM: “BIDDER”

ADDRESS

DATE OF BID , 20

The Bidder hereby signifies that it is his/her/its intention and purpose to enter into a formal Contract with the Town of HOLLY SPRINGS, North Carolina, to furnish all labor, materials, tools, equipment, apparatus, supplies, and the like required, and to do all the work necessary, for and because of the construction, erection, and/or installation of the proposed “Project”:

Town of Holly Springs North Main Athletic Complex Parking Lot Rehabilitation

Town of Holly Springs Project 26-001 for the Town of HOLLY SPRINGS, North Carolina in accordance with the Contract Documents, including Addenda thereto.** There is deposited, herewith, a certified check in the amount of (must be dollar amount): ____________________________________________ Dollars ($_____________), or a

Bid Bond, made payable to the Owner, the same to be refunded to the Bidder under the conditions of and in accordance with the terms of this Proposal, which are as follows:

THAT: The Bidder has carefully examined the Plans and Specifications and all other Contract

Documents and fully understands them.

THAT: The Bidder has 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 Bidder shall provide all necessary tools, machinery, equipment, apparatus, and all other means necessary to do all the work and shall 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 the Contract and in accordance with the true intent and meaning thereof, and in accordance with the Plans and/or Drawings and the requirements of the Consulting Engineers under them, in a first class manner.

** Fill in appropriate Addenda number(s): Addendum # Dated

Addendum # Dated

Addendum # Dated

THAT: The rights of the Owner and the recommendations of the Consulting Engineers shall not be questioned in the Award of the Contract.

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

Project No. 26-001 00300-2 Town of Holly Springs

THAT: The Owner reserves the right to reject any or all proposals.

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

THAT: On being awarded the Contract, the Bidder shall execute a Performance Bond and a Payment

Bond, on the forms included herein, each equal to one hundred percent (100%) of the Awarded Contract

Price (Contract Sum), as security for the faithful performance of the Contract.

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

THAT: The Bidder 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 Owner, the certified check, in the amount of (must be dollar amount): _____________________________________________________ Dollars

($_____________) or the Bid Bond, as applicable, deposited herewith shall be returned to the Bidder.

THAT: Should this Proposal be accepted by the Owner and the Bidder fail or neglect to execute the

Contract and furnish the required Bonds within fifteen (15) days after receiving notifications of the acceptance of the Proposal and/or receipt of the formal Contract and Bond forms, the certified check, in the amount of (must be dollar amount): ______________________________

Dollars ($__________________________), or the Bid Bond, deposited herewith shall be retained by the

Owner as liquidated damages, it being understood that the Owner reserves the right to extend the time allowed for executing the Contract and/or furnishing the Bond in its sole discretion.

THAT: The Bidder shall complete such Contract as may be entered into within the number of consecutive calendar days specified in the Contract from the date of the Notice to Proceed.

THAT: The Bidder proposes to enter into a Contract in accordance with this Proposal, the Plans and

Specifications and the Contract Documents included herein, for the prices shown on the following pages.

THAT: The Bidder shall be required to submit a complete detailed itemized unit cost breakdown of the

Bid Items on the Itemized Bid Proposal form in Section 00510 along with a computed Lump Sum Bid

Price amount with this proposal.

THAT: It is the intent of these Contract Documents to obtain a Contract based on Unit Prices with project awarded based upon the lowest qualified total bid based upon unit prices applied to the estimated quantities. Where a discrepancy exists between words and numbers in the Bid amount, the written words shall govern. Where a discrepancy exists between unit prices and mathematical computations in the

Itemized Proposal, the unit prices and quantities in the Itemized Proposal shall govern.

THAT: The successful bidder shall have all proper Bidder licenses and privilege licenses required under

North Carolina state laws governing their respective trade(s).

THAT: Notice to Proceed and project available shall occur within 60 days of award of contract by the

Town Council.

Project No. 26-001 00300-3 Town of Holly Springs

BID PROPOSAL

GENERAL CONSTRUCTION

FOR THE

Town of Holly Springs Project 26-001

(the “Project”)

ITEMIZED PROPOSAL

The attached itemized list of work items and materials shall be made a part of this contract along with the completed price per unit of work item. The itemized bid proposal shall consist of the full completion of this list supplemented with any work item the contractor deems necessary to complete the project.

TOTAL “BID” PRICE for the construction of the Project complete as indicated by the Contract

Documents (in words and figures):

__________________________________________________________________Dollars and __________________________Cents ($________________________)

Bidder_____________________________________

(Print)

NOTE: PROPOSAL SIGNATURE REQUIRED ON PAGE 00300-6. ALL PROPOSALS MUST BE

PROPERLY EXECUTED TO BE CONSIDERED A VALID BID.

Project No. 26-001 00300-4 Town of Holly Springs

CERTIFIED LIST OF EQUIPMENT/MATERIAL MANUFACTURERS

The Bidder, as part of the procedure for the submission of Bids on the Project, submits the following list of Equipment/Materials Manufacturers to be used in the performance of work to be done on said Project.

The list of Manufacturers and all equipment/materials furnished shall be based on requirements of the

Contract Documents. Changes to this list after the Bid opening shall only be as approved by the Owner upon request by the Bidder or as required by the Owner based upon review of Bidder’s submittals:

EQUIPMENT/MATERIALS MANUFACTURER

It is understood and agreed that, if awarded a Contract, the Bidder shall not make any additions, deletions or substitutions to this certified list without the consent of the Owner. Failure to identify a manufacturer for any or all of the items listed shall constitute an entry of one of the manufacturers listed in its respective technical specification.

Project No. 26-001 00300-5 Town of Holly Springs

CERTIFICATION AFFIDAVIT

THE ABOVE INFORMATION IS TRUE AND COMPLETE TO THE BEST OF MY KNOWLEDGE

AND BELIEF. I FURTHER UNDERSTAND AND AGREE THAT, IF AWARDED A CONTRACT,

THIS CERTIFICATION SHALL BE ATTACHED THERETO AND BECOME A PART THEREOF.

[If Bidder is not an individual, enter entity name here]

By:

(Signature)

NAME OF SIGNER:

(Please Print or Type)

TITLE OF SIGNER:________________________________

DATE:

Project No. 26-001 00300-6 Town of Holly Springs

BID SECURITY:

Accompanying this Proposal is a (1)__________________________________ in the amount of

(2)____________________________________________________________________ Dollars

NOTE: (1) Insert the words “bank draft,” “certified check,” “bid bond”, “cash”, or “cashiers check”, as the case may be.

(2) Amount must be equal to at least five percent (5%) of the total Bid.

BIDDER’S LICENSE:

The Bidder certifies that (he/she/it) is licensed as a Bidder under the specific North Carolina state law regulating his/her/its particular trade and that the number of the license under which he/she/it now operates is_________________________________________.

BIDDER’S CERTIFICATION AS TO ORGANIZATION AND AUTHORITY:

The Bidder certifies that the Affidavit of Organization and Authority, like the other documents attached hereto, form an integral part of the Proposal, and the Bidder acknowledges that the Owner will rely on the information provided therein in reviewing the Proposal and awarding a Contract.

LIQUIDATED DAMAGES:

The Bidder agrees, further, that the Owner may retain those amounts indicated in the Contract from the amount of compensation due the Bidder, under the terms of the Contract, for each and every day that the work remains incomplete and/or unsatisfactory beyond the completion date(s) specified in the Notice to

Proceed. This amount is agreed upon as the proper measure of liquidated damages the Owner will sustain, per day, by the failure of the Bidder to complete the work within the stipulated time, and it is not to be construed in any sense as a penalty.

The Bidder shall not have or bring a claim against the Owner, or raise as a defense against the imposition of liquidated damages, other construction purportedly impeding Bidder’s progress or timely project completion.

Project No. 26-001 00300-7 Town of Holly Springs

(SIGNATURE PAGE)

Dated , 20 .

(SEAL)

Bidder—Legal Entity

By: (SEAL)

(SIGN HERE)

SEAL-if corporation

Printed Name

Address

Telephone No.

Subscribed and sworn to before me this day of , 20

Notary Public

My Commission Expires:

Project No. 26-001 00300-8 Town of Holly Springs

BID BOND

This is a Bid Bond that is subject to the provisions of Article 3 of Chapter 44A of the North Carolina

General statutes.

This Bid Bond is executed on , 20 .

The name of the PRINCIPAL is (1)

(2)

The name of the SURETY is

The TOWN OF HOLLY SPRINGS, NORTH CAROLINA is the OWNER.

The amount of the Bond is

____________________________________________ (Dollars) ($ )

KNOW BY 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 OWNER 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 OWNER a certain Bid Proposal, attached hereto and hereby made a part hereof to enter into a Contract in writing, for the construction of:

Town of Holly Springs North Main Athletic Complex Parking Lot Rehabilitation project as described by a document entitled “Project Manual for Town of Holly Springs North Main Athletic Complex Parking

Lot Rehabilitation, Project No. 26-001 dated, July 2026 by the Town of Holly Springs.

NOW, THEREFORE

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

(b) If said Bid Proposal 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

Proposal) and shall furnish a bond for his 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

Proposal, then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed 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.

Project No. 26-001 00300-9 Town of Holly Springs

The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its Bid

Bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid Proposal; 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)

(Address)

Witness as to Principal

Surety

N. C. Resident Agent By:

(4)

(Name)

(Phone Number)

Witness as to Surety

(1) Insert the correct name of Principal.

(2) Insert whether the Principal is a corporation, a partnership, a limited liability company or an individual.

(3) If Principal is a partnership, all partners should execute the Bid Bond. If Bidder is a limited liability company, all managers (or all members, if the company is member-managed) should execute the Bond.

(4) Provide contact name, address and phone number for bid bond surety.

Project No. 26-001 00300-10 Town of Holly Springs

POWER OF ATTORNEY

(Attach)

Project No. 26-001 00300-11 Town of Holly Springs

BIDDER’S CERTIFICATES

AFFIDAVIT OF ORGANIZATION AND AUTHORITY

SWORN STATEMENT

STATE OF ________________________________________)

COUNTY OF _______________________________________)

_________________________________________________________ being first duly sworn on oath deposes and says that the Bidder on the attached Bid Proposal is organized as indicated below and that all statements herein made are made on behalf of such Bidder and that this deponent is authorized to make them.

(Fill Out Applicable Paragraph)

CORPORATION:

The Bidder is a corporation organized and existing under the laws of the State of

__________________________, it operates under the legal name of

____________________________________________________, and the full names of its officers are as follows:

President

Secretary

Treasurer

Manager and it does have a corporate seal. The is/are 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 phrase if not applicable.)

PARTNERSHIP:

The Bidder is a [limited/general] partnership consisting of individual/corporate partners as follows:

General Partners Limited Partners

The partnership does business under the name of :

LIMITED LIABILITY COMPANY:

The bidder is a [member-managed/manager-managed] limited liability company consisting of the following individual/corporate members/managers:

Managers Members

Project No. 26-001 00300-12 Town of Holly Springs

INDIVIDUAL:

The Bidder is an individual whose full name is:

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

The business address of the Bidder is:

Its phone number is:

The contact person for this Proposal is:

Bidder

Subscribed and sworn to before me this day of , 20 .

Notary Public County

Project No. 26-001 00300-13 Town of Holly Springs

EQUAL EMPLOYMENT OPPORTUNITY ADDENDUM

During the performance of the Contract the Bidder agrees as follows:

a. The Bidder shall not discriminate against any employee or applicant because of race, color, religion, sex, or national origin. The Bidder shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, or national origin. Such action shall include but not be limited to the following: employment, upgrading, demotion, or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Bidder agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the nondiscrimination clause.

b. The Bidder shall, in all solicitations or advertisements for employees placed by or on behalf of the Bidder, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, or national origin.

c. The Bidder shall send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract understanding, a notice, to be provided, advising the labor union or worker’s representative of the Bidder’s commitments under the

Equal Employment Opportunity Section of the Contract, and shall post copies of the notice in conspicuous places available to employees and applicants for employment.

d. In the event of the Bidder’s noncompliance with the nondiscrimination clauses of the Contract or with any of such rules, regulations, or orders, the Contract may be canceled, terminated, or suspended in whole or in part and the Bidder may be declared ineligible for further OWNER contracts.

e. The Bidder will include the provisions of this Addendum in every subcontract or purchase order unless exempted by rules, regulations, or orders of the OWNER so that such provisions will be binding upon each Subcontractor or vendor.

Project No. 26-001 00300-14 Town of Holly Springs

(Use the following form for execution by a CORPORATION):

Corporate Name

BY:

(Assistant) Secretary (Vice) President

(CORPORATE SEAL)

(Use the following form for execution by a PARTNERSHIP):

Partnership Name

BY: (SEAL)

General Partner

(Use the following form for execution by a LIMITED LIABILITY COMPANY):

Company Name

Manager/Member

(Use the following form for execution by an INDIVIDUAL):

WITNESS:

Project No. 26-001 00300-15 Town of Holly Springs

QUALIFICATIONS OF BIDDERS

In order to assist the Owner in determining whether the Bidder is qualified to perform the Work, as set forth in the Contract Documents, the Bidder shall furnish the following information.

1. List of references who are qualified to judge as to his financial responsibility and his experience in work of similar nature to that bid upon:

2. List of previous contracting experience, including dollar values of contracts:

3. List of facilities or equipment that is available for use:

4. Name, residence, and title of the individual who will give personal attention to the work:

5. Financial Statement:

ASSETS

CURRENT ASSETS:

Cash $________

Notes and Accounts Receivable ________

Inventories ________

PLANT ASSETS:

Real Estate $________

Machinery ________

Good Will, Patents, etc. ________ $ ________

Total Assets

Project No. 26-001 00300-16 Town of Holly Springs

LIABILITIES

Notes Payable $________

Accounts Payable ________

Accrued Wages ________

Other Liabilities ________ $ ________

Total Liabilities

EXCESS OF

ASSETS OR

NET WORTH $ ________

6. List all pending claims or lawsuits, and any lawsuit within the last 10 years, filed by or against the Bidder, and describe the resolution of each claim or lawsuit:

Claim Date of Claim Resolution, if any

The existence of unresolved claims against Bidder may disqualify the Bidder from making a Bid Proposal and entering into a Contract.

Notes:

A. The above is a suggested form for the Financial Statement, but the Bidder is not required to follow the form explicitly. The Financial Statement submitted must clearly show to the satisfaction of the

Owner the Bidder’s current financial condition. The Owner reserves the privilege of requiring additional information as to financial responsibility of the Bidder prior to awarding Contract.

B. Bidder shall attach additional pages, if necessary, in order to complete the required information.

C. The Bidder shall submit detailed information required for above items 1 through 4 with his Bid

Proposal package and, at the discretion of the Bidder, the information required under Item 5 may be furnished after Bid Proposals are received if required by the Owner and Engineer to evaluate the financial qualifications of a prospective Bidder.

Project No. 26-001 00300-17 Town of Holly Springs

AFFIDAVIT OF

STATEMENT OF NON-COLLUSIVE

State of )

) ss.

County of )

_______________________________________________________being first duly sworn, deposes and says that:

(1) He/she is the

(Owner, Partner, Officer, Representative or Agent) of __________________________________________________, the BIDDER that has submitted the attached BID PROPOSAL;

(2) He is fully informed respecting the preparation and contents of the attached BID PROPOSAL and of all pertinent circumstances respecting such BID PROPOSAL;

(3) Such BID PROPOSAL is genuine and is not a collusive or sham BID PROPOSAL;

(4) Neither the said BIDDER nor any of its officers, partners, owners, agents, representatives, employees or parties in interest, including this affiant, have in any way colluded, conspired, connived or agreed, directly or indirectly, with any other BIDDER, firm, or person to submit a collusive or sham BID PROPOSAL in connection with the Contract for which the attached BID

PROPOSAL has been submitted; or to refrain from bidding in connection with such Contract; or have in any manner, directly or indirectly, sought by agreement or collusion, or communication, or conference with any BIDDER, firm, or person to fix the price or prices in the attached BID

PROPOSAL or of any other BIDDER, or to fix any overhead, profit, or cost elements of the BID

PROPOSAL price or the BID PROPOSAL price of any other BIDDER, or to secure through any collusion, conspiracy, connivance, or unlawful agreement any advantage against The Town of

HOLLY SPRINGS, or any person interested in the proposed Contract;

(5) The price or prices quoted in the attached BID are fair and proper and are not tainted by any collusion, conspiracy, connivance, or unlawful agreement on the part of the BIDDER or any other of its agents, representatives, owners, employees or parties in interest, including this affidavit.

BIDDER

BY

ITS

(Title)

My commission expires

END OF AFFIDAVIT

Project No. 26-001 00300-18 Town of Holly Springs

NONDISCRIMINATION CLAUSE

It is specifically agreed as part of the consideration of the signing of this Bid Proposal, and the resulting execution of a Contract, that the parties hereto, their agents, officials, employees or servants shall not discriminate in any manner on the basis of age, handicap, race, color, creed, gender, religious affiliation, or national origin with reference to the subject matter of the Contract, no matter how remote.

This provision, being incorporated for the benefit of the Town of HOLLY SPRINGS and its residents, may be enforced as set out in the ordinances of the Town of HOLLY SPRINGS, enforcement of this provision shall be by action for specific performance, injunctive relief, or other remedy as by law provided.

This provision shall be binding on the successors and assigns of the parties hereto with reference to the subject matter of the Contract.

(Use the following form for signatures by a CORPORATION):

Corporate Name

BY:

(Assistant) Secretary (Vice) President

(Printed Name) (Printed Name)

(Corporate Seal)

(Use the following form for signatures by a PARTNERSHIP):

WITNESS Partnership Name

(Printed Name) General Partner

Project No. 26-001 00300-19 Town of Holly Springs

(Use the following form for signatures by a LIMITED LIABILITY COMPANY):

WITNESS Company Name

(Printed Name) Manager/Member

(Use the following form for signatures by an INDIVIDUAL):

(Printed Name)

WITNESS

(Printed Name)

Project No. 26-001 00300-20 Town of Holly Springs

NOTICE OF AWARD

TO: CONTRACTOR/BIDDER:

ADDRESS:

FROM:

OWNER: Town of HOLLY SPRINGS

Engineering Department

HOLLY SPRINGS, North Carolina

PROJECT:

Project No. 26-001

You are hereby notified that the Owner has considered the Bid Proposal submitted by you for the above-described project in response to its Notice to Bidders dated .

It appears that it is to the best interest of said Owner to accept your Bid Proposal in the amount of:

Dollars ($ ). You are therefore hereby notified that your Bid Proposal has been accepted for

The Bidder is required by as a condition of its Award of the Contract to execute and deliver the formal

Contract with the Owner and to furnish the required Bidder’s Performance and Payment Bonds within fifteen (15) days from the date of the delivery of this Notice to you.

If you fail to execute said Contract and to furnish said Bonds within fifteen (15) days from the date of delivery of this Notice, said Owner will be entitled to consider all your rights arising out of the Owner’s acceptance of your Bid Proposal as abandoned and to award the work covered by your Bid Proposal to another bidder, or to readvertise the work or otherwise dispose thereof as the Owner may see fit.

Dated this ___________day of ____________________________________, 20____.

Town of HOLLY SPRINGS, North Carolina

Title:

Project No. 26-001 00300-21 Town of Holly Springs

ACCEPTANCE OF NOTICE

Receipt of the above Notice of Award is hereby acknowledged this _________day of

_________________________________, 20_____.

Bidder

END OF SECTION 00300

Project No. 26-001 00500-1 Town of Holly Springs

SECTION 00500

AGREEMENT (CONTRACT)

INSTRUCTIONS TO CONTRACTORS AND

REQUIREMENTS AS TO FORM FOR TOWN OF HOLLY SPRINGS, NC AGREEMENTS

DO NOT REMOVE FROM AGREEMENT

Please observe the following in executing the attached Agreement:

1. The Owner may contract with four types of legal entities.

(a) If the Agreement is with an individual, that individual should sign the Agreement exactly as his/her name is set out. If the Agreement is with an individually-owned business, the

Agreement should be with the individual owner, and not the named business.

(b) Execution on behalf of a corporation should be by the president or a vice president, attested by the corporate secretary, with the corporate seal affixed. An official other than president or vice president should attach documentation of his/her authority to execute and bind the corporation.

(c) If the Agreement is with a partnership, all general partners of the partnership should execute the Agreement unless an authorized partner is designated to execute, in which case documentation of such authorization should be attached.

(d) If the Agreement is with a limited liability company, all managers of the limited liability company should execute the Agreement. If the limited liability company is member-managed, all members should sign the Agreement. If only certain manager(s) or member(s) of the limited liability company are authorized to execute the Agreement, documentation of such authorization should be attached.

2. After signing the Agreement, the appropriate notary’s acknowledgement, in the individual, corporate or partnership form should be completed.

3. The Performance Bond and Payment Bond should be attached to the Agreement package. They should be signed by the Contractor, and its signature should be acknowledged with the appropriate acknowledgement form. Next, the Bonds, in approved form, must be signed by the authorized agent of the Surety Company issuing the Bonds, and an executed Power of Attorney document authorizing the agent to sign must accompany the Bond Documents.

4. The Agreement and Bonds should not be dated, except by the last person executing the Agreement, normally the Town Clerk.

5. The Bid Form and all other documents submitted with the Bid shall be included with the Agreement.

6. Bid Proposal: Complete the Acceptance of Notice section on the last page of this document.

7. Page 00500-3: Fill in the Contractor name and address.

8. Pages 00500-6 through 00500-9: Choose the appropriate signature page and complete it in its entirety.

Project No. 26-001 00500-2 Town of Holly Springs

9. Pages 00500-10 through 00500-15: Complete in their entirety.

10. Page 00500-17: Certificate of Insurance. The General Conditions of the Contract, as modified by the Supplementary Conditions and the Special Conditions, require the Certificate of Insurance to include the Indemnification Agreement on the reverse side of the Certificate. All parties required to be named as additional insured parties by the Contract Documents in connection with the attached

Agreement shall be named on the Certificate of Insurance for each policy.

11. Most Certificates of Insurance state under the cancellation clause that “the issuing company will endeavor to mail 30 days written notice to the ...” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the Company, its agents or representatives”. If your certificate states this, the words “endeavor to” and “but failure to mail such notice shall impose no obligation or liability of any kind upon the Company, its agents or representatives” must be stricken in order to comply with the Contract Documents.

12. Four copies of the Agreement are sent to the Contractor. The original and duplicates should be signed and returned to the Engineer or Architect for signature by the Owner, after which one duplicate will be returned to the Contractor and one copy will be sent to the Contractor’s Bonding

Company(ies).

13. Failure to fully complete all four sets of the Agreement will cause delays in the approval by the

Owner and therefore delay the issuance of the Notice to Proceed.

Project No. 26-001 00500-3 Town of Holly Springs

AGREEMENT

This Agreement (the “Agreement”) is made this ___ day of________________, in the year 20___, by and between the Town of Holly Springs, North Carolina, (the “Owner”) and

________________________________ of ______________________________________________, (the

“Contractor”).

WITNESSETH

THAT, WHEREAS, an Award of Contract (the “Award”) for:

Project No. 26-001 as prepared by the Town of Holly Springs. (hereinafter called “Engineer’s Consultant”), has recently been awarded to the Contractor by the Owner.

AND WHEREAS, the work to be performed by the Contractor or its subcontractors, and the labor, materials, equipment, apparatus, and supplies to be provided in connection therewith (collectively, the

“Work”) is more particularly described in the Proposal (the “Proposal”) attached hereto.

AND WHEREAS, the aggregate cost of the Work (referred to as either the “Contract Price” or the

“Contract Sum”) and the individual prices and rates of the various components of the Work that together comprise the Contract Price, are more particularly described in the Proposal.

AND WHEREAS, it was one of the conditions of said Award that a formal contract should be executed by and between the Owner and the Contractor, evidencing the terms of said Award.

NOW THEREFORE, THIS AGREEMENT FURTHER WITNESSETH THAT the Owner and the

Contractor represent, warrant, covenant and agree as follows:

It is agreed and understood that the terms and conditions of the following documentation of are a part of and parcel to this Agreement to the same extent as if incorporated herein in full:

Project Manual for Project No. 26-001 Town of Holly Springs North Main Athletic Complex

Parking Lot Rehabilitation; Standard General Conditions of the Construction Contract (EJCDC

Document No. 1910-8, 1996 edition), as amended, revised, and supplemented by the

Supplementary Conditions (the “Supplementary Conditions”) and the Special Conditions (the

“Special Conditions”) thereto (as so amended, revised and supplemented, the “General

Conditions”) and 2024 NCDOT Standard Specifications for Roads and Structures.

The Contractor hereby covenants and agrees with the Owner that it will, for a sum equal to the Contract

Price, well and faithfully perform, provide and execute the Work in accordance with each and every one of the conditions, covenants, stipulations, terms and provisions contained in the Notice to

Bidders/Invitation to Bid, the Instructions to Bidders, the Proposal, the Plans, the Specifications, the

General Conditions and the Contract Documents (as that term is defined in the General Conditions), all of which are a part of and parcel to this Agreement to the same extent as if incorporated herein in full.

And the Owner does hereby covenant and agree with the Contractor that it will pay to the Contractor, when due and payable under the terms of the Contract Documents and the Award, the Contract Price, and that it will well and faithfully comply with and perform each and every obligation imposed upon it by said Contract Documents and the terms of said Award.

Project No. 26-001 00500-4 Town of Holly Springs

The Contractor shall commence the Work on the commencement date specified in a written order of the

Owner (the “Notice to Proceed”). The Work shall be finally and fully completed in the manner and times described in Table 1 below, so that it is ready for final payment, as evidenced by the Engineer’s or the Architect’s written recommendation. In the event that the Work is not completed to the standards and degrees required by the Contract Times, or either of them, liquidated damages shall be assessed against the Contractor for each day of delay as described herein below.

LIQUIDATED DAMAGES

The parties recognize and acknowledge that Owner will suffer financial losses if the Work is not completed as required within the Contract Times. They also recognize and acknowledge that the damages caused by the contractor’s delays are difficult to ascertain and that the expense and difficulty to both parties in proving or contesting the amounts of those losses would be substantial.